[House Prints 116-9]
[From the U.S. Government Publishing Office]



 
116th Congress  }                                       {  (CP: 116-9)
                           COMMITTEE PRINT
1st   Session   }                                       {    38-136                  
                                                               
_______________________________________________________________________

                                     




                        COMPILATION OF SPACE LAW
        U.S. & INTERNATIONAL SPACE LAW, DOCUMENTS AND AGREEMENTS

                               ----------                              

                       PREPARED AT THE REQUEST OF

                 HON. EDDIE BERNICE JOHNSON, CHAIRWOMAN

              COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY
                 UNITED STATES HOUSE OF REPRESENTATIVES
                 

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                              OCTOBER 2019

 Printed for the use of the Committee on Science, Space, and Technology
 
 
 
 
 

                       COMPILATION OF SPACE LAW 
        U.S. & INTERNATIONAL SPACE LAW, DOCUMENTS AND AGREEMENTS
        
        
        
        
        
        
        
        
116th Congress  }                                        {   (CP: 116-9)
                           COMMITTEE PRINT
 1st Session    }                                        {    38-136
                                                                 
_______________________________________________________________________

                                     



 
                        COMPILATION OF SPACE LAW

        U.S. & INTERNATIONAL SPACE LAW, DOCUMENTS AND AGREEMENTS

                               __________

                       PREPARED AT THE REQUEST OF

                 HON. EDDIE BERNICE JOHNSON, CHAIRWOMAN
                 

              COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY

                 UNITED STATES HOUSE OF REPRESENTATIVES
                 
                 
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]



                              OCTOBER 2019

 Printed for the use of the Committee on Science, Space, and Technology
 
 
 
                             ______
                          

             U.S. GOVERNMENT PUBLISHING OFFICE 
 38-136               WASHINGTON : 2020 
 
 
 
              COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY

                EDDIE BERNICE JOHNSON, Texas, Chairwoman
ZOE LOFGREN, California              FRANK LUCAS, Oklahoma
DAN LIPINSKI, Illinois               MO BROOKS, Alabama
SUZANNE BONAMICI, Oregon             BILL POSEY, Florida
AMI BERA, California                 RANDY WEBER, Texas
LIZZIE FLETCHER, Texas               BRIAN BABIN, Texas
HALEY STEVENS, Michigan              ANDY BIGGS, Arizona
KENDRA HORN, Oklahoma                ROGER MARSHALL, Kansas
MIKIE SHERRILL, New Jersey           RALPH NORMAN, South Carolina
BRAD SHERMAN, California             MICHAEL CLOUD, Texas
STEVE COHEN, Tennessee               TROY BALDERSON, Ohio
JERRY MCNERNEY, California           PETE OLSON, Texas
ED PERLMUTTER, Colorado              ANTHONY GONZALEZ, Ohio
PAUL TONKO, New York                 MICHAEL WALTZ, Florida
BILL FOSTER, Illinois                JIM BAIRD, Indiana
DON BEYER, Virginia                  JAMIE HERRERA BEUTLER, Washington
CHARLIE CRIST, Florida               FRANCIS ROONEY, Florida
SEAN CASTEN, Illinois                GREGORY F. MURPHY, North Carolina
BEN MCADAMS, Utah
JENNIFER WEXTON, Virginia
CONOR LAMB, Pennsylvania
                                CONTENTS

                                                                   Page
Part 1--Federal Laws.............................................     1
Title 51--National and Commercial Space Programs.................     7
Subtitle I--General..............................................     8
Subtitle II--General Program and Policy Provisions...............     8
Subtitle III--Administrative Provision...........................     8
Subtitle IV--Aeronautics and Space Research and Education........     8
Subtitle V--Program Targeting Commercial Opportunities...........     8
Subtitle VI--Earth Observation...................................     8
Subtitle VII--Access to Space....................................     8
Title 42, Chapter 159--Space Exploration, Technology, and Science   357
Subchapter I--Policy, Goals, and Objectives for Human Space 
  Flight and Exploration.........................................   359
Subchapter II--Expansion of Human Space Flight Beyond the 
  International Space Station and Low-Earth Orbit................   359
Subchapter III--Development and Use of Commercial Crew and Cargo 
  Transportation Capabilities....................................   359
Subchapter IV--Continuation, Support, and Evolution of the 
  International Space Station....................................   359
Subchapter V--Space Shuttle Retirement and Transition............   359
Subchapter VI--Earth Science.....................................   359
Subchapter VII--Space Science....................................   359
Subchapter VIII--Aeronautics and Space Technology................   360
Subchapter IX--Education.........................................   360
Subchapter X--Re-Scoping and Revitalizating Institutional 
  Capabilities...................................................   360
Subchapter XI--Other Matters.....................................   360
Part 2--International Treaties...................................   419
Outer Space Treaty...............................................   423
Rescue Agreement.................................................   431
Liability Convention.............................................   437
Registration Convention..........................................   447
Moon Treaty......................................................   455
Principles of Outer Space........................................   467
Vienna Convention on the Laws of Treaty..........................   485
Part 3--Accompanying Treaties....................................   515
Bilateral Treaties...............................................   519
International COSPAS-SARSAT Program Agreement....................   529
Agreement Among the Governments Concerning Cooperation on the 
  Civil International Space Station..............................   541
                                     

    Foreword by the Hon. Eddie Bernice Johnson, Chairwoman

    On October 4, 1957, the Soviet Union shocked the world by 
launching the first artificial satellite into space. Prior to 
this date, outer space had largely been the realm of science 
fiction. Occurring at the height of the Cold War, the launch of 
Sputnik made the use of outer space a reality overnight. The 
United States was motivated to respond with unprecedented 
speed. Less than a year later, in 1958, Congress created the 
National Aeronautics and Space Administration as well as the 
predecessor of the Committee on Science, Space, and Technology. 
Efforts to support the nation's scientific enterprise were also 
pushed through. A generation of engineers and scientists were 
born of this effort, and the lasting result has been measured 
not just in achievements in spaceflight, but also by a 
technological revolution that has driven the American economy 
for a half century.
    1958 was also the year that the National Aeronautics and 
Space Act was enacted. This legislation was likely the first 
major national effort to create a body of space law. As the 
Space Race sped forward, it soon became clear that the nature 
of space travel required more than national laws to govern its 
conduct. In 1967 the world came together to create the Outer 
Space Treaty. Both the United States and the Soviet Union 
ratified this treaty in 1967, which was a notable legal and 
diplomatic achievement during the Cold War.
    Since the early days of the Space Race, progress in the 
exploration and utilization of outer space has come in leaps 
and bounds. Modern society interacts in countless (and 
frequently unnoticed) ways with our space economy every day. 
The body of space law has also grown and changed along with 
these developments.
    Today, we stand at a crossroads in the use of outer space. 
Commercial entities are poised to begin operating in 
unprecedented ways, including introducing regular travel to 
space. As commercial space activities begin to outpace the 
space activities of nation-states, new challenges to our space 
law regimes will present themselves. It is my hope that this 
compilation will provide the Members of the Committee on 
Science, Space, and Technology with a comprehensive resource as 
our Committee moves to address these modern challenges to space 
law.

                                     Eddie Bernice Johnson,
           Chairwoman, Committee on Science, Space, and Technology.
                                     

                            Acknowledgments

    This publication could not have been possible without the 
time and effort put in by numerous people.
    Interns play an enormous role in the daily operations of 
the Committee, performing tasks such as providing support for 
hearings, being `the face' of the Committee through greeting 
visitors, answering phones, relaying messages. Interns also 
provide research assistance, draft memorandums, and field 
questions for hearings. John Bergstresser, a legal intern from 
Creighton University School of Law, spent part of his 
internship compiling federal and international space law 
documents for this publication, formatted, edited, and provided 
commentary throughout this publication. I recognize him for his 
hard work and time spent.
    I recognize and thank the assistance of several offices and 
government departments. Without the Government Printing Office 
and the hard work of Natalie Shattuck this publication would 
never have left the press. Additionally, I would like to 
recognize the Office of Law Revision Counsel and the United 
Nations office for Outer Space Affairs for providing to the 
public the federal laws and treaties which are used in this 
publication. The Department of State has also provided to the 
public current treaties and agreements which the United States 
is a party to and are used in this publication.
    I would be remiss if I did not single out Rob Sukol of the 
Office of Law Revision Counsel. Rob led the Title 51 
codification efforts for his office. Through his hard work over 
many years, space law as a distinct body of law in U.S. 
jurisprudence has been greatly advanced.

                           John Piazza,
        Chief Counsel, Committee on Science, Space, and Technology.
=======================================================================


                                 PART 1

                           FEDERAL SPACE LAW

=======================================================================


    Part 1 focuses on federal laws that are specific to space 
activities. This part details the substance of federal law on 
government and commercial space activities. Laws related 
specifically to the radio spectrum and telecommunication 
satellites have been omitted.
    Most federal space law is concentrated in Title 51 of the 
U.S. Code. Title 51 was enacted as positive law in 2010 as a 
part of the regular recodification efforts of the Office of Law 
Revision Counsel. This effort consolidated various scattered 
elements of space law, including the Space Act and the 
Commercial Space Launch Act, into a comprehensive title of the 
U.S. Code.
    Public Law 111-267, the National Aeronautics and Space 
Administration Act of 2010, was not incorporated into Title 51 
because Title 51 was enacted as positive law by the 111th 
Congress at nearly the same time as P.L. 111-267 was enacted. 
For that reason, the elements of P.L. 111-267 (as amended by 
subsequent laws) are included in this volume as Title 42, 
Chapter 159 of the U.S. Code. Please note that this title of 
the Code is not positive law. Rather, Title 42 is a restatement 
of the law. However, the decision was made to include Title 42, 
rather than the source law, due to the very helpful annotations 
included by the Office of Law Revision Counsel. Moreover, these 
annotations include the source history of the material. The 
Office of Law Revision Counsel continues their efforts to clean 
up the U.S. Code, and it is expected at some point that these 
provisions will eventually be incorporated into Title 51. For 
more information about the difference between positive law 
titles versus non-positive law titles, readers can visit the 
website of the Office of Law Revision Counsel at: https://
uscode.house.gov.
    Part 1 is divided into two sections. Section 1 contains 
Title 51--National and Commercial Space Programs, as annotated 
by the Office of Law Revision Counsel. Section 2 contains Title 
42, Chapter 159--Science, Space, and Technology, as annotated. 
For the sake of brevity, Part 1 does not include any federal 
regulations promogulated by any federal oversight agencies such 
as the FCC, FAA, or NOAA. Those regulations can be found on the 
Federal Register.

=======================================================================


                               SECTION 1

                      TITLE 51 UNITED STATES CODE

=======================================================================


                         (Release Point 116-56)

            TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS

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

                          Subtitle I--General

Chap.
                                                                   Sec.
101. Definitions..................................................10101

           Subtitle II--General Program and Policy Provisions

201. National Aeronautics and Space Program.......................20101
203. Responsibilities and Vision..................................20301

                Subtitle III--Administrative Provisions

301. Appropriations, Budgets, and Accounting......................30101
303. Contracting and Procurement..................................30301
305. Management and Review........................................30501
307. International Cooperation and Competition....................30701
309. Awards.......................................................30901
311. Safety.......................................................31101
313. Healthcare...................................................31301
315. Miscellaneous................................................31501

       Subtitle IV--Aeronautics and Space Research and Education

401. Aeronautics..................................................40101
403. National Space Grant College and Fellowship Program..........40301
405. Biomedical Research in Space.................................40501
407. Environmentally Friendly Aircraft............................40701
409. Miscellaneous................................................40901

        Subtitle V--Programs Targeting Commercial Opportunities

501. Space Commerce...............................................50101
503. Commercial Reusable In-Space Transportation..................50301
505. Commercial Space Competitiveness.............................50501
507. Office of Space Commerce.....................................50701
509. Commercial Space Launch Activities...........................50901
511. Space Transportation Infrastructure Matching Grants..........51101
513. Space resource commercial exploration and utilization....... 51301
515. Office of Spaceports.........................................51501

                    Subtitle VI--Earth Observations

601. Land Remote Sensing Policy...................................60101
603. Remote Sensing...............................................60301
605. Earth Science................................................60501

                     Subtitle VII--Access to Space

701. Use of space launch system or alternatives...................70101
  703. [Repealed]
705. Exploration Initiatives......................................70501
707. Human Space Flight Independent Investigation Commission......70701
709. International Space Station..................................70901
711. Near-Earth Objects...........................................71101
713. Cooperation for Safety Among Spacefaring Nations.............71301


                               AMENDMENTS

    2018--Pub. L. 115-254, div. B, title V, Sec. 580(b)(2), 
Oct. 5, 2018, 132 Stat. 3396, added item 515.
    2017--Pub. L. 115-10, title IV, Sec. 416(b), Mar. 21, 2017, 
131 Stat. 35, struck out item for chapter 703 ``Shuttle Pricing 
Policy for Commercial and Foreign Users''.
    2015--Pub. L. 114-90, title I, Sec. 117(b)(1), title III, 
Sec. 301(a)(2), title IV, Sec. 402(b), Nov. 25, 2015, 129 Stat. 
718, 720, 722, added item 513 and substituted ``Commerce'' for 
``Commercialization'' in item 507 and ``Use of space launch 
system or alternatives'' for ``Use of Space Shuttle or 
Alternatives'' in item 701.
    2010--Pub. L. 111-314, Sec. 4(d)(7), Dec. 18, 2010, 124 
Stat. 3443, added items 509 and 511.

SUBTITLE I OF TITLE 51, U.S.C.

SUBTITLE I OF TITLE 51, U.S.C.

                          Subtitle I--General

                        CHAPTER 101--DEFINITIONS

Sec.
10101. Definitions.

Sec. 10101. Definitions

    In this title:
          (1) Administration.--The term ``Administration'' 
        means the National Aeronautics and Space 
        Administration.
          (2) Administrator.--The term ``Administrator'' means 
        the Administrator of the National Aeronautics and Space 
        Administration.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3329.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
10101................................  (no source)
----------------------------------------------------------------------------------------------------------------

    Title-wide definitions for the terms ``Administration'' and 
``Administrator'' are added for clarity and convenience.

                     SHORT TITLE OF 2018 AMENDMENT

    Pub. L. 115-403, Sec. 1, Dec. 31, 2018, 132 Stat. 5348, 
provided that: ``This Act [amending section 20145 of this 
title] may be cited as the `NASA Enhanced Use Leasing Extension 
Act of 2018'.''

                     SHORT TITLE OF 2017 AMENDMENT

    Pub. L. 115-10, Sec. 1(a), Mar. 21, 2017, 131 Stat. 18, 
provided that: ``This Act [see Tables for classification] may 
be cited as the `National Aeronautics and Space Administration 
Transition Authorization Act of 2017'.'' Pub. L. 115-10, title 
IV, Sec. 441, Mar. 21, 2017, 131 Stat. 44, provided that: 
``This subtitle [subtitle D (Sec. Sec. 441-443) of title IV of 
Pub. L. 115-10, enacting section 20149 of this title and 
provisions set out as notes under section 20149 of this title] 
may be cited as the `To Research, Evaluate, Assess, and Treat 
Astronauts Act' or the `TREAT Astronauts Act'.''

                     SHORT TITLE OF 2015 AMENDMENT

    Pub. L. 114-90, Sec. 1(a), Nov. 25, 2015, 129 Stat. 704, 
provided that: ``This Act [enacting chapter 513 and sections 
60126 and 70104 of this title, amending sections 20113, 50131, 
50701, 50702, 50901, 50902, 50904 to 50908, 50914, 50915, 
50919, 70101 to 70103, and 70907 of this title and sections 
18351, 18353, and 18354 of Title 42, The Public Health and 
Welfare, and enacting provisions set out as notes under this 
section and sections 20113 and 50918 of this title] may be 
cited as the `U.S. Commercial Space Launch Competitiveness 
Act'.''
    Pub. L. 114-90, title I, Sec. 101, Nov. 25, 2015, 129 Stat. 
705, provided that: ``This title [enacting section 70104 of 
this title, amending sections 20113, 50131, 50901, 50902, 50904 
to 50908, 50914, 50915, 50919, 70101 to 70103, and 70907 of 
this title and sections 18351, 18353, and 18354 of Title 42, 
The Public Health and Welfare, and enacting provisions set out 
as notes under sections 20113 and 50918 of this title] may be 
cited as the `Spurring Private Aerospace Competitiveness and 
Entrepreneurship Act of 2015' or `SPACE Act of 2015'.''
    Pub. L. 114-90, title IV, Sec. 401, Nov. 25, 2015, 129 
Stat. 720, provided that: ``This title [enacting chapter 513 of 
this title] may be cited as the `Space Resource Exploration and 
Utilization Act of 2015'.''

                     SHORT TITLE OF 2013 AMENDMENT

    Pub. L. 112-273, Sec. 1, Jan. 14, 2013, 126 Stat. 2454, 
provided that: ``This Act [amending section 50915 of this 
title, section 18313 of Title 42, The Public Health and 
Welfare, and provisions set out as a note under section 1701 of 
Title 50, War and National Defense] may be cited as the `Space 
Exploration Sustainability Act'.''

                        SHORT TITLE OF 2008 ACT

    Pub. L. 110-422, Sec. 1(a), Oct. 15, 2008, 122 Stat. 4779, 
provided that: ``This Act [see Tables for classification] may 
be cited as the `National Aeronautics and Space Administration 
Authorization Act of 2008'.''

                        SHORT TITLE OF 2005 ACT

    Pub. L. 109-155, Sec. 1(a), Dec. 30, 2005, 119 Stat. 2895, 
provided that: ``This Act [see Tables for classification] may 
be cited as the `National Aeronautics and Space Administration 
Authorization Act of 2005'.''

                        SHORT TITLE OF 2004 ACT

    Pub. L. 108-492, Sec. 1, Dec. 23, 2004, 118 Stat. 3974, 
provided that: ``This Act [see Tables for classification] may 
be cited as the `Commercial Space Launch Amendments Act of 
2004'.''

                        SHORT TITLE OF 2002 ACT

    Pub. L. 107-248, title IX, Sec. 901, Oct. 23, 2002, 116 
Stat. 1573, provided that: ``This title [see Tables for 
classification] may be cited as the `Commercial Reusable In-
Space Transportation Act of 2002'.''

                        SHORT TITLE OF 2000 ACT

    Pub. L. 106-405, Sec. 1, Nov. 1, 2000, 114 Stat. 1751, 
provided that: ``This Act [see Tables for classification] may 
be cited as the `Commercial Space Transportation 
Competitiveness Act of 2000'.''

                        SHORT TITLE OF 1998 ACT

    Pub. L. 105-303, Sec. 1(a), Oct. 28, 1998, 112 Stat. 2843, 
provided that: ``This Act [see Tables for classification] may 
be cited as the `Commercial Space Act of 1998'.''

                        SHORT TITLE OF 1992 ACT

    Pub. L. 102-555, Sec. 1, Oct. 28, 1992, 106 Stat. 4163, 
provided that: ``This Act [see Tables for classification] may 
be cited as the `Land Remote Sensing Policy Act of 1992'.''

                        SHORT TITLE OF 1990 ACT

    Pub. L. 101-611, title II, Sec. 201, Nov. 16, 1990, 104 
Stat. 3205, provided that: ``This title [see Tables for 
classification] may be cited as the `Launch Services Purchase 
Act of 1990'.''

                        SHORT TITLE OF 1987 ACT

    Pub. L. 100-147, title II, Sec. 201, Oct. 30, 1987, 101 
Stat. 869, provided that: ``This title [see Tables for 
classification] may be cited as the `National Space Grant 
College and Fellowship Act'.''

                        SHORT TITLE OF 1958 ACT

    Pub. L. 85-568, title I, Sec. 101, July 29, 1958, 72 Stat. 
426, provided that: ``This Act [see Tables for classification] 
may be cited as the `National Aeronautics and Space Act of 
1958'.''

                              DEFINITIONS

    Pub. L. 115-10, Sec. 2, Mar. 21, 2017, 131 Stat. 19, 
provided that: ``In this Act [see Tables for classification]:
          ``(1) Administration.--The term `Administration' 
        means the National Aeronautics and Space 
        Administration.
          ``(2) Administrator.--The term `Administrator' means 
        the Administrator of the National Aeronautics and Space 
        Administration.
          ``(3) Appropriate committees of congress.--The term 
        `appropriate committees of Congress' means--
                  ``(A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                  ``(B) the Committee on Science, Space, and 
                Technology of the House of Representatives.
          ``(4) CIS-Lunar space.--The term `cis-lunar space' 
        means the region of space from the Earth out to and 
        including the region around the surface of the Moon.
          ``(5) Deep space.--The term `deep space' means the 
        region of space beyond low-Earth orbit, to include cis-
        lunar space.
          ``(6) Government astronaut.--The term `government 
        astronaut' has the meaning given the term in section 
        50902 of title 51, United States Code.
          ``(7) ISS.--The term `ISS' means the International 
        Space Station.
          ``(8) ISS management entity.--The term `ISS 
        management entity' means the organization with which 
        the Administrator has a cooperative agreement under 
        section 504(a) of the National Aeronautics and Space 
        Administration Authorization Act of 2010 (42 U.S.C. 
        18354(a)).
          ``(9) NASA.--The term `NASA' means the National 
        Aeronautics and Space Administration.
          ``(10) Orion.--The term `Orion' means the 
        multipurpose crew vehicle described under section 303 
        of the National Aeronautics and Space Administration 
        Authorization Act of 2010 (42 U.S.C. 18323).
          ``(11) Space launch system.--The term `Space Launch 
        System' has the meaning given the term in section 3 of 
        the National Aeronautics and Space Administration 
        Authorization Act of 2010 (42 U.S.C. 18302).
          ``(12) United states government astronaut.--The term 
        `United States government astronaut' has the meaning 
        given the term `government astronaut' in section 50902 
        of title 51, United States Code, except it does not 
        include an individual who is an international partner 
        astronaut.''
    Pub. L. 111-358, title II, Sec. 206, Jan. 4, 2011, 124 
Stat. 3996, provided that: ``In this title [amending section 
18421 of Title 42, The Public Health and Welfare, and enacting 
provisions set out as notes under section 20303 of this title, 
preceding sections 30501 and 40901 of this title, and under 
section 18421 of Title 42]:
          ``(1) Administrator.--The term `Administrator' means 
        the Administrator of NASA.
          ``(2) NASA.--The term `NASA' means the National 
        Aeronautics and Space Administration.''
    Pub. L. 110-422, Sec. 3, Oct. 15, 2008, 122 Stat. 4782, 
provided that: ``In this Act [see Short Title of 2008 Act note 
above]:
          ``(1) Administrator.--The term `Administrator' means 
        the Administrator of NASA.
          ``(2) NASA.--The term `NASA' means the National 
        Aeronautics and Space Administration.
          ``(3) NOAA.--The term `NOAA' means the National 
        Oceanic and Atmospheric Administration.
          ``(4) OSTP.--The term `OSTP' means the Office of 
        Science and Technology Policy.''
    Pub. L. 109-155, Sec. 2, Dec. 30, 2005, 119 Stat. 2897, 
provided that: ``In this Act [see Short Title of 2005 Act note 
above]:
          ``(1) Administrator.--The term `Administrator' means 
        the Administrator of the National Aeronautics and Space 
        Administration.
          ``(2) ISS.--The term `ISS' means the International 
        Space Station.
          ``(3) NASA.--The term `NASA' means the National 
        Aeronautics and Space Administration.''
    Pub. L. 106-391, Sec. 3, Oct. 30, 2000, 114 Stat. 1579, 
provided that: ``For purposes of this Act [see Tables for 
classification]--
          ``(1) the term `Administrator' means the 
        Administrator of the National Aeronautics and Space 
        Administration;
          ``(2) the term `commercial provider' means any person 
        providing space transportation services or other space-
        related activities, the primary control of which is 
        held by persons other than a Federal, State, local, or 
        foreign government;
          ``(3) the term `critical path' means the sequence of 
        events of a schedule of events under which a delay in 
        any event causes a delay in the overall schedule;
          ``(4) the term `grant agreement' has the meaning 
        given that term in section 6302(2) of title 31, United 
        States Code;
          ``(5) the term `institution of higher education' has 
        the meaning given such term in section 101 of the 
        Higher Education Act of 1965 (20 U.S.C. 1001);
          ``(6) the term `State' means each of the several 
        States of the United States, the District of Columbia, 
        the Commonwealth of Puerto Rico, the Virgin Islands, 
        Guam, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and any other commonwealth, territory, 
        or possession of the United States; and
          ``(7) the term `United States commercial provider' 
        means a commercial provider, organized under the laws 
        of the United States or of a State, which is--
                  ``(A) more than 50 percent owned by United 
                States nationals; or
                  ``(B) a subsidiary of a foreign company and 
                the Secretary of Commerce finds that--
                          ``(i) such subsidiary has in the past 
                        evidenced a substantial commitment to 
                        the United States market through--
                                  ``(I) investments in the 
                                United States in long-term 
                                research, development, and 
                                manufacturing (including the 
                                manufacture of major components 
                                and subassemblies); and
                                  ``(II) significant 
                                contributions to employment in 
                                the United States; and
                          ``(ii) the country or countries in 
                        which such foreign company is 
                        incorporated or organized, and, if 
                        appropriate, in which it principally 
                        conducts its business, affords 
                        reciprocal treatment to companies 
                        described in subparagraph (A) 
                        comparable to that afforded to such 
                        foreign company's subsidiary in the 
                        United States, as evidenced by--
                                  ``(I) providing comparable 
                                opportunities for companies 
                                described in subparagraph (A) 
                                to participate in Government 
                                sponsored research and 
                                development similar to that 
                                authorized under this Act;
                                  ``(II) providing no barriers 
                                to companies described in 
                                subparagraph (A) with respect 
                                to local investment 
                                opportunities that are not 
                                provided to foreign companies 
                                in the United States; and
                                  ``(III) providing adequate 
                                and effective protection for 
                                the intellectual property 
                                rights of companies described 
                                in subparagraph (A).''

SUBTITLE II OF TITLE 51, U.S.C.

SUBTITLE II OF TITLE 51, U.S.C.

           Subtitle II--General Program and Policy Provisions

          CHAPTER 201--NATIONAL AERONAUTICS AND SPACE PROGRAM

    Subchapter I--Short Title, Declaration of Policy, and Definitions

Sec.
20101. Short title.
20102. Congressional declaration of policy and purpose.
20103. Definitions.

    Subchapter II--Coordination of Aeronautical and Space Activities

20111. National Aeronautics and Space Administration.
20112. Functions of the Administration.
20113. Powers of the Administration in performance of functions.
20114. Administration and Department of Defense coordination.
20115. International cooperation.
20116. Reports to Congress.
20117. Disposal of excess land.

            Subchapter III--General Administrative Provisions

20131. Public access to information.
20132. Security requirements.
20133. Permission to carry firearms.
20134. Arrest authority.
20135. Property rights in inventions.
20136. Contributions awards.
20137. Malpractice and negligence suits against United States.
20138. Insurance and indemnification.
20139. Insurance for experimental aerospace vehicles.
20140. Appropriations.
20141. Misuse of agency name and initials.
20142. Contracts regarding expendable launch vehicles.
20143. Full cost appropriations account structure.
20144. Prize authority.
20145. Lease of non-excess property.
20146. Retrocession of jurisdiction.
20147. Recovery and disposition authority.
20148. Indemnification; NASA launch services and reentry services.
20149. Medical monitoring and research relating to human space flight.

                Subchapter IV--Upper Atmosphere Research

20161. Congressional declaration of purpose and policy.
20162. Definition of upper atmosphere.
20163. Program authorized.
20164. International cooperation.

                               AMENDMENTS

    2017--Pub. L. 115-10, title III, Sec. 305(b), title IV, 
Sec. 443(b), Mar. 21, 2017, 131 Stat. 32, 47, added items 20148 
and 20149.

   Subchapter I--Short Title, Declaration of Policy, and Definitions

Sec. 20101. Short title

    This chapter may be cited as the ``National Aeronautics and 
Space Act''.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3330.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20101................................  (no source)
----------------------------------------------------------------------------------------------------------------

    Chapter 201 of title 51 restates the National Aeronautics 
and Space Act of 1958. Although short titles are generally 
eliminated as unnecessary in positive law titles of the United 
States Code, in this case it was suggested that the short title 
``National Aeronautics and Space Act'' be provided for 
convenience.

Sec. 20102. Congressional declaration of policy and purpose

    (a) Devotion of Space Activities to Peaceful Purposes for 
Benefit of All Humankind.--Congress declares that it is the 
policy of the United States that activities in space should be 
devoted to peaceful purposes for the benefit of all humankind.
    (b) Aeronautical and Space Activities for Welfare and 
Security of United States.--Congress declares that the general 
welfare and security of the United States require that adequate 
provision be made for aeronautical and space activities. 
Congress further declares that such activities shall be the 
responsibility of, and shall be directed by, a civilian agency 
exercising control over aeronautical and space activities 
sponsored by the United States, except that activities peculiar 
to or primarily associated with the development of weapons 
systems, military operations, or the defense of the United 
States (including the research and development necessary to 
make effective provision for the defense of the United States) 
shall be the responsibility of, and shall be directed by, the 
Department of Defense; and that determination as to which 
agency has responsibility for and direction of any such 
activity shall be made by the President.
    (c) Commercial Use of Space.--Congress declares that the 
general welfare of the United States requires that the 
Administration seek and encourage, to the maximum extent 
possible, the fullest commercial use of space.
    (d) Objectives of Aeronautical and Space Activities.--The 
aeronautical and space activities of the United States shall be 
conducted so as to contribute materially to one or more of the 
following objectives:
          (1) The expansion of human knowledge of the Earth and 
        of phenomena in the atmosphere and space.
          (2) The improvement of the usefulness, performance, 
        speed, safety, and efficiency of aeronautical and space 
        vehicles.
          (3) The development and operation of vehicles capable 
        of carrying instruments, equipment, supplies, and 
        living organisms through space.
          (4) The establishment of long-range studies of the 
        potential benefits to be gained from, the opportunities 
        for, and the problems involved in the utilization of 
        aeronautical and space activities for peaceful and 
        scientific purposes.
          (5) The preservation of the role of the United States 
        as a leader in aeronautical and space science and 
        technology and in the application thereof to the 
        conduct of peaceful activities within and outside the 
        atmosphere.
          (6) The making available to agencies directly 
        concerned with national defense of discoveries that 
        have military value or significance, and the furnishing 
        by such agencies, to the civilian agency established to 
        direct and control nonmilitary aeronautical and space 
        activities, of information as to discoveries which have 
        value or significance to that agency.
          (7) Cooperation by the United States with other 
        nations and groups of nations in work done pursuant to 
        this chapter and in the peaceful application of the 
        results thereof.
          (8) The most effective utilization of the scientific 
        and engineering resources of the United States, with 
        close cooperation among all interested agencies of the 
        United States in order to avoid unnecessary duplication 
        of effort, facilities, and equipment.
          (9) The preservation of the United States preeminent 
        position in aeronautics and space through research and 
        technology development related to associated 
        manufacturing processes.
          (10) The search for life's origin, evolution, 
        distribution, and future in the universe.
    (e) Ground Propulsion Systems Research and Development.--
Congress declares that the general welfare of the United States 
requires that the unique competence in scientific and 
engineering systems of the Administration also be directed 
toward ground propulsion systems research and development. Such 
development shall be conducted so as to contribute to the 
objectives of developing energy and petroleum-conserving ground 
propulsion systems, and of minimizing the environmental 
degradation caused by such systems.
    (f) Bioengineering Research, Development, and Demonstration 
Programs.--Congress declares that the general welfare of the 
United States requires that the unique competence of the 
Administration in science and engineering systems be directed 
to assisting in bioengineering research, development, and 
demonstration programs designed to alleviate and minimize the 
effects of disability.
    (g) Warning and Mitigation of Potential Hazards of Near-
Earth Objects.--Congress declares that the general welfare and 
security of the United States require that the unique 
competence of the Administration be directed to detecting, 
tracking, cataloguing, and characterizing near-Earth asteroids 
and comets in order to provide warning and mitigation of the 
potential hazard of such near-Earth objects to the Earth.
    (h) Purpose of Chapter.--It is the purpose of this chapter 
to carry out and effectuate the policies declared in 
subsections (a) to (g).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3330; Pub. 
L. 115-10, title V, Sec. 507, Mar. 21, 2017, 131 Stat. 50.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20102................................  42 U.S.C. 2451.                    Pub. L. 85-568, title I, Sec.  102,
                                                                           July 29, 1958, 72 Stat. 426; Pub. L.
                                                                           94-413, Sec.  15(a), (b), Sept. 17,
                                                                           1976, 90 Stat. 1270; Pub. L. 95-238,
                                                                           title III, Sec.  311, Feb. 25, 1978,
                                                                           92 Stat. 83; Pub. L. 95-401, Sec.  7,
                                                                           Sept. 30, 1978, 92 Stat. 860; Pub. L.
                                                                           98-361, title I, Sec.  110, July 16,
                                                                           1984, 98 Stat. 426; Pub. L. 100-685,
                                                                           title II, Sec.  214, Nov. 17, 1988,
                                                                           102 Stat. 4093; Pub. L. 106-391,
                                                                           title III, Sec.  302(a), Oct. 30,
                                                                           2000, 114 Stat. 1591; Pub. L. 109-
                                                                           155, title III, Sec.  321(d)(2), Dec.
                                                                           30, 2005, 119 Stat. 2923.
----------------------------------------------------------------------------------------------------------------

    In subsection (b), the words ``in conformity with section 
201(e)'', which appeared at the end of the subsection, are 
omitted as obsolete. Section 201 of Public Law 85-568, which 
was classified to former section 2471 of title 42 (last 
appearing in the 1970 edition of the United States Code), 
established the National Aeronautics and Space Council, with 
the functions of the Council specified in section 201(e). Those 
functions included advising the President ``as he may request'' 
with respect to promoting cooperation and resolving differences 
among agencies of the United States engaged in aeronautical and 
space activities. The words are obsolete because section 
3(a)(4) of Reorganization Plan No. 1 of 1973 (5 App. U.S.C.), 
abolished the National Aeronautics and Space Council, including 
the office of Executive Secretary of the Council, together with 
its functions.
    In subsection (c), the words ``(as established by title II 
of this Act)'', which appeared after ``Administration'', are 
omitted as unnecessary.
    In subsection (d), the word ``and'', appearing at the end 
of paragraph (8), is omitted as unnecessary because of the 
introductory words ``one or more of the following''.

                               AMENDMENTS

    2017--Subsec. (d)(10). Pub. L. 115-10 added par. (10).

                   CONGRESSIONAL FINDINGS AND POLICY

    Pub. L. 110-422, Sec. 2, Oct. 15, 2008, 122 Stat. 4781, 
provided that: ``The Congress finds, on this, the 50th 
anniversary of the establishment of the National Aeronautics 
and Space Administration, the following:
          ``(1) NASA [National Aeronautics and Space 
        Administration] is and should remain a multimission 
        agency with a balanced and robust set of core missions 
        in science, aeronautics, and human space flight and 
        exploration.
          ``(2) Investment in NASA's programs will promote 
        innovation through research and development, and will 
        improve the competitiveness of the United States.
          ``(3) Investment in NASA's programs, like investments 
        in other Federal science and technology activities, is 
        an investment in our future.
          ``(4) Properly structured, NASA's activities can 
        contribute to an improved quality of life, economic 
        vitality, United States leadership in peaceful 
        cooperation with other nations on challenging 
        undertakings in science and technology, national 
        security, and the advancement of knowledge.
          ``(5) NASA should assume a leadership role in a 
        cooperative international Earth observations and 
        research effort to address key research issues 
        associated with climate change and its impacts on the 
        Earth system.
          ``(6) NASA should undertake a program of aeronautical 
        research, development, and where appropriate 
        demonstration activities with the overarching goals 
        of--
                  ``(A) ensuring that the Nation's future air 
                transportation system can handle up to 3 times 
                the current travel demand and incorporate new 
                vehicle types with no degradation in safety or 
                adverse environmental impact on local 
                communities;
                  ``(B) protecting the environment;
                  ``(C) promoting the security of the Nation; 
                and
                  ``(D) retaining the leadership of the United 
                States in global aviation.
          ``(7) Human and robotic exploration of the solar 
        system will be a significant long-term undertaking of 
        humanity in the 21st century and beyond, and it is in 
        the national interest that the United States should 
        assume a leadership role in a cooperative international 
        exploration initiative.
          ``(8) Developing United States human space flight 
        capabilities to allow independent American access to 
        the International Space Station, and to explore beyond 
        low Earth orbit, is a strategically important national 
        imperative, and all prudent steps should thus be taken 
        to bring the Orion Crew Exploration Vehicle and Ares I 
        Crew Launch Vehicle to full operational capability as 
        soon as possible and to ensure the effective 
        development of a United States heavy lift launch 
        capability for missions beyond low Earth orbit.
          ``(9) NASA's scientific research activities have 
        contributed much to the advancement of knowledge, 
        provided societal benefits, and helped train the next 
        generation of scientists and engineers, and those 
        activities should continue to be an important priority.
          ``(10) NASA should make a sustained commitment to a 
        robust long-term technology development activity. Such 
        investments represent the critically important `seed 
        corn' on which NASA's ability to carry out challenging 
        and productive missions in the future will depend.
          ``(11) NASA, through its pursuit of challenging and 
        relevant activities, can provide an important stimulus 
        to the next generation to pursue careers in science, 
        technology, engineering, and mathematics.
          ``(12) Commercial activities have substantially 
        contributed to the strength of both the United States 
        space program and the national economy, and the 
        development of a healthy and robust United States 
        commercial space sector should continue to be 
        encouraged.
          ``(13) It is in the national interest for the United 
        States to have an export control policy that protects 
        the national security while also enabling the United 
        States aerospace industry to compete effectively in the 
        global market place and the United States to undertake 
        cooperative programs in science and human space flight 
        in an effective and efficient manner.''
    Pub. L. 102-195, Sec. Sec. 2, 3, Dec. 9, 1991, 105 Stat. 
1605, 1606, provided that:

``SEC. 2. FINDINGS.

    ``Congress finds that--
          ``(1) the report of the Advisory Committee on the 
        Future of the United States Space Program has provided 
        a framework within which a consensus on the goals of 
        the space program can be developed;
          ``(2) a balanced civil space science program should 
        be funded at a level of at least 20 percent of the 
        aggregate amount in the budget of the National 
        Aeronautics and Space Administration for `Research and 
        development' and `Space flight, control, and data 
        communications';
          ``(3) development of an adequate data base for life 
        sciences in space will be greatly enhanced through 
        closer scientific cooperation with the Soviet Union, 
        including active use of manned Soviet space stations;
          ``(4) the space program can make substantial 
        contributions to health-related research and should be 
        an integral part of the Nation's health research and 
        development program;
          ``(5) Landsat data and the continuation of the 
        Landsat system beyond Landsat 6 are essential to the 
        Mission to Planet Earth and other long-term 
        environmental research programs;
          ``(6) increased use of defense-related remote sensing 
        data and data technology by civilian agencies and the 
        scientific community can benefit national environmental 
        study and monitoring programs;
          ``(7) the generation of trained scientists and 
        engineers through educational initiatives and academic 
        research programs outside of the National Aeronautics 
        and Space Administration is essential to the future of 
        the United States civil space program;
          ``(8) the strengthening and expansion of the Nation's 
        space transportation infrastructure, including the 
        enhancement of launch sites and launch site support 
        facilities, are essential to support the full range of 
        the Nation's space-related activities;
          ``(9) the aeronautical program contributes to the 
        Nation's technological competitive advantage, and it 
        has been a key factor in maintaining preeminence in 
        aviation over many decades; and
          ``(10) the National Aero Space Plane program can have 
        benefits to the military and civilian aviation programs 
        from the new and innovative technologies developed in 
        propulsion systems, aerodynamics, and control systems 
        that could be enormous, especially for high-speed 
        aeronautical and space flight.

``SEC. 3. POLICY.

    ``It is the policy of the United States that--
          ``(1) the Administrator of the National Aeronautics 
        and Space Administration (hereinafter referred to as 
        the `Administrator'), in planning for national programs 
        in environmental study and human space flight and 
        exploration, should ensure the resiliency of the space 
        infrastructure;
          ``(2) a stable and balanced program of civil space 
        science should be planned to minimize future year 
        funding requirements in order to accommodate a steady 
        stream of new initiatives;
          ``(3) any new launch system undertaken or jointly 
        undertaken by the National Aeronautics and Space 
        Administration should be based on defined mission and 
        program requirements or national policies established 
        by Congress;
          ``(4) in fulfilling the mission of the National 
        Aeronautics and Space Administration to improve the 
        usefulness, performance, speed, safety, and efficiency 
        of space vehicles, the Administrator should establish a 
        program of research and development to enhance the 
        competitiveness and cost effectiveness of commercial 
        expendable launch vehicles; and
          ``(5) the National Aeronautics and Space 
        Administration should promote and support efforts to 
        advance scientific understanding by conducting or 
        otherwise providing for research on environmental 
        problems, including global change, ozone depletion, 
        acid precipitation, deforestation, and smog.''
    Pub. L. 101-611, title I, Sec. Sec. 101, 102, Nov. 16, 
1990, 104 Stat. 3188, 3189, provided that:

``SEC. 101. FINDINGS.

    ``The Congress finds that--
          ``(1) over the next decade, the United States 
        aeronautics and space program will be directed toward 
        major national priorities of understanding, preserving, 
        and enhancing our global environment, hypersonic 
        transportation, human exploration, and emerging 
        technology commercialization;
          ``(2) the United States aeronautics and space program 
        is supported by an overwhelming majority of the 
        American people;
          ``(3) the United States aeronautics and space program 
        genuinely reflects our Nation's pioneer heritage and 
        demonstrates our quest for leadership, economic growth, 
        and human understanding;
          ``(4) the United States space program is based on a 
        solid record of achievement and continues to promote 
        the objective of international cooperation in the 
        exploration of the planets and the universe;
          ``(5) the United States aeronautics and space program 
        generates critical technology breakthroughs that 
        benefit our economy through new products and processes 
        that significantly improve our standard of living;
          ``(6) the United States aeronautics and space program 
        excites the imagination of every generation and can 
        stimulate the youth of our Nation toward the pursuit of 
        excellence in the fields of science, engineering, and 
        mathematics;
          ``(7) the United States aeronautics and space program 
        contributes to the Nation's technological competitive 
        advantage;
          ``(8) the United States aeronautics and space program 
        requires a sustained commitment of financial and human 
        resources as a share of the Nation's Gross National 
        Product;
          ``(9) the United States space transportation system 
        will depend upon a robust fleet of space shuttle 
        orbiters and expendable and reusable launch vehicles 
        and services;
          ``(10) the United States space program will be 
        advanced with an assured funding stream for the 
        development of a permanently manned space station with 
        research, experimentation, observation, servicing, 
        manufacturing, and staging capabilities for lunar and 
        Mars missions;
          ``(11) the United States aeronautics program has been 
        a key factor in maintaining preeminence in aviation 
        over many decades;
          ``(12) the United States needs to maintain a strong 
        program with respect to transatmospheric research and 
        technology by developing and demonstrating National 
        Aero-Space Plane technology by a mid-decade date 
        certain;
          ``(13) the National Aeronautics and Space 
        Administration is primarily responsible for formulating 
        and implementing policy that supports and encourages 
        civil aeronautics and space activities in the United 
        States; and
          ``(14) commercial activities of the private sector 
        will substantially and increasingly contribute to the 
        strength of both the United States space program and 
        the national economy.

``SEC. 102. POLICY.

    ``It is declared to be national policy that the United 
States should--
          ``(1) rededicate itself to the goal of leadership in 
        critical areas of space science, space exploration, and 
        space commercialization;
          ``(2) increase its commitment of budgetary resources 
        for the space program to reverse the dramatic decline 
        in real spending for such program since the 
        achievements of the Apollo moon program;
          ``(3) ensure that the long-range environmental impact 
        of all activities carried out under this title [see 
        Tables for classification] are fully understood and 
        considered;
          ``(4) promote and support efforts to advance 
        scientific understanding by conducting or otherwise 
        providing for research on environmental problems, 
        including global change, ozone depletion, acid 
        precipitation, deforestation, and smog;
          ``(5) forge a robust national space program that 
        maintains a healthy balance between manned and unmanned 
        space activities and recognizes the mutually 
        reinforcing benefits of both;
          ``(6) maintain an active fleet of space shuttle 
        orbiters, including an adequate provision of structural 
        spare parts, and evolve the orbiter design to improve 
        safety and performance, and reduce operational costs;
          ``(7) sustain a mixed fleet by utilizing commercial 
        expendable launch vehicle services to the fullest 
        extent practicable;
          ``(8) support an aggressive program of research and 
        development designed to enhance the United States 
        preeminence in launch vehicles;
          ``(9) continue and complete on schedule the 
        development and deployment of a permanently manned, 
        fully capable, space station;
          ``(10) develop an advanced, high pressure space suit 
        to support extravehicular activity that will be 
        required for Space Station Freedom when Assembly 
        Complete is reached;
          ``(11) establish a dual capability for logistics and 
        resupply of the space station utilizing the space 
        shuttle and expendable launch vehicles, including 
        commercial services if available;
          ``(12) continue to seek opportunities for 
        international cooperation in space and fully support 
        international cooperative agreements;
          ``(13) maintain an aggressive program of aeronautical 
        research and technology development designed to enhance 
        the United States preeminence in civil and military 
        aviation and improve the safety and efficiency of the 
        United States air transportation system;
          ``(14) conduct a program of technology maturation, 
        including flight demonstration in 1997, to prove the 
        feasibility of an air-breathing, hypersonic aerospace 
        plane capable of single-stage-to-orbit operation and 
        hypersonic cruise in the atmosphere;
          ``(15) seek innovative technologies that will make 
        possible advanced human exploration initiatives, such 
        as the establishment of a lunar base and the succeeding 
        mission to Mars, and provide high yield technology 
        advancements for the national economy; and
          ``(16) enhance the human resources of the Nation and 
        the quality of education.''

       NATIONAL AERONAUTICS AND SPACE CAPITAL DEVELOPMENT PROGRAM

    Pub. L. 100-685, title I, Sec. 101, Nov. 17, 1988, 102 Stat 
4083, provided that: ``Congress finds that--
          ``(1) in accordance with section 106 of the National 
        Aeronautics and Space Administration Authorization Act 
        of 1988 (Public Law 100-147) [set out as a note under 
        section 70901 of this title], a space station, 
        hereafter referred to as the United States 
        International Space Station, shall be constructed in 
        order to establish a permanent presence for man in 
        space for the following purposes--
                  ``(A) the conduct of scientific experiments, 
                applications experiments, and engineering 
                experiments;
                  ``(B) the servicing, rehabilitation, and 
                construction of satellites and space vehicles;
                  ``(C) the development and demonstration of 
                commercial products and processes; and
                  ``(D) the establishment of a space base for 
                other civilian and commercial space activities 
                including an outpost for further exploration of 
                the solar system;
          ``(2) expendable launch vehicles should be used to 
        launch those payloads that do not require the presence 
        of man;
          ``(3) the space shuttle launches should be used to 
        fulfill the Nation's needs for manned access to space;
          ``(4) preeminence in space and aeronautics is key to 
        the national security and economic well being of the 
        United States;
          ``(5) United States space policy needs long-range 
        goals and direction in order to provide understanding 
        for near-term space projects and programs;
          ``(6) over the next five years the National 
        Aeronautics and Space Administration, hereafter 
        referred to as the `Administration', should pursue 
        leadership in science through an aggressive set of 
        major and moderate missions while maintaining a robust 
        series of cost effective missions that can provide 
        frequent flight opportunities to the scientific 
        community[;]
          ``(7) over the next five years the Administration 
        should prepare for the transition to the United States 
        International Space Station of those science and 
        technology programs that can be most efficiently and 
        effectively conducted on that facility;
          ``(8) the Administration should encourage the United 
        States private sector investment in space and, to the 
        maximum extent practicable provide frequent flight 
        opportunities for the development of technologies, 
        processes and products that benefit from the space 
        environment;
          ``(9) the Administration should enhance the existing 
        space transportation capability through a robust mixed 
        fleet of manned and unmanned vehicles in order to 
        increase the reliability, productivity, and efficiency 
        and reduce the cost of the Nation's access to space;
          ``(10) the United States faces an increasingly 
        successful foreign challenge to its traditional 
        preeminent position in aeronautics which is rapidly 
        reducing its lead in both civil and military aircraft;
          ``(11) NASA's personnel are an integral component and 
        resource for the Nation's space program, and an 
        innovative personnel system should be developed;
          ``(12) the establishment of a permanent presence in 
        space leading ultimately to space settlements is fully 
        consistent with the goals of the National Aeronautics 
        and Space Act of 1958 [see 51 U.S.C. 20101 et seq.];
          ``(13) the United States civil space activities 
        should contribute significantly to enhancing the 
        Nation's scientific and technological leadership, 
        economy, pride, and sense of well-being, as well as 
        United States world prestige and leadership;
          ``(14) civil sector activities should be comprised of 
        a balanced strategy of research, development, 
        operations, and technology for science, exploration, 
        and appropriate applications;
          ``(15) assured access to space, sufficient to achieve 
        all United States space goals, is an essential element 
        of United States space policy, and the United States 
        space transportation systems must provide a balanced, 
        robust, and flexible capability with sufficient 
        resiliency to allow continued operation despite 
        failures in any single system;
          ``(16) the goals of the United States space 
        transportation system are--
                  ``(A) to achieve and maintain safe and 
                reliable access to, transportation in, and 
                return from, space;
                  ``(B) to exploit the unique attributes of 
                manned and unmanned launch and recovery 
                systems;
                  ``(C) to encourage, to the maximum extent 
                feasible, the development and use of United 
                States private sector space transportation 
                capabilities; and
                  ``(D) to reduce the costs of space 
                transportation and related services;
          ``(17) recognizing that communications advancements 
        are critical to all United States space activities, the 
        Administration should continue research and development 
        efforts for future advances in space communications 
        technologies;
          ``(18) the goal of aeronautical research and 
        technology development and validation activities should 
        be to contribute to a national technology base that 
        will enhance United States preeminence in civil and 
        military aviation and improve the safety and efficiency 
        of the United States air transportation system; and
          ``(19) aeronautical research and technology 
        development and validation activities should--
                  ``(A) emphasize emerging technologies with 
                potential for breakthrough advances;
                  ``(B) consist of--
                          ``(i) fundamental research in all 
                        aeronautical disciplines, aimed at 
                        greater understanding of aeronautical 
                        phenomena and development of new 
                        aeronautical concepts; and
                          ``(ii) technology development and 
                        validation activities aimed at 
                        laboratory-scale development and proof-
                        of-concept demonstration of selected 
                        concepts with high payoff potential;
                  ``(C) assure maintenance of robust 
                aeronautical laboratories, including a first-
                rate technical staff and modern national 
                facilities for the conduct of research and 
                testing activities;
                  ``(D) be conducted with the close, active 
                participation of the United States aircraft 
                industry so as to accelerate the transfer of 
                research results to aviation products;
                  ``(E) include providing technical assistance 
                and facility support to other government 
                agencies and United States industry;
                  ``(F) include conducting joint projects with 
                other government agencies where such projects 
                contribute materially to the goals set forth in 
                this section;
                  ``(G) assure strong participation of United 
                States universities both in carrying out 
                aeronautical research and training future 
                aeronautical research personnel; and
                  ``(H) be conducted, where practical, so that 
                United States industry receives research 
                results before foreign competitors.''

Sec. 20103. Definitions

    In this chapter:
          (1) Aeronautical and space activities.--The term 
        ``aeronautical and space activities'' means--
                  (A) research into, and the solution of, 
                problems of flight within and outside the 
                Earth's atmosphere;
                  (B) the development, construction, testing, 
                and operation for research purposes of 
                aeronautical and space vehicles;
                  (C) the operation of a space transportation 
                system including the space shuttle, upper 
                stages, space platforms, and related equipment; 
                and
                  (D) such other activities as may be required 
                for the exploration of space.
          (2) Aeronautical and space vehicles.--The term 
        ``aeronautical and space vehicles'' means aircraft, 
        missiles, satellites, and other space vehicles, manned 
        and unmanned, together with related equipment, devices, 
        components, and parts.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3332.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20103................................  42 U.S.C. 2452.                    Pub. L. 85-568, title I, Sec.  103,
                                                                           July 29, 1958, 72 Stat. 427; Pub. L.
                                                                           98-52, title I, Sec.  108, July 15,
                                                                           1983, 97 Stat. 285.
----------------------------------------------------------------------------------------------------------------

    In paragraph (1)(A), the word ``Earth's'' is capitalized 
for consistency in title 51.

    Subchapter II--Coordination of Aeronautical and Space Activities

Sec. 20111. National Aeronautics and Space Administration

    (a) Establishment and Appointment of Administrator.--There 
is established the National Aeronautics and Space 
Administration. The Administration shall be headed by an 
Administrator, who shall be appointed from civilian life by the 
President by and with the advice and consent of the Senate. 
Under the supervision and direction of the President, the 
Administrator shall be responsible for the exercise of all 
powers and the discharge of all duties of the Administration 
and shall have authority and control over all personnel and 
activities thereof.
    (b) Deputy Administrator.--There shall be in the 
Administration a Deputy Administrator, who shall be appointed 
from civilian life by the President by and with the advice and 
consent of the Senate. The Deputy Administrator shall perform 
such duties and exercise such powers as the Administrator may 
prescribe. The Deputy Administrator shall act for, and exercise 
the powers of, the Administrator during the Administrator's 
absence or disability.
    (c) Restriction on Other Business or Employment.--The 
Administrator and the Deputy Administrator shall not engage in 
any other business, vocation, or employment while serving as 
such.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3332.)

                     Historical and Revision Notes

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

            AGENCY INFORMATION TECHNOLOGY AND CYBERSECURITY

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

``SEC. 811. INFORMATION TECHNOLOGY GOVERNANCE.

    ``(a) In General.--The Administrator [of the National 
Aeronautics and Space Administration] shall, in a manner that 
reflects the unique nature of NASA [National Aeronautics and 
Space Administration]'s mission and expertise--
          ``(1) ensure the NASA Chief Information Officer, 
        Mission Directorates, and Centers have appropriate 
        roles in the management, governance, and oversight 
        processes related to information technology operations 
        and investments and information security programs for 
        the protection of NASA systems;
          ``(2) ensure the NASA Chief Information Officer has 
        the appropriate resources and insight to oversee NASA 
        information technology and information security 
        operations and investments;
          ``(3) provide an information technology program 
        management framework to increase the efficiency and 
        effectiveness of information technology investments, 
        including relying on metrics for identifying and 
        reducing potential duplication, waste, and cost;
          ``(4) improve the operational linkage between the 
        NASA Chief Information Officer and each NASA mission 
        directorate, center, and mission support office to 
        ensure both agency and mission needs are considered in 
        agency-wide information technology and information 
        security management and oversight;
          ``(5) review the portfolio of information technology 
        investments and spending, including information 
        technology-related investments included as part of 
        activities within NASA mission directorates that may 
        not be considered information technology, to ensure 
        investments are recognized and reported appropriately 
        based on guidance from the Office of Management and 
        Budget;
          ``(6) consider appropriate revisions to the charters 
        of information technology boards and councils that 
        inform information technology investment and operation 
        decisions; and
          ``(7) consider whether the NASA Chief Information 
        Officer should have a seat on any boards or councils 
        described in paragraph (6).
    ``(b) GAO Study.--
          ``(1) Study.--The Comptroller General of the United 
        States shall conduct a study of the effectiveness of 
        the Administration's Information Technology Governance 
        in ensuring information technology resources are 
        aligned with agency missions and are cost effective and 
        secure.
          ``(2) Contents.--The study shall include an 
        assessment of--
                  ``(A) the resources available for overseeing 
                Administration-wide information technology 
                operations, investments, and security measures 
                and the NASA Chief Information Officer's 
                visibility and involvement into information 
                technology oversight and access to those 
                resources;
                  ``(B) the effectiveness and challenges of the 
                Administration's information technology 
                structure, decision making processes and 
                authorities, including impacts on its ability 
                to implement information security; and
                  ``(C) the impact of NASA Chief Information 
                Officer approval authority over information 
                technology investments that exceed a defined 
                monetary threshold, including any potential 
                impacts of such authority on the 
                Administration's missions, flights programs and 
                projects, research activities, and Center 
                operations.
          ``(3) Report.--Not later than 1 year after the date 
        of enactment of this Act [Mar. 21, 2017], the 
        Comptroller General shall submit to the appropriate 
        committees of Congress [Committee on Science, Space, 
        and Technology of the House of Representatives and 
        Committee on Commerce, Science, and Transportation of 
        the Senate] a report detailing the results of the study 
        under paragraph (1), including any recommendations.

``SEC. 812. INFORMATION TECHNOLOGY STRATEGIC PLAN.

    ``(a) In General.--Subject to subsection (b), the 
Administrator [of the National Aeronautics and Space 
Administration] shall develop an information technology 
strategic plan to guide NASA [National Aeronautics and Space 
Administration] information technology management and strategic 
objectives.
    ``(b) Requirements.--In developing the strategic plan, the 
Administrator shall ensure that the strategic plan addresses--
          ``(1) the deadline under section 306(a) of title 5, 
        United States Code; and
          ``(2) the requirements under section 3506 of title 
        44, United States Code.
    ``(c) Contents.--The strategic plan shall address, in a 
manner that reflects the unique nature of NASA's mission and 
expertise--
          ``(1) near and long-term goals and objectives for 
        leveraging information technology;
          ``(2) a plan for how NASA will submit to Congress of 
        [sic] a list of information technology projects, 
        including completion dates and risk level in accordance 
        with guidance from the Office of Management and Budget;
          ``(3) an implementation overview for an agency-wide 
        approach to information technology investments and 
        operations, including reducing barriers to cross-center 
        collaboration;
          ``(4) coordination by the NASA Chief Information 
        Officer with centers and mission directorates to ensure 
        that information technology policies are effectively 
        and efficiently implemented across the agency;
          ``(5) a plan to increase the efficiency and 
        effectiveness of information technology investments, 
        including a description of how unnecessarily 
        duplicative, wasteful, legacy, or outdated information 
        technology across NASA will be identified and 
        eliminated, and a schedule for the identification and 
        elimination of such information technology;
          ``(6) a plan for improving the information security 
        of agency information and agency information systems, 
        including improving security control assessments and 
        role-based security training of employees; and
          ``(7) submission by NASA to Congress of information 
        regarding high risk projects and cybersecurity risks.
    ``(d) Congressional Oversight.--The Administrator shall 
submit to the appropriate committees of Congress [Committee on 
Science, Space, and Technology of the House of Representatives 
and Committee on Commerce, Science, and Transportation of the 
Senate] the strategic plan under subsection (a) and any updates 
thereto.

``SEC. 813. CYBERSECURITY.

    ``(a) Finding.--Congress finds that the security of NASA 
[National Aeronautics and Space Administration] information and 
information systems is vital to the success of the mission of 
the agency.
    ``(b) Information Security Plan.--
          ``(1) In general.--Not later than 1 year after the 
        date of enactment of this Act [Mar. 21, 2017], the 
        Administrator [of the National Aeronautics and Space 
        Administration] shall implement the information 
        security plan developed under paragraph (2) and take 
        such further actions as the Administrator considers 
        necessary to improve the information security system in 
        accordance with this section.
          ``(2) Information security plan.--Subject to 
        paragraphs (3) and (4), the Administrator shall develop 
        an agency-wide information security plan to enhance 
        information security for NASA information and 
        information infrastructure.
          ``(3) Requirements.--In developing the plan under 
        paragraph (2), the Administrator shall ensure that the 
        plan--
                  ``(A) reflects the unique nature of NASA's 
                mission and expertise;
                  ``(B) is informed by policies, standards, 
                guidelines, and directives on information 
                security required for Federal agencies;
                  ``(C) is consistent with the standards and 
                guidelines under section 11331 of title 40, 
                United States Code; and
                  ``(D) meets applicable National Institute of 
                Standards and Technology information security 
                standards and guidelines.
          ``(4) Contents.--The plan shall address--
                  ``(A) an overview of the requirements of the 
                information security system;
                  ``(B) an agency-wide risk management 
                framework for information security;
                  ``(C) a description of the information 
                security system management controls and common 
                controls that are necessary to ensure 
                compliance with information security-related 
                requirements;
                  ``(D) an identification and assignment of 
                roles, responsibilities, and management 
                commitment for information security at the 
                agency;
                  ``(E) coordination among organizational 
                entities, including between each center, 
                facility, mission directorate, and mission 
                support office, and among agency entities 
                responsible for different aspects of 
                information security;
                ``(F) the need to protect the information 
                security of mission-critical systems and 
                activities and high-impact and moderate-impact 
                information systems; and
                  ``(G) a schedule of frequent reviews and 
                updates, as necessary, of the plan.''

                COLLABORATION AMONG MISSION DIRECTORATES

    Pub. L. 115-10, title VIII, 821, Mar. 21, 2017, 131 Stat. 
61, provided that:
    The Administrator [of the National Aeronautics and Space 
Administration] shall encourage an interdisciplinary approach 
among all NASA [National Aeronautics and Space Administration] 
mission directorates and divisions, whenever appropriate, for 
projects or missions--
          (1) to improve coordination, and encourage 
        collaboration and early planning on scope;
          (2) to determine areas of overlap or alignment;
          (3) to find ways to leverage across divisional 
        perspectives to maximize outcomes; and
          (4) to be more efficient with resources and funds.

                         USERS' ADVISORY GROUP

    Pub. L. 101-611, title I, Sec. 121, Nov. 16, 1990, 104 
Stat. 3204, provided that:
    ``(a) Establishment.--
          ``(1) The National Space Council shall establish a 
        Users' Advisory Group composed of non-Federal 
        representatives of industries and other persons 
        involved in aeronautical and space activities.
          ``(2) The Vice President shall name a chairman of the 
        Users' Advisory Group.
          ``(3) The National Space Council shall from time to 
        time, but not less than once a year, meet with the 
        Users' Advisory Group.
          ``(4) The function of the Users' Advisory Group shall 
        be to ensure that the interests of industries and other 
        non-Federal entities involved in space activities, 
        including in particular commercial entities, are 
        adequately represented in the National Space Council.
          ``(5) The Users' Advisory Group may be assisted by 
        personnel detailed to the National Space Council.
    ``(b) Exemption.--The Users' Advisory Group shall not be 
subject to section 14(a)(2) of the Federal Advisory Committee 
Act [5 U.S.C. App.].''

                         NATIONAL SPACE COUNCIL

    Pub. L. 101-328, Sec. 3(a), July 8, 1990, 104 Stat. 308, 
provided that: ``Not more than six individuals may be employed 
by the National Space Council without regard to any provision 
of law regulating the employment or compensation of persons in 
the Government service, at rates not to exceed the rate of pay 
for level VI of the Senior Executive Schedule as provided 
pursuant to section 5382 of title 5, United States Code.''
    Pub. L. 101-328, Sec. 4, July 8, 1990, 104 Stat. 308, 
provided that: ``The National Space Council may, for purposes 
of carrying out its functions, employ experts and consultants 
in accordance with section 3109 of title 5, United States Code, 
and may compensate individuals so employed for each day they 
are involved in a business of the National Space Council 
(including travel time) at rates not in excess of the daily 
equivalent of the maximum rate of pay for grade GS-18 as 
provided pursuant to section 5332 of title 5, United States 
Code.''
    [References in laws to the rates of pay for GS-16, 17, or 
18, or to maximum rates of pay under the General Schedule, to 
be considered references to rates payable under specified 
sections of Title 5, Government Organization and Employees, see 
section 529 [title I, 101(c)(1)] of Pub. L. Sec. 101-509, set 
out in a note under section 5376 of Title 5.]
    Pub. L. 100-685, title V, Sec. 501, Nov. 17, 1988, 102 
Stat. 4102, provided that:
    ``(a) Effective February 1, 1989, there is established in 
the Executive Office of the President the National Space 
Council, which shall be chaired by the Vice President.
    ``(b) By March 1, 1989, the President shall submit to the 
Congress a report that outlines the composition and functions 
of the National Space Council.
    ``(c) The Council may employ a staff of not more than seven 
persons, which is to be headed by a civilian executive 
secretary, who shall be appointed by the President.''

EX. ORD. NO. 10849. ESTABLISHMENT OF SEAL FOR NATIONAL AERONAUTICS AND 
                          SPACE ADMINISTRATION

    Ex. Ord. No. 10849, Nov. 27, 1959, 24 F.R. 9559, as amended 
by Ex. Ord. No. 10942, May 19, 1961, 26 F.R. 4419, provided:
    WHEREAS the Administrator of the National Aeronautics and 
Space Administration has caused to be made, and has recommended 
that I approve, a seal for the National Aeronautics and Space 
Administration, the design of which accompanies and is hereby 
made a part of this order, and which is described as follows:
    On a disc of the blue sky strewn with white stars, to 
dexter a larger yellow sphere bearing a red flight symbol apex 
in upper sinister and wings enveloping and casting a brown 
shadow upon the sphere, all partially encircled with a 
horizontal white orbit, in sinister a small light-blue sphere; 
circumscribing the disc a white band edged gold inscribed 
``National Aeronautics and Space Administration U.S.A.'' in red 
letters.
    AND WHEREAS it appears that such seal is of suitable design 
and appropriate for establishment as the official seal of the 
National Aeronautics and Space Administration:
    NOW, THEREFORE, by virtue of the authority vested in me as 
President of the United States, I hereby approve such seal as 
the official seal of the National Aeronautics and Space 
Administration.

                           EX. ORD. NO. 12675

    Ex. Ord. No. 12675, Apr. 20, 1989, 54 F.R. 17691, as 
amended by Ex. Ord. No. 12712, Apr. 26, 1990, 55 F.R. 18095; 
Ex. Ord. No. 12869, Sec. 4(F), Sept. 30, 1993, 58 F.R. 51752, 
which established the National Space Council, was superseded by 
Ex. Ord. No. 13803, Sec. 9(a), June 30, 2017, 82 F.R. 31431, 
set out below.

        EX. ORD. NO. 13803. REVIVING THE NATIONAL SPACE COUNCIL

    Ex. Ord. No. 13803, June 30, 2017, 82 F.R. 31429, provided:
    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, and 
in order to provide a coordinated process for developing and 
monitoring the implementation of national space policy and 
strategy, it is hereby ordered as follows:
    SECTION 1. Purpose. The National Space Council (Council) 
was established by Title V of Public Law 100-685 and Executive 
Order 12675 of April 20, 1989 (Establishing the National Space 
Council). The Council was tasked with advising and assisting 
the President regarding national space policy and strategy. The 
Council was never formally disestablished, but it effectively 
ceased operation in 1993. This order revives the Council and 
provides additional details regarding its duties and 
responsibilities.
    SEC. 2. Revival and Composition of the National Space 
Council. (a) The Council is hereby revived and shall resume 
operations.
    (b) The Council shall be composed of the following members:
    (i) The Vice President, who shall be Chair of the Council;
    (ii) The Secretary of State;
    (iii) The Secretary of Defense;
    (iv) The Secretary of Commerce;
    (v) The Secretary of Transportation;
    (vi) The Secretary of Homeland Security;
    (vii) The Director of National Intelligence;
    (viii) The Director of the Office of Management and Budget;
    (ix) The Assistant to the President for National Security 
Affairs;
    (x) The Administrator of the National Aeronautics and Space 
Administration;
    (xi) The Director of the Office of Science and Technology 
Policy;
    (xii) The Assistant to the President for Homeland Security 
and Counterterrorism;
    (xiii) The Chairman of the Joint Chiefs of Staff; and
    (xiv) The heads of other executive departments and agencies 
(agencies) and other senior officials within the Executive 
Office of the President, as determined by the Chair.
    SEC. 3. Functions of the Council.
    (a) The Council shall advise and assist the President 
regarding national space policy and strategy, and perform such 
other duties as the President may, from time to time, 
prescribe.
    (b) In particular, the Council is directed to:
    (i) review United States Government space policy, including 
long-range goals, and develop a strategy for national space 
activities;
    (ii) develop recommendations for the President on space 
policy and space-related issues;
    (iii) monitor and coordinate implementation of the 
objectives of the President's national space policy and 
strategy;
    (iv) foster close coordination, cooperation, and technology 
and information exchange among the civil, national security, 
and commercial space sectors;
    (v) advise on participation in international space 
activities conducted by the United States Government; and
    (vi) facilitate the resolution of differences concerning 
major space and space-related policy matters.
      (c) The Council shall meet at least annually.
      (d) The revival and operation of the Council shall not 
interfere with the existing lines of authority in or 
responsibilities of any agencies.
      (e) The Council shall have a staff, headed by a civilian 
Executive Secretary appointed by the President.
    SEC. 4. Responsibilities of the Chair.
    (a) The Chair shall serve as the President's principal 
advisor on national space policy and strategy.
    (b) The Chair shall, in consultation with the members of 
the Council, establish procedures for the Council and establish 
the agenda for Council activities.
    (c) The Chair shall report to the President quarterly on 
the Council's activities and recommendations. The Chair shall 
advise the Council, as appropriate, regarding the President's 
directions with respect to the Council's activities and 
national space policy and strategy.
    (d) The Chair may recommend to the President candidates for 
the position of Executive Secretary.
    (e) The Chair, or upon the Chair's direction, the Executive 
Secretary, may invite the heads of other agencies, other senior 
officials in the Executive Office of the President, or other 
Federal employees to participate in Council meetings.
    (f) The Chair shall authorize the establishment of 
committees of the Council, including an executive committee, 
and of working groups, composed of senior designees of the 
Council members and of other Federal officials invited to 
participate in Council meetings, as he deems necessary or 
appropriate for the efficient conduct of Council functions.
    SEC. 5. National Space Policy and Strategy Planning 
Process.
    (a) Each agency represented on the Council shall provide 
such information to the Chair regarding its current and planned 
space activities as the Chair shall request.
    (b) The head of each agency that conducts space-related 
activities shall, to the extent permitted by law, conform such 
activities to the President's national space policy and 
strategy.
    (c) On space policy and strategy matters relating primarily 
to national security, the Council shall coordinate with the 
National Security Council (NSC) to create policies and 
procedures for the Council that respect the responsibilities 
and authorities of the NSC under existing law.
    SEC. 6. Users' Advisory Group.
    (a) The Council shall convene a Users' Advisory Group 
(Group) pursuant to Public Law 101-611, section 121, composed 
of non-Federal representatives of industries and other persons 
involved in aeronautical and space activities.
    (b) Members of the Group shall serve without any 
compensation for their work for the Group. Members of the 
Group, while engaged in the work of the Group, may be allowed 
travel expenses, including per diem in lieu of subsistence, to 
the extent permitted by law for persons serving intermittently 
in Government service (5 U.S.C. 5701-5707), consistent with the 
availability of funds.
    (c) The Group shall report directly to the Council and 
shall provide advice or work product solely to the Council.
    SEC. 7. Administrative Provisions.
    (a) To aid in the performance of the functions of the 
Council:
    (i) The Office of Administration in the Executive Office of 
the President shall provide the Council with administrative 
support on a reimbursable basis; and
    (ii) Legal advice to the Council itself with respect to its 
work and functions shall be provided exclusively by the Office 
of the Counsel to the President.
    (b) To the extent practicable and permitted by law, 
including the Economy Act, and within existing appropriations, 
agencies serving on the Council and interagency councils and 
committees that affect space policy or strategy shall make 
resources, including, but not limited to, personnel, office 
support, and printing, available to the Council as reasonably 
requested by the Chair or, upon the Chair's direction, the 
Executive Secretary.
    (c) Agencies shall cooperate with the Council and provide 
such information and advice to the Council as it may reasonably 
request, to the extent permitted by law.
    SEC. 8. Report. Within 1 year of the date of this order, 
and annually thereafter, the Council shall submit a report to 
the President setting forth its assessment of, and 
recommendations for, the space policy and strategy of the 
United States Government.
    SEC. 9. General Provisions.
    (a) This order supersedes Executive Order 12675 of April 
20, 1989 (Establishing the National Space Council). To the 
extent this order is inconsistent with any provision of any 
earlier Executive Order or Presidential Memorandum, this order 
shall control.
    (b) If any provision of this order or the application of 
such provision is held to be invalid, the remainder of this 
order and other dissimilar applications of such provision shall 
not be affected.
    (c) This order is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at law 
or in equity by any party against the United States, its 
departments, agencies, or entities, its officers, employees, or 
agents, or any other person.
    (d) Nothing in this order shall be construed to impair or 
otherwise affect:
    (i) the authority granted by law to an executive department 
or agency, or the head thereof; or
    (ii) the functions of the Director of the Office of 
Management and Budget relating to budgetary, administrative, or 
legislative proposals.
    (e) This order shall be implemented consistent with 
applicable law and subject to the availability of 
appropriations.

                                                   Donald J. Trump.

Sec. 20112. Functions of the Administration

    (a) Planning, Directing, and Conducting Aeronautical and 
Space Activities.--The Administration, in order to carry out 
the purpose of this chapter, shall--
          (1) plan, direct, and conduct aeronautical and space 
        activities;
          (2) arrange for participation by the scientific 
        community in planning scientific measurements and 
        observations to be made through use of aeronautical and 
        space vehicles, and conduct or arrange for the conduct 
        of such measurements and observations;
          (3) provide for the widest practicable and 
        appropriate dissemination of information concerning its 
        activities and the results thereof;
          (4) seek and encourage, to the maximum extent 
        possible, the fullest commercial use of space; and
          (5) encourage and provide for Federal Government use 
        of commercially provided space services and hardware, 
        consistent with the requirements of the Federal 
        Government.
    (b) Research and Development in Certain Technologies.--
          (1) Ground propulsion technologies.--The 
        Administration shall, to the extent of appropriated 
        funds, initiate, support, and carry out such research, 
        development, demonstration, and other related 
        activities in ground propulsion technologies as are 
        provided for in sections 4 to 10 of the Electric and 
        Hybrid Vehicle Research, Development, and Demonstration 
        Act of 1976 (15 U.S.C. 2503 to 2509).
          (2) Solar Heating and Cooling Technologies.--The 
        Administration shall initiate, support, and carry out 
        such research, development, demonstrations, and other 
        related activities in solar heating and cooling 
        technologies (to the extent that funds are appropriated 
        therefor) as are provided for in sections 5, 6, and 9 
        of the Solar Heating and Cooling Demonstration Act of 
        1974 (42 U.S.C. 5503, 5504, 5507).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3333.)

                     Historical and Revision Notes

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

Sec. 20113. Powers of the Administration in performance of functions

    (a) Rules and Regulations.--In the performance of its 
functions, the Administration is authorized to make, 
promulgate, issue, rescind, and amend rules and regulations 
governing the manner of its operations and the exercise of the 
powers vested in it by law.
    (b) Officers and Employees.--In the performance of its 
functions, the Administration is authorized to appoint and fix 
the compensation of officers and employees as may be necessary 
to carry out such functions. The officers and employees shall 
be appointed in accordance with the civil service laws and 
their compensation fixed in accordance with chapter 51 and 
subchapter III of chapter 53 of title 5, except that--
          (1) to the extent the Administrator deems such action 
        necessary to the discharge of the Administrator's 
        responsibilities, the Administrator may appoint not 
        more than 425 of the scientific, engineering, and 
        administrative personnel of the Administration without 
        regard to such laws, and may fix the compensation of 
        such personnel not in excess of the rate of basic pay 
        payable for level III of the Executive Schedule; and
          (2) to the extent the Administrator deems such action 
        necessary to recruit specially qualified scientific and 
        engineering talent, the Administrator may establish the 
        entrance grade for scientific and engineering personnel 
        without previous service in the Federal Government at a 
        level up to 2 grades higher than the grade provided for 
        such personnel under the General Schedule, and fix 
        their compensation accordingly.
    (c) Property.--In the performance of its functions, the 
Administration is authorized--
          (1) to acquire (by purchase, lease, condemnation, or 
        otherwise), construct, improve, repair, operate, and 
        maintain laboratories, research and testing sites and 
        facilities, aeronautical and space vehicles, quarters 
        and related accommodations for employees and dependents 
        of employees of the Administration, and such other real 
        and personal property (including patents), or any 
        interest therein, as the Administration deems necessary 
        within and outside the continental United States;
          (2) to acquire by lease or otherwise, through the 
        Administrator of General Services, buildings or parts 
        of buildings in the District of Columbia for the use of 
        the Administration for a period not to exceed 10 years 
        without regard to section 8141 of title 40;
          (3) to lease to others such real and personal 
        property;
          (4) to sell and otherwise dispose of real and 
        personal property (including patents and rights 
        thereunder) in accordance with the provisions of 
        chapters 1 to 11 of title 40 and in accordance with 
        title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 251 et seq.); and
          (5) to provide by contract or otherwise for 
        cafeterias and other necessary facilities for the 
        welfare of employees of the Administration at its 
        installations and purchase and maintain equipment 
        therefor.
    (d) Gifts.--In the performance of its functions, the 
Administration is authorized to accept unconditional gifts or 
donations of services, money, or property, real, personal, or 
mixed, tangible or intangible.
    (e) Contracts, Leases, and Agreements.--In the performance 
of its functions, the Administration is authorized, without 
regard to subsections (a) and (b) of section 3324 of title 31, 
to enter into and perform such contracts, leases, cooperative 
agreements, or other transactions as may be necessary in the 
conduct of its work and on such terms as it may deem 
appropriate, with any agency or instrumentality of the United 
States, or with any State, territory, or possession, or with 
any political subdivision thereof, or with any person, firm, 
association, corporation, or educational institution. To the 
maximum extent practicable and consistent with the 
accomplishment of the purpose of this chapter, such contracts, 
leases, agreements, and other transactions shall be allocated 
by the Administrator in a manner which will enable small-
business concerns to participate equitably and proportionately 
in the conduct of the work of the Administration.
    (f) Cooperation With Federal Agencies and Others.--In the 
performance of its functions, the Administration is authorized 
to use, with their consent, the services, equipment, personnel, 
and facilities of Federal and other agencies with or without 
reimbursement, and on a similar basis to cooperate with other 
public and private agencies and instrumentalities in the use of 
services, equipment, and facilities. Each department and agency 
of the Federal Government shall cooperate fully with the 
Administration in making its services, equipment, personnel, 
and facilities available to the Administration, and any such 
department or agency is authorized, notwithstanding any other 
provision of law, to transfer to or to receive from the 
Administration, without reimbursement, aeronautical and space 
vehicles, and supplies and equipment other than administrative 
supplies or equipment.
    (g) Advisory Committees.--In the performance of its 
functions, the Administration is authorized to appoint such 
advisory committees as may be appropriate for purposes of 
consultation and advice to the Administration.
    (h) Offices and Procedures.--In the performance of its 
functions, the Administration is authorized to establish within 
the Administration such offices and procedures as may be 
appropriate to provide for the greatest possible coordination 
of its activities under this chapter with related scientific 
and other activities being carried on by other public and 
private agencies and organizations.
    (i) Temporary or Intermittent Services of Experts or 
Consultants.--In the performance of its functions, the 
Administration is authorized to obtain services as provided by 
section 3109 of title 5, but at rates for individuals not to 
exceed the per diem rate equivalent to the maximum rate payable 
under section 5376 of title 5.
    (j) Aliens.--In the performance of its functions, the 
Administration is authorized, when determined by the 
Administrator to be necessary, and subject to such security 
investigations as the Administrator may determine to be 
appropriate, to employ aliens without regard to statutory 
provisions prohibiting payment of compensation to aliens.
    (k) Concessions for Visitors' Facilities.--
          (1) In general.--In the performance of its functions, 
        the Administration is authorized to provide by 
        concession, without regard to section 1302 of title 40, 
        on such terms as the Administrator may deem to be 
        appropriate and necessary to protect the concessioner 
        against loss of the concessioner's investment in 
        property (but not anticipated profits) resulting from 
        the Administration's discretionary acts and decisions, 
        for the construction, maintenance, and operation of all 
        manner of facilities and equipment for visitors to the 
        several installations of the Administration and, in 
        connection therewith, to provide services incident to 
        the dissemination of information concerning its 
        activities to such visitors, without charge or with a 
        reasonable charge therefor (with this authority being 
        in addition to any other authority that the 
        Administration may have to provide facilities, 
        equipment, and services for visitors to its 
        installations).
          (2) Public notice and due consideration of 
        proposals.--A concession agreement under this 
        subsection may be negotiated with any qualified 
        proposer following due consideration of all proposals 
        received after reasonable public notice of the 
        intention to contract.
          (3) Reasonable opportunity for profit.--The 
        concessioner shall be afforded a reasonable opportunity 
        to make a profit commensurate with the capital invested 
        and the obligations assumed. The consideration paid by 
        the concessioner for the concession shall be based on 
        the probable value of the opportunity and not on 
        maximizing revenue to the United States.
          (4) Records and access to records.--Each concession 
        agreement shall specify the manner in which the 
        concessioner's records are to be maintained, and shall 
        provide for access to the records by the Administration 
        and the Comptroller General of the United States for a 
        period of 5 years after the close of the business year 
        to which the records relate.
          (5) Possessory interests.--A concessioner may be 
        accorded a possessory interest, consisting of all 
        incidents of ownership except legal title (which shall 
        vest in the United States), in any structure, fixture, 
        or improvement the concessioner constructs or locates 
        upon land owned by the United States. With the approval 
        of the Administration, such possessory interest may be 
        assigned, transferred, encumbered, or relinquished by 
        the concessioner, and, unless otherwise provided by 
        contract, shall not be extinguished by the expiration 
        or other termination of the concession and may not be 
        taken for public use without just compensation.
    (l) Detailing Members of Armed Services.--In the 
performance of its functions, the Administration is authorized, 
with the approval of the President, to enter into cooperative 
agreements under which members of the Army, Navy, Air Force, 
and Marine Corps may be detailed by the appropriate Secretary 
for services in the performance of functions under this chapter 
to the same extent as that to which they might be lawfully 
assigned in the Department of Defense.
    (m) Claims Against the United States.--In the performance 
of its functions, the Administration is authorized--
          (1) to consider, ascertain, adjust, determine, 
        settle, and pay, on behalf of the United States, in 
        full satisfaction thereof, any claim for $25,000 or 
        less against the United States for bodily injury, 
        death, or damage to or loss of real or personal 
        property resulting from the conduct of the 
        Administration's functions as specified in section 
        20112(a) of this title, where such claim is presented 
        to the Administration in writing within 2 years after 
        the accident or incident out of which the claim arises; 
        and
          (2) if the Administration considers that a claim in 
        excess of $25,000 is meritorious and would otherwise be 
        covered by this subsection, to report the facts and 
        circumstances to Congress for its consideration.
    (n) Identification of Government Astronauts.--For purposes 
of a license issued or transferred by the Secretary of 
Transportation under chapter 509 to launch a launch vehicle or 
to reenter a reentry vehicle carrying a government astronaut 
(as defined in section 50902), the Administration shall 
designate a government astronaut in accordance with 
requirements prescribed by the Administration.

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

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20113................................  42 U.S.C. 2473(c).                 Pub. L. 850-568, title II, Sec.
                                                                           203(c), formerly Sec.  203(b), July
                                                                           29, 1958, 72 Stat. 429; Pub. L. 86-
                                                                           20, May 13, 1959, 73 Stat. 21; Pub.
                                                                           L. 86-481, Sec.  5, June 1, 1960, 74
                                                                           Stat. 153; Pub. L. 87-367, title II,
                                                                           Sec.  206(a), Oct. 4, 1961, 75 Stat.
                                                                           791; Pub. L. 87-584, Sec.  6, Aug.
                                                                           14, 1962, 76 Stat. 384; Pub. L. 87-
                                                                           793, Sec.  1001(f), Oct. 11, 1962, 76
                                                                           Stat. 864; Pub. L. 88-426, title III,
                                                                           Sec.  306(d), Aug. 14, 1964, 78 Stat.
                                                                           429; Pub. L. 88-448, title IV, Sec.
                                                                           402(a)(34), Aug. 10, 1964, 78 Stat.
                                                                           495; Pub. L. 91-646, title II, Sec.
                                                                           220(a)(2), Jan. 2, 1971, 84 Stat.
                                                                           1903; Pub. L. 93-74, Sec.  6, July
                                                                           23, 1973, 87 Stat. 174; Pub. L. 93-
                                                                           316, Sec.  6, June 22, 1974, 88 Stat.
                                                                           243; renumbered Sec.  203(c), Pub. L.
                                                                           93-409, Sec.  4, Sept. 3, 1974, 88
                                                                           Stat. 1070; Pub. L. 96-48, Sec.
                                                                           6(a), Aug. 8, 1979, 93 Sat. 348; Pub.
                                                                           L. 108-201, Sec.  2(a), Feb. 24 2004,
                                                                           118 Stat. 461.
----------------------------------------------------------------------------------------------------------------

    In subsection (b), in the matter before paragraph (1), the 
words ``chapter 51 and subchapter III of chapter 53 of title 
5'' are substituted for ``the Classification Act of 1949, as 
amended'' on authority of section 7(b) of Public Law 89-554 (80 
Stat. 631), the first section of which enacted Title 5, 
Government Organization and Employees.
    In subsection (c)(2), the words ``section 8141 of title 
40'' are substituted for ``the Act of March 3, 1877 (40 U.S.C. 
34)'' on authority of section 5(c) of Public Law 107-217 (116 
Stat. 1303), the first section of which enacted Title 40, 
Public Buildings, Property, and Works.
    In subsection (c)(4), the words ``in accordance with the 
provisions of chapters 1 to 11 of title 40 and in accordance 
with title III of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251 et seq.)'' are substituted 
for ``in accordance with the provisions of the Federal Property 
and Administrative Services Act of 1949, as amended (40 U.S.C. 
471 et seq.)'' on authority of section 5(c) of Public Law 107-
217 (116 Stat. 1303), the first section of which enacted Title 
40, Public Buildings, Property, and Works.
    In subsection (e), the words ``subsections (a) and (b) of 
section 3324 of title 31'' are substituted for ``section 3648 
of the Revised Statutes, as amended (31 U.S.C. 529)'' on 
authority of section 4(b) of Public Law 97-258 (96 Stat. 1067), 
the first section of which enacted Title 31, Money and Finance.
    In subsection (i), the words ``maximum rate payable under 
section 5376 of title 5'' are substituted for ``rate for GS-
18'' because of section 101(c) of the Federal Employees Pay 
Comparability Act of 1990 (enacted by Sec. 529 of Public Law 
101-509, 5 U.S.C. 5376 note).
    In subsection (k)(1), the words ``section 1302 of title 
40'' are substituted for ``section 321 of the Act of June 30, 
1932 (47 Stat. 412; 40 U.S.C. 303b)'' on authority of section 
5(c) of Public Law 107-217 (116 Stat. 1303), the first section 
of which enacted Title 40, Public Buildings, Property, and 
Works.

                           REFERENCES IN TEXT

    Level III of the Executive Schedule, referred to in subsec. 
(b)(1), is set out in section 5314 of Title 5, Government 
Organization and Employees.
    The Federal Property and Administrative Services Act of 
1949, referred to in subsec. (c)(4), is act June 30, 1949, ch. 
288, 63 Stat. 377. Title III of the Act was classified 
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of 
former Title 41, Public Contracts, and was substantially 
repealed and restated in division C (Sec. 3101 et seq.) of 
subtitle I of Title 41, Public Contracts, by Pub. L. 111-350, 
Sec. Sec. 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For 
complete classification of this Act to the Code, see Short 
Title of 1949 Act note set out under section 101 of Title 41 
and Tables. For disposition of sections of former Title 41, see 
Disposition Table preceding section 101 of Title 41.

                               AMENDMENTS

    2017--Subsec. (g). Pub. L. 115-10, Sec. 835(d)(2), struck 
out ``and Congress'' after ``advice to the Administration''.
    Pub. L. 115-10, 835(d)(1), inserted ``and Congress'' after 
``advice to the Administration''. 2015--Subsec. (n). Pub. L. 
114-90 added subsec. (n).

                    EFFECTIVE DATE OF 2017 AMENDMENT

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

                             COLLABORATION

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

                          SPACE ACT AGREEMENTS

    Pub. L. 115-10, title VIII, Sec. 841, Mar. 21, 2017, 131 
Stat. 72, provided that:
    ``(a) Sense of Congress.--It is the sense of Congress that, 
when used appropriately, Space Act Agreements can provide 
significant value in furtherance of NASA [National Aeronautics 
and Space Administration]'s mission.
    ``(b) Funded Space Act Agreements.--To the extent 
appropriate, the Administrator [of the National Aeronautics and 
Space Administration] shall seek to maximize the value of 
contributions provided by other parties under a funded Space 
Act Agreement in order to advance NASA's mission.
    ``(c) Non-Exclusivity.--
          ``(1) In general.--The Administrator shall, to the 
        greatest extent practicable, issue each Space Act 
        Agreement--
                  ``(A) except as provided in paragraph (2), on 
                a nonexclusive basis;
                  ``(B) in a manner that ensures all non-
                government parties have equal access to NASA 
                resources; and
                  ``(C) exercising reasonable care not to 
                reveal unique or proprietary information.
          ``(2) Exclusivity.--If the Administrator determines 
        an exclusive arrangement is necessary, the 
        Administrator shall, to the greatest extent 
        practicable, issue the Space Act Agreement--
                  ``(A) utilizing a competitive selection 
                process when exclusive arrangements are 
                necessary; and
                  ``(B) pursuant to public announcements when 
                exclusive arrangements are necessary.
    ``(d) Transparency.--The Administrator shall publicly 
disclose on the Administration's website and make available in 
a searchable format each Space Act Agreement, including an 
estimate of committed NASA resources and the expected benefits 
to agency objectives for each agreement, with appropriate 
redactions for proprietary, sensitive, or classified 
information, not later than 60 days after such agreement is 
signed by the parties.
    ``(e) Annual Reports.--
          ``(1) Requirement.--Not later than 90 days after the 
        end of each fiscal year, the Administrator shall submit 
        to the appropriate committees of Congress [Committee on 
        Science, Space, and Technology of the House of 
        Representatives and Committee on Commerce, Science, and 
        Transportation of the Senate] a report on the use of 
        Space Act Agreement authority by the Administration 
        during the previous fiscal year.
          ``(2) Contents.--The report shall include for each 
        Space Act Agreement in effect at the time of the 
        report--
                  ``(A) an indication of whether the agreement 
                is a reimbursable, non-reimbursable, or funded 
                Space Act Agreement;
                  ``(B) a description of--
                          ``(i) the subject and terms;
                          ``(ii) the parties;
                          ``(iii) the responsible--
                                  ``(I) Mission Directorate;
                                  ``(II) Center; or
                                  ``(III) headquarters element;
                          ``(iv) the value;
                          ``(v) the extent of the cost sharing 
                        among Federal Government and non-
                        Federal sources;
                          ``(vi) the time period or schedule; 
                        and
                          ``(vii) all milestones; and
                  ``(C) an indication of whether the agreement 
                was renewed during the previous fiscal year.
          ``(3) Anticipated agreements.--The report shall 
        include a list of all anticipated reimbursable, non-
        reimbursable, and funded Space Act Agreements for the 
        upcoming fiscal year.
          ``(4) Cumulative program benefits.--The report shall 
        include, with respect to each Space Act Agreement 
        covered by the report, a summary of--
                  ``(A) the technology areas in which research 
                projects were conducted under that agreement;
                  ``(B) the extent to which the use of that 
                agreement--
                          ``(i) has contributed to a broadening 
                        of the technology and industrial base 
                        available for meeting Administration 
                        needs; and
                          ``(ii) has fostered within the 
                        technology and industrial base new 
                        relationships and practices that 
                        support the United States; and
          ``(C) the total amount of value received by the 
        Federal Government during the fiscal year under that 
        agreement.''

                           SENSE OF CONGRESS

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

            PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS

    Pub. L. 106-391, title III, Sec. 319, Oct. 30, 2000, 114 
Stat. 1597, provided that:
    ``(a) Purchase of American-Made Equipment and Products.--In 
the case of any equipment or products that may be authorized to 
be purchased with financial assistance provided under this Act 
[see Tables for classification], it is the sense of the 
Congress that entities receiving such assistance should, in 
expending the assistance, purchase only American-made equipment 
and products.
    ``(b) Notice to Recipients of Assistance.--In providing 
financial assistance under this Act, the Administrator [of the 
National Aeronautics and Space Administration] shall provide to 
each recipient of the assistance a notice describing the 
statement made in subsection (a) by the Congress.''

            ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS

    Pub. L. 106-391, title III, Sec. 321, Oct. 30, 2000, 114 
Stat. 1597, provided that:
    ``(a) Definitions.--In this section:
          ``(1) Educationally useful federal equipment.--The 
        term `educationally useful Federal equipment' means 
        computers and related peripheral tools and research 
        equipment that is appropriate for use in schools.
          ``(2) School.--The term `school' means a public or 
        private educational institution that serves any of the 
        grades of kindergarten through grade 12.
    ``(b) Sense of the Congress.--
          ``(1) In general.--It is the sense of the Congress 
        that the Administrator [of the National Aeronautics and 
        Space Administration] should, to the greatest extent 
        practicable and in a manner consistent with applicable 
        Federal law (including Executive Order No. 12999 [40 
        U.S.C. 549 note]), donate educationally useful Federal 
        equipment to schools in order to enhance the science 
        and mathematics programs of those schools.
          ``(2) Reports.--Not later than 1 year after the date 
        of the enactment of this Act [Oct. 30, 2000], and 
        annually thereafter, the Administrator shall prepare 
        and submit to Congress a report describing any 
        donations of educationally useful Federal equipment to 
        schools made during the period covered by the report.''

Sec. 20114. Administration and Department of Defense coordination

    (a) Advise and Consult.--The Administration and the 
Department of Defense, through the President, shall advise and 
consult with each other on all matters within their respective 
jurisdictions related to aeronautical and space activities and 
shall keep each other fully and currently informed with respect 
to such activities.
    (b) Referral to the President.--If the Secretary of Defense 
concludes that any request, action, proposed action, or failure 
to act on the part of the Administrator is adverse to the 
responsibilities of the Department of Defense, or the 
Administrator concludes that any request, action, proposed 
action, or failure to act on the part of the Department of 
Defense is adverse to the responsibilities of the 
Administration, and the Administrator and the Secretary of 
Defense are unable to reach an agreement with respect to the 
matter, either the Administrator or the Secretary of Defense 
may refer the matter to the President for a decision (which 
shall be final).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3336.)

                     Historical and Revision Notes

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

    In subsection (a), the words ``through the President'' are 
substituted for ``through the Liaison Committee'' because the 
Civilian-Military Liaison Committee, which was established by 
section 204(a) of the National Aeronautics and Space Act of 
1958 (42 U.S.C. 2474(a)), was abolished and its functions, 
together with the functions of its chairman and other officers, 
were transferred to the President by sections 1(e) and 3(a) of 
Reorganization Plan No. 4 of 1965 (5 App. U.S.C.).
    In subsection (b), the words ``as provided in section 
201(e)'', which appeared at the end of the subsection, are 
omitted as obsolete. Section 201 of Public Law 85-568, which 
was classified to former section 2471 of title 42 (last 
appearing in the 1970 edition of the United States Code), 
established the National Aeronautics and Space Council, with 
the functions of the Council specified in section 201(e). Those 
functions included advising the President ``as he may request'' 
with respect to promoting cooperation and resolving differences 
among agencies of the United States engaged in aeronautical and 
space activities. The words are obsolete because section 
3(a)(4) of Reorganization Plan No. 1 of 1973 (5 App. U.S.C.), 
abolished the National Aeronautics and Space Council, including 
the office of Executive Secretary of the Council, together with 
its functions.

Sec. 20115. International cooperation

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

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3337.)

                     Historical and Revision Notes

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

                        DELEGATION OF AUTHORITY

    Memorandum of President of the United States, Oct. 10, 
1995, 60 F.R. 53251, provided:
    Memorandum for the Administrator of the National and 
Aeronautics and Space Administration
    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, and 
in order to facilitate the efficient operations of the 
aeronautical and space programs of the National Aeronautics and 
Space Administration (NASA), it is hereby ordered as follows:
    The authority conferred upon the President by the 
Constitution and the laws of the United States of America to 
executive mutual waivers of claims of liability on behalf of 
the United States for damages arising out of cooperative 
activities is hereby delegated to the Administrator of NASA for 
agreements with foreign governments and their agents regarding 
aeronautical, science, and space activities that are executed 
pursuant to the authority granted NASA by the National 
Aeronautics and Space Act of 1958, Public Law 85-568, as 
amended [see 51 U.S.C. 20101 et seq.]. All such agreements 
shall be subject to coordination with and the concurrence of 
the Department of State to the extent provided by applicable 
law, regulations, and procedures. All such waivers of liability 
entered into prior to the date of this memorandum are hereby 
ratified.
    You are authorized and directed to publish this memorandum 
in the Federal Register.

                                                William J. Clinton.

Sec. 20116. Reports to Congress

    (a) Presidential Report.--The President shall transmit to 
Congress in May of each year a report, which shall include--
          (1) a comprehensive description of the programmed 
        activities and the accomplishments of all agencies of 
        the United States in the field of aeronautics and space 
        activities during the preceding fiscal year; and
          (2) an evaluation of such activities and 
        accomplishments in terms of the attainment of, or the 
        failure to attain, the objectives described in section 
        20102(d) of this title.
    (b) Recommendations for Additional Legislation.--Any report 
made under this section shall contain such recommendations for 
additional legislation as the Administrator or the President 
may consider necessary or desirable for the attainment of the 
objectives described in section 20102(d) of this title.
    (c) Classified Information.--No information that has been 
classified for reasons of national security shall be included 
in any report made under this section, unless the information 
has been declassified by, or pursuant to authorization given 
by, the President.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3337.)

                     Historical and Revision Notes

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

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

               DELEGATION OF CERTAIN REPORTING AUTHORITY

    Memorandum of President of the United States, Mar. 5, 2004, 
69 F.R. 11489, provided:
    Memorandum for the Administrator of the National 
Aeronautics and Space Administration
    By the authority vested in me as President by the 
Constitution and the laws of the United States, including 
section 301 of title 3, United States Code, I hereby delegate 
to you the functions conferred upon the President by section 
206 of the National Aeronautics and Space Act of 1958, as 
amended ([former] 42 U.S.C. 2476) [now 51 U.S.C. 20116], to 
provide the specified report to the Congress. Nothing in this 
delegation shall be construed to impair or otherwise affect the 
authority of the Director of the Office of Management and 
Budget with respect to budget, administrative, and legislative 
proposals.
    You are authorized and directed to publish this memorandum 
in the Federal Register.

                                                    George W. Bush.

Sec. 20117. Disposal of excess land

    Notwithstanding the provisions of this or any other law, 
the Administration may not report to a disposal agency as 
excess to the needs of the Administration any land having an 
estimated value in excess of $50,000 that is owned by the 
United States and under the jurisdiction and control of the 
Administration, unless--
          (1) a period of 30 days has passed after the receipt 
        by the Speaker and the Committee on Science and 
        Technology of the House of Representatives and the 
        President and the Committee on Commerce, Science, and 
        Transportation of the Senate of a report by the 
        Administrator or the Administrator's designee 
        containing a full and complete statement of the action 
        proposed to be taken and the facts and circumstances 
        relied upon in support of such action; or
          (2) each such committee before the expiration of that 
        period has transmitted to the Administrator written 
        notice to the effect that the committee has no 
        objection to the proposed action.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3337.)

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

           Subchapter III--General Administrative Provisions

Sec. 20131. Public access to information

    (a) Public Inspection.--Information obtained or developed 
by the Administrator in the performance of the Administrator's 
functions under this chapter shall be made available for public 
inspection, except information--
          (1) authorized or required by Federal statute to be 
        withheld;
          (2) classified to protect the national security; or
          (3) described in subsection (b).
    (b) Special Handling of Trade Secret or Confidential 
Information.--
          (1) In general.--The Administrator, for a period of 
        up to 5 years after the development of information 
        described in paragraph (2), may provide appropriate 
        protections against the dissemination of such 
        information, including exemption from subchapter II of 
        chapter 5 of title 5.
          (2) Information described.--Information referred to 
        in paragraph (1) is information that results from 
        activities conducted under an agreement entered into 
        under subsections (e) and (f) of section 20113 of this 
        title, and that would be a trade secret or commercial 
        or financial information that is privileged or 
        confidential under the meaning of section 552(b)(4) of 
        title 5 if the information had been obtained from a 
        non-Federal party participating in such an agreement.
    (c) Committees of Congress.--Nothing in this chapter 
authorizes the withholding of information by the Administrator 
from the duly authorized committees of Congress.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3338.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20131(a).............................  42 U.S.C. 2454(a) (words before    Pub. L. 85-568, title III, Sec.  303,
                                        proviso).                          July 29, 1958, 72 Stat. 433; Pub. L.
                                                                           102-588, title V, Sec.  509, Nov. 4,
                                                                           1992, 106 Stat. 5129.
20131(b).............................  42 U.S.C. 2454(b).                 ......................................
20131(c).............................  42 U.S.C. 2454(a) (proviso).       ......................................
----------------------------------------------------------------------------------------------------------------

Sec. 20132. Security requirements

    The Administrator shall establish such security 
requirements, restrictions, and safeguards as the Administrator 
deems necessary in the interest of the national security. The 
Administrator may arrange with the Director of the Office of 
Personnel Management for the conduct of such security or other 
personnel investigations of the Administration's officers, 
employees, and consultants, and its contractors and 
subcontractors and their officers and employees, actual or 
prospective, as the Administrator deems appropriate. If any 
such investigation develops any data reflecting that the 
individual who is the subject of the investigation is of 
questionable loyalty, the matter shall be referred to the 
Federal Bureau of Investigation for the conduct of a full field 
investigation, the results of which shall be furnished to the 
Administrator. (Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 
Stat. 3338.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20132................................  42 U.S.C. 2455(a).                 Pub. L. 85-568, title III, Sec.
                                                                           304(a), July 29, 1958, 72 Stat. 433;
                                                                           1978 Reorg. Plan No. 2, Sec.  102,
                                                                           eff. Jan. 1, 1979, 43 F.R. 36037, 92
                                                                           Stat. 3783.
----------------------------------------------------------------------------------------------------------------

    The words ``Director of the Office of Personnel 
Management'' are substituted for ``Civil Service Commission'' 
because of section 102 of Reorganization Plan No. 2 of 1978 (5 
App U.S.C.).

                       ACCESS TO RESTRICTED DATA

    Pub. L. 85-568, title III, Sec. 304(b), July 29, 1958, 72 
Stat. 434, provided that: ``The Atomic Energy Commission may 
authorize any of its employees, or employees of any contractor, 
prospective contractor, licensee, or prospective licensee of 
the Atomic Energy Commission or any other person authorized to 
have access to Restricted Data by the Atomic Energy Commission 
under subsection 145 b. of the Atomic Energy Act of 1954 (42 
U.S.C. 2165(b)), to permit any member, officer, or employee of 
the Council [National Aeronautics and Space Council], or the 
Administrator [of the National Aeronautics and Space 
Administration], or any officer, employee, member of an 
advisory committee, contractor, subcontractor, or officer or 
employee of a contractor or subcontractor of the Administration 
[National Aeronautics and Space Administration], to have access 
to Restricted Data relating to aeronautical and space 
activities which is required in the performance of his duties 
and so certified by the Council or the Administrator, as the 
case may be, but only if (1) the Council or Administrator or 
designee thereof has determined, in accordance with the 
established personnel security procedures and standards of the 
Council or Administration, that permitting such individual to 
have access to such Restricted Data will not endanger the 
common defense and security, and (2) the Council or 
Administrator or designee thereof finds that the established 
personnel and other security procedures and standards of the 
Council or Administration are adequate and in reasonable 
conformity to the standards established by the Atomic Energy 
Commission under section 145 of the Atomic Energy Act of 1954 
(42 U.S.C. 2165). Any individual granted access to such 
Restricted Data pursuant to this subsection may exchange such 
Data with any individual who (A) is an officer or employee of 
the Department of Defense, or any department or agency thereof, 
or a member of the armed forces, or a contractor or 
subcontractor of any such department, agency, or armed force, 
or an officer or employee of any such contractor or 
subcontractor, and (B) has been authorized to have access to 
Restricted Data under the provisions of section 143 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2163).''
    [Atomic Energy Commission abolished and functions 
transferred by sections 5814 and 5841 of Title 42, The Public 
Health and Welfare. See also Transfer of Functions notes set 
out under those sections.]
    [National Aeronautics and Space Council, together with 
functions of Council, abolished by section 3(a)(4) of Reorg. 
Plan No. 1 of 1973, effective July 1, 1973, set out in the 
Appendix to Title 5, Government Organization and Employees.]

Sec. 20133. Permission to carry firearms

    As the Administrator deems necessary in the public 
interest, the Administrator may--
          (1) direct officers and employees of the 
        Administration to carry firearms while in the conduct 
        of their official duties; and
          (2) authorize employees of contractors and 
        subcontractors of the Administration who are engaged in 
        the protection of property owned by the United States, 
        and located at facilities owned by or contracted to the 
        United States, to carry firearms while in the conduct 
        of their official duties.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3338.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20133................................  42 U.S.C. 2456.                    Pub. L. 85-568, title III, Sec.
                                                                           304(e), July 29, 1958, 72 Stat. 435.
----------------------------------------------------------------------------------------------------------------

Sec. 20134. Arrest authority

    Under regulations prescribed by the Administrator and 
approved by the Attorney General, employees of the 
Administration and of its contractors and subcontractors 
authorized to carry firearms under section 20133 of this title 
may arrest without warrant for any offense against the United 
States committed in their presence, or for any felony 
cognizable under the laws of the United States if they have 
reasonable grounds to believe that the person to be arrested 
has committed or is committing such felony. Persons granted 
authority to make arrests by this section may exercise that 
authority only while guarding and protecting property owned or 
leased by, or under the control of, the United States under the 
administration and control of the Administration or one of its 
contractors or subcontractors, at facilities owned by or 
contracted to the Administration.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3339.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20134................................  42 U.S.C. 2456a.                   Pub. L. 85-568, title III, Sec.
                                                                           304(f), as added Pub. L. 100-685,
                                                                           title II, Sec.  206, Nov. 17, 1988,
                                                                           102 Stat. 4090.
----------------------------------------------------------------------------------------------------------------

Sec. 20135. Property rights in inventions

    (a) Definitions.--In this section:
          (1) Contract.--The term ``contract'' means any actual 
        or proposed contract, agreement, understanding, or 
        other arrangement, and includes any assignment, 
        substitution of parties, or subcontract executed or 
        entered into thereunder.
          (2) Made.--The term ``made'', when used in relation 
        to any invention, means the conception or first actual 
        reduction to practice of such invention.
          (3) Person.--The term ``person'' means any 
        individual, partnership, corporation, association, 
        institution, or other entity.
    (b) Exclusive Property of United States.--
          (1) In general.--An invention shall be the exclusive 
        property of the United States if it is made in the 
        performance of any work under any contract of the 
        Administration, and the Administrator determines that--
          (A) the person who made the invention was employed or 
        assigned to perform research, development, or 
        exploration work and the invention is related to the 
        work the person was employed or assigned to perform, or 
        was within the scope of the person's employment duties, 
        whether or not it was made during working hours, or 
        with a contribution by the Government of the use of 
        Government facilities, equipment, materials, allocated 
        funds, information proprietary to the Government, or 
        services of Government employees during working hours; 
        or
          (B) the person who made the invention was not 
        employed or assigned to perform research, development, 
        or exploration work, but the invention is nevertheless 
        related to the contract, or to the work or duties the 
        person was employed or assigned to perform, and was 
        made during working hours, or with a contribution from 
        the Government of the sort referred to in subparagraph 
        (A).
          (2) Patent to United States.--If an invention is the 
        exclusive property of the United States under paragraph 
        (1), and if such invention is patentable, a patent 
        therefor shall be issued to the United States upon 
        application made by the Administrator, unless the 
        Administrator waives all or any part of the rights of 
        the United States to such invention in conformity with 
        the provisions of subsection (g).
    (c) Contract Provisions For Furnishing Reports of 
Inventions, Discoveries, Improvements, or Innovations.--Each 
contract entered into by the Administrator with any party for 
the performance of any work shall contain effective provisions 
under which the party shall furnish promptly to the 
Administrator a written report containing full and complete 
technical information concerning any invention, discovery, 
improvement, or innovation which may be made in the performance 
of any such work.
    (d) Patent Application.--No patent may be issued to any 
applicant other than the Administrator for any invention which 
appears to the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent and Trademark 
Office (hereafter in this section referred to as the 
``Director'') to have significant utility in the conduct of 
aeronautical and space activities unless the applicant files 
with the Director, with the application or within 30 days after 
request therefor by the Director, a written statement executed 
under oath setting forth the full facts concerning the 
circumstances under which the invention was made and stating 
the relationship (if any) of the invention to the performance 
of any work under any contract of the Administration. Copies of 
each such statement and the application to which it relates 
shall be transmitted forthwith by the Director to the 
Administrator.
    (e) Issuance of Patent to Applicant.--Upon any application 
as to which any such statement has been transmitted to the 
Administrator, the Director may, if the invention is 
patentable, issue a patent to the applicant unless the 
Administrator, within 90 days after receipt of the application 
and statement, requests that the patent be issued to the 
Administrator on behalf of the United States. If, within such 
time, the Administrator files such a request with the Director, 
the Director shall transmit notice thereof to the applicant, 
and shall issue such patent to the Administrator unless the 
applicant within 30 days after receipt of the notice requests a 
hearing before the Patent Trial and Appeal Board on the 
question whether the Administrator is entitled under this 
section to receive the patent. The Board may hear and 
determine, in accordance with rules and procedures established 
for interference and derivation cases, the question so 
presented, and its determination shall be subject to appeal by 
the applicant or by the Administrator to the United States 
Court of Appeals for the Federal Circuit in accordance with 
procedures governing appeals from decisions of the Patent Trial 
and Appeal Board in other proceedings.
    (f) Subsequent Transfer of Patent in Case of False 
Representations.--Whenever a patent has been issued to an 
applicant in conformity with subsection (e), and the 
Administrator thereafter has reason to believe that the 
statement filed by the applicant in connection with the patent 
contained a false representation of a material fact, the 
Administrator, within 5 years after the date of issuance of the 
patent, may file with the Director a request for the transfer 
to the Administrator of title to the patent on the records of 
the Director. Notice of any such request shall be transmitted 
by the Director to the owner of record of the patent, and title 
to the patent shall be so transferred to the Administrator 
unless, within 30 days after receipt of notice, the owner of 
record requests a hearing before the Patent Trial and Appeal 
Board on the question whether any such false representation was 
contained in the statement filed in connection with the patent. 
The question shall be heard and determined, and the 
determination shall be subject to review, in the manner 
prescribed by subsection (e) for questions arising thereunder. 
A request made by the Administrator under this subsection for 
the transfer of title to a patent, and prosecution for the 
violation of any criminal statute, shall not be barred by the 
failure of the Administrator to make a request under subsection 
(e) for the issuance of the patent to the Administrator, or by 
any notice previously given by the Administrator stating that 
the Administrator had no objection to the issuance of the 
patent to the applicant.
    (g) Waiver of Rights to Inventions.--Under such regulations 
in conformity with this subsection as the Administrator shall 
prescribe, the Administrator may waive all or any part of the 
rights of the United States under this section with respect to 
any invention or class of inventions made or which may be made 
by any person or class of persons in the performance of any 
work required by any contract of the Administration if the 
Administrator determines that the interests of the United 
States will be served thereby. Any such waiver may be made upon 
such terms and under such conditions as the Administrator shall 
determine to be required for the protection of the interests of 
the United States. Each such waiver made with respect to any 
invention shall be subject to the reservation by the 
Administrator of an irrevocable, nonexclusive, nontransferable, 
royalty-free license for the practice of such invention 
throughout the world by or on behalf of the United States or 
any foreign government pursuant to any treaty or agreement with 
the United States. Each proposal for any waiver under this 
subsection shall be referred to an Inventions and Contributions 
Board which shall be established by the Administrator within 
the Administration. Such Board shall accord to each interested 
party an opportunity for hearing, and shall transmit to the 
Administrator its findings of fact with respect to such 
proposal and its recommendations for action to be taken with 
respect thereto.
    (h) Protection of Title.--The Administrator is authorized 
to take all suitable and necessary steps to protect any 
invention or discovery to which the Administrator has title, 
and to require contractors or persons who retain title to 
inventions or discoveries under this section to protect the 
inventions or discoveries to which the Administration has or 
may acquire a license of use.
    (i) Administration as Defense Agency.--The Administration 
shall be considered a defense agency of the United States for 
the purpose of chapter 17 of title 35.
    (j) Objects Intended for Launch, Launched, or Assembled in 
Outer Space.--Any object intended for launch, launched, or 
assembled in outer space shall be considered a vehicle for the 
purpose of section 272 of title 35.
    (k) Use or Manufacture of Patented Inventions Incorporated 
in Space Vehicles Launched for Persons Other ThaN United 
States.--The use or manufacture of any patented invention 
incorporated in a space vehicle launched by the United States 
Government for a person other than the United States shall not 
be considered to be a use or manufacture by or for the United 
States within the meaning of section 1498(a) of title 28, 
unless the Administration gives an express authorization or 
consent for such use or manufacture.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3339; Pub. 
L. 112-29, Sec. 7(d)(2), Sept. 16, 2011, 125 Stat. 315.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20135................................  42 U.S.C. 2457.                    Pub. L. 85-568, title III, Sec.  305,
                                                                           July 29, 1958, 72 Stat. 435; Pub. L.
                                                                           96-517, Sec.  7, Dec. 21, 1981, 95
                                                                           Stat. 1210; Pub. L. 97-164, title I,
                                                                           Sec.  162(3), Apr. 2, 1982, 96 Stat.
                                                                           49; Pub. L. 98-622, title II, Sec.
                                                                           205(c), Nov. 8, 1984, 98 Stat. 3388;
                                                                           Pub. L. 106-113, div. B, Sec.
                                                                           1000(a)(9) [title IV, Sec.
                                                                           4732(b)(20)], Nov. 29, 1999, 113
                                                                           Stat. 1536, 1501A-55.
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2011--Subsec. (e). Pub. L. 112-29 substituted ``Patent 
Trial and Appeal Board'' for ``Board of Patent Appeals and 
Interferences''' in two places and inserted ``and derivation'' 
after ``established for interference''.
    Subsec. (f). Pub. L. 112-29, 7(d)(2)(A), substituted 
``Patent Trial and Appeal Board'' for ``Board of Patent Appeals 
and Interferences''.

                    EFFECTIVE DATE OF 2011 AMENDMENT

    Amendment by Pub. L. 112-29 effective upon the expiration 
of the 1-year period beginning on Sept. 16, 2011, and 
applicable to proceedings commenced on or after that effective 
date, with certain exceptions, see section 7(e) of Pub. L. 112-
29, set out as a note under section 6 of Title 35, Patents.

Sec. 20136. Contributions awards

    (a) Applications.--Subject to the provisions of this 
section, the Administrator is authorized, on the 
Administrator's own initiative or on application of any person, 
to make a monetary award, in an amount and on terms the 
Administrator determines to be warranted, to any person (as 
defined by section 20135(a) of this title) for any scientific 
or technical contribution to the Administration which is 
determined by the Administrator to have significant value in 
the conduct of aeronautical and space activities. Each 
application made for such an award shall be referred to the 
Inventions and Contributions Board established under section 
20135 of this title. Such Board shall accord to each applicant 
an opportunity for hearing on the application, and shall 
transmit to the Administrator its recommendation as to the 
terms of the award, if any, to be made to the applicant for the 
contribution. In determining the terms and conditions of an 
award the Administrator shall take into account--
          (1) the value of the contribution to the United 
        States;
          (2) the aggregate amount of any sums which have been 
        expended by the applicant for the development of the 
        contribution;
          (3) the amount of any compensation (other than salary 
        received for services rendered as an officer or 
        employee of the Government) previously received by the 
        applicant for or on account of the use of the 
        contribution by the United States; and
          (4) any other factors the Administrator determines to 
        be material.
    (b) Apportionment of Awards.--If more than one applicant 
under subsection (a) claims an interest in the same 
contribution, the Administrator shall ascertain and determine 
the respective interests of the applicants, and shall apportion 
any award to be made among the applicants in amounts the 
Administrator determines to be equitable.
    (c) Surrender of Other Claims.--No award may be made under 
subsection (a) unless the applicant surrenders, by means the 
Administrator determines to be effective, all claims that the 
applicant may have to receive any compensation (other than the 
award made under this section) for the use of the contribution 
or any element thereof at any time by or on behalf of the 
United States, or by or on behalf of any foreign government 
pursuant to a treaty or agreement with the United States, 
within the United States or at any other place.
    (d) Report and Waiting Period.--No award may be made under 
subsection (a) in an amount exceeding $100,000 unless the 
Administrator transmits to the appropriate committees of 
Congress a full and complete report concerning the amount and 
terms of, and the basis for, the proposed award, and a period 
of 30 calendar days of regular session of Congress expires 
after receipt of the report by the committees.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3342.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20136(a).............................  42 U.S.C. 2458(a).                 Pub. L. 85-568, title III, Sec.  306,
                                                                           July 29, 1958, 72 Stat. 437.
20136(b).............................  42 U.S.C. 2458(b) (1st sentence).  ......................................
20136(c).............................  42 U.S.C. 2458(b) (par. (1) of     ......................................
                                        last sentence).
20136(d).............................  42 U.S.C. 2458(b) (par. (2) of     ......................................
                                        last sentence).
----------------------------------------------------------------------------------------------------------------

    In subsections (c) and (d), the words ``No award may be 
made under subsection (a)'' are substituted for ``No award may 
be made under subsection (a) with respect to any contribution'' 
for clarity and to eliminate unnecessary words.

Sec. 20137. Malpractice and negligence suits against United States

    (a) Exclusive Remedy.--The remedy against the United States 
provided by sections 1346(b) and 2672 of title 28, for damages 
for personal injury, including death, caused by the negligent 
or wrongful act or omission of any physician, dentist, nurse, 
pharmacist, or paramedical or other supporting personnel 
(including medical and dental technicians, nursing assistants, 
and therapists) of the Administration in the performance of 
medical, dental, or related health care functions (including 
clinical studies and investigations) while acting within the 
scope of such person's duties or employment therein or therefor 
shall be exclusive of any other civil action or proceeding by 
reason of the same subject matter against such person (or the 
estate of such person) whose act or omission gave rise to the 
action or proceeding.
    (b) Attorney General to Defend Any Civil Action or 
Proceeding for Malpractice or Negligence.--The Attorney General 
shall defend any civil action or proceeding brought in any 
court against any person referred to in subsection (a) (or the 
estate of such person) for any such injury. Any such person 
against whom such civil action or proceeding is brought shall 
deliver within such time after date of service or knowledge of 
service as determined by the Attorney General, all process 
served upon such person or an attested true copy thereof to 
such person's immediate superior or to whomever was designated 
by the Administrator to receive such papers. Such person shall 
promptly furnish copies of the pleading and process therein to 
the United States Attorney for the district embracing the place 
wherein the proceeding is brought, to the Attorney General, and 
to the Administrator.
    (c) Removal of Actions.--Upon a certification by the 
Attorney General that any person described in subsection (a) 
was acting in the scope of such person's duties or employment 
at the time of the incident out of which the suit arose, any 
such civil action or proceeding commenced in a State court 
shall be removed without bond at any time before trial by the 
Attorney General to the district court of the United States of 
the district and division embracing the place wherein it is 
pending and the proceeding deemed a tort action brought against 
the United States under the provisions of title 28, and all 
references thereto. Should a district court of the United 
States determine, on a hearing on a motion to remand held 
before a trial on the merits, that the case so removed is one 
in which a remedy by suit within the meaning of subsection (a) 
is not available against the United States, the case shall be 
remanded to the State court.
    (d) Compromise or Settlement of Claims.--The Attorney 
General may compromise or settle any claim asserted in such 
civil action or proceeding in the manner provided in section 
2677 of title 28, and with the same effect.
    (e) Applicability of Other Provisions of Law.--For purposes 
of this section, the provisions of section 2680(h) of title 28 
shall not apply to any cause of action arising out of a 
negligent or wrongful act or omission in the performance of 
medical, dental, or related health care functions (including 
clinical studies and investigations).
    (f) Liability Insurance for Persons Assigned to Foreign 
Countries or Non-Federal Agencies.--The Administrator or the 
Administrator's designee may, to the extent that the 
Administrator or the designee deems appropriate, hold harmless 
or provide liability insurance for any person described in 
subsection (a) for damages for personal injury, including 
death, caused by such person's negligent or wrongful act or 
omission in the performance of medical, dental, or related 
health care functions (including clinical studies and 
investigations) while acting within the scope of such person's 
duties if such person is assigned to a foreign country or 
detailed for service with other than a Federal department, 
agency, or instrumentality or if the circumstances are such as 
are likely to preclude the remedies of third persons against 
the United States described in section 2679(b) of title 28, for 
such damage or injury.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3343.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20137................................  42 U.S.C. 2458a.                   Pub. L. 85-568, title III, Sec.  307,
                                                                           as added Pub. L. 94-464, Sec.  3,
                                                                           Oct. 8, 1976, 90 Stat. 1988.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the word ``hereafter'' is omitted as 
unnecessary.
    In subsection (b), in the last sentence, commas are added 
after ``brought'' and ``Attorney General'' for clarity.
    In subsection (e), the words ``wrongful act or omission'' 
are substituted for ``wrongful act of omission'' to correct an 
error in the law.

Sec. 20138. Insurance and indemnification

    (a) Definitions.--In this section:
         (1) Space vehicle.--The term ``space vehicle'' means 
        an object intended for launch, launched, or assembled 
        in outer space, including the space shuttle and other 
        components of a space transportation system, together 
        with related equipment, devices, components, and parts.
         (2) Third party.--The term ``third party'' means any 
        person who may institute a claim against a user for 
        death, bodily injury, or loss of or damage to property.
          (3) User.--The term ``user'' includes anyone who 
        enters into an agreement with the Administration for 
        use of all or a portion of a space vehicle, who owns or 
        provides property to be flown on a space vehicle, or 
        who employs a person to be flown on a space vehicle.
    (b) Authorization.--The Administration is authorized on 
such terms and to the extent it may deem appropriate to provide 
liability insurance for any user of a space vehicle to 
compensate all or a portion of claims by third parties for 
death, bodily injury, or loss of or damage to property 
resulting from activities carried on in connection with the 
launch, operations, or recovery of the space vehicle. 
Appropriations available to the Administration may be used to 
acquire such insurance, but such appropriations shall be 
reimbursed to the maximum extent practicable by the users under 
reimbursement policies established pursuant to section 20113 of 
this title.
    (c) Indemnification.--Under such regulations in conformity 
with this section as the Administrator shall prescribe taking 
into account the availability, cost, and terms of liability 
insurance, any agreement between the Administration and a user 
of a space vehicle may provide that the United States will 
indemnify the user against claims (including reasonable 
expenses of litigation or settlement) by third parties for 
death, bodily injury, or loss of or damage to property 
resulting from activities carried on in connection with the 
launch, operations, or recovery of the space vehicle, but only 
to the extent that such claims are not compensated by liability 
insurance of the user. Such indemnification may be limited to 
claims resulting from other than the actual negligence or 
willful misconduct of the user.
    (d) Terms of Indemnification Agreement.--An agreement made 
under subsection (c) that provides indemnification must also 
provide for--
          (1) notice to the United States of any claim or suit 
        against the user for the death, bodily injury, or loss 
        of or damage to the property; and
          (2) control of or assistance in the defense by the 
        United States, at its election, of that suit or claim.
    (e) Certification of Just and Reasonable Amount.--No 
payment may be made under subsection (c) unless the 
Administrator or the Administrator's designee certifies that 
the amount is just and reasonable.
    (f) Payments.--Upon the approval by the Administrator, 
payments under subsection (c) may be made, at the 
Administrator's election, either from funds available for 
research and development not otherwise obligated or from funds 
appropriated for such payments.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3344.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20138................................  42 U.S.C. 2458b.                   Pub. L. 85-568, title III, Sec.  308,
                                                                           as added Pub. L. 96-48, Sec.  6,
                                                                           (b)(2), Aug. 8, 1979, 93 Stat. 348.
----------------------------------------------------------------------------------------------------------------

Sec. 20139. Insurance for experimental aerospace vehicles

    (a) Definitions.--In this section:
          (1) Cooperating party.--The term ``cooperating 
        party'' means any person who enters into an agreement 
        with the Administration for the performance of 
        cooperative scientific, aeronautical, or space 
        activities to carry out the purposes of this chapter.
          (2) Developer.--The term ``developer'' means a United 
        States person (other than a natural person) who--
                  (A) is a party to an agreement with the 
                Administration for the purpose of developing 
                new technology for an experimental aerospace 
                vehicle;
                  (B) owns or provides property to be flown or 
                situated on that vehicle; or
                  (C) employs a natural person to be flown on 
                that vehicle.
          (3) Experimental aerospace vehicle.--The term 
        ``experimental aerospace vehicle'' means an object 
        intended to be flown in, or launched into, orbital or 
        suborbital flight for the purpose of demonstrating 
        technologies necessary for a reusable launch vehicle, 
        developed under an agreement between the Administration 
        and a developer.
          (4) Related entity.--The term ``related entity'' 
        includes a contractor or subcontractor at any tier, a 
        supplier, a grantee, and an investigator or detailee.
    (b) In General.--The Administrator may provide liability 
insurance for, or indemnification to, the developer of an 
experimental aerospace vehicle developed or used in execution 
of an agreement between the Administration and the developer.
    (c) Terms and Conditions.--
          (1) In general.--Except as otherwise provided in this 
        section, the insurance and indemnification provided by 
        the Administration under subsection (b) to a developer 
        shall be provided on the same terms and conditions as 
        insurance and indemnification is provided by the 
        Administration under section 20138 of this title to the 
        user of a space vehicle.
          (2) Insurance.--
                  (A) In general.--A developer shall obtain 
                liability insurance or demonstrate financial 
                responsibility in amounts to compensate for the 
                maximum probable loss from claims by--
                          (i) a third party for death, bodily 
                        injury, or property damage, or loss 
                        resulting from an activity carried out 
                        in connection with the development or 
                        use of an experimental aerospace 
                        vehicle; and
                          (ii) the United States Government for 
                        damage or loss to Government property 
                        resulting from such an activity.
                  (B) Maximum required.--The Administrator 
                shall determine the amount of insurance 
                required, but, except as provided in 
                subparagraph (C), that amount shall not be 
                greater than the amount required under section 
                50914(a)(3) of this title for a launch. The 
                Administrator shall publish notice of the 
                Administrator's determination and the 
                applicable amount or amounts in the Federal 
                Register within 10 days after making the 
                determination.
                  (C) Increase in dollar amounts.--The 
                Administrator may increase the dollar amounts 
                set forth in section 50914(a)(3)(A) of this 
                title for the purpose of applying that section 
                under this section to a developer after 
                consultation with the Comptroller General and 
                such experts and consultants as may be 
                appropriate, and after publishing notice of the 
                increase in the Federal Register not less than 
                180 days before the increase goes into effect. 
                The Administrator shall make available for 
                public inspection, not later than the date of 
                publication of such notice, a complete record 
                of any correspondence received by the 
                Administration, and a transcript of any 
                meetings in which the Administration 
                participated, regarding the proposed increase.
                  (D) Safety review required before 
                administrator provides insurance.--The 
                Administrator may not provide liability 
                insurance or indemnification under subsection 
                (b) unless the developer establishes to the 
                satisfaction of the Administrator that 
                appropriate safety procedures and practices are 
                being followed in the development of the 
                experimental aerospace vehicle.
          (3) No indemnification without cross-waiver.--
        Notwithstanding subsection (b), the Administrator may 
        not indemnify a developer of an experimental aerospace 
        vehicle under this section unless there is an agreement 
        between the Administration and the developer described 
        in subsection (d).
          (4) Application of certain procedures.--If the 
        Administrator requests additional appropriations to 
        make payments under this section, like the payments 
        that may be made under section 20138(c) of this title, 
        then the request for those appropriations shall be made 
        in accordance with the procedures established by 
        subsections (d) and (e) of section 50915 of this title.
    (d) Cross-Waivers.--
          (1) Administrator authorized to waive.--The 
        Administrator, on behalf of the United States, and its 
        departments, agencies, and instrumentalities, may 
        reciprocally waive claims with a developer or 
        cooperating party and with the related entities of that 
        developer or cooperating party under which each party 
        to the waiver agrees to be responsible, and agrees to 
        ensure that its own related entities are responsible, 
        for damage or loss to its property for which it is 
        responsible, or for losses resulting from any injury or 
        death sustained by its own employees or agents, as a 
        result of activities connected to the agreement or use 
        of the experimental aerospace vehicle.
          (2) Limitations.--
                  (A) Claims.--A reciprocal waiver under 
                paragraph (1) may not preclude a claim by any 
                natural person (including, but not limited to, 
                a natural person who is an employee of the 
                United States, the developer, the cooperating 
                party, or their respective subcontractors) or 
                that natural person's estate, survivors, or 
                subrogees for injury or death, except with 
                respect to a subrogee that is a party to the 
                waiver or has otherwise agreed to be bound by 
                the terms of the waiver.
                  (B) Liability for negligence.--A reciprocal 
                waiver under paragraph (1) may not absolve any 
                party of liability to any natural person 
                (including, but not limited to, a natural 
                person who is an employee of the United States, 
                the developer, the cooperating party, or their 
                respective subcontractors) or such a natural 
                person's estate, survivors, or subrogees for 
                negligence, except with respect to a subrogee 
                that is a party to the waiver or has otherwise 
                agreed to be bound by the terms of the waiver.
                  (C) Indemnification for damages.--A 
                reciprocal waiver under paragraph (1) may not 
                be used as the basis of a claim by the 
                Administration, or the developer or cooperating 
                party, for indemnification against the other 
                for damages paid to a natural person, or that 
                natural person's estate, survivors, or 
                subrogees, for injury or death sustained by 
                that natural person as a result of activities 
                connected to the agreement or use of the 
                experimental aerospace vehicle.
                  (D) Willful misconduct.--A reciprocal waiver 
                under paragraph (1) may not relieve the United 
                States, the developer, the cooperating party, 
                or the related entities of the developer or 
                cooperating party, of liability for damage or 
                loss resulting from willful misconduct.
          (3) Effect on previous waivers.--This subsection 
        applies to any waiver of claims entered into by the 
        Administration without regard to the date on which the 
        Administration entered into the waiver.
    (e) Relationship to Other Laws.--
          (1) Section 20138.--This section does not apply to 
        any object, transaction, or operation to which section 
        20138 of this title applies.
          (2) Section 50919(g)(1).--The Administrator may not 
        provide indemnification to a developer under this 
        section for launches subject to license under section 
        50919(g)(1) of this title.
    (f) Termination.--
          (1) In general.--The provisions of this section shall 
        terminate on December 31, 2010.
          (2) Effect of termination on agreement.--The 
        termination of this section shall not terminate or 
        otherwise affect any cross-waiver agreement, insurance 
        agreement, indemnification agreement, or other 
        agreement entered into under this section, except as 
        may be provided in that agreement.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3345.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20139................................  42 U.S.C. 2458c.                   Pub. L. 85-568, title III, Sec.  309,
                                                                           formerly title III, as added Pub. L.
                                                                           106-74, title IV, Sec.  435(a), Oct.
                                                                           20, 1909, 113 Stat. 1097; designated
                                                                           Sec.  309 and amended Pub. L. 106-
                                                                           391, title III, Sec.  324(a)(2), (b),
                                                                           Oct. 30, 2000, 114 Stat. 1599, 1600;
                                                                           Pub. L. 109-155, title VII, Sec.
                                                                           702, Dec. 30, 2005, 119 stat. 2936.
----------------------------------------------------------------------------------------------------------------

    In subsection (d)(3), the words ``without regard to the 
date on which the Administration entered into the waiver'' are 
substituted for ``without regard to whether it was entered into 
before, on, or after the date of enactment of this Act'' to 
avoid an ambiguity in the law. Literally, the words ``the date 
of enactment of this Act'' mean July 29, 1958, the date of 
enactment of Public Law 85-568. However, the intended meaning 
of the words ``the date of enactment of this Act'' is probably 
October 20, 1999, the date of enactment of Public Law 106-74. 
The question as to which date is actually intended is rendered 
inconsequential by the words ``before, on, or after''.

Sec. 20140. Appropriations

    (a) Authorization.--
          (1) In general.--There are authorized to be 
        appropriated such sums as may be necessary to carry out 
        this chapter, except that nothing in this chapter shall 
        authorize the appropriation of any amount for--
                  (A) the acquisition or condemnation of any 
                real property; or
                  (B) any other item of a capital nature (such 
                as plant or facility acquisition, construction, 
                or expansion) which exceeds $250,000.
          (2) Availability.--Sums appropriated pursuant to this 
        subsection for the construction of facilities, or for 
        research and development activities, shall remain 
        available until expended.
    (b) Use of Funds for Emergency Repairs of Existing 
Facilities.--Any funds appropriated for the construction of 
facilities may be used for emergency repairs of existing 
facilities when such existing facilities are made inoperative 
by major breakdown, accident, or other circumstances and such 
repairs are deemed by the Administrator to be of greater 
urgency than the construction of new facilities.
    (c) Termination.--Notwithstanding any other provision of 
law, the authorization of any appropriation to the 
Administration shall expire (unless an earlier expiration is 
specifically provided) at the close of the third fiscal year 
following the fiscal year in which the authorization was 
enacted, to the extent that such appropriation has not 
theretofore actually been made.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3347.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20140................................  42 U.S.C. 2459.                    Pub. L. 85-568, title III, Sec.  310,
                                                                           formerly Sec.  307, July 29, 1958, 72
                                                                           Stat. 438; Pub. L. 88-113, Sec.  6,
                                                                           Sept. 6, 1963, 77 Stat. 144;
                                                                           renumbered Sec.  308, Pub. L., 94-
                                                                           464, Sec.  3, Oct. 8, 1976, 90 Stat.
                                                                           1988; renumbered Sec.  309, Pub. L.,
                                                                           96-48, Sec.  6(b)(1), Aug. 8, 1979,
                                                                           93 Stat. 348; renumbered Sec.  310,
                                                                           Pub. L., 106-391, title III, Sec.
                                                                           324(a)(1), Oct. 30, 2000, 114 Stat.
                                                                           1599.
----------------------------------------------------------------------------------------------------------------

Sec. 20141. Misuse of agency name and initials

    (a) In General.--No person (as defined by section 20135(a) 
of this title) may knowingly use the words ``National 
Aeronautics and Space Administration'' or the letters ``NASA'', 
or any combination, variation, or colorable imitation of those 
words or letters either alone or in combination with other 
words or letters--
          (1) as a firm or business name in a manner reasonably 
        calculated to convey the impression that the firm or 
        business has some connection with, endorsement of, or 
        authorization from, the Administration which does not, 
        in fact, exist; or
          (2) in connection with any product or service being 
        offered or made available to the public in a manner 
        reasonably calculated to convey the impression that the 
        product or service has the authorization, support, 
        sponsorship, or endorsement of, or the development, 
        use, or manufacture by or on behalf of the 
        Administration which does not, in fact, exist.
    (b) Civil Proceeding to Enjoin.--Whenever it appears to the 
Attorney General that any person is engaged in an act or 
practice which constitutes or will constitute conduct 
prohibited by subsection (a), the Attorney General may initiate 
a civil proceeding in a district court of the United States to 
enjoin such act or practice.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3348.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20141................................  42 U.S.C. 2459b.                   Pub. L. 85-568, title III, Sec.  311,
                                                                           formerly Sec.  310, as added Pub. L.
                                                                           98-52, title I, Sec.  107, July 15,
                                                                           1983, 97 Stat. 284; renumbered Sec.
                                                                           311, Pub. L. 106-391, title III, Sec.
                                                                            324(a)(1), Oct. 30, 2000, 114 Stat.
                                                                           1599.
----------------------------------------------------------------------------------------------------------------

Sec. 20142. Contracts regarding expendable launch vehicles

    (a) Commitments Beyond Available Appropriations.--The 
Administrator may enter into contracts for expendable launch 
vehicle services that are for periods in excess of the period 
for which funds are otherwise available for obligation, provide 
for the payment for contingent liability which may accrue in 
excess of available appropriations in the event the Federal 
Government for its convenience terminates such contracts, and 
provide for advance payments reasonably related to launch 
vehicle and related equipment, fabrication, and acquisition 
costs, if any such contract limits the amount of the payments 
that the Government is allowed to make under such contract to 
amounts provided in advance in appropriation Acts. Such 
contracts may be limited to sources within the United States 
when the Administrator determines that such limitation is in 
the public interest.
    (b) Termination if Funds Not Available.--If funds are not 
available to continue any such contract, the contract shall be 
terminated for the convenience of the Government, and the costs 
of such contract shall be paid from appropriations originally 
available for performance of the contract, from other 
unobligated appropriations currently available for the 
procurement of launch services, or from funds appropriated for 
such payments.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3348.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20142................................  42 U.S.C.2459c.                    Pub. L. 85-568, title III, Sec.  312,
                                                                           formerly Sec.  311, as added Pub. L.
                                                                           100-147, title I, Sec.  117, Oct. 30,
                                                                           1987, 101 Stat. 867; renumbered Sec.
                                                                           312, Pub. L. 106-391, title III, Sec.
                                                                            324(a)(1), Oct. 30, 2000, 114 Stat.
                                                                           1599.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the word ``expendable'' is substituted 
for ``expendabe'' to correct an error in the law.

Sec. 20143. Full cost appropriations account structure

    (a) Accounts for Appropriations.--
          (1) Designation of 3 accounts.--Appropriations for 
        the Administration shall be made in 3 accounts, 
        ``Science, Aeronautics, and Education'', ``Exploration 
        Systems and Space Operations'', and an account for 
        amounts appropriated for the necessary expenses of the 
        Office of the Inspector General.
          (2) Reprogramming.--Within the Exploration Systems 
        and Space Operations account, no more than 10 percent 
        of the funds for a fiscal year for Exploration Systems 
        may be reprogrammed for Space Operations, and no more 
        than 10 percent of the funds for a fiscal year for 
        Space Operations may be reprogrammed for Exploration 
        Systems. This paragraph shall not apply to 
        reprogramming for the purposes described in subsection 
        (b)(2).
          (3) Availability.--Appropriations shall remain 
        available for 2 fiscal years, unless otherwise 
        specified in law. Each account shall include the 
        planned full costs of Administration activities.
    (b) Transfers Among Accounts.--
          (1) In general.--To ensure the safe, timely, and 
        successful accomplishment of Administration missions, 
        the Administration may transfer among accounts as 
        necessary, amounts for--
                  (A) Federal salaries and benefits;
                  (B) training, travel, and awards;
                  (C) facility and related costs;
                  (D) information technology services;
                  (E) publishing services;
                  (F) science, engineering, fabricating, and 
                testing services; and
                  (G) other administrative services.
          (2) Disaster, act of terrorism, emergency rescue.--
        The Administration may also transfer amounts among 
        accounts for the immediate costs of recovering from 
        damage caused by a major disaster (as defined in 
        section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122)) or by an 
        act of terrorism, or for the immediate costs associated 
        with an emergency rescue of astronauts.
    (c) Transfer of Unexpired Balances.--The unexpired balances 
of prior appropriations to the Administration for activities 
authorized under this chapter may be transferred to the new 
account established for such activity in subsection (a). 
Balances so transferred may be merged with funds in the newly 
established account and thereafter may be accounted for as one 
fund under the same terms and conditions.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3349.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20143................................  42 U.S.C. 2459f.                   Pub. L. 85-568, title III, Sec.  313,
                                                                           formerly Sec.  312, as added Pub. L.
                                                                           106-377, Sec.  1(a)(I) [title IV,
                                                                           Sec.  431], Oct. 27, 2000, 114 Stat.
                                                                           1441, 14414A-56; renumbered Sec.  313
                                                                           and amended, Pub. L. 108-199, div. G,
                                                                           title IV, Sec.  417, Jan. 23, 2004,
                                                                           118 Stat. 415; Pub. L. 108-447, div.
                                                                           I, title IV, Sec.  417, Dec. 8, 2004,
                                                                           118 Stat. 3339; Pub. L. 109-155,
                                                                           title II, Sec.  201, Dec. 30, 2005,
                                                                           119 Stat. 2915.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1), the words ``for fiscal year 2007 and 
thereafter'' are omitted as unnecessary.

               NOTICE OF REPROGRAMMING OR REORGANIZATION

    Pub. L. 106-391, title III, Sec. 311, Oct. 30, 2000, 114 
Stat. 1594, provided that:
    ``(a) Notice of Reprogramming.--If any funds authorized by 
this Act [see Tables for classification] are subject to a 
reprogramming action that requires notice to be provided to the 
Appropriations Committees of the House of Representatives and 
the Senate, notice of such action shall concurrently be 
provided to the Committee on Science [now Committee on Science, 
Space, and Technology] of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate.
    ``(b) Notice of Reorganization.--The Administrator [of the 
National Aeronautics and Space Administration] shall provide 
notice to the Committees on Science [now Science, Space, and 
Technology] and Appropriations of the House of Representatives, 
and the Committees on Commerce, Science, and Transportation and 
Appropriations of the Senate, not later than 30 days before any 
major reorganization of any program, project, or activity of 
the National Aeronautics and Space Administration.''

Sec. 20144. Prize authority

    (a) In General.--The Administration may carry out a program 
to competitively award cash prizes to stimulate innovation in 
basic and applied research, technology development, and 
prototype demonstration that have the potential for application 
to the performance of the space and aeronautical activities of 
the Administration. The Administration may carry out a program 
to award prizes only in conformity with this section.
    (b) Topics.--In selecting topics for prize competitions, 
the Administrator shall consult widely both within and outside 
the Federal Government, and may empanel advisory committees. 
The Administrator shall give consideration to prize goals such 
as the demonstration of the ability to provide energy to the 
lunar surface from space-based solar power systems, 
demonstration of innovative near-Earth object survey and 
deflection strategies, and innovative approaches to improving 
the safety and efficiency of aviation systems.
    (c) Advertising.--The Administrator shall widely advertise 
prize competitions to encourage participation.
    (d) Requirements and Registration.--For each prize 
competition, the Administrator shall publish a notice in the 
Federal Register announcing the subject of the competition, the 
rules for being eligible to participate in the competition, the 
amount of the prize, and the basis on which a winner will be 
selected.
    (e) Eligibility.--To be eligible to win a prize under this 
section, an individual or entity--
          (1) shall have registered to participate in the 
        competition pursuant to any rules promulgated by the 
        Administrator under subsection (d);
          (2) shall have complied with all the requirements 
        under this section;
          (3) in the case of a private entity, shall be 
        incorporated in and maintain a primary place of 
        business in the United States, and in the case of an 
        individual, whether participating singly or in a group, 
        shall be a citizen or permanent resident of the United 
        States; and
          (4) shall not be a Federal entity or Federal employee 
        acting within the scope of their employment.
    (f) Liability.--
          (1) Assumption of risk.--Registered participants must 
        agree to assume any and all risks and waive claims 
        against the Federal Government and its related 
        entities, except in the case of willful misconduct, for 
        any injury, death, damage, or loss of property, 
        revenue, or profits, whether direct, indirect, or 
        consequential, arising from their participation in a 
        competition, whether such injury, death, damage, or 
        loss arises through negligence or otherwise. For the 
        purposes of this paragraph, the term ``related entity'' 
        means a contractor or subcontractor at any tier, and a 
        supplier, user, customer, cooperating party, grantee, 
        investigator, or detailee.
          (2) Liability insurance.--Participants must obtain 
        liability insurance or demonstrate financial 
        responsibility, in amounts determined by the 
        Administrator, for claims by--
                  (A) a third party for death, bodily injury, 
                or property damage, or loss resulting from an 
                activity carried out in connection with 
                participation in a competition, with the 
                Federal Government named as an additional 
                insured under the registered participant's 
                insurance policy and registered participants 
                agreeing to indemnify the Federal Government 
                against third party claims for damages arising 
                from or related to competition activities; and
                  (B) the Federal Government for damage or loss 
                to Government property resulting from such an 
                activity.
    (g) Judges.--For each competition, the Administration, 
either directly or through an agreement under subsection (h), 
shall assemble a panel of qualified judges to select the winner 
or winners of the prize competition on the basis described 
pursuant to subsection (d). Judges for each competition shall 
include individuals from outside the Administration, including 
from the private sector. A judge may not--
          (1) have personal or financial interests in, or be an 
        employee, officer, director, or agent of any entity 
        that is a registered participant in a competition; or
          (2) have a familial or financial relationship with an 
        individual who is a registered participant.
    (h) Administering the Competition.--The Administrator may 
enter into an agreement with a private, nonprofit entity to 
administer the prize competition, subject to the provisions of 
this section.
    (i) Funding.--
          (1) Sources.--Prizes under this section may consist 
        of Federal appropriated funds and funds provided by the 
        private sector for such cash prizes. The Administrator 
        may accept funds from other Federal agencies for such 
        cash prizes. The Administrator may not give any special 
        consideration to any private sector entity in return 
        for a donation.
          (2) Availability.--
                  (A) Definition of provisions known as the 
                anti-deficiency act.--In this paragraph, the 
                term ``provisions known as the Anti-Deficiency 
                Act'' means sections 1341, 1342, 1349(a), 1350, 
                1351, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 
                1518, and 1519 of title 31.
                  (B) In general.--Notwithstanding any other 
                provision of law, funds appropriated for prize 
                awards under this section shall remain 
                available until expended, and may be 
                transferred, reprogrammed, or expended for 
                other purposes only after the expiration of 10 
                fiscal years after the fiscal year for which 
                the funds were originally appropriated. No 
                provision in this section permits obligation or 
                payment of funds in violation of the provisions 
                known as the Anti-Deficiency Act.
          (3) Appropriation or commitment of funds required 
        before announcement of prize or increase.--
                  (A) In general.--No prize may be announced 
                under subsection (d) until all the funds needed 
                to pay out the announced amount of the prize 
                have been appropriated or committed in writing 
                by a private source.
                  (B) Increase.--The Administrator may increase 
                the amount of a prize after an initial 
                announcement is made under subsection (d) if--
                          (i) notice of the increase is 
                        provided in the same manner as the 
                        initial notice of the prize; and
                          (ii) the funds needed to pay out the 
                        announced amount of the increase have 
                        been appropriated or committed in 
                        writing by a private source.
          (4) Notice to committees for prize greater than 
        $50,000,000.--No prize competition under this section 
        may offer a prize in an amount greater than $50,000,000 
        unless 30 days have elapsed after written notice has 
        been transmitted to the Committee on Science and 
        Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate.
          (5) Approval of administrator for prize greater than 
        $1,000,000.--No prize competition under this section 
        may result in the award of more than $1,000,000 in cash 
        prizes without the approval of the Administrator.
    (j) Use of Administration Name or Insignia.--A registered 
participant in a competition under this section may use the 
Administration's name, initials, or insignia only after prior 
review and written approval by the Administration.
    (k) Compliance With Existing Law.--The Federal Government 
shall not, by virtue of offering or providing a prize under 
this section, be responsible for compliance by registered 
participants in a prize competition with Federal law, including 
licensing, export control, and non-proliferation laws, and 
related regulations.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3350; Pub. 
L. 111-358, title I, Sec. 105(b), Jan. 4, 2011, 124 Stat. 
3993.)

                      AMENDMENT NOT SHOWN IN TEXT

    This section was derived from section 2459f-1 of Title 42, 
The Public Health and Welfare, which was amended by Pub. L. 
111-358, title I, Sec. 105(b), Jan. 4, 2011, 124 Stat. 3993. 
For applicability of this amendment to this section, see 
section 5(b) of Pub. L. 111-314, set out as a Transitional and 
Savings Provisions note preceding section 10101 of this title. 
Former section 2459f-1 of Title 42 was amended by striking out 
``The Administration may carry out a program to award prizes 
only in conformity with this section.''

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20144................................  42 U.S.C. 2459f-1.                 Pub. L. 85-568, title III, Sec.  314,
                                                                           as added Pub. L. 109-155, title I,
                                                                           Sec.  104, Dec. 30, 2005, 119 Stat.
                                                                           2910; Pub. L. 110-422, title XI, Sec.
                                                                            1105(b), Oct. 15, 2008, 122 Stat.
                                                                           4809.
----------------------------------------------------------------------------------------------------------------

    In subsection (i)(2), subparagraph (A) is added, and the 
words ``provisions known as the Anti-Deficiency Act'' are 
substituted for ``the Anti-Deficiency Act (31 U.S.C. 1341)'', 
for clarity.
    In subsection (i)(4), the words ``Committee on Science and 
Technology'' are substituted for ``Committee on Science'' on 
authority of Rule X(1)(o) of the Rules of the House of 
Representatives, adopted by House Resolution No. 6 (110th 
Congress, January 5, 2007).

                             CHANGE OF NAME

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

                         AVAILABILITY OF FUNDS

    Pub. L. 116-6, div. C, title III, Feb. 15, 2019, 133 Stat. 
123, provided in part that: ``Funds for any announced prize 
otherwise authorized shall remain available, without fiscal 
year limitation, until a prize is claimed or the offer is 
withdrawn.''
    Similar provisions were contained in the following prior 
appropriation acts: Pub. L. 115-141, div. B, title III, Mar. 
23, 2018, 132 Stat. 431.

                                PURPOSE

    Pub. L. 110-422, title XI, Sec. 1105(a), Oct. 15, 2008, 122 
Stat. 4809, provided that: ``Prizes can play a useful role in 
encouraging innovation in the development of technologies and 
products that can assist NASA [National Aeronautics and Space 
Administration] in its aeronautics and space activities, and 
the use of such prizes by NASA should be encouraged.''

Sec. 20145. Lease of non-excess property

    (a) In General.--The Administrator may enter into a lease 
under this section with any person or entity (including another 
department or agency of the Federal Government or an entity of 
a State or local government) with regard to any non-excess real 
property and related personal property under the jurisdiction 
of the Administrator.
    (b) Cash Consideration.--
          (1) Fair market value.--
                  (A) A person or entity entering into a lease 
                under this section shall provide cash 
                consideration for the lease at fair market 
                value as determined by the Administrator.
                  (B) Notwithstanding subparagraph (A), the 
                Administrator may accept in-kind consideration 
                for leases entered into for the purpose of 
                developing renewable energy production 
                facilities.
          (2) Utilization.--
                  (A) In general.--The Administrator may 
                utilize amounts of cash consideration received 
                under this subsection for a lease entered into 
                under this section to cover the full costs to 
                the Administration in connection with the 
                lease. These funds shall remain available until 
                expended.
                  (B) Capital revitalization and 
                improvements.--Of any amounts of cash 
                consideration received under this subsection 
                that are not utilized in accordance with 
                subparagraph (A)--
                          (i) 35 percent shall be deposited in 
                        a capital asset account to be 
                        established by the Administrator, shall 
                        be available for maintenance, capital 
                        revitalization, and improvements of the 
                        real property assets and related 
                        personal property under the 
                        jurisdiction of the Administrator, and 
                        shall remain available until expended; 
                        and
                          (ii) the remaining 65 percent shall 
                        be available to the respective center 
                        or facility of the Administration 
                        engaged in the lease of nonexcess real 
                        property, and shall remain available 
                        until expended for maintenance, capital 
                        revitalization, and improvements of the 
                        real property assets and related 
                        personal property at the respective 
                        center or facility subject to the 
                        concurrence of the Administrator.
                  (C) No utilization for daily operating 
                costs.--Amounts utilized under subparagraph (B) 
                may not be utilized for daily operating costs.
    (c) Additional Terms and Conditions.--The Administrator may 
require such terms and conditions in connection with a lease 
under this section as the Administrator considers appropriate 
to protect the interests of the United States.
    (d) Relationship to Other Lease Authority.--The authority 
under this section to lease property of the Administration is 
in addition to any other authority to lease property of the 
Administration under law.
    (e) Lease Restrictions.--
          (1) No lease back or other contract.--The 
        Administration is not authorized to lease back property 
        under this section during the term of the out-lease or 
        enter into other contracts with the lessee respecting 
        the property.
          (2) Certification that out-lease will not have 
        negative impact on mission.--The Administration is not 
        authorized to enter into an out-lease under this 
        section unless the Administrator certifies that the 
        out-lease will not have a negative impact on the 
        mission of the Administration.
    (f) Reporting Requirements.--The Administrator shall submit 
an annual report by January 31st of each year. The report shall 
include the following:
          (1) Value of arrangements and expenditures of 
        revenues.--Information that identifies and quantifies 
        the value of the arrangements and expenditures of 
        revenues received under this section.
          (2) Availability and use of funds for operating 
        plan.--The availability and use of funds received under 
        this section for the Administration's operating plan.
    (g) Sunset.--The authority to enter into leases under this 
section shall expire December 31, 2019. The expiration under 
this subsection of authority to enter into leases under this 
section shall not affect the validity or term of leases or the 
Administration's retention of proceeds from leases entered into 
under this section before the expiration of the authority.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3352; Pub. 
L. 112-55, div. B, title III, Nov. 18, 2011, 125 Stat. 626; 
Pub. L. 115-10, title VIII, Sec. 832, Mar. 21, 2017, 131 Stat. 
67; Pub. L. 115-403, Sec. 2, Dec. 31, 2018, 132 Stat. 5348.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20145................................  42 U.S.C. 2459j.                   Pub. L. 85-568, title III, Sec.  315,
                                                                           as added Pub. L. 108-7, div. K, title
                                                                           IV, Sec.  418, Feb. 20, 2003, 117
                                                                           Stat. 525; Pub. L. 110-161, div. B,
                                                                           title V, Sec.  533(a)-(e), Dec. 26,
                                                                           2007, 121 Stat. 1931; Pub. L. 110-
                                                                           422, title XI, Sec.  1117(c), (d),
                                                                           Oct. 15, 2008, 122 Stat. 4814.
----------------------------------------------------------------------------------------------------------------

    In subsection (f)(2), the word ``Administration's'' is 
substituted for ``Agency's'' for clarity.
    In subsection (g), the words ``10 years after December 26, 
2007'' are substituted for ``on the date that is ten years 
after the date of the enactment of the Commerce, Justice, 
Science, and Related Agencies Appropriations Act of 2008'' for 
consistency and to reflect the date of enactment of the 
Commerce, Justice, Science, and Related Agencies Appropriations 
Act, 2008 (Public Law 110-161, div. B, 121 Stat. 1884).

                               AMENDMENTS

    2018--Subsec. (g). Pub. L. 115-403 substituted ``December 
31, 2019'' for ``December 31, 2018''.
    2017--Subsec. (g). Pub. L. 115-10 substituted ``December 
31, 2018'' for ``10 years after December 26, 2007''.
    2011--Subsec. (b)(1). Pub. L. 112-55 designated existing 
provisions as subpar. (A) and added subpar. (B).

                          DEPOSIT OF PROCEEDS

    Pub. L. 113-6, div. B, title III, Mar. 26, 2013, 127 Stat. 
263, provided in part: ``That hereafter, notwithstanding 
section 315 of the National Aeronautics and Space Act of 1958 
(see 51 U.S.C. 20145), all proceeds from leases entered into 
under that section shall be deposited into this account [funds 
appropriated under the headings `NATIONAL AERONAUTICS AND SPACE 
ADMINISTRATION' and `CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE 
AND RESTORATION' of title III of div. B of Pub. L. 113-6]: 
Provided further, That such proceeds shall be available for a 
period of 5 years to the extent and in amounts as provided in 
annual appropriations Acts''.
    Similar provisions were contained in the following 
appropriation acts:
    Pub. L. 116-6, div. C, title III, Feb. 15, 2019, 133 Stat. 
123.
    Pub. L. 115-141, div. B, title III, Mar. 23, 2018, 132 
Stat. 431.
    Pub. L. 115-31, div. B, title III, May 5, 2017, 131 Stat. 
214.
    Pub. L. 114-113, div. B, title III, Dec. 18, 2015, 129 
Stat. 2317.
    Pub. L. 113-235, div. B, title III, Dec. 16, 2014, 128 
Stat. 2203.
    Pub. L. 113-76, div. B, title III, Jan. 17, 2014, 128 Stat. 
72.
    Pub. L. 112-55, div. B, title III, Nov. 18, 2011, 125 Stat. 
625.
    Pub. L. 111-117, div. B, title III, Dec. 16, 2009, 123 
Stat. 3144.

Sec. 20146. Retrocession of jurisdiction

    (a) Definition of State.--In this section, the term 
``State'' means any of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, the Northern Mariana 
Islands, and any other commonwealth, territory, or possession 
of the United States.
    (b) Relinquishing Legislative Jurisdiction.--
Notwithstanding any other provision of law, the Administrator 
may relinquish to a State all or part of the legislative 
jurisdiction of the United States over lands or interests under 
the control of the Administrator in that State.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3353.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20146................................  42 U.S.C. 2459k.                   Pub. L. 85-568, title III, Sec.  316,
                                                                           as added Pub. L. 109-155, title VII,
                                                                           Sec.  701, Dec. 30, 2005, 119 Stat.
                                                                           2935.
----------------------------------------------------------------------------------------------------------------

Sec. 20147. Recovery and disposition authority

    (a) Definitions.--In this section:
          (1) Administration human space flight vehicle.--The 
        term ``Administration human space flight vehicle'' 
        means a space vehicle, as defined in section 20138(a) 
        of this title, that--
                  (A) is intended to transport one or more 
                persons;
                  (B) is designed to operate in outer space; 
                and
                  (C) is either--
                          (i) owned by the Administration; or
                          (ii) owned by an Administration 
                        contractor or cooperating party and 
                        operated as part of an Administration 
                        mission or a joint mission with the 
                        Administration.
          (2) Crewmember.--The term ``crewmember'' means an 
        astronaut or other person assigned to an Administration 
        human space flight vehicle.
    Control of remains.--
          (1) In general.--Subject to paragraphs (2) and (3), 
        when there is an accident or mishap resulting in the 
        death of a crewmember of an Administration human space 
        flight vehicle, the Administrator may take control over 
        the remains of the crewmember and order autopsies and 
        other scientific or medical tests.
          (2) Treatment.--Each crewmember shall provide the 
        Administrator with the crewmember's preferences 
        regarding the treatment accorded to the crewmember's 
        remains and the Administrator shall, to the extent 
        possible, respect those stated preferences.
          (3) Construction.--This section shall not be 
        construed to permit the Administrator to interfere with 
        any Federal investigation of a mishap or accident.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3353.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20147................................  42 U.S.C. 2459l.                   Pub. L. 85-568, title III, Sec.  317,
                                                                           as added Pub. L. 109-155, title VII,
                                                                           Sec.  705, Dec. 30, 2005, 119 Stat.
                                                                           2936.
----------------------------------------------------------------------------------------------------------------

Sec. 20148. Indemnification; NASA launch services and reentry services

    (a) In General.--Under such regulations in conformity with 
this section as the Administrator shall prescribe taking into 
account the availability, cost, and terms of liability 
insurance, any contract between the Administration and a 
provider may provide that the United States will indemnify the 
provider against successful claims (including reasonable 
expenses of litigation or settlement) by third parties for 
death, bodily injury, or loss of or damage to property 
resulting from launch services and reentry services carried out 
under the contract that the contract defines as unusually 
hazardous or nuclear in nature, but only to the extent the 
total amount of successful claims related to the activities 
under the contract--
          (1) is more than the amount of insurance or 
        demonstration of financial responsibility described in 
        subsection (c)(3); and
          (2) is not more than the amount specified in section 
        50915(a)(1)(B).
    (b) Terms of Indemnification.--A contract made under 
subsection (a) that provides indemnification shall provide 
for--
          (1) notice to the United States of any claim or suit 
        against the provider for death, bodily injury, or loss 
        of or damage to property; and
          (2) control of or assistance in the defense by the 
        United States, at its election, of that claim or suit 
        and approval of any settlement.
    (c) Liability Insurance of the Provider.--
          (1) In General.--The provider under subsection (a) 
        shall obtain liability insurance or demonstrate 
        financial responsibility in amounts to compensate for 
        the maximum probable loss from claims by--
                  (A) a third party for death, bodily injury, 
                or property damage or loss resulting from a 
                launch service or reentry service carried out 
                under the contract; and
                  (B) the United States Government for damage 
                or loss to Government property resulting from a 
                launch service or reentry service carried out 
                under the contract.
          (2) Maximum probable losses.--
                  (A) In general.--The Administrator shall 
                determine the maximum probable losses under 
                subparagraphs (A) and (B) of paragraph (1) not 
                later than 90 days after the date that the 
                provider requests such a determination and 
                submits all information the Administrator 
                requires.
                  (B) Revisions.--The Administrator may revise 
                a determination under subparagraph (A) of this 
                paragraph if the Administrator determines the 
                revision is warranted based on new information.
          (3) Amount of Insurance.--For the total claims 
        related to one launch or reentry, a provider shall not 
        be required to obtain insurance or demonstrate 
        financial responsibility of more than--
                  (A) (A)(i) $500,000,000 under paragraph 
                (1)(A); or (ii) $100,000,000 under paragraph 
                (1)(B); or
                  (B) the maximum liability insurance available 
                on the world market at reasonable cost.
          (4) Coverage.--An insurance policy or demonstration 
        of financial responsibility under this subsection shall 
        protect the following, to the extent of their potential 
        liability for involvement in launch services or reentry 
        services:
                  (A) The Government.
                  (B) Personnel of the Government.
                  (C) Related entities of the Government.
                  (D) Related entities of the provider.
                  (E) Government astronauts.
    (d) No Indemnification Without Cross-Waiver.--
Notwithstanding subsection (a), the Administrator may not 
indemnify a provider under this section unless there is a 
cross-waiver between the Administration and the provider as 
described in subsection (e).
    (e) Cross-Waivers.--
          (1) In general.--The Administrator, on behalf of the 
        United States and its departments, agencies, and 
        instrumentalities, shall reciprocally waive claims with 
        a provider under which each party to the waiver agrees 
        to be responsible, and agrees to ensure that its 
        related entities are responsible, for damage or loss to 
        its property, or for losses resulting from any injury 
        or death sustained by its employees or agents, as a 
        result of activities arising out of the performance of 
        the contract.
          (2) Limitation.--The waiver made by the Government 
        under paragraph (1) shall apply only to the extent that 
        the claims are more than the amount of insurance or 
        demonstration of financial responsibility required 
        under subsection (c)(1)(B).
    (f) Willful Misconduct.--Indemnification under subsection 
(a) may exclude claims resulting from the willful misconduct of 
the provider or its related entities.
    (g) Certification of Just and Reasonable Amount.--No 
payment may be made under subsection (a) unless the 
Administrator or the Administrator's designee certifies that 
the amount is just and reasonable.
    (h) Payments.--
          (1) In general.--Upon the approval by the 
        Administrator, payments under subsection (a) may be 
        made from funds appropriated for such payments.
          (2) Limitation.--The Administrator shall not approve 
        payments under paragraph (1), except to the extent 
        provided in an appropriation law or to the extent 
        additional legislative authority is enacted providing 
        for such payments.
          (3) Additional appropriations.--If the Administrator 
        requests additional appropriations to make payments 
        under this subsection, then the request for those 
        appropriations shall be made in accordance with the 
        procedures established under section 50915.
    (i) Rules of Construction.--
          (1) In general.--The authority to indemnify under 
        this section shall not create any rights in third 
        persons that would not otherwise exist by law.
          (2) Other authority.--Nothing in this section may be 
        construed as prohibiting the Administrator from 
        indemnifying a provider or any other NASA contractor 
        under other law, including under Public Law 85-804 (50 
        U.S.C. 1431 et seq.).
          (3) Anti-deficiency act.--Notwithstanding any other 
        provision of this section--
                  (A) all obligations under this section are 
                subject to the availability of funds; and
                  (B) nothing in this section may be construed 
                to require obligation or payment of funds in 
                violation of sections 1341, 1342, 1349 through 
                1351, and 1511 through 1519 of title 31, United 
                States Code (commonly referred to as the 
                ``Anti-Deficiency Act'').
    (j) Relationship to Other Laws.--The Administrator may not 
provide indemnification under this section for an activity that 
requires a license or permit under chapter 509.
    (k) Definitions.--In this section:
          (1) Government astronaut.--The term ``government 
        astronaut'' has the meaning given the term in section 
        50902.
          (2) Launch services.--The term ``launch services''' 
        has the meaning given the term in section 50902.
          (3) Provider.--The term ``provider'' means a person 
        that provides domestic launch services or domestic 
        reentry services to the Government.
          (4) Reentry services.--The term ``reentry services''' 
        has the meaning given the term in section 50902.
          (5) Related entity.--The term ``related entity'' 
        means a contractor or subcontractor.
          (6) Third party.--The term ``third party'' means a 
        person except--
                  (A) the United States Government;
                  (B) related entities of the Government 
                involved in launch services or reentry 
                services;
                  (C) a provider;
                  (D) related entities of the provider involved 
                in launch services or reentry services; or (E) 
                a government astronaut.

(Added Pub. L. 115-10, title III, Sec. 305(a), Mar. 21, 2017, 
131 Stat. 30.)

                           REFERENCES IN TEXT

    Public Law 85-804, referred to in subsec. (i)(2), is Pub. 
L. 85-804, Aug. 28, 1958, 72 Stat. 972, which is classified 
generally to chapter 29 (Sec. 1431 et seq.) of Title 50, War 
and National Defense. For complete classification of this Act 
to the Code, see Tables.

Sec. 20149. Medical monitoring and research relating to human space 
                    flight

    (a) In General.--Notwithstanding any other provision of 
law, the Administrator may provide for--
          (1) the medical monitoring and diagnosis of a former 
        United States government astronaut or a former payload 
        specialist for conditions that the Administrator 
        considers potentially associated with human space 
        flight; and
          (2) the treatment of a former United States 
        government astronaut or a former payload specialist for 
        conditions that the Administrator considers associated 
        with human space flight, including scientific and 
        medical tests for psychological and medical conditions.
    (b) Requirements.--
          (1) No cost sharing.--The medical monitoring, 
        diagnosis, or treatment described in subsection (a) 
        shall be provided without any deductible, copayment, or 
        other cost sharing obligation.
          (2) Access to local services.--The medical 
        monitoring, diagnosis, and treatment described in 
        subsection (a) may be provided by a local health care 
        provider if it is unadvisable due to the health of the 
        applicable former United States government astronaut or 
        former payload specialist for that former United States 
        government astronaut or former payload specialist to 
        travel to the Lyndon B. Johnson Space Center, as 
        determined by the Administrator.
          (3) Secondary payment.--Payment or reimbursement for 
        the medical monitoring, diagnosis, or treatment 
        described in subsection (a) shall be secondary to any 
        obligation of the United States Government or any third 
        party under any other provision of law or contractual 
        agreement to pay for or provide such medical 
        monitoring, diagnosis, or treatment. Any costs for 
        items and services that may be provided by the 
        Administrator for medical monitoring, diagnosis, or 
        treatment under subsection (a) that are not paid for or 
        provided under such other provision of law or 
        contractual agreement, due to the application of 
        deductibles, copayments, coinsurance, other cost 
        sharing, or otherwise, are reimbursable by the 
        Administrator on behalf of the former United States 
        government astronaut or former payload specialist 
        involved to the extent such items or services are 
        authorized to be provided by the Administrator for such 
        medical monitoring, diagnosis, or treatment under 
        subsection (a).
          (4) Conditional payment.--The Administrator may 
        provide for conditional payments for or provide medical 
        monitoring, diagnosis, or treatment described in 
        subsection (a) that is obligated to be paid for or 
        provided by the United States or any third party under 
        any other provision of law or contractual agreement to 
        pay for or provide such medical monitoring, diagnosis, 
        or treatment if--
                  (A) payment for (or the provision of) such 
                medical monitoring, diagnosis, or treatment 
                services has not been made (or provided) or 
                cannot reasonably be expected to be made (or 
                provided) promptly by the United States or such 
                third party, respectively; and
                  (B) such payment (or such provision of 
                services) by the Administrator is conditioned 
                on reimbursement by the United States or such 
                third party, respectively, for such medical 
                monitoring, diagnosis, or treatment.
    (c) Exclusions.--The Administrator may not--
          (1) provide for medical monitoring or diagnosis of a 
        former United States government astronaut or former 
        payload specialist under subsection (a) for any 
        psychological or medical condition that is not 
        potentially associated with human space flight;
          (2) provide for treatment of a former United States 
        government astronaut or former payload specialist under 
        subsection (a) for any psychological or medical 
        condition that is not associated with human space 
        flight; or
          (3) require a former United States government 
        astronaut or former payload specialist to participate 
        in the medical monitoring, diagnosis, or treatment 
        authorized under subsection (a).
    (d) Privacy.--Consistent with applicable provisions of 
Federal law relating to privacy, the Administrator shall 
protect the privacy of all medical records generated under 
subsection (a) and accessible to the Administration.
    (e) Regulations.--The Administrator shall promulgate such 
regulations as are necessary to carry out this section.
    (f) Definition of United States Government Astronaut.--In 
this section, the term ``United States government astronaut'' 
has the meaning given the term ``government astronaut'' in 
section 50902, except it does not include an individual who is 
an international partner astronaut.
    (g) Data Use and Disclosure.--The Administrator may use or 
disclose data acquired in the course of medical monitoring, 
diagnosis, or treatment of a former United States government 
astronaut or a former payload specialist under subsection (a), 
in accordance with subsection (d). Former United States 
government astronaut or former payload specialist participation 
in medical monitoring, diagnosis, or treatment under subsection 
(a) shall constitute consent for the Administrator to use or 
disclose such data.

(Added Pub. L. 115-10, title IV, Sec. 443(a), Mar. 21, 2017, 
131 Stat. 45.)

                             ANNUAL REPORTS

    Pub. L. 115-10, title IV, Sec. 443(c), Mar. 21, 2017, 131 
Stat. 47, provided that:
          ``(1) In general.--Each fiscal year, not later than 
        the date of submission of the President's annual budget 
        request for that fiscal year under section 1105 of 
        title 31, United States Code, the Administrator [of the 
        National Aeronautics and Space Administration] shall 
        publish a report, in accordance with applicable Federal 
        privacy laws, on the activities of the Administration 
        [National Aeronautics and Space Administration] under 
        section 20149 of title 51, United States Code.
          ``(2) Contents.--Each report under paragraph (1) 
        shall include a detailed cost accounting of the 
        Administration's activities under section 20149 of 
        title 51, United States Code, and a 5-year budget 
        estimate.
          ``(3) Submission to congress.--The Administrator 
        shall submit to the appropriate committees of Congress 
        [Committee on Science, Space, and Technology of the 
        House of Representatives and Committee on Commerce, 
        Science, and Transportation of the Senate] each report 
        under paragraph (1) not later than the date of 
        submission of the President's annual budget request for 
        that fiscal year under section 1105 of title 31, United 
        States Code.''

                        INSPECTOR GENERAL AUDIT

    Pub. L. 115-10, title IV, Sec. 443(f), Mar. 21, 2017, 131 
Stat. 47, provided that: ``The Inspector General of NASA 
[National Aeronautics and Space Administration] shall 
periodically audit or review, as the Inspector General 
considers necessary to prevent waste, fraud, and abuse, the 
activities of the Administration [National Aeronautics and 
Space Administration] under section 20149 of title 51, United 
States Code.''

                Subchapter IV--Upper Atmosphere Research

Sec. 20161. Congressional declaration of purpose and policy

    (a) Purpose.--The purpose of this subchapter is to 
authorize and direct the Administration to develop and carry 
out a comprehensive program of research, technology, and 
monitoring of the phenomena of the upper atmosphere so as to 
provide for an understanding of and to maintain the chemical 
and physical integrity of the Earth's upper atmosphere.
    (b) Policy.--Congress declares that it is the policy of the 
United States to undertake an immediate and appropriate 
research, technology, and monitoring program that will provide 
for understanding the physics and chemistry of the Earth's 
upper atmosphere.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3354.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20161................................  42 U.S.C. 2481.                    Pub. L. 85-568, title IV, Sec.  401,
                                                                           as added Pub. L. 94-39, Sec.  8, June
                                                                           19, 1975, 89 Stat. 222.
----------------------------------------------------------------------------------------------------------------

Sec. 20162. Definition of upper atmosphere

    In this subchapter, the term ``upper atmosphere'' means 
that portion of the Earth's sensible atmosphere above the 
troposphere.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3354.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20162................................  42 U.S.C. 2482.                    Pub. L. 85-568, title IV, Sec.  402,
                                                                           as added Pub. L. 94-39, Sec.  8, June
                                                                           19, 1975, 89 Stat. 222.
----------------------------------------------------------------------------------------------------------------

Sec. 20163. Program authorized

    (a) In General.--In order to carry out the purposes of this 
subchapter, the Administration, in cooperation with other 
Federal agencies, shall initiate and carry out a program of 
research, technology, monitoring, and other appropriate 
activities directed to understand the physics and chemistry of 
the upper atmosphere.
    (b) Activities.--In carrying out the provisions of this 
subchapter, the Administration shall--
          (1) arrange for participation by the scientific and 
        engineering community, of both the Nation's industrial 
        organizations and institutions of higher education, in 
        planning and carrying out appropriate research, in 
        developing necessary technology, and in making 
        necessary observations and measurements;
          (2) provide, by way of grant, contract, scholarships, 
        or other arrangements, to the maximum extent 
        practicable and consistent with other laws, for the 
        widest practicable and appropriate participation of the 
        scientific and engineering community in the program 
        authorized by this subchapter; and
          (3) make all results of the program authorized by 
        this subchapter available to the appropriate regulatory 
        agencies and provide for the widest practicable 
        dissemination of such results.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3354.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20163................................  42 U.S.C. 2483.                    Pub. L. 85-568, title IV, Sec.  403,
                                                                           as added Pub. L. 94-39, Sec.  8, June
                                                                           19, 1975, 89 Stat. 222.
----------------------------------------------------------------------------------------------------------------

Sec. 20164. International cooperation

    In carrying out the provisions of this subchapter, the 
Administration, subject to the direction of the President and 
after consultation with the Secretary of State, shall make 
every effort to enlist the support and cooperation of 
appropriate scientists and engineers of other countries and 
international organizations.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3355.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20164................................  42 U.S.C. 2484.                    Pub. L. 85-568, title IV, Sec.  404,
                                                                           as added Pub. L. 94-39, Sec.  8, June
                                                                           19, 1975, 89 Stat. 223.
----------------------------------------------------------------------------------------------------------------

                CHAPTER 203--RESPONSIBILITIES AND VISION

Sec.
20301. General responsibilities.
20302. Vision for space exploration.
20303. Contribution to innovation.
20304. Basic research enhancement.
20305. National Academies decadal surveys.

Sec. 20301. General responsibilities

    (a) Programs.--The Administrator shall ensure that the 
Administration carries out a balanced set of programs that 
shall include, at a minimum, programs in--
          (1) human space flight, in accordance with section 
        20302 of this title;
          (2) aeronautics research and development; and
          (3) scientific research, which shall include, at a 
        minimum--
                  (A) robotic missions to study the Moon and 
                other planets and their moons, and to deepen 
                understanding of astronomy, astrophysics, and 
                other areas of science that can be productively 
                studied from space;
                  (B) Earth science research and research on 
                the Sun-Earth connection through the 
                development and operation of research 
                satellites and other means;
                  (C) support of university research in space 
                science, Earth science, and microgravity 
                science; and
                  (D) research on microgravity, including 
                research that is not directly related to human 
                exploration.
    (b) Consultation and Coordination.--In carrying out the 
programs of the Administration, the Administrator shall--
          (1) consult and coordinate to the extent appropriate 
        with other relevant Federal agencies, including through 
        the National Science and Technology Council;
          (2) work closely with the private sector, including 
        by--
                  (A) encouraging the work of entrepreneurs who 
                are seeking to develop new means to launch 
                satellites, crew, or cargo;
                  (B) contracting with the private sector for 
                crew and cargo services, including to the 
                International Space Station, to the extent 
                practicable;
                  (C) using commercially available products 
                (including software) and services to the extent 
                practicable to support all Administration 
                activities; and
                  (D) encouraging commercial use and 
                development of space to the greatest extent 
                practicable; and
          (3) involve other nations to the extent appropriate.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3355.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20301................................  42 U.S.C. 16611(a).                Pub. L. 109-155, title I, Sec.  101,
                                                                           Dec. 30, 2005, 119 Stat. 2897.
----------------------------------------------------------------------------------------------------------------

FUNDING FOR ORION, SPACE LAUNCH SYSTEM, EXPLORATION GROUND SYSTEMS, AND 
                        MOBILE LAUNCH PLATFORMS

    Pub. L. 115-141, div. B, title III, Mar. 23, 2018, 132 
Stat. 430, provided: ``That acquisition of Orion crew vehicles, 
SLS launch vehicles, Exploration Ground Systems, mobile launch 
platforms, and their associated components may be funded 
incrementally in fiscal year 2018 and thereafter''.

       SPACE LAUNCH SYSTEM, ORION, AND EXPLORATION GROUND SYSTEMS

    Pub. L. 115-10, title IV, Sec. 421, Mar. 21, 2017, 131 
Stat. 35, provided that:
    ``(a) Findings.--Congress makes the following findings:
          ``(1) NASA has made steady progress in developing and 
        testing the Space Launch System and Orion exploration 
        systems with the successful Exploration Flight Test of 
        Orion in December of 2014, the final qualification test 
        firing of the 5-segment Space Launch System boosters in 
        June 2016, and a full thrust, full duration test firing 
        of the RS-25 Space Launch System core stage engine in 
        August 2016.
          ``(2) Through the 21st Century Launch Complex program 
        and Exploration Ground Systems programs, NASA has made 
        significant progress in transforming exploration ground 
        systems infrastructure to meet NASA's mission 
        requirements for the Space Launch System and Orion and 
        to modernize NASA's launch complexes to the benefit of 
        the civil, defense, and commercial space sectors.
    ``(b) Space Launch System.--
          ``(1) Sense of congress.--It is the sense of Congress 
        that use of the Space Launch System and Orion, with 
        contributions from partnerships with the private 
        sector, academia, and the international community, is 
        the most practical approach to reaching the Moon, Mars, 
        and beyond.
          ``(2) Reaffirmation.--Congress reaffirms the policy 
        and minimum capability requirements for the Space 
        Launch System under section 302 of the National 
        Aeronautics and Space Administration Authorization Act 
        of 2010 (42 U.S.C. 18322).
    ``(c) Sense of Congress on Space Launch System, Orion, and 
Exploration Ground Systems.--It is the sense of Congress that--
          ``(1) as the United States works to send humans on a 
        series of missions to Mars in the 2030s, the United 
        States national space program should continue to make 
        progress on its commitment by fully developing the 
        Space Launch System, Orion, and related Exploration 
        Ground Systems;
          ``(2) using the Space Launch System and Orion for a 
        wide range of contemplated missions will facilitate the 
        national defense, science, and exploration objectives 
        of the United States;
          ``(3) the United States should have continuity of 
        purpose for the Space Launch System and Orion in deep 
        space exploration missions, using them beginning with 
        the uncrewed mission, EM-1, planned for 2018, followed 
        by the crewed mission, EM-2, in cis-lunar space planned 
        for 2021, and for subsequent missions beginning with 
        EM-3 extending into cis-lunar space and eventually to 
        Mars;
          ``(4) the President's annual budget requests for the 
        Space Launch System and Orion development, test, and 
        operational phases should strive to accurately reflect 
        the resource requirements of each of those phases;
          ``(5) the fully integrated Space Launch System, 
        including an upper stage needed to go beyond low-Earth 
        orbit, will safely enable human space exploration of 
        the Moon, Mars, and beyond; and
          ``(6) the Administrator should budget for and 
        undertake a robust ground test and uncrewed and crewed 
        flight test and demonstration program for the Space 
        Launch System and Orion in order to promote safety and 
        reduce programmatic risk.
    ``(d) In General.--The Administrator shall continue the 
development of the fully integrated Space Launch System, 
including an upper stage needed to go beyond low-Earth orbit, 
in order to safely enable human space exploration of the Moon, 
Mars, and beyond over the course of the next century as 
required in section 302(c) of the National Aeronautics and 
Space Administration Authorization Act of 2010 (42 U.S.C. 
18322(c)).
    ``(e) Report.--
          ``(1) In general.--Not later than 60 days after the 
        date of enactment of this Act [Mar. 21, 2017], the 
        Administrator shall submit to the appropriate 
        committees of Congress a report addressing the ability 
        of Orion to meet the needs and the minimum capability 
        requirements described in section 303(b)(3) of the 
        National Aeronautics and Space Administration 
        Authorization Act of 2010 (42 U.S.C. 18323(b)(3)).
          ``(2) Contents.--The report shall detail--
                  ``(A) those components and systems of Orion 
                that ensure it is in compliance with section 
                303(b)(3) of that Act (42 U.S.C. 18323(b)(3));
                  ``(B) the expected date that Orion, 
                integrated with a vehicle other than the Space 
                Launch System, could be available to transport 
                crew and cargo to the ISS;
                  ``(C) any impacts to the deep space 
                exploration missions under subsection (f) of 
                this section due to enabling Orion to meet the 
                minimum capability requirements described in 
                section 303(b)(3) of that Act (42 U.S.C. 
                18323(b)(3)) and conducting the mission 
                described in subparagraph (B) of this 
                paragraph; and
                  ``(D) the overall cost and schedule impacts 
                associated with enabling Orion to meet the 
                minimum capability requirements described in 
                section 303(b)(3) of that Act (42 U.S.C. 
                18323(b)(3)) and conducting the mission 
                described in subparagraph (B) of this 
                paragraph.
    ``(f) Exploration Missions.--The Administrator shall 
continue development of--
          ``(1) an uncrewed exploration mission to demonstrate 
        the capability of both the Space Launch System and 
        Orion as an integrated system by 2018;
          ``(2) subject to applicable human rating processes 
        and requirements, a crewed exploration mission to 
        demonstrate the Space Launch System, including the Core 
        Stage and Exploration Upper Stages, by 2021;
          ``(3) subsequent missions beginning with EM-3 at 
        operational flight rate sufficient to maintain safety 
        and operational readiness using the Space Launch System 
        and Orion to extend into cis-lunar space and eventually 
        to Mars; and
          ``(4) a deep space habitat as a key element in a deep 
        space exploration architecture along with the Space 
        Launch System and Orion.
    ``(g) Other Uses.--The Administrator shall assess the 
utility of the Space Launch System for use by the science 
community and for other Federal Government launch needs, 
including consideration of overall cost and schedule savings 
from reduced transit times and increased science returns 
enabled by the unique capabilities of the Space Launch System.
    ``(h) Utilization Report.--
          ``(1) In general.--The Administrator, in consultation 
        with the Secretary of Defense and the Director of 
        National Intelligence, shall prepare a report that 
        addresses the effort and budget required to enable and 
        utilize a cargo variant of the 130-ton Space Launch 
        System configuration described in section 302(c) of the 
        National Aeronautics and Space Administration 
        Authorization Act of 2010 (42 U.S.C. 18322(c)).
          ``(2) Contents.--In preparing the report, the 
        Administrator shall--
                  ``(A) consider the technical requirements of 
                the scientific and national security 
                communities related to a cargo variant of the 
                Space Launch System; and
                  ``(B) directly assess the utility and 
                estimated cost savings obtained by using a 
                cargo variant of the Space Launch System for 
                national security and space science missions.
          ``(3) Submission to congress.--Not later than 180 
        days after the date of enactment of this Act [Mar. 21, 
        2017], the Administrator shall submit the report to the 
        appropriate committees of Congress.'' [For definitions 
        of terms used in section 421 of Pub. L. 115-10, set out 
        above, see section 2 of Pub. L. 115-10, set out as a 
        note under section 10101 of this title.]

             MAINTAINING A BALANCED SPACE SCIENCE PORTFOLIO

    Pub. L. 115-10, title V, Sec. 501, Mar. 21, 2017, 131 Stat. 
48, provided that:
    ``(a) Sense of Congress on Science Portfolio.--Congress 
reaffirms the sense of Congress that--
          ``(1) a balanced and adequately funded set of 
        activities, consisting of research and analysis grant 
        programs, technology development, suborbital research 
        activities, and small, medium, and large space 
        missions, contributes to a robust and productive 
        science program and serves as a catalyst for innovation 
        and discovery; and
          ``(2) the Administrator [of the National Aeronautics 
        and Space Administration] should set science priorities 
        by following the guidance provided by the scientific 
        community through the National Academies of Sciences, 
        Engineering, and Medicine's decadal surveys.
    ``(b) Policy.--It is the policy of the United States to 
ensure, to the extent practicable, a steady cadence of large, 
medium, and small science missions.''

                           PLANETARY SCIENCE

    Pub. L. 115-10, title V, Sec. 502, Mar. 21, 2017, 131 Stat. 
48, provided that:
    ``(a) Findings.--Congress finds that--
          ``(1) Administration [National Aeronautics and Space 
        Administration] support for planetary science is 
        critical to enabling greater understanding of the solar 
        system and the origin of the Earth;
          ``(2) the United States leads the world in planetary 
        science and can augment its success in that area with 
        appropriate international, academic, and industry 
        partnerships;
          ``(3) a mix of small, medium, and large planetary 
        science missions is required to sustain a steady 
        cadence of planetary exploration; and
          ``(4) robotic planetary exploration is a key 
        component of preparing for future human exploration.
    ``(b) Mission Priorities.--
          ``(1) In general.--In accordance with the priorities 
        established in the most recent Planetary Science 
        Decadal Survey, the Administrator [of the National 
        Aeronautics and Space Administration] shall ensure, to 
        the greatest extent practicable, the completion of a 
        balanced set of Discovery, New Frontiers, and Flagship 
        missions at the cadence recommended by the most recent 
        Planetary Science Decadal Survey.
          ``(2) Mission priority adjustments.--Consistent with 
        the set of missions described in paragraph (1), and 
        while maintaining the continuity of scientific data and 
        steady development of capabilities and technologies, 
        the Administrator may seek, if necessary, adjustments 
        to mission priorities, schedule, and scope in light of 
        changing budget projections.''

                 EXTRASOLAR PLANET EXPLORATION STRATEGY

    Pub. L. 115-10, title V, Sec. 508, Mar. 21, 2017, 131 Stat. 
50, provided that:
    ``(a) Strategy.--
          ``(1) In general.--The Administrator [of the National 
        Aeronautics and Space Administration] shall enter into 
        an arrangement with the National Academies to develop a 
        science strategy for the study and exploration of 
        extrasolar planets, including the use of the Transiting 
        Exoplanet Survey Satellite, the James Webb Space 
        Telescope, a potential Wide-Field Infrared Survey 
        Telescope mission, or any other telescope, spacecraft, 
        or instrument, as appropriate.
          ``(2) Requirements.--The strategy shall--
                  ``(A) outline key scientific questions;
                  ``(B) identify the most promising research in 
                the field;
                  ``(C) indicate the extent to which the 
                mission priorities in existing decadal surveys 
                address the key extrasolar planet research and 
                exploration goals;
                  ``(D) identify opportunities for coordination 
                with international partners, commercial 
                partners, and not-for-profit partners; and
                  ``(E) make recommendations regarding the 
                activities under subparagraphs (A) through (D), 
                as appropriate.
    ``(b) Use of Strategy.--The Administrator shall use the 
strategy--
          ``(1) to inform roadmaps, strategic plans, and other 
        activities of the Administration [National Aeronautics 
        and Space Administration] as they relate to extrasolar 
        planet research and exploration; and
          ``(2) to provide a foundation for future activities 
        and initiatives related to extrasolar planet research 
        and exploration.
    ``(c) Report to Congress.--Not later than 18 months after 
the date of enactment of this Act [Mar. 21, 2017], the National 
Academies shall submit to the Administrator and to the 
appropriate committees of Congress [Committee on Science, 
Space, and Technology of the House of Representatives and 
Committee on Commerce, Science, and Transportation of the 
Senate] a report containing the strategy developed under 
subsection (a).''

                         ASTROBIOLOGY STRATEGY

    Pub. L. 115-10, title V, Sec. 509, Mar. 21, 2017, 131 Stat. 
50, provided that:
    ``(a) Strategy.--
          ``(1) In general.--The Administrator [of the National 
        Aeronautics and Space Administration] shall enter into 
        an arrangement with the National Academies to develop a 
        science strategy for astrobiology that would outline 
        key scientific questions, identify the most promising 
        research in the field, and indicate the extent to which 
        the mission priorities in existing decadal surveys 
        address the search for life's origin, evolution, 
        distribution, and future in the Universe.
          ``(2) Recommendations.--The strategy shall include 
        recommendations for coordination with international 
        partners.
    ``(b) Use of Strategy.--The Administrator shall use the 
strategy developed under subsection (a) in planning and funding 
research and other activities and initiatives in the field of 
astrobiology.
    ``(c) Report to Congress.--Not later than 18 months after 
the date of enactment of this Act [Mar. 21, 2017], the National 
Academies shall submit to the Administrator and to the 
appropriate committees of Congress [Committee on Science, 
Space, and Technology of the House of Representatives and 
Committee on Commerce, Science, and Transportation of the 
Senate] a report containing the strategy developed under 
subsection (a).''

               SPACE TECHNOLOGY RESEARCH AND DEVELOPMENT

    Pub. L. 115-10, title VII, Sec. Sec. 701, 702, Mar. 21, 
2017, 131 Stat. 56, 57 provided that:

``SEC. 701. SPACE TECHNOLOGY INFUSION.

    ``(a) Sense of Congress on Space Technology.--It is the 
sense of Congress that space technology is critical--
          ``(1) to developing technologies and capabilities 
        that will make the Administration [National Aeronautics 
        and Space Administration]'s core missions more 
        affordable and more reliable;
          ``(2) to enabling a new class of Administration 
        missions beyond low-Earth orbit; and
          ``(3) to improving technological capabilities and 
        promote innovation for the Administration and the 
        Nation.
    ``(b) Sense of Congress on Propulsion Technology.--It is 
the sense of Congress that advancing propulsion technology 
would improve the efficiency of trips to Mars and could shorten 
travel time to Mars, reduce astronaut health risks, and reduce 
radiation exposure, consumables, and mass of materials required 
for the journey.
    ``(c) Policy.--It is the policy of the United States that 
the Administrator [of the National Aeronautics and Space 
Administration] shall develop technologies to support the 
Administration's core missions, as described in section 2(3) of 
the National Aeronautics and Space Administration Authorization 
Act of 2010 (42 U.S.C. 18301(3)), and support sustained 
investments in early stage innovation, fundamental research, 
and technologies to expand the boundaries of the national 
aerospace enterprise.
    ``(d) Propulsion Technologies.--A goal of propulsion 
technologies developed under subsection (c) shall be to 
significantly reduce human travel time to Mars.

``SEC. 702. SPACE TECHNOLOGY PROGRAM.

    ``(a) Space Technology Program Authorized.--The 
Administrator [of the National Aeronautics and Space 
Administration] shall conduct a space technology program 
(referred to in this section as the `Program') to research and 
develop advanced space technologies that could deliver 
innovative solutions across the Administration [National 
Aeronautics and Space Administration]'s space exploration and 
science missions.
    ``(b) Considerations.--In conducting the Program, the 
Administrator shall consider--
          ``(1) the recommendations of the National Academies' 
        review of the Administration's Space Technology 
        roadmaps and priorities; and
          ``(2) the applicable enabling aspects of the stepping 
        stone approach to exploration under section 70504 of 
        title 51, United States Code.
    ``(c) Requirements.--In conducting the Program, the 
Administrator shall--
          ``(1) to the extent practicable, use a competitive 
        process to select research and development projects;
          ``(2) to the extent practicable and appropriate, use 
        small satellites and the Administration's suborbital 
        and ground-based platforms to demonstrate space 
        technology concepts and developments; and
          ``(3) as appropriate, partner with other Federal 
        agencies, universities, private industry, and foreign 
        countries.
    ``(d) Small Business Programs.--The Administrator shall 
organize and manage the Administration's Small Business 
Innovation Research Program and Small Business Technology 
Transfer Program within the Program.
    ``(e) Nonduplication Certification.--The Administrator 
shall submit a budget for each fiscal year, as transmitted to 
Congress under section 1105(a) of title 31, United States Code, 
that avoids duplication of projects, programs, or missions 
conducted by [the] Program with other projects, programs, or 
missions conducted by another office or directorate of the 
Administration.
    ``(f) Collaboration, Coordination, and Alignment.--
          ``(1) In general.--The Administrator shall--
                  ``(A) ensure that the Administration's 
                projects, programs, and activities in support 
                of technology research and development of 
                advanced space technologies are fully 
                coordinated and aligned;
                  ``(B) ensure that the results [of] the 
                projects, programs, and activities under 
                subparagraph (A) are shared and leveraged 
                within the Administration; and
                  ``(C) ensure that the organizational 
                responsibility for research and development 
                activities in support of human space 
                exploration not initiated as of the date of 
                enactment of this Act [Mar. 21, 2017] is 
                established on the basis of a sound rationale.
          ``(2) Sense of congress.--It is the sense of Congress 
        that projects, programs, and missions being conducted 
        by the Human Exploration and Operations Mission 
        Directorate in support of research and development of 
        advanced space technologies and systems focusing on 
        human space exploration should continue in that 
        Directorate.
    ``(g) Report.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall provide to the 
appropriate committees of Congress a report--
          ``(1) comparing the Administration's space technology 
        investments with the high-priority technology areas 
        identified by the National Academies in the National 
        Research Council's report on the Administration's Space 
        Technology Roadmaps; and
          ``(2) including--
                  ``(A) identification of how the 
                Administration will address any gaps between 
                the agency's investments and the recommended 
                technology areas, including a projection of 
                funding requirements; and ''
                  (B) identification of the rationale described 
                in subsection (f)(1)(C).
    ``(h) Annual Report.--The Administrator shall include in 
the Administration's annual budget request for each fiscal year 
the rationale for assigning organizational responsibility for, 
in the year prior to the budget fiscal year, each initiated 
project, program, and mission focused on research and 
development of advanced technologies for human space 
exploration.''

Sec. 20302. Vision for space exploration

    (a) In General.--The Administrator shall establish a 
program to develop a sustained human presence in cis-lunar 
space or on the Moon, including a robust precursor program, to 
promote exploration, science, commerce, and United States 
preeminence in space, and as a stepping-stone to future 
exploration of Mars and other destinations. The Administrator 
is further authorized to develop and conduct appropriate 
international collaborations in pursuit of these goals.
    (b) Future Exploration of Mars.--The Administrator shall 
manage human space flight programs, including the Space Launch 
System and Orion, to enable humans to explore Mars and other 
destinations by defining a series of sustainable steps and 
conducting mission planning, research, and technology 
development on a timetable that is technically and fiscally 
possible, consistent with section 70504.
    (c) Definitions.--In this section:
          (1) Orion.--The term ``Orion'' means the multipurpose 
        crew vehicle described under section 303 of the 
        National Aeronautics and Space Administration 
        Authorization Act of 2010 (42 U.S.C. 18323).
          (2) Space launch system.--The term ``Space Launch 
        System'' means has the meaning given the term in 
        section 3 of the National Aeronautics and Space 
        Administration Authorization Act of 2010 (42 U.S.C. 
        18302).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3356; Pub. 
L. 115-10, title IV, Sec. 413, Mar. 21, 2017, 131 Stat. 33.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20302................................  42 U.S.C. 16611(b).                Pub. L. 109-155, title I, Sec.
                                                                           101(b), Dec. 30, 2005, 119 Stat.
                                                                           2898.
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2017--Subsec. (a). Pub. L. 115-10, Sec. 413(1), inserted 
``in cis-lunar space or'' after ``sustained human presence''.
    Subsec. (b). Pub. L. 115-10, Sec. 413(2), amended subsec. 
(b) generally. Prior to amendment, text read as follows: ``The 
Administrator shall manage human space flight programs to 
strive to achieve the following milestones (in conformity with 
section 70502 of this title):
          ``(1) Returning Americans to the Moon no later than 
        2020.
          ``(2) Launching the Crew Exploration Vehicle as close 
        to 2010 as possible.
          ``(3) Increasing knowledge of the impacts of long 
        duration stays in space on the human body using the 
        most appropriate facilities available, including the 
        International Space Station.
          ``(4) Enabling humans to land on and return from Mars 
        and other destinations on a timetable that is 
        technically and fiscally possible.''

Subsec. (c). Pub. L. 115-10, Sec. 413(3), added subsec. (c).

                        HUMAN SPACE EXPLORATION

    Pub. L. 115-10, title IV, Sec. Sec. 431, 432, Mar. 21, 
2017, 131 Stat. 38, provided that:

``SEC. 431. FINDINGS ON HUMAN SPACE EXPLORATION.

    ``Congress makes the following findings:
          ``(1) In accordance with section 204 of the National 
        Aeronautics and Space Administration Authorization Act 
        of 2010 (124 Stat. 2813), the National Academies of 
        Sciences, Engineering, and Medicine, through its 
        Committee on Human Spaceflight, conducted a review of 
        the goals, core capabilities, and direction of human 
        space flight, and published the findings and 
        recommendations in a 2014 report entitled, `Pathways to 
        Exploration: Rationales and Approaches for a U.S. 
        Program of Human Space Exploration'.
          ``(2) The Committee on Human Spaceflight included 
        leaders from the aerospace, scientific, security, and 
        policy communities.
          ``(3) With input from the public, the Committee on 
        Human Spaceflight concluded that many practical and 
        aspirational rationales for human space flight together 
        constitute a compelling case for continued national 
        investment and pursuit of human space exploration 
        toward the horizon goal of Mars.
          ``(4) According to the Committee on Human 
        Spaceflight, the rationales include economic benefits, 
        national security, national prestige, inspiring 
        students and other citizens, scientific discovery, 
        human survival, and a sense of shared destiny.
          ``(5) The Committee on Human Spaceflight affirmed 
        that Mars is the appropriate long-term goal for the 
        human space flight program.
          ``(6) The Committee on Human Spaceflight recommended 
        that NASA define a series of sustainable steps and 
        conduct mission planning and technology development as 
        needed to achieve the long-term goal of placing humans 
        on the surface of Mars.
          ``(7) Expanding human presence beyond low-Earth orbit 
        and advancing toward human missions to Mars requires 
        early planning and timely decisions to be made in the 
        near-term on the necessary courses of action for 
        commitments to achieve short-term and long-term goals 
        and objectives.
          ``(8) In addition to the 2014 report described in 
        paragraph (1), there are several independently 
        developed reports or concepts that describe potential 
        Mars architectures or concepts and identify Mars as the 
        long-term goal for human space exploration, including 
        NASA's `The Global Exploration Roadmap' of 2013, 
        `NASA's Journey to Mars-Pioneering Next Steps in Space 
        Exploration' of 2015, NASA Jet Propulsion Laboratory's 
        `Minimal Architecture for Human Journeys to Mars' of 
        2015, and Explore Mars' `The Humans to Mars Report 
        2016'.

``SEC. 432. HUMAN EXPLORATION ROADMAP.

    ``(a) Sense of Congress.--It is the sense of Congress 
that--
          ``(1) expanding human presence beyond low-Earth orbit 
        and advancing toward human missions to Mars in the 
        2030s requires early strategic planning and timely 
        decisions to be made in the near-term on the necessary 
        courses of action for commitments to achieve short-term 
        and long-term goals and objectives;
          ``(2) for strong and sustained United States 
        leadership, a need exists to advance a human 
        exploration roadmap, addressing exploration objectives 
        in collaboration with international, academic, and 
        industry partners;
          ``(3) an approach that incrementally advances toward 
        a long-term goal is one in which nearer-term 
        developments and implementation would influence future 
        development and implementation; and
          ``(4) a human exploration roadmap should begin with 
        low-Earth orbit, then address in greater detail 
        progress beyond low-Earth orbit to cis-lunar space, and 
        then address future missions aimed at human arrival and 
        activities near and then on the surface of Mars.
    ``(b) Human Exploration Roadmap.--
          ``(1) In general.--The Administrator shall develop a 
        human exploration roadmap, including a critical 
        decision plan, to expand human presence beyond low-
        Earth orbit to the surface of Mars and beyond, 
        considering potential interim destinations such as cis-
        lunar space and the moons of Mars.
          ``(2) Scope.--The human exploration roadmap shall 
        include--
                  ``(A) an integrated set of exploration, 
                science, and other goals and objectives of a 
                United States human space exploration program 
                to achieve the long-term goal of human missions 
                near or on the surface of Mars in the 2030s;
                  ``(B) opportunities for international, 
                academic, and industry partnerships for 
                exploration-related systems, services, 
                research, and technology if those opportunities 
                provide cost-savings, accelerate program 
                schedules, or otherwise benefit the goals and 
                objectives developed under subparagraph (A);
                  ``(C) sets and sequences of precursor 
                missions in cis-lunar space and other missions 
                or activities necessary--
                          ``(i) to demonstrate the proficiency 
                        of the capabilities and technologies 
                        identified under subparagraph (D); and
                          ``(ii) to meet the goals and 
                        objectives developed under subparagraph 
                        (A), including anticipated timelines 
                        and missions for the Space Launch 
                        System and Orion;
                  ``(D) an identification of the specific 
                capabilities and technologies, including the 
                Space Launch System, Orion, a deep space 
                habitat, and other capabilities, that 
                facilitate the goals and objectives developed 
                under subparagraph (A);
                  ``(E) a description of how cis-lunar 
                elements, objectives, and activities advance 
                the human exploration of Mars;
                  ``(F) an assessment of potential human health 
                and other risks, including radiation exposure;
                  ``(G) mitigation plans, whenever possible, to 
                address the risks identified in subparagraph 
                (F);
                  ``(H) a description of those technologies 
                already under development across the Federal 
                Government or by other entities that facilitate 
                the goals and objectives developed under 
                subparagraph (A);
                  ``(I) a specific process for the evolution of 
                the capabilities of the fully integrated Orion 
                with the Space Launch System and a description 
                of how these systems facilitate the goals and 
                objectives developed under subparagraph (A) and 
                demonstrate the capabilities and technologies 
                described in subparagraph (D);
                  ``(J) a description of the capabilities and 
                technologies that need to be demonstrated or 
                research data that could be gained through the 
                utilization of the ISS and the status of the 
                development of such capabilities and 
                technologies;
                  ``(K) a framework for international 
                cooperation in the development of all 
                capabilities and technologies identified under 
                this section, including an assessment of the 
                risks posed by relying on international 
                partners for capabilities and technologies on 
                the critical path of development;
                  ``(L) a process for partnering with 
                nongovernmental entities using Space Act 
                Agreements or other acquisition instruments for 
                future human space exploration; and
                  ``(M) include [sic] information on the 
                phasing of planned intermediate destinations, 
                Mars mission risk areas and potential risk 
                mitigation approaches, technology requirements 
                and phasing of required technology development 
                activities, the management strategy to be 
                followed, related ISS activities, planned 
                international collaborative activities, 
                potential commercial contributions, and other 
                activities relevant to the achievement of the 
                goal established in this section.
          ``(3) Considerations.--In developing the human 
        exploration roadmap, the Administrator shall consider--
                  ``(A) using key exploration capabilities, 
                namely the Space Launch System and Orion;
                  ``(B) using existing commercially available 
                technologies and capabilities or those 
                technologies and capabilities being developed 
                by industry for commercial purposes;
                  ``(C) establishing an organizational approach 
                to ensure collaboration and coordination among 
                NASA's Mission Directorates under section 821 
                [set out as a note under section 20111 of this 
                title], when appropriate, including to collect 
                and return to Earth a sample from the Martian 
                surface;
                  ``(D) building upon the initial uncrewed 
                mission, EM-1, and first crewed mission, EM-2, 
                of the Space Launch System and Orion to 
                establish a sustainable cadence of missions 
                extending human exploration missions into cis-
                lunar space, including anticipated timelines 
                and milestones;
                  ``(E) developing the robotic and precursor 
                missions and activities that will demonstrate, 
                test, and develop key technologies and 
                capabilities essential for achieving human 
                missions to Mars, including long-duration human 
                operations beyond low-Earth orbit, space suits, 
                solar electric propulsion, deep space habitats, 
                environmental control life support systems, 
                Mars lander and ascent vehicle, entry, descent, 
                landing, ascent, Mars surface systems, and in-
                situ resource utilization;
                  ``(F) demonstrating and testing 1 or more 
                habitat modules in cis-lunar space to prepare 
                for Mars missions;
                  ``(G) using public-private, firm fixed-price 
                partnerships, where practicable;
                  ``(H) collaborating with international, 
                academic, and industry partners, when 
                appropriate;
                  ``(I) any risks to human health and sensitive 
                onboard technologies, including radiation 
                exposure;
                  ``(J) any risks identified through research 
                outcomes under the NASA Human Research 
                Program's Behavioral Health Element; and
                  ``(K) the recommendations and ideas of 
                several independently developed reports or 
                concepts that describe potential Mars 
                architectures or concepts and identify Mars as 
                the long-term goal for human space exploration, 
                including the reports described under section 
                431.
          ``(4) Critical decision plan on human space 
        exploration.--As part of the human exploration roadmap, 
        the Administrator shall include a critical decision 
        plan--
                  ``(A) identifying and defining key decisions 
                guiding human space exploration priorities and 
                plans that need to be made before June 30, 
                2020, including decisions that may guide human 
                space exploration capability development, 
                precursor missions, long-term missions, and 
                activities;
                  ``(B) defining decisions needed to maximize 
                efficiencies and resources for reaching the 
                near, intermediate, and long-term goals and 
                objectives of human space exploration; and
                  ``(C) identifying and defining timelines and 
                milestones for a sustainable cadence of 
                missions beginning with EM-3 for the Space 
                Launch System and Orion to extend human 
                exploration from cis-lunar space to the surface 
                of Mars.
          ``(5) Reports.--
                  ``(A) Initial human exploration roadmap.--The 
                Administrator shall submit to the appropriate 
                committees of Congress--
                          ``(i) an initial human exploration 
                        roadmap, including a critical decision 
                        plan, before December 1, 2017; and
                          ``(ii) an updated human exploration 
                        roadmap periodically as the 
                        Administrator considers necessary but 
                        not less than biennially.
                  ``(B) Contents.--Each human exploration 
                roadmap under this paragraph shall include a 
                description of--
                          ``(i) the achievements and goals 
                        accomplished in the process of 
                        developing such capabilities and 
                        technologies during the 2-year period 
                        prior to the submission of the human 
                        exploration roadmap; and
                          ``(ii) the expected goals and 
                        achievements in the following 2-year 
                        period.
                  ``(C) Submission with budget.--Each human 
                exploration roadmap under this section shall be 
                included in the budget for that fiscal year 
                transmitted to Congress under section 1105(a) 
                of title 31, United States Code.''
    [For definitions of terms used in sections 431 and 432 of 
Pub. L. 115-10, set out above, see section 2 of Pub. L. 115-10, 
set out as a note under section 10101 of this title.]

Sec. 20303. Contribution to innovation

    (a) Participation in Interagency Activities.--The 
Administration shall be a full participant in any interagency 
effort to promote innovation and economic competitiveness 
through near-term and long-term basic scientific research and 
development and the promotion of science, technology, 
engineering, and mathematics education, consistent with the 
Administration's mission, including authorized activities.
    (b) Historic Foundation.--In order to carry out the 
participation described in subsection (a), the Administrator 
shall build on the historic role of the Administration in 
stimulating excellence in the advancement of physical science 
and engineering disciplines and in providing opportunities and 
incentives for the pursuit of academic studies in science, 
technology, engineering, and mathematics.
    (c) Balanced Science Program and Robust Authorization 
Levels.--The balanced science program authorized by section 
101(d) of the National Aeronautics and Space Administration 
Authorization Act of 2005 (42 U.S.C. 16611(d)) shall be an 
element of the contribution by the Administration to the 
interagency programs.
    (d) Annual Report.--
          (1) Requirement.--The Administrator shall submit to 
        Congress and the President an annual report describing 
        the activities conducted pursuant to this section, 
        including a description of the goals and the objective 
        metrics upon which funding decisions were made.
          (2) Content.--Each report submitted pursuant to 
        paragraph (1) shall include, with regard to science, 
        technology, engineering, and mathematics education 
        programs, at a minimum, the following:
                  (A) A description of each program.
                  (B) The amount spent on each program.
                  (C) The number of students or teachers served 
                by each program.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3356.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20303(a).............................  42 U.S.C. 16611a(a).               Pub. L. 110-69, title II, Sec.
                                                                           2001(a), (b), (c), (e), Aug. 9, 2007,
                                                                           121 Stat. 582.
20303(b).............................  42 U.S.C. 16611a(b).
20303(c).............................  42 U.S.C. 16611a(c).
20303(d).............................  42 U.S.C. 16611a(e).
----------------------------------------------------------------------------------------------------------------

                           REFERENCES IN TEXT

    Section 101(d) of the National Aeronautics and Space 
Administration Authorization Act of 2005 (42 U.S.C. 16611(d)), 
referred to in subsec. (c), is section 101(d) of Pub. L. 109-
155, title I, Dec. 30, 2005, 119 Stat. 2897, which was omitted 
from the Code following the enactment of this title by Pub. L. 
111-314.

INTERNATIONAL SPACE STATION'S CONTRIBUTION TO NATIONAL COMPETITIVENESS 
                              ENHANCEMENT

    Pub. L. 111-358, title II, Sec. 204, Jan. 4, 2011, 124 
Stat. 3994, provided that:
    ``(a) Sense of Congress.--It is the sense of the Congress 
that the International Space Station represents a valuable and 
unique national asset which can be utilized to increase 
educational opportunities and scientific and technological 
innovation which will enhance the Nation's economic security 
and competitiveness in the global technology fields of 
endeavor. If the period for active utilization of the 
International Space Station is extended to at least the year 
2020, the potential for such opportunities and innovation would 
be increased. Efforts should be made to fully realize that 
potential.
    ``(b) Evaluation and Assessment of NASA's Interagency 
Contribution.--Pursuant to the authority provided in title II 
of the America COMPETES Act (Public Law 110-69 [see Tables for 
classification]), the Administrator [of NASA] shall evaluate 
and, where possible, expand efforts to maximize NASA's 
[National Aeronautics and Space Administration's] contribution 
to interagency efforts to enhance science, technology, 
engineering, and mathematics education capabilities, and to 
enhance the Nation's technological excellence and global 
competitiveness. The Administrator shall identify these 
enhancements in the annual reports required by section 2001(e) 
of that Act ([former] 42 U.S.C. 16611a(e)) [now 51 U.S.C. 
20303(d)].
    ``(c) Report to the Congress.--Within 120 days after the 
date of enactment of this Act [Jan. 4, 2011], the Administrator 
shall provide to the House of Representatives Committee on 
Science and Technology [now Committee on Science, Space, and 
Technology] and the Senate Committee on Commerce, Science, and 
Transportation a report on the assessment made pursuant to 
subsection (a). The report shall include--
          ``(1) a description of current and potential 
        activities associated with utilization of the 
        International Space Station which are supportive of the 
        goals of educational excellence and innovation and 
        competitive enhancement established or reaffirmed by 
        this Act [see Short Title of 2011 Amendment note set 
        out under section 1861 of Title 42, The Public Health 
        and Welfare], including a summary of the goals 
        supported, the number of individuals or organizations 
        participating in or benefiting from such activities, 
        and a summary of how such activities might be expanded 
        or improved upon;
          ``(2) a description of government and private 
        partnerships which are, or may be, established to 
        effectively utilize the capabilities represented by the 
        International Space Station to enhance United States 
        competitiveness, innovation and science, technology, 
        engineering, and mathematics education; and
          ``(3) a summary of proposed actions or activities to 
        be undertaken to ensure the maximum utilization of the 
        International Space Station to contribute to 
        fulfillment of the goals and objectives of this Act, 
        and the identification of any additional authority, 
        assets, or funding that would be required to support 
        such activities.''

Sec. 20304. Basic research enhancement

    (a) Definition of Basic Research.--In this section, the 
term ``basic research'' has the meaning given the term in 
Office of Management and Budget Circular No. A-11.
    (b) Coordination.--The Administrator, the Director of the 
National Science Foundation, the Secretary of Energy, the 
Secretary of Defense, and the Secretary of Commerce shall, to 
the extent practicable, coordinate basic research activities 
related to physical sciences, technology, engineering, and 
mathematics.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3357.)

                     Historical and Revision Notes

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

Sec. 20305. National Academies decadal surveys

    (a) In General.--The Administrator shall enter into 
agreements on a periodic basis with the National Academies for 
independent assessments, also known as decadal surveys, to take 
stock of the status and opportunities for Earth and space 
science discipline fields and Aeronautics research and to 
recommend priorities for research and programmatic areas over 
the next decade.
    (b) Independent Cost Estimates.--The agreements described 
in subsection (a) shall include independent estimates of the 
life cycle costs and technical readiness of missions assessed 
in the decadal surveys whenever possible.
    (c) Reexamination.--The Administrator shall request that 
each National Academies decadal survey committee identify any 
conditions or events, such as significant cost growth or 
scientific or technological advances, that would warrant the 
Administration asking the National Academies to reexamine the 
priorities that the decadal survey had established.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3357.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20305................................  42 U.S.C. 17823.                   Pub. L. 110-422, title XI, Sec.  1104,
                                                                           Oct. 15, 2008, 122 Stat. 4809.
----------------------------------------------------------------------------------------------------------------

     IMPLEMENTATION OF DECADAL SURVEY'S RECOMMENDED DECISION RULES

    Pub. L. 112-55, div. B, title III, Nov. 18, 2011, 125 Stat. 
622, provided in part: ``That NASA shall implement the 
recommendations of the most recent National Research Council 
planetary decadal survey and shall follow the decadal survey's 
recommended decision rules regarding program implementation, 
including a strict adherence to the recommendation that NASA 
include in a balanced program a flagship class mission, which 
may be executed in cooperation with one or more international 
partners, if such mission can be appropriately de-scoped and 
all NASA costs for such mission can be accommodated within the 
overall funding levels appropriated by Congress''.

SUBTITLE III OF TITLE 51, U.S.C.

SUBTITLE III OF TITLE 51, U.S.C.

                Subtitle III--Administrative Provisions

          CHAPTER 301--APPROPRIATIONS, BUDGETS, AND ACCOUNTING

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

Sec. 30101. Prior authorization of appropriations required

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

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3357.)

                     Historical and Revision Notes

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

    The word ``hereafter'' is omitted as unnecessary.

Sec. 30102. Working capital fund

    (a) Establishment.--There is hereby established in the 
United States Treasury an Administration working capital fund.
    (b) Availability of Amounts.--
          (1) In general.--Amounts in the fund are available 
        for financing activities, services, equipment, 
        information, and facilities as authorized by law to be 
        provided--
                  (A) within the Administration;
                  (B) to other agencies or instrumentalities of 
                the United States;
                  (C) to any State, territory, or possession or 
                political subdivision thereof;
                  (D) to other public or private agencies; or
                  (E) to any person, firm, association, 
                corporation, or educational institution on a 
                reimbursable basis.
          (2) Capital repairs.--The fund shall also be 
        available for the purpose of funding capital repairs, 
        renovations, rehabilitation, sustainment, demolition, 
        or replacement of Administration real property, on a 
        reimbursable basis within the Administration.
          (3) No fiscal year limitation.--Amounts in the fund 
        are available without regard to fiscal year limitation.
    (c) Contents.--The capital of the fund consists of--
          (1) amounts appropriated to the fund;
                  (2) the reasonable value of stocks of 
                supplies, equipment, and other assets and 
                inventories on order that the Administrator 
                transfers to the fund, less the related 
                liabilities and unpaid obligations;
                  (3) payments received for loss or damage to 
                property of the fund; and
                  (4) refunds or rebates received on an on-
                going basis from a credit card services 
                provider under the National Aeronautics and 
                Space Administration's credit card programs.
    (d) Reimbursement.--The fund shall be reimbursed, in 
advance, for supplies and services at rates that will 
approximate the expenses of operation, such as the accrual of 
annual leave, depreciation of plant, property, and equipment, 
and overhead.

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

                     Historical and Revision Notes

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

                               AMENDMENTS

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

Sec. 30103. Budgets

    (a) Categories.--The proposed budget for the Administration 
submitted by the President for each fiscal year shall be 
accompanied by documents showing--
          (1) by program--
                  (A) the budget for space operations, 
                including the International Space Station and 
                the space shuttle;
                  (B) the budget for exploration systems;
                  (C) the budget for aeronautics;
                  (D) the budget for space science;
                  (E) the budget for Earth science;
                  (F) the budget for microgravity science;
                  (G) the budget for education;
                  (H) the budget for safety oversight; and
                  (I) the budget for public relations;
          (2) the budget for technology transfer programs;
          (3) the budget for the Integrated Enterprise 
        Management Program, by individual element;
          (4) the budget for the Independent Technical 
        Authority, both total and by center;
          (5) the total budget for the prize program under 
        section 20144 of this title, and the administrative 
        budget for that program; and
          (6) the comparable figures for at least the 2 
        previous fiscal years for each item in the proposed 
        budget.
    (b) Additional Budget Information Upon Request by 
Committees.--The Administration shall make available, upon 
request from the Committee on Science and Technology of the 
House of Representatives or the Committee on Commerce, Science, 
and Transportation of the Senate--
          (1) information on corporate and center general and 
        administrative costs and service pool costs, 
        including--
                  (A) the total amount of funds being allocated 
                for those purposes for any fiscal year for 
                which the President has submitted an annual 
                budget request to Congress;
                  (B) the amount of funds being allocated for 
                those purposes for each center, for 
                headquarters, and for each directorate; and
                  (C) the major activities included in each 
                cost category; and
          (2) the figures on the amount of unobligated funds 
        and unexpended funds, by appropriations account--
                  (A) that remained at the end of the fiscal 
                year prior to the fiscal year in which the 
                budget is being presented that were carried 
                over into the fiscal year in which the budget 
                is being presented;
                  (B) that are estimated will remain at the end 
                of the fiscal year in which the budget is being 
                presented that are proposed to be carried over 
                into the fiscal year for which the budget is 
                being presented; and
                  (C) that are estimated will remain at the end 
                of the fiscal year for which the budget is 
                being presented.
    (c) Information in Annual Budget Justification.--The 
Administration shall provide, at a minimum, the following 
information in its annual budget justification:
          (1) The actual, current, proposed funding level, and 
        estimated budgets for the next 5 fiscal years by 
        directorate, theme, program, project and activity 
        within each appropriations account.
          (2) The proposed programmatic and non-programmatic 
        construction of facilities.
          (3) The budget for headquarters including--
                  (A) the budget by office, and any division 
                thereof, for the actual, current, proposed 
                funding level, and estimated budgets for the 
                next 5 fiscal years;
                  (B) the travel budget for each office, and 
                any division thereof, for the actual, current, 
                and proposed funding level; and
                  (C) the civil service full time equivalent 
                assignments per headquarters office, and any 
                division thereof, including the number of 
                Senior Executive Service, noncareer, detailee, 
                and contract personnel per office.
          (4) Within 14 days of the submission of the budget to 
        Congress an accompanying volume shall be provided to 
        the Committees on Appropriations containing the 
        following information for each center, facility managed 
        by any center, and federally funded research and 
        development center operated on behalf of the 
        Administration:
                  (A) The actual, current, proposed funding 
                level, and estimated budgets for the next 5 
                fiscal years by directorate, theme, program, 
                project, and activity.
                  (B) The proposed programmatic and non-
                programmatic construction of facilities.
                  (C) The number of civil service full time 
                equivalent positions per center for each 
                identified fiscal year.
                  (D) The number of civil service full time 
                equivalent positions considered to be uncovered 
                capacity at each location for each identified 
                fiscal year.
          (5) The proposed budget as designated by object class 
        for each directorate, theme, and program.
          (6) Sufficient narrative shall be provided to explain 
        the request for each program, project, and activity, 
        and an explanation for any deviation to previously 
        adopted baselines for all justification materials 
        provided to the Committees.
    (d) Estimate of Gross Receipts and Proposed Use of Funds 
Related To Lease of Property.--Each annual budget request shall 
include an annual estimate of gross receipts and collections 
and proposed use of all funds collected pursuant to section 
20145 of this title.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3358.)

                     Historical and Revision Notes

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

    In subsection (a)(5), the source law's reference to 
``section 104'' of the National Aeronautics and Space 
Administration Authorization Act of 2005 (Public Law 109-155, 
119 Stat. 2910) is translated as ``section 20144'' of title 51. 
Section 104 of the National Aeronautics and Space 
Administration Authorization Act of 2005 amended the National 
Aeronautics and Space Act of 1958 (Public Law 85-568, 72 Stat. 
426) by inserting a new section 314, which is restated as 
section 20144 of title 51.
    In subsection (b), in the matter before paragraph (1), the 
words ``Committee on Science and Technology'' are substituted 
for ``Committee on Science'' on authority of Rule X(1)(o) of 
the Rules of the House of Representatives, adopted by House 
Resolution No. 6 (110th Congress, January 5, 2007).
    In subsection (c), in the matter before paragraph (1), the 
words ``For fiscal year 2009 and hereafter'' are omitted as 
unnecessary.

                             CHANGE OF NAME

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

 ESTIMATES OF RECEIPTS AND COLLECTIONS AND PROPOSED USE OF FUNDS FROM 
                     LEASES OF NON-EXCESS PROPERTY

    Pub. L. 116-6, div. C, title III, Feb. 15, 2019, 133 Stat. 
123, provided in part: ``That each annual budget request shall 
include an annual estimate of gross receipts and collections 
and proposed use of all funds collected pursuant to section 
20145 of title 51, United States Code.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 115-141, div. B, title III, Mar. 23, 2018, 132 
Stat. 431.
    Pub. L. 115-31, div. B, title III, May 5, 2017, 131 Stat. 
214.
    Pub. L. 114-113, div. B, title III, Dec. 18, 2015, 129 
Stat. 2318.
    Pub. L. 113-235, div. B, title III, Dec. 16, 2014, 128 
Stat. 2203.
    Pub. L. 113-76, div. B, title III, Jan. 17, 2014, 128 Stat. 
72.
    Pub. L. 113-6, div. B, title III, Mar. 26, 2013, 127 Stat. 
263.
    Pub. L. 112-55, div. B, title III, Nov. 18, 2011, 125 Stat. 
625.
    Pub. L. 111-117, div. B, title III, Dec. 16, 2009, 123 
Stat. 3144.

                    TRANSMISSION OF BUDGET ESTIMATES

    Pub. L. 102-588, title II, Sec. 210, Nov. 4, 1992, 106 
Stat. 5115, provided that: ``The Administrator [of the National 
Aeronautics and Space Administration] shall, at the time of 
submission of the President's annual budget, transmit to the 
Congress--
          ``(1) a five-year budget detailing the estimated 
        development costs for each individual program under the 
        jurisdiction of the National Aeronautics and Space 
        Administration for which development costs are expected 
        to exceed $200,000,000; and
          ``(2) an estimate of the life-cycle costs associated 
        with each such program.'' Similar provisions were 
        contained in the following prior appropriation 
        authorization act: Pub. L. 102-195, Sec. 11, Dec. 9, 
        1991, 105 Stat. 1612.

Sec. 30104. Baselines and cost controls

    (a) Definitions.--In this section:
          (1) Development.--The term ``development'' means the 
        phase of a program following the formulation phase and 
        beginning with the approval to proceed to 
        implementation, as defined in the Administration's 
        Procedural Requirements 7120.5E, dated August 14, 2012.
          (2) Development cost.--The term ``development cost'' 
        means the total of all costs, including construction of 
        facilities and civil servant costs, from the period 
        beginning with the approval to proceed to 
        implementation through the achievement of operational 
        readiness, without regard to funding source or 
        management control, for the life of the program.
          (3) Life-cycle cost.--The term ``life-cycle cost'' 
        means the total of the direct, indirect, recurring, and 
        nonrecurring costs, including the construction of 
        facilities and civil servant costs, and other related 
        expenses incurred or estimated to be incurred in the 
        design, development, verification, production, 
        operation, maintenance, support, and retirement of a 
        program over its planned lifespan, without regard to 
        funding source or management control.
          (4) Major program.--The term ``major program'' means 
        an activity approved to proceed to implementation that 
        has an estimated life-cycle cost of more than 
        $250,000,000.
    (b) Conditions for Development.--
          (1) In general.--The Administration shall not enter 
        into a contract for the development of a major program 
        unless the Administrator determines that--
                  (A) the technical, cost, and schedule risks 
                of the program are clearly identified and the 
                program has developed a plan to manage those 
                risks;
                  (B) the technologies required for the program 
                have been demonstrated in a relevant laboratory 
                or test environment; and
                  (C) the program complies with all relevant 
                policies, regulations, and directives of the 
                Administration.
          (2) Report.--The Administrator shall transmit a 
        report describing the basis for the determination 
        required under paragraph (1) to the Committee on 
        Science and Technology of the House of Representatives 
        and the Committee on Commerce, Science, and 
        Transportation of the Senate at least 30 days before 
        entering into a contract for development under a major 
        program.
          (3) Nondelegation.--The Administrator may not 
        delegate the determination requirement under this 
        subsection, except in cases in which the Administrator 
        has a conflict of interest.
    (c) Major Program Annual Reports.--
          (1) Requirement.--Annually, at the same time as the 
        President's annual budget submission to Congress, the 
        Administrator shall transmit to the Committee on 
        Science and Technology of the House of Representatives 
        and the Committee on Commerce, Science, and 
        Transportation of the Senate a report that includes the 
        information required by this section for each major 
        program for which the Administration proposes to expend 
        funds in the subsequent fiscal year. Reports under this 
        paragraph shall be known as Major Program Annual 
        Reports.
          (2) Baseline report.--The first Major Program Annual 
        Report for each major program shall include a Baseline 
        Report that shall, at a minimum, include--
                  (A) the purposes of the program and key 
                technical characteristics necessary to fulfill 
                those purposes;
                  (B) an estimate of the life-cycle cost for 
                the program, with a detailed breakout of the 
                development cost, program reserves, and an 
                estimate of the annual costs until development 
                is completed;
                  (C) the schedule for development, including 
                key program milestones;
                  (D) the plan for mitigating technical, cost, 
                and schedule risks identified in accordance 
                with subsection (b)(1)(A); and
                  (E) the name of the person responsible for 
                making notifications under subsection (d), who 
                shall be an individual whose primary 
                responsibility is overseeing the program.
          (3) Information updates.--For major programs for 
        which a Baseline Report has been submitted, each 
        subsequent Major Program Annual Report shall describe 
        any changes to the information that had been provided 
        in the Baseline Report, and the reasons for those 
        changes.
    (d) Notification.--
          (1) Requirement.--The individual identified under 
        subsection (c)(2)(E) shall immediately notify the 
        Administrator any time that individual has reasonable 
        cause to believe that, for the major program for which 
        he or she is responsible--
                  (A) the development cost of the program is 
                likely to exceed the estimate provided in the 
                Baseline Report of the program by 15 percent or 
                more; or
                  (B) a milestone of the program is likely to 
                be delayed by 6 months or more from the date 
                provided for it in the Baseline Report of the 
                program.
          (2) Reasons.--Not later than 30 days after the 
        notification required under paragraph (1), the 
        individual identified under subsection (c)(2)(E) shall 
        transmit to the Administrator a written notification 
        explaining the reasons for the change in the cost or 
        milestone of the program for which notification was 
        provided under paragraph (1).
          (3) Notification of congress.--Not later than 15 days 
        after the Administrator receives a written notification 
        under paragraph (2), the Administrator shall transmit 
        the notification to the Committee on Science and 
        Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate.
    (e) Fifteen Percent Threshold.--
          (1) Determination, report, and initiation of 
        analysis.--Not later than 30 days after receiving a 
        written notification under subsection (d)(2), the 
        Administrator shall determine whether the development 
        cost of the program is likely to exceed the estimate 
        provided in the Baseline Report of the program by 15 
        percent or more, or whether a milestone is likely to be 
        delayed by 6 months or more. If the determination is 
        affirmative, the Administrator shall--
                  (A) transmit to the Committee on Science and 
                Technology of the House of Representatives and 
                the Committee on Commerce, Science, and 
                Transportation of the Senate, not later than 15 
                days after making the determination, a report 
                that includes--
                          (i) a description of the increase in 
                        cost or delay in schedule and a 
                        detailed explanation for the increase 
                        or delay;
                          (ii) a description of actions taken 
                        or proposed to be taken in response to 
                        the cost increase or delay; and
                          (iii) a description of any impacts 
                        the cost increase or schedule delay, or 
                        the actions described under clause 
                        (ii), will have on any other program 
                        within the Administration; and
                  (B) if the Administrator intends to continue 
                with the program, promptly initiate an analysis 
                of the program, which shall include, at a 
                minimum--
                          (i) the projected cost and schedule 
                        for completing the program if current 
                        requirements of the program are not 
                        modified;
                          (ii) the projected cost and the 
                        schedule for completing the program 
                        after instituting the actions described 
                        under subparagraph (A)(ii); and
                          (iii) a description of, and the 
                        projected cost and schedule for, a 
                        broad range of alternatives to the 
                        program.
          (2) Completion of analysis and transmittal to 
        committees.--The Administration shall complete an 
        analysis initiated under paragraph (1)(B) not later 
        than 6 months after the Administrator makes a 
        determination under this subsection. The Administrator 
        shall transmit the analysis to the Committee on Science 
        and Technology of the House of Representatives and 
        Committee on Commerce, Science, and Transportation of 
        the Senate not later than 30 days after its completion.
    (f) Thirty Percent Threshold.--If the Administrator 
determines under subsection (e) that the development cost of a 
program will exceed the estimate provided in the Baseline 
Report of the program by more than 30 percent, then, beginning 
18 months after the date the Administrator transmits a report 
under subsection (e)(1)(A), the Administrator shall not expend 
any additional funds on the program, other than termination 
costs, unless Congress has subsequently authorized continuation 
of the program by law. An appropriation for the specific 
program enacted subsequent to a report being transmitted shall 
be considered an authorization for purposes of this subsection. 
If the program is continued, the Administrator shall submit a 
new Baseline Report for the program no later than 90 days after 
the date of enactment of the Act under which Congress has 
authorized continuation of the program.

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

    2017--Subsec. (a)(1). Pub. L. 115-10 substituted 
``Procedural Requirements 7120.5E, dated August 14, 2012'' for 
``Procedural Requirements 7120.5c, dated March 22, 2005''.

                             CHANGE OF NAME

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

                CHAPTER 303--CONTRACTING AND PROCUREMENT

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

              DETECTION AND AVOIDANCE OF COUNTERFEIT PARTS

    Pub. L. 115-10, title VIII, Sec. 823, Mar. 21, 2017, 131 
Stat. 62, provided that:
    ``(a) Findings.--Congress makes the following findings:
          ``(1) A 2012 investigation by the Committee on Armed 
        Services of the Senate of counterfeit electronic parts 
        in the Department of Defense supply chain from 2009 
        through 2010 uncovered 1,800 cases and over 1,000,000 
        counterfeit parts and exposed the threat such 
        counterfeit parts pose to service members and national 
        security.
          ``(2) Since 2010, the Comptroller General of the 
        United States has identified in 3 separate reports the 
        risks and challenges associated with counterfeit parts 
        and counterfeit prevention at both the Department of 
        Defense and NASA, including inconsistent definitions of 
        counterfeit parts, poorly targeted quality control 
        practices, and potential barriers to improvements to 
        these practices.
    ``(b) Sense of Congress.--It is the sense of Congress that 
the presence of counterfeit electronic parts in the NASA supply 
chain poses a danger to United States government astronauts, 
crew, and other personnel and a risk to the agency overall.
    ``(c) Regulations.--
          ``(1) In general.--Not later than 270 days after the 
        date of enactment of this Act [Mar. 21, 2017], the 
        Administrator shall revise the NASA Supplement to the 
        Federal Acquisition Regulation to improve the detection 
        and avoidance of counterfeit electronic parts in the 
        supply chain.
          ``(2) Contractor responsibilities.--In revising the 
        regulations under paragraph (1), the Administrator 
        shall--
                  ``(A) require each covered contractor--
                          ``(i) to detect and avoid the use or 
                        inclusion of any counterfeit parts in 
                        electronic parts or products that 
                        contain electronic parts;
                          ``(ii) to take such corrective 
                        actions as the Administrator considers 
                        necessary to remedy the use or 
                        inclusion described in clause (i); and
                          ``(iii) including a subcontractor, to 
                        notify the applicable NASA contracting 
                        officer not later than 30 calendar days 
                        after the date the covered contractor 
                        becomes aware, or has reason to 
                        suspect, that any end item, component, 
                        part or material contained in supplies 
                        purchased by NASA, or purchased by a 
                        covered contractor or subcontractor for 
                        delivery to, or on behalf of, NASA, 
                        contains a counterfeit electronic part 
                        or suspect counterfeit electronic part; 
                        and
                  ``(B) prohibit the cost of counterfeit 
                electronic parts, suspect counterfeit 
                electronic parts, and any corrective action 
                described under subparagraph (A)(ii) from being 
                included as allowable costs under agency 
                contracts, unless--
                          ``(i)(I) the covered contractor has 
                        an operational system to detect and 
                        avoid counterfeit electronic parts and 
                        suspect counterfeit electronic parts 
                        that has been reviewed and approved by 
                        NASA or the Department of Defense; and
                          ``(II) the covered contractor has 
                        provided the notice under subparagraph 
                        (A)(iii); or
                          ``(ii) the counterfeit electronic 
                        parts or suspect counterfeit electronic 
                        parts were provided to the covered 
                        contractor as Government property in 
                        accordance with part 45 of the Federal 
                        Acquisition Regulation.
          ``(3) Suppliers of electronic parts.--In revising the 
        regulations under paragraph (1), the Administrator 
        shall--
                  ``(A) require NASA and covered contractors, 
                including subcontractors, at all tiers--
                          ``(i) to obtain electronic parts that 
                        are in production or currently 
                        available in stock from--
                                  ``(I) the original 
                                manufacturers of the parts or 
                                their authorized dealers; or
                                  ``(II) suppliers who obtain 
                                such parts exclusively from the 
                                original manufacturers of the 
                                parts or their authorized 
                                dealers; and
                          ``(ii) to obtain electronic parts 
                        that are not in production or currently 
                        available in stock from suppliers that 
                        meet qualification requirements 
                        established under subparagraph (C);
                  ``(B) establish documented requirements 
                consistent with published industry standards or 
                Government contract requirements for--
                          ``(i) notification of the agency; and
                          ``(ii) inspection, testing, and 
                        authentication of electronic parts that 
                        NASA or a covered contractor, including 
                        a subcontractor, obtains from any 
                        source other than a source described in 
                        subparagraph (A);
                  ``(C) establish qualification requirements, 
                consistent with the requirements of section 
                2319 of title 10, United States Code, pursuant 
                to which NASA may identify suppliers that have 
                appropriate policies and procedures in place to 
                detect and avoid counterfeit electronic parts 
                and suspect counterfeit electronic parts; and
                  ``(D) authorize a covered contractor, 
                including a subcontractor, to identify and use 
                additional suppliers beyond those identified 
                under subparagraph (C) if--
                          ``(i) the standards and processes for 
                        identifying such suppliers comply with 
                        established industry standards;
                          ``(ii) the covered contractor assumes 
                        responsibility for the authenticity of 
                        parts provided by such suppliers under 
                        paragraph (2); and
                          ``(iii) the selection of such 
                        suppliers is subject to review and 
                        audit by NASA.
    ``(d) Definitions.--In this section:
          ``(1) Covered contractor.--The term `covered 
        contractor' means a contractor that supplies an 
        electronic part, or a product that contains an 
        electronic part, to NASA.
          ``(2) Electronic part.--The term `electronic part' 
        means a discrete electronic component, including a 
        microcircuit, transistor, capacitor, resistor, or 
        diode, that is intended for use in a safety or mission 
        critical application.''
    [For definitions of terms used in section 823 of Pub. L. 
115-10, set out above, see section 2 of Pub. L. 115-10, set out 
as a note under section 10101 of this title.]

 AVOIDING ORGANIZATIONAL CONFLICTS OF INTEREST IN MAJOR ADMINISTRATION 
                          ACQUISITION PROGRAMS

    Pub. L. 115-10, title VIII, Sec. 830, Mar. 21, 2017, 131 
Stat. 66, provided that:
    ``(a) Revised Regulations Required.--Not later than 270 
days after the date of enactment of this Act [Mar. 21, 2017], 
the Administrator [of the National Aeronautics and Space 
Administration] shall revise the [National Aeronautics and 
Space] Administration Supplement to the Federal Acquisition 
Regulation to provide uniform guidance and recommend revised 
requirements for organizational conflicts of interest by 
contractors in major acquisition programs in order to address 
the elements identified in subsection (b).
    ``(b) Elements.--The revised regulations under subsection 
(a) shall, at a minimum--
          ``(1) address organizational conflicts of interest 
        that could potentially arise as a result of--
                  ``(A) lead system integrator contracts on 
                major acquisition programs and contracts that 
                follow lead system integrator contracts on such 
                programs, particularly contracts for 
                production;
                  ``(B) the ownership of business units 
                performing systems engineering and technical 
                assistance functions, professional services, or 
                management support services in relation to 
                major acquisition programs by contractors who 
                simultaneously own business units competing to 
                perform as either the prime contractor or the 
                supplier of a major subsystem or component for 
                such programs;
                  ``(C) the award of major subsystem contracts 
                by a prime contractor for a major acquisition 
                program to business units or other affiliates 
                of the same parent corporate entity, and 
                particularly the award of subcontracts for 
                software integration or the development of a 
                proprietary software system architecture; or
                  ``(D) the performance by, or assistance of, 
                contractors in technical evaluations on major 
                acquisition programs;
          ``(2) require the Administration to request advice on 
        systems architecture and systems engineering matters 
        with respect to major acquisition programs from 
        objective sources independent of the prime contractor;
          ``(3) require that a contract for the performance of 
        systems engineering and technical assistance functions 
        for a major acquisition program contains a provision 
        prohibiting the contractor or any affiliate of the 
        contractor from participating as a prime contractor or 
        a major subcontractor in the development of a system 
        under the program; and
          ``(4) establish such limited exceptions to the 
        requirement[s] in paragraphs (2) and (3) as the 
        Administrator considers necessary to ensure that the 
        Administration has continued access to advice on 
        systems architecture and systems engineering matters 
        from highly qualified contractors with domain 
        experience and expertise, while ensuring that such 
        advice comes from sources that are objective and 
        unbiased.''

Sec. 30301. Guaranteed customer base

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

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3363.)

                     Historical and Revision Notes

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

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

Sec. 30302. Quality assurance personnel

    (a) Exclusion of Administration Personnel.--A person 
providing articles to the Administration under a contract 
entered into after December 9, 1991, may not exclude 
Administration quality assurance personnel from work sites 
except as provided in a contract provision that has been 
submitted to Congress as provided in subsection (b).
    (b) Contract Provisions.--The Administration shall not 
enter into any contract which permits the exclusion of 
Administration quality assurance personnel from work sites 
unless the Administrator has submitted a copy of the provision 
permitting such exclusion to Congress at least 60 days before 
entering into the contract.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3363.)

                     Historical and Revision Notes

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

    In subsection (a), the date ``December 9, 1991'' is 
substituted for ``the date of enactment of this Act'' to 
reflect the date of enactment of the National Aeronautics and 
Space Administration Authorization Act, Fiscal Year 1992 
(Public Law 102-195, 105 Stat. 1605).
    In subsection (a), the words ``that has been submitted to 
Congress as provided'' are substituted for ``described'' for 
clarity.

Sec. 30303. Tracking and data relay satellite services

    (a) Contracts.--The Administration is authorized, when so 
provided in an appropriation Act, to enter into and to maintain 
a contract for tracking and data relay satellite services. Such 
services shall be furnished to the Administration in accordance 
with applicable authorization and appropriations Acts. The 
Government shall incur no costs under such contract prior to 
the furnishing of such services except that the contract may 
provide for the payment for contingent liability of the 
Government which may accrue in the event the Government should 
decide for its convenience to terminate the contract before the 
end of the period of the contract. Facilities which may be 
required in the performance of the contract may be constructed 
on Government-owned lands if there is included in the contract 
a provision under which the Government may acquire title to the 
facilities, under terms and conditions agreed upon in the 
contract, upon termination of the contract.
    (b) Reports to Congress.--The Administrator shall in 
January of each year report to the Committee on Science and 
Technology and the Committee on Appropriations of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Appropriations of the 
Senate the projected aggregate contingent liability of the 
Government under termination provisions of any contract 
authorized in this section through the next fiscal year. The 
authority of the Administration to enter into and to maintain 
the contract authorized hereunder shall remain in effect unless 
repealed by legislation enacted by Congress.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3363.)

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

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

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

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3364.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
30304................................  42U.S.C. 2437b (1st par.).         Pub. L. 101-144, title III, (1st par.
                                                                           under heading ``Small and
                                                                           Disadvantaged Business'', at 103
                                                                           Stat. 863), Nov. 9, 1989, 103 Stat.
                                                                           863; Pub. L. 109-155, title VI, Sec.
                                                                           611, Dec. 30, 2005, 119 Stat. 2932.
----------------------------------------------------------------------------------------------------------------

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

                           REFERENCES IN TEXT

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

Sec. 30305. Outreach program

    (a) Establishment.--The Administration shall competitively 
select an organization to partner with Administration centers, 
aerospace contractors, and academic institutions to carry out a 
program to help promote the competitiveness of small, minority-
owned, and women-owned businesses in communities across the 
United States through enhanced insight into the technologies of 
the Administration's space and aeronautics programs. The 
program shall support the mission of the Administration's 
Innovative Partnerships Program with its emphasis on joint 
partnerships with industry, academia, government agencies, and 
national laboratories.
    (b) Program Structure.--In carrying out the program 
described in subsection (a), the organization shall support the 
mission of the Administration's Innovative Partnerships Program 
by undertaking the following activities:
          (1) Facilitating enhanced insight.--Facilitating the 
        enhanced insight of the private sector into the 
        Administration's technologies in order to increase the 
        competitiveness of the private sector in producing 
        viable commercial products.
          (2) Creating network.--Creating a network of academic 
        institutions, aerospace contractors, and Administration 
        centers that will commit to donating appropriate 
        technical assistance to small businesses, giving 
        preference to socially and economically disadvantaged 
        small business concerns, small business concerns owned 
        and controlled by service-disabled veterans, and 
        HUBZone small business concerns. This paragraph shall 
        not apply to any contracting actions entered into or 
        taken by the Administration.
          (3) Creating network of economic development 
        organizations.--Creating a network of economic 
        development organizations to increase the awareness and 
        enhance the effectiveness of the program nationwide.
    (c) Report.--Not later than one year after October 15, 
2008, and annually thereafter, the Administrator shall submit a 
report to the Committee on Science and Technology of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate describing the efforts and 
accomplishments of the program established under subsection (a) 
in support of the Administration's Innovative Partnerships 
Program. As part of the report, the Administrator shall 
provide--
          (1) data on the number of small businesses receiving 
        assistance, jobs created and retained, and volunteer 
        hours donated by the Administration, contractors, and 
        academic institutions nationwide;
          (2) an estimate of the total dollar value of the 
        economic impact made by small businesses that received 
        technical assistance through the program; and
          (3) an accounting of the use of funds appropriated 
        for the program.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3364.)

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

Sec. 30306. Small business contracting

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

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3365.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
30306................................  42 U.S.C. 16821.                   Pub. L. 109-155, title VII, Sec.  707,
                                                                           Dec. 30, 2005, 199 Stat. 2937.
----------------------------------------------------------------------------------------------------------------

Sec. 30307. Requirement for independent cost analysis

    (a) Definition of Implementation.--In this section, the 
term ``implementation'' means all activity in the life cycle of 
a project after preliminary design, independent assessment of 
the preliminary design, and approval to proceed into 
implementation, including critical design, development, 
certification, launch, operations, disposal of assets, and, for 
technology programs, development, testing, analysis, and 
communication of the results.
    (b) Requirement.--Before any funds may be obligated for 
implementation of a project that is projected to cost more than 
$250,000,000 in total project costs, the Administrator shall 
conduct and consider an independent life-cycle cost analysis of 
the project and shall report the results to Congress. In 
developing cost accounting and reporting standards for carrying 
out this section, the Administrator shall, to the extent 
practicable and consistent with other laws, solicit the advice 
of experts outside of the Administration.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3365.)

                     Historical and Revision Notes

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

    In subsection (b), in the first sentence, the words ``the 
Administrator shall conduct'' are substituted for ``the 
Administrator for the National Aeronautics and Space 
Administration shall conduct'' to eliminate unnecessary words.
    In subsection (b), in the last sentence, the word 
``experts''' is substituted for ``expertise'' for clarity.

                            COST ESTIMATION

    Pub. L. 115-10, title VIII, 836, Mar. 21, 2017, 131 Stat. 
69, provided that:
    ``(a) Sense of Congress.--It is the sense of Congress 
that--
          ``(1) realistic cost estimating is critically 
        important to the ultimate success of major space 
        development projects; and
          ``(2) the [National Aeronautics and Space] 
        Administration has devoted significant efforts over the 
        past 5 years to improving its cost estimating 
        capabilities, but it is important that the 
        Administration continue its efforts to develop and 
        implement guidance in establishing realistic cost 
        estimates.
    ``(b) Guidance and Criteria.--The Administrator [of the 
National Aeronautics and Space Administration] shall provide to 
its acquisition programs and projects, in a manner consistent 
with the Administration's Space Flight Program and Project 
Management Requirements--
          ``(1) guidance on when to use an Independent Cost 
        Estimate and Independent Cost Assessment; and
          ``(2) criteria to use to make a determination under 
        paragraph (1).''

Sec. 30308. Cost effectiveness calculations

    (a) Definitions.--In this section:
          (1) Commercial provider.--The term ``commercial 
        provider'' means any person providing space 
        transportation services or other space-related 
        activities, the primary control of which is held by 
        persons other than a Federal, State, local, or foreign 
        government.
          (2) State.--The term ``State'' means each of the 
        several States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, and any other commonwealth, 
        territory, or possession of the United States.
          (b) In general.--Except as otherwise required by law, 
        in calculating the cost effectiveness of the cost of 
        the Administration engaging in an activity as compared 
        to a commercial provider, the Administrator shall 
        compare the cost of the Administration engaging in the 
        activity using full cost accounting principles with the 
        price the commercial provider will charge for such 
        activity.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3366.)

                     Historical and Revision Notes

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

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

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

    (a) Definition of Depressed Communities.--In this section, 
the term ``depressed communities'' means rural and urban 
communities that are relatively depressed, in terms of age of 
housing, extent of poverty, growth of per capita income, extent 
of unemployment, job lag, or surplus labor.
    (b) In General.--In any case in which the Administrator 
considers the purchase, lease, or expansion of a facility to 
meet requirements of the Administration, the Administrator 
shall consider whether those requirements could be met by the 
use of one of the following:
          (1) Abandoned or underutilized buildings, grounds, 
        and facilities in depressed communities that can be 
        converted to Administration usage at a reasonable cost, 
        as determined by the Administrator.
          (2) Any military installation that is closed or being 
        closed, or any facility at such an installation.
          (3) Any other facility or part of a facility that the 
        Administrator determines to be--
                  (A) owned or leased by the United States for 
                the use of another agency of the Federal 
                Government; and
                  (B) considered by the head of the agency 
                involved to be--
                          (i) excess to the needs of that 
                        agency; or
                          (ii) underutilized by that agency.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3366.)

                     Historical and Revision Notes

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

                            PRIOR PROVISIONS

    Provisions similar to those in this section were contained 
in the following prior appropriation authorization act:
    Pub. L. 102-588, title II, 220, Nov. 4, 1992, 106 Stat. 
5118.

Sec. 30310. Exception to alternative fuel procurement requirement

    Section 526(a) of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17142(a)) does not prohibit the 
Administration from entering into a contract to purchase a 
generally available fuel that is not an alternative or 
synthetic fuel or predominantly produced from a nonconventional 
petroleum source, if--
          (1) the contract does not specifically require the 
        contractor to provide an alternative or synthetic fuel 
        or fuel from a nonconventional petroleum source;
          (2) the purpose of the contract is not to obtain an 
        alternative or synthetic fuel or fuel from a 
        nonconventional petroleum source; and
          (3) the contract does not provide incentives for a 
        refinery upgrade or expansion to allow a refinery to 
        use or increase its use of fuel from a nonconventional 
        petroleum source.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3366.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
30310................................  42 U.S.C. 17827.                   Pub. L. 100-422, title XI, Sec.  1112,
                                                                           Oct. 15 2008, 122 Stat. 4811.
----------------------------------------------------------------------------------------------------------------

                           REFERENCES IN TEXT

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

                   CHAPTER 305--MANAGEMENT AND REVIEW

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

 ASSESSMENT OF IMPEDIMENTS TO SPACE SCIENCE AND ENGINEERING WORKFORCE 
      DEVELOPMENT FOR MINORITY AND UNDERREPRESENTED GROUPS AT NASA

    Pub. L. 111-358, title II, Sec. 203, Jan. 4, 2011, 124 
Stat. 3994, provided that:
    ``(a) Assessment.--The Administrator [of NASA] shall enter 
into an arrangement for an independent assessment of any 
impediments to space science and engineering workforce 
development for minority and underrepresented groups at NASA 
[National Aeronautics and Space Administration], including 
recommendations on--
          ``(1) measures to address such impediments;
          ``(2) opportunities for augmenting the impact of 
        space science and engineering workforce development 
        activities and for expanding proven, effective 
        programs; and
          ``(3) best practices and lessons learned, as 
        identified through the assessment, to help maximize the 
        effectiveness of existing and future programs to 
        increase the participation of minority and 
        underrepresented groups in the space science and 
        engineering workforce at NASA.
    ``(b) Report.--A report on the assessment carried out under 
subsection (a) shall be transmitted to the House of 
Representatives Committee on Science and Technology [now 
Committee on Science, Space, and Technology] and the Senate 
Committee on Commerce, Science, and Transportation not later 
than 15 months after the date of enactment of this Act [Jan. 4, 
2011].
    ``(c) Implementation.--To the extent practicable, the 
Administrator shall take all necessary steps to address any 
impediments identified in the assessment.''

    EX. ORD. NO. 11374. ABOLITION OF MISSILE SITES LABOR COMMISSION

    Ex. Ord. No. 11374, Oct. 11, 1967, 32 F.R. 14199, provided:
    By virtue of the authority vested in me as President of the 
United States, it is ordered as follows:
    SECTION 1. The Missile Sites Labor Commission is hereby 
abolished and its functions and responsibilities are 
transferred to the Federal Mediation and Conciliation Service.
    SEC. 2. The Director of the Federal Mediation and 
Conciliation Service shall establish within the Federal 
Mediation and Conciliation Service such procedures as may be 
necessary to provide for continued priority for resolution of 
labor disputes or potential labor disputes at missile and space 
sites, and shall seek the continued cooperation of 
manufacturers, contractors, construction concerns, and labor 
unions in avoiding uneconomical operations and work stoppages 
at missile and space sites.
    SEC. 3. The Department of Defense, the National Aeronautics 
and Space Administration, and other appropriate government 
departments and agencies shall continue to cooperate in the 
avoidance of uneconomical operations and work stoppages at 
missile and space sites. They shall also assist the Federal 
Mediation and Conciliation Service in the discharge of its 
responsibilities under this order.
    SEC. 4. All records and property of the Missile Sites Labor 
Commission are hereby transferred to the Federal Mediation and 
Conciliation Service.
    SEC. 5. Any disputes now before the Missile Sites Labor 
Commission shall be resolved by the personnel now serving as 
members of the Missile Sites Labor Commissions under special 
assignment for such purposes by the Director of the Federal 
Mediation and Conciliation Service.
    SEC. 6. Executive Order No. 10946 of May 26, 1961, is 
hereby revoked.

                                                 Lyndon B. Johnson.

    TASK FORCE ON SPACE INDUSTRY WORKFORCE AND ECONOMIC DEVELOPMENT

    Memorandum of President of the United States, May 3, 2010, 
75 F.R. 24781, provided:
    Memorandum for the Secretary of Defense[,] the Secretary of 
Commerce[,] the Secretary of Labor[,] the Secretary of Housing 
and Urban Development[,] the Secretary of Transportation[,] the 
Secretary of Education[,] the Director of the Office of 
Management and Budget[,] the Administrator of the Small 
Business Administration[,] the Administrator of the National 
Aeronautics and Space Administration[,] the Chair of the 
Council of Economic Advisers[,] the Director of National 
Intelligence[,] the Director of the Office of Science and 
Technology Policy[, and] the Director of the National Economic 
Council.
    My Administration is committed to implementing a bold, new 
approach to human spaceflight. Supported by a $6 billion 
increase to the National Aeronautics and Space Administration's 
(NASA) budget over the next 5 years, this strategy will foster 
the development of path-breaking technologies, increase the 
reach and reduce the cost of human and robotic exploration of 
space, and help create thousands of new jobs.
    NASA's budget also includes $429 million next year, and 
$1.9 billion over the next 5 years, to modernize the Kennedy 
Space Center and other nearby space launch facilities in 
Florida. This modernization effort will help spur new 
commercial business and innovation and provide additional good 
jobs to the region. While all of the new aspects of my 
Administration's plan together will create thousands of new 
jobs in Florida, past decisions to end the Space Shuttle 
program will still affect families and communities along 
Florida's ``Space Coast.''
    Building on this significant new investment at the Kennedy 
Space Center and my increased budget for NASA overall, I am 
committed to taking additional steps to help local economies 
like Florida's Space Coast adapt and thrive in the years ahead. 
The men and women who work in Florida's aerospace industry are 
some of the most talented and highly trained in the Nation. It 
is critical that their skills are tapped as we transform and 
expand the country's space exploration efforts. That is why I 
am launching a $40 million, multi-agency initiative to help the 
Space Coast transform their economies and prepare their workers 
for the opportunities of tomorrow. This effort will build on 
and complement ongoing local and Federal economic and 
workforce-development efforts through a Task Force composed of 
senior-level Administration officials from relevant agencies 
that will construct an economic development action plan by 
August 15, 2010.
    To these ends, I hereby direct the following:
    SECTION 1. Establishment of the Task Force on Space 
Industry Workforce and Economic Development. There is 
established a Task Force on Space Industry Workforce and 
Economic Development (Task Force) to develop, in collaboration 
with local stakeholders, an interagency action plan to 
facilitate economic development strategies and plans along the 
Space Coast and to provide training and other opportunities for 
affected aerospace workers so they are equipped to contribute 
to new developments in America's space program and related 
industries. The Secretary of Commerce and the Administrator of 
NASA shall serve as Co-Chairs of the Task Force.
    (a) Membership of the Task Force. In addition to the Co-
Chairs, the Task Force shall consist of the following members:
    (i) the Secretary of Defense;
    (ii) the Secretary of Labor;
    (iii) the Secretary of Housing and Urban Development;
    (iv) the Secretary of Transportation;
    (v) the Secretary of Education;
    (vi) the Chair of the Council of Economic Advisers;
    (vii) the Director of the Office of Management and Budget;
    (viii) the Administrator of the Small Business 
Administration;
    (ix) the Director of National Intelligence;
    (x) the Director of the Office of Science and Technology 
Policy;
    (xi) the Director of the National Economic Council; and
    (xii) the heads of such other executive departments, 
agencies, and offices as the President may, from time totime, 
designate.
    A member of the Task Force may designate, to perform the 
Task Force functions of the member, a senior-level official who 
is a part of the member's department, agency, or office, and 
who is a full-time officer or employee of the Federal 
Government.
    (b) Administration. The Co-Chairs shall convene regular 
meetings of the Task Force, determine its agenda, and direct 
its work. At the direction of the Co-Chairs, the Task Force may 
establish subgroups consisting exclusively of Task Force 
members or their designees, as appropriate.
    SEC. 2. Mission and Functions. The Task Force shall work 
with local stakeholders and executive departments and agencies 
to equip Space Coast and other affected workers to take 
advantage of new opportunities and expand the region's economic 
base.
    The Task Force will perform the following functions, to the 
extent permitted by law:
    (a) provide leadership and coordination of Federal 
Government resources to facilitate workforce and economic 
development opportunities for aerospace communities and workers 
affected by new developments in America's space exploration 
program. Such support may include the use of personnel, 
technical expertise, and available financial resources, and may 
be used to provide a coordinated Federal response to the needs 
of individual States, regions, municipalities, and communities 
adversely affected by space industry changes;
    (b) provide recommendations to the President on ways 
Federal policies and programs can address issues of special 
importance to aerospace communities and workers; and
    (c) help ensure that officials from throughout the 
executive branch, including officials on existing committees or 
task forces addressing technological development, research, or 
aerospace issues, advance the President's agenda for the 
transformation of America's space exploration program and 
support the coordination of Federal economic adjustment 
assistance activities.
    SEC. 3. Outreach. Consistent with the objectives set forth 
in this memorandum, the Task Force, in accordance with 
applicable law, in addition to holding regular meetings, shall 
conduct outreach to representatives of nonprofit organizations; 
business; labor[;] State, local, and tribal governments; 
elected officials; and other interested persons that will 
assist in bringing to the President's attention concerns, 
ideas, and policy options for expanding and improving efforts 
to create jobs and economic growth in affected aerospace 
communities. The Task Force shall hold inaugural meetings with 
stakeholders within 60 days of the date of this memorandum.
    SEC. 4. Task Force Plan for Space Industry Workforce and 
Economic Development. On or before August 15, 2010, the Task 
Force shall develop and submit to the President a comprehensive 
plan that:
    (a) recommends how best to invest $40 million in transition 
assistance funding to ensure robust workforce and economic 
development in those communities within Florida affected by 
transitions in America's space exploration program;
    (b) describes how the plan will build on and complement 
ongoing economic and workforce development efforts;
    (c) explores future workforce and economic development 
activities that could be undertaken for affected aerospace 
communities in other States, as appropriate;
    (d) identifies areas of collaboration with other public or 
nongovernmental actors to achieve the objectives of the Task 
Force; and
    (e) details a coordinated implementation strategy by 
executive departments and agencies to meet the objectives of 
the Task Force.
    SEC. 5. Termination. The Task Force shall terminate 3 years 
after the date of this memorandum unless extended by the 
President.
    SEC. 6. General Provisions. (a) The heads of executive 
departments and agencies shall assist and provide information 
to the Task Force, consistent with applicable law, as may be 
necessary to carry out the functions of the Task Force. Each 
executive department and agency shall bear its own expense for 
participating in the Task Force; and
    (b) nothing in this memorandum shall be construed to impair 
or otherwise affect:
    (i) authority granted by law to an executive department, 
agency, or the head thereof; or
    (ii) functions of the Director of the Office of Management 
and Budget relating to budgetary, administrative, or 
legislative proposals.
    (c) This memorandum shall be implemented consistent with 
applicable law and subject to the availability of 
appropriations.
    (d) This memorandum is not intended to, and does not, 
create any right or benefit, substantive or procedural, 
enforceable at law or in equity by any party against the United 
States, its departments, agencies, or entities, its officers, 
employees, or agents, or any other person.
    (e) The Administrator of the National Aeronautics and Space 
Administration shall publish this memorandum in the Federal 
Register.

                                                      Barack Obama.

Sec. 30501. Lessons learned and best practices

    (a) In general.--The Administrator shall transmit to the 
Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate an implementation plan describing 
the Administration's approach for obtaining, implementing, and 
sharing lessons learned and best practices for its major 
programs and projects not later than 180 days after December 
30, 2005. The implementation plan shall be updated and 
maintained to ensure that it is current and consistent with the 
burgeoning culture of learning and safety that is emerging at 
the Administration.
    (b) Required Content.--The implementation plan shall 
contain at a minimum the lessons learned and best practices 
requirements for the Administration, the organizations or 
positions responsible for enforcement of the requirements, the 
reporting structure, and the objective performance measures 
indicating the effectiveness of the activity.
    (c) Incentives.--The Administrator shall provide incentives 
to encourage sharing and implementation of lessons learned and 
best practices by employees, projects, and programs, as well as 
penalties for programs and projects that are determined not to 
have demonstrated use of those resources.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3367.)

                     Historical and Revision Notes

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

    In subsection (a), the words ``Committee on Science and 
Technology'' are substituted for ``Committee on Science'' on 
authority of Rule X(1)(o) of the Rules of the House of 
Representatives, adopted by House Resolution No. 6 (110th 
Congress, January 5, 2007).
    In subsection (a), the date ``December 30, 2005'' is 
substituted for ``the date of enactment of this Act'' to 
reflect the date of enactment of the National Aeronautics and 
Space Administration Authorization Act of 2005 (Public Law 109-
155, 119 Stat. 2895).

                             CHANGE OF NAME

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

Sec. 30502. Whistleblower protection

    (a) In General.--Not later than 1 year after December 30, 
2005, the Administrator shall transmit to the Committee on 
Science and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a plan describing steps to be taken by the 
Administration to protect from retaliation Administration 
employees who raise concerns about substantial and specific 
dangers to public health and safety or about substantial and 
specific factors that could threaten the success of a mission. 
The plan shall be designed to ensure that Administration 
employees have the full protection required by law. The 
administrator shall implement the plan not more than 1 year 
after its transmittal.
    (b) Goal.--The Administrator shall ensure that the plan 
describes a system that will protect employees who wish to 
raise or have raised concerns described in subsection (a).
    (c) Plan.--At a minimum, the plan shall include, consistent 
with Federal law--
          (1) a reporting structure that ensures that the 
        officials who are the subject of a whistleblower's 
        complaint will not learn the identity of the 
        whistleblower;
          (2) a single point to which all complaints can be 
        made without fear of retribution;
          (3) procedures to enable the whistleblower to track 
        the status of the case;
          (4) activities to educate employees about their 
        rights as whistleblowers and how they are protected by 
        law;
          (5) activities to educate employees about their 
        obligations to report concerns and their accountability 
        before and after receiving the results of the 
        investigations into their concerns; and
          (6) activities to educate all appropriate 
        Administration Human Resources professionals, and all 
        Administration managers and supervisors, regarding 
        personnel laws, rules, and regulations.
    (d) Report.--Not later than February 15 of each year 
beginning February 15, 2007, the Administrator shall transmit a 
report to the Committee on Science and Technology of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the concerns described in 
subsection (a) that were raised during the previous fiscal 
year. At a minimum, the report shall provide--
          (1) the number of concerns that were raised, divided 
        into the categories of safety and health, mission 
        assurance, and mismanagement, and the disposition of 
        those concerns, including whether any employee was 
        disciplined as a result of a concern having been 
        raised; and
          (2) any recommendations for reforms to further 
        prevent retribution against employees who raise 
        concerns.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3367.)

                     Historical and Revision Notes

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

    In subsection (a), the date ``December 30, 2005'' is 
substituted for ``the date of enactment of this Act'' to 
reflect the date of enactment of the National Aeronautics and 
Space Administration Authorization Act of 2005 (Public Law 109-
155, 119 Stat. 2895).
    In subsections (a) and (d), the words ``Committee on 
Science and Technology'' are substituted for ``Committee on 
Science'' on authority of Rule X(1)(o) of the Rules of the 
House of Representatives, adopted by House Resolution No. 6 
(110th Congress, January 5, 2007).
    In subsection (d), the words ``Not later than February 15 
of each year beginning February 15, 2007'' are substituted for 
``Not later than February 15 of each year beginning with the 
year after the date of enactment of this Act'' for clarity.

                             CHANGE OF NAME

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

Sec. 30503. Performance assessments

    (a) In General.--The performance of each division in the 
Science directorate of the Administration shall be reviewed and 
assessed by the National Academy of Sciences at 5-year 
intervals.
    (b) Timing.--Beginning with the first fiscal year following 
December 30, 2005, the Administrator shall select at least one 
division for review under this section. The Administrator shall 
select divisions so that all disciplines will have received 
their first review within 6 fiscal years of December 30, 2005.
    (c) Reports.--Not later than March 1 of each year, 
beginning with the first fiscal year after December 30, 2005, 
the Administrator shall transmit a report to the Committee on 
Science and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate--
          (1) setting forth in detail the results of any 
        external review under subsection (a);
          (2) setting forth in detail actions taken by the 
        Administration in response to any external review; and
          (3) including a summary of findings and 
        recommendations from any other relevant external 
        reviews of the Administration's science mission 
        priorities and programs.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3368.)

                     Historical and Revision Notes

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

    In subsections (b) and (c), the date ``December 30, 2005'' 
is substituted for ``the date of enactment of this Act'' to 
reflect the date of enactment of the National Aeronautics and 
Space Administration Authorization Act of 2005 (Public Law 109-
155, 119 Stat. 2895).
    In subsection (c), the words ``Committee on Science and 
Technology'' are substituted for ``Committee on Science'' on 
authority of Rule X(1)(o) of the Rules of the House of 
Representatives, adopted by House Resolution No. 6 (110th 
Congress, January 5, 2007).

                             CHANGE OF NAME

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

Sec. 30504. Assessment of science mission extensions

    (a) Assessments.--
         (1) In general.--The Administrator shall carry out 
        triennial reviews within each of the Science divisions 
        to assess the cost and benefits of extending the date 
        of the termination of data collection for those 
        missions that exceed their planned missions' lifetime.
         (2) Considerations.--In conducting an assessment under 
        paragraph (1), the Administrator shall consider whether 
        and how extending missions impacts the start of future 
        missions.
    (b) Consultation and Consideration of Potential Benefits of 
Instruments on Missions.--When deciding whether to extend a 
mission that has an operational component, the Administrator 
shall--
         (1) consult with any affected Federal agency; and
         (2) take into account the potential benefits of 
        instruments on missions that are beyond their planned 
        mission lifetime.
    (c) Reports.--The Administrator shall submit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science, Space, and Technology of 
the House of Representatives, at the same time as the 
submission to Congress of the Administration's annual budget 
request for each fiscal year, a report detailing any assessment 
under subsection (a) that was carried out during the previous 
year.

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

                     Historical and Revision Notes

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

    In subsection (a), the words ``In addition--'' are omitted 
as unnecessary.

                               AMENDMENTS

    2017--Pub. L. 115-10 amended section generally. Prior to 
amendment, text read as follows:
    ``(a) Assessment.--The Administrator shall carry out 
biennial reviews within each of the Science divisions to assess 
the cost and benefits of extending the date of the termination 
of data collection for those missions that have exceeded their 
planned mission lifetime.
    ``(b) Consultation and Consideration of Potential Benefits 
of Instruments on Missions.--For those missions that have an 
operational component, the National Oceanic and Atmospheric 
Administration or any other affected agency shall be consulted 
and the potential benefits of instruments on missions that are 
beyond their planned mission lifetime taken into account.''

         CHAPTER 307--INTERNATIONAL COOPERATION AND COMPETITION

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

Sec. 30701. Competitiveness and international cooperation

    (a) Limitation.--
          (1) Solicitation of comment.--As part of the 
        evaluation of the costs and benefits of entering into 
        an obligation to conduct a space mission in which a 
        foreign entity will participate as a supplier of the 
        spacecraft, spacecraft system, or launch system, the 
        Administrator shall solicit comment on the potential 
        impact of such participation through notice published 
        in Commerce Business Daily at least 45 days before 
        entering into such an obligation.
          (2) Agreements with people's republic of china.--The 
        Administrator shall certify to Congress at least 15 
        days in advance of any cooperative agreement with the 
        People's Republic of China, or any company owned by the 
        People's Republic of China or incorporated under the 
        laws of the People's Republic of China, involving 
        spacecraft, spacecraft systems, launch systems, or 
        scientific or technical information, that--
                  (A) the agreement is not detrimental to the 
                United States space launch industry; and
                  (B) the agreement, including any indirect 
                technical benefit that could be derived from 
                the agreement, will not improve the missile or 
                space launch capabilities of the People's 
                Republic of China.
          (3) Annual audit.--The Inspector General of the 
        Administration, in consultation with appropriate 
        agencies, shall conduct an annual audit of the policies 
        and procedures of the Administration with respect to 
        the export of technologies and the transfer of 
        scientific and technical information, to assess the 
        extent to which the Administration is carrying out its 
        activities in compliance with Federal export control 
        laws and with paragraph (2).
    (b) National Interests.--
          (1) Definition of united states commercial 
        provider.--In this subsection, the term ``United States 
        commercial provider'' means a commercial provider (as 
        defined in section 30308(a) of this title), organized 
        under the laws of the United States or of a State (as 
        defined in section 30308(a) of this title), which is--
                  (A) more than 50 percent owned by United 
                States nationals; or
                  (B) a subsidiary of a foreign company and the 
                Secretary of Commerce finds that--
                          (i) such subsidiary has in the past 
                        evidenced a substantial commitment to 
                        the United States market through--
                                  (I) investments in the United 
                                States in long-term research, 
                                development, and manufacturing 
                                (including the manufacture of 
                                major components and 
                                subassemblies); and
                                  (II) significant 
                                contributions to employment in 
                                the United States; and
                          (ii) the country or countries in 
                        which such foreign company is 
                        incorporated or organized, and, if 
                        appropriate, in which it principally 
                        conducts its business, affords 
                        reciprocal treatment to companies 
                        described in subparagraph (A) 
                        comparable to that afforded to such 
                        foreign company's subsidiary in the 
                        United States, as evidenced by--
                                  (I) providing comparable 
                                opportunities for companies 
                                described in subparagraph (A) 
                                to participate in Government 
                                sponsored research and 
                                development similar to that 
                                authorized under this section, 
                                section 30307, 30308, 30309, or 
                                30702 of this title, or the 
                                National Aeronautics and Space 
                                Administration Authorization 
                                Act of 2000 (Public Law 106-
                                391, 114 Stat. 1577);
                                  (II) providing no barriers to 
                                companies described in 
                                subparagraph (A) with respect 
                                to local investment 
                                opportunities that are not 
                                provided to foreign companies 
                                in the United States; and
                                  (III) providing adequate and 
                                effective protection for the 
                                intellectual property rights of 
                                companies described in 
                                subparagraph (A).
          (2) In general.--Before entering into an obligation 
        described in subsection (a), the Administrator shall 
        consider the national interests of the United States 
        described in paragraph (3) of this subsection.
          (3) Description of national interests.--International 
        cooperation in space exploration and science activities 
        most effectively serves the United States national 
        interest when it--
                  (A) (i) reduces the cost of undertaking 
                missions the United States Government would 
                pursue unilaterally;
                          (ii) enables the United States to 
                        pursue missions that it could not 
                        otherwise afford to pursue 
                        unilaterally; or
                          (iii) enhances United States 
                        capabilities to use and develop space 
                        for the benefit of United States 
                        citizens;
                  (B) is undertaken in a manner that is 
                sensitive to the desire of United States 
                commercial providers to develop or explore 
                space commercially;
                  (C) is consistent with the need for Federal 
                agencies to use space to complete their 
                missions; and
                  (D) is carried out in a manner consistent 
                with United States export control laws.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3369.)

                     Historical and Revision Notes

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

    In subsection (b)(1), the definition of ``United States 
commercial provider'' is added to carry forward the appropriate 
definition from section 3 of the National Aeronautics and Space 
Administration Authorization Act of 2000 (Public Law 106-391, 
114 Stat. 1580).
    In subsection (b)(3), the description of national interests 
of the United States is added to carry forward the appropriate 
description of national interests of the United States from 
section 2(6) of the National Aeronautics and Space 
Administration Authorization Act of 2000 (Public Law 106-391, 
114 Stat. 1578).

                           REFERENCES IN TEXT

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

     LIMITATION ON INTERNATIONAL AGREEMENTS CONCERNING OUTER SPACE 
                               ACTIVITIES

    Pub. L. 112-239, div. A, title IX, 913(a), (b), Jan. 2, 
2013, 126 Stat. 1874, provided that:
    ``(a) Certification Required.--If the United States becomes 
a signatory to a non-legally binding international agreement 
concerning an International Code of Conduct for Outer Space 
Activities or any similar agreement, at the same time as the 
United States becomes such a signatory--
          ``(1) the President shall submit to the congressional 
        defense committees [Committees on Armed Services and 
        Appropriations of the Senate and the House of 
        Representatives], the Permanent Select Committee on 
        Intelligence of the House of Representatives, and the 
        Select Committee on Intelligence of the Senate a 
        certification that such agreement has no legally-
        binding effect or basis for limiting the activities of 
        the United States in outer space; and
          ``(2) the Secretary of Defense, the Chairman of the 
        Joint Chiefs of Staff, and the Director of National 
        Intelligence shall jointly submit to the congressional 
        defense committees a certification that such agreement 
        will be equitable, enhance national security, and have 
        no militarily significant impact on the ability of the 
        United States to conduct military or intelligence 
        activities in space.
    ``(b) Briefings and Notifications Required.--
          ``(1) Restatement of policy formulation under the 
        arms control and disarmament act with respect to outer 
        space.--No action shall be taken that would obligate 
        the United States to reduce or limit the Armed Forces 
        or armaments of the United States in outer space in a 
        militarily significant manner, except pursuant to the 
        treaty-making power of the President set forth in 
        Article II, Section 2, Clause II of the Constitution or 
        unless authorized by the enactment of further 
        affirmative legislation by the Congress of the United 
        States.
          ``(2) Briefings.--
                  ``(A) Requirement.--The Secretary of Defense, 
                the Secretary of State, and the Director of 
                National Intelligence shall jointly provide to 
                the covered congressional committees regular, 
                detailed updates on the negotiation of a non-
                legally binding international agreement 
                concerning an International Code of Conduct for 
                Outer Space Activities or any similar 
                agreement.
                  ``(B) Termination of requirement.--The 
                requirement to provide regular briefings under 
                subparagraph (A) shall terminate on the date on 
                which the United States becomes a signatory to 
                an agreement referred to in subparagraph (A), 
                or on the date on which the President certifies 
                to Congress that the United States is no longer 
                negotiating an agreement referred to in 
                subparagraph (A), whichever is earlier.
          ``(3) Notifications.--If the United States becomes a 
        signatory to a non-legally binding international 
        agreement concerning an International Code of Conduct 
        for Outer Space Activities or any similar agreement, 
        not less than 60 days prior to any action that will 
        obligate the United States to reduce or limit the Armed 
        Forces or armaments or activities of the United States 
        in outer space, the head of each Department or agency 
        of the Federal Government that is affected by such 
        action shall submit to Congress notice of such action 
        and the effect of such action on such Department or 
        agency.
          ``(4) Definition.--In this subsection, the term 
        'covered congressional committees' means--
                  ``(A) the Committee on Armed Services, the 
                Committee on Foreign Affairs, and the Permanent 
                Select Committee on Intelligence of the House 
                of Representatives; and
                  ``(B) the Committee on Armed Services, the 
                Committee on Foreign Relations, and the Select 
                Committee on Intelligence of the Senate.''

Sec. 30702. Foreign contract limitation

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

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3371.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
30702................................  42 U.S.C. 2475b.                   Pub. L. 106-391, title III, Sec.  305,
                                                                           Oct. 30, 2000, 144 Stat. 1592.
----------------------------------------------------------------------------------------------------------------

Sec. 30703. Foreign launch vehicles

    (a) Accord With Space Transportation Policy.--The 
Administration shall not launch a payload on a foreign launch 
vehicle except in accordance with the Space Transportation 
Policy announced by the President on December 21, 2004. This 
subsection shall not be construed to prevent the President from 
waiving the Space Transportation Policy.
    (b) Interagency Coordination.--The Administration shall not 
launch a payload on a foreign launch vehicle unless the 
Administration commenced the interagency coordination required 
by the Space Transportation Policy announced by the President 
on December 21, 2004, at least 90 days before entering into a 
development contract for the payload.
    (c) Application.--This section shall not apply to any 
payload for which development has begun prior to December 30, 
2005, including the James Webb Space Telescope.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3371.)

                     Historical and Revision Notes

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

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

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

    The Administrator shall submit to Congress, not later than 
120 days after the end of each fiscal year, a report on the 
contracts and subcontracts performed overseas and the amount of 
purchases directly or indirectly by the Administration from 
foreign entities in that fiscal year. The report shall 
separately indicate--
          (1) the contracts and subcontracts and their dollar 
        values for which the Administrator determines that 
        essential goods or services under the contract are 
        available only from a source outside the United States; 
        and
          (2) the items and their dollar values for which the 
        Buy American Act (41 U.S.C. 10a et seq.) was waived 
        pursuant to obligations of the United States under 
        international agreements.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3371.)

                     Historical and Revision Notes

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

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

                           REFERENCES IN TEXT

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

                          CHAPTER 309--AWARDS

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

Sec. 30901. Congressional Space Medal of Honor

    (a) Authority to Award.--The President may award, and 
present in the name of Congress, a medal of appropriate design, 
which shall be known as the Congressional Space Medal of Honor, 
to any astronaut who in the performance of the astronaut's 
duties has distinguished himself or herself by exceptionally 
meritorious efforts and contributions to the welfare of the 
Nation and of humankind.
    (b) Appropriations.--There is authorized to be appropriated 
from time to time such sums of money as may be necessary to 
carry out the purposes of this section.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3371.)

                     Historical and Revision Notes

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

Sec. 30902. Charles ``Pete'' Conrad Astronomy Awards

    (a) Short Title.--This section may be cited as the 
``Charles 'Pete' Conrad Astronomy Awards Act''.
    (b) Definitions.--In this section:
          (1) Amateur astronomer.--The term ``amateur 
        astronomer'' means an individual whose employer does 
        not provide any funding, payment, or compensation to 
        the individual for the observation of asteroids and 
        other celestial bodies, and does not include any 
        individual employed as a professional astronomer.
          (2) Minor planet center.--The term ``Minor Planet 
        Center'' means the Minor Planet Center of the 
        Smithsonian Astrophysical Observatory.
          (3) Near-earth asteroid.--The term ``near-Earth 
        asteroid'' means an asteroid with a perihelion distance 
        of less than 1.3 Astronomical Units from the Sun.
          (4) Program.--The term ``Program'' means the Charles 
        ``Pete'' Conrad Astronomy Awards Program established 
        under subsection (c).
    (c) Charles ``Pete'' Conrad Astronomy Awards Program.--
          (1) In general.--The Administrator shall establish 
        the Charles ``Pete'' Conrad Astronomy Awards Program.
          (2) Awards.--The Administrator shall make awards 
        under the Program based on the recommendations of the 
        Minor Planet Center.
          (3) Award categories.--The Administrator shall make 
        one annual award, unless there are no eligible 
        discoveries or contributions, for each of the following 
        categories:
                  (A) Discovery of brightest near-earth 
                asteroid.--The amateur astronomer or group of 
                amateur astronomers who in the preceding 
                calendar year discovered the intrinsically 
                brightest near-Earth asteroid among the near-
                Earth asteroids that were discovered during 
                that year by amateur astronomers or groups of 
                amateur astronomers.
                  (B) Greatest contribution to cataloguing 
                near-earth asteroids.--The amateur astronomer 
                or group of amateur astronomers who made the 
                greatest contribution to the Minor Planet 
                Center's mission of cataloguing near-Earth 
                asteroids during the preceding year.
          (4) Award amount.--An award under the Program shall 
        be in the amount of $3,000.
          (5) Guidelines.--
                  (A) Citizen or permanent resident.--No 
                individual who is not a citizen or permanent 
                resident of the United States at the time of 
                the individual's discovery or contribution may 
                receive an award under this section.
                  (B) Finality.--The decisions of the 
                Administrator in making awards under this 
                section are final.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3372.)

                     Historical and Revision Notes

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

                          CHAPTER 311--SAFETY

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

Sec. 31101. Aerospace Safety Advisory Panel

    (a) Establishment and Members.--There is established an 
Aerospace Safety Advisory Panel consisting of a maximum of 9 
members who shall be appointed by the Administrator for terms 
of 6 years each. Not more than 4 such members shall be chosen 
from among the officers and employees of the Administration.
    (b) Chairman.--One member shall be designated by the Panel 
as its Chairman.
    (c) Duties.--The Panel shall--
          (1) review safety studies and operations plans 
        referred to it, including evaluating the 
        Administration's compliance with the return-to-flight 
        and continue-to-fly recommendations of the Columbia 
        Accident Investigation Board, and make reports thereon;
          (2) advise the Administrator and Congress with 
        respect to--
                  (A) the hazards of proposed or existing 
                facilities and proposed operations;
                  (B) the adequacy of proposed or existing 
                safety standards; and
                  (C) management and culture related to safety; 
                and
          (3) perform such other duties as the Administrator 
        may request.
    (d) Compensation and Expenses.--
          (1) Compensation.--
                  (A) Federal officers and employees.--A member 
                of the Panel who is an officer or employee of 
                the Federal Government shall receive no 
                compensation for the member's services as such.
                  (B) Members appointed from outside the 
                federal government.--A member of the Panel 
                appointed from outside the Federal Government 
                shall receive compensation, at a rate not to 
                exceed the per diem rate equivalent to the 
                maximum rate payable under section 5376 of 
                title 5, for each day the member is engaged in 
                the actual performance of duties vested in the 
                Panel.
          (2) Expenses.--A member of the Panel shall be allowed 
        necessary travel expenses (or in the alternative, 
        mileage for use of a privately owned vehicle and a per 
        diem in lieu of subsistence not to exceed the rate and 
        amount prescribed in sections 5702 and 5704 of title 
        5), and other necessary expenses incurred by the member 
        in the performance of duties vested in the Panel, 
        without regard to the provisions of subchapter I of 
        chapter 57 of title 5, the Standardized Government 
        Travel Regulations, or section 5731 of title 5.
    (e) Annual Report.--The Panel shall submit an annual report 
to the Administrator and to Congress. In the first annual 
report submitted after December 30, 2005, the Panel shall 
include an evaluation of the Administration's management and 
culture related to safety. Each annual report shall include an 
evaluation of the Administration's compliance with the 
recommendations of the Columbia Accident Investigation Board 
through retirement of the space shuttle.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3373.)

                     Historical and Revision Notes

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

    In subsection (d)(1)(B), the words ``maximum rate payable 
under section 5376 of title 5'' are substituted for ``rate for 
GS-18'' because of section 101(c) of the Federal Employees Pay 
Comparability Act of 1990 (Public Law 101-509, 5 U.S.C. 5376 
note).
    In subsection (e), the date ``December 30, 2005'' is 
substituted for ``the date of enactment of the National 
Aeronautics and Space Administration Authorization Act of 
2005'' to reflect the date of enactment of the National 
Aeronautics and Space Administration Authorization Act of 2005 
(Public Law 109-155, 119 Stat. 2895).

Sec. 31102. Drug and alcohol testing

    (a) Definition of Controlled Substance.--In this section, 
the term ``controlled substance'' means any substance under 
section 102(6) of the Controlled Substances Act (21 U.S.C. 
802(6)) specified by the Administrator.
    (b) Testing Program.--
          (1) Employees of administration.--The Administrator 
        shall establish a program applicable to employees of 
        the Administration whose duties include responsibility 
        for safety-sensitive, security, or national security 
        functions. Such program shall provide for 
        preemployment, reasonable suspicion, random, and post-
        accident testing for use, in violation of applicable 
        law or Federal regulation, of alcohol or a controlled 
        substance. The Administrator may also prescribe 
        regulations, as the Administrator considers appropriate 
        in the interest of safety, security, and national 
        security, for the conduct of periodic recurring testing 
        of such employees for such use in violation of 
        applicable law or Federal regulation.
          (2) Employees of contractors.--The Administrator 
        shall, in the interest of safety, security, and 
        national security, prescribe regulations. Such 
        regulations shall establish a program that requires 
        Administration contractors to conduct preemployment, 
        reasonable suspicion, random, and post-accident testing 
        of contractor employees responsible for safety-
        sensitive, security, or national security functions (as 
        determined by the Administrator) for use, in violation 
        of applicable law or Federal regulation, of alcohol or 
        a controlled substance. The Administrator may also 
        prescribe regulations, as the Administrator considers 
        appropriate in the interest of safety, security, and 
        national security, for the conduct of periodic 
        recurring testing of such employees for such use in 
        violation of applicable law or Federal regulation.
          (3) Suspension, disqualification, or dismissal.--In 
        prescribing regulations under the programs required by 
        this subsection, the Administrator shall require, as 
        the Administrator considers appropriate, the 
        suspension, disqualification, or dismissal of any 
        employee to which paragraph (1) or (2) applies, in 
        accordance with the provisions of this section, in any 
        instance where a test conducted and confirmed under 
        this section indicates that such employee has used, in 
        violation of applicable law or Federal regulation, 
        alcohol or a controlled substance.
    (c) Prohibition on Service.--
          (1) Prohibition unless program of rehabilitation 
        completed.--No individual who is determined by the 
        Administrator under this section to have used, in 
        violation of applicable law or Federal regulation, 
        alcohol or a controlled substance after December 9, 
        1991, shall serve as an Administration employee with 
        responsibility for safety-sensitive, security, or 
        national security functions (as determined by the 
        Administrator), or as an Administration contractor 
        employee with such responsibility, unless such 
        individual has completed a program of rehabilitation 
        described in subsection (d).
          (2) Unconditional prohibition.--Any such individual 
        determined by the Administrator under this section to 
        have used, in violation of applicable law or Federal 
        regulation, alcohol or a controlled substance after 
        December 9, 1991, shall not be permitted to perform the 
        duties that the individual performed prior to the date 
        of the determination, if the individual--
                  (A) engaged in such use while on duty;
                  (B) prior to such use had undertaken or 
                completed a rehabilitation program described in 
                subsection (d);
                  (C) following such determination refuses to 
                undertake such a rehabilitation program; or
                  (D) following such determination fails to 
                complete such a rehabilitation program.
    (d) Program for Rehabilitation.--
          (1) Regulations and availability of program for 
        contractor employees.--The Administrator shall 
        prescribe regulations setting forth requirements for 
        rehabilitation programs which at a minimum provide for 
        the identification and opportunity for treatment of 
        employees referred to in subsection (b) in need of 
        assistance in resolving problems with the use, in 
        violation of applicable law or Federal regulation, of 
        alcohol or a controlled substance. Each contractor is 
        encouraged to make such a program available to all of 
        its employees in addition to those employees referred 
        to in subsection (b)(2). The Administrator shall 
        determine the circumstances under which such employees 
        shall be required to participate in such a program. 
        Nothing in this subsection shall preclude any 
        Administration contractor from establishing a program 
        under this subsection in cooperation with any other 
        such contractor.
          (2) Establishment and maintenance of program for 
        administration employees.--The Administrator shall 
        establish and maintain a rehabilitation program which 
        at a minimum provides for the identification and 
        opportunity for treatment of those employees of the 
        Administration whose duties include responsibility for 
        safety-sensitive, security, or national security 
        functions who are in need of assistance in resolving 
        problems with the use of alcohol or controlled 
        substances.
    (e) Procedures for Testing.--In establishing the programs 
required under subsection (b), the Administrator shall develop 
requirements which shall--
          (1) promote, to the maximum extent practicable, 
        individual privacy in the collection of specimen 
        samples;
          (2) with respect to laboratories and testing 
        procedures for controlled substances, incorporate the 
        Department of Health and Human Services scientific and 
        technical guidelines dated April 11, 1988, and any 
        subsequent amendments thereto, including mandatory 
        guidelines which--
                  (A) establish comprehensive standards for all 
                aspects of laboratory controlled substances 
                testing and laboratory procedures to be applied 
                in carrying out this section, including 
                standards which require the use of the best 
                available technology for ensuring the full 
                reliability and accuracy of controlled 
                substances tests and strict procedures 
                governing the chain of custody of specimen 
                samples collected for controlled substances 
                testing;
                  (B) establish the minimum list of controlled 
                substances for which individuals may be tested; 
                and
                  (C) establish appropriate standards and 
                procedures for periodic review of laboratories 
                and criteria for certification and revocation 
                of certification of laboratories to perform 
                controlled substances testing in carrying out 
                this section;
          (3) require that all laboratories involved in the 
        controlled substances testing of any individual under 
        this section shall have the capability and facility, at 
        such laboratory, of performing screening and 
        confirmation tests;
          (4) provide that all tests which indicate the use, in 
        violation of applicable law or Federal regulation, of 
        alcohol or a controlled substance by any individual 
        shall be confirmed by a scientifically recognized 
        method of testing capable of providing quantitative 
        data regarding alcohol or a controlled substance;
          (5) provide that each specimen sample be subdivided, 
        secured, and labelled in the presence of the tested 
        individual and that a portion thereof be retained in a 
        secure manner to prevent the possibility of tampering, 
        so that in the event the individual's confirmation test 
        results are positive the individual has an opportunity 
        to have the retained portion assayed by a confirmation 
        test done independently at a second certified 
        laboratory if the individual requests the independent 
        test within 3 days after being advised of the results 
        of the initial confirmation test;
          (6) ensure appropriate safeguards for testing to 
        detect and quantify alcohol in breath and body fluid 
        samples, including urine and blood, through the 
        development of regulations as may be necessary and in 
        consultation with the Department of Health and Human 
        Services;
          (7) provide for the confidentiality of test results 
        and medical information of employees; and
          (8) ensure that employees are selected for tests by 
        nondiscriminatory and impartial methods, so that no 
        employee is harassed by being treated differently from 
        other employees in similar circumstances.
    (f) Effect on Other Laws and Regulations.--
          (1) Consistency with federal regulation.--No State or 
        local government shall adopt or have in effect any law, 
        rule, regulation, ordinance, standard, or order that is 
        inconsistent with the regulations promulgated under 
        this section.
          (2) Continuance of regulations issued before december 
        9, 1991.--Nothing in this section shall be construed to 
        restrict the discretion of the Administrator to 
        continue in force, amend, or further supplement any 
        regulations issued before December 9, 1991, that govern 
        the use of alcohol and controlled substances by 
        Administration employees with responsibility for 
        safety-sensitive, security, and national security 
        functions (as determined by the Administrator), or by 
        Administration contractor employees with such 
        responsibility.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3374.)

                     Historical and Revision Notes

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

    In subsection (b)(2), the words ``within 18 months after 
the date of enactment of this Act'' are omitted as obsolete.
    In paragraphs (1) and (2) of subsection (c), and in 
subsection (f)(2), the date ``December 9, 1991'' is substituted 
for ``the date of enactment of this Act'' to reflect the date 
of enactment of the National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1992 (Public Law 
102-195, 105 Stat. 1605).

                                FINDINGS

    Pub. L. 102-195, Sec. 21(b), Dec. 9, 1991, 105 Stat. 1616, 
provided that: ``The Congress finds that--
          ``(1) alcohol abuse and illegal drug use pose 
        significant dangers to the safety and welfare of the 
        Nation;
          ``(2) the success of the United States civil space 
        program is contingent upon the safe and successful 
        development and deployment of the many varied 
        components of that program;
          ``(3) the greatest efforts must be expended to 
        eliminate the abuse of alcohol and use of illegal 
        drugs, whether on duty or off duty, by those 
        individuals who are involved in the positions affecting 
        safety, security, and national security;
          ``(4) the use of alcohol and illegal drugs has been 
        demonstrated to adversely affect the performance of 
        individuals, and has been proven to have been a 
        critical factor in accidents in the workplace;
          ``(5) the testing of uniformed personnel of the Armed 
        Forces has shown that the most effective deterrent to 
        abuse of alcohol and use of illegal drugs is increased 
        testing, including random testing;
          ``(6) adequate safeguards can be implemented to 
        ensure that testing for abuse of alcohol or use of 
        illegal drugs is performed in a manner which protects 
        an individual's right of privacy, ensures that no 
        individual is harassed by being treated differently 
        from other individuals, and ensures that no 
        individual's reputation or career development is unduly 
        threatened or harmed; and
          ``(7) rehabilitation is a critical component of any 
        testing program for abuse of alcohol or use of illegal 
        drugs, and should be made available to individuals, as 
        appropriate.''

                        CHAPTER 313--HEALTHCARE

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

Sec. 31301. Healthcare program

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

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3376.)

                     Historical and Revision Notes

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

Sec. 31302. Astronaut healthcare survey

    (a) Survey.--The Administrator shall administer an 
anonymous survey of astronauts and flight surgeons to evaluate 
communication, relationships, and the effectiveness of 
policies. The survey questions and the analysis of results 
shall be evaluated by experts independent of the 
Administration. The survey shall be administered on at least a 
biennial basis.
    (b) Report.--The Administrator shall transmit a report of 
the results of the survey to Congress not later than 90 days 
following completion of the survey.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3377.)

                     Historical and Revision Notes

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

                       CHAPTER 315--MISCELLANEOUS

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

Sec. 31501. Orbital debris

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

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3377.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
31501................................  42 U.S.C. 16781.                   Pub. L. 109-155, title VI, Sec.  601,
                                                                           Dec. 30, 2005, 110 Stat. 2931.
----------------------------------------------------------------------------------------------------------------

Sec. 31502. Maintenance of facilities

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

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3377.)

                     Historical and Revision Notes

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

                     FACILITIES AND INFRASTRUCTURE

    Pub. L. 115-10, title VIII, Sec. 837, Mar. 21, 2017, 131 
Stat. 69, provided that:
    ``(a) Sense of Congress.--It is the sense of Congress 
that--
          ``(1) the [National Aeronautics and Space] 
        Administration must address, mitigate, and reverse, 
        where possible, the deterioration of its facilities and 
        infrastructure, as their condition is hampering the 
        effectiveness and efficiency of research performed by 
        both the Administration and industry participants 
        making use of Administration facilities, thus harming 
        the competitiveness of the United States aerospace 
        industry;
          ``(2) the Administration has a role in providing 
        laboratory capabilities to industry participants that 
        are not economically viable as commercial entities and 
        thus are not available elsewhere;
          ``(3) to ensure continued access to reliable and 
        efficient world-class facilities by researchers, the 
        Administration should establish strategic partnerships 
        with other Federal agencies, State agencies, FAA-
        licensed spaceports, institutions of higher education, 
        and industry, as appropriate; and
          ``(4) decisions on whether to dispose of, maintain, 
        or modernize existing facilities must be made in the 
        context of meeting Administration and other needs, 
        including those required to meet the activities 
        supporting the human exploration roadmap under section 
        432 of this Act [set out in a note under section 20302 
        of this title], considering other national laboratory 
        needs as the Administrator [of the National Aeronautics 
        and Space Administration] deems appropriate.
    ``(b) Policy.--It is the policy of the United States that 
the Administration maintain reliable and efficient facilities 
and infrastructure and that decisions on whether to dispose of, 
maintain, or modernize existing facilities or infrastructure be 
made in the context of meeting future Administration needs.''
    (c) ``Plan.--
          ``(1) In general.--The Administrator shall develop a 
        facilities and infrastructure plan.
          ``(2) Goal.--The goal of the plan is to position the 
        Administration to have the facilities and 
        infrastructure, including laboratories, tools, and 
        approaches, necessary to meet future Administration and 
        other Federal agencies' laboratory needs.
          ``(3) Contents.--The plan shall identify--
                  ``(A) current Administration and other 
                Federal agency laboratory needs;
                  ``(B) future Administration research and 
                development and testing needs;
                  ``(C) a strategy for identifying facilities 
                and infrastructure that are candidates for 
                disposal, that is consistent with the national 
                strategic direction set forth in--
                          ``(i) the National Space Policy;
                          ``(ii) the National Aeronautics 
                        Research, Development, Test, and 
                        Evaluation Infrastructure Plan;
                          ``(iii) the National Aeronautics and 
                        Space Administration Authorization Act 
                        of 2005 (Public Law 109-155; 119 Stat. 
                        2895) [see Tables for classification], 
                        National Aeronautics and Space 
                        Administration Authorization Act of 
                        2008 (Public Law 110-422; 122 Stat. 
                        4779) [see Tables for classification], 
                        and National Aeronautics and Space 
                        Administration Authorization Act of 
                        2010 (42 U.S.C. 18301 et seq.); and
                          ``(iv) the human exploration roadmap 
                        under section 432 of this Act [set out 
                        in a note under section 20302 of this 
                        title];
                  ``(D) a strategy for the maintenance, repair, 
                upgrading, and modernization of Administration 
                facilities and infrastructure, including 
                laboratories and equipment;
                  ``(E) criteria for--
                          ``(i) prioritizing deferred 
                        maintenance tasks;
                          ``(ii) maintaining, repairing, 
                        upgrading, or modernizing 
                        Administration facilities and 
                        infrastructure; and
                          ``(iii) implementing processes, 
                        plans, and policies for guiding the 
                        Administration's Centers on whether to 
                        maintain, repair, upgrade, or modernize 
                        a facility or infrastructure and for 
                        determining the type of instrument to 
                        be used;
                  ``(F) an assessment of modifications needed 
                to maximize usage of facilities that offer 
                unique and highly specialized benefits to the 
                aerospace industry and the American public; and
                  ``(G) implementation steps, including a 
                timeline, milestones, and an estimate of 
                resources required for carrying out the plan.
    ``(d) Requirement To Establish Policy.--
          ``(1) In general.--Not later than 180 days after the 
        date of enactment of this Act [Mar. 21, 2017], the 
        Administrator shall establish and make publicly 
        available a policy that guides the Administration's use 
        of existing authorities to out-grant, lease, excess to 
        the General Services Administration, sell, 
        decommission, demolish, or otherwise transfer property, 
        facilities, or infrastructure.
          ``(2) Criteria.--The policy shall include criteria 
        for the use of authorities, best practices, 
        standardized procedures, and guidelines for how to 
        appropriately manage property, facilities, and 
        infrastructure.
    ``(e) Submission to Congress.--Not later than 1 year after 
the date of enactment of this Act, the Administrator shall 
submit to the appropriate committees of Congress [Committee on 
Commerce, Science, and Transportation of the Senate and 
Committee on Science, Space, and Technology of the House of 
Representatives] the plan developed under subsection (c).''

Sec. 31503. Laboratory productivity

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

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3377.)

                     Historical and Revision Notes

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

Sec. 31504. Cooperative unmanned aerial vehicle activities

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

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3377.)

                     Historical and Revision Notes

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

Sec. 31505. Development of enhanced-use lease policy

    (a) In General.--The Administrator shall develop an agency-
wide enhanced-use lease policy that--
          (1) is based upon sound business practices and 
        lessons learned from the demonstration centers; and
          (2) establishes controls and procedures to ensure 
        accountability and protect the interests of the 
        Government.
    (b) Contents.--The policy required by subsection (a) shall 
include the following:
          (1) Criteria for determining economic value.--
        Criteria for determining whether enhanced-use lease 
        provides better economic value to the Government than 
        other options, such as--
                  (A) Federal financing through appropriations; 
                or
                  (B) sale of the property.
          (2) Security and access.--Requirement for the 
        identification of proposed physical and procedural 
        changes needed to ensure security and restrict access 
        to specified areas, coordination of proposed changes 
        with existing site tenants, and development of 
        estimated costs of such changes.
          (3) Measures of effectiveness.--Measures of 
        effectiveness for the enhanced-use lease program.
          (4) Accounting controls.--Accounting controls and 
        procedures to ensure accountability, such as an audit 
        trail and documentation to readily support financial 
        transactions.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3377.)

                     Historical and Revision Notes

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


SUBTITLE IV OF TITLE 51, U.S.C.

SUBTITLE IV OF TITLE 51, U.S.C.

       Subtitle IV--Aeronautics and Space Research and Education

                        CHAPTER 401--AERONAUTICS

                          Subchapter I--General

Sec.
40101. Definition of institution of higher education.
40102. Governmental interest in aeronautics research and development.
40103. Cooperation with other agencies on aeronautics activities.
40104. Cooperation among Mission Directorates.

   Subchapter II--High Priority Aeronautics Research and Development 
                                Programs

40111. Fundamental research program.
40112. Research and technology programs.
40113. Airspace systems research.
40114. Aviation safety and security research.
40115. Aviation weather research.
40116. University-based Centers for Research on Aviation Training.

                      Subchapter III--Scholarships

40131. Aeronautics scholarships.

                      Subchapter IV--Data Requests

40141. Aviation data requests.

                         Subchapter I--General

Sec. 40101. Definition of institution of higher education

    In this chapter, the term ``institution of higher 
education'' has the meaning given the term by section 101 of 
the Higher Education Act of 1965 (20 U.S.C. 1001).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3378.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40101................................  42 U.S.C. 16701.                   Pub. L. 109-155, title IV, Sec.  401,
                                                                           Dec. 30, 2005, 119 Stat. 2923.
----------------------------------------------------------------------------------------------------------------

Sec. 40102. Governmental interest in aeronautics research and 
                    development

    Congress reaffirms the national commitment to aeronautics 
research made in chapter 201 of this title. Aeronautics 
research and development remains a core mission of the 
Administration. The Administration is the lead agency for civil 
aeronautics research. Further, the government of the United 
States shall promote aeronautics research and development that 
will expand the capacity, ensure the safety, and increase the 
efficiency of the Nation's air transportation system, promote 
the security of the Nation, protect the environment, and retain 
the leadership of the United States in global aviation.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3379.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40102................................  42 U.S.C. 16711.                   Pub. L. 109-155, title IV, Sec.  411,
                                                                           Dec. 30, 2005, 119 Stat. 2923.
----------------------------------------------------------------------------------------------------------------

   EX. ORD. NO. 13419. NATIONAL AERONAUTICS RESEARCH AND DEVELOPMENT

    Ex. Ord. No. 13419, Dec. 20, 2006, 71 F.R. 77565, provided:
    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including section 204 of the National Science and Technology 
Policy, Organization, and Priorities Act of 1976, as amended 
(42 U.S.C. 6613), section 101(c) of the National Aeronautics 
and Space Administration Authorization Act of 2005 (Public Law 
109-155), and section 301 of title 3, United States Code, it is 
hereby ordered as follows:
    SECTION 1. National Aeronautics Research and Development 
Policy. Continued progress in aeronautics, the science of 
flight, is essential to America's economic success and the 
protection of America's security interests at home and around 
the globe. Accordingly, it shall be the policy of the United 
States to facilitate progress in aeronautics research and 
development (R&D) through appropriate funding and activities of 
the Federal Government, in cooperation with State, territorial, 
tribal, local, and foreign governments, international 
organizations, academic and research institutions, private 
organizations, and other entities, as appropriate. The Federal 
Government shall only undertake roles in supporting aeronautics 
R&D that are not more appropriately performed by the private 
sector. The National Aeronautics Research and Development 
Policy prepared by the National Science and Technology Council 
should, to the extent consistent with this order and its 
implementation, guide the aeronautics R&D programs of the 
United States through 2020.
    SEC. 2. Functions of the Director of the Office of Science 
and Technology Policy. To implement the policy set forth in 
section 1 of this order, the Director of the Office of Science 
and Technology Policy (the ``Director'') shall:
    (a) review the funding and activities of the Federal 
Government relating to aeronautics R&D
    (b) recommend to the President, the Director of the Office 
of Management and Budget, and the heads of executive 
departments and agencies, as appropriate, such actions with 
respect to funding and activities of the Federal Government 
relating to aeronautics R&D as may be necessary to
    (i) advance United States technological leadership in 
aeronautics;
    (ii) support innovative research leading to significant 
advances in aeronautical concepts, technologies, and 
capabilities;
    (iii) pursue and develop advanced aeronautics concepts and 
technologies, including those for advanced aircraft systems and 
air transportation management systems, to benefit America's 
security and effective and efficient national airspace 
management;
    (iv) maintain and advance United States aeronautics 
research, development, test and evaluation infrastructure to 
provide effective experimental and computational capabilities 
in support of aeronautics R&D
    (v) facilitate the educational development of the future 
aeronautics workforce as needed to further Federal Government 
interests;
    (vi) enhance coordination and communication among executive 
departments and agencies to maximize the effectiveness of 
Federal Government R&D resources; and
    (vii) ensure appropriate Federal Government coordination 
with State, territorial, tribal, local, and foreign 
governments, international organizations, academic and research 
institutions, private organizations, and other entities.
    SEC. 3. Implementation of National Aeronautics Research and 
Development Policy. To implement the policy set forth in 
section 1 of this order, the Director shall:
    (a) develop and, not later than 1 year after the date of 
this order, submit for approval by the President a plan for 
national aeronautics R&D and for related infrastructure, (the 
``plan''), and thereafter submit, not less often than 
biennially, to the President for approval any changes to the 
plan;
    (b) monitor and report to the President as appropriate on 
the implementation of the approved plan;
    (c) ensure that executive departments and agencies 
conducting aeronautics R&D:
    (i) obtain and exchange information and advice, as 
appropriate, from organizations and individuals outside the 
Federal Government in support of Federal Government planning 
and performance of aeronautics R&D
    (ii) develop and implement, as appropriate, measures for 
improving dissemination of R&D results and facilitating 
technology transition from R&D to applications; and
    (iii) identify and promote innovative policies and 
approaches that complement and enhance Federal Government 
aeronautics R&D investment; and
    (d) report to the President on the results of the efforts 
of executive departments and agencies to implement paragraphs 
(c)(i) through (iii) of this section.
    SEC. 4. General Provisions. (a) In implementing this order, 
the Director shall:
    (i) obtain as appropriate the assistance of the National 
Science and Technology Council in the performance of the 
Director's functions under this order, consistent with 
Executive Order 12881 of November 23, 1993, as amended;
    (ii) coordinate as appropriate with the Director of the 
Office of Management and Budget; and
    (iii) obtain information and advice from all sources as 
appropriate, including individuals associated with academic and 
research institutions and private organizations.
    (b) The functions of the President under subsection (c) of 
section 101 of the National Aeronautics and Space 
Administration Authorization Act of 2005, except the function 
of designation, are assigned to the Director of the Office of 
Science and Technology Policy. In performing these assigned 
functions, the Director shall, as appropriate, consult the 
Administrator of the National Aeronautics and Space 
Administration, the Secretary of Defense, the Secretary of 
Transportation, the Director of the Office of Management and 
Budget, and other heads of executive departments and agencies 
as appropriate. The Director also shall ensure that all actions 
taken in the performance of such functions are consistent with 
the authority set forth in subsections (a) through (d) of 
section 6 of Executive Order 13346 of July 8, 2004.
    (c) This order shall be implemented in a manner consistent 
with:
    (i) applicable law, including section 102A(i) of the 
National Security Act of 1947, as amended ([former] 50 U.S.C. 
403-1(i)) [now 50 U.S.C. 3024(i)], and subject to the 
availability of appropriations; and
    (ii) statutory authority of the principal officers of 
executive departments and agencies as the heads of their 
respective departments and agencies.
    (d) This order shall not be construed to impair or 
otherwise affect the functions of the Director of the Office of 
Management and Budget relating to budget, administrative, and 
legislative proposals.
    (e) This order is not intended to, and does not, create any 
rights or benefits, substantive or procedural, enforceable at 
law or in equity by a party against the United States, its 
departments, agencies, instrumentalities, or entities, its 
officers, employees, or agents, or any other person.

                                                    George W. Bush.

Sec. 40103. Cooperation with other agencies on aeronautics activities

    The Administrator shall coordinate, as appropriate, the 
Administration's aeronautics activities with relevant programs 
in the Department of Transportation, the Department of Defense, 
the Department of Commerce, and the Department of Homeland 
Security, including the activities of the Next Generation Air 
Transportation System Joint Planning and Development Office 
established under section 709 of the Vision 100--Century of 
Aviation Reauthorization Act (Public Law 108-176, 49 U.S.C. 
40101 note).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3379.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40103................................  42 U.S.C. 16712(b).                Pub. L. 110-69, title II, Sec.
                                                                           2002(b), Aug. 9, 2007, 121 Stat. 583.
----------------------------------------------------------------------------------------------------------------

    The words ``Next Generation Air Transportation System'' are 
inserted before ``Joint Planning and Development Office'' for 
consistency with section 709 of the Vision 100--Century of 
Aviation Reauthorization Act (Public Law 108-176, 49 U.S.C. 
40101 note).

Sec. 40104. Cooperation among Mission Directorates

    Research and development activities performed by the 
Aeronautics Research Mission Directorate with the primary 
objective of assisting in the development of a flight project 
in another Mission Directorate shall be funded by the Mission 
Directorate seeking assistance.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3379.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40104................................  42 U.S.C. 17724.                   Pub. L. 110-422, title III, Sec.  307,
                                                                           Oct. 15, 2008, 122 Stat. 4788.
----------------------------------------------------------------------------------------------------------------

   Subchapter II--High Priority Aeronautics Research and Development 
                                Programs

Sec. 40111. Fundamental research program

    (a) Objective.--In order to ensure that the Nation 
maintains needed capabilities in fundamental areas of 
aeronautics research, the Administrator shall establish a 
program of long-term fundamental research in aeronautical 
sciences and technologies that is not tied to specific 
development projects.
    (b) Operation.--The Administrator shall conduct the program 
under this section, in part by awarding grants to institutions 
of higher education. The Administrator shall encourage the 
participation of institutions of higher education located in 
States that participate in the Experimental Program to 
Stimulate Competitive Research. All grants to institutions of 
higher education under this section shall be awarded through 
merit review.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3379.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40111................................  42 U.S.C. 16721(a), (b).           Pub. L. 109-155, title IV, Sec.
                                                                           421(a), (b), Dec. 30, 2005, 199 Stat.
                                                                           l2924.
----------------------------------------------------------------------------------------------------------------

Sec. 40112. Research and technology programs

    (a) Supersonic Transport Research and Development.--The 
Administrator may establish an initiative with the objective of 
developing and demonstrating, in a relevant environment, 
airframe and propulsion technologies to enable efficient, 
economical overland flight of supersonic civil transport 
aircraft with no significant impact on the environment.
    (b) Rotorcraft and Other Runway-Independent Air Vehicles.--
The Administrator may establish a rotorcraft and other runway-
independent air vehicles initiative with the objective of 
developing and demonstrating improved safety, noise, and 
environmental impact in a relevant environment.
    (c) Hypersonics Research.--The Administrator may establish 
a hypersonics research program with the objective of exploring 
the science and technology of hypersonic flight using air-
breathing propulsion concepts, through a mix of theoretical 
work, basic and applied research, and development of flight 
research demonstration vehicles. The program may also include 
the transition to the hypersonic range of Mach 3 to Mach 5.
    (d) Revolutionary Aeronautical Concepts.--The Administrator 
may establish a research program which covers a unique range of 
subsonic, fixed wing vehicles and propulsion concepts. This 
research is intended to push technology barriers beyond current 
subsonic technology. Propulsion concepts include advanced 
materials, morphing engines, hybrid engines, and fuel cells.
    (e) Fuel Cell-Powered Aircraft Research.--
          (1) Objective.--The Administrator may establish a 
        fuel cell-powered aircraft research program whose 
        objective shall be to develop and test concepts to 
        enable a hydrogen fuel cell-powered aircraft that would 
        have no hydrocarbon or nitrogen oxide emissions into 
        the environment.
          (2) Approach.--The Administrator may establish a 
        program of competitively awarded grants available to 
        teams of researchers that may include the participation 
        of individuals from universities, industry, and 
        government for the conduct of this research.
    (f) Mars Aircraft Research.--
          (1) Objective.--The Administrator may establish a 
        Mars Aircraft project whose objective shall be to 
        develop and test concepts for an uncrewed aircraft that 
        could operate for sustained periods in the atmosphere 
        of Mars.
          (2) Approach.--The Administrator may establish a 
        program of competitively awarded grants available to 
        teams of researchers that may include the participation 
        of individuals from universities, industry, and 
        government for the conduct of this research.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3379.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40112(a).............................  42 U.S.C. 16722(b).                Pub. L. 109-155, title IV, Sec.
                                                                           422(b)-(g), Dec. 30, 2005, 119 Stat.
                                                                           2925.
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(e).............................  42 U.S.C. 16722(f).
40112(f).............................  42 U.S.C. 16722(g).
----------------------------------------------------------------------------------------------------------------

                   NATIONAL AERO-SPACE PLANE PROGRAM

    Pub. L. 101-611, title I, Sec. 116, Nov. 16, 1990, 104 
Stat. 3202, provided that:
    ``(a) National Aero-Space Plane Program.--The Secretary of 
Defense (hereafter in this section referred to as the 
`Secretary') and the Administrator shall jointly pursue on a 
high priority basis a National Aero-Space Plane program whose 
objective shall be the development and demonstration, by 1997, 
of a primarily air breathing single-stage-to-orbit and long 
range hypersonic cruise research flight vehicle. The program 
shall be a research program, and to the extent practicable 
technological information developed shall be transferred to the 
military and to the domestic civil aviation and other private 
industries.
    ``(b) Management Plan.--
          ``(1) The Secretary and the Adminstrator [sic] shall 
        jointly develop a management plan for the program 
        established under subsection (a), which shall include 
        goals, major tasks, anticipated schedules, 
        organizational structure, funding profiles, details of 
        the respective responsibilities of the Secretary and 
        the Administrator, and resource procurement strategies.
          ``(2) The management plan developed pursuant to 
        paragraph (1) shall be submitted to the Congress within 
        120 days after the date of enactment of this Act [Nov. 
        16, 1990].''
    [Pub. L. 101-611, title I, Sec. 127, Nov. 16, 1990, 104 
Stat. 3205, provided that: ``For purposes of this title [see 
Tables for classification], the term `Administrator' means the 
Administrator of the National Aeronautics and Space 
Administration.'']

Sec. 40113. Airspace systems research

    (a) Objective.--The Airspace Systems Research program shall 
pursue research and development to enable revolutionary 
improvements to and modernization of the National Airspace 
System, as well as to enable the introduction of new systems 
for vehicles that can take advantage of an improved, modern air 
transportation system.
    (b) Alignment.--Not later than 1 year after December 30, 
2005, the Administrator shall align the projects of the 
Airspace Systems Research program so that they directly support 
the objectives of the Joint Planning and Development Office's 
Next Generation Air Transportation System Integrated Plan.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3380.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40113................................  42 U.S.C. 16723.                   Pub. L. 109-155, title IV, Sec.  423,
                                                                           Dec. 30, 2005, 119 Stat. 2925.
----------------------------------------------------------------------------------------------------------------

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

Sec. 40114. Aviation safety and security research

    (a) Objective.--The Aviation Safety and Security Research 
program shall pursue research and development activities that 
directly address the safety and security needs of the National 
Airspace System and the aircraft that fly in it. The program 
shall develop prevention, intervention, and mitigation 
technologies aimed at causal, contributory, or circumstantial 
factors of aviation accidents.
    (b) Alignment.--Not later than 1 year after December 30, 
2005, the Administrator shall align the projects of the 
Aviation Safety and Security Research program so that they 
directly support the objectives of the Joint Planning and 
Development Office's Next Generation Air Transportation System 
Integrated Plan.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3380.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40114................................  42 U.S.C. 16724.                   Pub. L. 109-155, title IV, Sec.  424,
                                                                           Dec. 30, 2005, 119 Stat. 2926.
----------------------------------------------------------------------------------------------------------------

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

Sec. 40115. Aviation weather research

    The Administrator may carry out a program of collaborative 
research with the National Oceanic and Atmospheric 
Administration on convective weather events, with the goal of 
significantly improving the reliability of 2-hour to 6-hour 
aviation weather forecasts.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3381.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40115................................  42 U.S.C. 16725.                   Pub. L. 109-155, title IV, Sec.  425,
                                                                           Dec. 30, 2005, 119 Stat. 2926.
----------------------------------------------------------------------------------------------------------------

Sec. 40116. University-based Centers for Research on Aviation Training

    (a) In General.--The Administrator shall award grants to 
institutions of higher education (or consortia thereof) to 
establish one or more Centers for Research on Aviation Training 
under cooperative agreements with appropriate Administration 
Centers.
    (b) Purpose.--The purpose of the Centers for Research on 
Aviation Training shall be to investigate the impact of new 
technologies and procedures, particularly those related to the 
aircraft flight deck and to the air traffic management 
functions, on training requirements for pilots and air traffic 
controllers.
    (c) Application.--An institution of higher education (or a 
consortium of such institutions) seeking funding under this 
section shall submit an application to the Administrator at 
such time, in such manner, and containing such information as 
the Administrator may require, including, at a minimum, a 5-
year research plan.
    (d) Award Duration.--An award made by the Administrator 
under this section shall be for a period of 5 years and may be 
renewed on the basis of--
          (1) satisfactory performance in meeting the goals of 
        the research plan proposed in the application submitted 
        under subsection (c); and
          (2) other requirements as specified by the 
        Administrator.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3381.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40116................................  42 U.S.C. 16727.                   Pub. L. 109-155, title IV, Sec.  427,
                                                                           Dec. 30, 2005, 119 Stat. 2926; Pub.
                                                                           L. 110-422, title III, Sec.  308,
                                                                           Oct. 15, 2008, 122 Stat. 4788.
----------------------------------------------------------------------------------------------------------------

    In subsection (b), the words ``Centers for Research on 
Aviation Training'' are substituted for ``Centers''' for 
clarity. There are references to both ``Centers for Research on 
Aviation Training'' and ``Administration Centers''' in 
subsection (a).
    In subsection (d)(1), the words ``proposed in the 
application submitted under subsection (c)'' are substituted 
for ``proposed by the Center in its application under 
subsection (c)'' for clarity. Under section (c), applications 
are filed by an institution of higher education (or a 
consortium of such institutions) seeking funding, and not by 
the Center for which such funding is sought.

                      Subchapter III--Scholarships

Sec. 40131. Aeronautics scholarships

    (a) Establishment.--The Administrator shall establish a 
program of scholarships for full-time graduate students who are 
United States citizens and are enrolled in, or have been 
accepted by and have indicated their intention to enroll in, 
accredited Masters degree programs in aeronautical engineering 
or equivalent programs at institutions of higher education. 
Each such scholarship shall cover the costs of room, board, 
tuition, and fees, and may be provided for a maximum of 2 
years.
    (b) Implementation.--Not later than 180 days after December 
30, 2005, the Administrator shall publish regulations governing 
the scholarship program under this section.
    (c) Cooperative Training Opportunities.--Students who have 
been awarded a scholarship under this section shall have the 
opportunity for paid employment at one of the Administration 
Centers engaged in aeronautics research and development during 
the summer prior to the first year of the student's Masters 
program, and between the first and second year, if applicable. 
(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3381.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40131................................  42 U.S.C. 16741.                   Pub. L. 109-155, title IV, Sec.  431,
                                                                           Dec. 30, 2005, 119 Stat. 2927.
----------------------------------------------------------------------------------------------------------------

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

                      Subchapter IV--Data Requests

Sec. 40141. Aviation data requests

    The Administrator shall make available upon request 
satellite imagery and aerial photography of remote terrain that 
the Administration owns at the time of the request to the 
Administrator of the Federal Aviation Administration or the 
Director of the Five Star Medallion Program, to assist and 
train pilots in navigating challenging topographical features 
of such terrain.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3382.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40141................................  42 U.S.C. 16751.                   Pub. L. 109-155, title IV, Sec.  441,
                                                                           Dec. 30, 2005, 119 Stat. 2927.
----------------------------------------------------------------------------------------------------------------

    CHAPTER 403--NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM

Sec.
40301. Purposes.
40302. Definitions.
40303. National space grant college and fellowship program.
40304. Grants or contracts.
40305. Specific national needs.
40306. Space grant college and space grant regional consortium.
40307. Space grant fellowship program.
40308. Space grant review panel.
40309. Availability of other Federal personnel and data.
40310. Designation or award to be on competitive basis.
40311. Continuing emphasis.

Sec. 40301. Purposes

    The purposes of this chapter are to--
          (1) increase the understanding, assessment, 
        development, and utilization of space resources by 
        promoting a strong educational base, responsive 
        research and training activities, and broad and prompt 
        dissemination of knowledge and techniques;
          (2) utilize the abilities and talents of the 
        universities of the Nation to support and contribute to 
        the exploration and development of the resources and 
        opportunities afforded by the space environment;
          (3) encourage and support, within the university 
        community of the Nation, the existence of 
        interdisciplinary and multidisciplinary programs of 
        space research that--
                  (A) engage in integrated activities of 
                training, research, and public service;
                  (B) have cooperative programs with industry; 
                and (C) are coordinated with the overall 
                program of the Administration;
          (4) encourage and support the existence of consortia, 
        made up of university and industry members, in order to 
        advance the exploration and development of space 
        resources in cases in which national objectives can be 
        better fulfilled through such consortia than through 
        the programs of single universities;
          (5) encourage and support Federal funding for 
        graduate fellowships in fields related to space; and
          (6) support activities in colleges and universities 
        generally for the purpose of creating and operating a 
        network of institutional programs that will enhance 
        achievements resulting from efforts under this chapter.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3382.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40301................................  42 U.S.C. 2486a.                   Pub. L. 100-147, title II, Sec.  203,
                                                                           Oct. 30, 1987, 101 Stat. 869.
----------------------------------------------------------------------------------------------------------------

    In paragraph (3), the word ``that'' is substituted for ``, 
to'' for clarity.
    In paragraph (4), the words ``in order to'' are substituted 
for ``to'', and the words ``through such consortia'' are added, 
for clarity.

                  CONGRESSIONAL STATEMENT OF FINDINGS

    Pub. L. 100-147, title II, Sec. 202, Oct. 30, 1987, 101 
Stat. 869, provided that: ``The Congress finds that--
          ``(1) the vitality of the Nation and the quality of 
        life of the citizens of the Nation depend increasingly 
        on the understanding, assessment, development, and 
        utilization of space resources;
          ``(2) research and development of space science, 
        space technology, and space commercialization will 
        contribute to the quality of life, national security, 
        and the enhancement of commerce;
          ``(3) the understanding and development of the space 
        frontiers require a broad commitment and an intense 
        involvement on the part of the Federal Government in 
        partnership with State and local governments, private 
        industry, universities, organizations, and individuals 
        concerned with the exploration and utilization of 
        space;
          ``(4) the National Aeronautics and Space 
        Administration, through the national space grant 
        college and fellowship program, offers the most 
        suitable means for such commitment and involvement 
        through the promotion of activities that will result in 
        greater understanding, assessment, development, and 
        utilization; and
          ``(5) Federal support of the establishment, 
        development, and operation of programs and projects by 
        space grant colleges, space grant regional consortia, 
        institutions of higher education, institutes, 
        laboratories, and other appropriate public and private 
        entities is the most cost-effective way to promote such 
        activities.'' [For definition of terms used in section 
        202 of Pub. L. 100-147, set out above, see section 204 
        of Pub. L. 100-147, title II, Oct. 30, 1987, 101 Stat. 
        870, which was classified to former section 2486b of 
        Title 42, The Public Health and Welfare, and was 
        repealed and reenacted as section 40302 of this title 
        by Pub. L. 111-314, Sec. Sec. 3, 6, Dec. 18, 2010, 124 
        Stat. 3328, 3444.]

Sec. 40302. Definitions

    In this chapter:
          (1) Aeronautical and space activities.--The term 
        ``aeronautical and space activities'' has the meaning 
        given the term in section 20103 of this title.
          (2) Field related to space.--The term ``field related 
        to space'' means any academic discipline or field of 
        study (including the physical, natural, and biological 
        sciences, and engineering, space technology, education, 
        economics, sociology, communications, planning, law, 
        international affairs, and public administration) which 
        is concerned with or likely to improve the 
        understanding, assessment, development, and utilization 
        of space.
          (3) Panel.--The term ``panel'' means the space grant 
        review panel established pursuant to section 40308 of 
        this title.
          (4) Person.--The term ``person'' means any 
        individual, any public or private corporation, 
        partnership, or other association or entity (including 
        any space grant college, space grant regional 
        consortium, institution of higher education, institute, 
        or laboratory), or any State, political subdivision of 
        a State, or agency or officer of a State or political 
        subdivision of a State.
          (5) Space environment.--The term ``space 
        environment'' means the environment beyond the sensible 
        atmosphere of the Earth.
          (6) Space grant college.--The term ``space grant 
        college'' means any public or private institution of 
        higher education which is designated as such by the 
        Administrator pursuant to section 40306 of this title.
          (7) Space grant program.--The term ``space grant 
        program'' means any program that--
                  (A) is administered by any space grant 
                college, space grant regional consortium, 
                institution of higher education, institute, 
                laboratory, or State or local agency; and
                  (B) includes 2 or more projects involving 
                education and one or more of the following 
                activities in the fields related to space:
                          (i) Research.
                          (ii) Training.
                          (iii) Advisory services.
          (8) Space grant regional consortium.--The term 
        ``space grant regional consortium'' means any 
        association or other alliance that is designated as a 
        space grant regional consortium by the Administrator 
        pursuant to section 40306 of this title.
          (9) Space resource.--The term ``space resource'' 
        means any tangible or intangible benefit which can be 
        realized only from--
                  (A) aeronautical and space activities; or
                  (B) advancements in any field related to 
                space.
          (10) State.--The term ``State'' means any State of 
        the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, the Commonwealth of the Northern 
        Mariana Islands, or any other territory or possession 
        of the United States.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3383.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40302................................  42 U.S.C. 2486b.                   Pub. L. 100-147, title II, Sec.  204,
                                                                           Oct. 30, 1987, 101 Stat. 870.
----------------------------------------------------------------------------------------------------------------

    The definitions of ``Administration'' and ``Administrator'' 
in section 204 of the National Space Grant College and 
Fellowship Act (Public Law 100-147, title II, 101 Stat. 870) 
are omitted as unnecessary because of the definitions added by 
section 10101 of title 51.

Sec. 40303. National space grant college and fellowship program

    (a) Establishment.--The Administrator shall establish and 
maintain, within the Administration, a program to be known as 
the national space grant college and fellowship program. The 
national space grant college and fellowship program shall 
consist of the financial assistance and other activities 
provided for in this chapter. The Administrator shall establish 
long-range planning guidelines and priorities, and adequately 
evaluate the program.
    (b) Functions.--Within the Administration, the program 
shall--
          (1) apply the long-range planning guidelines and the 
        priorities established by the Administrator under 
        subsection (a);
          (2) advise the Administrator with respect to the 
        expertise and capabilities which are available through 
        the national space grant college and fellowship 
        program, and make such expertise available to the 
        Administration as directed by the Administrator;
          (3) evaluate activities conducted under grants and 
        contracts awarded pursuant to sections 40304 and 40305 
        of this title to ensure that the purposes set forth in 
        section 40301 of this title are implemented;
          (4) encourage other Federal departments, agencies, 
        and instrumentalities to use and take advantage of the 
        expertise and capabilities which are available through 
        the national space grant college and fellowship 
        program, on a cooperative or other basis;
          (5) encourage cooperation and coordination with other 
        Federal programs concerned with the development of 
        space resources and fields related to space;
          (6) advise the Administrator on the designation of 
        recipients supported by the national space grant 
        college and fellowship program and, in appropriate 
        cases, on the termination or suspension of any such 
        designation; and
          (7) encourage the formation and growth of space grant 
        and fellowship programs.
    (c) General Authorities.--To carry out the provisions of 
this chapter, the Administrator may--
          (1) accept conditional or unconditional gifts or 
        donations of services, money, or property, real, 
        personal or mixed, tangible or intangible;
          (2) accept and use funds from other Federal 
        departments, agencies, and instrumentalities to pay for 
        fellowships, grants, contracts, and other transactions; 
        and
          (3) issue such rules and regulations as may be 
        necessary and appropriate.
    (d) Program Administration Costs.--In carrying out the 
provisions of this chapter, the Administrator--
          (1) shall maximize appropriated funds for grants and 
        contracts made under section 40304 in each fiscal year; 
        and
          (2) in each fiscal year, the Administrator shall 
        limit its program administration costs to no more than 
        5 percent of funds appropriated for this program for 
        that fiscal year.
    (e) Reports.--For any fiscal year in which the 
Administrator cannot meet the administration cost target under 
subsection (d)(2), if the Administration is unable to limit 
program costs under subsection (b), the Administrator shall 
submit to the appropriate committees of Congress a report, 
including--
          (1) a description of why the Administrator did not 
        meet the cost target under subsection (d); and
          (2) the measures the Administrator will take in the 
        next fiscal year to meet the cost target under 
        subsection (d) without drawing upon other Federal 
        funding.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3383; Pub. 
L. 114-329, title III, Sec. 302(b), Jan. 6, 2017, 130 Stat. 
3003.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40303................................  42 U.S.C. 2486c.                   Pub. L. 100-147, title II, Sec.  205,
                                                                           Oct. 30, 1987, 101 Stat. 871.
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2017--Subsecs. (d), (e). Pub. L. 114-329 added subsecs. (d) 
and (e).

Sec. 40304. Grants or contracts

    (a) Authority of Administrator.--The Administrator may make 
grants and enter into contracts or other transactions under 
this subsection to assist any space grant and fellowship 
program or project if the Administrator finds that the program 
or project will carry out the purposes set forth in section 
40301 of this title. The total amount paid pursuant to a grant 
or contract may equal not more than 66 percent of the total 
cost of the space grant and fellowship program or project 
involved, except in the case of grants or contracts paid for 
with funds accepted by the Administrator pursuant to section 
40303(c)(2) of this title.
    (b) Special Grants.--The Administrator may make special 
grants under this subsection to carry out the purposes set 
forth in section 40301 of this title. The amount of a special 
grant may equal up to 100 percent of the total cost of the 
project involved. A special grant may be made under this 
subsection only if the Administrator finds that--
          (1) no reasonable means is available through which 
        the applicant can meet the matching requirement for a 
        grant under subsection (a);
          (2) the probable benefit of the project outweighs the 
        public interest in the matching requirement; and
          (3) the same or equivalent benefit cannot be obtained 
        through the award of a contract or grant under 
        subsection (a) or section 40305 of this title.
    (c) Application.--Any person may apply to the Administrator 
for a grant or contract under this section. Application shall 
be made in such form and manner, and with such content and 
other submissions, as the Administrator shall by regulation 
prescribe.
    (d) Terms and Conditions.--
          (1) In general.--Any grant made, or contract entered 
        into, under this section shall be subject to the 
        limitations and provisions set forth in paragraphs (2) 
        and (3) and to such other terms, conditions, and 
        requirements as the Administrator considers necessary 
        or appropriate.
          (2) Limitations.--No payment under any grant or 
        contract under this section may be applied to--
                  (A) the purchase of any land;
                  (B) the purchase, construction, preservation, 
                or repair of any building; or
                  (C) the purchase or construction of any 
                launch facility or launch vehicle.
          (3) Leases.--Notwithstanding paragraph (2), the items 
        in subparagraphs (A), (B), and (C) of such paragraph 
        may be leased upon written approval of the 
        Administrator.
          (4) Records.--Any person that receives or utilizes 
        any proceeds of any grant or contract under this 
        section shall keep such records as the Administrator 
        shall by regulation prescribe as being necessary and 
        appropriate to facilitate effective audit and 
        evaluation, including records which fully disclose the 
        amount and disposition by such recipient of such 
        proceeds, the total cost of the program or project in 
        connection with which such proceeds were used, and the 
        amount, if any, of such cost which was provided through 
        other sources. Such records shall be maintained for 3 
        years after the completion of such a program or 
        project. The Administrator and the Comptroller General 
        of the United States, or any of their duly authorized 
        representatives, shall have access, for the purpose of 
        audit and evaluation, to any books, documents, papers, 
        and records of receipts which, in the opinion of the 
        Administrator or the Comptroller General, may be 
        related or pertinent to such grants and contracts.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3384.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40304................................  42 U.S.C. 2486d.                   Pub. L. 100-147, title II, Sec.  206,
                                                                           Oct. 30, 1987, 101 Stat. 872.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``not more than 66 percent'' 
are substituted for ``66 percent, or any lesser percent'', and 
the word ``except'' is substituted for ``except that this 
limitation shall not apply'', for clarity and to eliminate 
unnecessary words.
    In subsection (b), the words ``up to 100 percent'' are 
substituted for ``100 percent, or any lesser percent'' to 
eliminate unnecessary words.

Sec. 40305. Specific national needs

    (a) Identification of Specific Needs and Grant-Making and 
Contracting Authority.--The Administrator shall identify 
specific national needs and problems relating to space. The 
Administrator may make grants or enter into contracts under 
this section with respect to such needs or problems. The amount 
of any such grant or contract may equal up to 100 percent of 
the total cost of the project involved.
    (b) Applications for Grants or Contracts.--Any person may 
apply to the Administrator for a grant or contract under this 
section. In addition, the Administrator may invite applications 
with respect to specific national needs or problems identified 
under subsection (a). Application shall be made in such form 
and manner, and with such content and other submissions, as the 
Administrator shall by regulation prescribe. Any grant made, or 
contract entered into, under this section shall be subject to 
the limitations and provisions set forth in paragraphs (2) and 
(4) of section 40304(d) of this title and to such other terms, 
conditions, and requirements as the Administrator considers 
necessary or appropriate.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3385.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40305................................  42 U.S.C. 2486e.                   Pub. L. 100-147, title II, Sec.  207,
                                                                           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 
eliminate unnecessary words.

Sec. 40306. Space grant college and space grant regional consortium

    (a) Designation and Qualifications.--
          (1) Authority to designate.--The Administrator may 
        designate--
                  (A) any institution of higher education as a 
                space grant college; and
                  (B) any association or other alliance of 2 or 
                more persons, other than individuals, as a 
                space grant regional consortium.
          (2) Space grant college requirements.--No institution 
        of higher education may be designated as a space grant 
        college unless the Administrator finds that such 
        institution--
                  (A) is maintaining a balanced program of 
                research, education, training, and advisory 
                services in fields related to space;
                  (B) will act in accordance with such 
                guidelines as are prescribed under subsection 
                (b)(2); and
                  (C) meets such other qualifications as the 
                Administrator considers necessary or 
                appropriate.
          (3) Space grant regional consortium requirements.--No 
        association or other alliance of 2 or more persons may 
        be designated as a space grant regional consortium 
        unless the Administrator finds that such association or 
        alliance--
                  (A) is established for the purpose of sharing 
                expertise, research, educational facilities or 
                training facilities, and other capabilities in 
                order to facilitate research, education, 
                training, and advisory services in any field 
                related to space;
                  (B) will encourage and follow a regional 
                approach to solving problems or meeting needs 
                relating to space, in cooperation with 
                appropriate space grant colleges, space grant 
                programs, and other persons in the region;
                  (C) will act in accordance with such 
                guidelines as are prescribed under subsection 
                (b)(2); and
                  (D) meets such other qualifications as the 
                Administrator considers necessary or 
                appropriate.
    (b) Qualifications and Guidelines.--The Administrator shall 
by regulation prescribe--
          (1) the qualifications required to be met under 
        paragraphs (2)(C) and (3)(D) of subsection (a);and
          (2) guidelines relating to the activities and 
        responsibilities of space grant colleges and space 
        grant regional consortia.
    (c) Suspension or Termination of Designation.--The 
Administrator may, for cause and after an opportunity for 
hearing, suspend or terminate any designation under subsection 
(a).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3386.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40306................................  42 U.S.C. 2486f.                   Pub. L. 100-147, title II, Sec.  208,
                                                                           Oct. 30, 1987, 101 Stat. 873.
----------------------------------------------------------------------------------------------------------------

Sec. 40307. Space grant fellowship program

    (a) Award Of Fellowships.--The Administrator shall support 
a space grant fellowship program to provide educational and 
training assistance to qualified individuals at the graduate 
level of education in fields related to space. Such fellowships 
shall be awarded pursuant to guidelines established by the 
Administrator. Space grant fellowships shall be awarded to 
individuals at space grant colleges, space grant regional 
consortia, other colleges and institutions of higher education, 
professional associations, and institutes in such a manner as 
to ensure wide geographic and institutional diversity in the 
pursuit of research under the fellowship program.
    (b) Limitation on Amount Provided.--The total amount which 
may be provided for grants under the space grant fellowship 
program during any fiscal year shall not exceed an amount equal 
to 50 percent of the total funds appropriated for such year 
pursuant to this chapter.
    (c) Authority to Sponsor Other Research Fellowship Programs 
Unaffected.--Nothing in this section shall be construed to 
prohibit the Administrator from sponsoring any research 
fellowship program, including any special emphasis program, 
which is established under an authority other than this 
chapter.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3387.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40307................................  42 U.S.C. 2486g.                   Pub. L. 100-147, title II, Sec.  209,
                                                                           Oct. 30, 1987, 101 Stat. 874.
----------------------------------------------------------------------------------------------------------------

Sec. 40308. Space grant review panel

    (a) Establishment.--The Administrator shall establish an 
independent committee known as the space grant review panel, 
which shall not be subject to the provisions of the Federal 
Advisory Committee Act (5 App. U.S.C.).
    (b) Duties.--The panel shall take such steps as may be 
necessary to review, and shall advise the Administrator with 
respect to--
          (1) applications or proposals for, and performance 
        under, grants and contracts awarded pursuant to 
        sections 40304 and 40305 of this title;
          (2) the space grant fellowship program;
          (3) the designation and operation of space grant 
        colleges and space grant regional consortia, and the 
        operation of space grant and fellowship programs;
          (4) the formulation and application of the planning 
        guidelines and priorities pursuant to subsections (a) 
        and (b)(1) of section 40303 of this title; and
          (5) such other matters as the Administrator refers to 
        the panel for review and advice.
    (c) Personnel and Administrative Services.--The 
Administrator shall make available to the panel any 
information, personnel, and administrative services and 
assistance which is reasonable to carry out the duties of the 
panel.
    (d) Members.--
          (1) Appointment.--The Administrator shall appoint the 
        voting members of the panel. A majority of the voting 
        members shall be individuals who, by reason of 
        knowledge, experience, or training, are especially 
        qualified in one or more of the disciplines and fields 
        related to space. The other voting members shall be 
        individuals who, by reason of knowledge, experience, or 
        training, are especially qualified in, or 
        representative of, education, extension services, State 
        government, industry, economics, planning, or any other 
        activity related to efforts to enhance the 
        understanding, assessment, development, or utilization 
        of space resources. The Administrator shall consider 
        the potential conflict of interest of any individual in 
        making appointments to the panel.
          (2) Chairman and vice chairman.--The Administrator 
        shall select one voting member to serve as the Chairman 
        and another voting member to serve as the Vice 
        Chairman. The Vice Chairman shall act as Chairman in 
        the absence or incapacity of the Chairman.
          (3) Reimbursement for expenses.--Voting members of 
        the panel who are not Federal employees shall be 
        reimbursed for actual and reasonable expenses incurred 
        in the performance of such duties.
          (4) Meetings.--The panel shall meet on a biannual 
        basis and, at any other time, at the call of the 
        Chairman or upon the request of a majority of the 
        voting members or of the Administrator.
          (5) Powers.--The panel may exercise such powers as 
        are reasonably necessary in order to carry out the 
        duties enumerated in subsection (b).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3387.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40308................................  42 U.S.C. 2486b.                   Pub. L. 109-147, title II, Sec.  210,
                                                                           Oct. 30, 1987, 101 Stat. 874.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the word ``provisions''' is substituted 
for ``provisons''' to correct an error in the law.

                           REFERENCES IN TEXT

    The Federal Advisory Committee Act, referred to in subsec. 
(a), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, which is 
set out in the Appendix to Title 5, Government Organization and 
Employees.

Sec. 40309. Availability of other Federal personnel and data

    Each department, agency, or other instrumentality of the 
Federal Government that is engaged in or concerned with, or 
that has authority over, matters relating to space--
          (1) may, upon a written request from the 
        Administrator, make available, on a reimbursable basis 
        or otherwise, any personnel (with their consent and 
        without prejudice to their position and rating), 
        service, or facility which the Administrator considers 
        necessary to carry out any provision of this chapter;
          (2) may, upon a written request from the 
        Administrator, furnish any available data or other 
        information which the Administrator considers necessary 
        to carry out any provision of this chapter; and
          (3) may cooperate with the Administration.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3388.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40309................................  42 U.S.C. 2486i.                   Pub. L. 109-147, title II, Sec.  211,
                                                                           Oct. 30, 1987, 101 Stat. 875.
----------------------------------------------------------------------------------------------------------------

Sec. 40310. Designation or award to be on competitive basis

    The Administrator shall not under this chapter designate 
any space grant college or space grant regional consortium or 
award any fellowship, grant, or contract unless such 
designation or award is made in accordance with the 
competitive, merit-based review process employed by the 
Administration on October 30, 1987.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3388.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40310................................  42 U.S.C. 2486k.                   Pub. L. 109-147, title II, Sec.  213,
                                                                           Oct. 30, 1987, 101 Stat. 875.
----------------------------------------------------------------------------------------------------------------

    The date ``October 30, 1987'' is substituted for ``the date 
of enactment of this Act'' to reflect the date of enactment of 
the National Space Grant College and Fellowship Act, which is 
title II of the National Aeronautics and Space Administration 
Authorization Act of 1988 (Public Law 100-147, 101 Stat. 860).

Sec. 40311. Continuing emphasis

    The Administration shall continue its emphasis on the 
importance of education to expand opportunities for Americans 
to understand and participate in the Administration's 
aeronautics and space projects by supporting and enhancing 
science and engineering education, research, and public 
outreach efforts.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3388.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40311................................  42 U.S.C. 17781(c).                Pub. L. 109-422, title VII, Sec.
                                                                           704(c), Oct. 15, 2008, 122 Stat.
                                                                           4803.
----------------------------------------------------------------------------------------------------------------

               CHAPTER 405--BIOMEDICAL RESEARCH IN SPACE

Sec.
40501. Biomedical research joint working group.
40502. Biomedical research grants.
40503. Biomedical research fellowships.
40504. Establishment of electronic data archive.
40505. Establishment of emergency medical service telemedicine 
          capability.

Sec. 40501. Biomedical research joint working group

    (a) Establishment.--The Administrator and the Director of 
the National Institutes of Health shall jointly establish a 
working group to coordinate biomedical research activities in 
areas where a microgravity environment may contribute to 
significant progress in the understanding and treatment of 
diseases and other medical conditions. The joint working group 
shall formulate joint and complementary programs in such areas 
of research.
    (b) Membership.--The joint working group shall include 
equal representation from the Administration and the National 
Institutes of Health, and shall include representation from 
National Institutes of Health councils, as selected by the 
Director of the National Institutes of Health, and from the 
National Aeronautics and Space Administration Advisory Council.
    (c) Annual Biomedical Research Symposia.--The joint working 
group shall organize annual symposia on biomedical research 
described in subsection (a) under the joint sponsorship of the 
Administration and the National Institutes of Health.
    (d) Annual Reporting Requirement.--The joint working group 
shall report annually to Congress on its progress in carrying 
out this section.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3389.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40501................................  42 U.S.C. 2487a.                   Pub. L. 109-588, title VI, Sec.  602,
                                                                           Nov. 4, 1992, 106 Stat. 5130.
----------------------------------------------------------------------------------------------------------------

                                FINDINGS

    Pub. L. 102-588, title VI, 601, Nov. 4, 1992, 106 Stat. 
5130, provided that: ``The Congress finds that--
          ``(1) the space program can make significant 
        contributions to selected areas of health-related 
        research and should be an integral part of the Nation's 
        health research and development program;
          ``(2) the continuing development of trained 
        scientists and engineers is essential to carrying out 
        an effective and sustained program of biomedical 
        research in space and on the ground;
          ``(3) the establishment and maintenance of an 
        electronically accessible archive of data on space-
        related biomedical research is essential to advancement 
        of the field;
          ``(4) cooperation with the republics of the former 
        Soviet Union, including use of former Soviet orbital 
        facilities, offers the potential for greatly enhanced 
        biomedical research activities and progress; and
          ``(5) the establishment and maintenance of an 
        international telemedicine consultation satellite 
        capability to support emergency medical service 
        provision can provide an important aid to disaster 
        relief efforts.''

Sec. 40502. Biomedical research grants

    (a) Establishment of Program.--The Administrator and the 
Director of the National Institutes of Health shall establish a 
joint program of biomedical research grants in areas described 
in section 40501(a) of this title, where such research requires 
access to a microgravity environment. Such program shall be 
consistent with actions taken by the joint working group under 
section 40501 of this title.
    (b) Research Opportunity Announcements.--The grants program 
established under subsection (a) shall annually issue joint 
research opportunity announcements under the sponsorship of the 
National Institutes of Health and the Administration. Responses 
to the announcements shall be evaluated by a peer review 
committee whose members shall be selected by the Director of 
the National Institutes of Health and the Administrator, and 
shall include individuals not employed by the Administration or 
the National Institutes of Health.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3389.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40502................................  42 U.S.C. 2487b.                   Pub. L. 109-588, title VI, Sec.  603,
                                                                           Nov. 4, 1992, 106 Stat. 5130.
----------------------------------------------------------------------------------------------------------------

Sec. 40503. Biomedical research fellowships

    The Administrator and the Director of the National 
Institutes of Health shall create a joint program of graduate 
research fellowships in biomedical research described in 
section 40501(a) of this title. Fellowships under such program 
may provide for participation in approved research conferences 
and symposia.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3389.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40503................................  42 U.S.C. 2487c.                   Pub. L. 109-588, title VI, Sec.  604,
                                                                           Nov. 4, 1992, 106 Stat. 5131.
----------------------------------------------------------------------------------------------------------------

Sec. 40504. Establishment of electronic data archive

    The Administrator shall create and maintain a national 
electronic data archive for biomedical research data obtained 
from space-based experiments.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3389.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40504................................  42 U.S.C. 2487e.                   Pub. L. 109-588, title VI, Sec.  606,
                                                                           Nov. 4, 1992, 106 Stat. 5131.
----------------------------------------------------------------------------------------------------------------

Sec. 40505. Establishment of emergency medical service telemedicine 
                    capability

    The Administrator, the Administrator of the Federal 
Emergency Management Agency, the Director of the Office of 
Foreign Disaster Assistance, and the Surgeon General of the 
United States shall jointly create and maintain an 
international telemedicine satellite consultation capability to 
support emergency medical services in disaster-stricken areas.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3389.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40505................................  42 U.S.C. 2487f.                   Pub. L. 109-588, title VI, Sec.  607,
                                                                           NOv. 4, 1992, 106 Stat. 5131; Pub. L.
                                                                           109-295, title VI, Sec.  612(c), Oct.
                                                                           4, 2006, 120 Stat. 1410.
----------------------------------------------------------------------------------------------------------------

    The words ``Office of Foreign Disaster Assistance'' are 
substituted for ``Office of Foreign Disaster'' to correct an 
error in the law.

             CHAPTER 407--ENVIRONMENTALLY FRIENDLY AIRCRAFT

Sec.
40701. Research and development initiative.
40702. Additional research and development initiative.
40703. Research alignment.
40704. Research program on perceived impact of sonic booms.

Sec. 40701. Research and development initiative

    The Administrator may establish an initiative with the 
objective of developing, and demonstrating in a relevant 
environment, technologies to enable the following commercial 
aircraft performance characteristics:
          (1) Noise levels.--Noise levels on takeoff and on 
        airport approach and landing that do not exceed ambient 
        noise levels in the absence of flight operations in the 
        vicinity of airports from which such commercial 
        aircraft would normally operate.
          (2) Energy consumption.--Twenty-five percent 
        reduction in the energy required for medium- to long-
        range flights, compared to aircraft in commercial 
        service as of December 30, 2005.
          (3) Emissions.--Nitrogen oxides on take-off and 
        landing that are significantly reduced, without 
        adversely affecting hydrocarbons and smoke, relative to 
        aircraft in commercial service as of December 30, 2005.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3390.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40701................................  42 U.S.C. 16722(a).                Pub. L. 109-155, title IV, Sec.
                                                                           422(a), Dec. 30, 2005, 119 Stat.
                                                                           2924.
----------------------------------------------------------------------------------------------------------------

    In paragraphs (2) and (3), the date ``December 30, 2005'' 
is substituted for ``the date of enactment of this Act'' to 
reflect the date of enactment of the National Aeronautics and 
Space Administration Authorization Act of 2005 (Public Law 109-
155, 119 Stat. 2895).

Sec. 40702. Additional research and development initiative

    The Administrator shall establish an initiative involving 
the Administration, universities, industry, and other research 
organizations as appropriate, of research, development, and 
demonstration, in a relevant environment, of technologies to 
enable the following commercial aircraft performance 
characteristics:
          (1) Noise levels.--Noise levels on takeoff and on 
        airport approach and landing that do not exceed ambient 
        noise levels in the absence of flight operations in the 
        vicinity of airports from which such commercial 
        aircraft would normally operate, without increasing 
        energy consumption or nitrogen oxide emissions compared 
        to aircraft in commercial service as of October 15, 
        2008.
          (2) Greenhouse gas emissions.--Significant reductions 
        in greenhouse gas emissions compared to aircraft in 
        commercial services as of October 15, 2008.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3390.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40702................................  42 U.S.C. 17721.                   Pub. L. 110-422, title III, Sec.  302,
                                                                           Oct. 15, 2008, 122 Stat. 4786.
----------------------------------------------------------------------------------------------------------------

    In paragraphs (1) and (2), the date ``October 15, 2008'' is 
substituted for ``the date of enactment of this Act'' to 
reflect the date of enactment of the National Aeronautics and 
Space Administration Authorization Act of 2008 (Public Law 110-
422, 122 Stat. 4779).

Sec. 40703. Research alignment

    In addition to pursuing the research and development 
initiative described in section 40702 of this title, the 
Administrator shall, to the maximum extent practicable within 
available funding, align the fundamental aeronautics research 
program to address high priority technology challenges of the 
National Academies' Decadal Survey of Civil Aeronautics, and 
shall work to increase the degree of involvement of external 
organizations, and especially of universities, in the 
fundamental aeronautics research program.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3390.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40703................................  42 U.S.C. 17722.                   Pub. L. 110-422, title III, Sec.  303,
                                                                           Oct. 15, 2008, 122 Stat. 4787.
----------------------------------------------------------------------------------------------------------------

Sec. 40704. Research program on perceived impact of sonic booms

    (a) Establishment.--The Administrator shall establish a 
cooperative research program with industry, including the 
conduct of flight demonstrations in a relevant environment, to 
collect data on the perceived impact of sonic booms. The data 
could enable the promulgation of appropriate standards for 
overland commercial supersonic flight operations.
    (b) Coordination.--The Administrator shall ensure that 
sonic boom research is coordinated as appropriate with the 
Administrator of the Federal Aviation Administration, and as 
appropriate make use of the expertise of the Partnership for 
Air Transportation Noise and Emissions Reduction Center of 
Excellence sponsored by the Administration and the Federal 
Aviation Administration. (Pub. L. 111-314, Sec. 3, Dec. 18, 
2010, 124 Stat. 3391.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40704(a).............................  42 U.S.C. 17723(b).                Pub. L. 110-422, title III, Sec.
                                                                           304(b), (c), Oct. 15, 2008, 122 Stat.
                                                                           4787.
40704(b).............................  42 U.S.C. 17723(c).
----------------------------------------------------------------------------------------------------------------

                                PURPOSE

    Pub. L. 110-422, title III, Sec. 304(a), Oct. 15, 2008, 122 
Stat. 4787, provided that: ``The ability to fly commercial 
aircraft over land at supersonic speeds without adverse impacts 
on the environment or on local communities would open new 
markets and enable new transportation capabilities. In order to 
have the basis for establishing appropriate sonic boom 
standards for such flight operations, a research program is 
needed to assess the impact in a relevant environment of 
commercial supersonic flight operations.''

                       CHAPTER 409--MISCELLANEOUS

Sec.
40901. Science, Space, and Technology Education Trust Fund.
40902. National Aeronautics and Space Administration Endeavor Teacher 
          Fellowship Trust Fund.
40903. Experimental Program to Stimulate Competitive Research--merit 
          grant competition requirements.
40904. Microgravity research.
40905. Program to expand distance learning in rural underserved areas.
40906. Equal access to the Administration's education programs.
40907. Museums.
40908. Continuation of certain education programs.
40909. Compliance with title IX of Education Amendments of 1972.

              NASA INTERNSHIP AND FELLOWSHIP OPPORTUNITIES

    Pub. L. 115-303, Sec. 3, Dec. 11, 2018, 132 Stat. 4399, 
provided that: ``Not later than October 1, 2018, the 
Administrator of the National Aeronautics and Space 
Administration (in this section referred to as `NASA') shall 
institute a process to encourage the recruitment of qualified 
candidates who are women or individuals who are 
underrepresented in the fields of science, technology, 
engineering, and mathematics (STEM) and computer science for 
internships and fellowships at NASA with relevance to the 
aerospace sector and related fields.''

                         EDUCATION AND OUTREACH

    Pub. L. 115-10, title VIII, Sec. 824, Mar. 21, 2017, 131 
Stat. 64, provided that:
    ``(a) Sense of Congress.--It is the sense of Congress 
that--
          ``(1) United States competitiveness in the 21st 
        century requires engaging the science, technology, 
        engineering, and mathematics (referred to in this 
        section as `STEM') talent in all States;
          ``(2) the [National Aeronautics and Space] 
        Administration is uniquely positioned to educate and 
        inspire students and the broader public on STEM 
        subjects and careers;
          ``(3) the Administration's Education and 
        Communication Offices, Mission Directorates, and 
        Centers have been effective in delivering educational 
        content because of the strong engagement of 
        Administration scientists and engineers in the 
        Administration's education and outreach activities;
          ``(4) the Administration's education and outreach 
        programs, including the Experimental Program to 
        Stimulate Competitive Research (EPSCoR) and the Space 
        Grant College and Fellowship Program, reflect the 
        Administration's successful commitment to growing and 
        diversifying the national science and engineering 
        workforce; and
          ``(5) in order to grow and diversify the Nation's 
        engineering workforce, it is vital for the 
        Administration to bolster programs, such as High 
        Schools United with NASA to Create Hardware (HUNCH) 
        program, that conduct outreach activities to 
        underserved rural communities, vocational schools, and 
        tribal colleges and universities and encourage new 
        participation in the STEM workforce.
    ``(b) Continuation of Education and Outreach Activities and 
Programs.--
          ``(1) In general.--The Administrator [of the National 
        Aeronautics and Space Administration] shall continue 
        engagement with the public and education opportunities 
        for students via all the Administration's mission 
        directorates to the maximum extent practicable.
          ``(2) Report.--Not later than 60 days after the date 
        of enactment of this Act [Mar. 21, 2017], the 
        Administrator shall submit to the appropriate 
        committees of Congress [Committee on Commerce, Science, 
        and Transportation of the Senate and Committee on 
        Science, Space, and Technology of the House of 
        Representatives] a report on the Administration's near-
        term outreach plans for advancing space law 
        education.''

    INSPIRING THE NEXT SPACE PIONEERS, INNOVATORS, RESEARCHERS, AND 
                       EXPLORERS (INSPIRE) WOMEN

    Pub. L. 115-7, Feb. 28, 2017, 131 Stat. 13, provided that:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Inspiring the Next Space 
Pioneers, Innovators, Researchers, and Explorers (INSPIRE) 
Women Act'.

``SEC. 2. FINDINGS.

    ``The Congress finds that--
          ``(1) NASA GIRLS and NASA BOYS are virtual mentoring 
        programs using commercially available video chat 
        programs to pair National Aeronautics and Space 
        Administration mentors with young students anywhere in 
        the country. NASA GIRLS and NASA BOYS give young 
        students the opportunity to interact and learn from 
        real engineers, scientists, and technologists.
          ``(2) The Aspire to Inspire (A2I) program engages 
        young girls to present science, technology, 
        engineering, and mathematics (STEM) career 
        opportunities through the real lives and jobs of early 
        career women at NASA.
          ``(3) The Summer Institute in Science, Technology, 
        Engineering, and Research (SISTER) program at the 
        Goddard Space Flight Center is designed to increase 
        awareness of, and provide an opportunity for, female 
        middle school students to be exposed to and explore 
        nontraditional career fields with Goddard Space Flight 
        Center women engineers, mathematicians, scientists, 
        technicians, and researchers.

``SEC. 3. SUPPORTING WOMEN'S INVOLVEMENT IN THE FIELDS OF AEROSPACE AND 
                    SPACE EXPLORATION.

    ``The Administrator of the National Aeronautics and Space 
Administration shall encourage women and girls to study 
science, technology, engineering, and mathematics, pursue 
careers in aerospace, and further advance the Nation's space 
science and exploration efforts through support of the 
following initiatives:
          ``(1) NASA GIRLS and NASA BOYS.
          ``(2) Aspire to Inspire.
          ``(3) Summer Institute in Science, Technology, 
        Engineering, and Research.

``SEC. 4. PLAN.

    ``Not later than 90 days after the date of enactment of 
this Act [Feb. 28, 2017], the Administrator shall submit to the 
Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a plan for how NASA can best 
facilitate and support both current and retired astronauts, 
scientists, engineers, and innovators, including early career 
female astronauts, scientists, engineers, and innovators, to 
engage with K-12 female STEM students and inspire the next 
generation of women to consider participating in the fields of 
science, technology, engineering, and mathematics and to pursue 
careers in aerospace. This plan shall--
          ``(1) report on existing activities with current and 
        retired NASA astronauts, scientists, engineers, and 
        innovators;
          ``(2) identify how NASA could best leverage existing 
        authorities to facilitate and support current and 
        retired astronaut, scientist, engineer, and innovator 
        participation in NASA outreach efforts;
          ``(3) propose and describe a program specific to 
        retired astronauts, scientists, engineers, and 
        innovators; and
          ``(4) identify any additional authorities necessary 
        to institute such a program.''

                    NASA'S CONTRIBUTION TO EDUCATION

    Pub. L. 111-358, title II, Sec. 202, Jan. 4, 2011, 124 
Stat. 3993, provided that:
    ``(a) Sense of Congress.--It is the sense of Congress that 
NASA [National Aeronautics and Space Administration] is 
uniquely positioned to interest students in science, 
technology, engineering, and mathematics, not only by the 
example it sets, but through its education programs.
    ``(b) Educational Program Goals.--NASA shall develop and 
maintain educational programs--
          ``(1) to carry out and support research based 
        programs and activities designed to increase student 
        interest and participation in STEM, including students 
        from minority and underrepresented groups;
          ``(2) to improve public literacy in STEM;
          ``(3) that employ proven strategies and methods for 
        improving student learning and teaching in STEM;
          ``(4) to provide curriculum support materials and 
        other resources that--
                  ``(A) are designed to be integrated with 
                comprehensive STEM education;
                  ``(B) are aligned with national science 
                education standards;
                  ``(C) promote the adoption and implementation 
                of high-quality education practices that build 
                toward college and career-readiness; and
          ``(5) to create and support opportunities for 
        enhanced and ongoing professional development for 
        teachers using best practices that improve the STEM 
        content and knowledge of the teachers, including 
        through programs linking STEM teachers with STEM 
        educators at the higher education level.'' [For 
        definition of ``STEM'' as used in section 202 of Pub. 
        L. 111-358, set out above, see section 2 of Pub. L. 
        111-358, set out as a note under section 6621 of Title 
        42, The Public Health and Welfare.]

                                REPORTS

    Pub. L. 109-155, title I, Sec. 102, Dec. 30, 2005, 119 
Stat. 2905, provided that:
    ``(a) National Awareness Campaign.--
          ``(1) In general.--The Administrator [of the National 
        Aeronautics and Space Administration] shall implement, 
        beginning not later than May 1, 2006, a national 
        awareness campaign through various media, including 
        print, radio, television, and the Internet, to 
        articulate missions, publicize recent accomplishments, 
        and facilitate efforts to encourage young Americans to 
        enter the fields of science, mathematics, and 
        engineering to help maintain United States leadership 
        in those fields.
          ``(2) Reports.--(A) Not later than April 1, 2006, the 
        Administrator shall transmit a plan to the Committee on 
        Science [now Committee on Science, Space, and 
        Technology] of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate describing the activities that will be 
        undertaken as part of the national awareness campaign 
        required by paragraph (1) and the expected cost of 
        those activities. NASA [National Aeronautics and Space 
        Administration] may undertake activities as part of the 
        national awareness campaign prior to the transmittal of 
        the plan required by this subparagraph, but the plan 
        shall include a description of any activities 
        undertaken prior to the transmittal and the estimated 
        cost of those activities.
                  `(B) Not later than three years after the 
                date of enactment of this Act [Dec. 30, 2005], 
                the Administrator shall transmit to the 
                Committee on Science of the House of 
                Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate an 
                assessment of the impact of the national 
                awareness campaign.
    ``(b) Budget Information.--Not later than April 30, 2006, 
the Administrator shall transmit to the Committee on Science 
[now Committee on Science, Space, and Technology] of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report describing--
          ``(1) the expected cost of the Crew Exploration 
        Vehicle through fiscal year 2020, based on the public 
        specifications for that development contract; and
          ``(2) the expected budgets for each fiscal year 
        through 2020 for human spaceflight, aeronautics, space 
        science, and earth science--
                  ``(A) first assuming inflationary growth for 
                the budget of NASA as a whole and including 
                costs for the Crew Exploration Vehicle as 
                projected under paragraph (1); and
                  ``(B) then assuming inflationary growth for 
                the budget of NASA as a whole and including at 
                least two cost estimates for the Crew 
                Exploration Vehicle that are higher than those 
                projected under paragraph (1), based on NASA's 
                past experience with cost increases for similar 
                programs, along with a description of the 
                reasons for selecting the cost estimates used 
                for the calculations under this subparagraph 
                and the confidence level for each of the cost 
                estimates used in this section.
    ``(c) Space Communications Plan.--
          ``(1) Plan.--The Administrator shall develop a plan, 
        in consultation with relevant Federal agencies, for 
        updating NASA's space communications architecture for 
        both low-Earth orbital operations and deep space 
        exploration so that it is capable of meeting NASA's 
        needs over the next 20 years. The plan shall include 
        life-cycle cost estimates, milestones, estimated 
        performance capabilities, and 5-year funding profiles. 
        The plan shall also include an estimate of the amounts 
        of any reimbursements NASA is likely to receive from 
        other Federal agencies during the expected life of the 
        upgrades described in the plan. At a minimum, the plan 
        shall include a description of the following:
                  ``(A) Projected Deep Space Network 
                requirements for the next 20 years, including 
                those in support of human space exploration 
                missions.
                  ``(B) Upgrades needed to support Deep Space 
                Network requirements.
                  ``(C) Cost estimates for the maintenance of 
                existing Deep Space Network capabilities.
                  ``(D) Cost estimates and schedules for the 
                upgrades described in subparagraph (B).
                  ``(E) Projected Tracking and Data Relay 
                Satellite System requirements for the next 20 
                years, including those in support of other 
                relevant Federal agencies.
                  ``(F) Cost and schedule estimates to maintain 
                and upgrade the Tracking and Data Relay 
                Satellite System to meet projected 
                requirements.
          ``(2) Consultations.--The Administrator shall consult 
        with other relevant Federal agencies in developing the 
        plan under this subsection.
          ``(3) Schedule.--The Administrator shall transmit the 
        plan under this subsection to the Committee on Science 
        [now Committee on Science, Space, and Technology] of 
        the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate not 
        later than February 17, 2007.
    ``(d) Joint Dark Energy Mission.--The Administrator and the 
Director of the Department of Energy Office of Science shall 
jointly transmit to the Committee on Science [now Committee on 
Science, Space, and Technology] of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate, not later than July 15, 2006, a report on plans for 
a Joint Dark Energy Mission. The report shall include the 
amount of funds each agency intends to expend on the Joint Dark 
Energy Mission for each of the fiscal years 2007 through 2011, 
and any specific milestones for the development and launch of 
the Mission.
    ``(e) Office of Science and Technology Policy.--
          ``(1) Study.--As part of ongoing efforts to 
        coordinate research and development across the Federal 
        agencies, the Director of the Office of Science and 
        Technology Policy shall conduct a study to determine--
                  ``(A) if any research and development 
                programs of NASA are unnecessarily duplicating 
                aspects of programs of other Federal agencies; 
                and
                  ``(B) if any research and development 
                programs of NASA are neglecting any topics of 
                national interest that are related to the 
                mission of NASA.
          ``(2) Report.--Not later than one year after the date 
        of enactment of this Act [Dec. 30, 2005], the Director 
        of the Office of Science and Technology Policy shall 
        transmit to the Committee on Science [now Committee on 
        Science, Space, and Technology] of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate a report that--
                  ``(A) describes the results of the study 
                under paragraph (1);
                  ``(B) lists the research and development 
                programs of Federal agencies other than NASA 
                that were reviewed as part of the study, which 
                shall include any program supporting research 
                and development in an area related to the 
                programs of NASA, and the most recent budget 
                figures for those programs of other agencies;
                  ``(C) recommends any changes to the research 
                and development programs of NASA that should be 
                made in response to the findings of the study 
                required by paragraph (1); and
                  ``(D) describes mechanisms the Office of 
                Science and Technology Policy will use to 
                ensure adequate coordination between NASA and 
                Federal agencies that operate related programs.
          ``(3) Contract.--The Director of the Office of 
        Science and Technology Policy may contract with a 
        nongovernmental entity to conduct the study required by 
        paragraph (1).''

                         REVIEW OF MUST PROGRAM

    Pub. L. 109-155, title VI, Sec. 617, Dec. 30, 2005, 119 
Stat. 2934, provided that: ``Not later than 60 days after the 
date of enactment of this Act [Dec. 30, 2005], the 
Administrator [of the National Aeronautics and Space 
Administration] shall transmit a report to Congress on the 
legal status of the Motivating Undergraduates in Science and 
Technology program. If the report concludes that the program is 
in compliance with the laws of the United States, NASA 
[National Aeronautics and Space Administration] shall implement 
the program, as planned in the July 5, 2005, NASA Research 
Announcement.''

          DENIAL OF FINANCIAL ASSISTANCE TO CAMPUS DISRUPTERS

    Pub. L. 92-304, Sec. 6, May 19, 1972, 86 Stat. 161, 
provided generally that any institution of higher education 
deny for a two-year period payment under programs authorized by 
the National Aeronautics and Space Act of 1958 (see 51 U.S.C. 
20101 et seq.) to any individual attending or employed by such 
institution who has been convicted of any crime committed after 
May 19, 1972, which involved the use of force, disruption or 
seizure of property to prevent officers or students from 
engaging in their duties or pursuing their studies. Similar 
provisions were contained in the following prior appropriation 
acts:
    Pub. L. 92-68, Sec. 6, Aug. 6, 1971, 85 Stat. 177.
    Pub. L. 91-303, Sec. 6, July 2, 1970, 84 Stat. 372.
    Pub. L. 91-119, Sec. 7, Nov. 18, 1969, 83 Stat. 201.

Sec. 40901. Science, Space, and Technology Education Trust Fund

    There is appropriated, by transfer from funds appropriated 
in the Department of Housing and Urban Development--Independent 
Agencies Appropriations Act, 1989 (Public Law 100-404, 102 
Stat. 1014), for ``Construction of facilities'', the sum of 
$15,000,000 to the ``Science, Space, and Technology Education 
Trust Fund'', which is hereby established in the Treasury of 
the United States. The Secretary of the Treasury shall invest 
these funds in the United States Treasury special issue 
securities, and interest shall be credited to the Trust Fund on 
a quarterly basis. Such interest shall be available for the 
purpose of making grants for programs directed at improving 
science, space, and technology education in the United States. 
The Administrator, after consultation with the Director of the 
National Science Foundation, shall review applications made for 
such grants and determine the distribution of available funds 
on a competitive basis. Grants shall be made available to any 
awardee only to the extent that the awardee provides matching 
funds from non-Federal sources to carry out the program for 
which grants from this Trust Fund are made. Of the funds made 
available by this Trust Fund, $250,000 shall be disbursed each 
calendar quarter to the Challenger Center for Space Science 
Education. The Administrator shall submit to Congress an annual 
report on the grants made pursuant to this section.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3391.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40901................................  42 U.S.C. 2467.                    Pub. L. 100-404, title II, (par. under
                                                                           heading ``Science, Space, and
                                                                           Technology Education Trust Fund'', at
                                                                           102 Stat. 1028), Aug. 19, 1988, 102
                                                                           Stat. 1028; Pub. L. 103-327, title
                                                                           III, Sept. 28, 1994, 108 Stat. 2328.
----------------------------------------------------------------------------------------------------------------

    In the first sentence, the words ``the Department of 
Housing and Urban Development--Independent Agencies 
Appropriations Act, 1989 (Public Law 100-404, 102 Stat. 1014)'' 
are substituted for ``this Act'' to clarify the reference.
    In the second sentence, the words ``of the Treasury'' are 
inserted after ``the Secretary'' for clarity.
    In the sixth sentence, the word ``hereafter'', which 
appeared after ``each calendar quarter'', is omitted as 
unnecessary.

Sec. 40902. National Aeronautics and Space Administration Endeavor 
                    Teacher Fellowship Trust Fund

    (a) Establishment.--There is established in the Treasury of 
the United States, in tribute to the dedicated crew of the 
Space Shuttle Challenger, a trust fund to be known as the 
National Aeronautics and Space Administration Endeavor Teacher 
Fellowship Trust Fund (hereafter in this section referred to as 
the ``Trust Fund''). The Trust Fund shall consist of amounts 
which may from time to time, at the discretion of the 
Administrator, be transferred from the National Aeronautics and 
Space Administration Gifts and Donations Trust Fund.
    (b) Investment of Trust Fund.--The Administrator shall 
direct the Secretary of the Treasury to invest and reinvest 
funds in the Trust Fund in public debt securities with 
maturities suitable for the needs of the Trust Fund, and 
bearing interest at rates determined by the Secretary of the 
Treasury, taking into consideration the current average market 
yield on outstanding marketable obligations of the United 
States of comparable maturities. Interest earned shall be 
credited to the Trust Fund.
    (c) Purpose.--Income accruing from the Trust Fund principal 
shall be used to create the National Aeronautics and Space 
Administration Endeavor Teacher Fellowship Program, to the 
extent provided in advance in appropriation Acts. The 
Administrator is authorized to use such funds to award 
fellowships to selected United States nationals who are 
undergraduate students pursuing a course of study leading to 
certified teaching degrees in elementary education or in 
secondary education in mathematics, science, or technology 
disciplines. Awards shall be made pursuant to standards 
established for the fellowship program by the Administrator.
    (d) Availability of Funds.--The interest accruing from the 
National Aeronautics and Space Administration Endeavor Teacher 
Fellowship Trust Fund principal shall be available in fiscal 
year 2012 for the purpose of the Endeavor Science Teacher 
Certificate Program.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3391; Pub. 
L. 112-55, div. B, title III, Nov. 18, 2011, 125 Stat. 626.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40902................................  42 U.S.C. 2467a.                   Pub. L. 102-195, Sec.  20, Dec. 9,
                                                                           1991, 105 Stat. 1615.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``The Trust Fund shall consist 
of amounts'' are substituted for ``The Trust Fund shall consist 
of gifts and donations accepted by the National Aeronautics and 
Space Administration pursuant to section 208 of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2476b), as well as 
other amounts'' because the Administration's authority to 
accept gifts or donations under section 208 of the National 
Aeronautics and Space Act of 1958 terminated 5 years after 
October 30, 1987.

                               AMENDMENTS

    2011--Subsec. (d). Pub. L. 112-55 added subsec. (d).

Sec. 40903. Experimental Program to Stimulate Competitive Research--
                    merit grant competition requirements

    (a) Definition of Eligible State.--In this section, the 
term ``eligible State'' means a State designated by the 
Administrator as eligible to compete in the National Science 
Foundation's Experimental Program to Stimulate Competitive 
Research.
    (b) Competition.--Making use of the existing infrastructure 
established in eligible States by the National Science 
Foundation, the Administrator shall conduct a merit grant 
competition among the eligible States in areas of research 
important to the mission of the Administration. With respect to 
a grant application by an eligible State, the Administrator 
shall consider--
          (1) the application's merit and relevance to the 
        mission of the Administration;
          (2) the potential for the grant to serve as a 
        catalyst to enhance the ability of researchers in the 
        State to become more competitive for regular 
        Administration funding;
          (3) the potential for the grant to improve the 
        environment for science, mathematics, and engineering 
        education in the State; and
          (4) the need to ensure the maximum distribution of 
        grants among eligible States, consistent with merit.
    (c) Supplemental Grants.--The Administrator shall endeavor, 
where appropriate, to supplement grants made under subsection 
(b) with such grants for fellowships, traineeships, equipment, 
or instrumentation as are available.
    (d) Information in Annual Budget Submission.--In order to 
ensure that research expertise and talent throughout the Nation 
is developed and engaged in Administration research and 
education activities, the Administration shall, as part of its 
annual budget submission, detail additional steps that can be 
taken to further integrate the participating eligible States in 
both existing and new or emerging Administration research 
programs and center activities.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3392.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40903(a).............................  42 U.S.C. 2467b(c).                Pub. L. 102-588, title III, Sec.  304,
                                                                           Nov. 4, 1992, 106 Stat. 5120.
40903(b).............................  42 U.S.C. 2467b(a).
40903(c).............................  42 U.S.C. 2467b(b).
40903(d).............................  42 U.S.C. 17781(b).                Pub. L. 110-422, title VII, Sec.
                                                                           704(b), Oct. 15, 2008, 122 Stat.
                                                                           4802.
----------------------------------------------------------------------------------------------------------------

    In subsection (d) the words ``eligible States''' are 
substituted for ``EPSCoR States''' for clarity and consistency 
in the section.

                   CONGRESSIONAL FINDINGS AND POLICY

    Pub. L. 102-588, title III, Sec. Sec. 301-303, Nov. 4, 
1992, 106 Stat. 5119, provided that:

``SEC. 301. SHORT TITLE.

    ``This title [see Tables for classification] may be cited 
as the 'Experimental Program to Stimulate Competitive Research 
on Space and Aeronautics Act'.

``SEC. 302. FINDINGS.

    ``Congress finds that--
          ``(1) the report of the Advisory Committee on the 
        Future of the United States Space Program has provided 
        a framework within which a consensus on the goals of 
        the space program can be developed;
          ``(2) the National Aeronautics and Space 
        Administration's space science and applications, 
        aeronautical research and technology, and space 
        research and technology programs will serve as the 
        fulcrum for future initiatives by the United States in 
        civil space and aviation;
          ``(3) colleges and universities in many States are 
        currently not able to compete successfully for research 
        grants awarded by the National Aeronautics and Space 
        Administration through its space science and 
        applications, aeronautical research and technology, and 
        space research and technology programs;
          ``(4) balanced programs of space science and 
        applications, aeronautical research and technology, and 
        space research and technology should include 
        initiatives designed to foster competitive research 
        capacity in all geographic areas of the Nation; and
          ``(5) by strengthening the competitive research 
        capacity in those geographic areas of the Nation which 
        are not currently fully competitive, the education and 
        training of scientists and engineers important to the 
        future of the United States civil space and aviation 
        programs will be fostered.

``SEC. 303. POLICY.

    ``It is the policy of the United States that--
          ``(1) the Administrator [of the National Aeronautics 
        and Space Administration], in planning for national 
        programs in space science and applications, 
        aeronautical research, space flight, and exploration, 
        should ensure the resilience of the space and 
        aeronautics research infrastructure;
          ``(2) a stable and balanced program of space science 
        and applications, aeronautical research and technology, 
        and space research and technology should include 
        programs to assure that geographic areas of the United 
        States that currently do not successfully participate 
        in competitive space and aeronautical research 
        activities are enabled to become more competitive; and
          ``(3) programs to improve competitive capabilities 
        should be a part of the research and the educational 
        activities of the National Aeronautics and Space 
        Administration.''

Sec. 40904. Microgravity research

    The Administrator shall--
          (1) ensure the capacity to support ground-based 
        research leading to space-based basic and applied 
        scientific research in a variety of disciplines with 
        potential direct national benefits and applications 
        that can be advanced significantly from the uniqueness 
        of microgravity and the space environment; and
          (2) carry out, to the maximum extent practicable, 
        basic, applied, and commercial International Space 
        Station research in fields such as molecular crystal 
        growth, animal research, basic fluid physics, 
        combustion research, cellular biotechnology, low-
        temperature physics, and cellular research at a level 
        that will sustain the existing United States scientific 
        expertise and research capability in microgravity 
        research.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3393.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40904(I).............................  42 U.S.C. 16655(2).                Pub. L. 109-155, title III, Sec.
                                                                           305(2), (3), Dec. 30, 2005, 119 Stat.
                                                                           2918.
40904(2).............................  42U.S.C. 16655(3).
----------------------------------------------------------------------------------------------------------------

Sec. 40905. Program to expand distance learning in rural underserved 
                    areas

    (a) In General.--The Administrator shall develop or expand 
programs to extend science and space educational outreach to 
rural communities and schools through video conferencing, 
interpretive exhibits, teacher education, classroom 
presentations, and student field trips.
    (b) Priorities.--In carrying out subsection (a), the 
Administrator shall give priority to existing programs, 
including Challenger Learning Centers--
          (1) that utilize community-based partnerships in the 
        field;
          (2) that build and maintain video conference and 
        exhibit capacity;
          (3) that travel directly to rural communities and 
        serve low-income populations; and
          (4) with a special emphasis on increasing the number 
        of women and minorities in the science and engineering 
        professions.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3393.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40905................................  42 U.S.C. 1679.                    Pub. L. 109-155, title VI, Sec.  612,
                                                                           Dec. 30, 2005, 119 Stat. 2932.
----------------------------------------------------------------------------------------------------------------

Sec. 40906. Equal access to the Administration's education programs

    (a) In General.--The Administrator shall strive to ensure 
equal access for minority and economically disadvantaged 
students to the Administration's education programs.
    (b) Report.--Every 2 years, the Administrator shall submit 
a report to the Committee on Science and Technology of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate describing the 
efforts by the Administrator to ensure equal access for 
minority and economically disadvantaged students under this 
section and the results of such efforts. As part of the report, 
the Administrator shall provide--
          (1) data on minority participation in the 
        Administration's education programs, at a minimum in 
        the categories of--
                  (A) elementary and secondary education;
                  (B) undergraduate education; and
                  (C) graduate education; and
          (2) the total value of grants the Administration made 
        to Historically Black Colleges and Universities and to 
        Hispanic Serving Institutions through education 
        programs during the period covered by the report.
    (c) Program.--The Administrator shall establish the Dr. Mae 
C. Jemison Grant Program to work with Minority Serving 
Institutions to bring more women of color into the field of 
space and aeronautics.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3393.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40906................................  42 U.S.C. 16794.                   Pub. L. 109-155, title VI, Sec.  615,
                                                                           Dec. 30, 2005, 119 Stat. 2934.
----------------------------------------------------------------------------------------------------------------

    In subsection (b), in the matter before paragraph (1), the 
words ``Every 2 years'' are substituted for ``Not later than 1 
year after the date of enactment of this Act [December 30, 
2005], and every 2 years thereafter'' to eliminate obsolete 
language.
    In subsection (b), in the matter before paragraph (1), the 
words ``Committee on Science and Technology'' are substituted 
for ``Committee on Science'' on authority of Rule X(1)(o) of 
the Rules of the House of Representatives, adopted by House 
Resolution No. 6 (110th Congress, January 5, 2007).

                             CHANGE OF NAME

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

Sec. 40907 Museums

    The Administrator may provide grants to, and enter into 
cooperative agreements with, museums and planetariums to enable 
them to enhance programs related to space exploration, 
aeronautics, space science, Earth science, or microgravity. 
(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3394.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40907................................  42 U.S.C. 16795.                   Pub. L. 109-155, title VI, Sec.  616,
                                                                           Dec. 30, 2005, 119 Stat. 2934.
----------------------------------------------------------------------------------------------------------------

Sec. 40908. Continuation of certain education programs

    From amounts appropriated to the Administration for 
education programs, the Administrator shall ensure the 
continuation of the Space Grant Program, the Experimental 
Program to Stimulate Competitive Research, and, consistent with 
the results of the review under section 614 of the National 
Aeronautics and Space Administration Authorization Act of 2005 
(Public Law 109-155, 119 Stat. 2933), the Administration 
Explorer School program, to motivate and develop the next 
generation of explorers.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3394.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40908................................  42 U.S.C. 16797.                   Pub. L. 109-155, title VI, Sec.  618,
                                                                           Dec. 30, 2005, 119 Stat. 2934.
----------------------------------------------------------------------------------------------------------------

                           REFERENCES IN TEXT

    Section 614 of the National Aeronautics and Space 
Administration Authorization Act of 2005, referred to in text, 
was classified to former section 16793 of Title 42, The Public 
Health and Welfare, and was omitted from the Code following the 
enactment of this title by Pub. L. 111-314.

Sec. 40909. Compliance with title IX of Education Amendments of 1972

    To comply with title IX of the Education Amendments of 1972 
(20 U.S.C. 1681 et seq.), the Administrator shall conduct 
compliance reviews of at least 2 grantees annually.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3394.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40909................................  42 U.S.C. 16798b.                  Pub. L. 109-155, title VI, Sec.
                                                                           619(b), Dec. 30, 2005, 119 Stat.
                                                                           2935.
----------------------------------------------------------------------------------------------------------------

                           REFERENCES IN TEXT

    The Education Amendments of 1972, referred to in text, is 
Pub. L. 92-318, June 23, 1972, 86 Stat. 235. Title IX of the 
Act, known as the Patsy Takemoto Mink Equal Opportunity in 
Education Act, is classified principally to chapter 38 
(Sec. 1681 et seq.) of Title 20, Education. For complete 
classification of title IX to the Code, see Short Title note 
set out under section 1681 of Title 20 and Tables.

SUBTITLE V OF TITLE 51, U.S.C.

SUBTITLE V OF TITLE 51, U.S.C.

        Subtitle V--Programs Targeting Commercial Opportunities

                      CHAPTER 501--SPACE COMMERCE

                          Subchapter I--General

Sec.
50101. Definitions.

       Subchapter II--Promotion of Commercial Space Opportunities

50111. Commercialization of Space Station.
50112. Promotion of United States Global Positioning System standards.
50113. Acquisition of space science data.
50114. Administration of commercial space centers.
50115. Sources of Earth science data.
50116. Commercial technology transfer program.

  Subchapter III--Federal Acquisition of Space Transportation Services

50131. Requirement to procure commercial space transportation services.
50132. Acquisition of commercial space transportation services.
[50133. Repealed.]
50134. Use of excess intercontinental ballistic missiles.

                               AMENDMENTS

    2017--Pub. L. 115-10, title IV, Sec. 416(c), Mar. 21, 2017, 
131 Stat. 35, struck out item 50133 ``Shuttle privatization''.

                         Subchapter I--General

Sec. 50101. Definitions

    In this chapter:
          (1) Commercial provider.--The term ``commercial 
        provider'' means any person providing space 
        transportation services or other space-related 
        activities, primary control of which is held by persons 
        other than Federal, State, local, and foreign 
        governments.
          (2) Payload.--The term ``payload'' means anything 
        that a person undertakes to transport to, from, or 
        within outer space, or in suborbital trajectory, by 
        means of a space transportation vehicle, but does not 
        include the space transportation vehicle itself except 
        for its components which are specifically designed or 
        adapted for that payload.
          (3) Space-related activities.--The term ``space-
        related activities'' includes research and development, 
        manufacturing, processing, service, and other 
        associated and support activities.
          (4) Space transportation services.--The term ``space 
        transportation services'' means the preparation of a 
        space transportation vehicle and its payloads for 
        transportation to, from, or within outer space, or in 
        suborbital trajectory, and the conduct of transporting 
        a payload to, from, or within outer space, or in 
        suborbital trajectory.
          (5) Space transportation vehicle.--The term ``space 
        transportation vehicle'' means any vehicle constructed 
        for the purpose of operating in, or transporting a 
        payload to, from, or within, outer space, or in 
        suborbital trajectory, and includes any component of 
        such vehicle not specifically designed or adapted for a 
        payload.
          (6) State.--The term ``State'' means each of the 
        several States of the Union, the District of Columbia, 
        the Commonwealth of Puerto Rico, the Virgin Islands, 
        Guam, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and any other commonwealth, territory, 
        or possession of the United States.
          (7) United States commercial provider.--The term 
        ``United States commercial provider'' means a 
        commercial provider, organized under the laws of the 
        United States or of a State, that is--
                  (A) more than 50 percent owned by United 
                States nationals; or
                  (B) a subsidiary of a foreign company and the 
                Secretary of Transportation finds that--
                          (i) such subsidiary has in the past 
                        evidenced a substantial commitment to 
                        the United States market through--
                                  (I) investments in the United 
                                States in long-term research, 
                                development, and manufacturing 
                                (including the manufacture of 
                                major components and 
                                subassemblies); and
                                  (II) significant 
                                contributions to employment in 
                                the United States; and
                          (ii) the country or countries in 
                        which such foreign company is 
                        incorporated or organized, and, if 
                        appropriate, in which it principally 
                        conducts its business, affords 
                        reciprocal treatment to companies 
                        described in subparagraph (A) 
                        comparable to that afforded to such 
                        foreign company's subsidiary in the 
                        United States, as evidenced by--
                                  (I) providing comparable 
                                opportunities for companies 
                                described in subparagraph (A) 
                                to participate in Government-
                                sponsored research and 
                                development similar to that 
                                authorized under this chapter;
                                  (II) providing no barriers, 
                                to companies described in 
                                subparagraph (A) with respect 
                                to local investment 
                                opportunities, that are not 
                                provided to foreign companies 
                                in the United States; and
                                  (III) providing adequate and 
                                effective protection for the 
                                intellectual property rights of 
                                companies described in 
                                subparagraph (A).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3394.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50101................................  42 U.S.C. 14701.                   Pub. L. 105-303, Sec.  2, Oct. 28,
                                                                           1998, 112 Stat. 2843.
----------------------------------------------------------------------------------------------------------------

    The definition of ``Administrator'' in section 2 of the 
Commercial Space Act of 1998 (Public Law 105-303, 112 Stat. 
2843) is omitted as unnecessary because of the definition added 
by section 10101 of title 51.

 SPACE POLICY DIRECTIVE--2. STREAMLINING REGULATIONS ON COMMERCIAL USE 
                                OF SPACE

    Space Policy Directive-2, May 24, 2018, 83 F.R. 24901, 
provided:
    Memorandum for the Vice President[,] the Secretary of 
State[,] the Secretary of Defense[,] the Secretary of 
Commerce[,] the Secretary of Transportation[,] the Secretary of 
Homeland Security[,] the Secretary of Labor[,] the Director of 
National Intelligence[,] the Director of the Office of 
Management and Budget[,] the Assistant to the President for 
National Security Affairs[,] the Administrator of the National 
Aeronautics and Space Administration[,] the Director of the 
Office of Science and Technology Policy[,] the Assistant to the 
President for Homeland Security and Counterterrorism[, and] the 
Chairman of the Joint Chiefs of Staff
    SECTION 1. Policy. It is the policy of the executive branch 
to be prudent and responsible when spending taxpayer funds, and 
to recognize how government actions, including Federal 
regulations, affect private resources. It is therefore 
important that regulations adopted and enforced by the 
executive branch promote economic growth; minimize uncertainty 
for taxpayers, investors, and private industry; protect 
national security, public-safety, and foreign policy interests; 
and encourage American leadership in space commerce.
    SEC. 2. Launch and Re-entry Licensing. (a) No later than 
February 1, 2019, the Secretary of Transportation shall review 
regulations adopted by the Department of Transportation that 
provide for and govern licensing of commercial space flight 
launch and re-entry for consistency with the policy set forth 
in section 1 of this memorandum and shall rescind or revise 
those regulations, or publish for notice and comment proposed 
rules rescinding or revising those regulations, as appropriate 
and consistent with applicable law.
    (b) Consistent with the policy set forth in section 1 of 
this memorandum, the Secretary of Transportation shall consider 
the following:
    (i) requiring a single license for all types of commercial 
space flight launch and re-entry operations; and
    (ii) replacing prescriptive requirements in the commercial 
space flight launch and re-entry licensing process with 
performance-based criteria.
    (c) In carrying out the review required by subsection (a) 
of this section, the Secretary of Transportation shall 
coordinate with the members of the National Space Council.
    (d) The Secretary of Defense, the Secretary of 
Transportation, and the Administrator of the National 
Aeronautics and Space Administration shall coordinate to 
examine all existing U.S. Government requirements, standards, 
and policies associated with commercial space flight launch and 
re-entry operations from Federal launch ranges and, as 
appropriate and consistent with applicable law, to minimize 
those requirements, except those necessary to protect public 
safety and national security, that would conflict with the 
efforts of the Secretary of Transportation in implementing the 
Secretary's responsibilities under this section.
    SEC. 3. Commercial Remote Sensing. (a) Within 90 days of 
the date of this memorandum [May 24, 2018], the Secretary of 
Commerce shall review the regulations adopted by the Department 
of Commerce under Title II of the Land Remote Sensing Policy 
Act of 1992 ([now] 51 U.S.C. 60101 et seq.) for consistency 
with the policy set forth in section 1 of this memorandum and 
shall rescind or revise those regulations, or publish for 
notice and comment proposed rules rescinding or revising those 
regulations, as appropriate and consistent with applicable law.
    (b) In carrying out the review required by subsection (a) 
of this section, the Secretary of Commerce shall coordinate 
with the Secretary of State, the Secretary of Defense, the 
Administrator of the National Aeronautics and Space 
Administration, and, as appropriate, the Chairman of the 
Federal Communications Commission.
    (c) Within 120 days of the date of the completion of the 
review required by subsection (a) of this section, the 
Secretary of Commerce, in coordination with the Secretary of 
State and the Secretary of Defense, shall transmit to the 
Director of the Office of Management and Budget a legislative 
proposal to encourage expansion of the licensing of commercial 
remote sensing activities. That proposal shall be consistent 
with the policy set forth in section 1 of this memorandum.
    SEC. 4. Reorganization of the Department of Commerce. (a) 
To the extent permitted by law, the Secretary of Commerce shall 
consolidate in the Office of the Secretary of Commerce the 
responsibilities of the Department of Commerce with respect to 
the Department's regulation of commercial space flight 
activities.
    (b) Within 30 days of the date of this memorandum, the 
Secretary of Commerce shall transmit to the Director of the 
Office of Management and Budget a legislative proposal to 
create within the Department of Commerce an entity with primary 
responsibility for administering the Department's regulation of 
commercial space flight activities.
    SEC. 5. Radio Frequency Spectrum. (a) The Secretary of 
Commerce, in coordination with the Director of the Office of 
Science and Technology Policy, shall work with the Federal 
Communications Commission to ensure that Federal Government 
activities related to radio frequency spectrum are, to the 
extent permitted by law, consistent with the policy set forth 
in section 1 of this memorandum.
    (b) Within 120 days of the date of this memorandum, the 
Secretary of Commerce and the Director of the Office of Science 
and Technology Policy, in consultation with the Chairman of the 
Federal Communications Commission, and in coordination with the 
members of the National Space Council, shall provide to the 
President, through the Executive Secretary of the National 
Space Council, a report on improving the global competitiveness 
of the United States space sector through radio frequency 
spectrum policies, regulation, and United States activities at 
the International Telecommunication Union and other 
multilateral forums.
    SEC. 6. Review of Export Licensing Regulations. The 
Executive Secretary of the National Space Council, in 
coordination with the members of the National Space Council, 
shall:
    (a) initiate a review of export licensing regulations 
affecting commercial space flight activity;
    (b) develop recommendations to revise such regulations 
consistent with the policy set forth in section 1 of this 
memorandum and with applicable law; and
    (c) submit such recommendations to the President, through 
the Vice President, no later than 180 days from the date of 
this memorandum.
    SEC. 7. General Provisions. (a) Nothing in this memorandum 
shall be construed to impair or otherwise affect:
    (i) the authority granted by law to an executive department 
or agency, or the head thereof; or
    (ii) the functions of the Director of the Office of 
Management and Budget relating to budgetary, administrative, or 
legislative proposals.
    (b) This memorandum shall be implemented consistent with 
applicable law and subject to the availability of 
appropriations.
    (c) This memorandum is not intended to, and does not, 
create any right or benefit, substantive or procedural, 
enforceable at law or in equity by any party against the United 
States, its departments, agencies, or entities, its officers, 
employees, or agents, or any other person.
    (d) The Secretary of Transportation is authorized and 
directed to publish this memorandum in the Federal Register.

                                                   Donald J. Trump.

       Subchapter II--Promotion of Commercial Space Opportunities

Sec. 50111. Commercialization of Space Station

    (a) Policy.--Congress declares that a priority goal of 
constructing the International Space Station is the economic 
development of Earth orbital space. Congress further declares 
that free and competitive markets create the most efficient 
conditions for promoting economic development, and should 
therefore govern the economic development of Earth orbital 
space. Congress further declares that the use of free market 
principles in operating, servicing, allocating the use of, and 
adding capabilities to the Space Station, and the resulting 
fullest possible engagement of commercial providers and 
participation of commercial users, will reduce Space Station 
operational costs for all partners and the Federal Government's 
share of the United States burden to fund operations.
    (b) Use of United States Commercially Provided Services.--
          (1) In general.--In order to stimulate commercial use 
        of space, help maximize the utility and productivity of 
        the International Space Station, and enable a 
        commercial means of providing crew transfer and crew 
        rescue services for the International Space Station, 
        the Administration shall--
                  (A) make use of United States commercially 
                provided International Space Station crew 
                transfer and crew rescue services to the 
                maximum extent practicable, if those commercial 
                services have demonstrated the capability to 
                meet Administration-specified ascent, entry, 
                and International Space Station proximity 
                operations safety requirements;
                  (B) limit, to the maximum extent practicable, 
                the use of the Crew Exploration Vehicle to 
                missions carrying astronauts beyond low Earth 
                orbit once commercial crew transfer and crew 
                rescue services that meet safety requirements 
                become operational;
                  (C) facilitate, to the maximum extent 
                practicable, the transfer of Administration-
                developed technologies to potential United 
                States commercial crew transfer and rescue 
                service providers, consistent with United 
                States law; and
                  (D) issue a notice of intent, not later than 
                180 days after October 15, 2008, to enter into 
                a funded, competitively awarded Space Act 
                Agreement with 2 or more commercial entities 
                for a Phase 1 Commercial Orbital Transportation 
                Services crewed vehicle demonstration program.
          (2) Congressional intent.--It is the intent of 
        Congress that funding for the program described in 
        paragraph (1)(D) shall not come at the expense of full 
        funding of the amounts authorized under section 
        101(3)(A) of the National Aeronautics and Space 
        Administration Authorization Act of 2008 (Public Law 
        110-422, 122 Stat. 4783), and for future fiscal years, 
        for Orion Crew Exploration Vehicle development, Ares I 
        Crew Launch Vehicle development, or International Space 
        Station cargo delivery.
          (3) Additional technologies.--The Administration 
        shall make International Space Station-compatible 
        docking adaptors and other relevant technologies 
        available to the commercial crew providers selected to 
        service the International Space Station.
          (4) Crew transfer and crew rescue services 
        contract.--If a commercial provider demonstrates the 
        capability to provide International Space Station crew 
        transfer and crew rescue services and to satisfy 
        Administration ascent, entry, and International Space 
        Station proximity operations safety requirements, the 
        Administration shall enter into an International Space 
        Station crew transfer and crew rescue services contract 
        with that commercial provider for a portion of the 
        Administration's anticipated International Space 
        Station crew transfer and crew rescue requirements from 
        the time the commercial provider commences operations 
        under contract with the Administration through calendar 
        year 2016, with an option to extend the period of 
        performance through calendar year 2020.
    (c) ISS Transition Plan.--
          (1) In general.--The Administrator, in coordination 
        with the ISS management entity (as defined in section 2 
        of the National Aeronautics and Space Administration 
        Transition Authorization Act of 2017), ISS partners, 
        the scientific user community, and the commercial space 
        sector, shall develop a plan to transition in a step-
        wise approach from the current regime that relies 
        heavily on NASA sponsorship to a regime where NASA 
        could be one of many customers of a low-Earth orbit 
        non-governmental human space flight enterprise.
          (2) Reports.--Not later than December 1, 2017, and 
        biennially thereafter until 2023, the Administrator 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Science, Space, and Technology of the House of 
        Representatives a report that includes--
                  (A) a description of the progress in 
                achieving the Administration's deep space human 
                exploration objectives on ISS and prospects for 
                accomplishing future mission requirements, 
                space exploration objectives, and other 
                research objectives on future commercially 
                supplied low-Earth orbit platforms or migration 
                of those objectives to cis-lunar space;
                  (B) the steps NASA is taking and will take, 
                including demonstrations that could be 
                conducted on the ISS, to stimulate and 
                facilitate commercial demand and supply of 
                products and services in low-Earth orbit;
                  (C) an identification of barriers preventing 
                the commercialization of low-Earth orbit, 
                including issues relating to policy, 
                regulations, commercial intellectual property, 
                data, and confidentiality, that could inhibit 
                the use of the ISS as a commercial incubator;
                  (D) the criteria for defining the ISS as a 
                research success;
                  (E) the criteria used to determine whether 
                the ISS is meeting the objective under section 
                301(b)(2) of the National Aeronautics and Space 
                Administration Transition Authorization Act of 
                2017;
                  (F) an assessment of whether the criteria 
                under subparagraphs (D) and (E) are consistent 
                with the research areas defined in, and 
                recommendations and schedules under, the 
                current National Academies of Sciences, 
                Engineering, and Medicine Decadal Survey on 
                Biological and Physical Sciences in Space;
                  (G) any necessary contributions that ISS 
                extension would make to enabling execution of 
                the human exploration roadmap under section 432 
                of the National Aeronautics and Space 
                Administration Transition Authorization Act of 
                2017;
                  (H) the cost estimates for operating the ISS 
                to achieve the criteria required under 
                subparagraphs (D) and (E) and the contributions 
                identified under subparagraph (G);
                  (I) the cost estimates for extending 
                operations of the ISS to 2024, 2028, and 2030;
                  (J) an evaluation of the feasible and 
                preferred service life of the ISS beyond the 
                period described in section 503 of the National 
                Aeronautics and Space Administration 
                Authorization Act of 2010 (42 U.S.C. 18353), 
                through at least 2028, as a unique scientific, 
                commercial, and space exploration-related 
                facility, including--
                          (i) a general discussion of 
                        international partner capabilities and 
                        prospects for extending the 
                        partnership;
                          (ii) the cost associated with 
                        extending the service life;
                          (iii) an assessment on the technical 
                        limiting factors of the service life of 
                        the ISS, including list of critical 
                        components and their expected service 
                        life and availability; and
                          (iv) such other information as may be 
                        necessary to fully describe the 
                        justification for and feasibility of 
                        extending the service life of the ISS, 
                        including the potential scientific or 
                        technological benefits to the Federal 
                        Government, public, or to academic or 
                        commercial entities;
                  (K) an identification of the necessary 
                actions and an estimate of the costs to deorbit 
                the ISS once it has reached the end of its 
                service life;
                  (L) the impact on deep space exploration 
                capabilities, including a crewed mission to 
                Mars in the 2030s, if the preferred service 
                life of the ISS is extended beyond 2024 and 
                NASA maintains a flat budget profile; and
                  (M) an evaluation of the functions, roles, 
                and responsibilities for management and 
                operation of the ISS and a determination of--
                          (i) those functions, roles, and 
                        responsibilities the Federal Government 
                        should retain during the lifecycle of 
                        the ISS;
                          (ii) those functions, roles, and 
                        responsibilities that could be 
                        transferred to the commercial space 
                        sector;
                          (iii) the metrics that would indicate 
                        the commercial space sector's readiness 
                        and ability to assume the functions, 
                        roles, and responsibilities described 
                        in clause (ii); and
                          (iv) any necessary changes to any 
                        agreements or other documents and the 
                        law to enable the activities described 
                        in subparagraphs (A) and (B).
          (3) Demonstrations.--If additional Government crew, 
        power, and transportation resources are available after 
        meeting the Administration's requirements for ISS 
        activities defined in the human exploration roadmap and 
        related research, demonstrations identified under 
        paragraph (2) may--
                  (A) test the capabilities needed to meet 
                future mission requirements, space exploration 
                objectives, and other research objectives 
                described in paragraph (2)(A); and
                  (B) demonstrate or test capabilities, 
                including commercial modules or deep space 
                habitats, Environmental Control and Life 
                Support Systems, orbital satellite assembly, 
                exploration space suits, a node that enables a 
                wide variety of activity, including multiple 
                commercial modules and airlocks, additional 
                docking or berthing ports for commercial crew 
                and cargo, opportunities for the commercial 
                space sector to cost share for transportation 
                and other services on the ISS, other commercial 
                activities, or services obtained through 
                alternate acquisition approaches.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3396; Pub. 
L. 115-10, title III, Sec. 303(c), Mar. 21, 2017, 131 Stat. 
27.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50111(a).............................  42 U.S.C. 14711(a).                Pub. L. 105-303, title I, Sec.
                                                                           101(a), Oct. 28, 1998, 112 Stat.
                                                                           2845.
50111(b).............................  42 U.S.C. 17801.                   Pub. L. 110-422, title IX, Sec.  902,
                                                                           Oct. 15, 2008, 122 Stat. 4805.
----------------------------------------------------------------------------------------------------------------

    In subsection (b)(1)(D), the date ``October 15, 2008'' is 
substituted for ``the date of enactment of this Act'' to 
reflect the date of enactment of the National Aeronautics and 
Space Administration Authorization Act of 2008 (Public Law 110-
422, 122 Stat. 4779).

                           REFERENCES IN TEXT

    Section 101(3)(A) of the National Aeronautics and Space 
Administration Authorization Act of 2008, referred to in 
subsec. (b)(2), is section 101(3)(A) of Pub. L. 110-422, Oct. 
15, 2008, 122 Stat. 4783, which was not classified to the Code.
    The National Aeronautics and Space Administration 
Transition Authorization Act of 2017, referred to in subsec. 
(c)(1), (2)(E), (G), is Pub. L. 115-10, Mar. 21, 2017, 131 
Stat. 18. Section 2 of the Act is set out as a note under 
section 10101 of this title, section 301(b)(2) of the Act is 
set out in a note under this section, and section 432 of the 
Act is set out in a note under section 20302 of this title.

                               AMENDMENTS

    2017--Subsec. (c). Pub. L. 115-10 added subsec. (c).

                     MAXIMIZING UTILIZATION OF ISS

    Pub. L. 115-10, title III, Sec. Sec. 301-303, Mar. 21, 
2017, 131 Stat. 22-26, provided that:

``SEC. 301. OPERATION OF THE ISS.

    ``(a) Sense of Congress.--It is the sense of Congress 
that--
          ``(1) after 15 years of continuous human presence in 
        low-Earth orbit, the ISS continues to overcome 
        challenges and operate safely;
          ``(2) the ISS is a unique testbed for future space 
        exploration systems development, including long-
        duration space travel;
          ``(3) the expansion of partnerships, scientific 
        research, and commercial applications of the ISS is 
        essential to ensuring the greatest return on 
        investments made by the United States and its 
        international space partners in the development, 
        assembly, and operations of that unique facility;
          ``(4) utilization of the ISS will sustain United 
        States leadership and progress in human space 
        exploration by--
                  ``(A) facilitating the commercialization and 
                economic development of low-Earth orbit;
                  ``(B) serving as a testbed for technologies 
                and a platform for scientific research and 
                development; and
                  ``(C) serving as an orbital facility enabling 
                research upon--
                          ``(i) the health, well-being, and 
                        performance of humans in space; and
                          ``(ii) the development of in-space 
                        systems enabling human space 
                        exploration beyond low-Earth orbit; and
          ``(5) the ISS provides a platform for fundamental, 
        microgravity, discovery-based space life and physical 
        sciences research that is critical for enabling space 
        exploration, protecting humans in space, increasing 
        pathways for commercial space development that depend 
        on advances in basic research, and contributes to 
        advancing science, technology, engineering, and 
        mathematics research.
    ``(b) Objectives.--The primary objectives of the ISS 
program shall be--
          ``(1) to achieve the long term goal and objectives 
        under section 202 of the National Aeronautics and Space 
        Administration Authorization Act of 2010 (42 U.S.C. 
        18312); and
          ``(2) to pursue a research program that advances 
        knowledge and provides other benefits to the Nation.
    ``(c) Continuation of the ISS.--[Amended section 18351 of 
Title 42, The Public Health and Welfare.]

``SEC. 302. TRANSPORTATION TO ISS.

    ``(a) Findings.--Congress finds that reliance on foreign 
carriers for United States crew transfer is unacceptable, and 
the Nation's human space flight program must acquire the 
capability to launch United States government astronauts on 
vehicles using United States rockets from United States soil as 
soon as is safe, reliable, and affordable to do so.
    ``(b) Sense of Congress on Commercial Crew Program and 
Commercial Resupply Services Program.--It is the sense of 
Congress that--
          ``(1) once developed and certified to meet the 
        Administration's safety and reliability requirements, 
        United States commercially provided crew transportation 
        systems can serve as the primary means of transporting 
        United States government astronauts and international 
        partner astronauts to and from the ISS and serving as 
        ISS crew rescue vehicles;
          ``(2) previous budgetary assumptions used by the 
        Administration in its planning for the Commercial Crew 
        Program assumed significantly higher funding levels 
        than were authorized and appropriated by Congress;
          ``(3) credibility in the Administration's budgetary 
        estimates for the Commercial Crew Program can be 
        enhanced by an independently developed cost estimate;
          ``(4) such credibility in budgetary estimates is an 
        important factor in understanding program risk;
          ``(5) United States access to low-Earth orbit is 
        paramount to the continued success of the ISS and ISS 
        National Laboratory;
          ``(6) a stable and successful Commercial Resupply 
        Services Program and Commercial Crew Program are 
        critical to ensuring timely provisioning of the ISS and 
        to reestablishing the capability to launch United 
        States government astronauts from United States soil 
        into orbit, ending reliance upon Russian transport of 
        United States government astronauts to the ISS which 
        has not been possible since the retirement of the Space 
        Shuttle program in 2011;
          ``(7) NASA should build upon the success of the 
        Commercial Orbital Transportation Services Program and 
        Commercial Resupply Services Program that have allowed 
        private sector companies to partner with NASA to 
        deliver cargo and scientific experiments to the ISS 
        since 2012;
          ``(8) the 21st Century Launch Complex Program has 
        enabled significant modernization and infrastructure 
        improvements at launch sites across the United States 
        to support NASA's Commercial Resupply Services Program 
        and other civil and commercial space flight missions; 
        and
          ``(9) the 21st Century Launch Complex Program should 
        be continued in a manner that leverages State and 
        private investments to achieve the goals of that 
        program.
    ``(c) Reaffirmation.--Congress reaffirms--
          ``(1) its commitment to the use of a commercially 
        developed, private sector launch and delivery system to 
        the ISS for crew missions as expressed in the National 
        Aeronautics and Space Administration Authorization Act 
        of 2005 (Public Law 109-155; 119 Stat. 2895) [see 
        Tables for classification], the National Aeronautics 
        and Space Administration Authorization Act of 2008 
        (Public Law 110-422; 122 Stat. 4779) [see Tables for 
        classification], and the National Aeronautics and Space 
        Administration Authorization Act of 2010 (42 U.S.C. 
        18301 et seq.); and
          ``(2) the requirement under section 50111(b)(1)(A) of 
        title 51, United States Code, that the Administration 
        shall make use of United States commercially provided 
        ISS crew transfer and crew rescue services to the 
        maximum extent practicable.
    ``(d) Use of Non-United States Human Space Flight 
Transportation Capabilities.--[Amended section 18311 of Title 
42.]
    ``(e) Commercial Crew Program.--
          ``(1) Objective.--The objective of the Commercial 
        Crew Program shall be to assist in the development and 
        certification of commercially provided transportation 
        that--
                  ``(A) can carry United States government 
                astronauts safely, reliably, and affordably to 
                and from the ISS;
                  ``(B) can serve as a crew rescue vehicle; and
                  ``(C) can accomplish subparagraphs (A) and 
                (B) as soon as practicable.
          ``(2) Primary consideration.--The objective described 
        in paragraph (1) shall be the primary consideration in 
        the acquisition strategy for the Commercial Crew 
        Program.
          ``(3) Safety.--
                  ``(A) In general.--The Administrator shall 
                protect the safety of government astronauts by 
                ensuring that each commercially provided 
                transportation system under this subsection 
                meets all applicable human rating requirements 
                in accordance with section 403(b)(1) of the 
                National Aeronautics and Space Administration 
                Authorization Act of 2010 (42 U.S.C. 
                18342(b)(1)).
                  ``(B) Lessons learned.--Consistent with the 
                findings and recommendations of the Columbia 
                Accident Investigation Board, the 
                Administration shall ensure that safety and the 
                minimization of the probability of loss of crew 
                are the critical priorities of the Commercial 
                Crew Program.
          ``(4) Cost minimization.--The Administrator shall 
        strive through the competitive selection process to 
        minimize the life cycle cost to the Administration 
        through the planned period of commercially provided 
        crew transportation services.
    ``(f) Commercial Cargo Program.--[Amended section 18341 of 
Title 42.]
    ``(g) Competition.--It is the policy of the United States 
that, to foster the competitive development, operation, 
improvement, and commercial availability of space 
transportation services, and to minimize the life cycle cost to 
the Administration, the Administrator shall procure services 
for Federal Government access to and return from the ISS, 
whenever practicable, via fair and open competition for well-
defined, milestone-based, Federal Acquisition Regulation-based 
contracts under section 201(a) of the National Aeronautics and 
Space Administration Authorization Act of 2010 (42 U.S.C. 
18311(a)).
    ``(h) Transparency.--
          ``(1) Sense of congress.--It is the sense of Congress 
        that cost transparency and schedule transparency aid in 
        effective program management and risk assessment.
          ``(2) In general.--The Administrator shall, to the 
        greatest extent practicable and in a manner that does 
        not add costs or schedule delays to the program, ensure 
        all Commercial Crew Program and Commercial Resupply 
        Services Program providers provide evidence-based 
        support for their costs and schedules.
    ``(i) ISS Cargo Resupply Services Lessons Learned.--Not 
later than 120 days after the date of enactment of this Act 
[Mar. 21, 2017], the Administrator shall submit to the 
appropriate committees of Congress a report that--
          ``(1) identifies the lessons learned to date from 
        previous and existing Commercial Resupply Services 
        contracts;
          ``(2) indicates whether changes are needed to the 
        manner in which the Administration procures and manages 
        similar services prior to the issuance of future 
        Commercial Resupply Services procurement opportunities; 
        and
          ``(3) identifies any lessons learned from the 
        Commercial Resupply Services contracts that should be 
        applied to the procurement and management of 
        commercially provided crew transfer services to and 
        from the ISS or to other future procurements.

``SEC. 303. ISS TRANSITION PLAN.

    ``(a) Findings.--Congress finds that--
          ``(1) NASA has been both the primary supplier and 
        consumer of human space flight capabilities and 
        services of the ISS and in low-Earth orbit; and
          ``(2) according to the National Research Council 
        report `Pathways to Exploration: Rationales and 
        Approaches for a U.S. Program of Human Space 
        Exploration' extending ISS beyond 2020 to 2024 or 2028 
        will have significant negative impacts on the schedule 
        of crewed missions to Mars, without significant 
        increases in funding.
    ``(b) Sense of Congress.--It is the sense of Congress 
that--
          ``(1) an orderly transition for United States human 
        space flight activities in low-Earth orbit from the 
        current regime, that relies heavily on NASA 
        sponsorship, to a regime where NASA is one of many 
        customers of a low-Earth orbit commercial human space 
        flight enterprise may be necessary; and
          ``(2) decisions about the long-term future of the ISS 
        impact the ability to conduct future deep space 
        exploration activities, and that such decisions 
        regarding the ISS should be considered in the context 
        of the human exploration roadmap under section 432 of 
        this Act [set out in a note under section 20302 of this 
        title].
    ``(c) Reports.--[Amended this section.]''
    [For definitions of terms used in sections 301 to 303 of 
Pub. L. 115-10, set out above, see section 2 of Pub. L. 115-10, 
set out as a note under section 10101 of this title.]

Sec. 50112. Promotion of United States Global Positioning System 
                    standards

    In order to support and sustain the Global Positioning 
System in a manner that will most effectively contribute to the 
national security, public safety, scientific, and economic 
interests of the United States, Congress encourages the 
President to--
          (1) ensure the operation of the Global Positioning 
        System on a continuous worldwide basis free of direct 
        user fees;
          (2) enter into international agreements that promote 
        cooperation with foreign governments and international 
        organizations to--
                  (A) establish the Global Positioning System 
                and its augmentations as an acceptable 
                international standard; and
                  (B) eliminate any foreign barriers to 
                applications of the Global Positioning System 
                worldwide; and
          (3) provide clear direction and adequate resources to 
        the Assistant Secretary of Commerce for Communications 
        and Information so that on an international basis the 
        Assistant Secretary can--
                  (A) achieve and sustain efficient management 
                of the electromagnetic spectrum used by the 
                Global Positioning System; and
                  (B) protect that spectrum from disruption and 
                interference.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3397.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50112................................  42 U.S.C. 14712(b).                Pub. L. 105-303, title I, Sec.
                                                                           104(b), Oct. 28, 1998, 112 Stat.
                                                                           2852.
----------------------------------------------------------------------------------------------------------------

                                FINDING

    Pub. L. 105-303, title I, Sec. 104(a), Oct. 28, 1998, 112 
Stat. 2852, provided that: ``The Congress finds that the Global 
Positioning System, including satellites, signal equipment, 
ground stations, data links, and associated command and control 
facilities, has become an essential element in civil, 
scientific, and military space development because of the 
emergence of a United States commercial industry which provides 
Global Positioning System equipment and related services.''

Sec. 50113. Acquisition of space science data

    (a) Definition of Space Science Data.--In this section, the 
term ``space science data'' includes scientific data 
concerning--
          (1) the elemental and mineralogical resources of the 
        moon, asteroids, planets and their moons, and comets;
          (2) microgravity acceleration; and(3) solar storm 
        monitoring.
    (b) Acquisition From Commercial Providers.--The 
Administrator shall, to the extent possible and while 
satisfying the scientific or educational requirements of the 
Administration, and where appropriate, of other Federal 
agencies and scientific researchers, acquire, where cost 
effective, space science data from a commercial provider.
    (c) Treatment of Space Science Data as Commercial Item 
Under Acquisition Laws.--Acquisitions of space science data by 
the Administrator shall be carried out in accordance with 
applicable acquisition laws and regulations (including chapters 
137 and 140 of title 10). For purposes of such law and 
regulations, space science data shall be considered to be a 
commercial item. Nothing in this subsection shall be construed 
to preclude the United States from acquiring, through contracts 
with commercial providers, sufficient rights in data to meet 
the needs of the scientific and educational community or the 
needs of other government activities.
    (d) Safety Standards.--Nothing in this section shall be 
construed to prohibit the Federal Government from requiring 
compliance with applicable safety standards.
    (e) Limitation.--This section does not authorize the 
Administration to provide financial assistance for the 
development of commercial systems for the collection of space 
science data.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3397; Pub. 
L. 115-232, div. A, title VIII, Sec. 836(g)(10)(A), Aug. 13, 
2018, 132 Stat. 1874.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50113................................  42 U.S.C. 14713.                   Pub. L. 105-303, title I, Sec.  105,
                                                                           Oct. 28, 1998, 112 Stat. 2852.
----------------------------------------------------------------------------------------------------------------

                      AMENDMENT OF SUBSECTION (C)

    Pub. L. 115-232, div. A, title VIII, Sec. 836(g)(10)(A), 
(h), Aug. 13, 2018, 132 Stat. 1874, provided that, effective 
Jan. 1, 2020, subject to a savings provision, subsection (c) of 
this section is amended as follows:
    (1) in heading, by striking ``Commercial Item'' and 
inserting ``Commercial Product or Commercial Service''; and
    (2) by striking ``commercial item'' in the second sentence 
and inserting ``commercial product or commercial service''.
    See 2018 Amendment note below.

                               AMENDMENTS

    2018--Subsec. (c). Pub. L. 115-232 substituted ``Commercial 
Product or Commercial Service'' for ``Commercial Item'' , in 
heading and ``commercial product or commercial service'' for 
``commercial item'' in text.

                    EFFECTIVE DATE OF 2018 AMENDMENT

    Amendment by Pub. L. 115-232 effective Jan. 1, 2020, 
subject to a savings provision, see section 836(h) of Pub. L. 
115-232, set out as an Effective Date of 2018 Amendment; 
Savings Provision note under section 453b of Title 6, Domestic 
Security.

Sec. 50114. Administration of commercial space centers

    The Administrator shall administer the Commercial Space 
Center program in a coordinated manner from Administration 
headquarters in Washington, D.C.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3398.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50114................................  42 U.S.C. 14714.                   Pub. L. 105-303, title I, Sec.  106,
                                                                           Oct. 28, 1998, 112 Stat. 2853.
----------------------------------------------------------------------------------------------------------------

Sec. 50115. Sources of Earth science data

    (a) Acquisition.--The Administrator shall, to the extent 
possible and while satisfying the scientific or educational 
requirements of the Administration, and where appropriate, of 
other Federal agencies and scientific researchers, acquire, 
where cost-effective, space-based and airborne Earth remote 
sensing data, services, distribution, and applications from a 
commercial provider.
    (b) Treatment as Commercial Item Under Acquisition Laws.--
Acquisitions by the Administrator of the data, services, 
distribution, and applications referred to in subsection (a) 
shall be carried out in accordance with applicable acquisition 
laws and regulations (including chapters 137 and 140 of title 
10). For purposes of such law and regulations, such data, 
services, distribution, and applications shall be considered to 
be a commercial item. Nothing in this subsection shall be 
construed to preclude the United States from acquiring, through 
contracts with commercial providers, sufficient rights in data 
to meet the needs of the scientific and educational community 
or the needs of other government activities.
    (c) Safety Standards.--Nothing in this section shall be 
construed to prohibit the Federal Government from requiring 
compliance with applicable safety standards.
    (d) Administration and Execution.--This section shall be 
carried out as part of the Commercial Remote Sensing Program at 
the Stennis Space Center.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3398; Pub. 
L. 115-232, div. A, title VIII, Sec. 836(g)(10)(B), Aug. 13, 
2018, 132 Stat. 1874.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50115(a).............................  42 U.S.C. 14715(a).                Pub. L. 105-303, title I, Sec.
                                                                           107(a), (b), (d), (e), Oct. 28, 1998,
                                                                           112 Stat. 2853, 2854.
50115(c).............................  42 U.S.C. 14715(d).
50115(d).............................  42 U.S.C. 14715(e).
----------------------------------------------------------------------------------------------------------------

                      AMENDMENT OF SUBSECTION (B)

    Pub. L. 115-232, div. A, title VIII, Sec. 836(g)(10)(B), 
(h), Aug. 13, 2018, 132 Stat. 1874, provided that, effective 
Jan. 1, 2020, subject to a savings provision, subsection (b) of 
this section is amended as follows:
    (1) in heading, by striking ``Commercial Item'' and 
inserting ``Commercial Product or Commercial Service''; and
    (2) by striking ``commercial item'' in the second sentence 
and inserting ``commercial product or commercial service''.
    See 2018 Amendment note below.

                               AMENDMENTS

    2018--Subsec. (b). Pub. L. 115-232, in heading, substituted 
``Commercial Product or Commercial Service'' for ``Commercial 
Item'' and, in text, substituted ``commercial product or 
commercial service'' for ``commercial item''.

                    EFFECTIVE DATE OF 2018 AMENDMENT

    Amendment by Pub. L. 115-232 effective Jan. 1, 2020, 
subject to a savings provision, see section 836(h) of Pub. L. 
115-232, set out as an Effective Date of 2018 Amendment; 
Savings Provision note under section 453b of Title 6, Domestic 
Security.

Sec. 50116. Commercial technology transfer program

    (a) In General.--The Administrator shall execute a 
commercial technology transfer program with the goal of 
facilitating the exchange of services, products, and 
intellectual property between the Administration and the 
private sector. This program shall place at least as much 
emphasis on encouraging the transfer of Administration 
technology to the private sector (``spinning out'') as on 
encouraging use of private sector technology by the 
Administration. This program shall be maintained in a manner 
that provides clear benefits for the Administration, the 
domestic economy, and the research community, while protecting 
national security.
    (b) Program Structure.--In carrying out the program 
described in subsection (a), the Administrator shall provide 
program participants with at least 45 days notice of any 
proposed changes to the structure of the Administration's 
technology transfer and commercialization organizations that is 
in effect as of December 30, 2005.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3399; Pub. 
L. 115-10, title VIII, Sec. 829, Mar. 21, 2017, 131 Stat. 66.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50116................................  42 U.S.C. 16811.                   Pub. L. 105-155, title VI, Sec.  621,
                                                                           Dec. 30, 2005, 119 Stat. 2935.
----------------------------------------------------------------------------------------------------------------

    This section restates provisions originally enacted as part 
of the National Aeronautics and Space Administration 
Authorization Act of 2005 (Public Law 109-155, 119 Stat. 2895), 
and not as part of the Commercial Space Act of 1998 (Public Law 
105-303, 112 Stat. 2843), which is generally restated in this 
chapter.
    In subsection (a), in the last sentence, the word 
``Administration'' is substituted for ``agency'' for clarity 
and because of the definition of ``Administration'' added by 
section 10101 of title 51.
    In subsection (b), the date ``December 30, 2005'' is 
substituted for ``the date of enactment of this Act'' to 
reflect the date of enactment of the National Aeronautics and 
Space Administration Authorization Act of 2005 (Public Law 109-
155, 119 Stat. 2895).

                               AMENDMENTS

    2017--Subsec. (a). Pub. L. 115-10 inserted ``, while 
protecting national security'' after ``research community''.

  Subchapter III--Federal Acquisition of Space Transportation Services

Sec. 50131. Requirement to procure commercial space transportation 
                    services

    (a) In General.--Except as otherwise provided in this 
section or in section 70102, the Federal Government shall 
acquire space transportation services from United States 
commercial providers whenever such services are required in the 
course of its activities. To the maximum extent practicable, 
the Federal Government shall plan missions to accommodate the 
space transportation services capabilities of United States 
commercial providers.
    (b) Exceptions.--The Federal Government shall not be 
required to acquire space transportation services under 
subsection (a) if, on a case-by-case basis, the Administrator 
or, in the case of a national security issue, the Secretary of 
the Air Force, determines that--
          (1) a payload requires the unique capabilities of the 
        space shuttle;
          (2) cost effective space transportation services that 
        meet specific mission requirements would not be 
        reasonably available from United States commercial 
        providers when required;
          (3) the use of space transportation services from 
        United States commercial providers poses an 
        unacceptable risk of loss of a unique scientific 
        opportunity;
          (4) the use of space transportation services from 
        United States commercial providers is inconsistent with 
        national security objectives;
          (5) the use of space transportation services from 
        United States commercial providers is inconsistent with 
        international agreements for international 
        collaborative efforts relating to science and 
        technology;
          (6) it is more cost effective to transport a payload 
        in conjunction with a test or demonstration of a space 
        transportation vehicle owned by the Federal Government; 
        or
          (7) a payload can make use of the available cargo 
        space on a space shuttle mission as a secondary 
        payload, and such payload is consistent with the 
        requirements of research, development, demonstration, 
        scientific, commercial, and educational programs 
        authorized by the Administrator.
    (c) Agreements With Foreign Entities.--Nothing in this 
section shall prevent the Administrator from planning or 
negotiating agreements with foreign entities for the launch of 
Federal Government payloads for international collaborative 
efforts relating to science and technology.
    (d) Delayed Effect.--Subsection (a) shall not apply to 
space transportation services and space transportation vehicles 
acquired or owned by the Federal Government before October 28, 
1998, or with respect to which a contract for such acquisition 
or ownership has been entered into before October 28, 1998.
    (e) Historical Purposes.--This section shall not be 
construed to prohibit the Federal Government from acquiring, 
owning, or maintaining space transportation vehicles solely for 
historical display purposes.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3399; Pub. 
L. 114-90, title I, Sec. 117(b)(3), Nov. 25, 2015, 129 Stat. 
718.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50131(a).............................  42 U.S.C. 14731(a).                Pub. L. 105-303, title II, Sec.  201,
                                                                           Oct. 28, 1998, 112 Stat. 2854.
50131(b).............................  42 U.S.C. 14731(b) (less last
                                        sentence).
50131(c).............................  42 U.S.C. 14731(b) (last
                                        sentence).
50131(d).............................  42 U.S.C. 14731(c).
50131(e).............................  42 U.S.C. 14731(d).
----------------------------------------------------------------------------------------------------------------

    In subsection (d), the date ``October 28, 1998'' is 
substituted for ``the date of the enactment of this Act'' and 
for ``such date'' to reflect the date of enactment of the 
Commercial Space Act of 1998 (Public Law 105-303, 112 Stat. 
2843).

                               AMENDMENTS

    2015--Subsec. (a). Pub. L. 114-90 inserted ``or in section 
70102'' after ``in this section''.

                 NASA LAUNCH CAPABILITIES COLLABORATION

    Pub. L. 115-10, title VIII, Sec. 822, Mar. 21, 2017, 131 
Stat. 61, provided that:
    ``(a) Findings.--Congress makes the following findings:
          ``(1) The Launch Services Program is responsible for 
        the acquisition, management, and technical oversight of 
        commercial launch services for NASA's [National 
        Aeronautics and Space Administration's] science and 
        robotic missions.
          ``(2) The Commercial Crew Program is responsible for 
        the acquisition, management, and technical oversight of 
        commercial crew transportation systems.
          ``(3) The Launch Services Program and Commercial Crew 
        Program have worked together to gain exceptional 
        technical insight into the contracted launch service 
        providers that are common to both programs.
          ``(4) The Launch Services Program has a long history 
        of oversight of 12 different launch vehicles and over 
        80 launches.
          ``(5) Co-location of the Launch Services Program and 
        Commercial Crew Program has enabled the Commercial Crew 
        Program to efficiently obtain the launch vehicle 
        technical expertise of and provide engineering and 
        analytical support to the Commercial Crew Program.
    ``(b) Sense of Congress.--It is the sense of Congress 
that--
          ``(1) the Launch Services Program and Commercial Crew 
        Program each benefit from communication and 
        coordination of launch manifests, technical 
        information, and common launch vehicle insight between 
        the programs; and
          ``(2) such communication and coordination is enabled 
        by the co-location of the programs.
    ``(c) In General.--The Administrator [of the National 
Aeronautics and Space Administration] shall pursue a strategy 
for acquisition of crewed transportation services and non-
crewed launch services that continues to enhance communication, 
collaboration, and coordination between the Launch Services 
Program and the Commercial Crew Program.''

 LEVERAGING COMMERCIAL SATELLITE SERVICING CAPABILITIES ACROSS MISSION 
                              DIRECTORATES

    Pub. L. 115-10, title VIII, Sec. 825, Mar. 21, 2017, 131 
Stat. 65, provided that:
    ``(a) Findings.--Congress makes the following findings:
          ``(1) Refueling and relocating aging satellites to 
        extend their operational lifetimes is a capacity that 
        NASA [National Aeronautics and Space Administration] 
        will substantially benefit from and is important for 
        lowering the costs of ongoing scientific, national 
        security, and commercial satellite operations.
          ``(2) The technologies involved in satellite 
        servicing, such as dexterous robotic arms, propellant 
        transfer systems, and solar electric propulsion, are 
        all critical capabilities to support a human 
        exploration mission to Mars.
    ``(b) Sense of Congress.--It is the sense of Congress 
that--
          ``(1) satellite servicing is a vital capability that 
        will bolster the capacity and affordability of NASA's 
        ongoing scientific and human exploration operations 
        while simultaneously enhancing the ability of domestic 
        companies to compete in the global marketplace; and
          ``(2) future NASA satellites and spacecraft across 
        mission directorates should be constructed in a manner 
        that allows for servicing in order to maximize 
        operational longevity and affordability.
    ``(c) Leveraging of Capabilities.--The Administrator [of 
the National Aeronautics and Space administration] shall--
          ``(1) identify orbital assets in both the Science 
        Mission Directorate and the Human Exploration and 
        Operations Mission Directorate that could benefit from 
        satellite servicing-related technologies; and
          ``(2) work across all NASA mission directorates to 
        evaluate opportunities for the private sector to 
        perform such services or advance technical capabilities 
        by leveraging the technologies and techniques developed 
        by NASA programs and other industry programs.''

Sec. 50132. Acquisition of commercial space transportation services

    (a) Treatment of Commercial Space Transportation Services 
as Commercial Item Under Acquisition Laws.--Acquisitions of 
space transportation services by the Federal Government shall 
be carried out in accordance with applicable acquisition laws 
and regulations (including chapters 137 and 140 of title 10). 
For purposes of such law and regulations, space transportation 
services shall be considered to be a commercial item.
    (b) Safety Standards.--Nothing in this section shall be 
construed to prohibit the Federal Government from requiring 
compliance with applicable safety standards.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3400; Pub. 
L. 115-232, div. A, title VIII, Sec. 836(g)(10)(C), Aug. 13, 
2018, 132 Stat. 1874.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50132................................  42 U.S.C. 14732.                   Pub. L. 105-303, title II, Sec.  202,
                                                                           Oct. 28, 1998, 112 Stat. 2855.
----------------------------------------------------------------------------------------------------------------

                      AMENDMENT OF SUBSECTION (A)

    Pub. L. 115-232, div. A, title VIII, Sec. 836(g)(10)(C), 
(h), Aug. 13, 2018, 132 Stat. 1874, provided that, effective 
Jan. 1, 2020, subject to a savings provision, subsection (a) of 
this section is amended as follows:
    (1) in heading, by striking ``Commercial Item'' and 
inserting ``Commercial Service''; and
    (2) by striking ``commercial item'' in the second sentence 
and inserting ``commercial service''.
    See 2018 Amendment note below.

                               AMENDMENTS

    2018--Subsec. (a). Pub. L. 115-232 substituted ``Commercial 
Service'' for ``Commercial Item'' in heading and ``commercial 
service'' for ``commercial item'' in text.

                    EFFECTIVE DATE OF 2018 AMENDMENT

    Amendment by Pub. L. 115-232 effective Jan. 1, 2020, 
subject to a savings provision, see section 836(h) of Pub. L. 
115-232, set out as an Effective Date of 2018 Amendment; 
Savings Provision note under section 453b of Title 6, Domestic 
Security.

[Sec. 50133. Repealed. Pub. L. 115-10, title IV, Sec. 416(c), Mar. 21, 
                    2017, 131 Stat. 35]

    Section, Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 
3400, related to shuttle privatization.

Sec. 50134. Use of excess intercontinental ballistic missiles

    (a) In General.--The Federal Government shall not--
          (1) convert any missile described in subsection (c) 
        to a space transportation vehicle configuration; or
          (2) transfer ownership of any such missile to another 
        person, except as provided in subsection(b).
    (b) Authorized Federal Uses.--
          (1) In general.--A missile described in subsection 
        (c) may be converted for use as a space transportation 
        vehicle by the Federal Government if, except as 
        provided in paragraph (2) and at least 30 days before 
        such conversion, the agency seeking to use the missile 
        as a space transportation vehicle transmits to the 
        Committee on Armed Services and the Committee on 
        Science and Technology of the House of Representatives, 
        and to the Committee on Armed Services and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate, a certification that the use of such 
        missile--
                  (A) would result in cost savings to the 
                Federal Government when compared to the cost of 
                acquiring space transportation services from 
                United States commercial providers;
                  (B) meets all mission requirements of the 
                agency, including performance, schedule, and 
                risk requirements;
                  (C) is consistent with international 
                obligations of the United States; and
                  (D) is approved by the Secretary of Defense 
                or the designee of the Secretary of Defense.
          (2) Exception to requirement that certification be 
        transmitted 30 days before conversion.--The requirement 
        under paragraph (1) that the certification described in 
        that paragraph must be transmitted at least 30 days 
        before conversion of the missile shall not apply if the 
        Secretary of Defense determines that compliance with 
        that requirement would be inconsistent with meeting 
        immediate national security requirements.
    (c) Missiles Referred to.--The missiles referred to in this 
section are missiles owned by the United States that--
          (1) were formerly used by the Department of Defense 
        for national defense purposes as intercontinental 
        ballistic missiles; and
          (2) have been declared excess to United States 
        national defense needs and are in compliance with 
        international obligations of the United States.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3400.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50134................................  42 U.S.C. 14734.                   Pub. L. 105-303, title II, Sec.  205,
                                                                           Oct. 28, 1998, 112 Stat. 2857; Pub.
                                                                           L., 106-65, div. A, title X, Sec.
                                                                           1067(21), Oct. 5, 1999, 113 Stat.
                                                                           775.
----------------------------------------------------------------------------------------------------------------

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

                             CHANGE OF NAME

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

        CHAPTER 503--COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION

Sec.
50301. Definitions.
50302. Loan guarantees for production of commercial reusable in-space 
          transportation.

Sec. 50301. Definitions

    In this chapter:
          (1) Commercial provider.--The term ``commercial 
        provider'' means any person or entity providing 
        commercial reusable in-orbit space transportation 
        services or systems, primary control of which is held 
        by persons other than the Federal Government, a State 
        or local government, or a foreign government.
          (2) In-space transportation services.--The term ``in-
        space transportation services'' means operations and 
        activities involved in the direct transportation or 
        attempted transportation of a payload or object from 
        one orbit to another by means of an in-space 
        transportation vehicle.
          (3) In-space transportation system.--The term ``in-
        space transportation system'' means the space and 
        ground elements, including in-space transportation 
        vehicles and support space systems, and ground 
        administration and control facilities and associated 
        equipment, necessary for the provision of in-space 
        transportation services.
          (4) In-space transportation vehicle.--The term ``in-
        space transportation vehicle'' means a vehicle 
        designed--
                  (A) to be based and operated in space;
                  (B) to transport various payloads or objects 
                from one orbit to another orbit; and
                  (C) to be reusable and refueled in space.
          (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Defense.
          (6) United States commercial provider.--The term 
        ``United States commercial provider'' means any 
        commercial provider organized under the laws of the 
        United States that is more than 50 percent owned by 
        United States nationals.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3401.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50301................................  42 U.S.C. 14753.                   Pub. L. 107-248, title IX, Sec.  904,
                                                                           Oct. 23, 2002, 116 Stat. 1576.
----------------------------------------------------------------------------------------------------------------

                                FINDINGS

    Pub. L. 107-248, title IX, Sec. 902, Oct. 23, 2002, 116 
Stat. 1573, provided that: ``Congress makes the following 
findings:
          ``(1) It is in the national interest to encourage the 
        production of cost-effective, in-space transportation 
        systems, which would be built and operated by the 
        private sector on a commercial basis.
          ``(2) The use of reusable in-space transportation 
        systems will enhance performance levels of in-space 
        operations, enhance efficient and safe disposal of 
        satellites at the end of their useful lives, and 
        increase the capability and reliability of existing 
        ground-to-space launch vehicles.
          ``(3) Commercial reusable in-space transportation 
        systems will enhance the economic well-being and 
        national security of the United States by reducing 
        space operations costs for commercial and national 
        space programs and by adding new space capabilities to 
        space operations.
          ``(4) Commercial reusable in-space transportation 
        systems will provide new cost-effective space 
        capabilities (including orbital transfers from low 
        altitude orbits to high altitude orbits and return, the 
        correction of erroneous satellite orbits, and the 
        recovery, refurbishment, and refueling of satellites) 
        and the provision of upper stage functions to increase 
        ground-to-orbit launch vehicle payloads to 
        geostationary and other high energy orbits.
          ``(5) Commercial reusable in-space transportation 
        systems can enhance and enable the space exploration of 
        the United States by providing lower cost trajectory 
        injection from earth orbit, transit trajectory control, 
        and planet arrival deceleration to support potential 
        National Aeronautics and Space Administration missions 
        to Mars, Pluto, and other planets.
          ``(6) Satellites stranded in erroneous earth orbit 
        due to deficiencies in their launch represent 
        substantial economic loss to the United States and 
        present substantial concerns for the current backlog of 
        national space assets.
          ``(7) Commercial reusable in-space transportation 
        systems can provide new options for alternative 
        planning approaches and risk management to enhance the 
        mission assurance of national space assets.
          ``(8) Commercial reusable in-space transportation 
        systems developed by the private sector can provide in-
        space transportation services to the National 
        Aeronautics and Space Administration, the Department of 
        Defense, the National Reconnaissance Office, and other 
        agencies without the need for the United States to bear 
        the cost of production of such systems.
          ``(9) The availability of loan guarantees, with the 
        cost of credit risk to the United States paid by the 
        private-sector, is an effective means by which the 
        United States can help qualifying private-sector 
        companies secure otherwise unattainable private 
        financing for the production of commercial reusable in-
        space transportation systems, while at the same time 
        minimizing Government commitment and involvement in the 
        development of such systems.''

Sec. 50302. Loan guarantees for production of commercial reusable in-
                    space transportation

    (a) Authority To Make Loan Guarantees.--The Secretary may 
guarantee loans made to eligible United States commercial 
providers for purposes of producing commercial reusable in-
space transportation services or systems.
    (b) Eligible United States Commercial Providers.--The 
Secretary shall prescribe requirements for the eligibility of 
United States commercial providers for loan guarantees under 
this section. Such requirements shall ensure that eligible 
providers are financially capable of undertaking a loan 
guaranteed under this section.
    (c) Limitation on Loans Guaranteed.--The Secretary may not 
guarantee a loan for a United States commercial provider under 
this section unless the Secretary determines that credit would 
not otherwise be reasonably available at the time of the 
guarantee for the commercial reusable in-space transportation 
service or system to be produced utilizing the proceeds of the 
loan.
    (d) Credit Subsidy.--
          (1) Collection required.--The Secretary shall collect 
        from each United States commercial provider receiving a 
        loan guarantee under this section an amount equal to 
        the amount, as determined by the Secretary, to cover 
        the cost, as defined in section 502(5) of the Federal 
        Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of the 
        loan guarantee.
          (2) Periodic disbursements.--In the case of a loan 
        guarantee in which proceeds of the loan are disbursed 
        over time, the Secretary shall collect the amount 
        required under this subsection on a pro rata basis, as 
        determined by the Secretary, at the time of each 
        disbursement.
    (e) Other Terms and Conditions.--
          (1) Prohibition on subordination.--A loan guaranteed 
        under this section may not be subordinated to another 
        debt contracted by the United States commercial 
        provider concerned, or to any other claims against such 
        provider.
          (2) Restriction on income.--A loan guaranteed under 
        this section may not--
                  (A) provide income which is excluded from 
                gross income for purposes of chapter 1 of the 
                Internal Revenue Code of 1986 (26 U.S.C. 1 et 
                seq.); or
                  (B) provide significant collateral or 
                security, as determined by the Secretary, for 
                other obligations the income from which is so 
                excluded.
          (3) Treatment of guarantee.--The guarantee of a loan 
        under this section shall be conclusive evidence of the 
        following:
                  (A) That the guarantee has been properly 
                obtained.
                  (B) That the loan qualifies for the 
                guarantee.
                  (C) That, but for fraud or material 
                misrepresentation by the holder of the loan, 
                the guarantees valid, legal, and enforceable.
          (4) Other terms and conditions.--The Secretary may 
        establish any other terms and conditions for a 
        guarantee of a loan under this section as the Secretary 
        considers appropriate to protect the financial 
        interests of the United States.
    (f) Enforcement of Rights.--
          (1) In general.--The Attorney General may take any 
        action the Attorney General considers appropriate to 
        enforce any right accruing to the United States under a 
        loan guarantee under this section.
          (2) Forbearance.--The Attorney General may, with the 
        approval of the parties concerned, forbear from 
        enforcing any right of the United States under a loan 
        guaranteed under this section for the benefit of a 
        United States commercial provider if such forbearance 
        will not result in any cost, as defined in section 
        502(5) of the Federal Credit Reform Act of 1990 (2 
        U.S.C. 661a(5)), to the United States.
          (3) Utilization of property.--Notwithstanding any 
        other provision of law and subject to the terms of a 
        loan guaranteed under this section, upon the default of 
        a United States commercial provider under the loan, the 
        Secretary may, at the election of the Secretary--
                  (A) assume control of the physical asset 
                financed by the loan; and
                  (B) complete, recondition, reconstruct, 
                renovate, repair, maintain, operate, or sell 
                the physical asset.
    (g) Credit Instruments.--
          (1) Authority to issue instruments.--Notwithstanding 
        any other provision of law, the Secretary may, subject 
        to such terms and conditions as the Secretary considers 
        appropriate, issue credit instruments to United States 
        commercial providers of in-space transportation 
        services or systems, with the aggregate cost (as 
        determined under the provisions of the Federal Credit 
        Reform Act of 1990 (2 U.S.C. 661 et seq.)) of such 
        instruments not to exceed $1,500,000,000, but only to 
        the extent that new budget authority to cover such 
        costs is provided in subsequent appropriations Acts or 
        authority is otherwise provided in subsequent 
        appropriations Acts.
          (2) Credit subsidy.--The Secretary shall provide a 
        credit subsidy for any credit instrument issued under 
        this subsection in accordance with the provisions of 
        the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 
        seq.).
          (3) Construction.--The eligibility of a United States 
        commercial provider of in-space transportation services 
        or systems for a credit instrument under this 
        subsection is in addition to any eligibility of such 
        provider for a loan guarantee under other provisions of 
        this section.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3402.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50302................................  42 U.S.C. 14752.                   Pub. L. 107-248, title IX, Sec.  903,
                                                                           Oct. 23, 2002, 116 Stat. 1574.
----------------------------------------------------------------------------------------------------------------

    In subsection (f)(2), the word ``forbear'' is substituted 
for ``forebear'' to correct an error in the law.
    In subsection (g)(1), the words ``services or systems'' are 
substituted for ``services or system'' to correct an error in 
the law.

                           REFERENCES IN TEXT

    The Federal Credit Reform Act of 1990, referred to in 
subsec. (g)(1), (2), is title V of Pub. L. 93-344, as added by 
Pub. L. 101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 
Stat. 1388-609, which is classified generally to subchapter III 
(Sec. 661 et seq.) of chapter 17A of Title 2, The Congress. For 
complete classification of this Act to the Code, see Short 
Title note set out under section 621 of Title 2 and Tables.

             CHAPTER 505--COMMERCIAL SPACE COMPETITIVENESS

Sec.
50501.  Definitions.
50502.  Launch voucher demonstration program.
50503.  Anchor tenancy and termination liability.
50504.  Use of Government facilities.
50505.  Test facilities.
50506.  Commercial Space Achievement Award.

Sec. 50501. Definitions

    In this chapter:
          (1) Agency.--The term ``agency'' means an executive 
        agency as defined in section 105 of title 5.
          (2) Anchor tenancy.--The term ``anchor tenancy'' 
        means an arrangement in which the United States 
        Government agrees to procure sufficient quantities of a 
        commercial space product or service needed to meet 
        Government mission requirements so that a commercial 
        venture is made viable.
          (3) Commercial.--The term ``commercial'' means 
        having--
                  (A) private capital at risk; and
                  (B) primary financial and management 
                responsibility for the activity reside with the 
                private sector.
          (4) Cost effective.--The term ``cost effective'' 
        means costing no more than the available alternatives, 
        determined by a comparison of all related direct and 
        indirect costs including, in the case of Government 
        costs, applicable Government labor and overhead costs 
        as well as contractor charges, and taking into account 
        the ability of each alternative to accommodate mission 
        requirements as well as the related factors of risk, 
        reliability, schedule, and technical performance.
          (5) Launch.--The term ``launch'' means to place, or 
        attempt to place, a launch vehicle and its payload, if 
        any, in a suborbital trajectory, in Earth orbit in 
        outer space, or otherwise in outer space.
          (6) Launch services.--The term ``launch services'' 
        means activities involved in the preparation of a 
        launch vehicle and its payload for launch and the 
        conduct of a launch.
          (7) Launch support facilities.--The term ``launch 
        support facilities'' means facilities located at launch 
        sites or launch ranges that are required to support 
        launch activities, including launch vehicle assembly, 
        launch vehicle operations and control, communications, 
        flight safety functions, and payload operations, 
        control, and processing.
          (8) Launch vehicle.--The term ``launch vehicle'' 
        means any vehicle constructed for the purpose of 
        operating in or placing a payload in outer space or in 
        suborbital trajectories, and includes components of 
        that vehicle.
          (9) Payload.--The term ``payload'' means an object 
        which a person undertakes to launch, and includes 
        subcomponents of the launch vehicle specifically 
        designed or adapted for that object.
          (10) Payload integration services.--The term 
        ``payload integration services'' means activities 
        involved in integrating multiple payloads into a single 
        payload for launch or integrating a payload with a 
        launch vehicle.
          (11) Space recovery support facilities.--The term 
        ``space recovery support facilities'' means facilities 
        required to support activities related to the recovery 
        of payloads returned from space to a space recovery 
        site, including operations and control, communications, 
        flight safety functions, and payload processing.
          (12) Space transportation infrastructure.--The term 
        ``space transportation infrastructure'' means 
        facilities, associated equipment, and real property 
        (including launch sites, launch support facilities, 
        space recovery sites, and space recovery support 
        facilities) required to perform launch or space 
        recovery activities.
          (13) State.--The term ``State'' means the several 
        States, the District of Columbia, Puerto Rico, American 
        Samoa, the United States Virgin Islands, Guam, the 
        Northern Mariana Islands, and any other commonwealth, 
        territory, or possession of the United States.
          (14) United States.--The term ``United States'' means 
        the States, collectively.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3404.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50501................................  15 U.S.C. 5802.                    Pub. L. 102-588, title V, Sec.  502,
                                                                           Nov. 4, 1992, 106 Stat. 5123.
----------------------------------------------------------------------------------------------------------------

                                FINDINGS

    Pub. L. 102-588, title V, Sec. 501, Nov. 4, 1992, 106 Stat. 
5122, provided that: ``The Congress finds that--
          ``(1) commercial activities of the private sector 
        have substantially contributed to the strength of both 
        the United States space program and the national 
        economy;
          ``(2) a robust United States space transportation 
        capability remains a vital cornerstone of the United 
        States space program;
          ``(3) the availability of commercial launch services 
        is essential for the continued growth of the United 
        States commercial space sector;
          ``(4) a timely extension of the excess third party 
        claims payment provisions of the Commercial Space 
        Launch Act [now 51 U.S.C. 50901 et seq.] is appropriate 
        and necessary to enable the private sector to continue 
        covering maximum probable liability risks while 
        protecting the private sector from uninsurable levels 
        of liability which could hinder international 
        competitiveness;
          ``(5) a program to demonstrate how recipients of 
        Federal grants can purchase launch services directly 
        from the private sector has the potential to improve 
        the capabilities of the United States commercial launch 
        industry;
          ``(6) improvements and additions to the Nation's 
        space transportation infrastructure contribute to a 
        robust and cost effective space transportation 
        capability for both public sector and private sector 
        users;
          ``(7) private sector use of available Government 
        facilities on a reimbursable basis contributes to a 
        stronger commercial space sector;
          ``(8) the Federal Government should purchase space 
        goods and services which are commercially available, or 
        could be made available commercially in response to a 
        Government procurement request, whenever such goods or 
        services meet Government mission requirements in a cost 
        effective manner;
          ``(9) it is appropriate for the Government to act as 
        an anchor tenant for commercial space development 
        projects which have a reasonable potential to develop 
        non-Federal markets and which meet Federal needs in a 
        cost effective manner; and
          ``(10) the provision of compensation to commercial 
        providers of space goods and services for termination 
        of contracts at the convenience of the Government 
        assists in enabling the private sector to invest in 
        space activities which are initially dependent on 
        Government purchases.''
    [For definition of terms used in section 501 of Pub. L. 
102-588, set out above, see section 502 of Pub. L. 102-588, 
title V, Nov. 4, 1992, 106 Stat. 5123, which was classified to 
former section 5802 of Title 15, Commerce and Trade, and was 
repealed and reenacted as this section by Pub. L. 111-314, 
Sec. Sec. 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444.]

Sec. 50502. Launch voucher demonstration program

    (a) Requirement To Establish Program.--The Administrator 
shall establish a demonstration program to award vouchers for 
the payment of commercial launch services and payload 
integration services for the purpose of launching payloads 
funded by the Administration.
    (b) Award of Vouchers.--The Administrator shall award 
vouchers under subsection (a) to appropriate individuals as a 
part of grants administered by the Administration for the 
launch of--(1) payloads to be placed in suborbital 
trajectories; and (2) small payloads to be placed in orbit.
    (c) Assistance.--The Administrator may provide voucher 
award recipients with such assistance (including contract 
formulation and technical support during the proposal 
evaluation) as may be necessary to ensure the purchase of cost 
effective and reasonably reliable commercial launch services 
and payload integration services.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3405.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50502................................  15 U.S.C. 5803(a)-(c).             Pub. L. 102-588, title V, Sec.  504(a)-
                                                                           (c), Nov. 4, 1992, 106 Stat. 5124;
                                                                           Pub. L. 105-303, title I, Sec.  103,
                                                                           Oct. 28, 1998, 112 Stat. 2851.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``to become effective October 
1, 1993'', which appeared at the end, are omitted as obsolete.

Sec. 50503. Anchor tenancy and termination liability

    (a) Anchor Tenancy Contracts.--Subject to appropriations, 
the Administrator or the Administrator of the National Oceanic 
and Atmospheric Administration may enter into multiyear anchor 
tenancy contracts for the purchase of a good or service if the 
appropriate Administrator determines that--
          (1) the good or service meets the mission 
        requirements of the Administration or the National 
        Oceanic and Atmospheric Administration, as appropriate;
          (2) the commercially procured good or service is cost 
        effective;
          (3) the good or service is procured through a 
        competitive process;
          (4) existing or potential customers for the good or 
        service other than the United States Government have 
        been specifically identified;
          (5) the long-term viability of the venture is not 
        dependent upon a continued Government market or other 
        nonreimbursable Government support; and
          (6) private capital is at risk in the venture.
    (b) Termination Liability.--
          (1) In general.--Contracts entered into under 
        subsection (a) may provide for the payment of 
        termination liability in the event that the Government 
        terminates such contracts for its convenience.
          (2) Fixed schedule of payments and limitation on 
        liability.--Contracts that provide for the payment of 
        termination liability, as described in paragraph (1), 
        shall include a fixed schedule of such termination 
        liability payments. Liability under such contracts 
        shall not exceed the total payments which the 
        Government would have made after the date of 
        termination to purchase the good or service if the 
        contract were not terminated.
          (3) Use of funds.--Subject to appropriations, funds 
        available for such termination liability payments may 
        be used for purchase of the good or service upon 
        successful delivery of the good or service pursuant to 
        the contract. In such case, sufficient funds shall 
        remain available to cover any remaining termination 
        liability.
    (c) Limitations.--
          (1) Duration.--Contracts entered into under this 
        section shall not exceed 10 years in duration.
          (2) Fixed price.--Such contracts shall provide for 
        delivery of the good or service on a firm, fixed price 
        basis.
          (3) Performance specifications.--To the extent 
        practicable, reasonable performance specifications 
        shall be used to define technical requirements in such 
        contracts.
          (4) Failure to perform.--In any such contract, the 
        appropriate Administrator shall reserve the right to 
        completely or partially terminate the contract without 
        payment of such termination liability because of the 
        contractor's actual or anticipated failure to perform 
        its contractual obligations.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3405.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50503................................  15 U.S.C. 5806.                    Pub. L. 102-588, title V, Sec.  507,
                                                                           Nov. 4, 1992, 106 Stat. 5127.
----------------------------------------------------------------------------------------------------------------

Sec. 50504. Use of Government facilities

    (a) Authority.--
          (1) In general.--Federal agencies, including the 
        Administration and the Department of Defense, may allow 
        non-Federal entities to use their space-related 
        facilities on a reimbursable basis if the 
        Administrator, the Secretary of Defense, or the 
        appropriate agency head determines that--
                  (A) the facilities will be used to support 
                commercial space activities;
                  (B) such use can be supported by existing or 
                planned Federal resources;
                  (C) such use is compatible with Federal 
                activities;
                  (D) equivalent commercial services are not 
                available on reasonable terms; and
                  (E) such use is consistent with public 
                safety, national security, and international 
                treaty obligations.
          (2) Consultation.--In carrying out paragraph (1)(E), 
        each agency head shall consult with appropriate Federal 
        officials.
    (b) Reimbursement Payment.--
          (1) Amount.--The reimbursement referred to in 
        subsection (a) may be an amount equal to the direct 
        costs (including salaries of United States civilian and 
        contractor personnel) incurred by the United States as 
        a result of the use of such facilities by the private 
        sector. For the purposes of this paragraph, the term 
        ``direct costs'' means the actual costs that can be 
        unambiguously associated with such use, and would not 
        be borne by the United States Government in the absence 
        of such use.
          (2) Credit to appropriation.--The amount of any 
        payment received by the United States for use of 
        facilities under this subsection shall be credited to 
        the appropriation from which the cost of providing such 
        facilities was paid.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3406.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50504................................  15 U.S.C. 5807.                    Pub. L. 102-588, title V, Sec.  508,
                                                                           Nov. 4, 1992, 106 Stat. 5128.
----------------------------------------------------------------------------------------------------------------

Sec. 50505. Test facilities

    (a) Charges.--The Administrator shall establish a policy of 
charging users of the Administration's test facilities for the 
costs associated with their tests at a level that is 
competitive with alternative test facilities. The Administrator 
shall not implement a policy of seeking full cost recovery for 
a facility until at least 30 days after transmitting a notice 
to the Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.
    (b) Funding Account.--In planning and budgeting, the 
Administrator shall establish a funding account that shall be 
used for all test facilities. The account shall be sufficient 
to maintain the viability of test facilities during periods of 
low utilization.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3407.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50505................................  42 U.S.C. 16634.                   Pub. L. 109-155, title II, Sec.  205,
                                                                           Dec. 30, 2005, 119 Stat. 2916.
----------------------------------------------------------------------------------------------------------------

    This section restates provisions originally enacted as part 
of the National Aeronautics and Space Administration 
Authorization Act of 2005 (Public Law 109-155, 119 Stat. 2895), 
and not as part of title V of the National Aeronautics and 
Space Administration Authorization Act, Fiscal Year 1993 
(Public Law 102-588, 106 Stat. 5107), which is generally 
restated in this chapter.
    In subsection (a), the words ``Committee on Science and 
Technology'' are substituted for ``Committee on Science'' on 
authority of Rule X(1)(o) of the Rules of the House of 
Representatives, adopted by House Resolution No. 6 (110th 
Congress, January 5, 2007).

                             CHANGE OF NAME

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

Sec. 50506. Commercial Space Achievement Award

    (a) Establishment.--There is established a Commercial Space 
Achievement Award. The award shall consist of a medal, which 
shall be of such design and materials and bear such 
inscriptions as determined by the Secretary of Commerce. A cash 
prize may also be awarded if funding for the prize is available 
under subsection (d).
    (b) Criteria for Award.--The Secretary of Commerce shall 
periodically make awards under this section to individuals, 
corporations, corporate divisions, or corporate subsidiaries 
substantially engaged in commercial space activities that in 
the opinion of the Secretary of Commerce best meet the 
following criteria:
          (1) Non-governmental revenue.--For corporate 
        entities, at least half of the revenues from the space-
        related activities of the corporation, division, or 
        subsidiary is derived from sources other than the 
        United States Government.
          (2) Substantial contribution.--The activities and 
        achievements of the individual, corporation, division, 
        or subsidiary have substantially contributed to the 
        United States gross national product and the stature of 
        United States industry in international markets, with 
        due consideration for both the economic magnitude and 
        the technical quality of the activities and 
        achievements.
          (3) Substantial advancement of technology.--The 
        individual, corporation, division, or subsidiary has 
        substantially advanced space technology and space 
        applications directly related to commercial space 
        activities.
    (c) Limitations.--No individual or corporate entity may 
receive an award under this section more than once every 5 
years.
    (d) Funding for Award.--The Secretary of Commerce may seek 
and accept gifts of money from public and private sources for 
the purpose of making cash prize awards under this section. 
Such money may be used only for that purpose, and only such 
money may be used for that purpose. The Secretary of Commerce 
shall make publicly available an itemized list of the sources 
of such funding.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3407.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50506................................  15 U.S.C. 5808.                    Pub. L. 102-588, title V, Sec.  510,
                                                                           Nov. 4, 1992, 106 Stat. 5129.
----------------------------------------------------------------------------------------------------------------

    In subsection (b), in the matter before paragraph (1), the 
words ``The Secretary of Commerce shall periodically make 
awards'' are substituted for ``The Secretary of Commerce shall 
periodically make, and the Chairman of the National Space 
Council shall present, awards'' to eliminate obsolete language. 
The reference to the Chairman of the National Space Council is 
obsolete because the National Space Council (established by 
section 501 of the National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1989 (Public Law 
100-685, 102 Stat. 4102)) has not functioned or been staffed 
since 1993.

                 CHAPTER 507--OFFICE OF SPACE COMMERCE

Sec.
50701. Definition of Office.
50702. Establishment.
50703. Annual report.

                               AMENDMENTS

    2015--Pub. L. 114-90, title III, Sec. 301(a)(1), Nov. 25, 
2015, 129 Stat. 720, substituted ``COMMERCE'' for 
``COMMERCIALIZATION'' in chapter heading.

Sec. 50701. Definition of Office

    In this chapter, the term ``Office'' means the Office of 
Space Commerce established in section 50702 of this title.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3408; Pub. 
L. 114-90, title III, Sec. 301(b), Nov. 25, 2015, 129 Stat. 
720.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50701................................  (no source)
----------------------------------------------------------------------------------------------------------------

    A chapter-wide definition for the term ``Office'' is added 
for clarity and convenience.

                               AMENDMENTS

    2015--Pub. L. 114-90 substituted ``Commerce'' for 
``Commercialization''.

Sec. 50702. Establishment

    (a) In General.--There is established within the Department 
of Commerce an Office of Space Commerce.
    (b) Director.--The Office shall be headed by a Director, 
who shall be a senior executive and shall be compensated at a 
level in the Senior Executive Service under section 5382 of 
title 5 as determined by the Secretary of Commerce.
    (c) Functions of Office.--The Office shall be the principal 
unit for the coordination of space-related issues, programs, 
and initiatives within the Department of Commerce, including--
          (1) to foster the conditions for the economic growth 
        and technological advancement of the United States 
        space commerce industry;
          (2) to coordinate space commerce policy issues and 
        actions within the Department of Commerce;
          (3) to represent the Department of Commerce in the 
        development of United States policies and in 
        negotiations with foreign countries to promote United 
        States space commerce;
          (4) to promote the advancement of United States 
        geospatial technologies related to space commerce, in 
        cooperation with relevant interagency working groups; 
        and
          (5) to provide support to Federal Government 
        organizations working on Space-Based Positioning 
        Navigation, and Timing policy, including the National 
        Coordination Office for Space-Based Position,1 
        Navigation, and Timing.
    (d) Duties of Director.--The primary responsibilities of 
the Director in carrying out the functions of the Office shall 
include--
          (1) promoting commercial provider investment in space 
        activities by collecting, analyzing, and disseminating 
        information on space markets, and conducting workshops 
        and seminars to increase awareness of commercial space 
        opportunities;
          (2) assisting United States commercial providers in 
        the efforts of those providers to conduct business with 
        the United States Government;
          (3) acting as an industry advocate within the 
        executive branch of the Federal Government to ensure 
        that the Federal Government meets the space-related 
        requirements of the Federal Government, to the fullest 
        extent feasible, using commercially available space 
        goods and services;
          (4) ensuring that the United States Government does 
        not compete with United States commercial providers in 
        the provision of space hardware and services otherwise 
        available from United States commercial providers;
          (5) promoting the export of space-related goods and 
        services;
          (6) representing the Department of Commerce in the 
        development of United States policies and in 
        negotiations with foreign countries to ensure free and 
        fair trade internationally in the area of space 
        commerce; and
          (7) seeking the removal of legal, policy, and 
        institutional impediments to space commerce.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3408; Pub. 
L. 114-90, title III, Sec. 301(c), 302, Nov. 25, 2015, 129 
Stat. 720.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50702................................  15 U.S.C. 1511e.                   Pub. L. 105-309, Sec.  8, Oct. 30,
                                                                           1998, 112 Stat. 2937; Pub. L. 107-
                                                                           305, Sec.  14, Nov. 27, 2002, 116
                                                                           Stat. 2380; Pub. L. 108-447, div. B,
                                                                           title II, Dec. 8, 2004, 118 Stat.
                                                                           2878.
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2015--Subsec. (a). Pub. L. 114-90, Sec. 301(c), substituted 
``Space Commerce'' for ``Space Commercialization''.
    Subsec. (c). Pub. L. 114-90, Sec. 302, substituted 
``Commerce, including--'' for ``Commerce.'' and added pars. (1) 
to (5).

                COOPERATION WITH FORMER SOVIET REPUBLICS

    Pub. L. 102-588, title II, Sec. 218, Nov. 4, 1992, 106 
Stat. 5117, provided that:
    ``(a) Report to Congress.--Within one year after the date 
of enactment of this Act [Nov. 4, 1992], the President shall 
submit to Congress a report describing--
          ``(1) the opportunities for increased space related 
        trade with the independent states of the former Soviet 
        Union;
          ``(2) a technology procurement plan for identifying 
        and evaluating all unique space hardware, space 
        technology, and space services available to the United 
        States from the independent states of the former Soviet 
        Union, specifically including those technologies the 
        National Aeronautics and Space Administration has 
        identified as high priority in its Space Research and 
        Technology Integrated Technology Plan.[;]
          ``(3) the trade missions carried out pursuant to 
        subsection (c), including the private participation and 
        the results of such missions;
          ``(4) the offices and accounts of the National 
        Aeronautics and Space Administration to which expenses 
        for either cooperative activities or procurement 
        actions, involving the independent states of the former 
        Soviet Union, are charged;
          ``(5) any barriers, regulatory or practical, that 
        inhibit space-related trade between the United States 
        and the independent states of the former Soviet Union, 
        including such barriers in either the United States or 
        the independent states; and
          ``(6) any anticompetitive issues raised by a 
        potential acquisition.
    ``(b) Notification to Congress.--If any United States 
Government agency denies a request for a license or other 
approval that may be necessary to conduct discussions on space-
related matters with the independent states of the former 
Soviet Union, that agency shall immediately notify the Speaker 
of the House of Representatives and President of the Senate. 
Each such notification shall include a statement of the reasons 
for the denial.
    ``(c) Role of the Office of Space Commerce.--The Office of 
Space Commerce of the Department of Commerce is authorized and 
encouraged to conduct trade missions to appropriate independent 
states of the former Soviet Union for the purpose of 
familiarizing United States aerospace industry representatives 
with space hardware, space technologies, and space services 
that may be available from the independent states, and with the 
business practices and overall business climate in the 
independent states. The Office of Space Commerce shall also 
advise the Administrator [of the National Aeronautics and Space 
Administration] as to the impact on United States industry of 
each potential acquisition of space hardware, space technology, 
or space services from the independent states of the former 
Soviet Union, specifically including any anticompetitive issues 
the Office may observe.''

Sec. 50703. Annual report

    The Secretary of Commerce shall submit an annual report on 
the activities of the Office, including planned programs and 
expenditures, to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science and 
Technology of the House of Representatives.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3408.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
50703................................  15 U.S.C. 1535.                    Pub. L. 101-611, title I, Sec.
                                                                           115(b), Nov. 16, 1990, 104 Stat.
                                                                           3201.
----------------------------------------------------------------------------------------------------------------

    The words ``The Secretary of Commerce shall submit an 
annual report'' are substituted for ``Commencing in fiscal year 
1992, and every fiscal year thereafter, the Secretary of 
Commerce shall submit . . . a report'' to eliminate unnecessary 
words.
    The word ``Office'', meaning the Office of Space 
Commercialization, is substituted for ``Office of Space 
Commerce'' to correct an error in the law.
    The words ``Committee on Science and Technology'' are 
substituted for ``Committee on Science, Space, and Technology'' 
on authority of section 1(a)(10) of Public Law 104-14 (2 U.S.C. 
note prec. 21), Rule X(1)(n) of the Rules of the House of 
Representatives, adopted by House Resolution No. 5 (106th 
Congress, January 6, 1999), and Rule X(1)(o) of the Rules of 
the House of Representatives, adopted by House Resolution No. 6 
(110th Congress, January 5, 2007).

                             CHANGE OF NAME

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

            CHAPTER 509--COMMERCIAL SPACE LAUNCH ACTIVITIES

Sec.
50901. Findings and purposes.
50902. Definitions.
50903. General authority.
50904. Restrictions on launches, operations, and reentries.
50905. License applications and requirements.
50906. Experimental permits.
50907. Monitoring activities.
50908. Effective periods, and modifications, suspensions, and 
          revocations, of licenses.
50909. Prohibition, suspension, and end of launches, operation of launch 
          sites and reentry sites, and reentries.
50910. Preemption of scheduled launches or reentries.
50911. Space advertising.
50912. Administrative hearings and judicial review.
50913. Acquiring United States Government property and services.
50914. Liability insurance and financial responsibility requirements.
50915. Paying claims exceeding liability insurance and financial 
          responsibility requirements.
50916. Disclosing information.
50917. Enforcement and penalty.
50918. Consultation.
50919. Relationship to other executive agencies, laws, and international 
          obligations.
50920. User fees.
50921. Office of Commercial Space Transportation.
50922. Regulations.
50923. Report to Congress.

                               AMENDMENTS

    2010--Pub. L. 111-314, Sec. 4(d)(2), (3), Dec. 18, 2010, 
124 Stat. 3440, transferred analysis for chapter 701 of Title 
49, Transportation, and renumbered as analysis for chapter 509 
of this title and renumbered items 70101 to 70105, 70105a, 
70106 to 70109, 70109a, and 70110 to 70121 as 50901 to 50923, 
respectively.
    2004--Pub. L. 108-492, Sec. 2(c)(26), Dec. 23, 2004, 118 
Stat. 3982, added item 70105a.
    2000--Pub. L. 106-405, Sec. 3(b), Nov. 1, 2000, 114 Stat. 
1752, substituted ``Office of Commercial Space Transportation'' 
for ``Authorization of appropriations'' in item 70119.
    Pub. L. 106-391, title III, Sec. 322(d), Oct. 30, 2000, 114 
Stat. 1598, added item 70109a.
    1998--Pub. L. 105-303, title I, Sec. 102(a)(1), Oct. 28, 
1998, 112 Stat. 2846, substituted ``launches, operations, and 
reentries'' for ``launches and operations'' in item 70104, 
``launches, operation of launch sites and reentry sites, and 
reentries'' for ``launches and operation of launch sites'' in 
item 70108, inserted ``or reentries'' after ``scheduled 
launches'' in item 70109, and added items 70120 and 70121.
    1994--Pub. L. 103-429, Sec. 6(78), Oct. 31, 1994, 108 Stat. 
4388, made technical amendment to chapter heading.

Sec. 50901. Findings and purposes

    (a) Findings.--Congress finds that--
          (1) the peaceful uses of outer space continue to be 
        of great value and to offer benefits to all mankind;
          (2) private applications of space technology have 
        achieved a significant level of commercial and economic 
        activity and offer the potential for growth in the 
        future, particularly in the United States;
          (3) new and innovative equipment and services are 
        being sought, produced, and offered by entrepreneurs in 
        telecommunications, information services, microgravity 
        research, human space flight, and remote sensing 
        technologies;
          (4) the private sector in the United States has the 
        capability of developing and providing private 
        launching, reentry, and associated services that would 
        complement the launching, reentry, and associated 
        capabilities of the United States Government;
          (5) the development of commercial launch vehicles, 
        reentry vehicles, and associated services would enable 
        the United States to retain its competitive position 
        internationally, contributing to the national interest 
        and economic well-being of the United States;
          (6) providing launch services and reentry services by 
        the private sector is consistent with the national 
        security and foreign policy interests of the United 
        States and would be facilitated by stable, minimal, and 
        appropriate regulatory guidelines that are fairly and 
        expeditiously applied;
          (7) the United States should encourage private sector 
        launches, reentries, and associated services and, only 
        to the extent necessary, regulate those launches, 
        reentries, and services to ensure compliance with 
        international obligations of the United States and to 
        protect the public health and safety, safety of 
        property, and national security and foreign policy 
        interests of the United States;
          (8) space transportation, including the establishment 
        and operation of launch sites, reentry sites, and 
        complementary facilities, the providing of launch 
        services and reentry services, the establishment of 
        support facilities, and the providing of support 
        services, is an important element of the transportation 
        system of the United States, and in connection with the 
        commerce of the United States there is a need to 
        develop a strong space transportation infrastructure 
        with significant private sector involvement;
          (9) the participation of State governments in 
        encouraging and facilitating private sector involvement 
        in space-related activity, particularly through the 
        establishment of a space transportation-related 
        infrastructure, including launch sites, reentry sites, 
        complementary facilities, and launch site and reentry 
        site support facilities, is in the national interest 
        and is of significant public benefit;
          (10) the goal of safely opening space to the American 
        people and their private commercial, scientific, and 
        cultural enterprises should guide Federal space 
        investments, policies, and regulations;
          (11) private industry has begun to develop commercial 
        launch vehicles capable of carrying human beings into 
        space and greater private investment in these efforts 
        will stimulate the Nation's commercial space 
        transportation industry as a whole;
          (12) space transportation is inherently risky, and 
        the future of the commercial human spaceflight industry 
        will depend on its ability to continually improve its 
        safety performance;
          (13) a critical area of responsibility for the 
        Department of Transportation is to regulate the 
        operations and safety of the emerging commercial human 
        space flight industry;
          (14) the public interest is served by creating a 
        clear legal, regulatory, and safety regime for 
        commercial human space flight; and
          (15) the regulatory standards governing human space 
        flight must evolve as the industry matures so that 
        regulations neither stifle technology development nor 
        expose crew, government astronauts, or space flight 
        participants to avoidable risks as the public comes to 
        expect greater safety for crew, government astronauts, 
        and space flight participants from the industry.
    (b) Purposes.--The purposes of this chapter are--
          (1) to promote economic growth and entrepreneurial 
        activity through use of the space environment for 
        peaceful purposes;
          (2) to encourage the United States private sector to 
        provide launch vehicles, reentry vehicles, and 
        associated services by--
                  (A) simplifying and expediting the issuance 
                and transfer of commercial licenses;
                  (B) facilitating and encouraging the use of 
                Government-developed space technology; and
                  (C) promoting the continuous improvement of 
                the safety of launch vehicles designed to carry 
                humans, including through the issuance of 
                regulations, to the extent permitted by this 
                chapter;
          (3) to provide that the Secretary of Transportation 
        is to oversee and coordinate the conduct of commercial 
        launch and reentry operations, issue permits and 
        commercial licenses and transfer commercial licenses 
        authorizing those operations, and protect the public 
        health and safety, safety of property, and national 
        security and foreign policy interests of the United 
        States; and
          (4) to facilitate the strengthening and expansion of 
        the United States space transportation infrastructure, 
        including the enhancement of United States launch sites 
        and launch-site support facilities, and development of 
        reentry sites, with Government, State, and private 
        sector involvement, to support the full range of United 
        States space-related activities.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1330, 
Sec. 70101 of title 49; Pub. L. 105-303, title I, 
Sec. 102(a)(2), Oct. 28, 1998, 112 Stat. 2846; Pub. L. 108-492, 
Sec. 2(a), Dec. 23, 2004, 118 Stat. 3974; renumbered Sec. 70101 
then Sec. 50901 of title 51, Pub. L. 111-314, Sec. 4(d)(2), 
(3)(A), Dec. 18, 2010, 124 Stat. 3440; Pub. L. 114-90, title I, 
Sec. 112(a), Nov. 25, 2015, 129 Stat. 711.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70101(a).............................  49 App.:2601.                      Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           Sec.  2, 3, 98 Stat. 3055; Nov. 16,
                                                                           1990, Pub. L. 101-611, Sec.  117(c),
                                                                           (d), 104 Stat. 3202.
70101(b).............................  49 App.:2602.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), before clause (1), the words ``and 
declares'' are omitted as surplus. In subsection (b), before 
clause (1), the word ``therefore'' is omitted as surplus.

                               AMENDMENTS

    2015--Subsec. (a)(15). Pub. L. 114-90, which directed 
amendment of section ``50901(15)'' by inserting ``, government 
astronauts,'' after ``crew'' wherever appearing, was executed 
by making the insertion in subsec. (a)(15) in two places, to 
reflect the probable intent of Congress.
    2010--Pub. L. 111-314 successively renumbered section 70101 
of title 49 and section 70101 of this title as this section.
    2004--Subsec. (a)(3). Pub. L. 108-492, Sec. 2(a)(1), 
inserted ``human space flight,'' after ``microgravity 
research,''.
    Subsec. (a)(4). Pub. L. 108-492, Sec. 2(a)(2), struck out 
``satellite'' after ``providing private'' and substituted 
``capabilities of'' for ``services now available from''.
    Subsec. (a)(10) to (15). Pub. L. 108-492, Sec. 2(a)(3)-(5), 
added pars. (10) to (15).
    Subsec. (b)(2)(C). Pub. L. 108-492, Sec. 2(a)(6), added 
subpar. (C).
    Subsec. (b)(3). Pub. L. 108-492, Sec. 2(a)(7), substituted 
``issue permits and commercial licenses and transfer'' for 
``issue and transfer''.
    1998--Subsec. (a)(3). Pub. L. 105-303, Sec. 102(a)(2)(A), 
inserted ``microgravity research,'' after ``information 
services,''.
    Subsec. (a)(4). Pub. L. 105-303, Sec. 102(a)(2)(B), 
inserted ``, reentry,'' after ``launching'' in two places.
    Subsec. (a)(5). Pub. L. 105-303, Sec. 102(a)(2)(C), 
inserted ``, reentry vehicles,'' after ``launch vehicles''.
    Subsec. (a)(6). Pub. L. 105-303, Sec. 102(a)(2)(D), 
inserted ``and reentry services'' after ``launch services''.
    Subsec. (a)(7). Pub. L. 105-303, Sec. 102(a)(2)(E), 
inserted ``, reentries,'' after ``launches'' in two places.
    Subsec. (a)(8). Pub. L. 105-303, Sec. 102(a)(2)(F), (G), 
inserted ``, reentry sites,'' after ``launch sites'' and ``and 
reentry services'' after ``launch services''.
    Subsec. (a)(9). Pub. L. 105-303, Sec. 102(a)(2)(H), (I), 
inserted ``reentry sites,'' after ``launch sites,'' and ``and 
reentry site'' after ``launch site''.
    Subsec. (b)(2). Pub. L. 105-303, Sec. 102(a)(2)(J), 
inserted ``, reentry vehicles,'' after ``launch vehicles'' in 
introductory provisions.
    Subsec. (b)(2)(A). Pub. L. 105-303, Sec. 102(a)(2)(K), 
struck out ``launch'' before ``licenses''.
    Subsec. (b)(3). Pub. L. 105-303, Sec. 102(a)(2)(L), (M), 
inserted ``and reentry'' after ``conduct of commercial launch'' 
and struck out ``launch'' before ``licenses''.
    Subsec. (b)(4). Pub. L. 105-303, Sec. 102(a)(2)(N), 
inserted ``and development of reentry sites,'' after ``launch-
site support facilities,''.

                                FINDINGS

    Pub. L. 106-405, Sec. 2, Nov. 1, 2000, 114 Stat. 1751, 
provided that: ``The Congress finds that--
          ``(1) a robust United States space transportation 
        industry is vital to the Nation's economic well-being 
        and national security;
          ``(2) enactment of a 5-year extension of the excess 
        third party claims payment provision of [former] 
        chapter 701 of title 49, United States Code [now 51 
        U.S.C. 50901 et seq.] (Commercial Space Launch 
        Activities), will have a beneficial impact on the 
        international competitiveness of the United States 
        space transportation industry;
          ``(3) space transportation may evolve into airplane-
        style operations;
          ``(4) during the next 3 years the Federal Government 
        and the private sector should analyze the liability 
        risk-sharing regime to determine its appropriateness 
        and effectiveness, and, if needed, develop and propose 
        a new regime to Congress at least 2 years prior to the 
        expiration of the extension contained in this Act [see 
        Tables for classification];
          ``(5) the areas of responsibility of the Office of 
        the Associate Administrator for Commercial Space 
        Transportation have significantly increased as a result 
        of--
                  ``(A) the rapidly expanding commercial space 
                transportation industry and associated 
                government licensing requirements;
                  ``(B) regulatory activity as a result of the 
                emerging commercial reusable launch vehicle 
                industry; and
                  ``(C) the increased regulatory activity 
                associated with commercial operation of launch 
                and reentry sites; and
          ``(6) the Office of the Associate Administrator for 
        Commercial Space Transportation should continue to 
        limit its promotional activities to those which support 
        its regulatory mission.''

Sec. 50902. Definitions

    In this chapter--
          (1) ``citizen of the United States'' means--
                  (A) an individual who is a citizen of the 
                United States;
                  (B) an entity organized or existing under the 
                laws of the United States or a State; or
                  (C) an entity organized or existing under the 
                laws of a foreign country if the controlling 
                interest (as defined by the Secretary of 
                Transportation) is held by an individual or 
                entity described in subclause (A) or (B) of 
                this clause.
          (2) ``crew'' means any employee of a licensee or 
        transferee, or of a contractor or subcontractor of a 
        licensee or transferee, who performs activities in the 
        course of that employment directly relating to the 
        launch, reentry, or other operation of or in a launch 
        vehicle or reentry vehicle that carries human beings.
          (3) ``executive agency'' has the same meaning given 
        that term in section 105 of title 5.
          (4) ``government astronaut'' means an individual 
        who--
                  (A) is designated by the National Aeronautics 
                and Space Administration under section 
                20113(n);
                  (B) is carried within a launch vehicle or 
                reentry vehicle in the course of his or her 
                employment, which may include performance of 
                activities directly relating to the launch, 
                reentry, or other operation of the launch 
                vehicle or reentry vehicle; and
                  (C) is either--
                          (i) an employee of the United States 
                        Government, including the uniformed 
                        services, engaged in the performance of 
                        a Federal function under authority of 
                        law or an Executive act; or
                          (ii) an international partner 
                        astronaut.
          (5) ``international partner astronaut'' means an 
        individual designated under Article 11 of the 
        International Space Station Intergovernmental 
        Agreement, by a partner to that agreement other than 
        the United States, as qualified to serve as an 
        International Space Station crew member.
          (6) ``International Space Station Intergovernmental 
        Agreement'' means the Agreement Concerning Cooperation 
        on the International Space Station, signed at 
        Washington January 29, 1998 (TIAS 12927).
          (7) ``launch'' means to place or try to place a 
        launch vehicle or reentry vehicle and any payload or 
        human being from Earth--
                  (A) in a suborbital trajectory;
                  (B) in Earth orbit in outer space; or
                  (C) otherwise in outer space, including 
                activities involved in the preparation of a 
                launch vehicle or payload for launch, when 
                those activities take place at a launch site in 
                the United States.
          (8) ``launch property'' means an item built for, or 
        used in, the launch preparation or launch of a launch 
        vehicle.
          (9) ``launch services'' means--
                  (A) activities involved in the preparation of 
                a launch vehicle, payload, crew (including crew 
                training), government astronaut, or space 
                flight participant for launch; and
                  (B) the conduct of a launch.
          (10) ``launch site'' means the location on Earth from 
        which a launch takes place (as defined in a license the 
        Secretary issues or transfers under this chapter) and 
        necessary facilities at that location.
          (11) ``launch vehicle'' means--
                  (A) a vehicle built to operate in, or place a 
                payload or human beings in, outer space; and
                  (B) a suborbital rocket.
          (12) ``obtrusive space advertising'' means 
        advertising in outer space that is capable of being 
        recognized by a human being on the surface of the Earth 
        without the aid of a telescope or other technological 
        device.
          (13) ``payload'' means an object that a person 
        undertakes to place in outer space by means of a launch 
        vehicle or reentry vehicle, including components of the 
        vehicle specifically designed or adapted for that 
        object.
          (14) except in section 50904(c), ``permit'' means an 
        experimental permit issued under section 50906.
          (15) ``person'' means an individual and an entity 
        organized or existing under the laws of a State or 
        country.
          (16) ``reenter'' and ``reentry'' mean to return or 
        attempt to return, purposefully, a reentry vehicle and 
        its payload or human beings, if any, from Earth orbit 
        or from outer space to Earth.
          (17) ``reentry services'' means--
                  (A) activities involved in the preparation of 
                a reentry vehicle and payload, crew (including 
                crew training), government astronaut, or space 
                flight participant, if any, for reentry; and
                  (B) the conduct of a reentry.
          (18) ``reentry site'' means the location on Earth to 
        which a reentry vehicle is intended to return (as 
        defined in a license the Secretary issues or transfers 
        under this chapter).
          (19) ``reentry vehicle'' means a vehicle designed to 
        return from Earth orbit or outer space to Earth, or a 
        reusable launch vehicle designed to return from Earth 
        orbit or outer space to Earth, substantially intact.
          (20) ``space flight participant'' means an 
        individual, who is not crew or a government astronaut, 
        carried within a launch vehicle or reentry vehicle.
          (21) ``space support vehicle flight'' means a flight 
        in the air that--
                  (A) is not a launch or reentry; but
                  (B) is conducted by a space support vehicle.
          (22) ``space support vehicle'' means a vehicle that 
        is--
                  (A) a launch vehicle;
                  (B) a reentry vehicle; or
                  (C) a component of a launch or reentry 
                vehicle.
          (23) ``State'' means a State of the United States, 
        the District of Columbia, and a territory or possession 
        of the United States.
          (24) unless and until regulations take effect under 
        section 50922(c)(2), ``suborbital rocket'' means a 
        vehicle, rocket-propelled in whole or in part, intended 
        for flight on a suborbital trajectory, and the thrust 
        of which is greater than its lift for the majority of 
        the rocket-powered portion of its ascent.
          (25) ``suborbital trajectory'' means the intentional 
        flight path of a launch vehicle, reentry vehicle, or 
        any portion thereof, whose vacuum instantaneous impact 
        point does not leave the surface of the Earth.
          (26) ``third party'' means a person except--
                  (A) the United States Government or the 
                Government's contractors or subcontractors 
                involved in launch services or reentry 
                services;
                  (B) a licensee or transferee under this 
                chapter;
                  (C) a licensee's or transferee's contractors, 
                subcontractors, or customers involved in launch 
                services or reentry services;
                  (D) the customer's contractors or 
                subcontractors involved in launch services or 
                reentry services; or
                  (E) crew, government astronauts, or space 
                flight participants.
          (27) ``United States'' means the States of the United 
        States, the District of Columbia, and the territories 
        and possessions of the United States.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1331, 
Sec. 70102 of title 49; Pub. L. 104-287, Sec. 5(92), Oct. 11, 
1996, 110 Stat. 3398; Pub. L. 105-303, title I, Sec. 102(a)(3), 
Oct. 28, 1998, 112 Stat. 2846; Pub. L. 106-391, title III, 
Sec. 322(a), Oct. 30, 2000, 114 Stat. 1598; Pub. L. 108-492, 
Sec. 2(b), Dec. 23, 2004, 118 Stat. 3975; renumbered Sec. 70102 
then Sec. 50902 of title 51 and amended Pub. L. 111-314, 
Sec. 4(d)(2), (3)(B), (5)(A), (B), Dec. 18, 2010, 124 Stat. 
3440, 3441; Pub. L. 114-90, title I, Sec. 112(c), (e)-(j), Nov. 
25, 2015, 129 Stat. 712, 713; Pub. L. 115-254, div. B, title V, 
Sec. 581(a), Oct. 5, 2018, 132 Stat. 3397.)

             Historical and Revision Notes Pub. L. 103-272

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70102(1).............................  49 App.: 2603(9)                   Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           4(I)-(9), 98 Stat. 3056
  ...................................  49 App.: 2603(12)                  Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           4(12), 98 Stat. 3056;
                                                                          Nov. 15, 1988, Pub. L., 100-657, Sec.
                                                                           3(2), 102 Stat. 3900
70102(2)-(9).........................  49 App.: 2603(1)-(8)
70102(10)............................  49 App.: 2603(10)                  Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           4(10), 98 Stat. 3056, 98 Stat. 3056;
                                                                          Nov. 15, 1988, Pub. L., 100-657, Sec.
                                                                           3(1), 102 Stat. 3900.
70102(11)............................  49 App.: 2603(11).                 Oct. 30, 1984, Pub. L. 98-575, 98
                                                                           Stat. 3055, Sec.  4(11);
                                                                          added Nov. 15, 1988, Pub. L., 100-657,
                                                                           Sec.  3(3), 102 Stat. 3900.
70102(12)............................  49 App.: 2603(10).
----------------------------------------------------------------------------------------------------------------

    In this chapter, the word ``country'' is substituted for 
``nation'' for consistency in the revised title and with other 
titles of the United States Code.
    In clause (1), before subclause (A), the text of 49 
App.:2603(9) is omitted as surplus because the complete name of 
the Secretary of Transportation is used the first time the term 
appears in a section. In subclauses (B) and (C), the words 
``corporation, partnership, joint venture, association, or 
other'' are omitted as surplus. In subclause (C), the words 
``in regulations'' and ``in such entity'' are omitted as 
surplus.
    In clause (4), the words ``propellants, launch vehicles and 
components thereof, and other physical'' are omitted as 
surplus.
    In clause (6), the words ``includes all . . . located on a 
launch site which are . . . to conduct a launch'' are omitted 
as surplus.
    In clause (9), the words ``corporation, partnership, joint 
venture, association, or other'' are omitted as surplus.
    Clauses (10) and (12) are substituted for 49 App.:2603(10) 
to eliminate unnecessary words.
    In clause (11), before subclause (A), the words ``or 
entity'' are omitted as surplus. In subclause (A), the words 
``its agencies'' are omitted as surplus.

                            PUB. L. 104-287

    This amends 49:70102(6) to correct an error in the 
codification enacted by section 1 of the Act of July 5, 1994 
(Public Law 103-272, 108 Stat. 1331).

                               AMENDMENTS

    2018--Pars. (21) to (27). Pub. L. 115-254 added pars. (21) 
and (22) and redesignated former pars. (21) to (25) as (23) to 
(27), respectively.
    2015--Pars. (4) to (6). Pub. L. 114-90, Sec. 112(c)(2), 
added pars. (4) to (6). Former pars. (4) to (6) redesignated 
(7) to (9), respectively.
    Par. (7). Pub. L. 114-90, Sec. 112(c)(1), (e), redesignated 
par. (4) as (7) and substituted ``and any payload or human 
being'' for ``and any payload, crew, or space flight 
participant'' in introductory provisions. Former par. (7) 
redesignated (10).
    Par. (8). Pub. L. 114-90, Sec. 112(c)(1), redesignated par. 
(5) as (8). Former par. (8) redesignated (11).
    Par. (9). Pub. L. 114-90, Sec. 112(c)(1), (f), redesignated 
par. (6) as (9) and substituted ``payload, crew (including crew 
training), government astronaut, or space flight participant'' 
for ``payload, crew (including crew training), or space flight 
participant'' in subpar. (A). Former par. (9) redesignated 
(12).
    Pars. (10) to (15). Pub. L. 114-90, Sec. 112(c)(1), 
redesignated pars. (7) to (12) as (10) to (15), respectively.
    Former pars. (10) to (15) redesignated (13) to (18), 
respectively.
    Par. (16). Pub. L. 114-90, Sec. 112(c)(1), (g), 
redesignated par. (13) as (16) and substituted ``and its 
payload or human beings, if any,'' for ``and its payload, crew, 
or space flight participants, if any,''. Former par. (16) 
redesignated (19).
    Par. (17). Pub. L. 114-90, Sec. 112(c)(1), (h), 
redesignated par. (14) as (17) and substituted ``payload, crew 
(including crew training), government astronaut, or space 
flight participant, if any,'' for ``payload, crew (including 
crew training), or space flight participant, if any,'' in 
subpar. (A). Former par. (17) redesignated (20).
    Pars. (18), (19). Pub. L. 114-90, Sec. 112(c)(1), 
redesignated pars. (15) and (16) as (18) and (19), 
respectively.
    Former pars. (18) and (19) redesignated (21) and (22), 
respectively.
    Par. (20). Pub. L. 114-90, Sec. 112(c)(1), (i), 
redesignated par. (17) as (20) and amended it generally. Prior 
to amendment, par. (20) read as follows: `` `space flight 
participant' means an individual, who is not crew, carried 
within a launch vehicle or reentry vehicle.''
    Pars. (21) to (23). Pub. L. 114-90, Sec. 112(c)(1), 
redesignated pars. (18) to (20) as (21) to (23), respectively.
    Former pars. (21) and (22) redesignated (24) and (25), 
respectively.
    Par. (24). Pub. L. 114-90, Sec. 112(c)(1), (j), 
redesignated par. (21) as (24) and inserted ``, government 
astronauts,'' after ``crew'' in subpar. (E).
    Par. (25). Pub. L. 114-90, Sec. 112(c)(1), redesignated 
par. (22) as (25).
    2010--Pub. L. 111-314, Sec. 4(d)(2), (3)(B), successively 
renumbered section 70102 of title 49 and section 70102 of this 
title as this section.
    Par. (11). Pub. L. 111-314, Sec. 4(d)(5)(A), substituted 
``section 50904(c)'' for ``section 70104(c)'' and ``section 
50906'' for ``section 70105a''.
    Par. (19). Pub. L. 111-314, Sec. 4(d)(5)(B), substituted 
``section 50922(c)(2)'' for ``section 70120(c)(2)''.
    2004--Par. (2). Pub. L. 108-492, Sec. 2(b)(2), added par. 
(2). Former par. (2) redesignated (3).
    Par. (3). Pub. L. 108-492, Sec. 2(b)(1), redesignated par. 
(2) as (3). Former par. (3) redesignated (4).
    Par. (4). Pub. L. 108-492, Sec. 2(b)(1), (3), redesignated 
par. (3) as (4) and inserted ``, crew, or space flight 
participant'' after ``any payload'' in introductory provisions. 
Former par. (4) redesignated (5).
    Par. (5). Pub. L. 108-492, Sec. 2(b)(1), redesignated par. 
(4) as (5). Former par. (5) redesignated (6).
    Par. (6). Pub. L. 108-492, Sec. 2(b)(1), (4), redesignated 
par. (5) as (6) and substituted ``, payload, crew (including 
crew training), or space flight participant'' for ``and 
payload'' in subpar. (A). Former par. (6) redesignated (7).
    Par. (7). Pub. L. 108-492, Sec. 2(b)(1), redesignated par. 
(6) as (7). Former par. (7) redesignated (8).
    Par. (8). Pub. L. 108-492, Sec. 2(b)(1), (5), redesignated 
par. (7) as (8) and inserted ``or human beings'' after ``place 
a payload'' in subpar. (A). Former par. (8) redesignated (9).
    Pars. (9), (10). Pub. L. 108-492, Sec. 2(b)(1), 
redesignated pars. (8) and (9) as (9) and (10), respectively.
    Former par. (10) redesignated (12).
    Par. (11). Pub. L. 108-492, Sec. 2(b)(6), added par. (11). 
Former par. (11) redesignated (13).
    Par. (12). Pub. L. 108-492, Sec. 2(b)(1), redesignated par. 
(10) as (12). Former par. (12) redesignated (14).
    Par. (13). Pub. L. 108-492, Sec. 2(b)(1), (7), redesignated 
par. (11) as (13) and inserted ``crew, or space flight 
participants,'' after ``and its payload,''. Former par. (13) 
redesignated (15).
    Par. (14). Pub. L. 108-492, Sec. 2(b)(1), (8), redesignated 
par. (12) as (14) and substituted ``and payload, crew 
(including crew training), or space flight participant'' for 
``and its payload'' in subpar. (A). Former par. (14) 
redesignated (16).
    Pars. (15), (16). Pub. L. 108-492, Sec. 2(b)(1), 
redesignated pars. (13) and (14) as (15) and (16), 
respectively.
    Former pars. (15) and (16) redesignated (18) and (21), 
respectively.
    Par. (17). Pub. L. 108-492, Sec. 2(b)(9), added par. (17). 
Former par. (17) redesignated (22).
    Par. (18). Pub. L. 108-492, Sec. 2(b)(1), redesignated par. 
(15) as (18).
    Pars. (19), (20). Pub. L. 108-492, Sec. 2(b)(10), added 
pars. (19) and (20).
    Par. (21). Pub. L. 108-492, Sec. 2(b)(1), (11), 
redesignated par. (16) as (21) and added subpar. (E).
    Par. (22). Pub. L. 108-492, Sec. 2(b)(1), redesignated par. 
(17) as (22).
    2000--Pars. (8) to (17). Pub. L. 106-391 added par. (8) and 
redesignated former pars. (8) to (16) as (9) to (17), 
respectively.
    1998--Par. (3). Pub. L. 105-303, Sec. 102(a)(3)(A), 
substituted ``or reentry vehicle and any payload from Earth'' 
for ``and any payload'' in introductory provisions and a comma 
for the period at end of subpar. (C) and inserted concluding 
provisions.
    Par. (8). Pub. L. 105-303, Sec. 102(a)(3)(B), inserted ``or 
reentry vehicle'' after ``means of a launch vehicle''.
    Pars. (10) to (13). Pub. L. 105-303, Sec. 102(a)(3)(D), 
added pars. (10) to (13). Former pars. (10) to (12) 
redesignated (14) to (16), respectively.
    Par. (14). Pub. L. 105-303, Sec. 102(a)(3)(C), redesignated 
par. (10) as (14).
    Par. (15). Pub. L. 105-303, Sec. 102(a)(3)(C), (E), 
redesignated par. (11) as (15) and inserted ``or reentry 
services'' after ``launch services'' wherever appearing.
    Par. (16). Pub. L. 105-303, Sec. 102(a)(3)(C), redesignated 
par. (12) as (16).
    1996--Par. (6). Pub. L. 104-287 substituted ``facilities at 
that location'' for ``facilities''.

                    EFFECTIVE DATE OF 1996 AMENDMENT

    Amendment by Pub. L. 104-287 effective July 5, 1994, see 
section 8(1) of Pub. L. 104-287, set out as a note under 
section 5303 of Title 49, Transportation.

Sec. 50903. General authority

    (a) General.--The Secretary of Transportation shall carry 
out this chapter.
    (b) Facilitating Commercial Launches and Reentries.--In 
carrying out this chapter, the Secretary shall--
          (1) encourage, facilitate, and promote commercial 
        space launches and reentries by the private sector, 
        including those involving space flight participants; 
        and
          (2) take actions to facilitate private sector 
        involvement in commercial space transportation 
        activity, and to promote public-private partnerships 
        involving the United States Government, State 
        governments, and the private sector to build, expand, 
        modernize, or operate a space launch and reentry 
        infrastructure.
    (c) Safety.--In carrying out the responsibilities under 
subsection (b), the Secretary shall encourage, facilitate, and 
promote the continuous improvement of the safety of launch 
vehicles designed to carry humans, and the Secretary may, 
consistent with this chapter, promulgate regulations to carry 
out this subsection.
    (d) Executive Agency Assistance.--When necessary, the head 
of an executive agency shall assist the Secretary in carrying 
out this chapter.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1332, 
Sec. 70103 of title 49; Pub. L. 105-303, title I, 
Sec. 102(a)(4), Oct. 28, 1998, 112 Stat. 2847; Pub. L. 108-492, 
Sec. 2(c)(1), (2), Dec. 23, 2004, 118 Stat. 3976; renumbered 
Sec. 70103 then Sec. 50903 of title 51, Pub. L. 111-314, 
Sec. 4(d)(2), (3)(C), Dec. 18, 2010, 124 Stat. 3440.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70103(a).............................  49 App.:2604(a) (1st-10th words).  Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           5(a) (1st-10th words, (b)), 98 Stat.
                                                                           3057.
70103(b).............................  49 App.:2604(a) (11th-15th words,  Oct. 30, 1984, Pub. L. 98-575, Sec.
                                        cls. (1), (3)).                    5(a) (11th-15th words, cls. (1),
                                                                           (3)), 98 Stat. 3057; Nov. 16, 1990,
                                                                           Pub. L. 101-611, Sec.  117(e)(1),
                                                                           (3), 104 Stat, 3203.
70103(c).............................  49 App.:2604(b).
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``be responsible for'' are 
omitted as surplus.
    In subsection (c), the words ``To the extent permitted by 
law'' are omitted as surplus. The words ``the head of an 
executive agency'' are substituted for ``Federal agencies'' for 
consistency in the revised title and with other titles of the 
United States Code.

                               AMENDMENTS

    2010--Pub. L. 111-314 successively renumbered section 70103 
of title 49 and section 70103 of this title as this section.
    2004--Subsec. (b)(1). Pub. L. 108-492, Sec. 2(c)(1), 
inserted ``, including those involving space flight 
participants'' after ``private sector''.
    Subsecs. (c), (d). Pub. L. 108-492, Sec. 2(c)(2), added 
subsec. (c) and redesignated former subsec. (c) as (d).
    1998--Subsec. (b). Pub. L. 105-303, Sec. 102(a)(4)(A), 
inserted ``and Reentries'' after ``Launches'' in heading.
    Subsec. (b)(1). Pub. L. 105-303, Sec. 102(a)(4)(B), 
inserted ``and reentries'' after ``commercial space launches''. 
Subsec. (b)(2). Pub. L. 105-303, Sec. 102(a)(4)(C), inserted 
``and reentry'' after ``space launch''.

                        LAUNCH SERVICES STRATEGY

    Pub. L. 110-422, title VI, Sec. 621, Oct. 15, 2008, 122 
Stat. 4801, provided that:
    ``(a) In General.--In preparation for the award of 
contracts to follow up on the current NASA [National 
Aeronautics and Space Administration] Launch Services (NLS) 
contracts, the Administrator shall develop a strategy for 
providing domestic commercial launch services in support of 
NASA's small and medium-sized Science, Space Operations, and 
Exploration missions, consistent with current law and policy.
    ``(b) Report.--The Administrator [of NASA] shall transmit a 
report to the Committee on Science and Technology [now 
Committee on Science, Space, and Technology] of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate describing the strategy developed 
under subsection (a) not later than 90 days after the date of 
enactment of this Act [Oct. 15, 2008]. The report shall 
provide, at a minimum--
          ``(1) the results of the Request for Information on 
        small to medium-sized launch services released on April 
        22, 2008;
          ``(2) an analysis of possible alternatives to 
        maintain small and medium-sized lift capabilities after 
        June 30, 2010, including the use of the Department of 
        Defense's Evolved Expendable Launch Vehicle (EELV);
          ``(3) the recommended alternatives, and associated 5-
        year budget plans starting in October 2010 that would 
        enable their implementation; and
          ``(4) a contingency plan in the event the recommended 
        alternatives described in paragraph (3) are not 
        available when needed.''

   EX. ORD. NO. 12465. COORDINATION AND ENCOURAGEMENT OF COMMERCIAL 
                  EXPENDABLE LAUNCH VEHICLE ACTIVITIES

    Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, provided:
    By the authority vested in me as President by the 
Constitution and laws of the United States of America, and in 
order to encourage, facilitate and coordinate the development 
of commercial expendable launch vehicle (ELV) operations by 
private United States enterprises, it is hereby ordered as 
follows:
    SECTION 1. The Department of Transportation is designated 
as the lead agency within the Federal government for 
encouraging and facilitating commercial ELV activities by the 
United States private sector.
    SEC. 2. Responsibilities of Lead Agency. The Secretary of 
Transportation shall, to the extent permitted by law and 
subject to the availability of appropriations, perform the 
following functions:
    (a) act as a focal point within the Federal government for 
private sector space launch contacts related to commercial ELV 
operations;
    (b) promote and encourage commercial ELV operations in the 
same manner that other private United States commercial 
enterprises are promoted by United States agencies;
    (c) provide leadership in the establishment, within 
affected departments and agencies, of procedures that expedite 
the processing of private sector requests to obtain licenses 
necessary for commercial ELV launches and the establishment and 
operation of commercial launch ranges;
    (d) consult with other affected agencies to promote 
consistent application of ELV licensing requirements for the 
private sector and assure fair and equitable treatment for all 
private sector applicants;
    (e) serve as a single point of contact for collection and 
dissemination of documentation related to commercial ELV 
licensing applications;
    (f) make recommendations to affected agencies and, as 
appropriate, to the President, concerning administrative 
measures to streamline Federal government procedures for 
licensing of commercial ELV activities;
    (g) identify Federal statutes, treaties, regulations and 
policies which may have an adverse impact on ELV 
commercialization efforts and recommend appropriate changes to 
affected agencies and, as appropriate, to the President; and
    (h) conduct appropriate planning regarding long-term 
effects of Federal activities related to ELV commercialization.
    SEC. 3. An interagency group, chaired by the Secretary of 
Transportation and composed of representatives from the 
Department of State, the Department of Defense, the Department 
of Commerce, the Federal Communications Commission, and the 
National Aeronautics and Space Administration, is hereby 
established. This group shall meet at the call of the Chair and 
shall advise and assist the Department of Transportation in 
performing its responsibilities under this Order.
    SEC. 4. Responsibilities of Other Agencies. All executive 
departments and agencies shall assist the Secretary of 
Transportation in carrying out this Order. To the extent 
permitted by law and in consultation with the Secretary of 
Transportation, they shall:
    (a) provide the Secretary of Transportation with 
information concerning agency regulatory actions which may 
affect development of commercial ELV operations;
    (b) review and revise their regulations and procedures to 
eliminate unnecessary regulatory obstacles to the development 
of commercial ELV operations and to ensure that those 
regulations and procedures found essential are administered as 
efficiently as possible; and
    (c) establish timetables for the expeditious handling of 
and response to applications for licenses and approvals for 
commercial ELV activities.
    SEC. 5. The powers granted to the Secretary of 
Transportation to encourage, facilitate and coordinate the 
overall ELV commercialization process shall not diminish or 
abrogate any statutory or operational authority exercised by 
any other Federal agency.
    SEC. 6. Nothing contained in this Order or in any 
procedures promulgated hereunder shall confer any substantive 
or procedural right or privilege on any person or organization, 
enforceable against the United States, its agencies, its 
officers or any person.
    SEC. 7. This Order shall be effective immediately.

                                                     Ronald Reagan.

Sec. 50904. Restrictions on launches, operations, and reentries

    (a) Requirement.--A license issued or transferred under 
this chapter, or a permit, is required for the following:
          (1) for a person to launch a launch vehicle or to 
        operate a launch site or reentry site, or to reenter a 
        reentry vehicle, in the United States.
          (2) for a citizen of the United States (as defined in 
        section 50902(1)(A) or (B) of this title) to launch a 
        launch vehicle or to operate a launch site or reentry 
        site, or to reenter a reentry vehicle, outside the 
        United States.
          (3) for a citizen of the United States (as defined in 
        section 50902(1)(C) of this title) to launch a launch 
        vehicle or to operate a launch site or reentry site, or 
        to reenter a reentry vehicle, outside the United States 
        and outside the territory of a foreign country unless 
        there is an agreement between the United States 
        Government and the government of the foreign country 
        providing that the government of the foreign country 
        has jurisdiction over the launch or operation or 
        reentry.
          (4) for a citizen of the United States (as defined in 
        section 50902(1)(C) of this title) to launch a launch 
        vehicle or to operate a launch site or reentry site, or 
        to reenter a reentry vehicle, in the territory of a 
        foreign country if there is an agreement between the 
        United States Government and the government of the 
        foreign country providing that the United States 
        Government has jurisdiction over the launch or 
        operation or reentry.
    Notwithstanding this subsection, a permit shall not 
authorize a person to operate a launch site or reentry site.
    (b) Compliance With Payload Requirements.--The holder of a 
license or permit under this chapter may launch or reenter a 
payload only if the payload complies with all requirements of 
the laws of the United States related to launching or 
reentering a payload.
    (c) Preventing Launches and Reentries.--The Secretary of 
Transportation shall establish whether all required licenses, 
authorizations, and permits required for a payload have been 
obtained. If no license, authorization, or permit is required, 
the Secretary may prevent the launch or reentry if the 
Secretary decides the launch or reentry would jeopardize the 
public health and safety, safety of property, or national 
security or foreign policy interest of the United States.
    (d) Single License or Permit.--The Secretary of 
Transportation shall ensure that only 1 license or permit is 
required from the Department of Transportation to conduct 
activities involving crew, government astronauts, or space 
flight participants, including launch and reentry, for which a 
license or permit is required under this chapter. The Secretary 
shall ensure that all Department of Transportation regulations 
relevant to the licensed or permitted activity are satisfied.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1332, 
Sec. 70104 of title 49; Pub. L. 105-303, title I, 
Sec. 102(a)(5), Oct. 28, 1998, 112 Stat. 2847; Pub. L. 108-492, 
Sec. 2(c)(3)-(5), Dec. 23, 2004, 118 Stat. 3976; renumbered 
Sec. 70104 then Sec. 50904 of title 51 and amended Pub. L. 111-
314, Sec. 4(d)(2), (3)(D), (5)(C)-(E), Dec. 18, 2010, 124 Stat. 
3440, 3441; Pub. L. 114-90, title I, Sec. 112(k), Nov. 25, 
2015, 129 Stat. 713.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70104(a).............................  49 App.:2605(a).                   Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           6(a), (b), 98 Stat. 3057.
70104(b).............................  49 App.:2605(b)(1) (1st
                                        sentence).
70104(c).............................  49 App.:2605(b)(1) (last
                                        sentence), (2).
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(2)-(4), the cross-reference is to section 
70102(1) of the revised title (restating 49
    App.:2603(12)) rather than to section 70102(11) (restating 
49 App.:2603(11)) to correct a mistake. Section 3(2) of the 
Commercial Space Launch Act Amendments of 1988 (Public Law 100-
657, 102 Stat. 3900) redesignated 49 App.:2603(11) as 49 
App.:2603(12) but did not amend the cross-reference in 49 
App.:2605(a).
    In subsection (a)(3) and (4), the words ``the government 
of'' are added for consistency in the revised title and with 
other titles of the United States Code. The words ``in force'' 
are omitted as surplus. In subsection (a)(3), the words ``at 
any place which is both'' are omitted as surplus.
    In subsection (a)(4), the text of 49 App.:2605(a)(3)(B)(i) 
is omitted as surplus.
    In subsection (c), the words ``by Federal law'', ``which is 
to be launched'', ``by any Federal law'', ``take such action 
under this chapter as the Secretary deems necessary to'', and 
``of a payload by a holder of a launch license under this 
chapter'' are omitted as surplus.

                               AMENDMENTS

    2015--Subsec. (d). Pub. L. 114-90 substituted ``activities 
involving crew, government astronauts, or space flight 
participants'' for ``activities involving crew or space flight 
participants''.
    2010--Pub. L. 111-314, Sec. 4(d)(2), (3)(D), successively 
renumbered section 70104 of title 49 and section 70104 of this 
title as this section.
    Subsec. (a)(2). Pub. L. 111-314, Sec. 4(d)(5)(C), 
substituted ``section 50902(1)(A) or (B)'' for ``section 
70102(1)(A) or (B)''.
    Subsec. (a)(3). Pub. L. 111-314, Sec. 4(d)(5)(D), 
substituted ``section 50902(1)(C)'' for ``section 
70102(1)(C)''.
    Subsec. (a)(4). Pub. L. 111-314, Sec. 4(d)(5)(E), 
substituted ``section 50902(1)(C)'' for ``section 
70102(1)(C)''.
    2004--Subsec. (a). Pub. L. 108-492, Sec. 2(c)(3), 
substituted ``Requirement'' for ``License Requirement'' in 
heading and ``A license issued or transferred under this 
chapter, or a permit,'' for ``A license issued or transferred 
under this chapter'' in introductory provisions and inserted 
concluding provisions.
    Subsec. (b). Pub. L. 108-492, Sec. 2(c)(4), inserted ``or 
permit'' after ``holder of a license''.
    Subsec. (d). Pub. L. 108-492, Sec. 2(c)(5), added subsec. 
(d).
    1998--Pub. L. 105-303, Sec. 102(a)(5)(A), substituted 
``Restrictions on launches, operations, and reentries'' for 
``Restrictions on launches and operations'' in section 
catchline.
    Subsec. (a)(1), (2). Pub. L. 105-303, Sec. 102(a)(5)(B), 
inserted ``or reentry site, or to reenter a reentry vehicle,'' 
after ``operate a launch site''.
    Subsec. (a)(3), (4). Pub. L. 105-303, Sec. 102(a)(5)(B), 
(C), inserted ``or reentry site, or to reenter a reentry 
vehicle,'' after ``operate a launch site'' and ``or reentry'' 
after ``launch or operation''.
    Subsec. (b). Pub. L. 105-303, Sec. 102(a)(5)(D), struck out 
``launch'' before ``license'' and inserted ``or reenter'' after 
``may launch'' and ``or reentering'' after ``related to 
launching''.
    Subsec. (c). Pub. L. 105-303, Sec. 102(a)(5)(E), 
substituted ``Preventing Launches and Reentries'' for 
``Preventing Launches'' in heading and inserted ``or reentry'' 
after ``prevent the launch'' and after ``decides the launch'' 
in second sentence.

Sec. 50905. License applications and requirements

    (a) Applications.--
          (1) A person may apply to the Secretary of 
        Transportation for a license or transfer of a license 
        under this chapter in the form and way the Secretary 
        prescribes. Consistent with the public health and 
        safety, safety of property, and national security and 
        foreign policy interests of the United States, the 
        Secretary, not later than 180 days after accepting an 
        application in accordance with criteria established 
        pursuant to subsection (b)(2)(D), shall issue or 
        transfer a license if the Secretary decides in writing 
        that the applicant complies, and will continue to 
        comply, with this chapter and regulations prescribed 
        under this chapter. The Secretary shall inform the 
        applicant of any pending issue and action required to 
        resolve the issue if the Secretary has not made a 
        decision not later than 120 days after accepting an 
        application in accordance with criteria established 
        pursuant to subsection (b)(2)(D). The Secretary shall 
        transmit to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate a written notice not 
        later than 30 days after any occurrence when the 
        Secretary has not taken action on a license application 
        within the deadline established by this subsection.
          (2) In carrying out paragraph (1), the Secretary may 
        establish procedures for safety approvals of launch 
        vehicles, reentry vehicles, safety systems, processes, 
        services, or personnel (including approval procedures 
        for the purpose of protecting the health and safety of 
        crew, government astronauts, and space flight 
        participants, to the extent permitted by subsections 
        (b) and (c)) that may be used in conducting licensed 
        commercial space launch or reentry activities.
    (b) Requirements.--
          (1) Except as provided in this subsection, all 
        requirements of the laws of the United States 
        applicable to the launch of a launch vehicle or the 
        operation of a launch site or a reentry site, or the 
        reentry of a reentry vehicle, are requirements for a 
        license or permit under this chapter.
          (2) The Secretary may prescribe--
                  (A) any term necessary to ensure compliance 
                with this chapter, including on-site 
                verification that a launch, operation, or 
                reentry complies with representations stated in 
                the application;
                  (B) any additional requirement necessary to 
                protect the public health and safety, safety of 
                property, national security interests, and 
                foreign policy interests of the United States;
                  (C) by regulation that a requirement of a law 
                of the United States not be a requirement for a 
                license or permit if the Secretary, after 
                consulting with the head of the appropriate 
                executive agency, decides that the requirement 
                is not necessary to protect the public health 
                and safety, safety of property, and national 
                security and foreign policy interests of the 
                United States;
                  (D) additional license requirements, for a 
                launch vehicle carrying a human being for 
                compensation or hire, necessary to protect the 
                health and safety of crew, government 
                astronauts, or space flight participants, only 
                if such requirements are imposed pursuant to 
                final regulations issued in accordance with 
                subsection (c); and
                  (E) regulations establishing criteria for 
                accepting or rejecting an application for a 
                license or permit under this chapter within 60 
                days after receipt of such application.
          (3) The Secretary may waive a requirement, including 
        the requirement to obtain a license, for an individual 
        applicant if the Secretary decides that the waiver is 
        in the public interest and will not jeopardize the 
        public health and safety, safety of property, and 
        national security and foreign policy interests of the 
        United States. The Secretary may not grant a waiver 
        under this paragraph that would permit the launch or 
        reentry of a launch vehicle or a reentry vehicle 
        without a license or permit if a human being will be on 
        board.
          (4) The holder of a license or a permit under this 
        chapter may launch or reenter crew only if--
                  (A) the crew has received training and has 
                satisfied medical or other standards specified 
                in the license or permit in accordance with 
                regulations promulgated by the Secretary;
                  (B) the holder of the license or permit has 
                informed any individual serving as crew in 
                writing, prior to executing any contract or 
                other arrangement to employ that individual 
                (or, in the case of an individual already 
                employed as of the date of enactment of the 
                Commercial Space Launch Amendments Act of 2004, 
                as early as possible, but in any event prior to 
                any launch in which the individual will 
                participate as crew), that the United States 
                Government has not certified the launch vehicle 
                as safe for carrying crew or space flight 
                participants; and
                  (C) the holder of the license or permit and 
                crew have complied with all requirements of the 
                laws of the United States that apply to crew.
          (5) The holder of a license or a permit under this 
        chapter may launch or reenter a space flight 
        participant only if--
                  (A) in accordance with regulations 
                promulgated by the Secretary, the holder of the 
                license or permit has informed the space flight 
                participant in writing about the risks of the 
                launch and reentry, including the safety record 
                of the launch or reentry vehicle type, and the 
                Secretary has informed the space flight 
                participant in writing of any relevant 
                information related to risk or probable loss 
                during each phase of flight gathered by the 
                Secretary in making the determination required 
                by section 50914(a)(2) and (c);
                  (B) the holder of the license or permit has 
                informed any space flight participant in 
                writing, prior to receiving any compensation 
                from that space flight participant or (in the 
                case of a space flight participant not 
                providing compensation) otherwise concluding 
                any agreement to fly that space flight 
                participant, that the United States Government 
                has not certified the launch vehicle as safe 
                for carrying crew or space flight participants;
                  (C) in accordance with regulations 
                promulgated by the Secretary, the space flight 
                participant has provided written informed 
                consent to participate in the launch and 
                reentry and written certification of compliance 
                with any regulations promulgated under 
                paragraph (6)(A); and
                  (D) the holder of the license or permit has 
                complied with any regulations promulgated by 
                the Secretary pursuant to paragraph (6).
          (6)(A) The Secretary may issue regulations requiring 
        space flight participants to undergo an appropriate 
        physical examination prior to a launch or reentry under 
        this chapter. This subparagraph shall cease to be in 
        effect three years after the date of enactment of the 
        Commercial Space Launch Amendments Act of 2004.
          (B) The Secretary may issue additional regulations 
        setting reasonable requirements for space flight 
        participants, including medical and training 
        requirements. Such regulations shall not be effective 
        before the expiration of 3 years after the date of 
        enactment of the Commercial Space Launch Amendments Act 
        of 2004.
    (c) Safety Regulations.--
          (1) In general.--The Secretary may issue regulations 
        governing the design or operation of a launch vehicle 
        to protect the health and safety of crew, government 
        astronauts, and space flight participants.
          (2) Regulations.--Regulations issued under this 
        subsection shall--
                  (A) describe how such regulations would be 
                applied when the Secretary is determining 
                whether to issue a license under this chapter;
                  (B) apply only to launches in which a vehicle 
                will be carrying a human being for compensation 
                or hire;
                  (C) be limited to restricting or prohibiting 
                design features or operating practices that--
                          (i) have resulted in a serious or 
                        fatal injury (as defined in 49 CFR 830, 
                        as in effect on November 10, 2004) to 
                        crew, government astronauts, or space 
                        flight participants during a licensed 
                        or permitted commercial human space 
                        flight; or
                          (ii) contributed to an unplanned 
                        event or series of events during a 
                        licensed or permitted commercial human 
                        space flight that posed a high risk of 
                        causing a serious or fatal injury (as 
                        defined in 49 CFR 830, as in effect on 
                        November 10, 2004) to crew, government 
                        astronauts, or space flight 
                        participants; and (D) be issued with a 
                        description of the instance or 
                        instances when the design feature or 
                        operating practice being restricted or 
                        prohibited contributed to a result or 
                        event described in subparagraph (C).
          (3) Facilitation of standards.--The Secretary shall 
        continue to work with the commercial space sector, 
        including the Commercial Space Transportation Advisory 
        Committee, or its successor organization, to facilitate 
        the development of voluntary industry consensus 
        standards based on recommended best practices to 
        improve the safety of crew, government astronauts, and 
        space flight participants as the commercial space 
        sector continues to mature.
          (4) Communication and transparency.--Nothing in this 
        subsection shall be construed to limit the authority of 
        the Secretary to discuss potential regulatory 
        approaches, potential performance standards, or any 
        other topic related to this subsection with the 
        commercial space industry, including observations, 
        findings, and recommendations from the Commercial Space 
        Transportation Advisory Committee, or its successor 
        organization, prior to the issuance of a notice of 
        proposed rulemaking. Such discussions shall not be 
        construed to permit the Secretary to promulgate 
        industry regulations except as otherwise provided in 
        this section.
          (5) Interim voluntary industry consensus standards 
        reports.--
                  (A) In general.--Not later than December 31, 
                2016, and every 30 months thereafter until 
                December 31, 2021, the Secretary, in 
                consultation and coordination with the 
                commercial space sector, including the 
                Commercial Space Transportation Advisory 
                Committee, or its successor organization, shall 
                submit to the Committee on Commerce, Science, 
                and Transportation of the Senate and the 
                Committee on Science, Space, and Technology of 
                the House of Representatives a report on the 
                progress of the commercial space transportation 
                industry in developing voluntary industry 
                consensus standards that promote best practices 
                to improve industry safety.
                  (B) Contents.--The report shall include, at a 
                minimum--
                          (i) any voluntary industry consensus 
                        standards that have been accepted by 
                        the industry at large;
                          (ii) the identification of areas that 
                        have the potential to become voluntary 
                        industry consensus standards that are 
                        currently under consideration by the 
                        industry at large;
                          (iii) an assessment from the 
                        Secretary on the general progress of 
                        the industry in adopting voluntary 
                        industry consensus standards;
                          (iv) any lessons learned about 
                        voluntary industry consensus standards, 
                        best practices, and commercial space 
                        launch operations;
                          (v) any lessons learned associated 
                        with the development, potential 
                        application, and acceptance of 
                        voluntary industry consensus standards, 
                        best practices, and commercial space 
                        launch operations; and recommendations, 
                        findings, or observations from the 
                        Commercial Space
                          (vi) Transportation Advisory 
                        Committee, or its successor 
                        organization, on the progress of the 
                        industry in developing voluntary 
                        industry consensus standards that 
                        promote best practices to improve 
                        industry safety.
          (6) Report.--Not later than 270 days after the date 
        of enactment of the SPACE Act of 2015, the Secretary, 
        in consultation and coordination with the commercial 
        space sector, including the Commercial Space 
        Transportation Advisory Committee, or its successor 
        organization, shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Science, Space, and Technology of the 
        House of Representatives a report specifying key 
        industry metrics that might indicate readiness of the 
        commercial space sector and the Department of 
        Transportation to transition to a safety framework that 
        may include regulations under paragraph (9) that 
        considers space flight participant, government 
        astronaut, and crew safety.
          (7) Reports.--Not later than March 31 of each of 2018 
        and 2022, the Secretary, in consultation and 
        coordination with the commercial space sector, 
        including the Commercial Space Transportation Advisory 
        Committee, or its successor organization, shall submit 
        to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Science, Space, and Technology of the House of 
        Representatives a report that identifies the 
        activities, described in this subsection and subsection 
        (d) most appropriate for a new safety framework that 
        may include regulatory action, if any, and a proposed 
        transition plan for such safety framework.
          (8) Independent review.--Not later than December 31, 
        2022, an independent systems engineering and technical 
        assistance organization or standards development 
        organization contracted by the Secretary shall submit 
        to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Science, Space, and Technology of the House of 
        Representatives an assessment of the readiness of the 
        commercial space industry and the Federal Government to 
        transition to a safety framework that may include 
        regulations. As part of the review, the contracted 
        organization shall evaluate--
                  (A) the progress of the commercial space 
                industry in adopting voluntary industry 
                consensus standards as reported by the 
                Secretary in the interim assessments included 
                in the reports under paragraph (5);
                  (B) the progress of the commercial space 
                industry toward meeting the key industry 
                metrics identified by the report under 
                paragraph (6), including the knowledge and 
                operational experience obtained by the 
                commercial space industry while providing 
                services for compensation or hire; and
                  (C) whether the areas identified in the 
                reports under paragraph (5) are appropriate for 
                regulatory action, or further development of 
                voluntary industry consensus standards, 
                considering the progress evaluated in 
                subparagraphs (A) and (B) of this paragraph.
          (9) Learning period.--Beginning on October 1, 2023, 
        the Secretary may propose regulations under this 
        subsection without regard to subparagraphs (C) and (D) 
        of paragraph (2). The development of any such 
        regulations shall take into consideration the evolving 
        standards of the commercial space flight industry as 
        identified in the reports published under paragraphs 
        (5), (6), and (7).
          (10) Rule of construction.--Nothing in this 
        subsection shall be construed to limit the authority of 
        the Secretary to issue requirements or regulations to 
        protect the public health and safety, safety of 
        property, national security interests, and foreign 
        policy interests of the United States.
    (d) Procedures and Timetables.--The Secretary shall 
establish procedures and timetables that expedite review of a 
license or permit application and reduce the regulatory burden 
for an applicant.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1333, 
Sec. 70105 of title 49; Pub. L. 105-303, title I, 
Sec. 102(a)(6), Oct. 28, 1998, 112 Stat. 2848; Pub. L. 108-492, 
Sec. 2(c)(6)-(15), Dec. 23, 2004, 118 Stat. 3976-3979; 
renumbered Sec. 70105 then Sec. 50905 of title 51 and amended 
Pub. L. 111-314, Sec. 4(d)(2), (3)(E), (5)(F), Dec. 18, 2010, 
124 Stat. 3440, 3441; Pub. L. 112-95, title VIII, Sec. 827, 
Feb. 14, 2012, 126 Stat. 133; Pub. L. 114-55, title I, 
Sec. 102(e), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114-90, 
title I, Sec. Sec. 111, 112(l), Nov. 25, 2015, 129 Stat. 709, 
713.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70105(a).............................  49 App.:2606 (1st sentence).       Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           Sec.  7 (1st sentence), 8, 9(a), (b),
                                                                           98 Stat. 3058.
                                       49 App.:2608(a) (1st sentence),
                                        (b) (1st, 3d, last sentences).
70105(b)(1)..........................  49 App.:2607(a)(1).
70105(b)(2)(A).......................  49 App.:2608(b) (2d sentence).
70105(b)(2)(B).......................  49 App.:2607(b).
70105(b)(2)(C).......................  49 App.:2607(a)(2).
70105(b)(3)..........................  49 App.:2607(c).
70105(c).............................  49 App.:2608(a) (last sentence).
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``for launching one or more 
launch vehicles or for operating one or more launch sites, or 
both'' in 49 App.:2606 are omitted as surplus.
    In subsection (b)(2)(C), the words ``that would otherwise 
apply to the launch of a launch vehicle or the operation of a 
launch site'' are omitted as surplus. The words ``the head of'' 
are added for consistency in the revised title and with other 
titles of the United States Code.

                           REFERENCES IN TEXT

    Subsection (b)(2)(D), referred to in subsec. (a)(1), was 
redesignated subsection (b)(2)(E) by Pub. L. 108-492, 
Sec. 2(c)(10), Dec. 23, 2004, 118 Stat. 3977.
    The date of enactment of the Commercial Space Launch 
Amendments Act of 2004, referred to in subsec. (b)(4)(B), (6), 
is the date of enactment of Pub. L. 108-492, which was approved 
Dec. 23, 2004.
    The date of enactment of the SPACE Act of 2015, referred to 
in subsec. (c)(6), is the date of enactment of title I of Pub. 
L. 114-90, which was approved Nov. 25, 2015.

                               AMENDMENTS

    2015--Subsec. (a)(2). Pub. L. 114-90, Sec. 112(l)(1), 
substituted ``crew, government astronauts, and space flight 
participants'' for ``crews and space flight participants''.
    Subsec. (b)(2)(D). Pub. L. 114-90, Sec. 112(l)(2), 
substituted ``crew, government astronauts, or space flight 
participants'' for ``crew or space flight participants''.
    Subsec. (c)(1). Pub. L. 114-90, Sec. Sec. 111(1), 
112(l)(3)(A), inserted ``In general.--'' before ``The 
Secretary'' and substituted ``crew, government astronauts, and 
space flight participants'' for ``crew and space flight 
participants''.
    Subsec. (c)(2). Pub. L. 114-90, Sec. 111(2), inserted 
``Regulations.--'' before ``Regulations'' in introductory 
provisions.
    Subsec. (c)(2)(C). Pub. L. 114-90, Sec. 112(l)(3)(B), 
substituted ``to crew, government astronauts, or space flight 
participants'' for ``to crew or space flight participants'' in 
cls. (i) and (ii).
    Subsec. (c)(3). Pub. L. 114-90, Sec. 111(3), (5), added 
par. (3) and struck out former par. (3) which read as follows: 
``Beginning on April 1, 2016, the Secretary may propose 
regulations under this subsection without regard to paragraph 
(2)(C) and (D). Any such regulations shall take into 
consideration the evolving standards of safety in the 
commercial space flight industry.''
    Pub. L. 114-55 substituted ``April 1, 2016,'' for ``October 
1, 2015,''.
    Subsec. (c)(4). Pub. L. 114-90, Sec. 111(5), added par. 
(4). Former par. (4) redesignated (10).
    Subsec. (c)(5) to (9). Pub. L. 114-90, Sec. 111(5), added 
pars. (5) to (9).
    Subsec. (c)(10). Pub. L. 114-90, Sec. 111(4), (6), 
redesignated par. (4) as (10) and inserted ``Rule of 
construction.--'' before ``Nothing''.
    2012--Subsec. (c)(3). Pub. L. 112-95 substituted 
``Beginning on October 1, 2015,'' for ``Beginning 8 years after 
the date of enactment of the Commercial Space Launch Amendments 
Act of 2004,''.
    2010--Pub. L. 111-314, Sec. 4(d)(2), (3)(E), successively 
renumbered section 70105 of title 49 and section 70105 of this 
title as this section.
    Subsec. (b)(5)(A). Pub. L. 111-314, Sec. 4(d)(5)(F), 
substituted ``section 50914(a)(2) and (c)'' for ``section 
70112(a)(2) and (c)''.
    2004--Subsec. (a)(1). Pub. L. 108-492, Sec. 2(c)(6)(A), 
substituted ``the Secretary has not taken action on a license 
application'' for ``a license is not issued''.
    Subsec. (a)(2). Pub. L. 108-492, Sec. 2(c)(6)(B), inserted 
``(including approval procedures for the purpose of protecting 
the health and safety of crews and space flight participants, 
to the extent permitted by subsections (b) and (c))'' after 
``or personnel''.
    Subsec. (b)(1). Pub. L. 108-492, Sec. 2(c)(7), inserted 
``or permit'' after ``for a license''.
    Subsec. (b)(2)(B). Pub. L. 108-492, Sec. 2(c)(8), 
substituted ``any'' for ``an''.
    Subsec. (b)(2)(C). Pub. L. 108-492, Sec. 2(c)(9), inserted 
``or permit'' after ``for a license'' and struck out ``and'' at 
end.
    Subsec. (b)(2)(D). Pub. L. 108-492, Sec. 2(c)(10), added 
subpar. (D). Former subpar. (D) redesignated (E).
    Subsec. (b)(2)(E). Pub. L. 108-492, Sec. 2(c)(10), (11), 
redesignated subpar. (D) as (E) and inserted ``or permit'' 
after ``for a license''.
    Subsec. (b)(3). Pub. L. 108-492, Sec. 2(c)(12), inserted at 
end ``The Secretary may not grant a waiver under this paragraph 
that would permit the launch or reentry of a launch vehicle or 
a reentry vehicle without a license or permit if a human being 
will be on board.''
    Subsec. (b)(4) to (6). Pub. L. 108-492, Sec. 2(c)(13), 
added pars. (4) to (6).
    Subsec. (c). Pub. L. 108-492, Sec. 2(c)(14), added subsec. 
(c). Former subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 108-492, Sec. 2(c)(14), (15), 
redesignated subsec. (c) as (d) and inserted ``or permit'' 
after ``of a license''.
    1998--Subsec. (a). Pub. L. 105-303, Sec. 102(a)(6)(B), 
substituted ``accepting an application in accordance with 
criteria established pursuant to subsection (b)(2)(D)'' for 
``receiving an application'' in two places.
    Pub. L. 105-303, Sec. 102(a)(6)(A), (C), designated 
existing provisions as par. (1), inserted ``The Secretary shall 
transmit to the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a written notice not later than 30 
days after any occurrence when a license is not issued within 
the deadline established by this subsection.'' at end of par. 
(1), and added par. (2).
    Subsec. (b)(1). Pub. L. 105-303, Sec. 102(a)(6)(D), 
inserted ``or a reentry site, or the reentry of a reentry 
vehicle,'' after ``operation of a launch site''.
    Subsec. (b)(2)(A). Pub. L. 105-303, Sec. 102(a)(6)(E), 
substituted ``, operation, or reentry'' for ``or operation''.
    Subsec. (b)(2)(D). Pub. L. 105-303, Sec. 102(a)(6)(F)-(H), 
added subpar. (D).
    Subsec. (b)(3). Pub. L. 105-303, Sec. 102(a)(6)(I), 
inserted ``, including the requirement to obtain a license,'' 
after ``waive a requirement''.

                             CHANGE OF NAME

    Committee on Science of House of Representatives changed to 
Committee on Science and Technology of House of Representatives 
by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 
2007. Committee on Science and Technology of House of 
Representatives changed to Committee on Science, Space, and 
Technology of House of Representatives by House Resolution No. 
5, One Hundred Twelfth Congress, Jan. 5, 2011.

Sec. 50906. Experimental permits

    (a) A person may apply to the Secretary of Transportation 
for an experimental permit under this section in the form and 
manner the Secretary prescribes. Consistent with the protection 
of the public health and safety, safety of property, and 
national security and foreign policy interests of the United 
States, the Secretary, not later than 120 days after receiving 
an application pursuant to this section, shall issue a permit 
if the Secretary decides in writing that the applicant 
complies, and will continue to comply, with this chapter and 
regulations prescribed under this chapter. The Secretary shall 
inform the applicant of any pending issue and action required 
to resolve the issue if the Secretary has not made a decision 
not later than 90 days after receiving an application. The 
Secretary shall transmit to the Committee on Science of the 
House of Representatives and Committee on Commerce, Science, 
and Transportation of the Senate a written notice not later 
than 15 days after any occurrence when the Secretary has failed 
to act on a permit within the deadline established by this 
section.
    (b) In carrying out subsection (a), the Secretary may 
establish procedures for safety approvals of launch vehicles, 
reentry vehicles, safety systems, processes, services, or 
personnel that may be used in conducting commercial space 
launch or reentry activities pursuant to a permit.
    (c) In order to encourage the development of a commercial 
space flight industry, the Secretary may when issuing permits 
use the authority granted under section 50905(b)(2)(C).
    (d) The Secretary may issue a permit only for reusable 
suborbital rockets or reusable launch vehicles that will be 
launched into a suborbital trajectory or reentered under that 
permit solely for--
          (1) research and development to test design concepts, 
        equipment, or operating techniques;
          (2) showing compliance with requirements as part of 
        the process for obtaining a license under this chapter; 
        or
          (3) crew training for a launch or reentry using the 
        design of the rocket or vehicle for which the permit 
        would be issued.
    (e) Permits issued under this section shall--
          (1) authorize an unlimited number of launches and 
        reentries for a particular suborbital rocket or 
        suborbital rocket design, or for a particular reusable 
        launch vehicle or reusable launch vehicle design, for 
        the uses described in subsection (d); and
          (2) specify the type of modifications that may be 
        made to the suborbital rocket or launch vehicle without 
        changing the design to an extent that would invalidate 
        the permit.
    (f) Permits shall not be transferable.
    (g) The Secretary may issue a permit under this section 
notwithstanding any license issued under this chapter. The 
issuance of a license under this chapter may not invalidate a 
permit issued under this section.
    (h) No person may operate a reusable suborbital rocket or 
reusable launch vehicle under a permit for carrying any 
property or human being for compensation or hire.
    (i) For the purposes of sections 50907, 50908, 50909, 
50910, 50912, 50914, 50917, 50918, 50919, and 50923 of this 
chapter--
          (1) a permit shall be considered a license;
          (2) the holder of a permit shall be considered a 
        licensee;
          (3) a vehicle operating under a permit shall be 
        considered to be licensed; and
          (4) the issuance of a permit shall be considered 
        licensing.
    This subsection shall not be construed to allow the 
transfer of a permit.

(Added Pub. L. 108-492, Sec. 2(c)(16), Dec. 23, 2004, 118 Stat. 
3979, Sec. 70105a of title 49; renumbered Sec. 70105a then 
Sec. 50906 of title 51 and amended Pub. L. 111-314, 
Sec. 4(d)(2), (3)(F), (5)(G), (H), Dec. 18, 2010, 124 Stat. 
3440-3442; Pub. L. 114-90, title I, Sec. 104, Nov. 25, 2015, 
129 Stat. 706.)

                               AMENDMENTS

    2015--Subsec. (d). Pub. L. 114-90, Sec. 104(1)(A), 
substituted ``or reusable launch vehicles that will be launched 
into a suborbital trajectory or reentered under that permit'' 
for ``that will be launched or reentered'' in introductory 
provisions.
    Subsec. (d)(1). Pub. L. 114-90, Sec. 104(1)(B), amended 
par. (1) generally. Prior to amendment, par. (1) read as 
follows: ``research and development to test new design 
concepts, new equipment, or new operating techniques;''.
    Subsec. (d)(3). Pub. L. 114-90, Sec. 104(1)(C), struck out 
``prior to obtaining a license'' after ``crew training'' and 
inserted ``or vehicle'' after ``design of the rocket''.
    Subsec. (e)(1). Pub. L. 114-90, Sec. 104(2)(A), substituted 
``suborbital rocket or suborbital rocket design, or for a 
particular reusable launch vehicle or reusable launch vehicle 
design,'' for ``suborbital rocket design''.
    Subsec. (e)(2). Pub. L. 114-90, Sec. 104(2)(B), inserted 
``or launch vehicle'' after ``the suborbital rocket''.
    Subsec. (g). Pub. L. 114-90, Sec. 104(3), amended subsec. 
(g) generally. Prior to amendment, subsec. (g) read as follows: 
``A permit may not be issued for, and a permit that has already 
been issued shall cease to be valid for, a particular design 
for a reusable suborbital rocket after a license has been 
issued for the launch or reentry of a rocket of that design.''
    Subsec. (h). Pub. L. 114-90, Sec. 104(4), inserted ``or 
reusable launch vehicle'' after ``suborbital rocket''.
    2010--Pub. L. 111-314, Sec. 4(d)(2), (3)(F), successively 
renumbered section 70105a of title 49 and section 70105a of 
this title as this section.
    Subsec. (c). Pub. L. 111-314, Sec. 4(d)(5)(G), substituted 
``section 50905(b)(2)(C)'' for ``section 70105(b)(2)(C)''.
    Subsec. (i). Pub. L. 111-314, Sec. 4(d)(5)(H), substituted 
``sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 
50918, 50919, and 50923'' for ``sections 70106, 70107, 70108, 
70109, 70110, 70112, 70115, 70116, 70117, and 70121'' in 
introductory provisions.

                             CHANGE OF NAME

    Committee on Science of House of Representatives changed to 
Committee on Science and Technology of House of Representatives 
by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 
2007. Committee on Science and Technology of House of 
Representatives changed to Committee on Science, Space, and 
Technology of House of Representatives by House Resolution No. 
5, One Hundred Twelfth Congress, Jan. 5, 2011.

Sec. 50907. Monitoring activities

    (a) General Requirements.--A licensee under this chapter 
must allow the Secretary of Transportation to place an officer 
or employee of the United States Government or another 
individual as an observer at a launch site or reentry site the 
licensee uses, at a production facility or assembly site a 
contractor of the licensee uses to produce or assemble a launch 
vehicle or reentry vehicle, at a site not owned or operated by 
the Federal Government or a foreign government used for crew, 
government astronaut, or space flight participant training, or 
at a site at which a payload is integrated with a launch 
vehicle or reentry vehicle. The observer will monitor the 
activity of the licensee or contractor at the time and to the 
extent the Secretary considers reasonable to ensure compliance 
with the license or to carry out the duties of the Secretary 
under sections 50904(c), 50905, and 50906 of this title. A 
licensee must cooperate with an observer carrying out this 
subsection.
    (b) Contracts.--To the extent provided in advance in an 
appropriation law, the Secretary may make a contract with a 
person to carry out subsection (a) of this section.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1334, 
Sec. 70106 of title 49; Pub. L. 105-303, title I, 
Sec. 102(a)(7), Oct. 28, 1998, 112 Stat. 2848; Pub. L. 108-492, 
Sec. 2(c)(17), Dec. 23, 2004, 118 Stat. 3980; renumbered 
Sec. 70106 then Sec. 50907 of title 51 and amended Pub. L. 111-
314, Sec. 4(d)(2), (3)(G), (5)(I), Dec. 18, 2010, 124 Stat. 
3440-3442; Pub. L. 114-90, title I, Sec. 112(m), Nov. 25, 2015, 
129 Stat. 713.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70106(a).............................  49 App.:2613(a).                   Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           14, 98 Stat. 3060.
70106(b).............................  49 App.:2613(b).
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the word ``duties'' is substituted for 
``responsibilities'' for consistency in the revised title and 
with other titles of the United States Code.

                               AMENDMENTS

    2015--Subsec. (a). Pub. L. 114-90 substituted ``at a site 
not owned or operated by the Federal Government or a foreign 
government used for crew, government astronaut, or space flight 
participant training'' for ``at a site used for crew or space 
flight participant training''.
    2010--Pub. L. 111-314, Sec. 4(d)(2), (3)(G), successively 
renumbered section 70106 of title 49 and section 70106 of this 
title as this section.
    Subsec. (a). Pub. L. 111-314, Sec. 4(d)(5)(I), substituted 
``sections 50904(c), 50905, and 50906'' for ``sections 
70104(c), 70105, and 70105a''.
    2004--Subsec. (a). Pub. L. 108-492 inserted ``at a site 
used for crew or space flight participant training,'' after 
``assemble a launch vehicle or reentry vehicle,'' and 
substituted ``sections 70104(c), 70105, and 70105a'' for 
``section 70104(c)''.
    1998--Subsec. (a). Pub. L. 105-303, in first sentence, 
inserted ``or reentry site'' after ``observer at a launch 
site'' and ``or reentry vehicle'' after ``assemble a launch 
vehicle'' and after ``with a launch vehicle''.

Sec. 50908. Effective periods, and modifications, suspensions, and 
                    revocations, of licenses

    (a) Effective Periods of Licenses.--The Secretary of 
Transportation shall specify the period for which a license 
issued or transferred under this chapter is in effect.
    (b) Modifications.--
          (1) On the initiative of the Secretary or on 
        application of the licensee, the Secretary may modify a 
        license issued or transferred under this chapter if the 
        Secretary decides the modification will comply with 
        this chapter.
          (2) The Secretary shall modify a license issued or 
        transferred under this chapter whenever a modification 
        is needed for the license to be in conformity with a 
        regulation that was issued pursuant to section 50905(c) 
        after the issuance of the license. This paragraph shall 
        not apply to permits.
    (c) Suspensions and Revocations.--The Secretary may suspend 
or revoke a license if the Secretary decides that--
          (1) the licensee has not complied substantially with 
        a requirement of this chapter or a regulation 
        prescribed under this chapter; or
          (2) the suspension or revocation is necessary to 
        protect the public health and safety, the safety of 
        property, or a national security or foreign policy 
        interest of the United States.
    (d) Additional Suspensions.--
          (1) The Secretary may suspend a license when a 
        previous launch or reentry under the license has 
        resulted in a serious or fatal injury (as defined in 49 
        CFR 830, as in effect on November 10, 2004) to any 
        human being and the Secretary has determined that 
        continued operations under the license are likely to 
        cause additional serious or fatal injury (as defined in 
        49 CFR 830, as in effect on November 10, 2004) to any 
        human being.
          (2) Any suspension imposed under this subsection 
        shall be for as brief a period as possible and, in any 
        event, shall cease when the Secretary--
                  (A) has determined that the licensee has 
                taken sufficient steps to reduce the likelihood 
                of a recurrence of the serious or fatal injury; 
                or
                  (B) has modified the license pursuant to 
                subsection (b) to sufficiently reduce the 
                likelihood of a recurrence of the serious or 
                fatal injury.
          (3) This subsection shall not apply to permits.
    (e) Effective Periods of Modifications, Suspensions, and 
Revocations.--Unless the Secretary specifies otherwise, a 
modification, suspension, or revocation under this section 
takes effect immediately and remains in effect during a review 
under section 50912 of this title.
    (f) Notification.--The Secretary shall notify the licensee 
in writing of the decision of the Secretary under this section 
and any action the Secretary takes or proposes to take based on 
the decision.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1334, 
Sec. 70107 of title 49; Pub. L. 108-492, Sec. 2(c)(18), (19), 
Dec. 23, 2004, 118 Stat. 3980; renumbered Sec. 70107 then 
Sec. 50908 of title 51 and amended Pub. L. 111-314, 
Sec. 4(d)(2), (3)(H), (5)(J), (K), Dec. 18, 2010, 124 Stat. 
3440-3442; Pub. L. 114-90, title I, Sec. 112(n), Nov. 25, 2015, 
129 Stat. 713.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70107(a).............................  49 App.:2606 (last sentence).      Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           Sec.  7 (last sentence), 10, 98 Stat.
                                                                           3058, 3059.
70107(b).............................  49 App.:2609(b).
70107(c).............................  49 App.:2609(a).
70107(d).............................  49 App.:2609(c).
70107(e).............................  49 App.:2609(d).
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``of time'' and ``in 
accordance with regulations issued under this chapter'' are 
omitted as surplus.
    In subsection (b), the words ``the requirements of'' are 
omitted as surplus.
    In subsection (e), the words ``Whenever the Secretary takes 
any action'' are omitted as surplus.

                               AMENDMENTS

    2015--Subsec. (d)(1). Pub. L. 114-90 substituted ``to any 
human being'' for ``to crew or space flight participants'' in 
two places.
    2010--Pub. L. 111-314, Sec. 4(d)(2), (3)(H), successively 
renumbered section 70107 of title 49 and section 70107 of this 
title as this section.
    Subsec. (b)(2). Pub. L. 111-314, Sec. 4(d)(5)(J), 
substituted ``section 50905(c)'' for ``section 70105(c)''.
    Subsec. (e). Pub. L. 111-314, Sec. 4(d)(5)(K), substituted 
``section 50912'' for ``section 70110''.
    2004--Subsec. (b). Pub. L. 108-492, Sec. 2(c)(18), 
designated existing text as par. (1) and added par. (2).
    Subsecs. (d) to (f). Pub. L. 108-492, Sec. 2(c)(19), added 
subsec. (d) and redesignated former subsecs. (d) and (e) as (e) 
and (f), respectively.

Sec. 50909. Prohibition, suspension, and end of launches, operation of 
                    launch sites and reentry sites, and reentries

    (a) General Authority.--The Secretary of Transportation may 
prohibit, suspend, or end immediately the launch of a launch 
vehicle or the operation of a launch site or reentry site, or 
reentry of a reentry vehicle, licensed under this chapter if 
the Secretary decides the launch or operation or reentry is 
detrimental to the public health and safety, the safety of 
property, or a national security or foreign policy interest of 
the United States.
    (b) Effective Periods of Orders.--An order under this 
section takes effect immediately and remains in effect during a 
review under section 50912 of this title.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1334, 
Sec. 70108 of title 49; Pub. L. 105-303, title I, 
Sec. 102(a)(8), Oct. 28, 1998, 112 Stat. 2848; renumbered 
Sec. 70108 then Sec. 50909 of title 51 and amended Pub. L. 111-
314, Sec. 4(d)(2), (3)(I), (5)(L), Dec. 18, 2010, 124 Stat. 
3440-3442.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70108(a).............................  49 App.:2610(a).                   Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           11, 98 Stat. 3059.
70108(b).............................  49 App.:2610(b).
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2010--Pub. L. 111-314, Sec. 4(d)(2), (3)(I), successively 
renumbered section 70108 of title 49 and section 70108 of this 
title as this section.
    Subsec. (b). Pub. L. 111-314, Sec. 4(d)(5)(L), substituted 
``section 50912'' for ``section 70110''.
    1998--Pub. L. 105-303, Sec. 102(a)(8)(A), substituted 
``Prohibition, suspension, and end of launches, operation of 
launch sites and reentry sites, and reentries'' for 
``Prohibition, suspension, and end of launches and operation of 
launch sites'' in section catchline.
    Subsec. (a). Pub. L. 105-303, Sec. 102(a)(8)(B), inserted 
``or reentry site, or reentry of a reentry vehicle,'' after 
``operation of a launch site'' and ``or reentry'' after 
``launch or operation''.

Sec. 50910. Preemption of scheduled launches or reentries

    (a) General.--With the cooperation of the Secretary of 
Defense and the Administrator of the National Aeronautics and 
Space Administration, the Secretary of Transportation shall act 
to ensure that a launch or reentry of a payload is not 
preempted from access to a United States Government launch 
site, reentry site, or launch property, except for imperative 
national need, when a launch date commitment or reentry date 
commitment from the Government has been obtained for a launch 
or reentry licensed under this chapter. A licensee or 
transferee preempted from access to a launch site, reentry 
site, or launch property does not have to pay the Government 
any amount for launch services, or services related to a 
reentry, attributable only to the scheduled launch or reentry 
prevented by the preemption.
    (b) Imperative National Need Decisions.--In consultation 
with the Secretary of Transportation, the Secretary of Defense 
or the Administrator shall decide when an imperative national 
need requires preemption under subsection (a) of this section. 
That decision may not be delegated.
    (c) Reports.--In cooperation with the Secretary of 
Transportation, the Secretary of Defense or the Administrator, 
as appropriate, shall submit to Congress not later than 7 days 
after a decision to preempt under subsection (a) of this 
section, a report that includes an explanation of the 
circumstances justifying the decision and a schedule for 
ensuring the prompt launching or reentry of a preempted 
payload.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1335, 
Sec. 70109 of title 49; Pub. L. 105-303, title I, 
Sec. 102(a)(9), Oct. 28, 1998, 112 Stat. 2849; renumbered 
Sec. 70109 then Sec. 50910 of title 51, Pub. L. 111-314, 
Sec. 4(d)(2), (3)(J), Dec. 18, 2010, 124 Stat. 3440, 3441.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70109(a).............................  49 App.:2614(b)(4)(A) (1st, last   Oct. 30, 1984, Pub. L. 98-575, 98
                                        sentences).                        Stat. 3055, Sec.  15(b)(4); added
                                                                           Nov. 15, 1988, Pub. L. 100-657, Sec.
                                                                           7, 102 Stat. 3906.
70109(b).............................  49 App.:2614(b)(4)(A) (2d
                                        sentence).
70109(c).............................  49 App.:2614(b)(4)(B).
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2010--Pub. L. 111-314 successively renumbered section 70109 
of title 49 and section 70109 of this title as this section.
    1998--Pub. L. 105-303, Sec. 102(a)(9)(A), substituted 
``Preemption of scheduled launches or reentries'' for 
``Preemption of scheduled launches'' in section catchline.
    Subsec. (a). Pub. L. 105-303, Sec. 102(a)(9)(B), inserted 
``or reentry'' after ``ensure that a launch'', ``, reentry 
site,'' after ``United States Government launch site'', ``or 
reentry date commitment'' after ``launch date commitment'', 
``or reentry'' after ``obtained for a launch'', ``, reentry 
site,'' after ``access to a launch site'', ``, or services 
related to a reentry,'' after ``amount for launch services'', 
and ``or reentry'' after ``the scheduled launch''. Subsec. (c). 
Pub. L. 105-303, Sec. 102(a)(9)(C), inserted ``or reentry'' 
after ``prompt launching''.

Sec. 50911. Space advertising

    (a) Licensing.--Notwithstanding the provisions of this 
chapter or any other provision of law, the Secretary may not, 
for the launch of a payload containing any material to be used 
for the purposes of obtrusive space advertising--
          (1) issue or transfer a license under this chapter; 
        or
          (2) waive the license requirements of this chapter.
    (b) Launching.--No holder of a license under this chapter 
may launch a payload containing any material to be used for 
purposes of obtrusive space advertising.
    (c) Commercial Space Advertising.--Nothing in this section 
shall apply to nonobtrusive commercial space advertising, 
including advertising on--
          (1) commercial space transportation vehicles;
          (2) space infrastructure payloads;
          (3) space launch facilities; and
          (4) launch support facilities.

(Added Pub. L. 106-391, title III, Sec. 322(b), Oct. 30, 2000, 
114 Stat. 1598, Sec. 70109a of title 49; renumbered Sec. 70109a 
then Sec. 50911 of title 51, Pub. L. 111-314, Sec. 4(d)(2), 
(3)(K), Dec. 18, 2010, 124 Stat. 3440, 3441.)

                               AMENDMENTS

    2010--Pub. L. 111-314 successively renumbered section 
70109a of title 49 and section 70109a of this title as this 
section.

               NEGOTIATION WITH FOREIGN LAUNCHING NATIONS

    Pub. L. 106-391, title III, Sec. 322(c), Oct. 30, 2000, 114 
Stat. 1598, provided that:
          ``(1) The President is requested to negotiate with 
        foreign launching nations for the purpose of reaching 
        one or more agreements that prohibit the use of outer 
        space for obtrusive space advertising purposes.
          ``(2) It is the sense of the Congress that the 
        President should take such action as is appropriate and 
        feasible to enforce the terms of any agreement to 
        prohibit the use of outer space for obtrusive space 
        advertising purposes.
          ``(3) As used in this subsection, the term `foreign 
        launching nation' means a nation--
                  ``(A) that launches, or procures the 
                launching of, a payload into outer space; or
                  ``(B) from the territory or facility of which 
                a payload is launched into outer space.''

Sec. 50912. Administrative hearings and judicial review

    (a) Administrative Hearings.--The Secretary of 
Transportation shall provide an opportunity for a hearing on 
the record to--
          (1) an applicant under this chapter, for a decision 
        of the Secretary under section 50905(a) or 50906 of 
        this title to issue or transfer a license with terms or 
        deny the issuance or transfer of a license;
          (2) an owner or operator of a payload under this 
        chapter, for a decision of the Secretary under section 
        50904(c) of this title to prevent the launch or reentry 
        of the payload; and
          (3) a licensee under this chapter, for a decision of 
        the Secretary under--
                  (A) section 50908(b) or (c) of this title to 
                modify, suspend, or revoke a license; or
                  (B) section 50909(a) of this title to 
                prohibit, suspend, or end a launch or operation 
                of a launch site or reentry site, or reentry of 
                a reentry vehicle, licensed by the Secretary.
    (b) Judicial Review.--A final action of the Secretary under 
this chapter is subject to judicial review as provided in 
chapter 7 of title 5.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1335, 
Sec. 70110 of title 49; Pub. L. 105-303, title I, 
Sec. 102(a)(10), Oct. 28, 1998, 112 Stat. 2849; Pub. L. 108-
492, Sec. 2(c)(20), Dec. 23, 2004, 118 Stat. 3981; renumbered 
Sec. 70110 then Sec. 50912 of title 51 and amended Pub. L. 111-
314, Sec. 4(d)(2), (3)(L), (5)(M)-(P), Dec. 18, 2010, 124 Stat. 
3440-3442.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70110(a)(1)..........................  49 App.:2611(a)(1) (1st            Oct. 30, 1984, Pub. L. 98-575, Sec.
                                        sentence).                         12, 98 Stat. 3060.
70110(a)(2)..........................  49 App.:2611(a)(1) (last
                                        sentence).
70110(a)(3)..........................  49 App.:2611(a)(2).
70110(b).............................  49 App.:2611(b).
----------------------------------------------------------------------------------------------------------------

    In subsection (a), before clause (1), the words ``The 
Secretary of Transportation shall provide an opportunity for a 
hearing on the record to'' are substituted for ``shall be 
entitled to a determination on the record after an opportunity 
for a hearing'' for consistency in the revised title. The words 
``in accordance with section 554 of title 5'' are omitted for 
consistency and because 5:554 applies to a hearing on the 
record unless otherwise stated. In clause (1), the words ``and 
a proposed transferee of a license'' are omitted as being 
included in ``applicant''.
    In subsection (b), the words ``to issue, transfer, deny the 
issuance or transfer of, suspend, revoke, or modify a license 
or to terminate, prohibit, or suspend any launch or operation 
of a launch site licensed by the Secretary or to prevent the 
launch of a payload'' are omitted as surplus.

                               AMENDMENTS

    2010--Pub. L. 111-314, Sec. 4(d)(2), (3)(L), successively 
renumbered section 70110 of title 49 and section 70110 of this 
title as this section.
    Subsec. (a)(1). Pub. L. 111-314, Sec. 4(d)(5)(M), 
substituted ``section 50905(a) or 50906'' for ``section 
70105(a) or 70105a''.
    Subsec. (a)(2). Pub. L. 111-314, Sec. 4(d)(5)(N), 
substituted ``section 50904(c)'' for ``section 70104(c)''.
    Subsec. (a)(3)(A). Pub. L. 111-314, Sec. 4(d)(5)(O), 
substituted ``section 50908(b) or (c)'' for ``section 70107(b) 
or (c)''.
    Subsec. (a)(3)(B). Pub. L. 111-314, Sec. 4(d)(5)(P), 
substituted ``section 50909(a)'' for ``section 70108(a)''.
    2004--Subsec. (a)(1). Pub. L. 108-492 inserted ``or 
70105a'' after ``70105(a)''.
    1998--Subsec. (a)(2). Pub. L. 105-303, Sec. 102(a)(10)(A), 
inserted ``or reentry'' after ``prevent the launch''.
    Subsec. (a)(3)(B). Pub. L. 105-303, Sec. 102(a)(10)(B), 
inserted ``or reentry site, or reentry of a reentry vehicle,'' 
after ``operation of a launch site''

Sec. 50913. Acquiring United States Government property and services

    (a) General Requirements and Considerations.--
          (1) The Secretary of Transportation shall facilitate 
        and encourage the acquisition by the private sector and 
        State governments of--
                  (A) launch or reentry property of the United 
                States Government that is excess or otherwise 
                is not needed for public use; and
                  (B) launch services and reentry services, 
                including utilities, of the Government 
                otherwise not needed for public use.
          (2) In acting under paragraph (1) of this subsection, 
        the Secretary shall consider the commercial 
        availability on reasonable terms of substantially 
        equivalent launch property or launch services or 
        reentry services from a domestic source, whether such 
        source is located on or off a Federal range.
    (b) Price.--
          (1) In this subsection, ``direct costs'' means the 
        actual costs that--
                  (A) can be associated unambiguously with a 
                commercial launch or reentry effort; and
                  (B) the Government would not incur if there 
                were no commercial launch or reentry effort.
          (2) In consultation with the Secretary, the head of 
        the executive agency providing the property or service 
        under subsection (a) of this section shall establish 
        the price for the property or service. The price for--
                  (A) acquiring launch property by sale or 
                transaction instead of sale is the fair market 
                value;
                  (B) acquiring launch property (except by sale 
                or transaction instead of sale) is an amount 
                equal to the direct costs, including specific 
                wear and tear and property damage, the 
                Government incurred because of acquisition of 
                the property; and
                  (C) launch services or reentry services is an 
                amount equal to the direct costs, including the 
                basic pay of Government civilian and contractor 
                personnel, the Government incurred because of 
                acquisition of the services.
          (3) The Secretary shall ensure the establishment of 
        uniform guidelines for, and consistent implementation 
        of, this section by all Federal agencies.
    (c) Collection by Secretary.--The Secretary may collect a 
payment under this section with the consent of the head of the 
executive agency establishing the price. Amounts collected 
under this subsection shall be deposited in the Treasury. 
Amounts (except for excess launch property) shall be credited 
to the appropriation from which the cost of providing the 
property or services was paid.
    (d) Collection by Other Governmental Heads.--The head of a 
department, agency, or instrumentality of the Government may 
collect a payment for an activity involved in producing a 
launch vehicle or reentry vehicle, or the payload of either, 
for launch or reentry if the activity was agreed to by the 
owner or manufacturer of the launch vehicle, reentry vehicle, 
or payload.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1335, 
Sec. 70111 of title 49; Pub. L. 105-303, title I, 
Sec. 102(a)(11), Oct. 28, 1998, 112 Stat. 2849; renumbered 
Sec. 70111 then Sec. 50913 of title 51, Pub. L. 111-314, 
Sec. 4(d)(2), (3)(M), Dec. 18, 2010, 124 Stat. 3440, 3441.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70111(a).............................  49 App.:2614(a).                   Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           15(a), 98 Stat. 3060; Nov. 15, 1988,
                                                                           Pub. L. 100-657, Sec.  4(a), 102
                                                                           Stat. 3900; Nov. 16, 1990, Pub. L.
                                                                           101-611, Sec.  117(b), 104 Stat.
                                                                           3202.
70111(b).............................  49 App.:2614(b)(1).                Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           15(b)(1), 98 Stat. 3061; Nov. 15,
                                                                           1988, Pub. L. 100-657, Sec.  4(b),
                                                                           102 Stat. 3901.
70111(c).............................  49 App.:2614(b)(2), (3).           Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           15(b)(2), (3), 98 Stat. 3061.
70111(d).............................  49 App.:2614(d).                   Oct. 30, 1984, Pub. L. 98-575, 98
                                                                           Stat. 3055, Sec.  15(d); added Nov.
                                                                           15, 1988, Pub. L. 100-657, Sec.
                                                                           4(c), 102 Stat. 3901.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1), before clause (A), the words ``take 
such actions as may be necessary to'' and ``(by lease, sale, 
transaction in lieu of sale, or otherwise)'' are omitted as 
surplus.
    In subsections (b)(2) and (c), the words ``the head of'' 
are added for consistency in the revised title and with other 
titles of the United States Code.
    In subsection (b)(2), before clause (A), the word ``price'' 
is substituted for ``amount to be paid to the United States'' 
and ``the amount of such payment'' to eliminate unnecessary 
words. The words ``by any person who acquires launch property 
or launch services, including utilities'' are omitted as 
surplus. In clause (C), the words ``including utilities'' are 
omitted as surplus. The words ``basic pay'' are substituted for 
``salaries'' for clarity.
    In subsection (c), the word ``collected'' is substituted 
for ``received'' for consistency in this section. The words 
``by the United States for launch property or launch services, 
including utilities'' and ``the general fund of'' are omitted 
as surplus.
    In subsection (d), the words ``department, agency, or 
instrumentality of the Government'' are substituted for 
``Federal agency or department'' for consistency in the revised 
title and with other titles of the Code.

                               AMENDMENTS

    2010--Pub. L. 111-314 successively renumbered section 70111 
of title 49 and section 70111 of this title as this section.
    1998--Subsec. (a)(1)(A). Pub. L. 105-303, 
Sec. 102(a)(11)(A), inserted ``or reentry'' after ``launch''.
    Subsec. (a)(1)(B). Pub. L. 105-303, Sec. 102(a)(11)(B), 
inserted ``and reentry services'' after ``launch services''.
    Subsec. (a)(2). Pub. L. 105-303, Sec. 102(a)(11)(C), (D), 
inserted ``or reentry services'' after ``or launch services'' 
and substituted ``source, whether such source is located on or 
off a Federal range'' for ``source''.
    Subsec. (b)(1)(A), (B). Pub. L. 105-303, 
Sec. 102(a)(11)(E), inserted ``or reentry'' after ``commercial 
launch''.
    Subsec. (b)(2)(C). Pub. L. 105-303, Sec. 102(a)(11)(F), 
inserted ``or reentry services'' after ``launch services''.
    Subsec. (b)(3). Pub. L. 105-303, Sec. 102(a)(11)(G), added 
par. (3).
    Subsec. (d). Pub. L. 105-303, Sec. 102(a)(11)(H), (I), 
substituted ``or reentry vehicle, or the payload of either, for 
launch or reentry'' for ``or its payload for launch'' and 
inserted ``, reentry vehicle,'' after ``manufacturer of the 
launch vehicle''.

Sec. 50914. Liability insurance and financial responsibility 
                    requirements

    (a) General Requirements.--
          (1) When a launch or reentry license is issued or 
        transferred under this chapter, the licensee or 
        transferee shall obtain liability insurance or 
        demonstrate financial responsibility in amounts to 
        compensate for the maximum probable loss from claims 
        by--
                  (A) a third party for death, bodily injury, 
                or property damage or loss resulting from an 
                activity carried out under the license; and
                  (B) the United States Government against a 
                person for damage or loss to Government 
                property resulting from an activity carried out 
                under the license.
          (2) The Secretary of Transportation shall determine 
        the amounts required under paragraph (1)(A) and (B) of 
        this subsection, after consulting with the 
        Administrator of the National Aeronautics and Space 
        Administration, the Secretary of the Air Force, and the 
        heads of other appropriate executive agencies.
          (3) For the total claims related to one launch or 
        reentry, a licensee or transferee is not required to 
        obtain insurance or demonstrate financial 
        responsibility of more than--
                  (A) (i) $500,000,000 under paragraph (1)(A) 
                of this subsection; or (ii) $100,000,000 under 
                paragraph (1)(B) of this subsection; or
                  (B) the maximum liability insurance available 
                on the world market at reasonable cost if the 
                amount is less than the applicable amount in 
                clause (A)(i) or (ii) of this paragraph.
          (4) An insurance policy or demonstration of financial 
        responsibility under this subsection shall protect the 
        following, to the extent of their potential liability 
        for involvement in launch services or reentry services, 
        at no cost to the Government:
                  (A) the Government.
                  (B) executive agencies and personnel, 
                contractors, and subcontractors of the 
                Government.
                  (C) contractors, subcontractors, and 
                customers of the licensee or transferee.
                  (D) contractors and subcontractors of the 
                customer.
                  (E) space flight participants.
          (5) Subparagraph (E) of paragraph (4) ceases to be 
        effective September 30, 2025.
    (b) Reciprocal Waiver of Claims.--
          (1)(A) A launch or reentry license issued or 
        transferred under this chapter shall contain a 
        provision requiring the licensee or transferee to make 
        a reciprocal waiver of claims with applicable parties 
        involved in launch services or reentry services under 
        which each party to the waiver agrees to be responsible 
        for personal injury to, death of, or property damage or 
        loss sustained by it or its own employees resulting 
        from an activity carried out under the applicable 
        license.
          (B) In this paragraph, the term ``applicable 
        parties'' means--
                  (i) contractors, subcontractors, and 
                customers of the licensee or transferee;
                  (ii) contractors and subcontractors of the 
                customers; and
                  (iii) space flight participants.
          (C) Clause (iii) of subparagraph (B) ceases to be 
        effective September 30, 2025.
          (2) The Secretary of Transportation shall make, for 
        the Government, executive agencies of the Government 
        involved in launch services or reentry services, and 
        contractors and subcontractors involved in launch 
        services or reentry services, a reciprocal waiver of 
        claims with the licensee or transferee, contractors, 
        subcontractors, crew, space flight participants, and 
        customers of the licensee or transferee, and 
        contractors and subcontractors of the customers, 
        involved in launch services or reentry services under 
        which each party to the waiver agrees to be responsible 
        for property damage or loss it sustains, or for 
        personal injury to, death of, or property damage or 
        loss sustained by its own employees or by space flight 
        participants, resulting from an activity carried out 
        under the applicable license. The waiver applies only 
        to the extent that claims are more than the amount of 
        insurance or demonstration of financial responsibility 
        required under subsection (a)(1)(B) of this section. 
        After consulting with the Administrator and the 
        Secretary of the Air Force, the Secretary of 
        Transportation may waive, for the Government and a 
        department, agency, and instrumentality of the 
        Government, the right to recover damages for damage or 
        loss to Government property to the extent insurance is 
        not available because of a policy exclusion the 
        Secretary of Transportation decides is usual for the 
        type of insurance involved.
    (c) Determination of Maximum Probable Losses.--The 
Secretary of Transportation shall determine the maximum 
probable losses under subsection (a)(1)(A) and (B) of this 
section associated with an activity under a license not later 
than 90 days after a licensee or transferee requires a 
determination and submits all information the Secretary 
requires. The Secretary shall amend the determination as 
warranted by new information.
    (d) Annual Report.--
          (1) Not later than November 15 of each year, the 
        Secretary of Transportation shall submit to the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Science of the House of 
        Representatives a report on current determinations made 
        under subsection (c) of this section related to all 
        issued licenses and the reasons for the determinations.
          (2) Not later than May 15 of each year, the Secretary 
        of Transportation shall review the amounts specified in 
        subsection (a)(3)(A) of this section and submit a 
        report to Congress that contains proposed adjustments 
        in the amounts to conform with changed liability 
        expectations and availability of insurance on the world 
        market. The proposed adjustment takes effect 30 days 
        after a report is submitted.
    (e) Launches or Reentries Involving Government Facilities 
and Personnel.--The Secretary of Transportation shall establish 
requirements consistent with this chapter for proof of 
financial responsibility and other assurances necessary to 
protect the Government and its executive agencies and personnel 
from liability, death, bodily injury, or property damage or 
loss as a result of a launch or operation of a launch site or 
reentry site or a reentry involving a facility or personnel of 
the Government. The Secretary may not relieve the Government of 
liability under this subsection for death, bodily injury, or 
property damage or loss resulting from the willful misconduct 
of the Government or its agents.
    (f) Collection and Crediting Payments.--The head of a 
department, agency, or instrumentality of the Government shall 
collect a payment owed for damage or loss to Government 
property under its jurisdiction or control resulting from an 
activity carried out under a launch or reentry license issued 
or transferred under this chapter. The payment shall be 
credited to the current applicable appropriation, fund, or 
account of the department, agency, or instrumentality.
    (g) Federal Jurisdiction.--Any claim by a third party or 
space flight participant for death, bodily injury, or property 
damage or loss resulting from an activity carried out under the 
license shall be the exclusive jurisdiction of the Federal 
courts.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1336, 
Sec. 70112 of title 49; Pub. L. 104-287, Sec. 5(74), (93), Oct. 
11, 1996, 110 Stat. 3396, 3398; Pub. L. 105-303, title I, 
Sec. 102(a)(12), Oct. 28, 1998, 112 Stat. 2850; Pub. L. 108-
492, Sec. 2(c)(21), Dec. 23, 2004, 118 Stat. 3981; renumbered 
Sec. 70112 then Sec. 50914 of title 51, Pub. L. 111-314, 
4(d)(2), (3)(N), Dec. 18, 2010, 124 Stat. 3440, 3441; Pub. L. 
114-90, title I, Sec. Sec. 103(a)(1), 106, 107, Nov. 25, 2015, 
129 Stat. 706, 707.)

             Historical and Revision Notes Pub. L. 103-272

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70112(a)(1), (2).....................  49 App.:2615(a)(1)(A) (1st         Oct. 30, 1984, Pub. L. 98-575, Sec.
                                        sentence), (B) (1st sentence).     16(a), (c), 98 Stat. 3061; restated
                                                                           Nov. 15, 1988, Pub. L. 100-657, 5(a),
                                                                           102 Stat. 3901, 3905.
70112(a)(3)..........................  49 App.:2615(a)(1)(A) (last
                                        sentence), (B) (last sentence).
70112(a)(4)..........................  49 App.:2615(a)(2).
70112(b)(1)..........................  49 App.:2615(a)(1)(C).
70112(b)(2)..........................  49 App.:2615(a)(1)(D).
70112(c).............................  49 App.:2615(a)(3) (1st, 2d
                                        sentences).
70112(d)(1)..........................  49 App.:2615(a)(3) (last
                                        sentence).
70112(d)(2)..........................  49 App.:2615(a)(4).
70112(e).............................  49 App.:2614(c).                   Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           15(c), 98 Stat. 3061; restated Nov.
                                                                           15, 1988, Pub. L. 100-657, Sec.
                                                                           5(b), 102 Stat. 3905.
70112(f).............................  49 App.:2615(c).
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the word ``particular'' is omitted as 
surplus.
    In subsection (a)(1), before clause (A), the word 
``sufficient'' is omitted as surplus. In clauses (A) and (B), 
the words ``in connection with any particular launch'' are 
omitted as surplus.
    In subsection (a)(4), before clause (A), the words ``made . 
. . a requirement described in'' are omitted as surplus.
    In subsection (b)(2), the words ``department, agency, and 
instrumentality of the Government'' are substituted for 
``Federal agency'' for consistency in the revised title and 
with other titles of the United States Code.
    In subsection (d)(2), the words ``if appropriate'' are 
omitted as surplus.
    In subsection (f), the words ``department, agency, or 
instrumentality of the Government'' are substituted for 
``Federal agency or department'' for consistency in the revised 
title and with other titles of the Code. The words ``insurance 
proceeds or . . . other'' and ``proceeds or other'' are omitted 
as surplus.

                      PUB. L. 104-287, Sec. 5(93)

    This amends 49:70112(a)(3)(B) to clarify a cross-reference 
in the codification enacted by section 1 of the Act of July 5, 
1994 (Public Law 103-272, 108 Stat. 1337).

                               AMENDMENTS

    2015--Subsec. (a)(4)(E). Pub. L. 114-90, Sec. 103(a)(1)(A), 
added subpar. (E).
    Subsec. (a)(5). Pub. L. 114-90, Sec. 103(a)(1)(B), added 
par. (5).
    Subsec. (b)(1). Pub. L. 114-90, Sec. 107, amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``A 
launch or reentry license issued or transferred under this 
chapter shall contain a provision requiring the licensee or 
transferee to make a reciprocal waiver of claims with its 
contractors, subcontractors, and customers, and contractors and 
subcontractors of the customers, involved in launch services or 
reentry services under which each party to the waiver agrees to 
be responsible for property damage or loss it sustains, or for 
personal injury to, death of, or property damage or loss 
sustained by its own employees resulting from an activity 
carried out under the applicable license.''
    Subsec. (g). Pub. L. 114-90, Sec. 106, added subsec. (g).
    2010--Pub. L. 111-314 successively renumbered section 70112 
of title 49 and section 70112 of this title as this section.
    2004--Subsec. (b)(2). Pub. L. 108-492 inserted ``crew, 
space flight participants,'' after ``transferee, contractors, 
subcontractors,'' and ``or by space flight participants,'' 
after ``its own employees''.
    1998--Subsec. (a)(1). Pub. L. 105-303, Sec. 102(a)(12)(A), 
inserted ``launch or reentry'' before ``license is issued''.
    Subsec. (a)(3). Pub. L. 105-303, Sec. 102(a)(12)(B), 
inserted ``or reentry'' after ``one launch'' in introductory 
provisions.
    Subsec. (a)(4). Pub. L. 105-303, Sec. 102(a)(12)(C), 
inserted ``or reentry services'' after ``launch services'' in 
introductory provisions.
    Subsec. (b)(1). Pub. L. 105-303, Sec. 102(a)(12)(D)-(F), 
inserted ``launch or reentry'' before ``license issued or 
transferred'', ``or reentry services'' after ``launch 
services'', and ``applicable'' after ``carried out under the''.
    Subsec. (b)(2). Pub. L. 105-303, Sec. 102(a)(12)(E), (F), 
inserted ``or reentry services'' after ``launch services'' 
wherever appearing and ``applicable'' after ``carried out under 
the''.
    Subsec. (e). Pub. L. 105-303, Sec. 102(a)(12)(G), (H), 
inserted ``or Reentries'' after ``Launches'' in heading and 
``or reentry site or a reentry'' after ``launch site'' in text.
    Subsec. (f). Pub. L. 105-303, Sec. 102(a)(12)(I), inserted 
``launch or reentry'' before ``license issued or transferred''.
    1996--Subsec. (a)(3)(B). Pub. L. 104-287, Sec. 5(93), 
substituted ``clause (A)(i) or (ii)'' for ``clause (A)''.
    Subsec. (d)(1). Pub. L. 104-287, Sec. 5(74), substituted 
``Committee on Science'' for ``Committee on Science, Space, and 
Technology''.

                             CHANGE OF NAME

    Committee on Science of House of Representatives changed to 
Committee on Science and Technology of House of Representatives 
by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 
2007. Committee on Science and Technology of House of 
Representatives changed to Committee on Science, Space, and 
Technology of House of Representatives by House Resolution No. 
5, One Hundred Twelfth Congress, Jan. 5, 2011.

                    EFFECTIVE DATE OF 1996 AMENDMENT

    Amendment by section 5(93) of Pub. L. 104-287 effective 
July 5, 1994, see section 8(1) of Pub. L. 104-287, set out as a 
note under section 5303 of Title 49, Transportation.

                 TERMINATION OF REPORTING REQUIREMENTS

    For termination, effective May 15, 2000, of provisions of 
law requiring submittal to Congress of any annual, semiannual, 
or other regular periodic report listed in House Document No. 
103-7 (in which the 2nd item on page 133 identifies a reporting 
provision which, as subsequently amended, is contained in 
subsec. (d)(1) of this section), see section 3003 of Pub. L. 
104-66, as amended, set out as a note under section 1113 of 
Title 31, Money and Finance.

Sec. 50915. Paying claims exceeding liability insurance and financial 
                    responsibility requirements

    (a) General Requirements.--
          (1) To the extent provided in advance in an 
        appropriation law or to the extent additional 
        legislative authority is enacted providing for paying 
        claims in a compensation plan submitted under 
        subsection (d) of this section, the Secretary of 
        Transportation shall provide for the payment by the 
        United States Government of a successful claim 
        (including reasonable litigation or settlement 
        expenses) of a third party against a person described 
        in paragraph (3)(A) resulting from an activity carried 
        out under the license issued or transferred under this 
        chapter for death, bodily injury, or property damage or 
        loss resulting from an activity carried out under the 
        license. However, claims may be paid under this section 
        only to the extent the total amount of successful 
        claims related to one launch or reentry--
                  (A) is more than the amount of insurance or 
                demonstration of financial responsibility 
                required under section 50914(a)(1)(A) of this 
                title; and
                  (B) is not more than $1,500,000,000 (plus 
                additional amounts necessary to reflect 
                inflation occurring after January 1, 1989) 
                above that insurance or financial 
                responsibility amount.
          (2) The Secretary may not provide for paying a part 
        of a claim for which death, bodily injury, or property 
        damage or loss results from willful misconduct by the 
        licensee or transferee. To the extent insurance 
        required under section 50914(a)(1)(A) of this title is 
        not available to cover a successful third party 
        liability claim because of an insurance policy 
        exclusion the Secretary decides is usual for the type 
        of insurance involved, the Secretary may provide for 
        paying the excluded claims without regard to the 
        limitation contained in section 50914(a)(1).
          (3)(A) A person described in this subparagraph is--
                  (i) a licensee or transferee under this 
                chapter;
                  (ii) a contractor, subcontractor, or customer 
                of the licensee or transferee; (iii) a 
                contractor or subcontractor of a customer; or 
                (iv) a space flight participant.
          (B) Clause (iv) of subparagraph (A) ceases to be 
        effective September 30, 2025.
    (b) Notice, Participation, and Approval.--Before a payment 
under subsection (a) of this section is made--
          (1) notice must be given to the Government of a 
        claim, or a civil action related to the claim, against 
        a party described in subsection (a)(1) of this section 
        for death, bodily injury, or property damage or loss;
          (2) the Government must be given an opportunity to 
        participate or assist in the defense of the claim or 
        action; and
          (3) the Secretary must approve any part of a 
        settlement to be paid out of appropriations of the 
        Government.
    (c) Withholding Payments.--The Secretary may withhold a 
payment under subsection (a) of this section if the Secretary 
certifies that the amount is not reasonable. However, the 
Secretary shall deem to be reasonable the amount of a claim 
finally decided by a court of competent jurisdiction.
    (d) Surveys, Reports, and Compensation Plans.--
          (1) If as a result of an activity carried out under a 
        license issued or transferred under this chapter the 
        total of claims related to one launch or reentry is 
        likely to be more than the amount of required insurance 
        or demonstration of financial responsibility, the 
        Secretary shall--
                  (A) survey the causes and extent of damage; 
                and
                  (B) submit expeditiously to Congress a report 
                on the results of the survey.
          (2) Not later than 90 days after a court 
        determination indicates that the liability for the 
        total of claims related to one launch or reentry may be 
        more than the required amount of insurance or 
        demonstration of financial responsibility, the 
        President, on the recommendation of the Secretary, 
        shall submit to Congress a compensation plan that--
                  (A) outlines the total dollar value of the 
                claims;
                  (B) recommends sources of amounts to pay for 
                the claims;
                  (C) includes legislative language required to 
                carry out the plan if additional legislative 
                authority is required; and
                  (D) for a single event or incident, may not 
                be for more than $1,500,000,000.
          (3) A compensation plan submitted to Congress under 
        paragraph (2) of this subsection shall--
                  (A) have an identification number; and
                  (B) be submitted to the Senate and the House 
                of Representatives on the same day and when the 
                Senate and House are in session.
    (e) Congressional Resolutions.--
          (1) In this subsection, ``resolution''--
                  (A) means a joint resolution of Congress the 
                matter after the resolving clause of which is 
                as follows: ``That the Congress approves the 
                compensation plan numbered ____ submitted to 
                the Congress on ____ XX, 20__.'', with the 
                blank spaces being filled appropriately; but
                  (B) does not include a resolution that 
                includes more than one compensation plan.
          (2) The Senate shall consider under this subsection a 
        compensation plan requiring additional appropriations 
        or legislative authority not later than 60 calendar 
        days of continuous session of Congress after the date 
        on which the plan is submitted to Congress.
          (3) A resolution introduced in the Senate shall be 
        referred immediately to a committee by the President of 
        the Senate. All resolutions related to the same plan 
        shall be referred to the same committee.
          (4)(A) If the committee of the Senate to which a 
        resolution has been referred does not report the 
        resolution within 20 calendar days after it is 
        referred, a motion is in order to discharge the 
        committee from further consideration of the resolution 
        or to discharge the committee from further 
        consideration of the plan.
          (B) A motion to discharge may be made only by an 
        individual favoring the resolution and is highly 
        privileged (except that the motion may not be made 
        after the committee has reported a resolution on the 
        plan). Debate on the motion is limited to one hour, to 
        be divided equally between those favoring and those 
        opposing the resolution. An amendment to the motion is 
        not in order. A motion to reconsider the vote by which 
        the motion is agreed to or disagreed to is not in 
        order.
          (C) If the motion to discharge is agreed to or 
        disagreed to, the motion may not be renewed and another 
        motion to discharge the committee from another 
        resolution on the same plan may not be made.
          (5)(A) After a committee of the Senate reports, or is 
        discharged from further consideration of, a resolution, 
        a motion to proceed to the consideration of the 
        resolution is in order at any time, even though a 
        similar previous motion has been disagreed to. The 
        motion is highly privileged and is not debatable. An 
        amendment to the motion is not in order. A motion to 
        reconsider the vote by which the motion is agreed to or 
        disagreed to is not in order.
          (B) Debate on the resolution referred to in 
        subparagraph (A) of this paragraph is limited to not 
        more than 10 hours, to be divided equally between those 
        favoring and those opposing the resolution. A motion 
        further to limit debate is not debatable. An amendment 
        to, or motion to recommit, the resolution is not in 
        order. A motion to reconsider the vote by which the 
        resolution is agreed to or disagreed to is not in 
        order.
          (6) The following shall be decided in the Senate 
        without debate:
                  (A) a motion to postpone related to the 
                discharge from committee.
                  (B) a motion to postpone consideration of a 
                resolution.
                  (C) a motion to proceed to the consideration 
                of other business.
                  (D) an appeal from a decision of the chair 
                related to the application of the rules of the 
                Senate to the procedures related to a 
                resolution.
    (f) Application.--This section applies to a license issued 
or transferred under this chapter for which the Secretary 
receives a complete and valid application not later than 
September 30, 2025. This section does not apply to permits.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1338, 
Sec. 70113 of title 49; Pub. L. 104-287, Sec. 5(94), Oct. 11, 
1996, 110 Stat. 3398; Pub. L. 105-303, title I, 102(a)(13), 
Oct. 28, 1998, 112 Stat. 2850; Pub. L. 106-74, title IV, 
Sec. 433, Oct. 20, 1999, 113 Stat. 1097; Pub. L. 106-377, 
Sec. 1(a)(1) [title IV, 429], Oct. 27, 2000, 114 Stat. 1441, 
1441A-56; Pub. L. 106-405, Sec. Sec. 5(b), 6(a), Nov. 1, 2000, 
114 Stat. 1752; Pub. L. 108-428, Sec. 1, Nov. 30, 2004, 118 
Stat. 2432; Pub. L. 108-492, Sec. 2(c)(22), (23), Dec. 23, 
2004, 118 Stat. 3981; Pub. L. 111-125, Sec. 1, Dec. 28, 2009, 
123 Stat. 3486; renumbered Sec. 70113 then Sec. 50915 of title 
51 and amended Pub. L. 111-314, Sec. 4(d)(2), (3)(O), (5)(Q), 
(R), Dec. 18, 2010, 124 Stat. 3440-3442; Pub. L. 112-273, 
Sec. 3, Jan. 14, 2013, 126 Stat. 2454; Pub. L. 113-76, Sec. 8, 
Jan. 17, 2014, 128 Stat. 7; Pub. L. 114-90, title I, 
Sec. Sec. 102(d), 103(a)(2), Nov. 25, 2015, 129 Stat. 706.)

             Historical and Revision Notes Pub. L. 103-272

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70113(a).............................  49 App.:2615(b)(1).                Oct. 30, 1984, Pub. L. 98-575,
                                                                           16(b)(1)-(4), 98 Stat. 3061; restated
                                                                           Nov. 15, 1988, Pub. L. 100-657, 5(a),
                                                                           102 Stat. 3903.
70113(b).............................  49 App.:2615(b)(2).
70113(c).............................  49 App.:2615(b)(3).
70113(d)(1)..........................  49 App.:2615(b)(4)(A).
70113(d)(2)..........................  49 App.:2615(b)(4)(B).
70113(d)(3)..........................  49 App.:2615(b)(4)(C).
70113(e)(1)..........................  49 App.:2615(b) (4)(D)(i), (iii).
70113(e)(2)..........................  49 App.:2615(b) (4)(D)(ii).
70113(e)(3)..........................  49 App.:2615(b) (4)(D)(iv).
70113(e)(4)..........................  49 App.:2615(b) (4)(D)(v).
70113(e)(5)..........................  49 App.:2615(b) (4)(D)(vi).
70113(e)(6)..........................  49 App.:2615(b) (4)(D)(vii).
70113(f).............................  49 App.:2615(b)(5).                Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           16(b)(5), 98 Stat. 3061; restated
                                                                           Nov. 15, 1988, Pub. L. 100-657, Sec.
                                                                           5(a), 102 Stat. 3903; Nov. 4, 1992,
                                                                           Pub. L. 102-588, Sec.  503, 106 Stat.
                                                                           5124.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1), before clause (A), the word 
``particular'' is omitted as surplus. In clause (B), the words 
``the level that is'' are omitted as surplus.
    In subsection (b)(1), the words ``civil action'' are 
substituted for ``suit'' for consistency in the revised title 
and with other titles of the United States Code and rule 2 of 
the Federal Rules of Civil Procedure (28 App. U.S.C.).
    In subsection (b)(2), the words ``the Government must be 
given an opportunity'' are substituted for ``by the United 
States, at its election'' for clarity.
    In subsection (c), the words ``just and'' and ``judgment'' 
are omitted as surplus.
    In subsection (d), the word ``particular'' is omitted as 
surplus.
    In subsection (d)(2), before clause (A), the words ``or 
plans'' are omitted because of 1:1.
    In subsection (e)(1), before clause (A), the text of 49 
App.:2615(b)(4)(D)(i) is omitted as surplus. In clause (A), the 
word ``only'' is omitted as surplus. The word ``Congress'' is 
substituted for ``the first blank space therein being filled 
with the name of the resolving House'' to correct an error in 
the law.
    In subsection (e)(3), the words ``once introduced with 
respect to a compensation plan'' are omitted as surplus.
    In subsection (e)(4)(A), the word ``either'' is omitted as 
surplus. In subsection (f), the word ``only'' is omitted as 
surplus.

                            PUB. L. 104-287

    This amends 49:70113(e)(6)(D) to correct an error in the 
codification enacted by section 1 of the Act of July 5, 1994 
(Public Law 103-272, 108 Stat. 1340).

                               AMENDMENTS

    2015--Subsec. (a)(1). Pub. L. 114-90, Sec. 103(a)(2)(A), in 
introductory provisions, substituted ``a person described in 
paragraph (3)(A)'' for ``a licensee or transferee under this 
chapter, a contractor, subcontractor, or customer of the 
licensee or transferee, or a contractor or subcontractor of a 
customer, but not against a space flight participant,''.
    Subsec. (a)(3). Pub. L. 114-90, Sec. 103(a)(2)(B), added 
par. (3).
    Subsec. (f). Pub. L. 114-90, Sec. 102(d), substituted 
``September 30, 2025'' for ``December 31, 2016''.
    2014--Subsec. (f). Pub. L. 113-76 substituted ``December 
31, 2016'' for ``December 31, 2013''.
    2013--Subsec. (f). Pub. L. 112-273 substituted ``December 
31, 2013'' for ``December 31, 2012''.
    2010--Pub. L. 111-314, Sec. 4(d)(2), (3)(O), successively 
renumbered section 70113 of title 49 and section 70113 of this 
title as this section.
    Subsec. (a)(1)(A). Pub. L. 111-314, Sec. 4(d)(5)(Q), 
substituted ``section 50914(a)(1)(A)'' for ``section 
70112(a)(1)(A)''.
    Subsec. (a)(2). Pub. L. 111-314, Sec. 4(d)(5)(R), 
substituted ``section 50914(a)(1)(A)'' for ``section 
70112(a)(1)(A)'' and ``section 50914(a)(1)'' for ``section 
70112(a)(1)''.
    2009--Subsec. (f). Pub. L. 111-125 substituted ``December 
31, 2012.'' for ``December 31, 2009.''
    2004--Subsec. (a)(1). Pub. L. 108-492, Sec. 2(c)(22), 
inserted ``but not against a space flight participant,'' after 
``subcontractor of a customer,''.
    Subsec. (f). Pub. L. 108-492, Sec. 2(c)(23), inserted at 
end ``This section does not apply to permits.'' Pub. L. 108-428 
substituted ``December 31, 2009'' for ``December 31, 2004''.
    2000--Subsec. (e)(1)(A). Pub. L. 106-405, Sec. 6(a), 
substituted ``20__'' for ``19__''.
    Subsec. (f). Pub. L. 106-405, Sec. 5(b), substituted 
``December 31, 2004'' for ``December 31, 2001''. Pub. L. 106-
377 substituted ``December 31, 2001'' for ``December 31, 
2000''.
    1999--Subsec. (f). Pub. L. 106-74 substituted ``December 
31, 2000'' for ``December 31, 1999''.
    1998--Subsecs. (a)(1), (d)(1), (2). Pub. L. 105-303 
inserted ``or reentry'' after ``one launch''.
    1996--Subsec. (e)(6)(D). Pub. L. 104-287 substituted 
``related to a resolution'' for ``related to resolution''.

                    EFFECTIVE DATE OF 2000 AMENDMENT

    Pub. L. 106-405, Sec. 6(b), Nov. 1, 2000, 114 Stat. 1752, 
provided that: ``The amendment made by subsection (a) [amending 
this section] takes effect on January 1, 2000.''

Sec. 50916. Disclosing information

    The Secretary of Transportation, an officer or employee of 
the United States Government, or a person making a contract 
with the Secretary under section 50907(b) of this title may 
disclose information under this chapter that qualifies for an 
exemption under section 552(b)(4) of title 5 or is designated 
as confidential by the person or head of the executive agency 
providing the information only if the Secretary decides 
withholding the information is contrary to the public or 
national interest.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1340, 
Sec. 70114 of title 49; renumbered Sec. 70114 then Sec. 50916 
of title 51 and amended Pub. L. 111-314, Sec. 4(d)(2), (3)(P), 
(5)(S), Dec. 18, 2010, 124 Stat. 3440-3442.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70114................................  49 App.:2608(c).                   Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           9(c), 98 Stat. 3059.
----------------------------------------------------------------------------------------------------------------

    The words ``data or'' are omitted as surplus. The words 
``the head of'' and ``executive'' are added for consistency in 
the revised title and with other titles of the United States 
Code.

                               AMENDMENTS

    2010--Pub. L. 111-314, Sec. 4(d)(5)(S), substituted 
``section 50907(b)'' for ``section 70106(b)''. Pub. L. 111-314, 
Sec. 4(d)(2), (3)(P), successively renumbered section 70114 of 
title 49 and section 70114 of this title as this section.

Sec. 50917. Enforcement and penalty

    (a) Prohibitions.--A person may not violate this chapter, a 
regulation prescribed under this chapter, or any term of a 
license issued or transferred under this chapter.
    (b) General Authority.--
          (1) In carrying out this chapter, the Secretary of 
        Transportation may--
                  (A) conduct investigations and inquiries;
                  (B) administer oaths;
                  (C) take affidavits; and
                  (D) under lawful process--
                          (i) enter at a reasonable time a 
                        launch site, reentry site, production 
                        facility, assembly site of a launch 
                        vehicle or reentry vehicle, crew or 
                        space flight participant training site, 
                        or site at which a payload is 
                        integrated with a launch vehicle or 
                        reentry vehicle to inspect an object to 
                        which this chapter applies or a record 
                        or report the Secretary requires be 
                        made or kept under this chapter; and
                          (ii) seize the object, record, or 
                        report when there is probable cause to 
                        believe the object, record, or report 
                        was used, is being used, or likely will 
                        be used in violation of this chapter.
          (2) The Secretary may delegate a duty or power under 
        this chapter related to enforcement to an officer or 
        employee of another executive agency with the consent 
        of the head of the agency.
    (c) Civil Penalty.--
          (1) After notice and an opportunity for a hearing on 
        the record, a person the Secretary finds to have 
        violated subsection (a) of this section is liable to 
        the United States Government for a civil penalty of not 
        more than $100,000. A separate violation occurs for 
        each day the violation continues.
          (2) In conducting a hearing under paragraph (1) of 
        this subsection, the Secretary may--
                  (A) subpoena witnesses and records; and
                  (B) enforce a subpoena in an appropriate 
                district court of the United States.
          (3) The Secretary shall impose the civil penalty by 
        written notice. The Secretary may compromise or remit a 
        penalty imposed, or that may be imposed, under this 
        section.
          (4) The Secretary shall recover a civil penalty not 
        paid after the penalty is final or after a court enters 
        a final judgment for the Secretary.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1341, 
Sec. 70115 of title 49; Pub. L. 105-303, title I, 
Sec. 102(a)(14), Oct. 28, 1998, 112 Stat. 2850; Pub. L. 108-
492, Sec. 2(c)(24), Dec. 23, 2004, 118 Stat. 3981; renumbered 
Sec. 70115 then Sec. 50917 of title 51, Pub. L. 111-314, 
Sec. 4(d)(2), (3)(Q), Dec. 18, 2010, 124 Stat. 3440, 3441.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70115(a).............................  49 App.:2617.                      Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           Sec.  17-19, 98 Stat. 3061.
70115(b)(1)..........................  49 App.:2616(b).
70115(b)(2)..........................  49 App.:2616(a).
70115(c)(1)..........................  49 App.:2618(a) (1st, 2d
                                        sentences).
70115(c)(2)..........................  49 App.:2618(c).
70115(c)(3)..........................  49 App.:2618(a) (3d, last
                                        sentences).
70115(c)(4)..........................  49 App.:2618(b).
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``a requirement of'' are 
omitted as surplus. The word ``prescribed'' is substituted for 
``issued'' for consistency in the revised title and with other 
titles of the United States Code. The words ``condition, or 
restriction'' are omitted as surplus.
    In subsection (b)(1)(A)-(C), the words ``concerning any 
matter relating to enforcement of this chapter'' are omitted as 
surplus.
    In subsection (b)(1)(B) and (C), the words ``from any 
person'' are omitted as surplus.
    In subsection (b)(1)(B), the word ``affirmation'' is 
omitted because of 1:1.
    In subsection (b)(2), the text of 49 App.:2616(a) (1st 
sentence) is omitted as surplus because the Secretary of 
Transportation enforces programs the Secretary carries out 
unless otherwise provided. The words ``the exercise of'' are 
omitted as surplus. The words ``duty or power'' are substituted 
for ``authority'' for consistency in the revised title and with 
other titles of the Code. The words ``to any officer or 
employee of the Department of Transportation'' are omitted as 
surplus because of 49:322(b).
    In subsection (c)(1), the words ``in accordance with 
section 554 of title 5'' are omitted for consistency in the 
revised title and because 5:554 applies to a hearing on the 
record unless otherwise stated. The words ``for each 
violation'' are omitted as surplus.
    In subsection (c)(2), the words ``relevant papers, books, 
documents, and other'' are omitted as surplus. The words ``(3) 
administer oaths and affirmatives'' are omitted as surplus 
because of subsection (b)(1)(B) of this section.
    In subsection (c)(3), the word ``impose'' is substituted 
for ``assessed'' for consistency in the revised title and with 
other titles of the Code. The words ``amount of such'' and 
``modify . . . with or without conditions'' are omitted as 
surplus.
    Subsection (c)(4) is substituted for 49 App.:2618(b) to 
eliminate unnecessary words.

                               AMENDMENTS

    2010--Pub. L. 111-314 successively renumbered section 70115 
of title 49 and section 70115 of this title as this section.
    2004--Subsec. (b)(1)(D)(i). Pub. L. 108-492 inserted ``crew 
or space flight participant training site,'' after ``site of a 
launch vehicle or reentry vehicle,''.
    1998--Subsec. (b)(1)(D)(i). Pub. L. 105-303 inserted 
``reentry site,'' after ``launch site,'' and inserted ``or 
reentry vehicle'' after ``launch vehicle'' in two places.

Sec. 50918. Consultation

    (a) Matters Affecting National Security.--The Secretary of 
Transportation shall consult with the Secretary of Defense on a 
matter under this chapter affecting national security. The 
Secretary of Defense shall identify and notify the Secretary of 
Transportation of a national security interest relevant to an 
activity under this chapter.
    (b) Matters Affecting Foreign Policy.--The Secretary of 
Transportation shall consult with the Secretary of State on a 
matter under this chapter affecting foreign policy. The 
Secretary of State shall identify and notify the Secretary of 
Transportation of a foreign policy interest or obligation 
relevant to an activity under this chapter.
    (c) Other Matters.--In carrying out this chapter, the 
Secretary of Transportation shall consult with the head of 
another executive agency--
          (1) to provide consistent application of licensing 
        requirements under this chapter;
          (2) to ensure fair treatment for all license 
        applicants; and
          (3) when appropriate.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1341, 
Sec. 70116 of title 49; renumbered Sec. 70116 then Sec. 50918 
of title 51, Pub. L. 111-314, Sec. 4(d)(2), (3)(R), Dec. 18, 
2010, 124 Stat. 3440, 3441.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70116(a).............................  49 App.:2619(a).                   Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           20, 98 Stat. 3062.
70116(b).............................  49 App.:2619(b).
70116(c).............................  49 App.:2604(a)(2).                Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           5(a)(2), 98 Stat. 3057; Nov. 16,
                                                                           1990, Pub. L. 101-611, Sec.
                                                                           117(e)(2), 104 Stat. 3203.
                                       49 App.:2619(c).
----------------------------------------------------------------------------------------------------------------

    In subsections (a) and (b), the words ``including the 
issuance or transfer of each license'' and ``be responsible 
for'' are omitted as surplus.
    In subsection (c), before clause (1), the words ``the head 
of'' and ``executive'' are added for consistency in the revised 
title and with other titles of the United States Code. In 
clause (2), the words ``and equitable'' in 49 App.:2604(a)(2) 
are omitted as surplus.

                               AMENDMENTS

    2010--Pub. L. 111-314 successively renumbered section 70116 
of title 49 and section 70116 of this title as this section.

             STREAMLINE COMMERCIAL SPACE LAUNCH ACTIVITIES

    Pub. L. 114-92, div. A, title XVI, Sec. 1617, Nov. 25, 
2015, 129 Stat. 1106, as amended by Pub. L. 115-232, div. A, 
title XVI, Sec. 1606, Aug. 13, 2018, 132 Stat. 2107, provided 
that:
    ``(a) Sense of Congress.--It is the sense of Congress that 
eliminating duplicative requirements and approvals for 
commercial launch and reentry operations will promote and 
encourage the development of the commercial space sector.
    ``(b) Reaffirmation of Policy.--Congress reaffirms that the 
Secretary of Transportation, in overseeing and coordinating 
commercial launch and reentry operations, should--
          ``(1) promote commercial space launches and reentries 
        by the private sector;
          ``(2) facilitate Government, State, and private 
        sector involvement in enhancing United States launch 
        sites and facilities;
          ``(3) protect public health and safety, safety of 
        property, national security interests, and foreign 
        policy interests of the United States; and
          ``(4) consult with the head of another executive 
        agency, including the Secretary of Defense or the 
        Administrator of the National Aeronautics and Space 
        Administration, as necessary to provide consistent 
        application of licensing requirements under chapter 509 
        of title 51, United States Code.
    ``(c) Requirements.--
          ``(1) In general.--The Secretary of Transportation 
        under section 50918 of title 51, United States Code, 
        and subject to section 50905(b)(2)(C) of that title, 
        shall consult with the Secretary of Defense, the 
        Administrator of the National Aeronautics and Space 
        Administration, and the heads of other executive 
        agencies, as appropriate--
                  ``(A) to identify all requirements that are 
                imposed to protect the public health and 
                safety, safety of property, national security 
                interests, and foreign policy interests of the 
                United States relevant to any commercial launch 
                of a launch vehicle or commercial reentry of a 
                reentry vehicle; and
                  ``(B) to evaluate the requirements identified 
                in subparagraph (A) and, in coordination with 
                the licensee or transferee and the heads of the 
                relevant executive agencies--
                          ``(i) determine whether the 
                        satisfaction of a requirement of one 
                        agency could result in the satisfaction 
                        of a requirement of another agency; and
                          ``(ii) resolve any inconsistencies 
                        and remove any outmoded or duplicative 
                        requirements or approvals of the 
                        Federal Government relevant to any 
                        commercial launch of a launch vehicle 
                        or commercial reentry of a reentry 
                        vehicle.
          ``(2) Streamlining.--
                  ``(A) In general.--With respect to any 
                licensed activity under chapter 509 of title 
                51, United States Code, the Secretary of 
                Defense may not impose any requirement on a 
                licensee or transferee that is duplicative of, 
                or overlaps in intent with, any requirement 
                imposed by the Secretary of Transportation 
                under that chapter.
                  ``(B) Waiver.--The Secretary of the Air Force 
                may waive the limitation under subparagraph (A) 
                if--
                          ``(i) the Secretary determines that 
                        imposing a requirement described in 
                        that subparagraph is necessary to avoid 
                        negative consequences for the national 
                        security space program; and
                          ``(ii) the Secretary notifies the 
                        Secretary of Transportation of such 
                        determination before making such 
                        waiver.
          ``(3) Reports.--Not later than 180 days after the 
        date of enactment of this Act [Nov. 25, 2015], and 
        annually thereafter until the Secretary of 
        Transportation determines no outmoded or duplicative 
        requirements or approvals of the Federal Government 
        exist, the Secretary of Transportation, in consultation 
        with the Secretary of Defense, the Administrator of the 
        National Aeronautics and Space Administration, the 
        commercial space sector, and the heads of other 
        executive agencies, as appropriate, shall submit to the 
        appropriate congressional committees a report that 
        includes the following:
                  ``(A) A description of the process for the 
                application for and approval of a permit or 
                license under chapter 509 of title 51, United 
                States Code, for the commercial launch of a 
                launch vehicle or commercial reentry of a 
                reentry vehicle, including the identification 
                of--
                          ``(i) any unique requirements for 
                        operating on a United States Government 
                        launch site, reentry site, or launch 
                        property; and
                          ``(ii) any inconsistent, outmoded, or 
                        duplicative requirements or approvals.
                  ``(B) A description of current efforts, if 
                any, to coordinate and work across executive 
                agencies to define interagency processes and 
                procedures for sharing information, avoiding 
                duplication of effort, and resolving common 
                agency requirements.
                  ``(C) Recommendations for legislation that 
                may further--
                          ``(i) streamline requirements in 
                        order to improve efficiency, reduce 
                        unnecessary costs, resolve 
                        inconsistencies, remove duplication, 
                        and minimize unwarranted constraints; 
                        and
                          ``(ii) consolidate or modify 
                        requirements across affected agencies 
                        into a single application set that 
                        satisfies the requirements identified 
                        in paragraph (1)(A).
          ``(4) Definitions.--For purposes of this subsection--
                  ``(A) any applicable definitions set forth in 
                section 50902 of title 51, United States Code, 
                shall apply;
                  ``(B) the term `appropriate congressional 
                committees' means--
                          ``(i) the congressional defense 
                        committees [Committees on Armed 
                        Services and Appropriations of the 
                        Senate and the House of 
                        Representatives];
                          ``(ii) the Committee on Commerce, 
                        Science, and Transportation of the 
                        Senate;
                          ``(iii) the Committee on Science, 
                        Space, and Technology of the House of 
                        Representatives; and
                          ``(iv) the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives;
                  ``(C) the terms `launch', `reenter', and 
                `reentry' include landing of a launch vehicle 
                or reentry vehicle; and
                  ``(D) the terms `United States Government 
                launch site' and `United States Government 
                reentry site' include any necessary facility, 
                at that location, that is commercially operated 
                on United States Government property.
    ``(d) Rule of Construction.--Nothing in this section shall 
be construed to limit the ability of the Secretary of Defense 
to consult with the Secretary of Transportation with respect to 
requirements and approvals under chapter 509 of title 51, 
United States Code.''
    Substantially identical provisions were contained in the 
following act: Pub. L. 114-90, title I, Sec. 113, Nov. 25, 
2015, 129 Stat. 714.

Sec. 50919. Relationship to other executive agencies, laws, and 
                    international obligations

    (a) Executive Agencies.--Except as provided in this 
chapter, a person is not required to obtain from an executive 
agency a license, approval, waiver, or exemption to launch a 
launch vehicle or operate a launch site or reentry site, or to 
reenter a reentry vehicle.
    (b) Federal Communications Commission and Secretary of 
Commerce.--This chapter does not affect the authority of--
          (1) the Federal Communications Commission under the 
        Communications Act of 1934 (47 U.S.C. 151 et seq.); or
          (2) the Secretary of Commerce under chapter 601 of 
        this title.
    (c) States and Political Subdivisions.--A State or 
political subdivision of a State--
          (1) may not adopt or have in effect a law, 
        regulation, standard, or order inconsistent with this 
        chapter; but
          (2) may adopt or have in effect a law, regulation, 
        standard, or order consistent with this chapter that is 
        in addition to or more stringent than a requirement of, 
        or regulation prescribed under, this chapter.
      (d) Consultation.--The Secretary of Transportation is 
encouraged to consult with a State to simplify and expedite the 
approval of a space launch or reentry activity.
      (e) Foreign Countries.--The Secretary of Transportation 
shall--
          (1) carry out this chapter consistent with an 
        obligation the United States Government assumes in a 
        treaty, convention, or agreement in force between the 
        Government and the government of a foreign country; and
          (2) consider applicable laws and requirements of a 
        foreign country when carrying out this chapter.
    (f) Launch Not an Export; Reentry Not an Import.--A launch 
vehicle, reentry vehicle, or payload that is launched or 
reentered is not, because of the launch or reentry, an export 
or import, respectively, for purposes of a law controlling 
exports or imports, except that payloads launched pursuant to 
foreign trade zone procedures as provided for under the Foreign 
Trade Zones Act (19 U.S.C. 81a-81u) shall be considered exports 
with regard to customs entry.
    (g) Nonapplication.--
          (1) In general.--This chapter does not apply to--
                  (A) a launch, reentry, operation of a launch 
                vehicle or reentry vehicle, operation of a 
                launch site or reentry site, or other space 
                activity the Government carries out for the 
                Government; or
                  (B) planning or policies related to the 
                launch, reentry, operation, or activity under 
                subparagraph (A).
          (2) Rule of construction.--The following activities 
        are not space activities the Government carries out for 
        the Government under paragraph (1):
                  (A) A government astronaut being carried 
                within a launch vehicle or reentry vehicle 
                under this chapter.
                  (B) A government astronaut performing 
                activities directly relating to the launch, 
                reentry, or other operation of the launch 
                vehicle or reentry vehicle under this chapter.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1342, 
Sec. 70117 of title 49; Pub. L. 104-287, Sec. 5(95), Oct. 11, 
1996, 110 Stat. 3398; Pub. L. 105-303, title I, 
Sec. 102(a)(15), Oct. 28, 1998, 112 Stat. 2850; renumbered 
Sec. 70117 then Sec. 50919 of title 51 and amended Pub. L. 111-
314, Sec. 4(d)(2), (3)(S), (5)(T), Dec. 18, 2010, 124 Stat. 
3440-3442; Pub. L. 114-90, title I, Sec. 112(o), Nov. 25, 2015, 
129 Stat. 713.)

             Historical and Revision Notes Pub. L. 103-272

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70117(a).............................  49 App.:2605(c)(1).                Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           Sec.  6(c), 21, 98 Stat. 3058, 3063.
70117(b).............................  49 App.:2605(c)(2).                ......................................
70117(c).............................  49 App.:2620(a) (1st, 2d           ......................................
                                        sentences).
70117(d).............................  49 App.:2620(a) (last sentence).   ......................................
70117(e).............................  49 App.:2620(d).                   ......................................
70117(f).............................  49 App.:2620(b).                   ......................................
70117(g).............................  49 App.:2620(c).                   ......................................
----------------------------------------------------------------------------------------------------------------

    In subsection (e)(1), the words ``government of a foreign 
country'' are substituted for ``foreign nation'' for 
consistency in the revised title and with other titles of the 
United States Code.

                            PUB. L. 104-287

    This amends 49:70117(b)(2) by updating a cross-reference. 
Section 4 of the Land Remote Sensing Policy Act of 1992 (Public 
Law 102-555, 106 Stat. 4166) repealed the Land Remote-Sensing 
Commercialization Act of 1984 (15 U.S.C. 4201 et seq.). The 
substantive provisions of the Land Remote Sensing Policy Act of 
1992, which replaced the Land Remote-Sensing Commercialization 
Act of 1984, were classified to the United States Code at 15 
U.S.C. 5601 et seq.

                           REFERENCES IN TEXT

    The Communications Act of 1934, referred to in subsec. 
(b)(1), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is 
classified principally to section 151 et seq. of Title 47, 
Telecommunications. For complete classification of this Act to 
the Code, see section 609 of Title 47 and Tables.
    The Foreign Trade Zones Act, referred to in subsec. (f), is 
act June 18, 1934, ch. 590, 48 Stat. 998, which is classified 
generally to chapter 1A (Sec. 81a et seq.) of Title 19, Customs 
Duties. For complete classification of this Act to the Code, 
see Tables.

                               AMENDMENTS

    2015--Subsec. (g). Pub. L. 114-90 amended subsec. (g) 
generally. Prior to amendment, text read as follows: ``This 
chapter does not apply to--
          ``(1) a launch, reentry, operation of a launch 
        vehicle or reentry vehicle, operation of a launch site 
        or reentry site, or other space activity the Government 
        carries out for the Government; or
          ``(2) planning or policies related to the launch, 
        reentry, operation, or activity.''
    2010--Pub. L. 111-314, Sec. 4(d)(2), (3)(S), successively 
renumbered section 70117 of title 49 and section 70117 of this 
title as this section.
    Subsec. (b)(2). Pub. L. 111-314, Sec. 4(d)(5)(T), 
substituted ``chapter 601 of this title'' for ``the Land Remote 
Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)''.
    1998--Subsec. (a). Pub. L. 105-303, Sec. 102(a)(15)(A), 
inserted ``or reentry site, or to reenter a reentry vehicle'' 
after ``operate a launch site''.
    Subsec. (d). Pub. L. 105-303, Sec. 102(a)(15)(B), inserted 
``or reentry'' after ``approval of a space launch''.
    Subsec. (f). Pub. L. 105-303, Sec. 102(a)(15)(C), amended 
heading and text of subsec. (f) generally. Prior to amendment, 
text read as follows: ``A launch vehicle or payload that is 
launched is not, because of the launch, an export for purposes 
of a law controlling exports.''
    Subsec. (g)(1). Pub. L. 105-303, Sec. 102(a)(15)(D)(i), 
substituted ``reentry, operation of a launch vehicle or reentry 
vehicle, operation of a launch site or reentry site,'' for 
``operation of a launch vehicle or launch site,''.
    Subsec. (g)(2). Pub. L. 105-303, Sec. 102(a)(15)(D)(ii), 
inserted ``reentry,'' after ``launch,''.
    1996--Subsec. (b)(2). Pub. L. 104-287 substituted ``Land 
Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)'' 
for ``Land Remote-Sensing Commercialization Act of 1984 (15 
U.S.C. 4201 et seq.)''.

Sec. 50920. User fees

    The Secretary of Transportation may collect a user fee for 
a regulatory or other service conducted under this chapter only 
if specifically authorized by this chapter.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1342, 
Sec. 70118 of title 49; renumbered Sec. 70118 then Sec. 50920 
of title 51, Pub. L. 111-314, Sec. 4(d)(2), (3)(T), Dec. 18, 
2010, 124 Stat. 3440, 3441.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70118................................  49 App.:2623 (last sentence).      Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           24, (last sentence), 98 Stat. 3064;
                                                                           Dec. 5, 1985, Pub. L. 99-170, Sec.
                                                                           301, 99 Stat. 1018; Oct. 30, 1987,
                                                                           Pub. L. 100-147, Sec.  120, 101 Stat.
                                                                           868; Nov. 17, 1988, Pub. L. 100-685,
                                                                           Sec.  213, 102 Stat. 4093; Nov. 16,
                                                                           1990, Pub. L. 101-611, Sec.  117(a),
                                                                           104 Stat. 3202; restated Dec. 9,
                                                                           1991, Pub. L. 102-195, Sec.  13, 105
                                                                           Stat. 1613; Nov. 4, 1992, Pub. L. 102-
                                                                           588, Sec.  211, 106 Stat. 5115.
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2010--Pub. L. 111-314 successively renumbered section 70118 
of title 49 and section 70118 of this title as this section.

Sec. 50921. Office of Commercial Space Transportation

    There are authorized to be appropriated to the Secretary of 
Transportation for the activities of the Office of the 
Associate Administrator for Commercial Space Transportation--
          (1) $11,941,000 for fiscal year 2005;
          (2) $12,299,000 for fiscal year 2006;
          (3) $12,668,000 for fiscal year 2007;
          (4) $13,048,000 for fiscal year 2008; and
          (5) $13,440,000 for fiscal year 2009.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1343, 
Sec. 70119 of title 49, Pub. L. 105-303, title I, Sec. 102(b), 
Oct. 28, 1998, 112 Stat. 2851; Pub. L. 106-405, Sec. 3(a), Nov. 
1, 2000, 114 Stat. 1752; Pub. L. 108-360, title III, Sec. 301, 
Oct. 25, 2004, 118 Stat. 1680; renumbered Sec. 70119 then 
Sec. 50921 of title 51, Pub. L. 111-314, Sec. 4(d)(2), (3)(U), 
Dec. 18, 2010, 124 Stat. 3440, 3441.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70119................................  49 App.:2623 (less last            Oct. 30, 1984, Pub. L. 98-575, Sec.
                                        sentence).                         24, (less last sentence), 98 Stat.
                                                                           3064; Dec. 5, 1985, Pub. L. 99-170,
                                                                           Sec.  301, 99 Stat. 1018; Oct. 30,
                                                                           1987, Pub. L. 100-147, Sec.  120, 101
                                                                           Stat. 868; Nov. 17, 1988, Pub. L. 100-
                                                                           685, Sec.  213, 102 Stat. 4093; Nov.
                                                                           16, 1990, Pub. L. 101-611, Sec.
                                                                           117(a), 104 Stat. 3202; restated Dec.
                                                                           9, 1991, Pub. L. 102-195, Sec.  13,
                                                                           105 Stat. 1613; Nov. 4, 1992, Pub. L.
                                                                           102-588, Sec.  211, 106 Stat. 5115.
----------------------------------------------------------------------------------------------------------------

    In this section, the amendment by section 211 of the 
National Aeronautics and Space Administration Authorization 
Act, Fiscal Year 1993 (Pub. L. 102-588, 106 Stat. 5115) was 
executed to carry out the probable intent of Congress by 
omitting the period after ``1993''.
    As to the applicability of section 219 of the Act (Pub. L. 
102-588, 106 Stat. 5118) to amounts authorized by this section 
for fiscal year 1993, see section 6(b) of the bill.

                               AMENDMENTS

    2010--Pub. L. 111-314 successively renumbered section 70119 
of title 49 and section 70119 of this title as this section.
    2004--Pars. (1) to (5). Pub. L. 108-360 added pars. (1) to 
(5) and struck out former pars. (1) and (2) which read as 
follows:
          ``(1) $12,607,000 for fiscal year 2001; and
          ``(2) $16,478,000 for fiscal year 2002.''
    2000--Pub. L. 106-405 amended section catchline and text 
generally. Prior to amendment, text read as follows: ``There 
are authorized to be appropriated to the Secretary of 
Transportation for the activities of the Office of the 
Associate Administrator for Commercial Space Transportation--
          ``(1) $6,275,000 for the fiscal year ending September 
        30, 1999; and
          ``(2) $6,600,000 for the fiscal year ending September 
        30, 2000.''
    1998--Pub. L. 105-  303 reenacted section catchline without 
change and amended text generally. Prior to amendment, text 
read as follows: ``The following amounts may be appropriated to 
the Secretary of Transportation for the fiscal year ending 
September 30, 1993:
          ``(1) $4,900,000 to carry out this chapter.
          ``(2) $20,000,000 for a program to ensure the 
        resiliency of the space launch infrastructure of the 
        United States if a law is enacted to establish that 
        program in the Department of Transportation.''

Sec. 50922. Regulations

    (a) In General.--The Secretary of Transportation, within 9 
months after the date of the enactment of this section, shall 
issue regulations to carry out this chapter that include--
          (1) guidelines for industry and State governments to 
        obtain sufficient insurance coverage for potential 
        damages to third parties;
          (2) procedures for requesting and obtaining licenses 
        to launch a commercial launch vehicle;
          (3) procedures for requesting and obtaining operator 
        licenses for launch;
          (4) procedures for requesting and obtaining launch 
        site operator licenses; and
          (5) procedures for the application of government 
        indemnification.
    (b) Reentry.--The Secretary of Transportation, within 6 
months after the date of the enactment of this section, shall 
issue a notice of proposed rulemaking to carry out this chapter 
that includes--
          (1) procedures for requesting and obtaining licenses 
        to reenter a reentry vehicle;
          (2) procedures for requesting and obtaining operator 
        licenses for reentry; and
          (3) procedures for requesting and obtaining reentry 
        site operator licenses.
    (c) Amendments.--
          (1) Not later than 12 months after the date of 
        enactment of the Commercial Space Launch Amendments Act 
        of 2004, the Secretary shall publish proposed 
        regulations to carry out that Act, including 
        regulations relating to crew, space flight 
        participants, and permits for launch or reentry of 
        reusable suborbital rockets. Not later than 18 months 
        after such date of enactment, the Secretary shall issue 
        final regulations.
          (2) (A) Starting 3 years after the date of enactment 
        of the Commercial Space Launch Amendments Act of 2004, 
        the Secretary may issue final regulations changing the 
        definition of suborbital rocket under this chapter. No 
        such regulation may take effect until 180 days after 
        the Secretary has submitted the regulation to the 
        Congress.
          (B) The Secretary may issue regulations under this 
        paragraph only if the Secretary has determined that the 
        definition in section 50902 does not describe, or will 
        not continue to describe, all appropriate vehicles and 
        only those vehicles. In making that determination, the 
        Secretary shall take into account the evolving nature 
        of the commercial space launch industry.
    (d) Effective Date.--
          (1) Licenses for the launch or reentry of launch 
        vehicles or reentry vehicles with human beings on board 
        and permits may be issued by the Secretary prior to the 
        issuance of the regulations described in subsection 
        (c).
          (2) As soon as practicable after the date of 
        enactment of the Commercial Space Launch Amendments Act 
        of 2004, the Secretary shall issue guidelines or 
        advisory circulars to guide the implementation of that 
        Act until regulations are issued.
          (3) Notwithstanding paragraphs (1) and (2), no 
        licenses for the launch or reentry of launch vehicles 
        or reentry vehicles with human beings on board or 
        permits may be issued starting three years after the 
        date of enactment of the Commercial Space Launch 
        Amendments Act of 2004 unless the final regulations 
        described in subsection (c) have been issued.

(Added Pub. L. 105-303, title I, Sec. 102(a)(16), Oct. 28, 
1998, 112 Stat. 2850, Sec. 70120 of title 49; amended Pub. L. 
108-492, Sec. 2(c)(25), Dec. 23, 2004, 118 Stat. 3981; 
renumbered Sec. 70120 then Sec. 50922 of title 51 and amended 
Pub. L. 111-314, Sec. 4(d)(2), (3)(V), (5)(U), Dec. 18, 2010, 
124 Stat. 3440-3442.)

                           REFERENCES IN TEXT

    The date of the enactment of this section, referred to in 
subsecs. (a) and (b), is the date of enactment of Pub. L. 105-
303, which was approved Oct. 28, 1998.
    The Commercial Space Launch Amendments Act of 2004, 
referred to in subsecs. (c) and (d), is Pub. L. 108-492, Dec. 
23, 2004, 118 Stat. 3974, which was approved Dec. 23, 2004. For 
complete classification of this Act to the Code, see Short 
Title of 2004 Act note set out under section 10101 of this 
title and Tables.

                               AMENDMENTS

    2010--Pub. L. 111-314, Sec. 4(d)(2), (3)(V), successively 
renumbered section 70120 of title 49 and section 70120 of this 
title as this section.
    Subsec. (c)(2)(B). Pub. L. 111-314, Sec. 4(d)(5)(U), 
substituted ``section 50902'' for ``section 70102''.
    2004--Subsecs. (c), (d). Pub. L. 108-492 added subsecs. (c) 
and (d).

Sec. 50923. Report to Congress

    The Secretary of Transportation shall submit to Congress an 
annual report to accompany the President's budget request 
that--
          (1) describes all activities undertaken under this 
        chapter, including a description of the process for the 
        application for and approval of licenses under this 
        chapter and recommendations for legislation that may 
        further commercial launches and reentries; and
          (2) reviews the performance of the regulatory 
        activities and the effectiveness of the Office of 
        Commercial Space Transportation.

(Added Pub. L. 105-303, title I, Sec. 102(a)(16), Oct. 28, 
1998, 112 Stat. 2851, Sec. 70121 of title 49; renumbered 
Sec. 70121 then Sec. 50923 of title 51, Pub. L. 111-314, 
Sec. 4(d)(2), (3)(W), Dec. 18, 2010, 124 Stat. 3440, 3441.)

                               AMENDMENTS

    2010--Pub. L. 111-314 successively renumbered section 70121 
of title 49 and section 70121 of this title as this section.

    CHAPTER 511--SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS

Sec.
51101. Definitions.
51102. Grant authority.
51103. Grant applications.
51104. Environmental requirements.
51105. Authorization of appropriations.

                               AMENDMENTS

    2010--Pub. L. 111-314, 4(d)(2), (4), Dec. 18, 2010, 124 
Stat. 3440, 3441, transferred analysis for chapter 703 of Title 
49, Transportation, and renumbered as analysis for chapter 511 
of this title and renumbered items 70301 to 70305 as 51101 to 
51105, respectively.

Sec. 51101. Definitions

    In this chapter--
          (1) the definitions in section 50501 of this title 
        apply.
          (2) ``commercial space transportation infrastructure 
        development'' includes--
                  (A) construction, improvement, design, and 
                engineering of space transportation 
                infrastructure in the United States; and
                  (B) technical studies to define how new or 
                enhanced space transportation infrastructure 
                can best meet the needs of the United States 
                commercial space transportation industry.
          (3) ``project'' means a project (or separate projects 
        submitted together) to carry out commercial space 
        transportation infrastructure development, including 
        the combined submission of all projects to be 
        undertaken at a particular site in a fiscal year.
          (4) ``project grant'' means a grant of an amount by 
        the Secretary of Transportation to a sponsor for one or 
        more projects.
          (5) ``public agency'' means a State or an agency of a 
        State, a political subdivision of a State, or a tax-
        supported organization.
          (6) ``sponsor'' means a public agency that, 
        individually or jointly with one or more other public 
        agencies, submits to the Secretary under this chapter 
        an application for a project grant.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1343, 
Sec. 70301 of title 49; renumbered Sec. 70301 then Sec. 51101 
of title 51 and amended Pub. L. 111-314, Sec. 4(d)(2), (4)(A), 
(6)(A), Dec. 18, 2010, 124 Stat. 3440-3442.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70301................................  15:5804(a).                        Nov. 4, 1992, Pub. L., 102-588, Sec.
                                                                           505(a), 106 Stat. 5124.
----------------------------------------------------------------------------------------------------------------

    Clause (1) is added to incorporate the definitions in 
15:5802.
    In clause (2), the word ``includes'' is substituted for 
``may include'' for consistency in the revised title and with 
other titles of the United States Code.
    In clause (5), the words ``municipality or other'' are 
omitted for consistency.
    The text of 15:5804(5) is omitted as unnecessary because 
the complete name of the Secretary of Transportation is used 
the first time the term appears in a section.

                               AMENDMENTS

    2010--Pub. L. 111-314, Sec. 4(d)(2), (4)(A), successively 
renumbered section 70301 of title 49 and section 70301 of this 
title as this section.
    Par. (1). Pub. L. 111-314, Sec. 4(d)(6)(A), substituted 
``section 50501 of this title'' for ``section 502 of the 
National Aeronautics and Space Administration Authorization 
Act, Fiscal Year 1993 (15 U.S.C. 5802)''.

Sec. 51102. Grant authority

    (a) General Authority.--To ensure the resiliency of the 
space transportation infrastructure of the United States, the 
Secretary of Transportation may make project grants to sponsors 
as provided in this chapter.
    (b) Limitations.--The Secretary may make a project grant 
under this chapter only if--
          (1) at least 10 percent of the total cost of the 
        project will be paid by the private sector; and
          (2) the grant will not be for more than 50 percent of 
        the total cost of the project.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1343, 
Sec. 70302 of title 49; renumbered Sec. 70302 then Sec. 51102 
of title 51, Pub. L. 111-314, Sec. 4(d)(2), (4)(B), Dec. 18, 
2010, 124 Stat. 3440, 3441.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70302(a).............................  15:5804(b) (1st sentence).         Nov. 4, 1992, Pub. L., 102-588, Sec.
                                                                           505(b) (1st sentence), (f), 106 Stat.
                                                                           5125, 5127.
70302(b).............................  15:5804(f).
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``of the United States'' are 
substituted for ``Nation's'' for consistency.

                               AMENDMENTS

    2010--Pub. L. 111-314 successively renumbered section 70302 
of title 49 and section 70302 of this title as this section.

Sec. 51103. Grant applications

    (a) General.--A sponsor may submit to the Secretary of 
Transportation an application for a project grant. The 
application must state the project to be undertaken and be in 
the form and contain the information the Secretary requires.
    (b) Considerations and Consultation.--
          (1) In selecting proposed projects for grants under 
        this section, the Secretary of Transportation shall 
        consider--
                  (A) the contribution of the project to 
                industry capabilities that serve the United 
                States Government's space transportation needs;
                  (B) the extent of industry's financial 
                contribution to the project;
                  (C) the extent of industry's participation in 
                the project;
                  (D) the positive impact of the project on the 
                international competitiveness of the United 
                States space transportation industry;
                  (E) the extent of State contributions to the 
                project; and
                  (F) the impact of the project on launch 
                operations and other activities at Government 
                launch ranges.
          (2) The Secretary of Transportation shall consult 
        with the Secretary of Defense, the Administrator of the 
        National Space and Aeronautics Administration, and the 
        heads of other appropriate agencies of the Government 
        about paragraph (1)(A) and (F) of this subsection.
    (c) Requirements.--The Secretary of Transportation may 
approve an application only if the Secretary is satisfied 
that--
          (1) the project will contribute to the purposes of 
        this chapter;
          (2) the project is reasonably consistent with plans 
        (existing at the time of approval of the project) of 
        public agencies that are--
                  (A) authorized by the State in which the 
                project is located; and
                  (B) responsible for the development of the 
                area surrounding the project site;
          (3) if the application proposes to use Government 
        property, the specific consent of the head of the 
        appropriate agency has been obtained;
          (4) the project will be completed without 
        unreasonable delay;
          (5) the sponsor submitting the application has the 
        legal authority to engage in the project; and
          (6) any additional requirements prescribed by the 
        Secretary have been met.
    (d) Preference for Industry Contributions.--The Secretary 
of Transportation shall give preference to applications for 
projects for which there will be greater industry financial 
contributions, all other factors being equal.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1344, 
Sec. 70303 of title 49; renumbered Sec. 70303 then Sec. 51103 
of title 51, Pub. L. 111-314, Sec. 4(d)(2), (4)(C), Dec. 18, 
2010, 124 Stat. 3440, 3441.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70303(a).............................  15:5804(d)(1).                     Nov. 4, 1992, Pub. L. 102-588, Sec.
                                                                           505(c), (d), 106 Stat. 5125.
70303(b)(1)..........................  15:5804(c)(1).
70303(b)(2)..........................  15:5804(c)(2).
70303(c).............................  15:5804(d)(2).
70303(d).............................  15:5804(c)(3).
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``for one or more projects'' 
are omitted as unnecessary because of the definition of 
``project'' in section 70301 of the revised title.
    In subsection (c)(5), the words ``as proposed'' are omitted 
as surplus.

                               AMENDMENTS

    2010--Pub. L. 111-314 successively renumbered section 70303 
of title 49 and section 70303 of this title as this section.

Sec. 51104. Environmental requirements

    (a) Policy.--It is the policy of the United States that 
projects selected under this chapter shall provide for the 
protection and enhancement of the natural resources and the 
quality of the environment of the United States. In carrying 
out this policy, the Secretary of Transportation shall consult 
with the Secretary of the Interior and the Administrator of the 
Environmental Protection Agency about a project that may have a 
significant effect on natural resources, including fish and 
wildlife, natural, scenic, and recreational assets, water and 
air quality, and other factors affecting the environment. If 
the Secretary of Transportation finds that a project will have 
a significant adverse effect, the Secretary may approve the 
application for the project only if, after a complete review 
that is a matter of public record, the Secretary makes a 
written finding that no feasible and prudent alternative to the 
project exists and that all reasonable steps have been taken to 
minimize the adverse effect.
    (b) Public Hearing Requirement.--The Secretary of 
Transportation may approve an application only if the sponsor 
of the project certifies to the Secretary that an opportunity 
for a public hearing has been provided to consider the 
economic, social, and environmental effects of the project and 
its consistency with the goals of any planning carried out by 
the community. When a hearing is held under this paragraph, the 
sponsor shall submit a copy of the transcript of the hearing to 
the Secretary.
    (c) Compliance With Air and Water Quality Standards.--
          (1) The Secretary of Transportation may approve an 
        application only if the chief executive officer of the 
        State in which the project is located certifies in 
        writing to the Secretary that there is reasonable 
        assurance that the project will be located, designed, 
        constructed, and operated to comply with applicable air 
        and water quality standards. If the Administrator has 
        not prescribed those standards, certification shall be 
        obtained from the Administrator. Notice of 
        certification or refusal to certify shall be provided 
        not later than 60 days after the Secretary receives the 
        application.
          (2) The Secretary of Transportation shall condition 
        the approval of an application on compliance with 
        applicable air and water quality standards during 
        construction and operation.
    (d) Compliance With Laws and Regulations.--The Secretary of 
Transportation may require a certification from a sponsor that 
the sponsor will comply with all applicable laws and 
regulations. The Secretary may rescind at any time acceptance 
of a certification from a sponsor under this subsection. This 
subsection does not affect any responsibility of the Secretary 
under another law, including--
          (1) section 303 of title 49;
          (2) title VI of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d et seq.);
          (3) title VIII of the Act of April 11, 1968 (42 
        U.S.C. 3601 et seq.);
          (4) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); and
          (5) the Uniform Relocation Assistance and Real 
        Property Acquisition Policies Act of 1970 (42 U.S.C. 
        4601 et seq.).

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1344, 
Sec. 70304 of title 49; renumbered Sec. 70304 then Sec. 51104 
of title 51 and amended Pub. L. 111-314, Sec. 4(d)(2), (4)(D), 
(6)(B), Dec. 18, 2010, 124 Stat. 3440, 3441, 3443.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70304................................  15:5804(e).                        Nov. 4, 1992, Pub. L. 102-588, Sec.
                                                                           505(e), 106 Stat. 5126.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``policy of the United 
States'' are substituted for ``national policy'', and the words 
``of the United States'' are substituted for ``of the Nation'', 
for consistency. The words ``included in a project grant 
application'' and ``full and'' are omitted as surplus.
    In subsection (b), the words ``of objectives'' are omitted 
as surplus.
    In subsection (c), the words ``chief executive officer'' 
are substituted for ``Governor'' for consistency in the revised 
title and because the word ``State'' includes the territories 
and possessions of the United States.
    In subsection (d), before clause (1), the words ``in 
connection with any project'', ``imposed on such sponsor under 
this section in connection with such project'', and ``or 
discharge'' are omitted as surplus. The words ``laws and 
regulations'' are substituted for ``statutory and 
administrative requirements'' for consistency in the revised 
title.

                           REFERENCES IN TEXT

    The Civil Rights Act of 1964, referred to in subsec. 
(d)(2), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241. Title VI 
of the Act is classified to subchapter V (Sec. 2000d et seq.) 
of chapter 21 of Title 42, The Public Health and Welfare. For 
complete classification of this Act to the Code, see Short 
Title note set out under section 2000a of Title 42 and Tables.
    Title VIII of the Act of April 11, 1968, referred to in 
subsec. (d)(3), is title VIII of Pub. L. 90-284, Apr. 11, 1968, 
82 Stat. 81, known as the Fair Housing Act, which is classified 
principally to subchapter I (Sec. 3601 et seq.) of chapter 45 
of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see Short Title note 
set out under section 3601 of Title 42 and Tables.
    The National Environmental Policy Act of 1969, referred to 
in subsec. (d)(4), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 
852, which is classified generally to chapter 55 (Sec. 4321 et 
seq.) of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see Short Title note 
set out under section 4321 of Title 42 and Tables.
    The Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, referred to in subsec. 
(d)(5), is Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, which 
is classified principally to chapter 61 (Sec. 4601 et seq.) of 
Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see Short Title note 
set out under section 4601 of Title 42 and Tables.

                               AMENDMENTS

    2010--Pub. L. 111-314, Sec. 4(d)(2), (4)(D), successively 
renumbered section 70304 of title 49 and section 70304 of this 
title as this section.
    Subsec. (d)(1). Pub. L. 111-314, Sec. 4(d)(6)(B), 
substituted ``section 303 of title 49'' for ``section 303 of 
this title''.

Sec. 51105. Authorization of appropriations

    Not more than $10,000,000 may be appropriated to the 
Secretary of Transportation to make grants under this chapter. 
Amounts appropriated under this section remain available until 
expended.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1345, 
Sec. 70305 of title 49; renumbered Sec. 70305 then Sec. 51105 
of title 51, Pub. L. 111-314, Sec. 4(d)(2), (4)(E), Dec. 18, 
2010, 124 Stat. 3440, 3441.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70305................................  15:5804(b) (2d, last sentences).   Nov. 4, 1992, Pub. L. 102-588, Sec.
                                                                           505(b) (2d, last sentences), 106
                                                                           Stat. 5125.
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2010--Pub. L. 111-314 successively renumbered section 70305 
of title 49 and section 70305 of this title as this section.

   CHAPTER 513--SPACE RESOURCE COMMERCIAL EXPLORATION AND UTILIZATION

Sec.
51301. Definitions.
51302. Commercial exploration and commercial recovery.
51303. Asteroid resource and space resource rights.

                               AMENDMENTS

    2015--Pub. L. 114-90, title IV, Sec. 402(a), Nov. 25, 2015, 
129 Stat. 720, added chapter 513 and items 51301 to 51303.

Sec. 51301. Definitions

    In this chapter:
          (1) Asteroid resource.--The term ``asteroid 
        resource'' means a space resource found on or within a 
        single asteroid.
          (2) Space resource.--
                  (A) In general.--The term ``space resource'' 
                means an abiotic resource in situ in outer 
                space.
                  (B) Inclusions.--The term ``space resource'' 
                includes water and minerals.
          (3) United states citizen.--The term ``United States 
        citizen'' has the meaning given the term ``citizen of 
        the United States'' in section 50902.

(Added Pub. L. 114-90, title IV, Sec. 402(a), Nov. 25, 2015, 
129 Stat. 721.)

Sec. 51302. Commercial exploration and commercial recovery

    (a) In General.--The President, acting through appropriate 
Federal agencies, shall--
          (1) facilitate commercial exploration for and 
        commercial recovery of space resources by United States 
        citizens;
          (2) discourage government barriers to the development 
        in the United States of economically viable, safe, and 
        stable industries for commercial exploration for and 
        commercial recovery of space resources in manners 
        consistent with the international obligations of the 
        United States; and
          (3) promote the right of United States citizens to 
        engage in commercial exploration for and commercial 
        recovery of space resources free from harmful 
        interference, in accordance with the international 
        obligations of the United States and subject to 
        authorization and continuing supervision by the Federal 
        Government.
    (b) Report.--Not later than 180 days after the date of 
enactment of this section, the President shall submit to 
Congress a report on commercial exploration for and commercial 
recovery of space resources by United States citizens that 
specifies--
          (1) the authorities necessary to meet the 
        international obligations of the United States, 
        including authorization and continuing supervision by 
        the Federal Government; and
          (2) recommendations for the allocation of 
        responsibilities among Federal agencies for the 
        activities described in paragraph (1).

(Added Pub. L. 114-90, title IV, Sec. 402(a), Nov. 25, 2015, 
129 Stat. 721.)

                           REFERENCES IN TEXT

    The date of enactment of this section, referred to in 
subsec. (b), is the date of enactment of Pub. L. 114-90, which 
was approved Nov. 25, 2015.

Sec. 51303. Asteroid resource and space resource rights

    A United States citizen engaged in commercial recovery of 
an asteroid resource or a space resource under this chapter 
shall be entitled to any asteroid resource or space resource 
obtained, including to possess, own, transport, use, and sell 
the asteroid resource or space resource obtained in accordance 
with applicable law, including the international obligations of 
the United States.

(Added Pub. L. 114-90, title IV, Sec. 402(a), Nov. 25, 2015, 
129 Stat. 721.)

                   CHAPTER 515--OFFICE OF SPACEPORTS

Sec.
51501. Establishment of Office of Spaceports.

                               AMENDMENTS

    2018--Pub. L. 115-254, div. B, title V, Sec. 580(b)(1), 
Oct. 5, 2018, 132 Stat. 3395, added chapter 515 and item 51501.

Sec. 51501. Establishment of Office of Spaceports

    (a) Establishment of Office.--Not later than 90 days after 
the date of enactment of this section, the Secretary of 
Transportation shall identify, within the Office of Commercial 
Space Transportation, a centralized policy office to be known 
as the Office of Spaceports.
    (b) Functions.--The Office of Spaceports shall--
          (1) support licensing activities for operation of 
        launch and reentry sites;
          (2) develop policies that promote infrastructure 
        improvements at spaceports;
          (3) provide technical assistance and guidance to 
        spaceports;
          (4) promote United States spaceports within the 
        Department; and
          (5) strengthen the Nation's competitiveness in 
        commercial space transportation infrastructure and 
        increase resilience for the Federal Government and 
        commercial customers.
    (c) Recognition.--In carrying out the functions assigned in 
subsection (b), the Secretary shall recognize the unique needs 
and distinctions of spaceports that host--
          (1) launches to or reentries from orbit; and
          (2) are involved in suborbital launch activities.
    (d) Director.--The head of the Office of the Associate 
Administrator for Commercial Space Transportation shall 
designate a Director of the Office of Spaceports.
    (e) Definition.--In this section the term ``spaceport'' 
means a launch or reentry site that is operated by an entity 
licensed by the Secretary of Transportation.

(Added Pub. L. 115-254, div. B, title V, Sec. 580(b)(1), Oct. 
5, 2018, 132 Stat. 3395.)

                           REFERENCES IN TEXT

    The date of enactment of this section, referred to in 
subsec. (a), is the date of enactment of Pub. L. 115-254, which 
was approved Oct. 5, 2018.

SUBTITLE VI OF TITLE 51, U.S.C.

SUBTITLE VI OF TITLE 51, U.S.C.

                    SUBTITLE VI--EARTH OBSERVATIONS

                CHAPTER 601--LAND REMOTE SENSING POLICY

                          Subchapter I--General

Sec.
60101. Definitions.

                         Subchapter II--Landsat

60111. Landsat Program Management.
60112. Transfer of Landsat 6 program responsibilities.
60113. Data policy for Landsat 7.

    Subchapter III--Licensing of Private Remote Sensing Space Systems

60121. General licensing authority.
60122. Conditions for operation.
60123. Administrative authority of Secretary.
60124. Regulatory authority of Secretary.
60125. Agency activities.
60126. Annual reports.

         Subchapter IV--Research, Development, and Demonstration

60131. Continued Federal research and development.
60132. Availability of federally gathered unenhanced data.
60133. Technology demonstration program.
60134. Preference for private sector land remote sensing system.

                    Subchapter V--General Provisions

60141. Nondiscriminatory data availability.
60142. Archiving of data.
60143. Nonreproduction.
60144. Reimbursement for assistance.
60145. Acquisition of equipment.
60146. Radio frequency allocation.
60147. Consultation.
60148. Enforcement.

  Subchapter VI--Prohibition of Commercialization of Weather Satellites

60161. Prohibition.
60162. Future considerations.

                               AMENDMENTS

    2015--Pub. L. 114-90, title II, Sec. 201(b), Nov. 25, 2015, 
129 Stat. 719, added item 60126.

                         SUBCHAPTER I--GENERAL

Sec. 60101. Definitions

    In this chapter:
          (1) Cost of fulfilling user requests.--The term 
        ``cost of fulfilling user requests'' means the 
        incremental costs associated with providing product 
        generation, reproduction, and distribution of 
        unenhanced data in response to user requests and shall 
        not include any acquisition, amortization, or 
        depreciation of capital assets originally paid for by 
        the United States Government or other costs not 
        specifically attributable to fulfilling user requests.
          (2) Data continuity.--The term ``data continuity'' 
        means the continued acquisition and availability of 
        unenhanced data which are, from the point of view of 
        the user--
                  (A) sufficiently consistent (in terms of 
                acquisition geometry, coverage characteristics, 
                and spectral characteristics) with previous 
                Landsat data to allow comparisons for global 
                and regional change detection and 
                characterization; and
                  (B) compatible with such data and with 
                methods used to receive and process such data.
          (3) Data preprocessing.--The term ``data 
        preprocessing''--(
                  (A) may include--
                          (i) rectification of system and 
                        sensor distortions in land remote 
                        sensing data as it is received directly 
                        from the satellite in preparation for 
                        delivery to a user;
                          (ii) registration of such data with 
                        respect to features of the Earth; and
                          (iii) calibration of spectral 
                        response with respect to such data; but
                  (B) does not include conclusions, 
                manipulations, or calculations derived from 
                such data, or a combination of such data with 
                other data.
          (4) Land remote sensing.--The term ``land remote 
        sensing'' means the collection of data which can be 
        processed into imagery of surface features of the Earth 
        from an unclassified satellite or satellites, other 
        than an operational United States Government weather 
        satellite.
          (5) Landsat program management.--The term ``Landsat 
        Program Management'' means the integrated program 
        management structure--
                  (A) established by, and responsible to, the 
                Administrator and the Secretary of Defense 
                pursuant to section 60111(a) of this title; and
                  (B) consisting of appropriate officers and 
                employees of the Administration, the Department 
                of Defense, and any other United States 
                Government agencies the President designates as 
                responsible for the Landsat program.
          (6) Landsat system.--The term ``Landsat system'' 
        means Landsats 1, 2, 3, 4, 5, and 6, and any follow-on 
        land remote sensing system operated and owned by the 
        United States Government, along with any related ground 
        equipment, systems, and facilities owned by the United 
        States Government.
          (7) Landsat 6 contractor.--The term ``Landsat 6 
        contractor'' means the private sector entity which was 
        awarded the contract for spacecraft construction, 
        operations, and data marketing rights for the Landsat 6 
        spacecraft.
          (8) Landsat 7.--The term ``Landsat 7'' means the 
        follow-on satellite to Landsat 6.
          (9) National satellite land remote sensing data 
        archive.--The term ``National Satellite Land Remote 
        Sensing Data Archive'' means the archive established by 
        the Secretary of the Interior pursuant to the archival 
        responsibilities defined in section 60142 of this 
        title.
          (10) Noncommercial purposes.--The term 
        ``noncommercial purposes'' means activities undertaken 
        by individuals or entities on the condition, upon 
        receipt of unenhanced data, that--
                  (A) such data shall not be used in connection 
                with any bid for a commercial contract, 
                development of a commercial product, or any 
                other non-United States Government activity 
                that is expected, or has the potential, to be 
                profitmaking;
                  (B) the results of such activities are 
                disclosed in a timely and complete fashion in 
                the open technical literature or other method 
                of public release, except when such disclosure 
                by the United States Government or its 
                contractors would adversely affect the national 
                security or foreign policy of the United States 
                or violate a provision of law or regulation; 
                and
                  (C) such data shall not be distributed in 
                competition with unenhanced data provided by 
                the Landsat 6 contractor.
          (11) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.
          (12) Unenhanced data.--The term ``unenhanced data'' 
        means land remote sensing signals or imagery products 
        that are unprocessed or subject only to data 
        preprocessing.
        (13) United States Government and its affiliated 
        users.--The term ``United States Government and its 
        affiliated users'' means--
                  (A) United States Government agencies;
                  (B) researchers involved with the United 
                States Global Change Research Program and its 
                international counterpart programs; and
                  (C) other researchers and international 
                entities that have signed with the United 
                States Government a cooperative agreement 
                involving the use of Landsat data for 
                noncommercial purposes.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3409.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60101................................  15 U.S.C. 5602.                    Pub. L. 102-555, Sec.  3, Oct. 28,
                                                                           1992, 106 Stat. 4164.
----------------------------------------------------------------------------------------------------------------

    The definition of ``Administrator'' in section 3 of the 
Land Remote Sensing Policy Act of 1992 (Public Law 102-555, 106 
Stat. 4164) is omitted as unnecessary because of the definition 
added by section 10101 of title 51.

                                FINDINGS

    Pub. L. 102-555, Sec. 2, Oct. 28, 1992, 106 Stat. 4163, 
provided that: ``The Congress finds and declares the following:
          ``(1) The continuous collection and utilization of 
        land remote sensing data from space are of major 
        benefit in studying and understanding human impacts on 
        the global environment, in managing the Earth's natural 
        resources, in carrying out national security functions, 
        and in planning and conducting many other activities of 
        scientific, economic, and social importance.
          ``(2) The Federal Government's Landsat system 
        established the United States as the world leader in 
        land remote sensing technology.
          ``(3) The national interest of the United States lies 
        in maintaining international leadership in satellite 
        land remote sensing and in broadly promoting the 
        beneficial use of remote sensing data.
          ``(4) The cost of Landsat data has impeded the use of 
        such data for scientific purposes, such as for global 
        environmental change research, as well as for other 
        public sector applications.
          ``(5) Given the importance of the Landsat program to 
        the United States, urgent actions, including expedited 
        procurement procedures, are required to ensure data 
        continuity.
          ``(6) Full commercialization of the Landsat program 
        cannot be achieved within the foreseeable future, and 
        thus should not serve as the near-term goal of national 
        policy on land remote sensing; however, 
        commercialization of land remote sensing should remain 
        a long-term goal of United States policy.
          ``(7) Despite the success and importance of the 
        Landsat system, funding and organizational 
        uncertainties over the past several years have placed 
        its future in doubt and have jeopardized United States 
        leadership in land remote sensing.
          ``(8) Recognizing the importance of the Landsat 
        program in helping to meet national and commercial 
        objectives, the President approved, on February 11, 
        1992, a National Space Policy Directive which was 
        developed by the National Space Council and commits the 
        United States to ensuring the continuity of Landsat 
        coverage into the 21st century.
          ``(9) Because Landsat data are particularly important 
        for national security purposes and global environmental 
        change research, management responsibilities for the 
        program should be transferred from the Department of 
        Commerce to an integrated program management involving 
        the Department of Defense and the National Aeronautics 
        and Space Administration.
          ``(10) Regardless of management responsibilities for 
        the Landsat program, the Nation's broad civilian, 
        national security, commercial, and foreign policy 
        interests in remote sensing will best be served by 
        ensuring that Landsat remains an unclassified program 
        that operates according to the principles of open skies 
        and nondiscriminatory access.
          ``(11) Technological advances aimed at reducing the 
        size and weight of satellite systems hold the potential 
        for dramatic reductions in the cost, and substantial 
        improvements in the capabilities, of future land remote 
        sensing systems, but such technological advances have 
        not been demonstrated for land remote sensing and 
        therefore cannot be relied upon as the sole means of 
        achieving data continuity for the Landsat program.
          ``(12) A technology demonstration program involving 
        advanced remote sensing technologies could serve a 
        vital role in determining the design of a follow-on 
        spacecraft to Landsat 7, while also helping to 
        determine whether such a spacecraft should be funded by 
        the United States Government, by the private sector, or 
        by an international consortium.
          ``(13) To maximize the value of the Landsat program 
        to the American public, unenhanced Landsat 4 through 6 
        data should be made available, at a minimum, to United 
        States Government agencies, to global environmental 
        change researchers, and to other researchers who are 
        financially supported by the United States Government, 
        at the cost of fulfilling user requests, and unenhanced 
        Landsat 7 data should be made available to all users at 
        the cost of fulfilling user requests.
          ``(14) To stimulate development of the commercial 
        market for unenhanced data and value-added services, 
        the United States Government should adopt a data policy 
        for Landsat 7 which allows competition within the 
        private sector for distribution of unenhanced data and 
        value-added services.
          ``(15) Development of the remote sensing market and 
        the provision of commercial value-added services based 
        on remote sensing data should remain exclusively the 
        function of the private sector.
          ``(16) It is in the best interest of the United 
        States to maintain a permanent, comprehensive 
        Government archive of global Landsat and other land 
        remote sensing data for long-term monitoring and study 
        of the changing global environment.''
    [For definition of terms used in section 2 of Pub. L. 102-
555, set out above, see section 3 of Pub. L. 102-555, Oct. 28, 
1992, 106 Stat. 4164, which was classified to former section 
5602 of Title 15, Commerce and Trade, and was repealed and 
reenacted as this section by Pub. L. 111-314, Sec. Sec. 3, 6, 
Dec. 18, 2010, 124 Stat. 3328, 3444.]

                         SUBCHAPTER II--LANDSAT

Sec. 60111.  Landsat Program Management

    (a) Establishment.--The Administrator and the Secretary of 
Defense shall be responsible for management of the Landsat 
program. Such responsibility shall be carried out by 
establishing an integrated program management structure for the 
Landsat system.
    (b) Management Plan.--The Administrator, the Secretary of 
Defense, and any other United States Government official the 
President designates as responsible for part of the Landsat 
program shall establish, through a management plan, the roles, 
responsibilities, and funding expectations for the Landsat 
program of the appropriate United States Government agencies. 
The management plan shall--
          (1) specify that the fundamental goal of the Landsat 
        Program Management is the continuity of unenhanced 
        Landsat data through the acquisition and operation of a 
        Landsat 7 satellite as quickly as practicable which is, 
        at a minimum, functionally equivalent to the Landsat 6 
        satellite, with the addition of a tracking and data 
        relay satellite communications capability;
          (2) include a baseline funding profile that--
                  (A) is mutually acceptable to the 
                Administration and the Department of Defense 
                for the period covering the development and 
                operation of Landsat 7; and
                  (B) provides for total funding responsibility 
                of the Administration and the Department of 
                Defense, respectively, to be approximately 
                equal to the funding responsibility of the 
                other as spread across the development and 
                operational life of Landsat 7;
          (3) specify that any improvements over the Landsat 6 
        functional equivalent capability for Landsat 7 will be 
        funded by a specific sponsoring agency or agencies, in 
        a manner agreed to by the Landsat Program Management, 
        if the required funding exceeds the baseline funding 
        profile required by paragraph (2), and that additional 
        improvements will be sought only if the improvements 
        will not jeopardize data continuity; and
          (4) provide for a technology demonstration program 
        whose objective shall be the demonstration of advanced 
        land remote sensing technologies that may potentially 
        yield a system which is less expensive to build and 
        operate, and more responsive to data users, than is the 
        current Landsat system.
    (c) Responsibilities.--The Landsat Program Management shall 
be responsible for--
          (1) Landsat 7 procurement, launch, and operations;
          (2) ensuring that the operation of the Landsat system 
        is responsive to the broad interests of the civilian, 
        national security, commercial, and foreign users of the 
        Landsat system;
          (3) ensuring that all unenhanced Landsat data remain 
        unclassified and that, except as provided in 
        subsections (a) and (b) of section 60146 of this title, 
        no restrictions are placed on the availability of 
        unenhanced data;
          (4) ensuring that land remote sensing data of high 
        priority locations will be acquired by the Landsat 7 
        system as required to meet the needs of the United 
        States Global Change Research Program, as established 
        in the Global Change Research Act of 1990 (15 U.S.C. 
        2921 et seq.), and to meet the needs of national 
        security users;
          (5) Landsat data responsibilities pursuant to this 
        chapter;
          (6) oversight of Landsat contracts entered into under 
        sections 102 and 103 of the Land Remote Sensing Policy 
        Act of 1992 (Public Law 102-555, 106 Stat. 4168);
          (7) coordination of a technology demonstration 
        program pursuant to section 60133 of this title; and
          (8) ensuring that copies of data acquired by the 
        Landsat system are provided to the National Satellite 
        Land Remote Sensing Data Archive.
    (d) Authority to Contract.--The Landsat Program Management 
may, subject to appropriations and only under the existing 
contract authority of the United States Government agencies 
that compose the Landsat Program Management, enter into 
contracts with the private sector for services such as 
satellite operations and data preprocessing.
    (e) Landsat Advisory Process.--
          (1) Advice and comments.--The Landsat Program 
        Management shall seek impartial advice and comments 
        regarding the status, effectiveness, and operation of 
        the Landsat system, using existing advisory committees 
        and other appropriate mechanisms. Such advice shall be 
        sought from individuals who represent--
                  (A) a broad range of perspectives on basic 
                and applied science and operational needs with 
                respect to land remote sensing data;
                  (B) the full spectrum of users of Landsat 
                data, including representatives from United 
                States Government agencies, State and local 
                government agencies, academic institutions, 
                nonprofit organizations, value-added companies, 
                the agricultural, mineral extraction, and other 
                user industries, and the public; and
                  (C) a broad diversity of age groups, sexes, 
                and races.
          (2) Reports.--The Landsat Program Management shall 
        prepare and submit biennially a report to Congress 
        which--
                  (A) reports the public comments received 
                pursuant to paragraph (1); and
                  (B) includes--
                          (i) a response to the public comments 
                        received pursuant to paragraph (1);
                          (ii) information on the volume of 
                        use, by category, of data from the 
                        Landsat system; and
                          (iii) any recommendations for policy 
                        or programmatic changes to improve the 
                        utility and operation of the Landsat 
                        system.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3411.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60111................................  15 U.S.C. 5611.                    Pub. L. 102-555, title I, Sec.  101,
                                                                           Oct. 28, 1992, 106 Stat. 4166
----------------------------------------------------------------------------------------------------------------

    In subsection (b), in the matter before paragraph (1), 
after the words ``funding expectations for the Landsat'', the 
word ``program'' is set out without being capitalized to 
correct an error in the law.
    In subsection (c)(6), the words ``sections 102 and 103 of 
the Land Remote Sensing Policy Act of 1992 (Public Law 102-555, 
106 Stat. 4168)'' are substituted for ``sections 102 and 103'' 
to clarify the reference. The reference to sections 102 and 103 
of the Land Remote Sensing Policy Act of 1992 is retained in 
text, notwithstanding the fact that sections 102 and 103 of the 
Act are repealed as obsolete, because oversight 
responsibilities may continue for contracts entered into under 
the now obsolete provisions.
    In subsection (e)(2), in the matter before subparagraph 
(A), the word ``biennially'' is substituted for ``Within 1 year 
after the date of the enactment of this Act and biennially 
thereafter,'' to eliminate obsolete language.

                           REFERENCES IN TEXT

    The Global Change Research Act of 1990, referred to in 
subsec. (c)(4), is Pub. L. 101-606, Nov. 16, 1990, 104 Stat. 
3096, which is classified generally to chapter 56A (Sec. 2921 
et seq.) of Title 15, Commerce and Trade. For complete 
classification of this Act to the Code, see Short Title note 
set out under section 2921 of Title 15 and Tables.
    Sections 102 and 103 of the Land Remote Sensing Policy Act 
of 1992, referred to in subsec. (c)(6), which were classified 
to sections 5612 and 5613, respectively, of Title 15, Commerce 
and Trade, were repealed by Pub. L. 111-314, Sec. 6, Dec. 18, 
2010, 124 Stat. 3444, which Act enacted this title.

                 DEVELOPMENT, PROCUREMENT, AND SUPPORT

    Pub. L. 102-484, div. A, title II, Sec. 243, Oct. 23, 1992, 
106 Stat. 2360, as amended by Pub. L. 103-35, title II, 
Sec. 202(a)(3), May 31, 1993, 107 Stat. 101, provided that: 
``The Secretary of Defense is authorized to contract for the 
development and procurement of, and support for operations of, 
the Landsat vehicle designated as Landsat 7.'' Similar 
provisions were contained in the following prior appropriation 
act:
    Pub. L. 102-396, title IX, Sec. 9082A, Oct. 6, 1992, 106 
Stat. 1920.

Sec. 60112.  Transfer of Landsat 6 program responsibilities

    The responsibilities of the Secretary with respect to 
Landsat 6 shall be transferred to the Landsat Program 
Management, as agreed to between the Secretary and the Landsat 
Program Management, pursuant to section 60111 of this title.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3413.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60112................................  15 U.S.C. 5614.                    Pub. L. 102-555, title I, Sec.  104,
                                                                           Oct. 28, 1992, 106 Stat. 4170.
----------------------------------------------------------------------------------------------------------------

Sec. 60113.  Data policy for Landsat 7

    (a) Landsat 7 Data Policy.--The Landsat Program Management, 
in consultation with other appropriate United States Government 
agencies, shall develop a data policy for Landsat 7 which 
should--
          (1) ensure that unenhanced data are available to all 
        users at the cost of fulfilling user requests;
          (2) ensure timely and dependable delivery of 
        unenhanced data to the full spectrum of civilian, 
        national security, commercial, and foreign users and 
        the National Satellite Land Remote Sensing Data 
        Archive;
          (3) ensure that the United States retains ownership 
        of all unenhanced data generated by Landsat 7;
          (4) support the development of the commercial market 
        for remote sensing data;
          (5) ensure that the provision of commercial value-
        added services based on remote sensing data remains 
        exclusively the function of the private sector; and
          (6) to the extent possible, ensure that the data 
        distribution system for Landsat 7 is compatible with 
        the Earth Observing System Data and Information System.
    (b) Additional Data Policy Considerations.--In addition, 
the data policy for Landsat 7 may provide for--
          (1) United States private sector entities to operate 
        ground receiving stations in the United States for 
        Landsat 7 data;
          (2) other means for direct access by private sector 
        entities to unenhanced data from Landsat 7; and
          (3) the United States Government to charge a per 
        image fee, license fee, or other such fee to entities 
        operating ground receiving stations or distributing 
        Landsat 7 data.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3413.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60113................................  15 U.S.C. 5615(a), (b).            Pub. L. 102-555, title I, Sec.
                                                                           105(a), (b), Oct. 28, 1992, 106 Stat.
                                                                           4170.
----------------------------------------------------------------------------------------------------------------

   Subchapter III--Licensing of Private Remote Sensing Space Systems

Sec. 60121.  General licensing authority

    (a) Licensing Authority of Secretary.--
          (1) In general.--In consultation with other 
        appropriate United States Government agencies, the 
        Secretary is authorized to license private sector 
        parties to operate private remote sensing space systems 
        for such period as the Secretary may specify and in 
        accordance with the provisions of this subchapter.
          (2) Limitation with respect to system used for other 
        purposes.--In the case of a private space system that 
        is used for remote sensing and other purposes, the 
        authority of the Secretary under this subchapter shall 
        be limited only to the remote sensing operations of 
        such space system.
    (b) Compliance With Law, Regulations, International 
Obligations, and National Security.--
          (1) In general.--No license shall be granted by the 
        Secretary unless the Secretary determines in writing 
        that the applicant will comply with the requirements of 
        this chapter, any regulations issued pursuant to this 
        chapter, and any applicable international obligations 
        and national security concerns of the United States.
          (2) List of requirements for complete application.--
        The Secretary shall publish in the Federal Register a 
        complete and specific list of all information required 
        to comprise a complete application for a license under 
        this subchapter. An application shall be considered 
        complete when the applicant has provided all 
        information required by the list most recently 
        published in the Federal Register before the date the 
        application was first submitted. Unless the Secretary 
        has, within 30 days after receipt of an application, 
        notified the applicant of information necessary to 
        complete an application, the Secretary may not deny the 
        application on the basis of the absence of any such 
        information.
    (c) Deadline for Action on Application.--The Secretary 
shall review any application and make a determination thereon 
within 120 days of the receipt of such application. If final 
action has not occurred within such time, the Secretary shall 
inform the applicant of any pending issues and of actions 
required to resolve them.
    (d) Improper Basis for Denial.--The Secretary shall not 
deny such license in order to protect any existing licensee 
from competition.
    (e) Requirement to Provide Unenhanced Data.--
          (1) Designation of data.--The Secretary, in 
        consultation with other appropriate United States 
        Government agencies and pursuant to paragraph (2), 
        shall designate in a license issued pursuant to this 
        subchapter any unenhanced data required to be provided 
        by the licensee under section 60122(b)(3) of this 
        title.
          (2) Preliminary determination.--The Secretary shall 
        make a designation under paragraph (1) after 
        determining that--
                  (A) such data are generated by a system for 
                which all or a substantial part of the 
                development, fabrication, launch, or operations 
                costs have been or will be directly funded by 
                the United States Government; or
                  (B) it is in the interest of the United 
                States to require such data to be provided by 
                the licensee consistent with section 
                60122(b)(3) of this title, after considering 
                the impact on the licensee and the importance 
                of promoting widespread access to remote 
                sensing data from United States and foreign 
                systems.
          (3) Consistency with contract or other arrangement.--
        A designation made by the Secretary under paragraph (1) 
        shall not be inconsistent with any contract or other 
        arrangement entered into between a United States 
        Government agency and the licensee.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3413.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60121................................  15 U.S.C. 5621.                    Pub. L. 102-555, title II, Sec.  201,
                                                                           Oct 28, 1992, 106 Stat. 4171; Pub. L.
                                                                           105-303, title I, Sec.  107(f)(1),
                                                                           Oct. 28, 1998, 112 Stat. 2854.
----------------------------------------------------------------------------------------------------------------

    In subsection (b)(2), the words ``within 6 months after the 
date of the enactment of the Commercial Space Act of 1998'' are 
omitted as obsolete.

  PROHIBITION ON COLLECTION AND RELEASE OF DETAILED SATELLITE IMAGERY 
                           RELATING TO ISRAEL

    Pub. L. 104-201, div. A, title X, Sec. 1064, Sept. 23, 
1996, 110 Stat. 2653, provided that:
    ``(a) Collection and Dissemination.--A department or agency 
of the United States may issue a license for the collection or 
dissemination by a non-Federal entity of satellite imagery with 
respect to Israel only if such imagery is no more detailed or 
precise than satellite imagery of Israel that is available from 
commercial sources.
    ``(b) Declassification and Release.--A department or agency 
of the United States may declassify or otherwise release 
satellite imagery with respect to Israel only if such imagery 
is no more detailed or precise than satellite imagery of Israel 
that is available from commercial sources.''

Sec. 60122.  Conditions for operation

    (a) License Required for Operation.--No person that is 
subject to the jurisdiction or control of the United States 
may, directly or through any subsidiary or affiliate, operate 
any private remote sensing space system without a license 
pursuant to section 60121 of this title.
    (b) Licensing Requirements.--Any license issued pursuant to 
this subchapter shall specify that the licensee shall comply 
with all of the requirements of this chapter and shall--
          (1) operate the system in such manner as to preserve 
        the national security of the United States and to 
        observe the international obligations of the United 
        States in accordance with section 60146 of this title;
          (2) make available to the government of any country 
        (including the United States) unenhanced data collected 
        by the system concerning the territory under the 
        jurisdiction of such government as soon as such data 
        are available and on reasonable terms and conditions;
          (3) make unenhanced data designated by the Secretary 
        in the license pursuant to section 60121(e) of this 
        title available in accordance with section 60141 of 
        this title;
          (4) upon termination of operations under the license, 
        make disposition of any satellites in space in a manner 
        satisfactory to the President;
          (5) furnish the Secretary with complete orbit and 
        data collection characteristics of the system, and 
        inform the Secretary immediately of any deviation; and
          (6) notify the Secretary of any significant or 
        substantial agreement the licensee intends to enter 
        with a foreign nation, entity, or consortium involving 
        foreign nations or entities.
    (c) Additional Licensing Requirements for Landsat 6 
Contractor.--In addition to the requirements of subsection (b), 
any license issued pursuant to this subchapter to the Landsat 6 
contractor shall specify that the Landsat 6 contractor shall--
          (1) notify the Secretary of any value added 
        activities (as defined by the Secretary by regulation) 
        that will be conducted by the Landsat 6 contractor or 
        by a subsidiary or affiliate; and
          (2) if such activities are to be conducted, provide 
        the Secretary with a plan for compliance with section 
        60141 of this title.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3415.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60122................................  15 U.S.C. 5622.                    Pub. L. 102-555, title II, Sec.  Oct.
                                                                           28, 1992, 106 Stat. 4172; Pub. L. 105-
                                                                           303, title I, Sec.  107 (f)(2), Oct.
                                                                           28, 1998, 112 Stat. 2854.
----------------------------------------------------------------------------------------------------------------

    In subsection (c), in the matter before paragraph (1), the 
words ``subsection (b)'' are substituted for ``paragraph (b)'' 
to correct an error in the law.

Sec. 60123. Administrative authority of Secretary

    (a) Functions.--In order to carry out the responsibilities 
specified in this subchapter, the Secretary may--
          (1) grant, condition, or transfer licenses under this 
        chapter;
          (2) seek an order of injunction or similar judicial 
        determination from a district court of the United 
        States with personal jurisdiction over the licensee to 
        terminate, modify, or suspend licenses under this 
        subchapter and to terminate licensed operations on an 
        immediate basis, if the Secretary determines that the 
        licensee has substantially failed to comply with any 
        provisions of this chapter, with any terms, conditions, 
        or restrictions of such license, or with any 
        international obligations or national security concerns 
        of the United States;
          (3) provide penalties for noncompliance with the 
        requirements of licenses or regulations issued under 
        this subchapter, including civil penalties not to 
        exceed $10,000 (each day of operation in violation of 
        such licenses or regulations constituting a separate 
        violation);
          (4) compromise, modify, or remit any such civil 
        penalty;
          (5) issue subpoenas for any materials, documents, or 
        records, or for the attendance and testimony of 
        witnesses for the purpose of conducting a hearing under 
        this section;
          (6) seize any object, record, or report pursuant to a 
        warrant from a magistrate based on a showing of 
        probable cause to believe that such object, record, or 
        report was used, is being used, or is likely to be used 
        in violation of this chapter or the requirements of a 
        license or regulation issued thereunder; and
          (7) make investigations and inquiries and administer 
        to or take from any person an oath, affirmation, or 
        affidavit concerning any matter relating to the 
        enforcement of this chapter.
    (b) Review of Agency Action.--Any applicant or licensee 
that makes a timely request for review of an adverse action 
pursuant to paragraph (1), (3), (5), or (6) of subsection (a) 
shall be entitled to adjudication by the Secretary on the 
record after an opportunity for any agency hearing with respect 
to such adverse action. Any final action by the Secretary under 
this subsection shall be subject to judicial review under 
chapter 7 of title 5.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3415.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60123................................  15 U.S.C. 5623.                    Pub. L. 102-555, title II, Sec.  203,
                                                                           Oct. 28, 1992, 106 Stat. 4172.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), at the end of paragraph (2), a semicolon 
is substituted for the period to correct an error in the law.

Sec. 60124. Regulatory authority of Secretary

    The Secretary may issue regulations to carry out this 
subchapter. Such regulations shall be promulgated only after 
public notice and comment in accordance with the provisions of 
section 553 of title 5.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3416.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60124................................  15 U.S.C. 5624.                    Pub. L. 102-555, title II, Sec.  204,
                                                                           Oct. 28, 1992, 106 Stat. 4173.
----------------------------------------------------------------------------------------------------------------

Sec. 60125. Agency activities

    (a) License Application and Issuance.--A private sector 
party may apply for a license to operate a private remote 
sensing space system which utilizes, on a space-available 
basis, a civilian United States Government satellite or vehicle 
as a platform for such system. The Secretary, pursuant to this 
subchapter, may license such system if it meets all conditions 
of this subchapter and--
          (1) the system operator agrees to reimburse the 
        Government in a timely manner for all related costs 
        incurred with respect to such utilization, including a 
        reasonable and proportionate share of fixed, platform, 
        data transmission, and launch costs; and
          (2) such utilization would not interfere with or 
        otherwise compromise intended civilian Government 
        missions, as determined by the agency responsible for 
        such civilian platform.
    (b) Assistance.--The Secretary may offer assistance to 
private sector parties in finding appropriate opportunities for 
such utilization.
    (c) Agreements.--To the extent provided in advance by 
appropriation Acts, any United States Government agency may 
enter into agreements for such utilization if such agreements 
are consistent with such agency's mission and statutory 
authority, and if such remote sensing space system is licensed 
by the Secretary before commencing operation.
    (d) Applicability.--This section does not apply to 
activities carried out under subchapter IV.
    (e) Effect on FCC Authority.--Nothing in this subchapter 
shall affect the authority of the Federal Communications 
Commission pursuant to the Communications Act of 1934 (47 
U.S.C. 151 et seq.).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3416.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60125................................  15 U.S.C. 5625.                    Pub. L. 102-555, title II, Sec.  205,
                                                                           Oct. 28, 1992, 106 Stat. 4173.
----------------------------------------------------------------------------------------------------------------

                           REFERENCES IN TEXT

    The Communications Act of 1934, referred to in subsec. (e), 
is act June 19, 1934, ch. 652, 48 Stat. 1064, which is 
classified principally to chapter 5 ( 151 et seq.) of Title 47, 
Telecommunications. For complete classification of this Act to 
the Code, see section 609 of Title 47 and Tables.

Sec. 60126. Annual reports

    (a) In General.--The Secretary shall submit a report to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science, Space, and Technology of 
the House of Representatives not later than 180 days after the 
date of enactment of the U.S. Commercial Space Launch 
Competitiveness Act, and annually thereafter, on--
          (1) the Secretary's implementation of section 60121, 
        including--
                  (A) a list of all applications received in 
                the previous calendar year;
                  (B) a list of all applications that resulted 
                in a license under section 60121;
                  (C) a list of all applications denied and an 
                explanation of why each application was denied, 
                including any information relevant to the 
                interagency adjudication process of a licensing 
                request;
                  (D) a list of all applications that required 
                additional information; and
                  (E) a list of all applications whose 
                disposition exceeded the 120 day deadline 
                established in section 60121(c), the total days 
                overdue for each application that exceeded such 
                deadline, and an explanation for the delay;
          (2) all notifications and information provided to the 
        Secretary under section 60122; and
          (3) a description of all actions taken by the 
        Secretary under the administrative authority granted by 
        paragraphs (4), (5), and (6) of section 60123(a).
    (b) Classified Annexes.--Each report under subsection (a) 
may include classified annexes as necessary to protect the 
disclosure of sensitive or classified information.
    (c) Sunset.--The reporting requirement under this section 
terminates effective September 30, 2020.

(Added Pub. L. 114-90, title II, Sec. 201(a), Nov. 25, 2015, 
129 Stat. 719.)

                           REFERENCES IN TEXT

    The date of enactment of the U.S. Commercial Space Launch 
Competitiveness Act, referred to in subsec. (a), is the date of 
enactment of Pub. L. 114-90, which was approved Nov. 25, 2015.

        Subchapter IV--Research, Development, and Demonstration

Sec. 60131. Continued Federal research and development

    (a) Roles of Administration and Department of Defense.--
          (1) In general.--The Administrator and the Secretary 
        of Defense are directed to continue and to enhance 
        programs of remote sensing research and development.
          (2) Administration activities authorized and 
        encouraged.--The Administrator is authorized and 
        encouraged to--
                  (A) conduct experimental space remote sensing 
                programs (including applications demonstration 
                programs and basic research at universities);
                  (B) develop remote sensing technologies and 
                techniques, including those needed for 
                monitoring the Earth and its environment; and
                  (C) conduct such research and development in 
                cooperation with other United States Government 
                agencies and with public and private research 
                entities (including private industry, 
                universities, non-profit organizations, State 
                and local governments, foreign governments, and 
                international organizations) and to enter into 
                arrangements (including joint ventures) which 
                will foster such cooperation.
    (b) Roles of Department of Agriculture and Department of 
the Interior.--
          (1) In general.--In order to enhance the ability of 
        the United States to manage and utilize its renewable 
        and nonrenewable resources, the Secretary of 
        Agriculture and the Secretary of the Interior are 
        authorized and encouraged to conduct programs of 
        research and development in the applications of remote 
        sensing using funds appropriated for such purposes.
          (2) Activities that may be included.--Such programs 
        may include basic research at universities, 
        demonstrations of applications, and cooperative 
        activities involving other Government agencies, private 
        sector parties, and foreign and international 
        organizations.
    (c) Role of Other Federal Agencies.--Other United States 
Government agencies are authorized and encouraged to conduct 
research and development on the use of remote sensing in the 
fulfillment of their authorized missions, using funds 
appropriated for such purposes.

(Pub. L. 111-314, 3, Dec. 18, 2010, 124 Stat. 3417.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60131................................  15 U.S.C. 5631.                    Pub. L. 102-55, title III, Sec.  301,
                                                                           Oct. 28, 1992, 106 Stat. 4174.
----------------------------------------------------------------------------------------------------------------

Sec. 60132. Availability of federally gathered unenhanced data

    (a) In General.--All unenhanced land remote sensing data 
gathered and owned by the United States Government, including 
unenhanced data gathered under the technology demonstration 
program carried out pursuant to section 60133 of this title, 
shall be made available to users in a timely fashion.
    (b) Protection for Commercial Data Distributor.--The 
President shall seek to ensure that unenhanced data gathered 
under the technology demonstration program carried out pursuant 
to section 60133 of this title shall, to the extent 
practicable, be made available on terms that would not 
adversely affect the commercial market for unenhanced data 
gathered by the Landsat 6 spacecraft.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3417.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60132................................  15 U.S.C. 5632.                    Pub. L. 102-555, title III, Sec.  302,
                                                                           Oct. 28, 1992, 106 Stat. 4174.
----------------------------------------------------------------------------------------------------------------

    In subsection (b), the word ``affect'' is substituted for 
``effect'' to correct an error in the law.

Sec. 60133. Technology demonstration program

    (a) Establishment.--As a fundamental component of a 
national land remote sensing strategy, the President shall 
establish, through appropriate United States Government 
agencies, a technology demonstration program. The goals of the 
program shall be to--
          (1) seek to launch advanced land remote sensing 
        system components within 5 years after October 28, 
        1992;
          (2) demonstrate within such 5-year period advanced 
        sensor capabilities suitable for use in the anticipated 
        land remote sensing program; and
          (3) demonstrate within such 5-year period an advanced 
        land remote sensing system design that could be less 
        expensive to procure and operate than the Landsat 
        system projected to be in operation through the year 
        2000, and that therefore holds greater potential for 
        private sector investment and control.
    (b) Execution of Program.--In executing the technology 
demonstration program, the President shall seek to apply 
technologies associated with United States National Technical 
Means of intelligence gathering, to the extent that such 
technologies are appropriate for the technology demonstration 
and can be declassified for such purposes without causing 
adverse harm to United States national security interests.
    (c) Broad Application.--To the greatest extent practicable, 
the technology demonstration program established under 
subsection (a) shall be designed to be responsive to the broad 
civilian, national security, commercial, and foreign policy 
needs of the United States.
    (d) Private Sector Funding.--The technology demonstration 
program under this section may be carried out in part with 
private sector funding.
    (e) Landsat Program Management Coordination.--The Landsat 
Program Management shall have a coordinating role in the 
technology demonstration program carried out under this 
section.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3418.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60133................................  15 U.S.C. 5633(a)-(e).             Pub. L. 102-555, title III, Sec.
                                                                           303(a)-(e), Oct. 28, 1992, 106 Stat.
                                                                           4174.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1), the date ``October 28, 1992'' is 
substituted for ``the date of the enactment of this Act'' to 
reflect the date of enactment of the Land Remote Sensing Policy 
Act of 1992 (Public Law 102-555, 106 Stat. 4163). At the end of 
paragraph (1), a semicolon is substituted for the period to 
correct an error in the law.

Sec. 60134. Preference for private sector land remote sensing system

    (a) In General.--If a successor land remote sensing system 
to Landsat 7 can be funded and managed by the private sector 
while still achieving the goals stated in subsection (b) 
without jeopardizing the domestic, national security, and 
foreign policy interests of the United States, preference 
should be given to the development of such a system by the 
private sector without competition from the United States 
Government.
    (b) Goals.--The goals referred to in subsection (a) are--
          (1) to encourage the development, launch, and 
        operation of a land remote sensing system that 
        adequately serves the civilian, national security, 
        commercial, and foreign policy interests of the United 
        States;
          (2) to encourage the development, launch, and 
        operation of a land remote sensing system that 
        maintains data continuity with the Landsat system; and
          (3) to incorporate system enhancements, including any 
        such enhancements developed under the technology 
        demonstration program under section 60133 of this 
        title, which may potentially yield a system that is 
        less expensive to build and operate, and more 
        responsive to data users, than is the Landsat system 
        otherwise projected to be in operation in the future.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3418.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60134(a).............................  15 U.S.C. 5641(c).                 Pub. L. 102-555, title IV, Sec.
                                                                           401(b), (c), Oct. 28, 1992, 106 Stat.
                                                                           4176.
60134(b).............................  15 U.S.C. 5641(b).                 ......................................
----------------------------------------------------------------------------------------------------------------

    In subsection (b), in the matter before paragraph (1), the 
words ``In carrying out subsection (a), the Landsat Program 
Management shall consider the ability of each of the options 
to'' are omitted as obsolete. The omitted words refer to 
section 401(a) of the Land Remote Sensing Policy Act of 1992 
(15 U.S.C. 5641(a)), which required, within 5 years after 
October 28, 1992, the Landsat Program Management, in 
consultation with representatives of appropriate United States 
Government agencies, to assess and report to Congress on 
options for a successor land remote sensing system to Landsat 
7.
    In subsection (b)(3), the words ``otherwise projected to be 
in operation in the future'' are substituted for ``projected to 
be in operation through the year 2000'' to eliminate obsolete 
language.

                    Subchapter V--General Provisions

Sec. 60141. Nondiscriminatory data availability

    (a) In General.--Except as provided in subsection (b), any 
unenhanced data generated by the Landsat system or any other 
land remote sensing system funded and owned by the United 
States Government shall be made available to all users without 
preference, bias, or any other special arrangement (except on 
the basis of national security concerns pursuant to section 
60146 of this title) regarding delivery, format, pricing, or 
technical considerations which would favor one customer or 
class of customers over another.
    (b) Exceptions.--Unenhanced data generated by the Landsat 
system or any other land remote sensing system funded and owned 
by the United States Government may be made available to the 
United States Government and its affiliated users at reduced 
prices, in accordance with this chapter, on the condition that 
such unenhanced data are used solely for noncommercial 
purposes.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3419.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60141................................  15 U.S.C. 5651.                    Pub. L. 102-555, title V, Sec.  501,
                                                                           Oct. 28, 1992, 106 Stat. 4176.
----------------------------------------------------------------------------------------------------------------

Sec. 60142. Archiving of data

    (a) Public Interest.--It is in the public interest for the 
United States Government to--
          (1) maintain an archive of land remote sensing data 
        for historical, scientific, and technical purposes, 
        including long-term global environmental monitoring;
          (2) control the content and scope of the archive; and
          (3) ensure the quality, integrity, and continuity of 
        the archive.
    (b) Archiving Practices.--The Secretary of the Interior, in 
consultation with the Landsat Program Management, shall provide 
for long-term storage, maintenance, and upgrading of a basic, 
global, land remote sensing data set (hereafter in this section 
referred to as the ``basic data set'') and shall follow 
reasonable archival practices to ensure proper storage and 
preservation of the basic data set and timely access for 
parties requesting data.
    (c) Determination of Content of Basic Data Set.--In 
determining the initial content of, or in upgrading, the basic 
data set, the Secretary of the Interior shall--
          (1) use as a baseline the data archived on October 
        28, 1992;
          (2) take into account future technical and scientific 
        developments and needs, paying particular attention to 
        the anticipated data requirements of global 
        environmental change research;
          (3) consult with and seek the advice of users and 
        producers of remote sensing data and data products;
          (4) consider the need for data which may be 
        duplicative in terms of geographical coverage but which 
        differ in terms of season, spectral bands, resolution, 
        or other relevant factors;
          (5) include, as the Secretary of the Interior 
        considers appropriate, unenhanced data generated either 
        by the Landsat system, pursuant to subchapter II, or by 
        licensees under subchapter III;
          (6) include, as the Secretary of the Interior 
        considers appropriate, data collected by foreign ground 
        stations or by foreign remote sensing space systems; 
        and
          (7) ensure that the content of the archive is 
        developed in accordance with section 60146 of this 
        title.
    (d) Public Domain.--After the expiration of any exclusive 
right to sell, or after relinquishment of such right, the data 
provided to the National Satellite Land Remote Sensing Data 
Archive shall be in the public domain and shall be made 
available to requesting parties by the Secretary of the 
Interior at the cost of fulfilling user requests.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3419.)

                     Historical and Revision Notes

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

    In subsection (b), the words ``hereafter in this section'' 
are substituted for ``hereinafter'' for clarity.
    In subsection (c), in the matter before paragraph (1), the 
words ``of the Interior'' are substituted for ``of Interior'' 
to correct an error in the law.
    In subsection (c)(1), the date ``October 28, 1992'' is 
substituted for ``the date of enactment of this Act'' to 
reflect the date of enactment of the Land Remote Sensing Policy 
Act of 1992 (Public Law 102-555, 106 Stat. 4163).

Sec. 60143. Nonreproduction

    Unenhanced data distributed by any licensee under 
subchapter III may be sold on the condition that such data will 
not be reproduced or disseminated by the purchaser for 
commercial purposes.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3420.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60143................................  15 U.S.C. 5653.                    Pub. L. 102-555, title V, Sec.  503,
                                                                           Oct. 28, 1992, 106 Stat. 4177.
----------------------------------------------------------------------------------------------------------------

Sec. 60144. Reimbursement for assistance

    The Administrator, the Secretary of Defense, and the heads 
of other United States Government agencies may provide 
assistance to land remote sensing system operators under the 
provisions of this chapter. Substantial assistance shall be 
reimbursed by the operator, except as otherwise provided by 
law.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3420.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60144................................  15 U.S.C. 5654.                    Pub. L. 102-555, title V, Sec.  504,
                                                                           Oct. 28, 1992, 106 Stat. 4177.
----------------------------------------------------------------------------------------------------------------

Sec. 60145. Acquisition of equipment

    The Landsat Program Management may, by means of a 
competitive process, allow a licensee under subchapter III or 
any other private party to buy, lease, or otherwise acquire the 
use of equipment from the Landsat system, when such equipment 
is no longer needed for the operation of such system or for the 
sale of data from such system. Officials of other United States 
Government civilian agencies are authorized and encouraged to 
cooperate with the Secretary in carrying out this section.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3420.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60145................................  15 U.S.C. 5655.                    Pub. L. 102-555, title V, Sec.  505,
                                                                           Oct. 28, 1992, 106 Stat. 4177.
----------------------------------------------------------------------------------------------------------------

Sec. 60146. Radio frequency allocation

    (a) Application to Federal Communications Commission.--To 
the extent required by the Communications Act of 1934 (47 
U.S.C. 151 et seq.), an application shall be filed with the 
Federal Communications Commission for any radio facilities 
involved with commercial remote sensing space systems licensed 
under subchapter III.
    (b) Deadline for FCC Action.--It is the intent of Congress 
that the Federal Communications Commission complete the radio 
licensing process under the Communications Act of 1934 (47 
U.S.C. 151 et seq.), upon the application of any private sector 
party or consortium operator of any commercial land remote 
sensing space system subject to this chapter, within 120 days 
of the receipt of an application for such licensing. If final 
action has not occurred within 120 days of the receipt of such 
an application, the Federal Communications Commission shall 
inform the applicant of any pending issues and of actions 
required to resolve them.
    (c) Development and Construction of United States 
Systems.--Authority shall not be required from the Federal 
Communications Commission for the development and construction 
of any United States land remote sensing space system (or 
component thereof), other than radio transmitting facilities or 
components, while any licensing determination is being made.
    (d) Consistency With International Obligations and Public 
Interest.--Frequency allocations made pursuant to this section 
by the Federal Communications Commission shall be consistent 
with international obligations and with the public interest.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3420.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60146................................  15 U.S.C. 5656.                    Pub. L. 102-555, title V, Sec.  506,
                                                                           Oct. 28, 1992, 106 Stat. 4177.
----------------------------------------------------------------------------------------------------------------

                           REFERENCES IN TEXT

    The Communications Act of 1934, referred to in subsecs. (a) 
and (b), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is 
classified principally to chapter 5 (Sec. 151 et seq.) of Title 
47, Telecommunications. For complete classification of this Act 
to the Code, see section 609 of Title 47 and Tables.

Sec. 60147. Consultation

    (a) Consultation With Secretary of Defense.--The Secretary 
and the Landsat Program Management shall consult with the 
Secretary of Defense on all matters under this chapter 
affecting national security. The Secretary of Defense shall be 
responsible for determining those conditions, consistent with 
this chapter, necessary to meet national security concerns of 
the United States and for notifying the Secretary and the 
Landsat Program Management promptly of such conditions.
    (b) Consultation With Secretary of State.--
          (1) In general.--The Secretary and the Landsat 
        Program Management shall consult with the Secretary of 
        State on all matters under this chapter affecting 
        international obligations. The Secretary of State shall 
        be responsible for determining those conditions, 
        consistent with this chapter, necessary to meet 
        international obligations and policies of the United 
        States and for notifying promptly the Secretary and the 
        Landsat Program Management of such conditions.
          (2) International aid.--Appropriate United States 
        Government agencies are authorized and encouraged to 
        provide remote sensing data, technology, and training 
        to developing nations as a component of programs of 
        international aid.
          (3) Reporting discriminatory distribution.--The 
        Secretary of State shall promptly report to the 
        Secretary and Landsat Program Management any instances 
        outside the United States of discriminatory 
        distribution of Landsat data.
    (c) Status Report.--The Landsat Program Management shall, 
as often as necessary, provide to Congress complete and updated 
information about the status of ongoing operations of the 
Landsat system, including timely notification of decisions made 
with respect to the Landsat system in order to meet national 
security concerns and international obligations and policies of 
the United States Government.
    (d) Reimbursements.--If, as a result of technical 
modifications imposed on a licensee under subchapter III on the 
basis of national security concerns, the Secretary, in 
consultation with the Secretary of Defense or with other 
Federal agencies, determines that additional costs will be 
incurred by the licensee, or that past development costs 
(including the cost of capital) will not be recovered by the 
licensee, the Secretary may require the agency or agencies 
requesting such technical modifications to reimburse the 
licensee for such additional or development costs, but not for 
anticipated profits. Reimbursements may cover costs associated 
with required changes in system performance, but not costs 
ordinarily associated with doing business abroad.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3421.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60147................................  15 U.S.C. 5657.                    Pub. L. 102-555, title V, Sec.  507,
                                                                           Oct. 28, 1992, 106 Stat. 4178.
----------------------------------------------------------------------------------------------------------------

Sec. 60148. Enforcement

    (a) In general.--In order to ensure that unenhanced data 
from the Landsat system received solely for noncommercial 
purposes are not used for any commercial purpose, the Secretary 
(in collaboration with private sector entities responsible for 
the marketing and distribution of unenhanced data generated by 
the Landsat system) shall develop and implement a system for 
enforcing this prohibition, in the event that unenhanced data 
from the Landsat system are made available for noncommercial 
purposes at a different price than such data are made available 
for other purposes.
    (b) Authority of Secretary.--Subject to subsection (d), the 
Secretary may impose any of the enforcement mechanisms 
described in subsection (c) against a person that--
          (1) receives unenhanced data from the Landsat system 
        under this chapter solely for noncommercial purposes 
        (and at a different price than the price at which such 
        data are made available for other purposes); and
          (2) uses such data for other than noncommercial 
        purposes.
    (c) Enforcement Mechanisms.--Enforcement mechanisms 
referred to in subsection (b) may include civil penalties of 
not more than $10,000 (per day per violation), denial of 
further unenhanced data purchasing privileges, and any other 
penalties or restrictions the Secretary considers necessary to 
ensure, to the greatest extent practicable, that unenhanced 
data provided for noncommercial purposes are not used to 
unfairly compete in the commercial market against private 
sector entities not eligible for data at the cost of fulfilling 
user requests.
    (d) Procedures and Regulations.--The Secretary shall issue 
any regulations necessary to carry out this section and shall 
establish standards and procedures governing the imposition of 
enforcement mechanisms under subsection (b). The standards and 
procedures shall include a procedure for potentially aggrieved 
parties to file formal protests with the Secretary alleging 
instances where such unenhanced data have been, or are being, 
used for commercial purposes in violation of the terms of 
receipt of such data. The Secretary shall promptly act to 
investigate any such protest, and shall report annually to 
Congress on instances of such violations.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3421.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60148................................  15 U.S.C. 5658.                    Pub. L. 102-555, title V, Sec.  508,
                                                                           Oct. 28, 1992, 10-6 Stat. 4179.
----------------------------------------------------------------------------------------------------------------

    In subsection (d), in the second sentence, the words ``have 
been, or are being'' are substituted for ``has been, or is 
being'' to correct an error in the law.

 Subchapter VI--Prohibition of Commercialization of Weather Satellites

Sec. 60161. Prohibition

    Neither the President nor any other official of the 
Government shall make any effort to lease, sell, or transfer to 
the private sector, or commercialize, any portion of the 
weather satellite systems operated by the Department of 
Commerce or any successor agency.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3422.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60161................................  15 U.S.C. 5671.                    Pub. L. 102-555, title VI, Sec.  601,
                                                                           Oct. 28, 1992, 106Stat. 4179.
----------------------------------------------------------------------------------------------------------------

Sec. 60162. Future considerations

    Regardless of any change in circumstances subsequent to 
October 28, 1992, even if such change makes it appear to be in 
the national interest to commercialize weather satellites, 
neither the President nor any official shall take any action 
prohibited by section 60161 of this title unless this 
subchapter has first been repealed.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3422.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60162................................  15 U.S.C. 5672.                    Pub. L. 102-555, title VI, Sec.  602,
                                                                           Oct. 28, 1992, 106 Stat. 4180.
----------------------------------------------------------------------------------------------------------------

    The date ``October 28, 1992'' is substituted for ``the 
enactment of this Act'' to reflect the date of enactment of the 
Land Remote Sensing Policy Act of 1992 (Public Law 102-555, 106 
Stat. 4163).

                      CHAPTER 603--REMOTE SENSING

Sec.
60301. Definitions.
60302. General responsibilities.
60303. Pilot projects to encourage public sector applications.
60304. Program evaluation.
60305. Data availability.
60306. Education.

Sec. 60301. Definitions

    In this chapter:
          (1) Geospatial information.--The term ``geospatial 
        information'' means knowledge of the nature and 
        distribution of physical and cultural features on the 
        landscape based on analysis of data from airborne or 
        spaceborne platforms or other types and sources of 
        data.
          (2) High resolution.--The term ``high resolution'' 
        means resolution better than five meters.
          (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given the term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3423.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60301................................  42 U.S.C. 16671.                   Pub. L. 109-155, title III, Sec.  311,
                                                                           Dec. 30, 2005, 119 Stat. 2920.
----------------------------------------------------------------------------------------------------------------

Sec. 60302. General responsibilities

    The Administrator shall--
          (1) develop a sustained relationship with the United 
        States commercial remote sensing industry and, 
        consistent with applicable policies and law, to the 
        maximum practicable, rely on their services; and
          (2) in conjunction with United States industry and 
        universities, research, develop, and demonstrate 
        prototype Earth science applications to enhance 
        Federal, State, local, and tribal governments' use of 
        government and commercial remote sensing data, 
        technologies, and other sources of geospatial 
        information for improved decision support to address 
        their needs.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3423.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60302................................  42 U.S.C. 16672.                   Pub. L. 109-155, title III, Sec.  312,
                                                                           Dec. 30, 2005, 119 Stat. 2920.
----------------------------------------------------------------------------------------------------------------

Sec. 60303. Pilot projects to encourage public sector applications

    (a) In General.--The Administrator shall establish a 
program of grants for competitively awarded pilot projects to 
explore the integrated use of sources of remote sensing and 
other geospatial information to address State, local, regional, 
and tribal agency needs.
    (b) Preferred Projects.--In awarding grants under this 
section, the Administrator shall give preference to projects 
that--
          (1) make use of commercial data sets, including high 
        resolution commercial satellite imagery and derived 
        satellite data products, existing public data sets 
        where commercial data sets are not available or 
        applicable, or the fusion of such data sets;
          (2) integrate multiple sources of geospatial 
        information, such as geographic information system 
        data, satellite-provided positioning data, and remotely 
        sensed data, in innovative ways;
          (3) include funds or in-kind contributions from non-
        Federal sources;
          (4) involve the participation of commercial entities 
        that process raw or lightly processed data, often 
        merging that data with other geospatial information, to 
        create data products that have significant value added 
        to the original data; and
          (5) taken together demonstrate as diverse a set of 
        public sector applications as possible.
    (c) Opportunities.--In carrying out this section, the 
Administrator shall seek opportunities to assist--
          (1) in the development of commercial applications 
        potentially available from the remote sensing industry; 
        and
          (2) State, local, regional, and tribal agencies in 
        applying remote sensing and other geospatial 
        information technologies for growth management.
    (d) Duration.--Assistance for a pilot project under 
subsection (a) shall be provided for a period not to exceed 3 
years.
    (e) Report.--Each recipient of a grant under subsection (a) 
shall transmit a report to the Administrator on the results of 
the pilot project within 180 days of the completion of that 
project.
    (f) Workshop.--Each recipient of a grant under subsection 
(a) shall, not later than 180 days after the completion of the 
pilot project, conduct at least one workshop for potential 
users to disseminate the lessons learned from the pilot project 
as widely as feasible.
    (g) Regulations.--The Administrator shall issue regulations 
establishing application, selection, and implementation 
procedures for pilot projects, and guidelines for reports and 
workshops required by this section.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3423.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60303................................  42 U.S.C. 16673.                   Pub. L. 109-155, title III, Sec.  313,
                                                                           Dec. 30, 2005, 119 Stat. 2921.
----------------------------------------------------------------------------------------------------------------

Sec. 60304. Program evaluation

    (a) Advisory Committee.--The Administrator shall establish 
an advisory committee, consisting of individuals with 
appropriate expertise in State, local, regional, and tribal 
agencies, the university research community, and the remote 
sensing and other geospatial information industries, to monitor 
the program established under section 60303 of this title. The 
advisory committee shall consult with the Federal Geographic 
Data Committee and other appropriate industry representatives 
and organizations. Notwithstanding section 14 of the Federal 
Advisory Committee Act (5 App. U.S.C.), the advisory committee 
established under this subsection shall remain in effect until 
the termination of the program under section 60303 of this 
title.
    (b) Effectiveness Evaluation.--Not later than December 31, 
2009, the Administrator shall transmit to Congress an 
evaluation of the effectiveness of the program established 
under section 60303 of this title in exploring and promoting 
the integrated use of sources of remote sensing and other 
geospatial information to address State, local, regional, and 
tribal agency needs. Such evaluation shall have been conducted 
by an independent entity.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3424.)

                     Historical and Revision notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60304................................  42 U.S.C. 16674.                   Pub. L. 109-155, title III, Sec.  314,
                                                                           Dec. 30, 2005, 119 Stat. 2921.
----------------------------------------------------------------------------------------------------------------

                           REFERENCES IN TEXT

    Section 14 of the Federal Advisory Committee Act, referred 
to in subsec. (a), is section 14 of Pub. L. 92-463, which is 
set out in the Appendix to Title 5, Government Organization and 
Employees.

Sec. 60305. Data availability

    The Administrator shall ensure that the results of each of 
the pilot projects completed under section 60303 of this title 
shall be retrievable through an electronic, internet-accessible 
database.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3424.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60305................................  42 U.S.C. 16675.                   Pub. L. 109-155, title III, Sec.  315,
                                                                           Dec. 30, 2005, 119 Stat. 2922.
----------------------------------------------------------------------------------------------------------------

Sec. 60306. Education

    The Administrator shall establish an educational outreach 
program to increase awareness at institutions of higher 
education and State, local, regional, and tribal agencies of 
the potential applications of remote sensing and other 
geospatial information and awareness of the need for geospatial 
workforce development.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3424.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60306................................  42 U.S.C. 16676.                   Pub. L. 109-155, title III, Sec.  316,
                                                                           Dec. 30, 2005, 119 Stat. 2922.
----------------------------------------------------------------------------------------------------------------

                       CHAPTER 605--EARTH SCIENCE

Sec.
60501. Goal.
60502. Transitioning experimental research into operational services.
60503. Reauthorization of Glory Mission.
60504. Tornadoes and other severe storms.
60505. Coordination with the National Oceanic and Atmospheric 
          Administration.
60506. Sharing of climate related data.

Sec. 60501. Goal

    The goal for the Administration's Earth Science program 
shall be to pursue a program of Earth observations, research, 
and applications activities to better understand the Earth, how 
it supports life, and how human activities affect its ability 
to do so in the future. In pursuit of this goal, the 
Administration's Earth Science program shall ensure that 
securing practical benefits for society will be an important 
measure of its success in addition to securing new knowledge 
about the Earth system and climate change. In further pursuit 
of this goal, the Administration shall, together with the 
National Oceanic and Atmospheric Administration and other 
relevant agencies, provide United States leadership in 
developing and carrying out a cooperative international Earth 
observations-based research program.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3425.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60501................................  42 U.S.C. 17711.                   Pub. L. 110-442, title II, Sec.  201,
                                                                           Oct. 15, 2008, 122 Stat. 4784.
----------------------------------------------------------------------------------------------------------------

           CARBON CYCLE REMOTE SENSING APPLICATIONS RESEARCH

    Pub. L. 106-391, title III, Sec. 315, Oct. 30, 2000, 114 
Stat. 1595, provided that:
    ``(a) Carbon Cycle Remote Sensing Applications Research 
Program.--
          ``(1) In general.--The Administrator [of the National 
        Aeronautics and Space Administration] shall develop a 
        carbon cycle remote sensing applications research 
        program--
                  ``(A) to provide a comprehensive view of 
                vegetation conditions;
                  ``(B) to assess and model agricultural carbon 
                sequestration; and
                  ``(C) to encourage the development of 
                commercial products, as appropriate.
          ``(2) Use of centers.--The Administrator of the 
        National Aeronautics and Space Administration shall use 
        regional earth science application centers to conduct 
        applications research under this section.
          ``(3) Researched areas.--The areas that shall be the 
        subjects of research conducted under this section 
        include--
                  ``(A) the mapping of carbon-sequestering land 
                use and land cover;
                  ``(B) the monitoring of changes in land cover 
                and management;
                  ``(C) new approaches for the remote sensing 
                of soil carbon; and
                  ``(D) region-scale carbon sequestration 
                estimation.
    ``(b) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $5,000,000 of 
funds authorized by section 102 [114 Stat. 1581] for fiscal 
years 2001 through 2002.''

                         EARTH OBSERVING SYSTEM

    Pub. L. 102-588, title I, Sec. 102(g), Nov. 4, 1992, 106 
Stat. 5111, provided that:
          ``(1) The Administrator [of the National Aeronautics 
        and Space Administration] shall carry out an Earth 
        Observing System program that addresses the highest 
        priority international climate change research goals as 
        defined by the Committee on Earth and Environmental 
        Sciences and the Intergovernmental Panel on Climate 
        Change.
          ``(2)(A) Within 180 days after the date of enactment 
        of this Act [Nov. 4, 1992], the Administrator shall 
        submit to Congress a plan which will ensure that the 
        highest priority measurements are maintained on 
        schedule to the greatest extent practicable while lower 
        priority measurements are deferred, deleted, or 
        obtained through other means.
          ``(B) Within 90 days after the date of enactment of 
        this Act, the Core System of the Earth Observing System 
        Data and Information System, the Administrator shall 
        submit to Congress a Development Plan which--
                  ``(i) identifies the highest risk elements of 
                the development effort and the key advanced 
                technologies required to significantly increase 
                scientific productivity;
                  ``(ii) provides a plan for the development of 
                one or more prototype systems for use in 
                reducing the development risk of critical 
                system elements and obtaining feedback for 
                scientific users;
                  ``(iii) provides a plan for research into key 
                advanced technologies;
                  ``(iv) identifies sufficient resources for 
                carrying out the Development Plan; and
                  ``(v) identifies how the Earth Observing 
                System Data Information System will connect to 
                and utilize other federally-supported research 
                networks, including the National Research and 
                Education Network.''

Sec. 60502. Transitioning experimental research into operational 
                    services

    (a) Interagency Process.--The Director of the Office of 
Science and Technology Policy, in consultation with the 
Administrator, the Administrator of the National Oceanic and 
Atmospheric Administration, and other relevant stakeholders, 
shall develop a process to transition, when appropriate, 
Administration Earth science and space weather missions or 
sensors into operational status. The process shall include 
coordination of annual agency budget requests as required to 
execute the transitions.
    (b) Responsible Agency Official.--The Administrator and the 
Administrator of the National Oceanic and Atmospheric 
Administration shall each designate an agency official who 
shall have the responsibility for and authority to lead the 
Administration's and the National Oceanic and Atmospheric 
Administration's transition activities and interagency 
coordination.
    (c) Plan.--For each mission or sensor that is determined to 
be appropriate for transition under subsection (a), the 
Administration and the National Oceanic and Atmospheric 
Administration shall transmit to Congress a joint plan for 
conducting the transition. The plan shall include the strategy, 
milestones, and budget required to execute the transition. The 
transition plan shall be transmitted to Congress no later than 
60 days after the successful completion of the mission or 
sensor critical design review.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3425.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60502(a).............................  42 U.S.C. 17712(b).                Pub. L. 110-422, title II, Sec.
                                                                           204(b), (c), (d), Oct. 15, 2008, 122
                                                                           Stat. 4785.
60502(b).............................  42 U.S.C. 17712(c).
60502(c).............................  42 U.S.C. 17712(d).
----------------------------------------------------------------------------------------------------------------

Sec. 60503. Reauthorization of Glory Mission

    Congress reauthorizes the Administration to continue with 
development of the Glory Mission, which will examine how 
aerosols and solar energy affect the Earth's climate.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3425.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60503................................  42 U.S.C. 17713(a).                Pub. L. 110-422, title II, Sec.
                                                                           206(a), Oct. 15, 2008, 122 Stat.
                                                                           4785.
----------------------------------------------------------------------------------------------------------------

Sec. 60504. Tornadoes and other severe storms

    The Administrator shall ensure that the Administration 
gives high priority to those parts of its existing cooperative 
activities with the National Oceanic and Atmospheric 
Administration that are related to the study of tornadoes and 
other severe storms, tornado-force winds, and other factors 
determined to influence the development of tornadoes and other 
severe storms, with the goal of improving the Nation's ability 
to predict tornados and other severe storms. Further, the 
Administrator shall examine whether there are additional 
cooperative activities with the National Oceanic and 
Atmospheric Administration that should be undertaken in the 
area of tornado and severe storm research.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3425.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60504................................  42 U.S.C. 17714.                   Pub. L. 110-422, title II, Sec.  208,
                                                                           Oct. 15, 2008, 122 Stat. 4786.
----------------------------------------------------------------------------------------------------------------

Sec. 60505. Coordination with the National Oceanic and Atmospheric 
                    Administration

    (a) Joint Working Group.--The Administrator and the 
Administrator of the National Oceanic and Atmospheric 
Administration shall appoint a Joint Working Group, which shall 
review and monitor missions of the two agencies to ensure 
maximum coordination in the design, operation, and transition 
of missions where appropriate. The Joint Working Group shall 
also prepare the plans required by subsection (c).
    (b) Coordination Report.--Not later than February 15 of 
each year, the Administrator and the Administrator of the 
National Oceanic and Atmospheric Administration shall jointly 
transmit a report to the Committee on Science and Technology of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on how the Earth 
science programs of the Administration and the National Oceanic 
and Atmospheric Administration will be coordinated during the 
fiscal year following the fiscal year in which the report is 
transmitted.
    (c) Coordination of Transition Planning and Reporting.--The 
Administrator, in conjunction with the Administrator of the 
National Oceanic and Atmospheric Administration and in 
consultation with other relevant agencies, shall evaluate 
relevant Administration science missions for their potential 
operational capabilities and shall prepare transition plans for 
the existing and future Earth observing systems found to have 
potential operational capabilities.
    (d) Limitation.--The Administrator shall not transfer any 
Administration Earth science mission or Earth observing system 
to the National Oceanic and Atmospheric Administration until 
the plan required under subsection (c) has been approved by the 
Administrator and the Administrator of the National Oceanic and 
Atmospheric Administration and until financial resources have 
been identified to support the transition or transfer in the 
President's budget request for the National Oceanic and 
Atmospheric Administration.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3426.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60505................................  42 U.S.C. 16656.                   Pub. L. 109-155, title III, Sec.  306,
                                                                           Dec. 30, 2005, 119 Stat. 2919.
----------------------------------------------------------------------------------------------------------------

    In subsection (b), the words ``beginning with the first 
fiscal year after the date of enactment of this Act [December 
30, 2005]'' are omitted as obsolete.
    In subsection (b), the words ``Committee on Science and 
Technology'' are substituted for ``Committee on Science'' on 
authority of Rule X(1)(o) of the Rules of the House of 
Representatives, adopted by House Resolution No. 6 (110th 
Congress, January 5, 2007).

                             CHANGE OF NAME

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

Sec. 60506. Sharing of climate related data

    The Administrator shall work to ensure that the 
Administration's policies on the sharing of climate related 
data respond to the recommendations of the Government 
Accountability Office's report on climate change research and 
data-sharing policies and to the recommendations on the 
processing, distribution, and archiving of data by the National 
Academies Earth Science Decadal Survey, ``Earth Science and 
Applications from Space'', and other relevant National 
Academies reports, to enhance and facilitate their availability 
and widest possible use to ensure public access to accurate and 
current data on global warming.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3426.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60506................................  42 U.S.C. 17825(c).                Pub. L. 110-422, title XI, Sec.
                                                                           1109(c), Oct. 15, 2008, 122 Stat.
                                                                           4811.
----------------------------------------------------------------------------------------------------------------


SUBTITLE VII OF TITLE 51, U.S.C.

SUBTITLE VII OF TITLE 51, U.S.C.

                     Subtitle VII--Access to Space

        CHAPTER 701--USE OF SPACE LAUNCH SYSTEM OR ALTERNATIVES

Sec.
70101. Recovery of fair value of placing Department of Defense payloads 
          in orbit with space launch system.
70102. Space launch system use policy.
70103. Commercial payloads on space launch system.
70104. Definition of Space Launch System.

                               AMENDMENTS

    2015--Pub. L. 114-90, title I, Sec. 117(a)(1), (b)(2), Nov. 
25, 2015, 129 Stat. 717, 718, added item 70104, substituted 
``SPACE LAUNCH SYSTEM'' for ``SPACE SHUTTLE'' in chapter 
heading, ``space launch system'' for ``space shuttle'' in items 
70101 and 70103, and ``Space launch system'' for ``Space 
shuttle'' in item 70102.

Sec. 70101. Recovery of fair value of placing Department of Defense 
                    payloads in orbit with space launch system

    Notwithstanding any other provision of law, or any 
interagency agreement, the Administrator shall charge such 
prices as are necessary to recover the fair value of placing 
Department of Defense payloads into orbit by means of the space 
launch system.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3427; Pub. 
L. 114-90, title I, Sec. 117(a)(2), Nov. 25, 2015, 129 Stat. 
717.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70101................................  42 U.S.C. 2464.                    Pub. L. 97-324, title I, Sec.  106(a),
                                                                           Oct. 15, 1982, 96 Stat. 1600.
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2015--Pub. L. 114-90 substituted ``space launch system'' 
for ``space shuttle'' in section catchline and text.

Sec. 70102. Space launch system use policy

    (a) In General.--The Space Launch System may be used for 
the following circumstances:
          (1) Payloads and missions that contribute to 
        extending human presence beyond low-Earth orbit and 
        substantially benefit from the unique capabilities of 
        the Space Launch System.
          (2) Other payloads and missions that substantially 
        benefit from the unique capabilities of the Space 
        Launch System.
          (3) On a space available basis, Federal Government or 
        educational payloads that are consistent with NASA's 
        mission for exploration beyond low-Earth orbit.
          (4) Compelling circumstances, as determined by the 
        Administrator.
    (b) Agreements With Foreign Entities.--The Administrator 
may plan, negotiate, or implement agreements with foreign 
entities for the launch of payloads for international 
collaborative efforts relating to science and technology using 
the Space Launch System.
    (c) Compelling Circumstances.--Not later than 30 days after 
the date the Administrator makes a determination under 
subsection (a)(4), the Administrator shall transmit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science of the House of 
Representatives written notification of the Administrator's 
intent to select the Space Launch System for a specific mission 
under that subsection, including justification for the 
determination.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3427; Pub. 
L. 114-90, title I, Sec. 117(a)(3), Nov. 25, 2015, 129 Stat. 
717.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70102(a).............................  42 U.S.C. 2465a(a).                Pub. L. 101-611, title I, Sec.
                                                                           112(a), (c), (d), Nov. 16, 1990, 104
                                                                           Stat. 3198, 3199.
70102(b).............................  42 U.S.C. 2465a(c).
70102(c).............................  42 U.S.C. 2465a(d).
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2015--Pub. L. 114-90 amended section generally. Prior to 
amendment, section related to space shuttle use policy.

                          FLIGHT OPPORTUNITIES

    Pub. L. 115-10, title VIII, Sec. 826, Mar. 21, 2017, 131 
Stat. 65, provided that:
    ``(a) Development of Payloads.--
          ``(1) In general.--In order to conduct necessary 
        research, the Administrator [of the National 
        Aeronautics and Space Administration] shall continue 
        and, as the Administrator considers appropriate, expand 
        the development of technology payloads for--
                  ``(A) scientific research; and
                  ``(B) investigating new or improved 
                capabilities.
          ``(2) Funds.--For the purpose of carrying out 
        paragraph (1), the Administrator shall make funds 
        available for--
                  ``(A) flight testing;
                  ``(B) payload development; and
                  ``(C) hardware related to subparagraphs (A) 
                and (B).
    ``(b) Reaffirmation of Policy.--Congress reaffirms that the 
Administrator should provide flight opportunities for payloads 
to microgravity environments and suborbital altitudes as 
authorized by section 907 of the National Aeronautics and Space 
Administration Authorization Act of 2010 (42 U.S.C. 18405).''

                      SECONDARY PAYLOAD CAPABILITY

    Pub. L. 109-155, title VI, Sec. 602, Dec. 30, 2005, 119 
Stat. 2931, provided that:
    ``(a) In General.--In order to provide more routine and 
affordable access to space for a broad range of scientific 
payloads, the Administrator is encouraged to provide the 
capabilities to support secondary payload flight opportunities 
on United States launch vehicles, or free flyers, for 
satellites or scientific payloads weighing less than 500 
kilograms.
    ``(b) Feasibility Study.--The Administrator shall initiate 
a feasibility study for designating a National Free Flyer 
Launch Coordination Center as a means of coordinating, 
consolidating, and integrating secondary launch capabilities, 
launch opportunities, and payloads.
    ``(c) Assessment.--The feasibility study required by 
subsection (b) shall include an assessment of the feasibility 
of integrating a National Free Flyer Launch Coordination Center 
within the operations and facilities of an existing nonprofit 
organization such as the Inland Northwest Space Alliance in 
Missoula, Montana, or a similar entity, and shall include an 
assessment of the potential utilization of existing launch and 
launch support facilities and capabilities, including but not 
limited to those in the States of Montana and New Mexico and 
their respective contiguous States, and the State of Alaska, 
for the integration and launch of secondary payloads, including 
an assessment of the feasibility of establishing cooperative 
agreements among such facilities, existing or future commercial 
launch providers, payload developers, and the designated 
Coordination Center.''

Sec. 70103. Commercial payloads on space launch system

    (a) Definitions.--In this section:
          (1) Launch vehicle.--The term ``launch vehicle'' 
        means any vehicle constructed for the purpose of 
        operating in, or placing a payload in, outer space.
          (2) Payload.--The term ``payload'' means an object 
        which a person undertakes to place in outer space by 
        means of a launch vehicle, and includes subcomponents 
        of the launch vehicle specifically designed or adapted 
        for that object.
    (b) In General.--Commercial payloads may not be accepted 
for launch as primary payloads on the space launch system 
unless the Administrator determines that--
          (1) the payload requires the unique capabilities of 
        the space launch system; or
          (2) launching of the payload on the space launch 
        system is important for either national security or 
        foreign policy purposes.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3428; Pub. 
L. 114-90, title I, Sec. 117(a)(4), Nov. 25, 2015, 129 Stat. 
718.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70103(a).............................  42 U.S.C. 2465c.                   Pub. L. 101-611, title II, Sec.  203,
                                                                           Nov. 16, 1990, 104 Stat. 3206; Pub.
                                                                           L. 105-303, title II, Sec.  203(2),
                                                                           Oct. 28, 1998, 112 Stat. 2855.
70103(b).............................  42 U.S.C. 2465f.                   Pub. L. 101-611, title II, Sec.  206,
                                                                           Nov. 16, 1990, 104 Stat. 3207; Pub.
                                                                           L. 105-303, title II, Sec.  203(4),
                                                                           Oct. 28, 1998, 112 Stat. 2855.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``this section'' are 
substituted for ``this title'', meaning title II of Public Law 
101-611, because title II of Public Law 101-611 was previously 
repealed except for section 201 (a short title provision, 
classified to 42 U.S.C. 2451 note, in which neither defined 
term appears) and sections 203 (42 U.S.C. 2465c) and 206 (42 
U.S.C. 2465f) of Public Law 101-611, which are restated in this 
section.

                               AMENDMENTS

    2015--Pub. L. 114-90 substituted ``space launch system'' 
for ``space shuttle'' in section catchline and wherever 
appearing in text.

Sec. 70104. Definition of Space Launch System

    In this chapter, the term ``Space Launch System'' means the 
Space Launch System authorized under section 302 of the 
National Aeronautics and Space Administration Authorization Act 
of 2010 (42 U.S.C. 18322).

(Added Pub. L. 114-90, title I, Sec. 117(a)(5), Nov. 25, 2015, 
129 Stat. 718.)

                        [CHAPTER 703--REPEALED]

[Sec. Sec. 70301 to 70304. Repealed. Pub. L. 115-10, title IV, 
                    Sec. 416(b), Mar. 21, 2017, 131 Stat. 35]

    Section 70301, Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 
Stat. 3428, set out Congressional findings.
    Section 70302, Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 
Stat. 3429, related to purpose, policy, and goals of chapter.
    Section 70303, Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 
Stat. 3429, defined ``additive cost''.
    Section 70304, Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 
Stat. 3429, related to duties of Administrator.

                  CHAPTER 705--EXPLORATION INITIATIVES

Sec.
70501. Space shuttle follow-on.
70502. Exploration plan and programs.
70503. Ground-based analog capabilities.
70504. Stepping stone approach to exploration.
70505. Lunar outpost.
70506. Exploration technology research.
70507. Technology development.
70508. Robotic or human servicing of spacecraft.

Sec. 70501. Space shuttle follow-on

    (a) Policy Statement.--In order to ensure continuous United 
States participation and leadership in the exploration and 
utilization of space and as an essential instrument of national 
security, it is the policy of the United States to maintain an 
uninterrupted capability for human space flight and 
operations--
          (1) in low-Earth orbit; and
          (2) beyond low-Earth orbit once the capabilities 
        described in section 421(f) of the National Aeronautics 
        and Space Administration Transition Authorization Act 
        of 2017 become available.
    (b) Annual Report.--The Administrator shall transmit an 
annual report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives 
describing the progress being made toward developing the Space 
Launch System and Orion and the estimated time before they will 
demonstrate crewed, orbital spaceflight.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3430; Pub. 
L. 115-10, title IV, Sec. 417, Mar. 21, 2017, 131 Stat. 35.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70501(a).............................  42 U.S.C. 16761(a).                Pub. L. 109-155, title V, Sec.
                                                                           501(a), (b), Dec. 30, 2005, 119 Stat.
                                                                           2927.
70501(b).............................  42 U.S.C. 16761(b).
----------------------------------------------------------------------------------------------------------------

    In subsection (b), the words ``The Administrator shall 
transmit an annual report'' are substituted for ``Not later 
than 180 days after the date of enactment of this Act [December 
30, 2005] and annually thereafter, the Administrator shall 
transmit a report'' to eliminate obsolete language.
    In subsection (b), the words ``Committee on Science and 
Technology'' are substituted for ``Committee on Science'' on 
authority of Rule X(1)(o) of the Rules of the House of 
Representatives, adopted by House Resolution No. 6 (110th 
Congress, January 5, 2007).

                           REFERENCES IN TEXT

    Section 421(f) of the National Aeronautics and Space 
Administration Transition Authorization Act of 2017, referred 
to in subsec. (a)(2), is section 421(f) of Pub. L. 115-10, 
which is set out as a note under section 20301 of this title.

                               AMENDMENTS

    2017--Subsec. (a). Pub. L. 115-10, Sec. 417(1), amended 
subsec. (a) generally. Prior to amendment, text read as 
follows: ``It is the policy of the United States to possess the 
capability for human access to space on a continuous basis.''
    Subsec. (b). Pub. L. 115-10, Sec. 417(2), substituted 
``Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science, Space, and Technology of 
the House of Representatives describing the progress being made 
toward developing the Space Launch System and Orion'' for 
``Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate describing the progress being made 
toward developing the Crew Exploration Vehicle and the Crew 
Launch Vehicle''.

                             CHANGE OF NAME

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

                               TRANSITION

    Pub. L. 110-422, title VI, Sec. 613, Oct. 15, 2008, 122 
Stat. 4799, provided that:
    ``(a) Disposition of Shuttle-Related Assets.--
          ``(1) In general.--Not later than 90 days after the 
        date of enactment of this Act [Oct. 15, 2008], the 
        Administrator [of NASA] shall submit to Congress a plan 
        describing the process for the disposition of the 
        remaining Space Shuttle Orbiters and other Space 
        Shuttle program-related hardware after the retirement 
        of the Space Shuttle fleet.
          ``(2) Plan requirements.--The plan submitted under 
        paragraph (1) shall include a description of a process 
        by which educational institutions, science museums, and 
        other appropriate organizations may acquire, through 
        loan or disposal by the Federal Government, Space 
        Shuttle program hardware.
          ``(3) Prohibition on disposition before completion of 
        plan.--The Administrator shall not dispose of any Space 
        Shuttle program hardware before the plan required by 
        paragraph (1) is submitted to Congress.
    ``(b) Space Shuttle Transition Liaison Office.--
          ``(1) Establishment.--The Administrator shall develop 
        a plan and establish a Space Shuttle Transition Liaison 
        Office within the Office of Human Capital Management of 
        NASA [National Aeronautics and Space Administration] to 
        assist local communities affected by the termination of 
        the Space Shuttle program in mitigating the negative 
        impacts on such communities caused by such termination. 
        The plan shall define the size of the affected local 
        community that would receive assistance described in 
        paragraph (2).
          ``(2) Manner of assistance.--In providing assistance 
        under paragraph (1), the office established under such 
        paragraph shall--
                  ``(A) offer nonfinancial, technical 
                assistance to communities described in such 
                paragraph to assist in the mitigation described 
                in such paragraph; and
                  ``(B) serve as a clearinghouse to assist such 
                communities in identifying services available 
                from other Federal, State, and local agencies 
                to assist in such mitigation.
          ``(3) Termination of office.--The office established 
        under paragraph (1) shall terminate 2 years after the 
        completion of the last Space Shuttle flight.
          ``(4) Submission.--Not later than 180 days after the 
        date of enactment of this Act [Oct. 15, 2008], NASA 
        shall provide a copy of the plan required by paragraph 
        (1) to the Congress.''
    Pub. L. 110-161, div. B, title III, Dec. 26, 2007, 121 
Stat. 1919, provided that: ``The Administrator of the National 
Aeronautics and Space Administration shall prepare a strategy 
for minimizing job losses when the National Aeronautics and 
Space Administration transitions from the Space Shuttle to a 
successor human-rated space transport vehicle. This strategy 
shall include: (1) specific initiatives that the National 
Aeronautics and Space Administration has undertaken, or plans 
to undertake, to maximize the utilization of existing civil 
service and contractor workforces at each of the affected 
Centers; (2) efforts to equitably distribute tasks and workload 
between the Centers to mitigate the brunt of job losses being 
borne by only certain Centers; (3) new workload, tasks, 
initiatives, and missions being secured for the affected 
Centers; and (4) overall projections of future civil service 
and contractor workforce levels at the affected Centers. The 
Administrator shall transmit this strategy to Congress not 
later than 90 days after the date of enactment of this Act 
[Dec. 26, 2007]. The Administrator shall update and transmit to 
Congress this strategy not less than every six months 
thereafter until the successor human-rated space transport 
vehicle is fully operational.''
    Pub. L. 109-155, title V, Sec. 502, Dec. 30, 2005, 119 
Stat. 2928, provided that:
    ``(a) In General.--The Administrator [of the National 
Aeronautics and Space Administration] shall, to the fullest 
extent possible consistent with a successful development 
program, use the personnel, capabilities, assets, and 
infrastructure of the Space Shuttle program in developing the 
Crew Exploration Vehicle, Crew Launch Vehicle, and a heavy-lift 
launch vehicle.
    ``(b) Plan.--Not later than 180 days after the date of 
enactment of this Act [Dec. 30, 2005], the Administrator shall 
transmit to the Committee on Science [now Committee on Science, 
Space, and Technology] of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a plan describing how NASA [National Aeronautics and 
Space Administration] will proceed with its human space flight 
programs, which, at a minimum, shall describe--
          ``(1) how NASA will deploy personnel from, and use 
        the facilities of, the Space Shuttle program to ensure 
        that the Space Shuttle operates as safely as possible 
        through its final flight and to ensure that personnel 
        and facilities from the Space Shuttle program are used 
        in NASA's exploration programs in accordance with 
        subsection (a);
          ``(2) the planned number of flights the Space Shuttle 
        will make before its retirement;
          ``(3) the means, other than the Space Shuttle and the 
        Crew Exploration Vehicle, including commercial 
        vehicles, that may be used to ferry crew and cargo to 
        and from the ISS [International Space Station];
          ``(4) the intended purpose of lunar missions and the 
        architecture for those missions; and
          ``(5) the extent to which the Crew Exploration 
        Vehicle will allow for the escape of the crew in an 
        emergency.
    ``(c) Personnel.--The Administrator shall consult with 
other appropriate Federal agencies and with NASA contractors 
and employees to develop a transition plan for any Federal and 
contractor personnel engaged in the Space Shuttle program who 
can no longer be retained because of the retirement of the 
Space Shuttle. The plan shall include actions to assist Federal 
and contractor personnel in taking advantage of training, 
retraining, job placement and relocation programs, and any 
other actions that NASA will take to assist the employees. The 
plan shall also describe how the Administrator will ensure that 
NASA and its contractors will have an appropriate complement of 
employees to allow for the safest possible use of the Space 
Shuttle through its final flight. The Administrator shall 
transmit the plan to the Committee on Science [now Committee on 
Science, Space, and Technology] of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate not later than March 31, 2006.''

Sec. 70502. Exploration plan and programs

    The Administrator shall--
          (1) construct an architecture and implementation plan 
        for the Administration's human exploration program that 
        is not critically dependent on the achievement of 
        milestones by fixed dates;
          (2) implement an exploration research and technology 
        development program to enable human and robotic 
        operations consistent with section 20302(b) of this 
        title;
          (3) conduct an in-situ resource utilization 
        technology program to develop the capability to use 
        space resources to increase independence from Earth, 
        and sustain exploration beyond low-Earth orbit; and
          (4) pursue aggressively automated rendezvous and 
        docking capabilities that can support the International 
        Space Station and other mission requirements.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3430; Pub. 
L. 115-10, title IV, Sec. 415, Mar. 21, 2017, 131 Stat. 34.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70502................................  42 U.S.C. 16763.                   Pub. L. 109-155, title V, Sec.  503,
                                                                           Dec. 30, 2005, 119 Stat. 2929.
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2017--Par. (2). Pub. L. 115-10 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``implement an 
exploration technology development program to enable lunar 
human and robotic operations consistent with section 20302(b) 
of this title, including surface power to use on the Moon and 
other locations;''.

Sec. 70503. Ground-based analog capabilities

    (a) In General.--The Administrator may establish a ground-
based analog capability in remote United States locations in 
order to assist in the development of lunar operations, life 
support, and in-situ resource utilization experience and 
capabilities.
    (b) Environmental Characteristics.--The Administrator shall 
select locations for the activities described in subsection (a) 
that--
          (1) are regularly accessible;
          (2) have significant temperature extremes and range; 
        and
          (3) have access to energy and natural resources 
        (including geothermal, permafrost, volcanic, or other 
        potential resources).
    (c) Involvement of Local Populations and Private Sector 
Partners.--In carrying out this section, the Administrator 
shall involve local populations, academia, and industrial 
partners as much as possible to ensure that ground-based 
benefits and applications are encouraged and developed.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3430.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70503................................  42 U.S.C. 16764.                   Pub. L. 109-155, title V, Sec.  504,
                                                                           Dec. 30, 2005, 199 Stat. 2929.
----------------------------------------------------------------------------------------------------------------

Sec. 70504. Stepping stone approach to exploration

    (a) In General.--The Administration--
          (1) may conduct missions to intermediate destinations 
        in sustainable steps in accordance with section 
        20302(b) of this title, and on a timetable determined 
        by the availability of funding, in order to achieve the 
        objective of human exploration of Mars specified in 
        section 202(b)(5) of the National Aeronautics and Space 
        Administration Authorization Act of 2010 (42 U.S.C. 
        18312(b)(5)); and
          (2) shall incorporate any such missions into the 
        human exploration roadmap under section 432 of the 
        National Aeronautics and Space Administration 
        Transition Authorization Act of 2017.
    (b) Cost-Effectiveness.--In order to maximize the cost-
effectiveness of the long-term space exploration and 
utilization activities of the United States, the Administrator 
shall take all necessary steps, including engaging 
international, academic, and industry partners, to ensure that 
activities in the Administration's human space exploration 
program balance how those activities might also help meet the 
requirements of future exploration and utilization activities 
leading to human habitation on the surface of Mars.
    (c) Completion.--Within budgetary considerations, once an 
exploration-related project enters its development phase, the 
Administrator shall seek, to the maximum extent practicable, to 
complete that project without undue delays.
    (d) International Participation.--In order to achieve the 
goal of successfully conducting a crewed mission to the surface 
of Mars, the President may invite the United States partners in 
the ISS program and other nations, as appropriate, to 
participate in an international initiative under the leadership 
of the United States.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3431; Pub. 
L. 115-10, title IV, Sec. 414, Mar. 21, 2017, 131 Stat. 34.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70504................................  42 U.S.C. 17731.                   Pub. L. 110-422, title IV, Sec.  403,
                                                                           Oct. 15, 2008, 122 Stat. 4789.
----------------------------------------------------------------------------------------------------------------

                           REFERENCES IN TEXT

    Section 432 of the National Aeronautics and Space 
Administration Transition Authorization Act of 2017, 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 this title.

                               AMENDMENTS

    2017--Pub. L. 115-10 amended section generally. Prior to 
amendment, text read as follows: ``In order to maximize the 
cost-effectiveness of the long-term exploration and utilization 
activities of the United States, the Administrator shall take 
all necessary steps, including engaging international partners, 
to ensure that activities in its lunar exploration program 
shall be designed and implemented in a manner that gives strong 
consideration to how those activities might also help meet the 
requirements of future exploration and utilization activities 
beyond the Moon. The timetable of the lunar phase of the long-
term international exploration initiative shall be determined 
by the availability of funding. However, once an exploration-
related project enters its development phase, the Administrator 
shall seek, to the maximum extent practicable, to complete that 
project without undue delays.''

Sec. 70505. Lunar outpost

    (a) Establishment.--As the Administration works toward the 
establishment of a lunar outpost, the Administration shall make 
no plans that would require a lunar outpost to be occupied to 
maintain its viability. Any such outpost shall be operable as a 
human-tended facility capable of remote or autonomous operation 
for extended periods.
    (b) Designation.--The United States portion of the first 
human-tended outpost established on the surface of the Moon 
shall be designated the ``Neil A. Armstrong Lunar Outpost''.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3431.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70505(a).............................  42 U.S.C. 17732(a).                Pub. L. 110-422, title IV, Sec.
                                                                           404(a), (b), Oct. 15, 2008, 122 Stat.
                                                                           4789.
70505(b).............................  42 U.S.C. 17732(b).
----------------------------------------------------------------------------------------------------------------

Sec. 70506. Exploration technology research

    The Administrator shall carry out a program of long-term 
exploration-related technology research and development, 
including such things as in-space propulsion, power systems, 
life support, and advanced avionics, that is not tied to 
specific flight projects. The program shall have the funding 
goal of ensuring that the technology research and development 
can be completed in a timely manner in order to support the 
safe, successful, and sustainable exploration of the solar 
system. In addition, in order to ensure that the broadest range 
of innovative concepts and technologies are captured, the long-
term technology program shall have the goal of having a 
significant portion of its funding available for external 
grants and contracts with universities, research institutions, 
and industry.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3431.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70506................................  42 U.S.C. 17733(b).                Pub. L. 110-422, title IV, Sec.
                                                                           405(b), Oct. 15, 2008, 112 Stat.
                                                                           4789.
----------------------------------------------------------------------------------------------------------------

                                PURPOSE

    Pub. L. 110-422, title IV, Sec. 405(a), Oct. 15, 2008, 122 
Stat. 4789, provided that: ``A robust program of long-term 
exploration-related technology research and development will be 
essential for the success and sustainability of any enduring 
initiative of human and robotic exploration of the solar 
system.''

             INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE FLIGHT

    Pub. L. 106-391, title III, Sec. 313, Oct. 30, 2000, 114 
Stat. 1594, provided that:
    ``(a) Establishment of Program.--In order to promote a 
`faster, cheaper, better' approach to the human exploration and 
development of space, the Administrator [of the National 
Aeronautics and Space Administration] shall establish a Human 
Space Flight Innovative Technologies program of ground-based 
and space-based research and development in innovative 
technologies. The program shall be part of the Technology and 
Commercialization program.
    ``(b) Awards.--At least 75 percent of the amount 
appropriated for Technology and Commercialization under section 
101(b)(4) [114 Stat. 1581] for any fiscal year shall be awarded 
through broadly distributed announcements of opportunity that 
solicit proposals from educational institutions, industry, 
nonprofit institutions, National Aeronautics and Space 
Administration Centers, the Jet Propulsion Laboratory, other 
Federal agencies, and other interested organizations, and that 
allow partnerships among any combination of those entities, 
with evaluation, prioritization, and recommendations made by 
external peer review panels.
    ``(c) Plan.--The Administrator shall provide to the 
Committee on Science [now Committee on Science, Space, and 
Technology] of the House of Representatives and to the 
Committee on Commerce, Science, and Transportation of the 
Senate, not later than December 1, 2000, a plan to implement 
the program established under subsection (a).''

Sec. 70507. Technology development

    The Administrator shall establish an intra-Directorate 
long-term technology development program for space and Earth 
science within the Science Mission Directorate for the 
development of new technology. The program shall be independent 
of the flight projects under development. The Administration 
shall have a goal of funding the intra-Directorate technology 
development program at a level of 5 percent of the total 
Science Mission Directorate annual budget. The program shall be 
structured to include competitively awarded grants and 
contracts.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3431.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70507................................  42 U.S.C. 17741.                   Pub. L. 110-422, title V, Sec.  501,
                                                                           Oct. 15, 2008, 122 Stat. 4791.
----------------------------------------------------------------------------------------------------------------

Sec. 70508. Robotic or human servicing of spacecraft

    The Administrator shall take all necessary steps to ensure 
that provision is made in the design and construction of all 
future observatory-class scientific spacecraft intended to be 
deployed in Earth orbit or at a Lagrangian point in space for 
robotic or human servicing and repair to the extent practicable 
and appropriate.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3432.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70508................................  42 U.S.C. 17742.                   Pub. L. 110-422, title V, Sec.  502,
                                                                           Oct. 15, 2008, 122 Stat. 4791.
----------------------------------------------------------------------------------------------------------------

  CHAPTER 707--HUMAN SPACE FLIGHT INDEPENDENT INVESTIGATION COMMISSION

Sec.
70701. Definitions.
70702. Establishment of Commission.
70703. Tasks of Commission.
70704. Composition of Commission.
70705. Powers of Commission.
70706. Public meetings, information, and hearings.
70707. Staff of Commission.
70708. Compensation and travel expenses.
70709. Security clearances for Commission members and staff.
70710. Reporting requirements and termination.

Sec. 70701. Definitions

    In this chapter:
    (1) Commission.--The term ``Commission'' means a Commission 
established under this chapter.
    (2) Incident.--The term ``incident'' means either an 
accident or a deliberate act.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3432.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70701................................  42 U.S.C. 16841.                   Pub. L. 109-155, title VIII, Sec.
                                                                           821, Dec. 30, 2005, 199 Stat. 2941.
----------------------------------------------------------------------------------------------------------------

Sec. 70702. Establishment of Commission

    (a) Establishment.--The President shall establish an 
independent, nonpartisan Commission within the executive branch 
to investigate any incident that results in the loss of--
          (1) a space shuttle;
          (2) the International Space Station or its 
        operational viability;
          (3) any other orbital or suborbital space vehicle 
        carrying humans that is--
                  (A) owned by the Federal Government; or
                  (B) being used pursuant to a contract or 
                Space Act Agreement with the Federal Government 
                for carrying a government astronaut or a 
                researcher funded by the Federal Government; or
          (4) a crew member or passenger of any space vehicle 
        described in this subsection.
    (b) Deadline for Establishment.--The President shall 
establish a Commission within 7 days after an incident 
specified in subsection (a).
    (c) Definitions.--In this section:
          (1) Government astronaut.--The term ``government 
        astronaut'' has the meaning given the term in section 
        50902.
          (2) Space act agreement.--The term ``Space Act 
        Agreement'' means an agreement entered into by the 
        Administration pursuant to its other transactions 
        authority under section 20113(e).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3432; Pub. 
L. 115-10, title VIII, Sec. 838, Mar. 21, 2017, 131 Stat. 71.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70702................................  42 U.S.C. 16842.                   Pub. L. 109-155, title VIII, Sec.
                                                                           822, Dec. 30, 2005, 119 Stat. 2941.
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2017--Subsec. (a)(3). Pub. L. 115-10, Sec. 838(1), amended 
par. (3) generally. Prior to amendment, par. (3) read as 
follows: ``any other United States space vehicle carrying 
humans that is owned by the Federal Government or that is being 
used pursuant to a contract with the Federal Government; or''. 
Subsec. (c). Pub. L. 115-10, Sec. 838(2), added subsec. (c).

Sec. 70703. Tasks of Commission

    A Commission established pursuant to this chapter shall, to 
the extent possible, undertake the following tasks:
          (1) Investigation.--Investigate the incident.
          (2) Cause.--Determine the cause of the incident.
          (3) Contributing Factors.--Identify all contributing 
        factors to the cause of the incident.
          (4) Recommendations.--Make recommendations for 
        corrective actions.
          (5) Additional Findings or Recommendations.--Provide 
        any additional findings or recommendations deemed by 
        the Commission to be important, whether or not they are 
        related to the specific incident under investigation.
          (6) Report.--Prepare a report to Congress, the 
        President, and the public.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3432.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70703................................  42 U.S.C. 16843.                   Pub. L. 109-155, title VIII, Sec.
                                                                           823, Dec. 30, 2005, 119 Stat. 2941.
----------------------------------------------------------------------------------------------------------------

Sec. 70704. Composition of Commission

    (a) Number of Commissioners.--A Commission established 
pursuant to this chapter shall consist of 15 members.
    (b) Selection.--The members of a Commission shall be chosen 
in the following manner:
          (1) Appointment by president.--The President shall 
        appoint the members, and shall designate the Chairman 
        and Vice Chairman of the Commission from among its 
        members.
          (2) Lists provided by leaders of congress.--The 
        majority leader of the Senate, the minority leader of 
        the Senate, the Speaker of the House of 
        Representatives, and the minority leader of the House 
        of Representatives shall each provide to the President 
        a list of candidates for membership on the Commission. 
        The President may select one of the candidates from 
        each of the 4 lists for membership on the Commission.
          (3) Prohibition regarding federal officers and 
        employees and members of congress.--No officer or 
        employee of the Federal Government or Member of 
        Congress shall serve as a member of the Commission.
          (4) Prohibition regarding contractors.--No member of 
        the Commission shall have, or have pending, a 
        contractual relationship with the Administration.
          (5) Prohibition regarding conflict of interest.--The 
        President shall not appoint any individual as a member 
        of a Commission under this section who has a current or 
        former relationship with the Administrator that the 
        President determines would constitute a conflict of 
        interest.
          (6) Experience.--To the extent practicable, the 
        President shall ensure that the members of the 
        Commission include some individuals with experience 
        relative to human carrying spacecraft, as well as some 
        individuals with investigative experience and some 
        individuals with legal experience.
          (7) Diversity.--To the extent practicable, the 
        President shall seek diversity in the membership of the 
        Commission.
    (c) Deadline for Appointment.--All members of a Commission 
established under this chapter shall be appointed no later than 
30 days after the incident.
    (d) Initial Meeting.--A Commission shall meet and begin 
operations as soon as practicable.
    (e) Subsequent Meetings.--After its initial meeting, a 
Commission shall meet upon the call of the Chairman or a 
majority of its members.
    (f) Quorum.--Eight members of a Commission shall constitute 
a quorum.
    (g) Vacancies.--Any vacancy in a Commission shall not 
affect its powers, but shall be filled in the same manner in 
which the original appointment was made.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3433.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70704(a).............................  42 U.S.C. 16844(a).                Pub. L. 109-155, title VIII, Sec.
                                                                           824, Dec. 30, 2005, 119 Stat. 2942.
70704(b).............................  42 U.S.C. 16844(b).
70704(c).............................  42 U.S.C. 16844(c).
70704(d).............................  42 U.S.C. 16844(d).
70704(e).............................  42 U.S.C. 16844(e) (1st
                                        sentence).
70704(f).............................  42 U.S.C. 16844(e) (2d sentence).
70704(g).............................  42 U.S.C. 16844(e) (last
                                        sentence).
----------------------------------------------------------------------------------------------------------------

Sec. 70705. Powers of Commission

    (a) Hearings and Evidence.--A Commission or, on the 
authority of the Commission, any subcommittee or member 
thereof, may, for the purpose of carrying out this chapter--
          (1) hold such hearings and sit and act at such times 
        and places, take such testimony, receive such evidence, 
        administer such oaths; and
          (2) require, by subpoena or otherwise, the attendance 
        and testimony of such witnesses and the production of 
        such books, records, correspondence, memoranda, papers, 
        and documents, as the Commission or such designated 
        subcommittee or member may determine advisable.
    (b) Contracting.--A Commission may, to such extent and in 
such amounts as are provided in appropriation Acts, enter into 
contracts to enable the Commission to discharge its duties 
under this chapter.
    (c) Information From Federal Agencies.--
          (1) In general.--A Commission may secure directly 
        from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, 
        suggestions, estimates, and statistics for the purposes 
        of this chapter. Each department, bureau, agency, 
        board, commission, office, independent establishment, 
        or instrumentality shall, to the extent authorized by 
        law, furnish such information, suggestions, estimates, 
        and statistics directly to the Commission, upon request 
        made by the Chairman, the chairman of any subcommittee 
        created by a majority of the Commission, or any member 
        designated by a majority of the Commission.
          (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, 
        and disseminated by members of the Commission and its 
        staff consistent with all applicable statutes, 
        regulations, and Executive orders.
    (d) Assistance From Federal Agencies.--
          (1) General services administration.--The 
        Administrator of General Services shall provide to a 
        Commission on a reimbursable basis administrative 
        support and other services for the performance of the 
        Commission's tasks.
          (2) Other departments and agencies.--In addition to 
        the assistance prescribed in paragraph (1), departments 
        and agencies of the United States may provide to the 
        Commission such services, funds, facilities, staff, and 
        other support services as they may determine advisable 
        and as may be authorized by law.
          (3) Administration engineering and safety center.--
        The Administration Engineering and Safety Center shall 
        provide data and technical support as requested by the 
        Commission.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3433.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70705................................  42 U.S.C. 16845.                   Pub. L. 109-155, title VIII, Sec.
                                                                           825, Dec. 21, 2005, 119 Stat. 2942.
----------------------------------------------------------------------------------------------------------------

Sec. 70706. Public meetings, information, and hearings

    (a) Public Meetings and Release of Public Versions of 
Reports.--A Commission shall--
         (1) hold public hearings and meetings to the extent 
        appropriate; and
         (2) release public versions of the reports required 
        under this chapter.
    (b) Public Hearings.--Any public hearings of a Commission 
shall be conducted in a manner consistent with the protection 
of information provided to or developed for or by the 
Commission as required by any applicable statute, regulation, 
or Executive order.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3434.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70706................................  42 U.S.C. 16846.                   Pub. L. 109-155, title VIII, Sec.
                                                                           826, Dec. 30, 2005, 119 Stat. 2943.
----------------------------------------------------------------------------------------------------------------

Sec. 70707. Staff of Commission

    (a) Appointment and Compensation.--The Chairman, in 
consultation with the Vice Chairman, in accordance with rules 
agreed upon by a Commission, may appoint and fix the 
compensation of a staff director and such other personnel as 
may be necessary to enable the Commission to carry out its 
functions.
    (b) Detailees.--Any Federal Government employee, except for 
an employee of the Administration, may be detailed to a 
Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his 
or her regular employment without interruption.
    (c) Consultant Services.--A Commission may procure the 
services of experts and consultants in accordance with section 
3109 of title 5, but at rates not to exceed the daily 
equivalent of the annual rate of basic pay in effect for 
positions at level IV of the Executive Schedule under section 
5315 of title 5. An expert or consultant whose services are 
procured under this subsection shall disclose any contract or 
association the expert or consultant has with the 
Administration or any Administration contractor.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3435.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70707................................  42 U.S.C. 16847.                   Pub. L. 109-155, title VIII, Sec.
                                                                           827, Dec. 30, 2005, 119 Stat. 2943.
----------------------------------------------------------------------------------------------------------------

    In subsection (c), in the 1st sentence, the words ``the 
daily equivalent of the annual rate of basic pay in effect for 
positions at level IV of the Executive Schedule under section 
5315 of title 5'' are substituted for ``the daily rate paid a 
person occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5'' for consistency in 
title 51.
    In subsection (c), in the last sentence, the words ``the 
expert or consultant'' are substituted for ``it'' for clarity.

Sec. 70708. Compensation and travel expenses

    (a) Compensation.--Each member of a Commission may be 
compensated at a rate not to exceed the daily equivalent of the 
annual rate of basic pay in effect for positions at level IV of 
the Executive Schedule under section 5315 of title 5 for each 
day during which that member is engaged in the actual 
performance of the duties of the Commission.
    (b) Travel Expenses.--While away from their homes or 
regular places of business in the performance of services for 
the Commission, members of a Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence, in the 
same manner as persons employed intermittently in the 
Government service are allowed expenses under section 5703 of 
title 5.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3435.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70708................................  42 U.S.C. 16848.                   Pub. L. 109-155, title VIII, Sec.
                                                                           828, Dec. 30, 2005, 119 Stat. 2944.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``at a rate not to exceed the 
daily equivalent of the annual rate'' for ``at not to exceed 
the daily equivalent of the annual rate'' for consistency in 
title 51.
    In subsection (b), the words ``section 5703 of title 5'' 
are substituted for ``section 5703(b) of title 5'' to correct 
an error in the law. Section 5703 of title 5, United States 
Code, does not contain a subsection (b).

Sec. 70709. Security clearances for Commission members and staff

    The appropriate Federal agencies or departments shall 
cooperate with a Commission in expeditiously providing to the 
Commission members and staff appropriate security clearances to 
the extent possible pursuant to existing procedures and 
requirements. No person shall be provided with access to 
classified information under this chapter without the 
appropriate security clearances.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3435.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70709................................  42 U.S.C. 16849.                   Pub. L. 109-155, title VIII, Sec.
                                                                           829, Dec. 30, 2005, 119 Stat. 2944.
----------------------------------------------------------------------------------------------------------------

Sec. 70710. Reporting requirements and termination

    (a) Interim Reports.--A Commission may submit to the 
President and Congress interim reports containing such 
findings, conclusions, and recommendations for corrective 
actions as have been agreed to by a majority of Commission 
members.
    (b) Final Report.--A Commission shall submit to the 
President and Congress, and make concurrently available to the 
public, a final report containing such findings, conclusions, 
and recommendations for corrective actions as have been agreed 
to by a majority of Commission members. Such report shall 
include any minority views or opinions not reflected in the 
majority report.
    (c) Termination.--
          (1) In general.--A Commission, and all the 
        authorities of this chapter with respect to that 
        Commission, shall terminate 60 days after the date on 
        which the final report is submitted under subsection 
        (b).
          (2) Administrative activities before termination.--A 
        Commission may use the 60-day period referred to in 
        paragraph (1) for the purpose of concluding its 
        activities, including providing testimony to committees 
        of Congress concerning its reports and disseminating 
        the final report.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3436.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70710................................  42 U.S.C. 16850.                   Pub. L. 109-155, title VIII, Sec.
                                                                           830, Dec. 30, 2005, 119 Stat. 2944.
----------------------------------------------------------------------------------------------------------------

                CHAPTER 709--INTERNATIONAL SPACE STATION

Sec.
70901. Peaceful uses of space station.
70902. Allocation of International Space Station research budget.
70903. International Space Station research.
70904. International Space Station completion.
70905. National laboratory designation.
70906. International Space Station National Laboratory Advisory 
          Committee.
70907. Maintaining use through at least 2024.

                               AMENDMENTS

    2015--Pub. L. 114-90, title I, Sec. 114(b)(5)(B), Nov. 25, 
2015, 129 Stat. 716, substituted ``Maintaining use through at 
least 2024.'' for ``Maintaining use through at least 2020.'' in 
item 70907.

Sec. 70901. Peaceful uses of space station

    No civil space station authorized under section 103(a)(1) 
of the National Aeronautics and Space Administration 
Authorization Act, Fiscal Year 1991 (Public Law 101-611, 104 
Stat. 3190) may be used to carry or place in orbit any nuclear 
weapon or any other weapon of mass destruction, to install any 
such weapon on any celestial body, or to station any such 
weapon in space in any other manner. This civil space station 
may be used only for peaceful purposes.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3436.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Sections                    Source (U.S. Code)               Sources (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70901................................  (not previously classified)        Pub. L. 101-611, title I, Sec.  123,
                                                                           Nov. 16, 1990, 104 Stat. 3204.
----------------------------------------------------------------------------------------------------------------

    The words ``the National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1991 (Public Law 
101-611, 104 Stat. 3190)'' are substituted for ``this Act'' to 
clarify the reference.

                           REFERENCES IN TEXT

    Section 103(a)(1) of the National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1991 (Public Law 
101-611, 104 Stat. 3190), referred to in text, is not 
classified to the Code.

                      INTERNATIONAL SPACE STATION

    Pub. L. 110-69, title II, Sec. 2006, Aug. 9, 2007, 121 
Stat. 584, provided that:
    ``(a) Sense of Congress.--It is the sense of Congress that 
the International Space Station National Laboratory offers 
unique opportunities for educational activities and provides a 
unique resource for research and development in science, 
technology, and engineering, which can enhance the global 
competitiveness of the United States.
    ``(b) Development of Educational Projects.--The 
Administrator of the National Aeronautics and Space 
Administration shall develop a detailed plan for implementation 
of 1 or more education projects that utilize the resources 
offered by the International Space Station. In developing any 
detailed plan according to this paragraph, the Administrator 
shall make use of the findings and recommendations of the 
International Space Station National Laboratory Education 
Concept Development Task Force.
    ``(c) Development of Research Plans for Competitiveness 
Enhancement.--The Administrator shall develop a detailed plan 
for identification and support of research to be conducted 
aboard the International Space Station, which offers the 
potential for enhancement of United States competitiveness in 
science, technology, and engineering. In developing any 
detailed plan pursuant to this subsection, the Administrator 
shall consult with agencies and entities with which cooperative 
agreements have been reached regarding utilization of 
International Space Station National Laboratory facilities.''
    Pub. L. 106-391, title II, Sec. Sec. 201-203, 205, Oct. 30, 
2000, 114 Stat. 1586-1590, as amended by Pub. L. 108-271, 
Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109-155, title 
II, Sec. 207(b), title VII, Sec. 706(a), Dec. 30, 2005, 119 
Stat. 2916, 2937, provided that:

``SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.

    ``(a) Bimonthly Reporting on Russian Status.--Not later 
than the first day of the first month beginning more than 60 
days after the date of the enactment of this Act [Oct. 30, 
2000], and semiannually thereafter until December 31, 2011, the 
Administrator [of the National Aeronautics and Space 
Administration] shall report to Congress whether or not the 
Russians have performed work expected of them and necessary to 
complete the International Space Station. Each such report 
shall also include a statement of the Administrator's judgment 
concerning Russia's ability to perform work anticipated and 
required to complete the International Space Station before the 
next report under this subsection. Each such report shall also 
identify each Russian entity or person to whom NASA has, since 
the date of the enactment of the Iran Nonproliferation 
Amendments Act of 2005 [Nov. 22, 2005], made a payment in cash 
or in-kind for work to be performed or services to be rendered 
under the Agreement Concerning Cooperation on the Civil 
International Space Station, with annex, signed at Washington 
January 29, 1998, and entered into force March 27, 2001, or any 
protocol, agreement, memorandum of understanding, or contract 
related thereto. Each report shall include the specific purpose 
of each payment made to each entity or person identified in the 
report.
    ``(b) Decision on Russian Critical Path Items.--The 
President shall notify Congress within 90 days after the date 
of the enactment of this Act [Oct. 30, 2000] of the decision on 
whether or not to proceed with permanent replacement of any 
Russian elements in the critical path [as defined in section 3 
of Pub. L. 106-391, 51 U.S.C. 10101 note] of the International 
Space Station or any Russian launch services. Such notification 
shall include the reasons and justifications for the decision 
and the costs associated with the decision. Such decision shall 
include a judgment of when all elements identified in Revision 
E assembly sequence as of June 1999 will be in orbit and 
operational. If the President decides to proceed with a 
permanent replacement for any Russian element in the critical 
path or any Russian launch services, the President shall notify 
Congress of the reasons and the justification for the decision 
to proceed with the permanent replacement and the costs 
associated with the decision.
    ``(c) Assurances.--The United States shall seek assurances 
from the Russian Government that it places a higher priority on 
fulfilling its commitments to the International Space Station 
than it places on extending the life of the Mir Space Station, 
including assurances that Russia will not utilize assets 
allocated by Russia to the International Space Station for 
other purposes, including extending the life of Mir.
    ``(d) Equitable Utilization.--In the event that any 
International Partner in the International Space Station 
Program willfully violates any of its commitments or agreements 
for the provision of agreed-upon Space Station-related hardware 
or related goods or services, the Administrator should, in a 
manner consistent with relevant international agreements, seek 
a commensurate reduction in the utilization rights of that 
Partner until such time as the violated commitments or 
agreements have been fulfilled.
    ``(e) Operation Costs.--The Administrator shall, in a 
manner consistent with relevant international agreements, seek 
to reduce the National Aeronautics and Space Administration's 
share of International Space Station common operating costs, 
based upon any additional capabilities provided to the 
International Space Station through the National Aeronautics 
and Space Administration's Russian Program Assurance 
activities.

``[SEC. 202. REPEALED. PUB. L. 109-155, TITLE II, Sec. 207(B), DEC. 30, 
                    2005, 119 STAT. 2916, EFFECTIVE 30 DAYS AFTER DEC. 
                    1, 2006.]

``SEC. 203. RESEARCH ON INTERNATIONAL SPACE STATION.

    ``(a) Study.--The Administrator [of the National 
Aeronautics and Space Administration] shall enter into a 
contract with the National Research Council and the National 
Academy of Public Administration to jointly conduct a study of 
the status of life and microgravity research as it relates to 
the International Space Station.
    The study shall include--
          ``(1) an assessment of the United States scientific 
        community's readiness to use the International Space 
        Station for life and microgravity research;
          ``(2) an assessment of the current and projected 
        factors limiting the United States scientific 
        community's ability to maximize the research potential 
        of the International Space Station, including, but not 
        limited to, the past and present availability of 
        resources in the life and microgravity research 
        accounts within the Office of Human Spaceflight and the 
        Office of Life and Microgravity Sciences and 
        Applications and the past, present, and projected 
        access to space of the scientific community; and
          ``(3) recommendations for improving the United States 
        scientific community's ability to maximize the research 
        potential of the International Space Station, including 
        an assessment of the relative costs and benefits of--
                  ``(A) dedicating an annual mission of the 
                Space Shuttle to life and microgravity research 
                during assembly of the International Space 
                Station; and
                  ``(B) maintaining the schedule for assembly 
                in place at the time of the enactment [Oct. 30, 
                2000].
    ``(b) Report.--Not later than 1 year after the date of the 
enactment of this Act [Oct. 30, 2000], the Administrator shall 
transmit to the Committee on Science [now Committee on Science, 
Space, and Technology] of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study conducted under 
this section.

``SEC. 205. SPACE STATION RESEARCH UTILIZATION AND COMMERCIALIZATION 
                    MANAGEMENT.

    ``(a) Research Utilization and Commercialization Management 
Activities.--The Administrator of the National Aeronautics and 
Space Administration shall enter into an agreement with a non-
government organization to conduct research utilization and 
commercialization management activities of the International 
Space Station subsequent to substantial completion as defined 
in section 202(b)(3). The agreement may not take effect less 
than 120 days after the implementation plan for the agreement 
is submitted to the Congress under subsection (b).
    ``(b) Implementation Plan.--Not later than September 30, 
2001, the Administrator shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Science [now Committee on Science, Space, and 
Technology] of the House of Representatives an implementation 
plan to incorporate the use of a non-government organization 
for the International Space Station. The implementation plan 
shall include--
          ``(1) a description of the respective roles and 
        responsibilities of the Administration and the non-
        government organization;
          ``(2) a proposed structure for the non-government 
        organization;
          ``(3) a statement of the resources required;
          ``(4) a schedule for the transition of 
        responsibilities; and
          ``(5) a statement of the duration of the agreement.''
    [Pub. L. 109-155, title VII, Sec. 706(a)(2), Dec. 30, 2005, 
119 Stat. 2937, which directed insertion of two sentences at 
end of section 201 of Pub. L. 106-391, set out above, was 
executed by making the insertion at the end of section 201(a) 
of Pub. L. 106-391, to reflect the probable intent of 
Congress.]

                    PERMANENTLY MANNED SPACE STATION

    Pub. L. 100-147, title I, Sec. Sec. 106-112, Oct. 30, 1987, 
101 Stat. 863-865, as amended by Pub. L. 102-195, Sec. 16, Dec. 
9, 1991, 105 Stat. 1614; Pub. L. 105-362, title XI, 
Sec. 1101(c), Nov. 10, 1998, 112 Stat. 3292, provided that:
    ``SEC. 106. (a) The Administrator [of the National 
Aeronautics and Space Administration] is directed to undertake 
the construction of a permanently manned space station 
(hereinafter referred to as the `space station') to become 
operational in 1995. The space station will be used for the 
following purposes--
          ``(1) the conduct of scientific experiments, 
        applications experiments, and engineering experiments;
          ``(2) the servicing, rehabilitation, and construction 
        of satellites and space vehicles;
          ``(3) the development and demonstration of commercial 
        products and processes; and
          ``(4) the establishment of a space base for other 
        civilian and commercial space activities.
    ``(b) The space station shall be developed and operated in 
a manner that supports other science and space activities.
    ``(c) In order to reduce the cost of operations of the 
space station and its ground support system, the Administrator 
shall undertake the development of such advanced technologies 
as may be appropriate within the level of funding authorized in 
this Act [see Tables for classification].
    ``(d) The Administrator shall seek to have portions of the 
space station constructed and operated by the private sector, 
where appropriate.
    ``(e) The Administrator shall promote international 
cooperation in the space station program by undertaking the 
development, construction, and operation of the space station 
in conjunction with (but not limited to) the Governments of 
Europe, Japan, and Canada.
    ``(f) The space station shall be designed, developed, and 
operated in a manner that enables evolutionary enhancement.
    ``[SEC. 107. Repealed. Pub. L. 105-362, title XI, 
Sec. 1101(c), Nov. 10, 1998, 112 Stat. 3292.]
    ``SEC. 108. In order to ensure that the development of the 
space station is part of a balanced civilian space program, the 
Administrator is instructed to establish as a goal a funding 
profile that limits (1) space station total annual costs under 
the capital development plan in section 107 to 25 percent of 
the total budget request for the National Aeronautics and Space 
Administration and (2) all space station direct operations 
costs, except for those costs associated with the utilization 
of the space station, to 10 percent of the total budget request 
for the National Aeronautics and Space Administration.
    ``SEC. 109. (a) It is the sense of the Congress that the 
launching and servicing of the space station should be 
accomplished by the most cost-effective use of space 
transportation systems, including the space shuttle and 
expendable launch vehicles.
    ``(b) Not later than January 15, 1988, the Administrator 
shall submit a preliminary report on the cost-effective use of 
space transportation systems for the launch of space station 
elements during the development and operation of the space 
station. The Administrator shall consider--
          ``(1) the potential use of future advanced or heavy 
        lift expendable launch vehicles for purposes of the 
        assembly and operation of the space station;
          ``(2) the use of existing expendable launch vehicles 
        of the National Aeronautics and Space Administration, 
        the Department of Defense, and the Private Sector;
          ``(3) the requirement for space shuttle launches; and
          ``(4) the risk of capital losses from the use of 
        expendable launch vehicles and the space shuttle.
    ``SEC. 110. (a) The Administrator shall set and collect 
reasonable user fees for the use and maintenance of the space 
station.
    ``(b) The Administrator shall set user fees so as to--
          ``(1) promote the use of the space station consistent 
        with the policy set forth in section 106;
          ``(2) recover the costs of the use of the space 
        station, including reasonable charges for any 
        enhancement needed for such use; and
          ``(3) conserve and efficiently allocate the resources 
        of the space station.
    ``(c) The Administrator may, on a case-by-case basis, waive 
or modify such user fees when in the Administrator's judgment 
such waiver or modification will further the goals and purposes 
of the National Aeronautics and Space Act of 1958 [see 51 
U.S.C. 20101 et seq.], including--
          ``(1) the advancement of scientific or engineering 
        knowledge;
          ``(2) international cooperation; and
          ``(3) the commercial use of space.
    ``SEC. 111. No later than September 30, 1988, the 
Administrator shall submit a detailed plan for collecting 
reimbursements for the utilization of the space station under 
section 110, including the services to be offered, the 
methodology and bases by which prices will be charged, and the 
estimated revenues.
    ``SEC. 112. The Intergovernmental Agreement currently being 
negotiated between the United States Government and Canada, 
Japan, and member governments of the European Space Agency, and 
the Memorandum of Understanding currently being negotiated 
between the National Aeronautics and Space Administration and 
its counterpart agencies in Canada, Japan, and Europe 
concerning the detailed design, development, construction, 
operation, or utilization of the space station shall be 
submitted to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives. No such 
agreement shall take effect until 30 days have passed after the 
receipt by such committees of the agreement.''

Sec. 70902. Allocation of International Space Station research budget

    The Administrator shall allocate at least 15 percent of the 
funds budgeted for International Space Station research to 
ground-based, free-flyer, and International Space Station life 
and microgravity science research that is not directly related 
to supporting the human exploration program, consistent with 
section 40904 of this title.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3436.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70902................................  42 U.S.C. 16633.                   Pub. L. 109-155, title II, Sec.  204,
                                                                           Dec. 30, 2005, 119 Stat. 2916.
----------------------------------------------------------------------------------------------------------------

    The words ``Beginning with fiscal year 2006'', which 
appeared at the beginning of this section, are omitted as 
obsolete.

Sec. 70903. International Space Station research

    The Administrator shall--
          (1) carry out a program of microgravity research 
        consistent with section 40904 of this title; and
          (2) consider the need for a life sciences centrifuge 
        and any associated holding facilities.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3436.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70903................................  42 U.S.C. 16766(1), (2).           Pub. L. 109-155, title V, Sec.
                                                                           506(1), (2), Dec. 30, 2005, 119 Stat.
                                                                           2930.
----------------------------------------------------------------------------------------------------------------

Sec. 70904. International Space Station completion

    (a) Policy.--It is the policy of the United States to 
achieve diverse and growing utilization of, and benefits from, 
the International Space Station.
    (b) Elements, Capabilities, and Configuration Criteria.--
The Administrator shall ensure that the International Space 
Station will--
          (1) be assembled and operated in a manner that 
        fulfills international partner agreements, as long as 
        the Administrator determines that the shuttle can 
        safely enable the United States to do so;
          (2) be used for a diverse range of microgravity 
        research, including fundamental, applied, and 
        commercial research, consistent with section 40904 of 
        this title;
          (3) have an ability to support a crew size of at 
        least 6 persons, unless the Administrator transmits to 
        the Committee on Science and Technology of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate not later than 60 days 
        after December 30, 2005, a report explaining why such a 
        requirement should not be met, the impact of not 
        meeting the requirement on the International Space 
        Station research agenda and operations and 
        international partner agreements, and what additional 
        funding or other steps would be required to have an 
        ability to support a crew size of at least 6 persons;
          (4) support Crew Exploration Vehicle docking and 
        automated docking of cargo vehicles or modules launched 
        by either heavy-lift or commercially-developed launch 
        vehicles;
          (5) support any diagnostic human research, on-orbit 
        characterization of molecular crystal growth, cellular 
        research, and other research that the Administration 
        believes is necessary to conduct, but for which the 
        Administration lacks the capacity to return the 
        materials that need to be analyzed to Earth; and
          (6) be operated at an appropriate risk level.
    (c) Contingencies.--
          (1) Policy.--The Administrator shall ensure that the 
        International Space Station can have available, if 
        needed, sufficient logistics and on-orbit capabilities 
        to support any potential period during which the space 
        shuttle or its follow-on crew and cargo systems are 
        unavailable, and can have available, if needed, 
        sufficient surge delivery capability or prepositioning 
        of spares and other supplies needed to accommodate any 
        such hiatus.
          (2) Plan.--Before making any change in the 
        International Space Station assembly sequence in effect 
        on December 30, 2005, the Administrator shall transmit 
        to the Committee on Science and Technology of the House 
        of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a plan to 
        carry out the policy described in paragraph (1).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3437.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70904................................  42 U.S.C. 16765.                   Pub. L. 109-155, title V, Sec.  505,
                                                                           Dec. 30, 2005, 119 Stat. 2929.
----------------------------------------------------------------------------------------------------------------

    In subsections (b)(3) and (c)(2), the words ``Committee on 
Science and Technology'' are substituted for ``Committee on 
Science'' on authority of Rule X(1)(o) of the Rules of the 
House of Representatives, adopted by House Resolution No. 6 
(110th Congress, January 5, 2007).
    In subsections (b)(3) and (c)(2), the date ``December 30, 
2005'' is substituted for ``the date of enactment of this Act'' 
to reflect the date of enactment of the National Aeronautics 
and Space Administration Authorization Act of 2005 (Public Law 
109-155, 119 Stat. 2895).
    In subsection (c)(2) the words ``Not later than 60 days 
after the date of enactment of this Act [December 30, 2005], 
and'' are omitted as obsolete.

                             CHANGE OF NAME

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

Sec. 70905. National laboratory designation

    (a) Definition of United States Segment of the 
International Space Station.--In this section the term ``United 
States segment of the International Space Station'' means those 
elements of the International Space Station manufactured--
          (1) by the United States; or
          (2) for the United States by other nations in 
        exchange for funds or launch services.
    (b) Designation.--To further the policy described in 
section 70501(a) of this title, the United States segment of 
the International Space Station is hereby designated a national 
laboratory.
    (c) Management.--
          (1) Partnerships.--The Administrator shall seek to 
        increase the utilization of the International Space 
        Station by other Federal entities and the private 
        sector through partnerships, cost-sharing agreements, 
        and other arrangements that would supplement 
        Administration funding of the International Space 
        Station.
          (2) Contracting.--The Administrator may enter into a 
        contract with a nongovernmental entity to operate the 
        International Space Station national laboratory, 
        subject to all applicable Federal laws and regulations.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3437.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70905(a).............................  42 U.S.C. 16767(d).                Pub. L. 109-155, title V, Sec.
                                                                           507(a), (b), (d), Dec. 30, 2005, 119
                                                                           Stat. 2930, 2931.
70905(b).............................  42 U.S.C. 16767(a).
70905(c).............................  42 U.S.C. 16767(b).
----------------------------------------------------------------------------------------------------------------

Sec. 70906. International Space Station National Laboratory Advisory 
                    Committee

    (a) Establishment.--Not later than one year after October 
15, 2008, the Administrator shall establish under the Federal 
Advisory Committee Act a committee to be known as the 
``International Space Station National Laboratory Advisory 
Committee'' (hereafter in this section referred to as the 
``Committee'').
    (b) Membership.--
          (1) Composition.--The Committee shall be composed of 
        individuals representing organizations that have formal 
        agreements with the Administration to utilize the 
        United States portion of the International Space 
        Station, including allocations within partner elements.
          (2) Chair.--The Administrator shall appoint a chair 
        from among the members of the Committee, who shall 
        serve for a 2-year term.
    (c) Duties of the Committee.--
          (1) In general.--The Committee shall monitor, assess, 
        and make recommendations regarding effective 
        utilization of the International Space Station as a 
        national laboratory and platform for research.
          (2) Annual report.--The Committee shall submit to the 
        Administrator, on an annual basis or more frequently as 
        considered necessary by a majority of the members of 
        the Committee, a report containing the assessments and 
        recommendations required by paragraph (1).
          (d) Duration.--The Committee shall exist for the life 
        of the International Space Station.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3438.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70906................................  42 U.S.C. 17752.                   Pub. L. 110-422, title VI, Sec.  602,
                                                                           Oct. 15, 2008, 122 Stat. 4795.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the date ``October 15, 2008'' is 
substituted for ``the date of enactment of this Act'' to 
reflect the date of enactment of the National Aeronautics and 
Space Administration Authorization Act of 2008 (Public Law 110-
422, 122 Stat. 4779).

                           REFERENCES IN TEXT

    The Federal Advisory Committee Act, referred to in subsec. 
(a), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, which is 
set out in the Appendix to Title 5, Government Organization and 
Employees.

Sec. 70907. Maintaining use through at least 2024

    (a) Policy.--The Administrator shall take all necessary 
steps to ensure that the International Space Station remains a 
viable and productive facility capable of potential United 
States utilization through at least September 30, 2024.
    (b) NASA Actions.--In furtherance of the policy under 
subsection (a), the Administrator shall ensure, to the extent 
practicable, that the International Space Station, as a 
designated national laboratory--
          (1) remains viable as an element of overall 
        exploration and partnership strategies and approaches;
          (2) is considered for use by all NASA mission 
        directorates, as appropriate, for technically 
        appropriate scientific data gathering or technology 
        risk reduction demonstrations; and
          (3) remains an effective, functional vehicle 
        providing research and test bed capabilities for the 
        United States through at least September 30, 2024.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3438; Pub. 
L. 114-90, title I, Sec. 114(b)(4), Nov. 25, 2015, 129 Stat. 
716.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70907................................  42 U.S.C. 17751(a).                Pub. L. 110-422, title VI, Sec.
                                                                           601(a), Oct. 15, 2008. 122 Stat.
                                                                           4793.
----------------------------------------------------------------------------------------------------------------

                               AMENDMENTS

    2015--Pub. L. 114-90 amended section generally. Prior to 
amendment, section related to maintaining the International 
Space Station as a viable and productive facility capable of 
potential United States utilization through at least 2020.

                    CHAPTER 711--NEAR-EARTH OBJECTS

Sec.
71101. Reaffirmation of policy.
71102. Requests for information.
71103. Developing policy and recommending responsible Federal agency.
71104. Planetary radar.

             GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SURVEY

    Pub. L. 109-155, title III, Sec. 321, Dec. 30, 2005, 119 
Stat. 2922, as amended by Pub. L. 115-10, title V, Sec. 511, 
Mar. 21, 2017, 131 Stat. 51, provided that:
    ``(a) Short Title.--This section may be cited as the 
`George E. Brown, Jr. Near-Earth Object Survey Act'.
    ``(b) Findings.--The Congress makes the following findings:
          ``(1) Near-Earth objects pose a serious and credible 
        threat to humankind, as many scientists believe that a 
        major asteroid or comet was responsible for the mass 
        extinction of the majority of the Earth's species, 
        including the dinosaurs, nearly 65,000,000 years ago.
          ``(2) Similar objects have struck the Earth or passed 
        through the Earth's atmosphere several times in the 
        Earth's history and pose a similar threat in the 
        future.
          ``(3) Several such near-Earth objects have only been 
        discovered within days of the objects'' closest 
        approach to Earth, and recent discoveries of such large 
        objects indicate that many large near-Earth objects 
        remain undiscovered.
          ``(4) The efforts taken to date by NASA [National 
        Aeronautics and Space Administration] for detecting and 
        characterizing the hazards of near-Earth objects are 
        not sufficient to fully determine the threat posed by 
        such objects to cause widespread destruction and loss 
        of life.
    ``(c) Definitions.--For purposes of this section the term 
`near-Earth object' means an asteroid or comet with a 
perihelion distance of less than 1.3 Astronomical Units from 
the Sun.
    ``(d) Near-Earth Object Survey.--
          ``(1) Survey program.--The Administrator [of the 
        National Aeronautics and Space Administration] shall 
        plan, develop, and implement a Near-Earth Object Survey 
        program to detect, track, catalogue, and characterize 
        the physical characteristics of near-Earth objects 
        equal to or greater than 140 meters in diameter in 
        order to assess the threat of such near-Earth objects 
        to the Earth. It shall be the goal of the Survey 
        program to achieve 90 percent completion of its near-
        Earth object catalogue (based on statistically 
        predicted populations of near-Earth objects) within 15 
        years after the date of enactment of this Act [Dec. 30, 
        2005].
          ``(2) [Amended former section 2451 of Title 42, The 
        Public Health and Welfare.]
          ``(3) Fifth-year report.--The Administrator shall 
        transmit to the Congress, not later than February 28 of 
        the fifth year after the date of enactment of this Act, 
        a report that provides the following:
                  ``(A) A summary of all activities taken 
                pursuant to paragraph (1) since the date of 
                enactment of this Act.
                  ``(B) A summary of expenditures for all 
                activities pursuant to paragraph (1) since the 
                date of enactment of this Act.
          ``(4) Initial report.--The Administrator shall 
        transmit to Congress not later than 1 year after the 
        date of enactment of this Act an initial report that 
        provides the following:
                  ``(A) An analysis of possible alternatives 
                that NASA may employ to carry out the Survey 
                program, including ground-based and space-based 
                alternatives with technical descriptions.
                  ``(B) A recommended option and proposed 
                budget to carry out the Survey program pursuant 
                to the recommended option.
                  ``(C) Analysis of possible alternatives that 
                NASA could employ to divert an object on a 
                likely collision course with Earth.
    ``(e) Program Report.--The Director of the Office of 
Science and Technology Policy and the Administrator shall 
submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives, not 
later than 1 year after the date of enactment of the National 
Aeronautics and Space Administration Transition Authorization 
Act of 2017
    [Mar. 21, 2017], an initial report that provides--
          ``(1) recommendations for carrying out the Survey 
        program and an associated proposed budget;
          ``(2) an analysis of possible options that the 
        Administration could employ to divert an object on a 
        likely collision course with Earth; and
          ``(3) a description of the status of efforts to 
        coordinate and cooperate with other countries to 
        discover hazardous asteroids and comets, plan a 
        mitigation strategy, and implement that strategy in the 
        event of the discovery of an object on a likely 
        collision course with Earth.
    ``(f) Annual Reports.--After the initial report under 
subsection (e), the Administrator shall annually transmit to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science, Space, and Technology of 
the House of Representatives a report that includes--
          ``(1) a summary of all activities carried out under 
        subsection (d) since the date of enactment of the 
        National Aeronautics and Space Administration 
        Transition Authorization Act of 2017, including the 
        progress toward achieving 90 percent completion of the 
        survey described in subsection (d); and
          ``(2) a summary of expenditures for all activities 
        carried out under subsection (d) since the date of 
        enactment of the National Aeronautics and Space 
        Administration Transition Authorization Act of 2017.
    ``(g) Assessment.--The Administrator, in collaboration with 
other relevant Federal agencies, shall carry out a technical 
and scientific assessment of the capabilities and resources--
          ``(1) to accelerate the survey described in 
        subsection (d); and
          ``(2) to expand the Administration's Near-Earth 
        Object Program to include the detection, tracking, 
        cataloguing, and characterization of potentially 
        hazardous near-Earth objects less than 140 meters in 
        diameter.
    ``(h) Transmittal.--Not later than 270 days after the date 
of enactment of the National Aeronautics and Space 
Administration Transition Authorization Act of 2017, the 
Administrator shall transmit the results of the assessment 
under subsection (g) to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives.''

Sec. 71101. Reaffirmation of policy

    Congress reaffirms the policy set forth in section 20102(g) 
of this title (relating to surveying near-Earth asteroids and 
comets).

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3439.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
71101................................  42 U.S.C. 17791(a).                Pub. L. 110-422, title VIII, Sec.
                                                                           801(a), Oct. 15, 2008, 122 Stat.
                                                                           4803.
----------------------------------------------------------------------------------------------------------------

                                FINDINGS

    Pub. L. 110-422, title VIII, Sec. 802, Oct. 15, 2008, 122 
Stat. 4803, provided that: ``Congress makes the following 
findings:
          ``(1) Near-Earth objects pose a serious and credible 
        threat to humankind, as many scientists believe that a 
        major asteroid or comet was responsible for the mass 
        extinction of the majority of the Earth's species, 
        including the dinosaurs, nearly 65,000,000 years ago.
          ``(2) Several such near-Earth objects have only been 
        discovered within days of the objects'' closest 
        approach to Earth and recent discoveries of such large 
        objects indicate that many large near-Earth objects 
        remain undiscovered.
          ``(3) Asteroid and comet collisions rank as one of 
        the most costly natural disasters that can occur.
          ``(4) The time needed to eliminate or mitigate the 
        threat of a collision of a potentially hazardous near-
        Earth object with Earth is measured in decades.
          ``(5) Unlike earthquakes and hurricanes, asteroids 
        and comets can provide adequate collision information, 
        enabling the United States to include both asteroid-
        collision and comet-collision disaster recovery and 
        disaster avoidance in its public-safety structure.
          ``(6) Basic information is needed for technical and 
        policy decision-making for the United States to create 
        a comprehensive program in order to be ready to 
        eliminate and mitigate the serious and credible threats 
        to humankind posed by potentially hazardous near-Earth 
        asteroids and comets.
          ``(7) As a first step to eliminate and to mitigate 
        the risk of such collisions, situation and decision 
        analysis processes, as well as procedures and system 
        resources, must be in place well before a collision 
        threat becomes known.''

Sec. 71102. Requests for information

    The Administrator shall issue requests for information on--
          (1) a low-cost space mission with the purpose of 
        rendezvousing with, attaching a tracking device, and 
        characterizing the Apophis asteroid; and
          (2) a medium-sized space mission with the purpose of 
        detecting near-Earth objects equal to or greater than 
        140 meters in diameter.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3439.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
71102................................  42 U.S.C. 17793.                   Pub. L. 110-422, title VIII, Sec.
                                                                           803, Oct. 15, 2008, 122 Stat. 4803.
----------------------------------------------------------------------------------------------------------------

Sec. 71103. Developing policy and recommending responsible Federal 
                    agency

    Within 2 years after October 15, 2008, the Director of the 
Office of Science and Technology Policy shall--
          (1) develop a policy for notifying Federal agencies 
        and relevant emergency response institutions of an 
        impending near-Earth object threat, if near-term public 
        safety is at risk; and
          (2) recommend a Federal agency or agencies to be 
        responsible for--
                  (A) protecting the United States from a near-
                Earth object that is expected to collide with 
                Earth; and
                  (B) implementing a deflection campaign, in 
                consultation with international bodies, should 
                one be necessary.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3439.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
71103................................  42 U.S.C. 17794.                   Pub. L. 110-422, title VIII, Sec.
                                                                           804, Oct. 15, 2008, 122 Stat. 4804.
----------------------------------------------------------------------------------------------------------------

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

Sec. 71104. Planetary radar

    The Administrator shall maintain a planetary radar that is 
comparable to the capability provided through the Deep Space 
Network Goldstone facility of the Administration.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3439.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
71104................................  42 U.S.C. 17795.                   Pub. L. 110-422, title VIII, Sec.
                                                                           805, Oct. 15, 2008, 122 Stat. 4804.
----------------------------------------------------------------------------------------------------------------

     CHAPTER 713--COOPERATION FOR SAFETY AMONG SPACEFARING NATIONS

Sec.
71301. Common docking system standard to enable rescue.
71302. Information sharing to avoid physical or radio-frequency 
          interference.

Sec. 71301. Common docking system standard to enable rescue

    In order to maximize the ability to rescue astronauts whose 
space vehicles have become disabled, the Administrator shall 
enter into discussions with the appropriate representatives of 
spacefaring nations who have or plan to have crew 
transportation systems capable of orbital flight or flight 
beyond low Earth orbit for the purpose of agreeing on a common 
docking system standard.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3439.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
71301................................  42 U.S.C. 17734.                   Pub. L. 110-422, title IV, Sec.  407,
                                                                           Oct. 15, 2008, 122 Stat. 4790.
----------------------------------------------------------------------------------------------------------------

Sec. 71302. Information sharing to avoid physical or radio-frequency 
                    interference

    The Administrator shall, in consultation with other 
agencies of the Federal Government as the Administrator 
considers appropriate, initiate discussions with the 
appropriate representatives of spacefaring nations to determine 
an appropriate frame-work under which information intended to 
promote safe access into outer space, operations in outer 
space, and return from outer space to Earth free from physical 
or radio-frequency interference can be shared among the 
nations.

(Pub. L. 111-314, Sec. 3, Dec. 18, 2010, 124 Stat. 3440.)

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
71302................................  42 U.S.C. 17821(b).                Pub. L. 110-422, title XI, Sec.
                                                                           1102(b), Oct. 15, 2008, 122 Stat.
                                                                           4808.
----------------------------------------------------------------------------------------------------------------

                                FINDING

    Pub. L. 110-422, title XI, Sec. 1102(a), Oct. 15, 2008, 122 
Stat. 4808, provided that: ``Congress finds that as more 
countries acquire the capability for launching payloads into 
outer space, there is an increasing need for a framework under 
which information intended to promote safe access into outer 
space, operations in outer space, and return from outer space 
to Earth free from physical or radio-frequency interference can 
be shared among those countries.''

   SPACE POLICY DIRECTIVE-3. NATIONAL SPACE TRAFFIC MANAGEMENT POLICY

    Space Policy Directive-3, June 18, 2018, 83 F.R. 28969, 
provided:
    Memorandum for the Vice President[,] the Secretary of 
State[,] the Secretary of Defense[,] the Secretary of 
Commerce[,] the Secretary of Transportation[,] the Secretary of 
Homeland Security[,] the Director of National Intelligence[,] 
the Director of the Office of Management and Budget[,] the 
Assistant to the President for National Security Affairs[,] the 
Administrator of the National Aeronautics and Space 
Administration[,] the Director of the Office of Science and 
Technology Policy[,] the Deputy Assistant to the President for 
Homeland Security and Counterterrorism[, and] the Chairman of 
the Joint Chiefs of Staff.
    SECTION 1. Policy. For decades, the United States has 
effectively reaped the benefits of operating in space to 
enhance our national security, civil, and commercial sectors. 
Our society now depends on space technologies and space-based 
capabilities for communications, navigation, weather 
forecasting, and much more. Given the significance of space 
activities, the United States considers the continued 
unfettered access to and freedom to operate in space of vital 
interest to advance the security, economic prosperity, and 
scientific knowledge of the Nation.
    Today, space is becoming increasingly congested and 
contested, and that trend presents challenges for the safety, 
stability, and sustainability of U.S. space operations. 
Already, the Department of Defense (DoD) tracks over 20,000 
objects in space, and that number will increase dramatically as 
new, more capable sensors come online and are able to detect 
smaller objects. DoD publishes a catalog of space objects and 
makes notifications of potential conjunctions (that is, two or 
more objects coming together at the same or nearly the same 
point in time and space). As the number of space objects 
increases, however, this limited traffic management activity 
and architecture will become inadequate. At the same time, the 
contested nature of space is increasing the demand for DoD 
focus on protecting and defending U.S. space assets and 
interests.
    The future space operating environment will also be shaped 
by a significant increase in the volume and diversity of 
commercial activity in space. Emerging commercial ventures such 
as satellite servicing, debris removal, in-space manufacturing, 
and tourism, as well as new technologies enabling small 
satellites and very large constellations of satellites, are 
increasingly outpacing efforts to develop and implement 
government policies and processes to address these new 
activities.
    To maintain U.S. leadership in space, we must develop a new 
approach to space traffic management (STM) that addresses 
current and future operational risks. This new approach must 
set priorities for space situational awareness (SSA) and STM 
innovation in science and technology (S&T), incorporate 
national security considerations, encourage growth of the U.S. 
commercial space sector, establish an updated STM architecture, 
and promote space safety standards and best practices across 
the international community.
    The United States recognizes that spaceflight safety is a 
global challenge and will continue to encourage safe and 
responsible behavior in space while emphasizing the need for 
international transparency and STM data sharing. Through this 
national policy for STM and other national space strategies and 
policies, the United States will enhance safety and ensure 
continued leadership, preeminence, and freedom of action in 
space.
    SEC. 2. Definitions. For the purposes of this memorandum, 
the following definitions shall apply:
    (a) Space Situational Awareness shall mean the knowledge 
and characterization of space objects and their operational 
environment to support safe, stable, and sustainable space 
activities.
    (b) Space Traffic Management shall mean the planning, 
coordination, and on-orbit synchronization of activities to 
enhance the safety, stability, and sustainability of operations 
in the space environment.
    (c) Orbital debris, or space debris, shall mean any human-
made space object orbiting Earth that no longer serves any 
useful purpose.
    SEC. 3. Principles. The United States recognizes, and 
encourages other nations to recognize, the following 
principles:
    (a) Safety, stability, and operational sustainability are 
foundational to space activities, including commercial, civil, 
and national security activities. It is a shared interest and 
responsibility of all spacefaring nations to create the 
conditions for a safe, stable, and operationally sustainable 
space environment.
    (b) Timely and actionable SSA data and STM services are 
essential to space activities. Consistent with national 
security constraints, basic U.S. Government-derived SSA data 
and basic STM services should be available free of direct user 
fees.
    (c) Orbital debris presents a growing threat to space 
operations. Debris mitigation guidelines, standards, and 
policies should be revised periodically, enforced domestically, 
and adopted internationally to mitigate the operational effects 
of orbital debris.
    (d) A STM framework consisting of best practices, technical 
guidelines, safety standards, behavioral norms,pre-launch risk 
assessments, and on-orbit collision avoidance services is 
essential to preserve the space operational environment.
    SEC. 4. Goals. Consistent with the principles listed in 
section 3 of this memorandum, the United States should continue 
to lead the world in creating the conditions for a safe, 
stable, and operationally sustainable space environment. Toward 
this end, executive departments and agencies (agencies) shall 
pursue the following goals as required in section 6 of this 
memorandum:
    (a) Advance SSA and STM Science and Technology. The United 
States should continue to engage in and enable S&T research and 
development to support the practical applications of SSA and 
STM. These activities include improving fundamental knowledge 
of the space environment, such as the characterization of small 
debris, advancing the S&T of critical SSA inputs such as 
observational data, algorithms, and models necessary to improve 
SSA capabilities, and developing new hardware and software to 
support data processing and observations.
    (b) Mitigate the effect of orbital debris on space 
activities. The volume and location of orbital debris are 
growing threats to space activities. It is in the interest of 
all to minimize new debris and mitigate effects of existing 
debris. This fact, along with increasing numbers of active 
satellites, highlights the need to update existing orbital 
debris mitigation guidelines and practices to enable more 
efficient and effective compliance, and establish standards 
that can be adopted internationally. These trends also 
highlight the need to establish satellite safety design 
guidelines and best practices.
    (c) Encourage and facilitate U.S. commercial leadership in 
S&T, SSA, and STM. Fostering continued growth and innovation in 
the U.S. commercial space sector, which includes S&T, SSA, and 
STM activities, is in the national interest of the United 
States. To achieve this goal, the U.S. Government should 
streamline processes and reduce regulatory burdens that could 
inhibit commercial sector growth and innovation, enabling the 
U.S. commercial sector to continue to lead the world in STM-
related technologies, goods, data, and services on the 
international market.
    (d) Provide U.S. Government-supported basic SSA data and 
basic STM services to the public. The United States should 
continue to make available basic SSA data and basic STM 
services (including conjunction and reentry notifications) free 
of direct user fees while supporting new opportunities for U.S. 
commercial and non-profit SSA data and STM services.
    (e) Improve SSA data interoperability and enable greater 
SSA data sharing. SSA data must be timely and accurate. It is 
in the national interest of the United States to improve SSA 
data interoperability and enable greater SSA data sharing among 
all space operators, consistent with national security 
constraints. The United States should seek to lead the world in 
the development of improved SSA data standards and information 
sharing.
    (f) Develop STM standards and best practices. As the leader 
in space, the United States supports the development of 
operational standards and best practices to promote safe and 
responsible behavior in space. A critical first step in 
carrying out that goal is to develop U.S.-led minimum safety 
standards and best practices to coordinate space traffic. U.S. 
regulatory agencies should, as appropriate, adopt these 
standards and best practices in domestic regulatory frameworks 
and use them to inform and help shape international consensus 
practices and standards.
    (g) Prevent unintentional radio frequency (RF) 
interference. Growing orbital congestion is increasing the risk 
to U.S. space assets from unintentional RF interference. The 
United States should continue to improve policies, processes, 
and technologies for spectrum use (including allocations and 
licensing) to address these challenges and ensure appropriate 
spectrum use for current and future operations.
    (h) Improve the U.S. domestic space object registry. 
Transparency and data sharing are essential to safe, stable, 
and sustainable space operations. Consistent with national 
security constraints, the United States should streamline the 
interagency process to ensure accurate and timely registration 
submissions to the United Nations (UN), in accordance with our 
international obligations under the Convention on Registration 
of Objects Launched into Outer Space.
    (i) Develop policies and regulations for future U.S. 
orbital operations. Increasing congestion in key orbits and 
maneuver-based missions such as servicing, survey, and assembly 
will drive the need for policy development for national 
security, civil, and commercial sector space activities. 
Consistent with U.S. law and international obligations, the 
United States should regularly assess existing guidelines for 
non-government orbital activities, and maintain a timely and 
responsive regulatory environment for licensing these 
activities.
    SEC. 5. Guidelines. In pursuit of the principles and goals 
of this policy, agencies should observe the following 
guidelines:
    (a) Managing the Integrity of the Space Operating 
Environment.
    (i) Improving SSA coverage and accuracy. Timely, accurate, 
and actionable data are essential for effective SSA and STM. 
The United States should seek to minimize deficiencies in SSA 
capability, particularly coverage in regions with limited 
sensor availability and sensitivity in detection of small 
debris, through SSA data sharing, the purchase of SSA data, or 
the provision of new sensors.
    New U.S. sensors are expected to reveal a substantially 
greater volume of debris and improve our understanding of space 
object size distributions in various regions of space. However, 
very small debris may not be sufficiently tracked to enable or 
justify actionable collision avoidance decisions. As a result, 
close conjunctions and even collisions with unknown objects are 
possible, and satellite operators often lack sufficient insight 
to assess their level of risk when making maneuvering 
decisions. The United States should develop better tracking 
capabilities, and new means to catalog such debris, and 
establish a quality threshold for actionable collision 
avoidance warning to minimize false alarms.
    Through both Government and commercial sector S&T 
investment, the United States should advance concepts and 
capabilities to improve SSA in support of debris mitigation and 
collision avoidance decisions.
    (ii) Establishing an Open Architecture SSA Data Repository. 
Accurate and timely tracking of objects orbiting Earth is 
essential to preserving the safety of space activities for all. 
Consistent with section 2274 of title 10, United States Code, a 
basic level of SSA data in the form of the publicly releasable 
portion of the DoD catalog is and should continue to be 
provided free of direct user fees. As additional sources of 
space tracking data become available, the United States has the 
opportunity to incorporate civil, commercial, international, 
and other available data to allow users to enhance and refine 
this service. To facilitate greater data sharing with satellite 
operators and enable the commercial development of enhanced 
space safety services, the United States must develop the 
standards and protocols for creation of an open architecture 
data repository. The essential features of this repository 
would include:
     Data integrity measures to ensure data accuracy 
and availability;
     Data standards to ensure sufficient quality from 
diverse sources;
     Measures to safeguard proprietary or sensitive 
data, including national security information;
     The inclusion of satellite owner-operator 
ephemerides to inform orbital location and planned maneuvers; 
and
     Standardized formats to enable development of 
applications to leverage the data.
    To facilitate this enhanced data sharing, and in 
recognition of the need for DoD to focus on maintaining access 
to and freedom of action in space, a civil agency should, 
consistent with applicable law, be responsible for the publicly 
releasable portion of the DoD catalog and for administering an 
open architecture data repository. The Department of Commerce 
should be that civil agency.
    (iii) Mitigating Orbital Debris. It is in the interest of 
all space operators to minimize the creation of new orbital 
debris. Rapid international expansion of space operations and 
greater diversity of missions have rendered the current U.S. 
Government Orbital Debris Mitigation Standard Practices (ODMSP) 
inadequate to control the growth of orbital debris. These 
standard practices should be updated to address current and 
future space operating environments. The United States should 
develop a new protocol of standard practices to set broader 
expectations of safe space operations in the 21st century. This 
protocol should begin with updated ODMSP, but also incorporate 
sections to address operating practices for large 
constellations, rendezvous and proximity operations, small 
satellites, and other classes of space operations. These 
overarching practices will provide an avenue to promote 
efficient and effective space safety practices with U.S. 
industry and internationally.
    The United States should pursue active debris removal as a 
necessary long-term approach to ensure the safety of flight 
operations in key orbital regimes. This effort should not 
detract from continuing to advance international protocols for 
debris mitigation associated with current programs.
    (b) Operating in a Congested Space Environment.
    (i) Minimum Safety Standards and Best Practices. The 
creation of minimum standards for safe operation and debris 
mitigation derived in part from the U.S. Government ODMSP, but 
incorporating other standards and best practices, will best 
ensure the safe operation of U.S. space activities. These 
safety guidelines should consider maneuverability, tracking, 
reliability, and disposal.
    The United States should eventually incorporate appropriate 
standards and best practices into Federal law and regulation 
through appropriate rulemaking or licensing actions. These 
guidelines should encompass protocols for all stages of 
satellite operation from design through end-of-life.
    Satellite and constellation owners should participate in a 
pre-launch certification process that should, at a minimum, 
consider the following factors:
     Coordination of orbit utilization to prevent 
conjunctions;
     Constellation owner-operators' management of self-
conjunctions;
     Owner-operator notification of planned maneuvers 
and sharing of satellite orbital location data;
     On-orbit tracking aids, including beacons or 
sensing enhancements, if such systems are needed;
     Encryption of satellite command and control links 
and data protection measures for ground site operations;
     Appropriate minimum reliability based on type of 
mission and phase of operations;
     Effect on the national security or foreign policy 
interests of the United States, or international obligations; 
and
     Self-disposal upon the conclusion of operational 
lifetime, or owner-operator provision for disposal using active 
debris removal methods.
    (ii) On-Orbit Collision Avoidance Support Service. Timely 
warning of potential collisions is essential to preserving the 
safety of space activities for all. Basic collision avoidance 
information services are and should continue to be provided 
free of direct user fees. The imminent activation of more 
sensitive tracking sensors is expected to reveal a 
significantly greater population of the existing orbital debris 
background as well as provide an improved ability to track 
currently catalogued objects. Current and future satellites, 
including large constellations of satellites, will operate in a 
debris environment much denser than presently tracked. 
Preventing on-orbit collisions in this environment requires an 
information service that shares catalog data, predicts close 
approaches, and provides actionable warnings to satellite 
operators. The service should provide data to allow operators 
to assess proposed maneuvers to reduce risk. To provide on-
orbit collision avoidance, the United States should:
     Provide services based on a continuously updated 
catalog of satellite tracking data;
     Utilize automated processes for collision 
avoidance;
     Provide actionable and timely conjunction 
assessments; and
     Provide data to operators to enable assessment of 
maneuver plans.
    To ensure safe coordination of space traffic in this future 
operating environment, and in recognition of the need for DoD 
to focus on maintaining access to and freedom of action in 
space, a civil agency should be the focal point for this 
collision avoidance support service. The Department of Commerce 
should be that civil agency.
    (c) Strategies for Space Traffic Management in a Global 
Context.
    (i) Protocols to Prevent Orbital Conjunctions. As increased 
satellite operations make lower Earth orbits more congested, 
the United States should develop a set of standard techniques 
for mitigating the collision risk of increasingly congested 
orbits, particularly for large constellations. Appropriate 
methods, which may include licensing assigned volumes for 
constellation operation and establishing processes for 
satellites passing through the volumes, are needed. The United 
States should explore strategies that will lead to the 
establishment of common global best practices, including:
     A common process addressing the volume of space 
used by a large constellation, particularly in close proximity 
to an existing constellation;
     A common process by which individual spacecraft 
may transit volumes used by existing satellites or 
constellations; and
     A set of best practices for the owner-operators of 
utilized volumes to minimize the long-term effects of 
constellation operations on the space environment (including 
the proper disposal of satellites, reliability standards, and 
effective collision avoidance).
    (ii) Radio Frequency Spectrum and Interference Protection. 
Space traffic and RF spectrum use have traditionally been 
independently managed processes. Increased congestion in key 
orbital regimes creates a need for improved and increasingly 
dynamic methods to coordinate activities in both the physical 
and spectral domains, and may introduce new interdependencies. 
U.S. Government efforts in STM should address the following 
spectrum management considerations:
     Where appropriate, verify consistency between 
policy and existing national and international regulations and 
goals regarding global access to, and operation in, the RF 
spectrum for space services;
     Investigate the advantages of addressing spectrum 
in conjunction with the development of STM systems, standards, 
and best practices;
     Promote flexible spectrum use and investigate 
emerging technologies for potential use by space systems; and
     Ensure spectrum-dependent STM components, such as 
inter-satellite safety communications and active debris removal 
systems, can successfully access the required spectrum 
necessary to their missions.
    (iii) Global Engagement. In its role as a major spacefaring 
nation, the United States should continue to develop and 
promote a range of norms of behavior, best practices, and 
standards for safe operations in space to minimize the space 
debris environment and promote data sharing and coordination of 
space activities. It is essential that other spacefaring 
nations also adopt best practices for the common good of all 
spacefaring states. The United States should encourage the 
adoption of new norms of behavior and best practices for space 
operations by the international community through bilateral and 
multilateral discussions with other spacefaring nations, and 
through U.S. participation in various organizations such as the 
Inter-Agency Space Debris Coordination Committee, International 
Standards Organization, Consultative Committee for Space Data 
Systems, and UN Committee on the Peaceful Uses of Outer Space.
    SEC. 6. Roles and Responsibilities. In furtherance of the 
goals described in section 4 and the guidelines described in 
section 5 of this memorandum, agencies shall carry out the 
following roles and responsibilities:
    (a) Advance SSA and STM S&T. Members of the National Space 
Council, or their delegees, shall coordinate, prioritize, and 
advocate for S&T, SSA, and STM, as appropriate, as it relates 
to their respective missions. They should seek opportunities to 
engage with the commercial sector and academia in pursuit of 
this goal.
    (b) Mitigate the Effect of Orbital Debris on Space 
Activities.
    (i) The Administrator of the National Aeronautics and Space 
Administration (NASA Administrator), incoordination with the 
Secretaries of State, Defense, Commerce, and Transportation, 
and the Director of National Intelligence, and in consultation 
with the Chairman of the Federal Communications Commission 
(FCC), shall lead efforts to update the U.S. Orbital Debris 
Mitigation Standard Practices and establish new guidelines for 
satellite design and operation, as appropriate and consistent 
with applicable law.
    (ii) The Secretaries of Commerce and Transportation, in 
consultation with the Chairman of the FCC, will assess the 
suitability of incorporating these updated standards and best 
practices into their respective licensing processes, as 
appropriate and consistent with applicable law.
    (c) Encourage and Facilitate U.S. Commercial Leadership in 
S&T, SSA, and STM. The Secretary of Commerce, in coordination 
with the Secretaries of Defense and Transportation, and the 
NASA Administrator, shall lead efforts to encourage and 
facilitate continued U.S. commercial leadership in SSA, STM, 
and related S&T.
    (d) Provide U.S. Government-Derived Basic SSA Data and 
Basic STM Services to the Public.
    (i) The Secretaries of Defense and Commerce, in 
coordination with the Secretaries of State and Transportation, 
the NASA Administrator, and the Director of National 
Intelligence, should cooperatively develop a plan for providing 
basic SSA data and basic STM services either directly or 
through a partnership with industry or academia, consistent 
with the guidelines of sections 5(a)(ii) and 5(b)(ii) of this 
memorandum.
    (ii) The Secretary of Defense shall maintain the 
authoritative catalog of space objects.
    (iii) The Secretaries of Defense and Commerce shall assess 
whether statutory and regulatory changes are necessary to 
effect the plan developed under subsection (d)(i) of this 
section, and shall pursue such changes, along with any other 
needed changes, as appropriate.
    (e) Improve SSA Data Interoperability and Enable Greater 
SSA Data Sharing.
    (i) The Secretary of Commerce, in coordination with the 
Secretaries of State, Defense, and Transportation, the NASA 
Administrator, and the Director of National Intelligence, shall 
develop standards and protocols for creation of an open 
architecture data repository to improve SSA data 
interoperability and enable greater SSA data sharing.
    (ii) The Secretary of Commerce shall develop options, 
either in-house or through partnerships with industry or 
academia, assessing both the technical and economic feasibility 
of establishing such a repository.
    (iii) The Secretary of Defense shall ensure that release of 
data regarding national security activities to any person or 
entity with access to the repository is consistent with 
national security interests.
    (f) Develop Space Traffic Standards and Best Practices. The 
Secretaries of Defense, Commerce, and Transportation, in 
coordination with the Secretary of State, the NASA 
Administrator, and the Director of National Intelligence, and 
in consultation with the Chairman of the FCC, shall develop 
space traffic standards and best practices, including technical 
guidelines, minimum safety standards, behavioral norms, and 
orbital conjunction prevention protocols related to pre-launch 
risk assessment and on-orbit collision avoidance support 
services.
    (g) Prevent Unintentional Radio Frequency Interference. The 
Secretaries of Commerce and Transportation, in coordination 
with the Secretaries of State and Defense, the NASA 
Administrator, and the Director of National Intelligence, and 
in consultation with the Chairman of the FCC, shall coordinate 
to mitigate the risk of harmful interference and promptly 
address any harmful interference that may occur.
    (h) Improve the U.S. Domestic Space Object Registry. The 
Secretary of State, in coordination with the Secretaries of 
Defense, Commerce, and Transportation, the NASA Administrator, 
and the Director of National Intelligence, and in consultation 
with the Chairman of the FCC, shall lead U.S. Government 
efforts on international engagement related to international 
transparency and space object registry on SSA and STM issues.
    (i) Develop Policies and Regulations for Future U.S. 
Orbital Operations. The Secretaries of Defense, Commerce, and 
Transportation, in coordination with the Secretary of State, 
the NASA Administrator, and the Director of National 
Intelligence, shall regularly evaluate emerging trends in space 
missions to recommend revisions, as appropriate and necessary, 
to existing SSA and STM policies and regulations.
    SEC. 7. General Provisions.
    (a) Nothing in this memorandum shall be construed to impair 
or otherwise affect:
    (i) the authority granted by law to an executive department 
or agency, or the head thereof; or
    (ii) the functions of the Director of the Office of 
Management and Budget relating to budgetary, administrative, or 
legislative proposals.
    (b) This memorandum shall be implemented consistent with 
applicable law and subject to the availability of 
appropriations.
    (c) This memorandum is not intended to, and does not, 
create any right or benefit, substantive or procedural, 
enforceable at law or in equity by any party against the United 
States, its departments, agencies, or entities, its officers, 
employees, or agents, or any other person.
    (d) The Secretary of Commerce is authorized and directed to 
publish this memorandum in the Federal Register.

                                                   Donald J. Trump.

=======================================================================


                               SECTION 2

                      TITLE 42 UNITED STATES CODE

=======================================================================


       42 USC Ch. 159: SPACE EXPLORATION, TECHNOLOGY, AND SCIENCE

              From Title 42--THE PUBLIC HEALTH AND WELFARE

CHAPTER 159 OF TITLE 42, U.S.C

CHAPTER 159 OF TITLE 42, U.S.C

         CHAPTER 159--SPACE EXPLORATION, TECHNOLOGY, AND SCIENCE

Sec.
18301. Findings.
18302. Definitions.

 Subchapter I--Policy, Goals, and Objectives for Human Space Flight and 
                               Exploration

18311. United States human space flight policy.
18312. Goals and objectives.
18313. Assurance of core capabilities.

Subchapter II--Expansion of Human Space Flight Beyond the International 
                    Space Station and Low-Earth Orbit

18321. Human space flight beyond low-Earth orbit.
18322. Space Launch System as follow-on launch vehicle to the Space 
          Shuttle.
18323. Multi-purpose crew vehicle.
18324. Utilization of existing workforce and assets in development of 
          Space Launch System and multipurpose crew vehicle.
18325. NASA launch support and infrastructure modernization program.
18326. Development of technologies and in-space capabilities for beyond 
          near-Earth space missions.
18327. Report requirement.

    Subchapter III--Development and Use of Commercial Crew and Cargo 
                       Transportation Capabilities

18341. Commercial Cargo Development program.
18342. Requirements applicable to development of commercial crew 
          transportation capabilities and services.

Subchapter IV--Continuation, Support, and Evolution of the International 
                              Space Station

18351. Continuation of the International Space Station.
18352. Maximum utilization of the International Space Station.
18353. Maintenance of the United States segment and assurance of 
          continued operations of the International Space Station.
18354. Management of the ISS national laboratory.

          Subchapter V--Space Shuttle Retirement and Transition

18361. Sense of Congress on the Space Shuttle program.
18362. Retirement of Space Shuttle orbiters and transition of Space 
          Shuttle program.
18363. Disposition of orbiter vehicles.

                      Subchapter VI--Earth Science

18371. Interagency collaboration implementation approach.
18372. Transitioning experimental research to operations.
18373. Decadal Survey missions implementation for Earth observation.
18374. Instrument test-beds and venture class missions.

                      Subchapter VII--Space Science

18381. Technology development.
18382. Suborbital research activities.
18383. In-space servicing.
18384. Decadal results.
18385. On-going restoration of radioisotope thermoelectric generator 
          material production.
18386. Collaboration with ESMD and SOMD on robotic missions.
18387. Near-Earth object survey and policy with respect to threats 
          posed.
18388. Space weather.

            Subchapter VIII--Aeronautics and Space Technology

18401. Aeronautics research goals.
18402. Research collaboration.
18403. Goal for Agency space technology.
18404. National space technology policy.
18405. Commercial Reusable Suborbital Research Program.

                        Subchapter IX--Education

18421. Study of potential commercial orbital platform program impact on 
          science, technology, engineering, and mathematics.

  Subchapter X--Re-Scoping and Revitalizing Institutional Capabilities

18431. Workforce stabilization and critical skills preservation.

                      Subchapter XI--Other Matters

18441. National and international orbital debris mitigation. 18442. 
          Reports on program and cost assessment and control assessment.
18443. Eligibility for service of individual currently serving as 
          Administrator of NASA.
18444. Counterfeit parts.
18445. Information security.

Sec. 18301. Findings

    Congress makes the following findings:
          (1) The United States human space flight program has, 
        since the first Mercury flight on May 5, 1961, been a 
        source of pride and inspiration for the Nation.
          (2) The establishment of and commitment to human 
        exploration goals is essential for providing the 
        necessary long term focus and programmatic consistency 
        and robustness of the United States civilian space 
        program.
          (3) The National Aeronautics and Space Administration 
        is and should remain a multi-mission agency with a 
        balanced and robust set of core missions in science, 
        aeronautics, and human space flight and exploration.
          (4) In the 50 years since the establishment of NASA, 
        the arena of space has evolved substantially. As the 
        uses and users of space continue to expand, the issues 
        and operations in the regions closest to Earth have 
        become increasingly complex, with a growing number of 
        overlaps between civil, commercial and national 
        security activities.
    These developments present opportunities and challenges to 
the space activities of NASA and the United States.
          (5) The extraordinary challenges of achieving access 
        to space both motivated and accelerated the development 
        of technologies and industrial capabilities that have 
        had widespread applications which have contributed to 
        the technological excellence of the United States. It 
        is essential to tie space activity to human challenges 
        ranging from enhancing the influence, relationships, 
        security, economic development, and commerce of the 
        United States to improving the overall human condition.
          (6) It is essential to the economic well-being of the 
        United States that the aerospace industrial capacity, 
        highly skilled workforce, and embedded expertise remain 
        engaged in demanding, challenging, and exciting efforts 
        that ensure United States leadership in space 
        exploration and related activities.
          (7) Crewmembers provide the essential component to 
        ensure the return on investment from and the growth and 
        safe operation of the ISS. The Russian Soyuz vehicle 
        has allowed continued human presence on the ISS for 
        United States crewmembers with its ability to serve as 
        both a routine and backup capability for crew delivery, 
        rescue, and return. With the impending retirement of 
        the Space Shuttle, the United States will find itself 
        with no national crew delivery and return system. 
        Without any other system, the United States and all the 
        ISS partners will have no redundant system for human 
        access to and from the ISS. It is therefore essential 
        that a United States capability be developed as soon as 
        possible.
          (8) Existing and emerging United States commercial 
        launch capabilities and emerging launch capabilities 
        offer the potential for providing crew support assets. 
        New capabilities for human crew access to the ISS 
        should be developed in a manner that ensures ISS 
        mission assurance and safety. Commercial services offer 
        the potential to broaden the availability and access to 
        space at lower costs.
          (9) While commercial transportation systems have the 
        promise to contribute valuable services, it is in the 
        United States national interest to maintain a 
        government operated space transportation system for 
        crew and cargo delivery to space.
          (10) Congress restates its commitment, expressed in 
        the National Aeronautics and Space Administration 
        Authorization Act of 2005 (Public Law 109-155) and the 
        National Aeronautics and Space Administration 
        Authorization Act of 2008 (Public Law 110-422), to the 
        development of commercially developed launch and 
        delivery systems to the ISS for crew and cargo 
        missions. Congress reaffirms that NASA shall make use 
        of United States commercially provided ISS crew 
        transfer and crew rescue services to the maximum extent 
        practicable.
          (11) It is critical to identify an appropriate 
        combination of NASA and related United States 
        Government programs, while providing a framework that 
        allows partnering, leveraging and stimulation of the 
        existing and emerging commercial and international 
        efforts in both near Earth space and the regions 
        beyond.
          (12) The designation of the United States segment of 
        the ISS as a National Laboratory, as provided by the 
        National Aeronautics and Space Administration 
        Authorization Act of 2005 1 and the National 
        Aeronautics and Space Administration Authorization Act 
        of 2008,1 provides an opportunity for multiple United 
        States Government agencies, university-based 
        researchers, research organizations, and others to 
        utilize the unique environment of microgravity for 
        fundamental scientific research and potential economic 
        development.
          (13) For some potential replacement elements 
        necessary for ISS sustainability, the Space Shuttle may 
        represent the only vehicle, existing or planned, 
        capable of carrying those elements to the ISS in the 
        near term. Additional or alternative transportation 
        capabilities must be identified as contingency delivery 
        options, and accompanied by an independent analysis of 
        projected availability of such capabilities.
          (14) The United States must develop, as rapidly as 
        possible, replacement vehicles capable of providing 
        both human and cargo launch capability to low-Earth 
        orbit and to destinations beyond low-Earth orbit.
          (15) There is a need for national space and export 
        control policies that protect the national security of 
        the United States while also enabling the United States 
        and its aerospace industry to undertake cooperative 
        programs in science and human space flight in an 
        effective and efficient manner and to compete 
        effectively in the global market place.

(Pub. L. 111-267, Sec. 2, Oct. 11, 2010, 124 Stat. 2807.)

                           REFERENCES IN TEXT

    The National Aeronautics and Space Administration 
Authorization Act of 2005, referred to in pars. (10) and (12), 
is Pub. L. 109-155, Dec. 30, 2005, 119 Stat. 2895, which was 
classified principally to chapter 150 (Sec. 16601 et seq.) of 
this title, and was substantially repealed and restated in 
chapters 305 (Sec. 30501 et seq.), 401 (Sec. 40101 et seq.), 
603 (Sec. 60301 et seq.) and 707 (Sec. 70701 et seq.) and 
sections 20301, 20302, 30103(a), (b), 30104, 30306, 30703, 
30704, 30902, 31301, 31501, 40701, 40904 to 40909, 50505, 
50116, 60505, 70501 to 70503, and 70902 to 70905 of Title 51, 
National and Commercial Space Programs, by Pub. L. 111-314, 
Sec. Sec. 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444. For 
complete classification of this Act to the Code, see Short 
Title of 2005 Act note set out under section 10101 of Title 51 
and Tables.
    The National Aeronautics and Space Administration 
Authorization Act of 2008, referred to in pars. (10) and (12), 
is Pub. L. 110-422, Oct. 15, 2r08, 122 Stat. 4779, which was 
classified principally to chapter 155 (Sec. 17701 et seq.) of 
this title, and was substantially repealed and restated as 
chapters 711 (Sec. 71101 et seq.) and 713 (Sec. 71301 et seq.) 
and sections 20305, 30305, 30310, 31302, 31502 to 31505, 40104, 
40311, 40702 to 40704, 40903(d), 50111(b), 60501 to 60504, 
60506, 70504 to 70508, 70906, and 70907 of Title 51, National 
and Commercial Space Programs, by Pub. L. 111-314, Sec. Sec. 3, 
6, Dec. 18, 2010, 124 Stat. 3328, 3444. For complete 
classification of this Act to the Code, see Short Title of 2008 
Act note set out under section 10101 of Title 51 and Tables.

                              SHORT TITLE

    Pub. L. 111-267, Sec. 1(a), Oct. 11, 2010, 124 Stat. 2805, 
provided that: ``This Act [enacting this chapter] may be cited 
as the `National Aeronautics and Space Administration 
Authorization Act of 2010'.''

Sec. 18302. Definitions

    In this chapter:
         (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the National Aeronautics and Space 
        Administration.
         (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                 (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                 (B) the Committee on Science of the House of 
                Representatives.
         (3) Cis-lunar space.--The term ``cis-lunar space'' 
        means the region of space from the Earth out to and 
        including the region around the surface of the Moon.
         (4) Deep space.--The term ``deep space'' means the 
        region of space beyond cis-lunar space.
         (5) ISS.--The term ``ISS'' means the International 
        Space Station.
         (6) NASA.--The term ``NASA'' means the National 
        Aeronautics and Space Administration.
         (7) Near-earth space.--The term ``near-Earth space'' 
        means the region of space that includes low-Earth orbit 
        and extends out to and includes geo-synchronous orbit.
         (8) NOAA.--The term ``NOAA'' means the National 
        Oceanic and Atmospheric Administration.
         (9) OSTP.--The term ``OSTP'' means the Office of 
        Science and Technology Policy.
         (10) Space launch system.--The term ``Space Launch 
        System'' means the follow-on government-owned civil 
        launch system developed, managed, and operated by NASA 
        to serve as a key component to expand human presence 
        beyond low-Earth orbit.

(Pub. L. 111-267, Sec. 3, Oct. 11, 2010, 124 Stat. 2808.)

CHAPTER 159, SUBCHAPTER I OF TITLE 42, U.S.C.

CHAPTER 159, SUBCHAPTER I OF TITLE 42, U.S.C.

Subchapter I--Policy, Goals, and Objectives for Human Space Flight and 
                              Exploration

Sec. 18311. United States human space flight policy

    (a) Use of Non-United States Human Space Flight 
Transportation Services.--
          (1) In general.--The Federal Government may not 
        acquire human space flight transportation services from 
        a foreign entity unless--
                  (A) no United States Government-operated 
                human space flight capability is available;
                  (B) no United States commercial provider is 
                available; and
                  (C) it is a qualified foreign entity.
          (2) Definitions in this subsection:
                  (A) Commercial provider.--The term 
                ``commercial provider'' means any person 
                providing human space flight transportation 
                services, primary control of which is held by 
                persons other than the Federal Government, a 
                State or local government, or a foreign 
                government.
                  (B) Qualified foreign entity.--The term 
                ``qualified foreign entity'' means a foreign 
                entity that is in compliance with all 
                applicable safety standards and is not 
                prohibited from providing space transportation 
                services under other law.
                  (C) United states commercial provider.--The 
                term ``United States commercial provider'' 
                means a commercial provider, organized under 
                the laws of the United States or of a State, 
                that is more than 50 percent owned by United 
                States nationals.
          (3) Arrangements with foreign entities.--Nothing in 
        this subsection shall prevent the Administrator from 
        negotiating or entering into human space flight 
        transportation arrangements with foreign entities to 
        ensure safety of flight and continued ISS operations.
    (b) United States Human Space Flight Capabilities.--
Congress reaffirms the policy stated in section 70501(a) of 
title 51, that the United States shall maintain an 
uninterrupted capability for human space flight and operations 
in low-Earth orbit, and beyond, as an essential instrument of 
national security and of the capacity to ensure continued 
United States participation and leadership in the exploration 
and utilization of space.

(Pub. L. 111-267, title II, Sec. 201, Oct. 11, 2010, 124 Stat. 
2811; Pub. L. 115-10, title III, Sec. 302(d), Mar. 21, 2017, 
131 Stat. 25.)

                              CODIFICATION

    In subsec. (b), ``section 70501(a) of title 51'' 
substituted for ``section 501(a) of the National Aeronautics 
and Space Administration Authorization Act of 2005 (42 U.S.C. 
16761(a))'' on authority of Pub. L. 111-314, Sec. 5(e), Dec. 
18, 2010, 124 Stat. 3443, which Act enacted Title 51, National 
and Commercial Space Programs.

                               AMENDMENTS

    2017--Subsec. (a). Pub. L. 115-10 amended subsec. (a) 
generally. Prior to amendment, text read as follows: ``It is 
the policy of the United States that reliance upon and use of 
non-United States human space flight capabilities shall be 
undertaken only as a contingency in circumstances where no 
United States-owned and operated human space flight capability 
is available, operational, and certified for flight by 
appropriate Federal agencies.''

Sec. 18312. Goals and objectives

    (a) Long-Term Goals.--The long-term goals of the human 
space flight and exploration efforts of NASA shall be--
          (1) to expand permanent human presence beyond low-
        Earth orbit and to do so, where practical, in a manner 
        involving international, academic, and industry 
        partners;
          (2) crewed missions and progress toward achieving the 
        goal in paragraph (1) to enable the potential for 
        subsequent human exploration and the extension of human 
        presence throughout the solar system; and
          (3) to enable a capability to extend human presence, 
        including potential human habitation on another 
        celestial body and a thriving space economy in the 21st 
        Century.
    (b) Key Objectives.--The key objectives of the United 
States for human expansion into space shall be--
          (1) to sustain the capability for long-duration 
        presence in low-Earth orbit, initially through 
        continuation of the ISS and full utilization of the 
        United States segment of the ISS as a National 
        Laboratory, and through assisting and enabling an 
        expanded commercial presence in, and access to, low-
        Earth orbit, as elements of a low-Earth orbit 
        infrastructure;
          (2) to determine if humans can live in an extended 
        manner in space with decreasing reliance on Earth, 
        starting with utilization of low-Earth orbit 
        infrastructure, to identify potential roles that space 
        resources such as energy and materials may play, to 
        meet national and global needs and challenges, such as 
        potential cataclysmic threats, and to explore the 
        viability of and lay the foundation for sustainable 
        economic activities in space;
          (3) to maximize the role that human exploration of 
        space can play in advancing overall knowledge of the 
        universe, supporting United States national and 
        economic security and the United States global 
        competitive posture, and inspiring young people in 
        their educational pursuits;
          (4) to build upon the cooperative and mutually 
        beneficial framework established by the ISS partnership 
        agreements and experience in developing and undertaking 
        programs and meeting objectives designed to realize the 
        goal of human space flight set forth in subsection (a); 
        and
          (5) to achieve human exploration of Mars and beyond 
        through the prioritization of those technologies and 
        capabilities best suited for such a mission in 
        accordance with the stepping stone approach to 
        exploration under section 70504 of title 51.

(Pub. L. 111-267, title II, Sec. 202, Oct. 11, 2010, 124 Stat. 
2812; Pub. L. 115-10, title IV, Sec. Sec. 411, 412, Mar. 21, 
2017, 131 Stat. 33.)

                               AMENDMENTS

    2017--Subsec. (a). Pub. L. 115-10, Sec. 411, amended 
subsec. (a) generally. Prior to amendment, text read as 
follows: ``The long term goal of the human space flight and 
exploration efforts of NASA shall be to expand permanent human 
presence beyond low-Earth orbit and to do so, where practical, 
in a manner involving international partners.''
    Subsec. (b)(5). Pub. L. 115-10, Sec. 412, added par. (5).

Sec. 18313. Assurance of core capabilities

    (a) Sense of Congress.--It is the sense of Congress that--
          (1) the ISS, technology developments, the current 
        Space Shuttle program, and follow-on transportation 
        systems authorized by this chapter form the foundation 
        of initial capabilities for missions beyond low-Earth 
        orbit to a variety of lunar and Lagrangian orbital 
        locations; and
          (2) these initial missions and related capabilities 
        should be utilized to provide operational experience, 
        technology development, and the placement and assured 
        use of in-space infrastructure and in-space servicing 
        of existing and future assets.
    (b) Sense of Congress Regarding Human Space Flight 
Capability Assurance.--It is the sense of Congress that the 
Administrator shall proceed with the utilization of the ISS, 
technology development, and follow-on transportation systems 
(including the Space Launch System, multi-purpose crew vehicle, 
and commercial crew and cargo transportation capabilities) 
under subchapters II and III of this chapter in a manner that 
ensures--
          (1) that these capabilities remain inherently 
        complementary and interrelated;
          (2) a balance of the development, sustainment, and 
        use of each of these capabilities, which are of 
        critical importance to the viability and sustainability 
        of the U.S. space program; and
          (3) that resources required to support the timely and 
        sustainable development of these capabilities 
        authorized in either subchapter II or subchapter III of 
        this chapter are not derived from a reduction in 
        resources for the capabilities authorized in the other 
        subchapter.
    (c) Limitation.--Nothing in subsection (b) shall apply to 
or affect any capability authorized by any other subchapter of 
this chapter.

(Pub. L. 111-267, title II, Sec. 203, Oct. 11, 2010, 124 Stat. 
2812; Pub. L. 112-273, Sec. 2, Jan. 14, 2013, 126 Stat. 2454; 
Pub. L. 115-10, title IV, Sec. 416(a), Mar. 21, 2017, 131 Stat. 
34.)

                               AMENDMENTS

    2017--Subsec. (b). Pub. L. 115-10, Sec. 416(a)(1), (3), 
redesignated subsec. (c) as (b) and struck out former subsec. 
(b). Prior to amendment, text of subsec. (b) read as follows:
          ``(1) Development of follow-on space transportation 
        systems.--The Administrator shall proceed with the 
        development of follow-on space transportation systems 
        in a manner that ensures that the national capability 
        to restart and fly Space Shuttle missions can be 
        initiated if required by the Congress, in an Act 
        enacted after October 11, 2010, or by a Presidential 
        determination transmitted to the Congress, before the 
        last Space Shuttle mission authorized by this chapter 
        is completed.
          ``(2) Required actions.--In carrying out the 
        requirement in paragraph (1), the Administrator shall 
        authorize refurbishment of the manufactured external 
        tank of the Space Shuttle, designated as ET-94, and 
        take all actions necessary to enable its readiness for 
        use in the Space Launch System development as a 
        critical skills and capability retention effort or for 
        test purposes, while preserving the ability to use this 
        tank if needed for an ISS contingency if deemed 
        necessary under paragraph (1).''
    Subsecs. (c), (d). Pub. L. 115-10, Sec. 416(a)(2), (3), 
substituted ``subsection (b)'' for ``subsection (c)'' in 
subsec. (d) and redesignated subsec. (d) as (c). Former subsec. 
(c) redesignated (b).
    2013--Subsecs. (c), (d). Pub. L. 112-273 added subsecs. (c) 
and (d).

                           REFERENCES IN TEXT

    Any other subchapter of this chapter, referred to in 
subsec. (d), was in the original ``any other title of this 
Act'', meaning any other title of Pub. L. 111-267, Oct. 11, 
2010, 124 Stat. 2805. In addition to title II which is 
classified generally to this subchapter, Pub. L. 111-267 
contains titles III to XII which are classified generally to 
subchapters II to XI, respectively, of this chapter and titles 
I and XIII, 126 Stat. 2809, 2846, which are not classified to 
the Code.

CHAPTER 159, SUBCHAPTER II OF TITLE 42, U.S.C.

CHAPTER 159, SUBCHAPTER II OF TITLE 42, U.S.C.

Subchapter II--Expansion of Human Space Flight Beyond the International 
                   Space Station and Low-Earth Orbit

Sec. 18321. Human space flight beyond low-Earth orbit

    (a) Findings.--Congress makes the following findings:
          (1) The extension of the human presence from low-
        Earth orbit to other regions of space beyond low-Earth 
        orbit will enable missions to the surface of the Moon 
        and missions to deep space destinations such as near-
        Earth asteroids and Mars.
          (2) The regions of cis-lunar space are accessible to 
        other national and commercial launch capabilities, and 
        such access raises a host of national security concerns 
        and economic implications that international human 
        space endeavors can help to address.
          (3) The ability to support human missions in regions 
        beyond low-Earth orbit and on the surface of the Moon 
        can also drive developments in emerging areas of space 
        infrastructure and technology.
          (4) Developments in space infrastructure and 
        technology can stimulate and enable increased space 
        applications, such as in-space servicing, propellant 
        resupply and transfer, and in situ resource 
        utilization, and open opportunities for additional 
        users of space, whether national, commercial, or 
        international.
          (5) A long term objective for human exploration of 
        space should be the eventual international exploration 
        of Mars.
          (6) Future international missions beyond low-Earth 
        orbit should be designed to incorporate capability 
        development and availability, affordability, and 
        international contributions.
          (7) Human space flight and future exploration beyond 
        low-Earth orbit should be based around a pay-as-you-go 
        approach. Requirements in new launch and crew systems 
        authorized in this chapter should be scaled to the 
        minimum necessary to meet the core national mission 
        capability needed to conduct cis-lunar missions. These 
        initial missions, along with the development of new 
        technologies and in-space capabilities can form the 
        foundation for missions to other destinations. These 
        initial missions also should provide operational 
        experience prior to the further human expansion into 
        space.
    (b) Report on International Collaboration.--
          (1) Report required.--Not later than 120 days after 
        October 11, 2010, the Administrator shall submit to the 
        appropriate committees of Congress a report on the 
        following assets and capabilities:
                  (A) Any effort by NASA to expand and ensure 
                effective international collaboration on the 
                ISS.
                  (B) The efforts of NASA, including its 
                approach and progress, in defining near-term, 
                cis-lunar space human missions.
          (2) NASA contributions.--In preparing the report 
        required by paragraph (1), the Administrator shall 
        assume that NASA will contribute to the efforts 
        described in that paragraph the following:
                  (A) A Space Launch System.
                  (B) A multi-purpose crew vehicle.
                  (C) Such other technology elements the 
                Administrator may consider appropriate, and 
                which the Administrator shall specifically 
                identify in the report.

(Pub. L. 111-267, title III, Sec. 301, Oct. 11, 2010, 124 Stat. 
2813.)

Sec. 18322. Space Launch System as follow-on launch vehicle to the 
                    Space Shuttle

    (a) United States Policy.--It is the policy of the United 
States that NASA develop a Space Launch System as a follow-on 
to the Space Shuttle that can access cis-lunar space and the 
regions of space beyond low-Earth orbit in order to enable the 
United States to participate in global efforts to access and 
develop this increasingly strategic region.
    (b) Initiation of Development.--
          (1) In general.--The Administrator shall, as soon as 
        practicable after October 11, 2010, initiate 
        development of a Space Launch System meeting the 
        minimum capabilities requirements specified in 
        subsection (c).
          (2) Modification of current contracts.--In order to 
        limit NASA's termination liability costs and support 
        critical capabilities, the Administrator shall, to the 
        extent practicable, extend or modify existing vehicle 
        development and associated contracts necessary to meet 
        the requirements in paragraph (1), including contracts 
        for ground testing of solid rocket motors, if 
        necessary, to ensure their availability for development 
        of the Space Launch System.
    (c) Minimum Capability Requirements.--
          (1) In general.--The Space Launch System developed 
        pursuant to subsection (b) shall be designed to have, 
        at a minimum, the following:
                  (A) The initial capability of the core 
                elements, without an upper stage, of lifting 
                payloads weighing between 70 tons and 100 tons 
                into low-Earth orbit in preparation for transit 
                for missions beyond low-Earth orbit.
                  (B) The capability to carry an integrated 
                upper Earth departure stage bringing the total 
                lift capability of the Space Launch System to 
                130 tons or more.
                  (C) The capability to lift the multipurpose 
                crew vehicle.
                  (D) The capability to serve as a backup 
                system for supplying and supporting ISS cargo 
                requirements or crew delivery requirements not 
                otherwise met by available commercial or 
                partner-supplied vehicles.
          (2) Flexibility.--The Space Launch System shall be 
        designed from inception as a fully integrated vehicle 
        capable of carrying a total payload of 130 tons or more 
        into low-Earth orbit in preparation for transit for 
        missions beyond low Earth orbit. The Space Launch 
        System shall, to the extent practicable, incorporate 
        capabilities for evolutionary growth to carry heavier 
        payloads. Developmental work and testing of the core 
        elements and the upper stage should proceed in parallel 
        subject to appropriations. Priority should be placed on 
        the core elements with the goal for operational 
        capability for the core elements not later than 
        December 31, 2016.
          (3) Transition needs.--The Administrator shall ensure 
        critical skills and capabilities are retained, 
        modified, and developed, as appropriate, in areas 
        related to solid and liquid engines, large diameter 
        fuel tanks, rocket propulsion, and other ground test 
        capabilities for an effective transition to the follow-
        on Space Launch System.
          (4) The capacity for efficient and timely evolution, 
        including the incorporation of new technologies, 
        competition of sub-elements, and commercial operations.

(Pub. L. 111-267, title III, Sec. 302, Oct. 11, 2010, 124 Stat. 
2814.)

Sec. 18323. Multi-purpose crew vehicle

    (a) Initiation of development.--
          (1) In General.--The Administrator shall continue the 
        development of a multi-purpose crew vehicle to be 
        available as soon as practicable, and no later than for 
        use with the Space Launch System. The vehicle shall 
        continue to advance development of the human safety 
        features, designs, and systems in the Orion project.
          (2) Goal for operational capability.--It shall be the 
        goal to achieve full operational capability for the 
        transportation vehicle developed pursuant to this 
        subsection by not later than December 31, 2016. For 
        purposes of meeting such goal, the Administrator may 
        undertake a test of the transportation vehicle at the 
        ISS before that date.
    (b) Minimum Capability Requirements.--The multi-purpose 
crew vehicle developed pursuant to subsection (a) shall be 
designed to have, at a minimum, the following:
          (1) The capability to serve as the primary crew 
        vehicle for missions beyond low-Earth orbit.
          (2) The capability to conduct regular in-space 
        operations, such as rendezvous, docking, and extra-
        vehicular activities, in conjunction with payloads 
        delivered by the Space Launch System developed pursuant 
        to section 18322 of this title, or other vehicles, in 
        preparation for missions beyond low-Earth orbit or 
        servicing of assets described in section 18383 of this 
        title, or other assets in cis-lunar space.
          (3) The capability to provide an alternative means of 
        delivery of crew and cargo to the ISS, in the event 
        other vehicles, whether commercial vehicles or partner-
        supplied vehicles, are unable to perform that function.
          (4) The capacity for efficient and timely evolution, 
        including the incorporation of new technologies, 
        competition of sub-elements, and commercial operations.

(Pub. L. 111-267, title III, Sec. 303, Oct. 11, 2010, 124 Stat. 
2815.)

Sec. 18324. Utilization of existing workforce and assets in development 
                    of Space Launch System and multi-purpose crew 
                    vehicle

    (a) In General.--In developing the Space Launch System 
pursuant to section 18322 of this title and the multi-purpose 
crew vehicle pursuant to section 18323 of this title, the 
Administrator shall, to the extent practicable utilize--
          (1) existing contracts, investments, workforce, 
        industrial base, and capabilities from the Space 
        Shuttle and Orion and Ares 1 projects, including--
                  (A) space-suit development activities for 
                application to, and coordinated development of, 
                a multi-purpose crew vehicle suit and 
                associated life-support requirements with 
                potential development of standard NASA-
                certified suit and life support systems for use 
                in alternative commercially-developed crew 
                transportation systems; and
                  (B) Space Shuttle-derived components and Ares 
                1 components that use existing United States 
                propulsion systems, including liquid fuel 
                engines, external tank or tank-related 
                capability, and solid rocket motor engines; and
          (2) associated testing facilities, either in being or 
        under construction as of October 11, 2010.
    (b) Discharge of Requirements.--In meeting the requirements 
of subsection (a), the Administrator--
          (1) shall, to the extent practicable, utilize ground-
        based manufacturing capability, ground testing 
        activities, launch and operations infrastructure, and 
        workforce expertise;
          (2) shall, to the extent practicable, minimize the 
        modification and development of ground infrastructure 
        and maximize the utilization of existing software, 
        vehicle, and mission operations processes;
          (3) shall complete construction and activation of the 
        A-3 test stand with a completion goal of September 30, 
        2013;
          (4) may procure, develop, and flight test applicable 
        components; and
          (5) shall take appropriate actions to ensure timely 
        and cost-effective development of the Space Launch 
        System and the multi-purpose crew vehicle, including 
        the use of a procurement approach that incorporates 
        adequate and effective oversight, the facilitation of 
        contractor efficiencies, and the stream-lining of 
        contract and procurement requirements.

(Pub. L. 111-267, title III, Sec. 304, Oct. 11, 2010, 124 Stat. 
2816.)

Sec. 18325. NASA launch support and infrastructure modernization 
                    program

    (a) In General.--The Administrator shall carry out a 
program the primary purpose of which is to prepare 
infrastructure at the Kennedy Space Center that is needed to 
enable processing and launch of the Space Launch System. 
Vehicle interfaces and other ground processing and payload 
integration areas should be simplified to minimize overall 
costs, enhance safety, and complement the purpose of this 
section.
    (b) Elements.--The program required by this section shall 
include--
          (1) investments to improve civil and national 
        security operations at the Kennedy Space Center, to 
        enhance the overall capabilities of the Center, and to 
        reduce the long term cost of operations and 
        maintenance;
          (2) measures to provide multi-vehicle support, 
        improvements in payload processing, and partnering at 
        the Kennedy Space Center; and
          (3) such other measures, including investments to 
        improve launch infrastructure at NASA flight facilities 
        scheduled to launch cargo to the ISS under the 
        commercial orbital transportation services program as 
        the Administrator may consider appropriate.
    (c) Report on NASA Launch Support and Infrastructure 
Modernization Program.--
          (1) Report required.--Not later than 120 days after 
        October 11, 2010, the Administrator shall submit to the 
        appropriate committees of Congress a report on the plan 
        for the implementation of the NASA launch support and 
        infrastructure modernization program.
          (2) Elements.--The report required by this subsection 
        shall include--
                  (A) a description of the ground 
                infrastructure plan tied to the Space Launch 
                System and potential ground investment 
                activities at other NASA centers related to 
                supporting the development of the Space Launch 
                System;
                  (B) a description of proposed initiatives 
                intended to be conducted jointly or in 
                cooperation with Cape Canaveral Air Force 
                Station, Florida, or other installations or 
                components of the United States Government; and
                  (C) a description of plans to use funds 
                authorized to be appropriated by this chapter 
                to improve non-NASA facilities, which plans 
                shall include a business plan outlining the 
                nature and scope of investments planned by 
                other parties.

(Pub. L. 111-267, title III, Sec. 305, Oct. 11, 2010, 124 Stat. 
2817.)

Sec. 18326. Development of technologies and in-space capabilities for 
                    beyond near Earth space missions

    (a) Development Authorized.--The Administrator may initiate 
activities to develop the following:
          (1) Technologies identified as necessary elements of 
        missions beyond low-Earth orbit.
          (2) In-space capabilities such as refueling and 
        storage technology, orbital transfer stages, innovative 
        in-space propulsion technology, communications, and 
        data management that facilitate a broad range of users 
        (including military and commercial) and applications 
        defining the architecture and design of such missions.
          (3) Spacesuit development and associated life support 
        technology.
          (4) Flagship missions.
    (b) Investments.--In developing technologies and 
capabilities under subsection (a), the Administrator may make 
investments--
          (1) in space technologies such as advanced 
        propulsion, propellant depots, in situ resource 
        utilization, and robotic payloads or capabilities that 
        enable human missions beyond low-Earth orbit ultimately 
        leading to Mars;
          (2) in a space-based transfer vehicle including these 
        technologies with an ability to conduct space-based 
        operations that provide capabilities--
                  (A) to integrate with the Space Launch System 
                and other space-based systems;
                  (B) to provide opportunities for in-space 
                servicing of and delivery to multiple space-
                based platforms; and
                  (C) to facilitate international efforts to 
                expand human presence to deep space 
                destinations;
          (3) in advanced life support technologies and 
        capabilities;
          (4) in technologies and capabilities relating to in-
        space power, propulsion, and energy systems;
          (5) in technologies and capabilities relating to in-
        space propellant transfer and storage;
          (6) in technologies and capabilities relating to in 
        situ resource utilization; and
          (7) in expanded research to understand the greatest 
        biological impediments to human deep space missions, 
        especially the radiation challenge.
    (c) Utilization of ISS as Testbed.--The Administrator may 
utilize the ISS as a testbed for any technology or capability 
developed under subsection (a) in a manner consistent with the 
provisions of this chapter.
    (d) Coordination.--The Administrator shall coordinate 
development of technologies and capabilities under this section 
through an overall agency technology approach, as authorized by 
section 905 of this Act.

(Pub. L. 111-267, title III, Sec. 308, Oct. 11, 2010, 124 Stat. 
2818.)

                           REFERENCES IN TEXT

    Section 905 of this Act, referred to in subsec. (d), is 
Pub. L. 111-267, title IX, Sec. 905, Oct. 11, 2010, 124 Stat. 
2836, which is not classified to the Code.

Sec. 18327. Report requirement

    Within 90 days after October 11, 2010, or upon completion 
of reference designs for the Space Launch System and Multi-
purpose Crew Vehicle authorized by this chapter, whichever 
occurs first, the Administrator shall provide a detailed report 
to the appropriate committees of Congress that provides an 
overall description of the reference vehicle design, the 
assumptions, description, data, and analysis of the systems 
trades and resolution process, justification of trade 
decisions, the design factors which implement the essential 
system and vehicle capability requirements established by this 
chapter, the explanation and justification of any deviations 
from those requirements, the plan for utilization of existing 
contracts, civil service and contract workforce, supporting 
infrastructure utilization and modifications, and procurement 
strategy to expedite development activities through 
modification of existing contract vehicles, and the schedule of 
design and development milestones and related schedules leading 
to the accomplishment of operational goals established by this 
chapter. The Administrator shall provide an update of this 
report as part of the President's annual Budget Request.

(Pub. L. 111-267, title III, Sec. 309, Oct. 11, 2010, 124 Stat. 
2819.)

CHAPTER 159, SUBCHAPTER III OF TITLE 42, U.S.C.

CHAPTER 159, SUBCHAPTER III OF TITLE 42, U.S.C.

   Subchapter III--Development and Use of Commercial Crew and Cargo 
                      Transportation Capabilities

Sec. 18341. Commercial Cargo Development program

    The Administrator shall continue to support the existing 
Commercial Resupply Services program, aimed at enabling the 
commercial space industry in support of NASA to develop 
reliable means of launching cargo and supplies to the ISS 
throughout the duration of the facility's operation. The 
Administrator may apply funds towards the reduction of risk to 
the timely start of these services, specifically--
          (1) efforts to conduct a flight test;
          (2) accelerate development; and
          (3) develop the ground infrastructure needed for 
        commercial cargo capability.

(Pub. L. 111-267, title IV, Sec. 401, Oct. 11, 2010, 124 Stat. 
2820; Pub. L. 115-10, title III, Sec. 302(f), Mar. 21, 2017, 
131 Stat. 26.)

                               AMENDMENTS

    2017--Pub. L. 115-10 substituted ``Commercial Resupply 
Services'' for ``Commercial Orbital Transportation Services'' 
in introductory provisions.

Sec. 18342. Requirements applicable to development of commercial crew 
                    transportation capabilities and services

    (a) FY 2011 Contracts and Procurement Agreements.--
          (1) In general.--Except as provided in paragraph (2), 
        the Administrator may not execute a contract or 
        procurement agreement with respect to follow-on 
        commercial crew services during fiscal year 2011.
          (2) Exception.--Notwithstanding paragraph (1), the 
        Administrator may execute a contract or procurement 
        agreement with respect to follow-on commercial crew 
        services during fiscal year 2011 if--
                  (A) the requirements of paragraphs (1), (2), 
                and (3) of subsection (b) are met; and
                  (B) the total amount involved for all such 
                contracts and procurement agreements executed 
                during fiscal year 2011 does not exceed 
                $50,000,000 for fiscal year 2011.
    (b) Support.--The Administrator may, beginning in fiscal 
year 2012 through the duration of the program, support follow-
on commercially-developed crew transportation systems dependent 
upon the completion of each of the following:
          (1) Human rating requirements.--Not later than 60 
        days after October 11, 2010, the Administrator shall 
        develop and make available to the public detailed human 
        rating processes and requirements to guide the design 
        of commercially-developed crew transportation 
        capabilities, which requirements shall be at least 
        equivalent to proven requirements for crew 
        transportation in use as of October 11, 2010.
          (2) Commercial market assessment.--Not later than 180 
        days after October 11, 2010, the Administrator shall 
        submit to the appropriate committees of Congress an 
        assessment, conducted, in coordination with the Federal 
        Aviation Administration's Office of Commercial Space 
        Transportation, for purposes of this paragraph, of the 
        potential non-Government market for commercially-
        developed crew and cargo transportation systems and 
        capabilities, including an assessment of the activities 
        associated with potential private sector utilization of 
        the ISS research and technology development 
        capabilities and other potential activities in low-
        Earth orbit.
          (3) Procurement system review.--The Administrator 
        shall review current Government procurement and 
        acquisition practices and processes, including 
        agreement authorities under the National Aeronautics 
        and Space Act of 1958, 1 to determine the most cost 
        effective means of procuring commercial crew 
        transportation capabilities and related services in a 
        manner that ensures appropriate accountability, 
        transparency, and maximum efficiency in the procurement 
        of such capabilities and services, which review shall 
        include an identification of proposed measures to 
        address risk management and means of indemnification of 
        commercial providers of such capabilities and services, 
        and measures for quality control, safety oversight, and 
        the application of Federal oversight processes within 
        the jurisdiction of other Federal agencies. A 
        description of the proposed procurement process and 
        justification of the proposed procurement for its 
        selection shall be included in any proposed initiation 
        of procurement activity for commercially-developed crew 
        transportation capabilities and services and shall be 
        subject to review by the appropriate committees of 
        Congress before the initiation of any competitive 
        process to procure such capabilities or services. In 
        support of the review by such committees, the 
        Comptroller General shall undertake an assessment of 
        the proposed procurement process and provide a report 
        to the appropriate committees of Congress within 90 
        days after the date on which the Administrator provides 
        the description and justification to such committees.
          (4) Use of Government-supplied capabilities and 
        infrastructure.--In evaluating any proposed development 
        activity for commercially-developed crew or cargo 
        launch capabilities, the Administrator shall identify 
        the anticipated contribution of government personnel, 
        expertise, technologies, and infrastructure to be 
        utilized in support of design, development, or 
        operations of such capabilities. This assessment shall 
        include a clear delineation of the full requirements 
        for the commercial crew service (including the 
        contingency for crew rescue). The Administrator shall 
        include details and associated costs of such support as 
        part of any proposed development initiative for the 
        procurement of commercially-developed crew or cargo 
        launch capabilities or services.
          (5) Flight demonstration and readiness 
        requirements.--The Administrator shall establish 
        appropriate milestones and minimum performance 
        objectives to be achieved before authority is granted 
        to proceed to the procurement of commercially-developed 
        crew transportation capabilities or systems. The 
        guidelines shall include a procedure to provide 
        independent assurance of flight safety and flight 
        readiness before the authorization of United States 
        government personnel to participate as crew onboard any 
        commercial launch vehicle developed pursuant to this 
        section.
          (6) Commercial crew rescue capabilities.--The 
        provision of a commercial capability to provide ISS 
        crew services shall include crew rescue requirements, 
        and shall be undertaken through the procurement process 
        initiated in conformance with this section. In the 
        event such development is initiated, the Administrator 
        shall make available any relevant government-owned 
        intellectual property deriving from the development of 
        a multi-purpose crew vehicle authorized by this chapter 
        to commercial entities involved with such crew rescue 
        capability development which shall be relevant to the 
        design of a crew rescue capability. In addition, the 
        Administrator shall seek to ensure that contracts for 
        development of the multi-purpose crew vehicle contain 
        provisions for the licensing of relevant intellectual 
        property to participating commercial providers of any 
        crew rescue capability development undertaken pursuant 
        to this section. If one or more contractors involved 
        with development of the multi-purpose crew vehicle seek 
        to compete in development of a commercial crew service 
        with crew rescue capability, separate legislative 
        authority must be enacted to enable the Administrator 
        to provide funding for any modifications of the multi-
        purpose crew vehicle necessary to fulfill the ISS crew 
        rescue function.

(Pub. L. 111-267, title IV, Sec. 403, Oct. 11, 2010, 124 Stat. 
2820.)

                           REFERENCES IN TEXT

    The National Aeronautics and Space Act of 1958, referred to 
in subsec. (b)(3), is Pub. L. 85-568, July 29, 1958, 72 Stat. 
426, which was classified principally to chapter 26 (Sec. 2451 
et seq.) of this title and was substantially repealed and 
restated as chapter 201 (Sec. 20101 et seq.) of Title 51, 
National and Commercial Space Programs, by Pub. L. 111-314, 
Sec. Sec. 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444. For 
complete classification of this Act to the Code, see Short 
Title of 1958 Act note set out under section 10101 of Title 51 
and Tables.

CHAPTER 159, SUBCHAPTER IV OF TITLE 42, U.S.C.

CHAPTER 159, SUBCHAPTER IV OF TITLE 42, U.S.C.

      Subchapter IV--Continuation, Support, and Evolution of the 
                      International Space Station

Sec. 18351. Continuation of the International Space Station

    (a) Policy of the United States.--It shall be the policy of 
the United States, in consultation with its international 
partners in the ISS program, to support full and complete 
utilization of the ISS through at least 2024.
    (b) NASA Action.--In furtherance of the policy set forth in 
subsection (a), NASA shall--
          (1) pursue international, commercial, and 
        intragovernmental means to maximize ISS logistics 
        supply, maintenance, and operational capabilities, 
        reduce risks to ISS systems sustainability, and offset 
        and minimize United States operations costs relating to 
        the ISS;
          (2) utilize, to the extent practicable, the ISS for 
        the development of capabilities and technologies needed 
        for the future of human space exploration beyond low-
        Earth orbit; and
          (3) utilize, if practical and cost effective, the ISS 
        for Science Mission Directorate missions in low-Earth 
        orbit.

(Pub. L. 111-267, title V, Sec. 501, Oct. 11, 2010, 124 Stat. 
2822; Pub. L. 114-90, title I, Sec. 114(b)(1), Nov. 25, 2015, 
129 Stat. 715; Pub. L. 115-10, title III, Sec. 301(c), Mar. 21, 
2017, 131 Stat. 23.)

                               AMENDMENTS

    2017--Pub. L. 115-10 amended section generally. Prior to 
amendment, section read as follows:
    ``(a) Policy of the United States.--It shall be the policy 
of the United States, in consultation with its international 
partners in the ISS program, to support full and complete 
utilization of the ISS through at least 2024.
    ``(b) NASA Actions.--In furtherance of the policy set forth 
in subsection (a), NASA shall pursue international, commercial, 
and intragovernmental means to maximize ISS logistics supply, 
maintenance, and operational capabilities, reduce risks to ISS 
systems sustainability, and offset and minimize United States 
operations costs relating to the ISS.''
    2015--Pub. L. 114-90, Sec. 114(b)(1)(A), struck out 
``through 2020'' after ``Station'' in section catchline. 
Subsec. (a). Pub. L. 114-90, Sec. 114(b)(1)(B), substituted 
``through at least 2024'' for ``through at least 2020''.

Sec. 18352. Maximum utilization of the International Space Station

    (a) In General.--With assembly of the ISS complete, NASA 
shall take steps to maximize the productivity and use of the 
ISS with respect to scientific and technological research and 
development, advancement of space exploration, and 
international collaboration.
    (b) NASA Actions.--In carrying out subsection (a), NASA 
shall, at a minimum, undertake the following:
          (1) Innovative use of u.s. segment.--The United 
        States segment of the ISS, which has been designated as 
        a National Laboratory, shall be developed, managed and 
        utilized in a manner that enables the effective and 
        innovative use of such facility, as provided in section 
        18354 of this title.
          (2) International cooperation.--The ISS shall 
        continue to be utilized as a key component of 
        international efforts to build missions and 
        capabilities that further the development of a human 
        presence beyond near-Earth space and advance United 
        States security and economic goals. The Administrator 
        shall actively seek ways to encourage and enable the 
        use of ISS capabilities to support these efforts.
          (3) Domestic collaboration.--The operations, 
        management, and utilization of the ISS shall be 
        conducted in a manner that provides opportunities for 
        collaboration with other research programs and 
        objectives of the United States Government in 
        cooperation with commercial suppliers, users, and 
        developers.

(Pub. L. 111-267, title V, Sec. 502, Oct. 11, 2010, 124 Stat. 
2823.)

Sec. 18353. Maintenance of the United States segment and assurance of 
                    continued operations of the International Space 
                    Station.

    (a) In General.--The Administrator shall take all actions 
necessary to ensure the safe and effective operation, 
maintenance, and maximum utilization of the United States 
segment of the ISS through at least September 30, 2024.
    (b) Vehicle and Component Review.--
          (1) In general.--The Administrator shall, as soon as 
        is practicable after October 11, 2010, carry out a 
        comprehensive assessment of the essential modules, 
        operational systems and components, structural 
        elements, and permanent scientific equipment on board 
        or planned for delivery and installation aboard the 
        ISS, including both United States and international 
        partner elements, for purposes of identifying the spare 
        or replacement modules, systems and components, 
        elements, and equipment that are required to ensure 
        complete, effective, and safe functioning and full 
        scientific utilization of the ISS through September 30, 
        2020.\1\
          (2) Data.--In carrying out the assessment, the 
        Administrator shall assemble any existing data, and 
        provide for the development of any data or analysis not 
        currently available, that is necessary for purposes of 
        the assessment.
    (c) Reports.--
          (1) Report on assessment.--
                  (A) Report required.--Not later than 90 days 
                after October 11, 2010, the Administrator shall 
                submit to the appropriate committees of 
                Congress a report on the assessment required by 
                subsection (b).
                  (B) Elements.--The report required by this 
                paragraph shall include, at minimum, the 
                following:
                          (i) A description of the spare or 
                        replacement modules, systems and 
                        components, elements, and equipment 
                        identified pursuant to the assessment 
                        that are currently produced, in 
                        inventory, or on order, a description 
                        of the state of their readiness, and a 
                        schedule for their delivery to the ISS 
                        (including the planned transportation 
                        means for such delivery), including for 
                        each such module, system or component, 
                        element, or equipment a description 
                        of--
                                  (I) its specifications, 
                                including size, weight, and 
                                necessary configuration for 
                                launch and delivery to the ISS;
                                  (II) its function;
                                  (III) its location; and
                                  (IV) its criticality for ISS 
                                system integrity.
                          (ii) A description of the spare or 
                        replacement modules, systems and 
                        components, elements, and equipment 
                        identified pursuant to the assessment 
                        that are not currently produced, in 
                        inventory, or on order, including for 
                        each such module, system or component, 
                        element, or equipment a description 
                        of--
                                  (I) its specifications, 
                                including size, weight, and 
                                necessary configuration for 
                                launch and delivery to the ISS;
                                  (II) its function;
                                  (III) its location;
                                  (IV) its criticality for ISS 
                                system integrity; and
                                  (V) the anticipated cost and 
                                schedule for its design, 
                                procurement, manufacture, and 
                                delivery to the ISS.
                          (iii) A detailed summary of the 
                        delivery schedule and associated 
                        delivery vehicle requirements necessary 
                        to transport all spare and replacement 
                        elements considered essential for the 
                        ongoing and sustained functionality of 
                        all critical systems of the ISS, both 
                        in and of themselves and as an element 
                        of an integrated, mutually dependent 
                        essential capability, including an 
                        assessment of the current schedule for 
                        delivery, the availability of delivery 
                        vehicles to meet that schedule, and the 
                        likelihood of meeting that schedule 
                        through such vehicles.
          (2) GAO report.--
                  (A) Report required.--Not later than 90 days 
                after the submittal to Congress under paragraph 
                (1) of the assessment required by subsection 
                (b), the Comptroller General of the United 
                States shall submit to the appropriate 
                committees of Congress a report on the 
                assessment. The report shall set forth an 
                evaluation of the assessment by the Comptroller 
                General, including an evaluation of the 
                accuracy and level of confidence in the 
                findings of the assessment.
                  (B) Cooperation with GAO.--The Administrator 
                shall provide for the monitoring and 
                participation of the Comptroller General in the 
                assessment in a manner that permits the 
                Comptroller General to prepare and submit the 
                report required by subparagraph (A).
    (d) Utilization of Research Facilities and Capabilities.--
Utilization of research facilities and capabilities aboard the 
ISS (other than exploration-related research and technology 
development facilities and capabilities, and associated ground 
support and logistics), shall be planned, managed, and 
supported as provided in section 18354 of this title. 
Exploration-related research and technology development 
facilities, capabilities, and associated ground support and 
logistics shall be planned, managed, and supported by the 
appropriate NASA organizations and officials in a manner that 
does not interfere with other activities under section 18354 of 
this title.
    (e) Space shuttle mission to ISS.--
          (1) Space shuttle mission.--The Administrator shall 
        fly the Launch-On-Need Shuttle mission currently 
        designated in the Shuttle Flight Manifest dated 
        February 28, 2010, to the ISS in fiscal year 2011, but 
        no earlier than June 1, 2011, unless required earlier 
        by an operations contingency, and pending the results 
        of the assessment required by paragraph (2) and the 
        determination under paragraph (3)(A).
          (2) Assessment of safe means of return.--The 
        Administrator shall provide for an assessment by the 
        NASA Engineering and Safety Center of the procedures 
        and plans developed to ensure the safety of the Space 
        Shuttle crew, and alternative means of return, in the 
        event the Space Shuttle is damaged or otherwise unable 
        to return safely to Earth.
          (3) Schedule and payload.--The determination of the 
        schedule and payload for the mission authorized by 
        paragraph (1) shall take into account the following:
                  (A) The supply and logistics delivery 
                requirements of the ISS.
                  (B) The findings of the study required by 
                paragraph (2).
          (4) Funds.--Amounts authorized to be appropriated by 
        section 101(2)(B) \1\ shall be available for the 
        mission authorized by paragraph (1).
    (f) Space Shuttle Manifest Flight Assurance.--
          (1) In general.--The Administrator shall take all 
        actions necessary to preserve Space Shuttle launch 
        capability through fiscal year 2011 in a manner that 
        enables the launch, at a minimum, of missions and 
        primary payloads in the Shuttle flight manifest as of 
        February 28, 2010.
          (2) Continuation of contractor support.--The 
        Administrator may not terminate any contract that 
        provides the system transitions necessary for shuttle 
        derived hardware to be used on either the multi-purpose 
        crew vehicle described in section 18323 of this title 
        or the Space Launch System described in section 18322 
        of this title.

(Pub. L. 111-267, title V, Sec. 503, Oct. 11, 2010, 124 Stat. 
2823; Pub. L. 114-90, title I, Sec. 114(b)(2), Nov. 25, 2015, 
129 Stat. 716.)

                           REFERENCES IN TEXT

    Reference to September 30, 2020, referred to in subsec. 
(b)(1), was not amended by section 114(b) of Pub. L. 114-90, 
which substituted references to ``2024'' for references to 
``2020'' in other provisions throughout this subchapter. See 
also section 70907 of Title 51, National and Commercial Space 
Programs, as amended by section 114(b) of Pub. L. 114-90.
    Section 101(2)(B), referred to in subsec. (e)(4), is Pub. 
L. 111-267, title I, Sec. 101(2)(B), Oct. 11, 2010, 124 Stat. 
2809, which is not classified to the Code.

                               AMENDMENTS

    2015--Subsec. (a). Pub. L. 114-90, Sec. 114(b)(2)(A), 
substituted ``through at least September 30, 2024'' for 
``through at least September 30, 2020''.
    Subsec. (b)(1). Pub. L. 114-90, Sec. 114(b)(2)(B), 
substituted ``The Administrator'' for ``In carrying out 
subsection (a), the Administrator''.

Sec. 18354. Management of the ISS national laboratory

    (a) Cooperative Agreement With Not-for-Profit Entity for 
Management of National Laboratory.--
          (1) In general.--The Administrator shall provide 
        initial financial assistance and enter into a 
        cooperative agreement with an appropriate organization 
        that is exempt from taxation under section 501(c)(3) of 
        title 26 to manage the activities of the ISS national 
        laboratory in accordance with this section.
          (2) Qualifications.--The organization with which the 
        Administrator enters into the cooperative agreement 
        shall develop the capabilities to implement research 
        and development projects utilizing the ISS national 
        laboratory and to otherwise manage the activities of 
        the ISS national laboratory.
          (3) Prohibition on other activities.--The cooperative 
        agreement shall require the organization entering into 
        the agreement to engage exclusively in activities 
        relating to the management of the ISS national 
        laboratory and activities that promote its long term 
        research and development mission as required by this 
        section, without any other organizational objectives or 
        responsibilities on behalf of the organization or any 
        parent organization or other entity.
    (b) NASA Liaison.--
          (1) Designation.--The Administrator shall designate 
        an official or employee of the Space Operations Mission 
        Directorate of NASA to act as liaison between NASA and 
        the organization with which the Administrator enters 
        into a cooperative agreement under subsection (a) with 
        regard to the management of the ISS national 
        laboratory.
          (2) Consultation with liaison.--The cooperative 
        agreement shall require the organization entering into 
        the agreement to carry out its responsibilities under 
        the agreement in cooperation and consultation with the 
        official or employee designated under paragraph (1).
    (c) Planning and Coordination of ISS National Laboratory 
Research Activities.--The Administrator shall provide initial 
financial assistance to the organization with which the 
Administrator enters into a cooperative agreement under 
subsection (a), in order for the organization to initiate the 
following:
          (1) Planning and coordination of the ISS national 
        laboratory research activities.
          (2) Development and implementation of guidelines, 
        selection criteria, and flight support requirements for 
        non-NASA scientific utilization of ISS research 
        capabilities and facilities available in United States-
        owned modules of the ISS or in partner-owned facilities 
        of the ISS allocated to United States utilization by 
        international agreement.
          (3) Interaction with and integration of the 
        International Space Station National Laboratory 
        Advisory Committee established under section 70906 of 
        title 51 with the governance of the organization, and 
        review recommendations provided by that Committee 
        regarding agreements with non-NASA departments and 
        agencies of the United States Government, academic 
        institutions and consortia, and commercial entities 
        leading to the utilization of the ISS national 
        laboratory facilities.
          (4) Coordination of transportation requirements in 
        support of the ISS national laboratory research and 
        development objectives, including provision for 
        delivery of instruments, logistics support, and related 
        experiment materials, and provision for return to Earth 
        of collected samples, materials, and scientific 
        instruments in need of replacement or upgrade.
          (5) Cooperation with NASA, other departments and 
        agencies of the United States Government, the States, 
        and commercial entities in ensuring the enhancement and 
        sustained operations of non-exploration-related 
        research payload ground support facilities for the ISS, 
        including the Space Life Sciences Laboratory, the Space 
        Station Processing Facility and Payload Operations 
        Integration Center.
          (6) Development and implementation of scientific 
        outreach and education activities designed to ensure 
        effective utilization of ISS research capabilities 
        including the conduct of scientific assemblies, 
        conferences, and other fora for the presentation of 
        research findings, methods, and mechanisms for the 
        dissemination of non-restricted research findings and 
        the development of educational programs, course 
        supplements, interaction with educational programs at 
        all grade levels, including student-focused research 
        opportunities for conduct of research in the ISS 
        national laboratory facilities.
          (7) Such other matters relating to the utilization of 
        the ISS national laboratory facilities for research and 
        development as the Administrator may consider 
        appropriate.
    (d) Research Capacity Allocation and Integration of 
Research Payloads.--
          (1) Allocation of ISS Research Capacity.--As soon as 
        practicable after October 11, 2010, but not later than 
        October 1, 2011, ISS national laboratory managed 
        experiments shall be guaranteed access to, and 
        utilization of, not less than 50 percent of the United 
        States research capacity allocation, including power, 
        cold stowage, and requisite crew time onboard the ISS 
        through at least September 30, 2024. Access to the ISS 
        research capacity includes provision for the adequate 
        up mass and down mass capabilities to utilize the ISS 
        research capacity, as available. The Administrator may 
        allocate additional capacity to the ISS national 
        laboratory should such capacity be in excess of NASA 
        research requirements.
          (2) Additional research capabilities.--If any NASA 
        research plan is determined to require research 
        capacity onboard the ISS beyond the percentage 
        allocated under paragraph (1), such research plan shall 
        be prepared in the form of a requested research 
        opportunity to be submitted to the process established 
        under this section for the consideration of proposed 
        research within the capacity allocated to the ISS 
        national laboratory. A proposal for such a research 
        plan may include the establishment of partnerships with 
        non-NASA institutions eligible to propose research to 
        be conducted within the ISS national laboratory 
        capacity. Until at least September 30, 2024, the 
        official or employee designated under subsection (b) 
        may grant an exception to this requirement in the case 
        of a proposed experiment considered essential for 
        purposes of preparing for exploration beyond low-Earth 
        orbit, as determined by joint agreement between the 
        organization with which the Administrator enters into a 
        cooperative agreement under subsection (a) and the 
        official or employee designated under subsection (b).
          (3) Research priorities and enhanced capacity.--The 
        organization with which the Administrator enters into 
        the cooperative agreement shall consider 
        recommendations of the National Academies Decadal 
        Survey on Biological and Physical Sciences in Space in 
        establishing research priorities and in developing 
        proposed enhancements of research capacity and 
        opportunities for the ISS national laboratory.
          (4) Responsibility for research payload.--NASA shall 
        retain its roles and responsibilities in providing 
        research payload physical, analytical, and operations 
        integration during pre-flight, post-flight, 
        transportation, and orbital phases essential to ensure 
        safe and effective flight readiness and vehicle 
        integration of research activities approved and 
        prioritized by the organization with which the 
        Administrator enters into the cooperative agreement and 
        the official or employee designated under subsection 
        (b).

(Pub. L. 111-267, title V, Sec. 504, Oct. 11, 2010, 124 Stat. 
2825; Pub. L. 114-90, title I, Sec. 114(b)(3), Nov. 25, 2015, 
129 Stat. 716.)

                              CODIFICATION

    In subsec. (c)(3), ``section 70906 of title 51'' 
substituted for ``section 602 of the National Aeronautics and 
Space Administration Authorization Act of 2008 (42 U.S.C. 
17752)'' on authority of Pub. L. 111-314, Sec. 5(e), Dec. 18, 
2010, 124 Stat. 3443, which Act enacted Title 51, National and 
Commercial Space Programs.

                               AMENDMENTS

    2015--Subsec. (d)(1), (2). Pub. L. 114-90 substituted ``at 
least September 30, 2024'' for ``September 30, 2020''.

CHAPTER 159, SUBCHAPTER V OF TITLE 42, U.S.C.

CHAPTER 159, SUBCHAPTER V OF TITLE 42, U.S.C.

         Subchapter V--Space Shuttle Retirement And Transition

Sec. 18361. Sense of Congress on the Space Shuttle program

    (a) Findings.--Congress makes the following findings:
          (1) The Space Shuttle program represents a national 
        asset consisting of critical skills and capabilities, 
        including the ability to lift large payloads into space 
        and return them to Earth.
          (2) The Space Shuttle has carried more than 355 
        people from 16 nations into space.
          (3) The Space Shuttle has projected the best of 
        American values around the world, and Space Shuttle 
        crews have sparked the imagination and dreams of the 
        world's youth and young at heart.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) it is essential that the retirement of the Space 
        Shuttle and the transition to new human space flight 
        capabilities be done in a manner that builds upon the 
        legacy of this national asset; and
          (2) it is imperative for the United States to retain 
        the skills and the industrial capability to provide a 
        follow-on Space Launch System that is primarily 
        designed for missions beyond near-Earth space, while 
        offering some potential for supplanting shuttle 
        delivery capabilities to low-Earth orbit, particularly 
        in support of ISS requirements, if necessary.

(Pub. L. 111-267, title VI, Sec. 601, Oct. 11, 2010, 124 Stat. 
2828.)

Sec. 18362. Retirement of Space Shuttle orbiters and transition of 
                    Space Shuttle program

    (a) In General.--The Administrator shall retire the Space 
Shuttle orbiters pursuant to a schedule established by the 
Administrator and in a manner consistent with provisions of 
this chapter regarding potential requirements for contingency 
utilization of Space Shuttle orbiters for ISS requirements.
    (b) Utilization of Workforce and Assets in Follow-On Space 
Launch System.--
          (1) Utilization of vehicle assets.--In carrying out 
        subsection (a), the Administrator shall, to the maximum 
        extent practicable, utilize workforce, assets, and 
        infrastructure of the Space Shuttle program in efforts 
        relating to the initiation of a follow-on Space Launch 
        System developed pursuant to section 18322 of this 
        title.
          (2) Other assets.--With respect to the workforce, 
        assets, and infrastructure not utilized as described in 
        paragraph (1), the Administrator shall work closely 
        with other departments and agencies of the Federal 
        Government, and the private sector, to divest unneeded 
        assets and to assist displaced workers with retraining 
        and other placement efforts. Amounts authorized to be 
        appropriated by section 101(2)(B) shall be available 
        for activities pursuant to this paragraph.

(Pub. L. 111-267, title VI, Sec. 602, Oct. 11, 2010, 124 Stat. 
2828.)

                           REFERENCES IN TEXT

    Section 101(2)(B), referred to in subsec. (b)(2), is Pub. 
L. 111-267, title I, Sec. 101(2)(B), Oct. 11, 2010, 124 Stat. 
2809, which is not classified to the Code.

Sec. 18363. Disposition of orbiter vehicles

    (a) In General.--Upon the termination of the Space Shuttle 
program as provided in section 18362 of this title, the 
Administrator shall decommission any remaining Space Shuttle 
orbiter vehicles according to established safety and historic 
preservation procedures prior to their designation as surplus 
government property. The orbiter vehicles shall be made 
available and located for display and maintenance through a 
competitive procedure established pursuant to the disposition 
plan developed under section 613(a) of the National Aeronautics 
and Space Administration Authorization Act of 2008 (42 U.S.C. 
17761(a)), with priority consideration given to eligible 
applicants meeting all conditions of that plan which would 
provide for the display and maintenance of orbiters at 
locations with the best potential value to the public, 
including where the location of the orbiters can advance 
educational opportunities in science, technology, engineering, 
and mathematics disciplines, and with an historical 
relationship with either the launch, flight operations, or 
processing of the Space Shuttle orbiters or the retrieval of 
NASA manned space vehicles, or significant contributions to 
human space flight. The Smithsonian Institution, which, as of 
October 11, 2001, houses the Space Shuttle Enterprise, shall 
determine any new location for the Enterprise.
    (b) Display and Maintenance.--The orbiter vehicles made 
available under subsection (a) shall be displayed and 
maintained through agreements and procedures established 
pursuant to section 613(a) of the National Aeronautics and 
Space Administration Authorization Act of 2008 (42 U.S.C. 
17761(a)).
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to NASA such sums as may be necessary to 
carry out this section. The amounts authorized to be 
appropriated by this subsection shall be in addition to any 
amounts authorized to be appropriated by title I, and may be 
requested by the President as supplemental requirements, if 
needed, in the appropriate fiscal years.

(Pub. L. 111-267, title VI, Sec. 603, Oct. 11, 2010, 124 Stat. 
2829.)

                           REFERENCES IN TEXT

    Section 613(a) of the National Aeronautics and Space 
Administration Authorization Act of 2008, referred to in 
subsecs. (a) and (b), is section 613(a) of Pub. L. 110-422, 
formerly classified to section 17761(a) of this title, which 
was transferred and is set out as a note under section 70501 of 
Title 51, National and Commercial Space Programs.
    Title I, referred to in subsec. (c), is title I of Pub. L. 
111-267, Oct. 11, 2010, 124 Stat. 2809, which is not classified 
to the Code.

CHAPTER 159, SUBCHAPTER VI OF TITLE 42, U.S.C.

CHAPTER 159, SUBCHAPTER VI OF TITLE 42, U.S.C.

                      Subchapter VI--Earth Science

Sec. 18371. Interagency collaboration implementation approach

    The Director of OSTP shall establish a mechanism to ensure 
greater coordination of the research, operations, and 
activities relating to civilian Earth observation of those 
Agencies, including NASA, that have active programs that either 
contribute directly or indirectly to these areas. This 
mechanism should include the development of a strategic 
implementation plan that is updated at least every 3 years, and 
includes a process for external independent advisory input. 
This plan should include a description of the responsibilities 
of the various Agency roles in Earth observations, recommended 
cost-sharing and procurement arrangements between Agencies and 
other entities, including international arrangements, and a 
plan for ensuring the provision of sustained, long term space-
based climate observations. The Director shall provide a report 
to Congress within 90 days after October 11, 2010, on the 
implementation plan for this mechanism.

(Pub. L. 111-267, title VII, Sec. 702, Oct. 11, 2010, 124 Stat. 
2830.)

Sec. 18372. Transitioning experimental research to operations

    The Administrator shall coordinate with the Administrator 
of NOAA and the Director of the United States Geological Survey 
to establish a formal mechanism that plans, coordinates, and 
supports the transitioning of NASA research findings, assets, 
and capabilities to NOAA operations and United States 
Geological Survey operations. In defining this mechanism, NASA 
should consider the establishment of a formal or informal 
Interagency Transition Office. The Administrator of NASA shall 
provide an implementation plan for this mechanism to Congress 
within 90 days after October 11, 2010.

(Pub. L. 111-267, title VII, Sec. 703, Oct. 11, 2010, 124 Stat. 
2830.)

Sec. 18373. Decadal Survey missions implementation for Earth 
                    observation

    The Administrator shall undertake to implement, as 
appropriate, missions identified in the National Research 
Council's Earth Science Decadal Survey within the scope of the 
funds authorized for the Earth Science Mission Directorate.

(Pub. L. 111-267, title VII, Sec. 704, Oct. 11, 2010, 124 Stat. 
2831.)

Sec. 18374. Instrument test-beds and venture class missions

    The Administrator shall pursue innovative ways to fly 
instrument-level payloads for early demonstration or as 
comanifested [sic] payloads. The Congress encourages the use of 
the ISS as an accessible platform for the conduct of such 
activities. Additionally, in order to address the cost and 
schedule challenges associated with large flight systems, NASA 
should pursue smaller systems where practicable and warranted.

(Pub. L. 111-267, title VII, Sec. 706, Oct. 11, 2010, 124 Stat. 
2831.)

CHAPTER 159, SUBCHAPTER VII OF TITLE 42, U.S.C.

CHAPTER 159, SUBCHAPTER VII OF TITLE 42, U.S.C.

                     Subchapter VII--Space Science

Sec. 18381. Technology development

    The Administrator shall ensure that the Science Mission 
Directorate maintains a long term technology development 
program for space and Earth science. This effort should be 
coordinated with an overall Agency technology investment 
approach, as authorized in section 905 of this Act.

(Pub. L. 111-267, title VIII, Sec. 801, Oct. 11, 2010, 124 
Stat. 2832.)

                           REFERENCES IN TEXT

    Section 905 of this Act, referred to in text, is Pub. L. 
111-267, title IX, Sec. 905, Oct. 11, 2010, 124 Stat. 2836, 
which is not classified to the Code.

Sec. 18382. Suborbital research activities

    (a) In General.--The report of the National Academy of 
Sciences, Revitalizing NASA's Suborbital Program: Advancing 
Science, Driving Innovation and Developing Workforce, found 
that suborbital science missions were absolutely critical to 
building an aerospace workforce capable of meeting the needs of 
current and future human and robotic space exploration.
    (b) Management.--The Administrator shall designate an 
officer or employee of the Science Mission Directorate to act 
as the responsible official for all Suborbital Research in the 
Science Mission Directorate. The designee shall be responsible 
for the development of short- and long term strategic plans for 
maintaining, renewing and extending suborbital facilities and 
capabilities, monitoring progress towards goals in the plans, 
and be responsible for integration of suborbital activities and 
workforce development within the agency, thereby ensuring the 
long term recognition of their combined value to the 
directorate, to NASA, and to the Nation.
    (c) Establishment of Suborbital Research Program.--The 
Administrator shall establish a Suborbital Research Program 
within the Science Mission Directorate that shall include the 
use of sounding rockets, aircraft, high altitude balloons, 
suborbital reusable launch vehicles, and commercial launch 
vehicles to advance science and train the next generation of 
scientists and engineers in systems engineering and systems 
integration which are vital to maintaining critical skills in 
the aerospace workforce. The program shall integrate existing 
suborbital research programs with orbital missions at the 
discretion of the designated officer or employee and shall 
emphasize the participation of undergraduate and graduate 
students and post-doctoral researchers when formulating 
announcements of opportunity.
    (d) Report.--The Administrator shall report to the 
appropriate committees of Congress on the number and type of 
suborbital missions conducted in each fiscal year and the 
number of undergraduate and graduate students participating in 
the missions. The report shall be made annually for each fiscal 
year under this section.
    (e) Authorization.--There are authorized to be appropriated 
to the Administrator such sums as may be necessary to carry out 
this section.

(Pub. L. 111-267, title VIII, Sec. 802, Oct. 11, 2010, 124 
Stat. 2832.)

Sec. 18383. In-space servicing

    The Administrator shall continue to take all necessary 
steps to ensure that provisions are made for in-space or human 
servicing and repair of all future observatory-class scientific 
spacecraft intended to be deployed in Earth-orbit or at a 
Lagrangian point to the extent practicable and appropriate. The 
Administrator should ensure that agency investments and future 
capabilities for space technology, robotics, and human space 
flight take the ability to service and repair these spacecraft 
into account, where appropriate, and incorporate such 
capabilities into design and operational plans.

(Pub. L. 111-267, title VIII, Sec. 804, Oct. 11, 2010, 124 
Stat. 2833.)

Sec. 18384. Decadal results

    NASA shall take into account the current decadal surveys 
from the National Academies' Space Studies Board when 
submitting the President's budget request to the Congress.

(Pub. L. 111-267, title VIII, Sec. 805, Oct. 11, 2010, 124 
Stat. 2833.)

Sec. 18385. On-going restoration of radioisotope thermoelectric 
                    generator material production

    (a) Findings.--The Congress finds the following:
          (1) The United States has led the world in the 
        scientific exploration of space for nearly 50 years.
          (2) Missions such as Viking, Voyager, Cassini, and 
        New Horizons have greatly expanded knowledge of our 
        solar system and planetary characteristics and 
        evolution.
          (3) Radioisotope power systems are the only available 
        power sources for deep space missions making it 
        possible to travel to such distant destinations as 
        Mars, Jupiter, Saturn, Pluto, and beyond and maintain 
        operational control and systems viability for extended 
        mission durations.
          (4) Current radioisotope power systems supplies and 
        production will not fully support NASA missions planned 
        even in the next decade and, without a new domestic 
        production capability, the United States will no longer 
        have the means to explore the majority of the solar 
        system by the end of this decade.
          (5) Continuing to rely on Russia or other foreign 
        sources for radioisotope power system fuel production 
        is not a secure option.
          (6) Reestablishing domestic production will require a 
        long lead-time. Thus, meeting future space exploration 
        mission needs requires that a restart project begin at 
        the earliest opportunity.
    (b) In General.--The Administrator shall, in coordination 
with the Secretary of Energy, pursue a joint approach beginning 
in fiscal year 2011 towards restarting and sustaining the 
domestic production of radioisotope thermoelectric generator 
material for deep space and other science and exploration 
missions. Funds authorized by this chapter for NASA shall be 
made available under a reimbursable agreement with the 
Department of Energy for the purpose of reestablishing 
facilities to produce fuel required for radioisotope 
thermoelectric generators to enable future missions.
    (c) Report.--Within 120 days after October 11, 2010, the 
Administrator and the Secretary of Energy shall submit a joint 
report to the appropriate committees of Congress on coordinated 
agreements, planned implementation, and anticipated schedule, 
production quantities, and mission applications under this 
section.

(Pub. L. 111-267, title VIII, Sec. 806, Oct. 11, 2010, 124 
Stat. 2833.)

Sec. 18386. Collaboration with ESMD and SOMD on robotic missions

    The Administrator shall ensure that the Exploration Systems 
Mission Directorate and the Space Operations Mission 
Directorate coordinate with the Science Mission Directorate on 
an overall approach and plan for interagency and international 
collaboration on robotic missions that are NASA or 
internationally developed, including lunar, Lagrangian, near-
Earth orbit, and Mars spacecraft, such as the International 
Lunar Network. Within 90 days after October 11, 2010, the 
Administrator shall provide a plan to the appropriate 
committees of Congress for implementation of the collaborative 
approach required by this section. The Administrator may not 
cancel or initiate any Exploration Systems Mission Directorate 
or Science Mission Directorate robotic project before the plan 
is submitted to the appropriate committees of Congress.

(Pub. L. 111-267, title VIII, Sec. 807, Oct. 11, 2010, 124 
Stat. 2834.)

Sec. 18387. Near-Earth object survey and policy with respect to threats 
                    posed

    (a) Policy Reaffirmation.--Congress reaffirms the policy 
set forth in section 20102(g) of title 51 relating to surveying 
near-Earth asteroids and comets.
    (b) Implementation.--The Director of the OSTP shall 
implement, before September 30, 2012, a policy for notifying 
Federal agencies and relevant emergency response institutions 
of an impending near-Earth object threat if near-term public 
safety is at risk, and assign a Federal agency or agencies to 
be responsible for protecting the United States and working 
with the international community on such threats.

(Pub. L. 111-267, title VIII, Sec. 808, Oct. 11, 2010, 124 
Stat. 2834.)

                              CODIFICATION

    In subsec. (a), ``section 20102(g) of title 51'' 
substituted for ``section 102(g) of the National Aeronautics 
and Space Act of 1958 (42 U.S.C. 2451(g))'' on authority of 
Pub. L. 111-314, Sec. 5(e), Dec. 18, 2010, 124 Stat. 3443, 
which Act enacted Title 51, National and Commercial Space 
Programs.

Sec. 18388. Space weather

    (a) Findings.--The Congress finds the following:
          (1) Space weather events pose a significant threat to 
        modern technological systems.
          (2) The effects of severe space weather events on the 
        electric power grid, telecommunications and 
        entertainment satellites, airline communications during 
        polar routes, and space-based position, navigation and 
        timing systems could have significant societal, 
        economic, national security, and health impacts.
          (3) Earth and Space Observing satellites, such as the 
        Advanced Composition Explorer, Geostationary 
        Operational Environmental Satellites, Polar Operational 
        Environmental Satellites, and Defense Meteorological 
        Satellites, provide crucial data necessary to predict 
        space weather events.
    (b) Action Required.--The Director of OSTP shall--
          (1) improve the Nation's ability to prepare, avoid, 
        mitigate, respond to, and recover from potentially 
        devastating impacts of space weather events;
          (2) coordinate the operational activities of the 
        National Space Weather Program Council members, 
        including the NOAA Space Weather Prediction Center and 
        the U.S. Air Force Weather Agency; and
          (3) submit a report to the appropriate committees of 
        Congress within 180 days after October 11, 2010, that--
                  (A) details the current data sources, both 
                space- and ground-based, that are necessary for 
                space weather forecasting; and
                  (B) details the space- and ground-based 
                systems that will be required to gather data 
                necessary for space weather forecasting for the 
                next 10 years.

(Pub. L. 111Sec. 267, title VIII, Sec. 809, Oct. 11, 2010, 124 
Stat. 2834.)

  EX. ORD. NO. 13744. COORDINATING EFFORTS TO PREPARE THE NATION FOR 
                          SPACE WEATHER EVENTS

    Ex. Ord. No. 13744, Oct. 13, 2016, 81 F.R. 71573, provided: 
By the authority vested in me as President by the Constitution 
and the laws of the United States of America, and to prepare 
the Nation for space weather events, it is hereby ordered as 
follows:
    Section 1. Policy. Space weather events, in the form of 
solar flares, solar energetic particles, and geomagnetic 
disturbances, occur regularly, some with measurable effects on 
critical infrastructure systems and technologies, such as the 
Global Positioning System (GPS), satellite operations and 
communication, aviation, and the electrical power grid. Extreme 
space weather events--those that could significantly degrade 
critical infrastructure--could disable large portions of the 
electrical power grid, resulting in cascading failures that 
would affect key services such as water supply, healthcare, and 
transportation. Space weather has the potential to 
simultaneously affect and disrupt health and safety across 
entire continents. Successfully preparing for space weather 
events is an all-of-nation endeavor that requires partnerships 
across governments, emergency managers, academia, the media, 
the insurance industry, non-profits, and the private sector.
    It is the policy of the United States to prepare for space 
weather events to minimize the extent of economic loss and 
human hardship. The Federal Government must have (1) the 
capability to predict and detect a space weather event, (2) the 
plans and programs necessary to alert the public and private 
sectors to enable mitigating actions for an impending space 
weather event, (3) the protection and mitigation plans, 
protocols, and standards required to reduce risks to critical 
infrastructure prior to and during a credible threat, and (4) 
the ability to respond to and recover from the effects of space 
weather. Executive departments and agencies (agencies) must 
coordinate their efforts to prepare for the effects of space 
weather events.
    Sec. 2. Objectives. This order defines agency roles and 
responsibilities and directs agencies to take specific actions 
to prepare the Nation for the hazardous effects of space 
weather. These activities are to be implemented in conjunction 
with those identified in the 2015 National Space Weather Action 
Plan (Action Plan) and any subsequent updates. Implementing 
this order and the Action Plan will require the Federal 
Government to work across agencies and to develop, as 
appropriate, enhanced and innovative partnerships with State, 
tribal, and local governments; academia; non-profits; the 
private sector; and international partners. These efforts will 
enhance national preparedness and speed the creation of a 
space-weather-ready Nation.
    Sec. 3. Coordination. (a) The Director of the Office of 
Science and Technology Policy (OSTP), in consultation with the 
Assistant to the President for Homeland Security and 
Counterterrorism and the Director of the Office of Management 
and Budget (OMB), shall coordinate the development and 
implementation of Federal Government activities to prepare the 
Nation for space weather events, including the activities 
established in section 5 of this order and the recommendations 
of the National Science and Technology Council (NSTC), 
established by Executive Order 12881 of November 23, 1993 
(Establishment of the National Science and Technology Council).
    (b) To ensure accountability for and coordination of 
research, development, and implementation of activities 
identified in this order and in the Action Plan, the NSTC shall 
establish a Space Weather Operations, Research, and Mitigation 
Subcommittee (Subcommittee). The Subcommittee member agencies 
shall conduct activities to advance the implementation of this 
order, to achieve the goals identified in the 2015 National 
Space Weather Strategy and any subsequent updates, and to 
coordinate and monitor the implementation of the activities 
specified in the Action Plan and provide subsequent updates.
    Sec. 4. Roles and Responsibilities. To the extent permitted 
by law, the agencies below shall adopt the following roles and 
responsibilities, which are key to ensuring enhanced space 
weather forecasting, situational awareness, space weather 
preparedness, and continuous Federal Government operations 
during and after space weather events.
    (a) The Secretary of Defense shall ensure the timely 
provision of operational space weather observations, analyses, 
forecasts, and other products to support the mission of the 
Department of Defense and coalition partners, including the 
provision of alerts and warnings for space weather phenomena 
that may affect weapons systems, military operations, or the 
defense of the United States.
    (b) The Secretary of the Interior shall support the 
research, development, deployment, and operation of 
capabilities that enhance the understanding of variations of 
the Earth's magnetic field associated with solar-terrestrial 
interactions.
    (c) The Secretary of Commerce shall:
    (i) provide timely and accurate operational space weather 
forecasts, watches, warnings, alerts, and real-time space 
weather monitoring for the government, civilian, and commercial 
sectors, exclusive of the responsibilities of the Secretary of 
Defense; and
    (ii) ensure the continuous improvement of operational space 
weather services, utilizing partnerships, as appropriate, with 
the research community, including academia and the private 
sector, and relevant agencies to develop, validate, test, and 
transition space weather observation platforms and models from 
research to operations and from operations to research.
    (d) The Secretary of Energy shall facilitate the protection 
and restoration of the reliability of the electrical power grid 
during a presidentially declared grid security emergency 
associated with a geomagnetic disturbance pursuant to 16 U.S.C. 
824o-1.
    (e) The Secretary of Homeland Security shall:
    (i) ensure the timely redistribution of space weather 
alerts and warnings that support national preparedness, 
continuity of government, and continuity of operations; and
    (ii) coordinate response and recovery from the effects of 
space weather events on critical infrastructure and the broader 
community.
    (f) The Administrator of the National Aeronautics and Space 
Administration (NASA) shall:
    (i) implement and support a national research program to 
understand the Sun and its interactions with Earth and the 
solar system to advance space weather modeling and prediction 
capabilities applicable to space weather forecasting;
    (ii) develop and operate space-weather-related research 
missions, instrument capabilities, and models; and
    (iii) support the transition of space weather models and 
technology from research to operations and from operations to 
research.
    (g) The Director of the National Science Foundation (NSF) 
shall support fundamental research linked to societal needs for 
space weather information through investments and partnerships, 
as appropriate.
    (h) The Secretary of State, in consultation with the heads 
of relevant agencies, shall carry out diplomatic and public 
diplomacy efforts to strengthen global capacity to respond to 
space weather events.
    (i) The Secretaries of Defense, the Interior, Commerce, 
Transportation, Energy, and Homeland Security, along with the 
Administrator of NASA and the Director of NSF, shall work 
together, consistent with their ongoing activities, to develop 
models, observation systems, technologies, and approaches that 
inform and enhance national preparedness for the effects of 
space weather events, including how space weather events may 
affect critical infrastructure and change the threat landscape 
with respect to other hazards.
    (j) The heads of all agencies that support National 
Essential Functions, defined by Presidential Policy Directive 
40 (PPD-40) of July 15, 2016 (National Continuity Policy), 
shall ensure that space weather events are adequately addressed 
in their all-hazards preparedness planning, including 
mitigation, response, and recovery, as directed by PPD-8 of 
March 30, 2011 (National Preparedness).
    (k) NSTC member agencies shall coordinate through the NSTC 
to establish roles and responsibilities beyond those identified 
in section 4 of this order to enhance space weather 
preparedness, consistent with each agency's legal authority.
    Sec. 5. Implementation.
    (a) Within 120 days of the date of this order, the 
Secretary of Energy, in consultation with the Secretary of 
Homeland Security, shall develop a plan to test and evaluate 
available devices that mitigate the effects of geomagnetic 
disturbances on the electrical power grid through the 
development of a pilot program that deploys such devices, in 
situ, in the electrical power grid. After the development of 
the plan, the Secretary shall implement the plan in 
collaboration with industry. In taking action pursuant to this 
subsection, the Secretaries of Energy and Homeland Security 
shall consult with the Chairman of the Federal Energy 
Regulatory Commission.
    (b) Within 120 days of the date of this order, the heads of 
the sector-specific agencies that oversee the lifeline critical 
infrastructure functions as defined by the National 
Infrastructure Protection Plan of 2013--including 
communications, energy, transportation, and water and 
wastewater systems--as well as the Nuclear Reactors, Materials, 
and Waste Sector, shall assess their executive and statutory 
authority, and limits of that authority, to direct, suspend, or 
control critical infrastructure operations, functions, and 
services before, during, and after a space weather event. The 
heads of each sector-specific agency shall provide a summary of 
these assessments to the Subcommittee.
    (c) Within 90 days of receipt of the assessments ordered in 
section 5(b) of this order, the Subcommittee shall provide a 
report on the findings of these assessments with 
recommendations to the Director of OSTP, the Assistant to the 
President for Homeland Security and Counterterrorism, and the 
Director of OMB. The assessments may be used to inform the 
development and implementation of policy establishing 
authorities and responsibilities for agencies in response to a 
space weather event.
    (d) Within 60 days of the date of this order, the 
Secretaries of Defense and Commerce, the Administrator of NASA, 
and the Director of NSF, in collaboration with other agencies 
as appropriate, shall identify mechanisms for advancing space 
weather observations, models, and predictions, and for 
sustaining and transitioning appropriate capabilities from 
research to operations and operations to research, 
collaborating with industry and academia to the extent 
possible.
    (e) Within 120 days of the date of this order, the 
Secretaries of Defense and Commerce shall make historical data 
from the GPS constellation and other U.S. Government satellites 
publicly available, in accordance with Executive Order 13642 of 
May 9, 2013 (Making Open and Machine Readable the New Default 
for Government Information), to enhance model validation and 
improvements in space weather forecasting and situational 
awareness.
    (f) Within 120 days of the date of this order, the 
Secretary of Homeland Security, through the Administrator of 
the Federal Emergency Management Agency and in coordination 
with relevant agencies, shall lead the development of a 
coordinated Federal operating concept and associated checklist 
to coordinate Federal assets and activities to respond to 
notification of, and protect against, impending space weather 
events. Within 180 days of the publication of the operating 
concept and checklist, agencies shall develop operational plans 
documenting their procedures and responsibilities to prepare 
for, protect against, and mitigate the effects of impending 
space weather events, in support of the Federal operating 
concept and compatible with the National Preparedness System 
described in PPD-8.
    Sec. 6. Stakeholder Engagement. The agencies identified in 
this order shall seek public-private and international 
collaborations to enhance observation networks, conduct 
research, develop prediction models and mitigation approaches, 
enhance community resilience and preparedness, and supply the 
services necessary to protect life and property and promote 
economic prosperity, as consistent with law.
    Sec. 7. Definitions. As used in this order:
    (a) ``Prepare'' and ``preparedness'' have the same meaning 
they have in PPD-8. They refer to the actions taken to plan, 
organize, equip, train, and exercise to build and sustain the 
capabilities necessary to prevent, protect against, mitigate 
the effects of, respond to, and recover from those threats that 
pose the greatest risk to the security of the Nation. This 
includes the prediction and notification of space weather 
events.
    (b) ``Space weather'' means variations in the space 
environment between the Sun and Earth (and throughout the solar 
system) that can affect technologies in space and on Earth. The 
primary types of space weather events are solar flares, solar 
energetic particles, and geomagnetic disturbances.
    (c) ``Solar flare'' means a brief eruption of intense 
energy on or near the Sun's surface that is typically 
associated with sunspots.
    (d) ``Solar energetic particles'' means ions and electrons 
ejected from the Sun that are typically associated with solar 
eruptions.
    (e) ``Geomagnetic disturbance'' means a temporary 
disturbance of Earth's magnetic field resulting from solar 
activity.
    (f) ``Critical infrastructure'' has the meaning provided in 
section 1016(e) of the USA Patriot Act of 2001 (42 U.S.C. 
5195c(e)), namely systems and assets, whether physical or 
virtual, so vital to the United States that the incapacity or 
destruction of such systems and assets would have a 
debilitating impact on security, national economic security, 
national public health or safety, or any combination of those 
matters.
    (g) ``Sector-Specific Agency'' means the agencies 
designated under PPD-21 of February 12, 2013 (Critical 
Infrastructure Security and Resilience), or any successor 
directive, to be responsible for providing institutional 
knowledge and specialized expertise as well as leading, 
facilitating, or supporting the security and resilience 
programs and associated activities of its designated critical 
infrastructure sector in the all-hazards environment.
    Sec. 8. General Provisions.
    (a) Nothing in this order shall be construed to impair or 
otherwise affect:
    (i) the authority granted by law to an agency, or the head 
thereof; or
    (ii) the functions of the Director of OMB relating to 
budgetary, administrative, or legislative proposals.
    (b) This order shall be implemented consistent with 
applicable law and subject to the availability of 
appropriations.
    (c) This order is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at law 
or in equity by any party against the United States, its 
departments, agencies, or entities, its officers, employees, or 
agents, or any other person.

                                                      Barack Obama.

CHAPTER 159, SUBCHAPTER VIII OF TITLE 42, U.S.C.

CHAPTER 159, SUBCHAPTER VIII OF TITLE 42, U.S.C.

           Subchapter VIII--Aeronautics and Space Technology

Sec. 18401. Aeronautics research goals

    The Administrator should ensure that NASA maintains a 
strong aeronautics research portfolio ranging from fundamental 
research through systems research with specific research goals, 
including the following:
          (1) Airspace capacity.--NASA's Aeronautics Research 
        Mission Directorate shall address research needs of the 
        Next Generation Air Transportation System, including 
        the ability of the National Airspace System to handle 
        up to 3 times the current travel demand by 2025.
          (2) Environmental sustainability.--The Directorate 
        shall consider and pursue concepts to reduce noise, 
        emissions, and fuel consumption while maintaining high 
        safety standards and shall pursue research related to 
        alternative fuels.
          (3) Aviation safety.--The Directorate shall 
        proactively address safety challenges with new and 
        current air vehicles and with operations in the 
        Nation's current and future air transportation system.

(Pub. L. 111-267, title IX, Sec. 902, Oct. 11, 2010, 124 Stat. 
2835.)

Sec. 18402. Research collaboration

    (a) Department of Defense.--The Administrator shall 
continue to coordinate with the Secretary of Defense, through 
the National Partnership for Aeronautics Testing, to develop 
and implement joint plans for those elements of the Nation's 
research, development, testing, and engineering infrastructure 
that are of common interest and use.
    (b) Federal Aviation Administration.--The Administrator 
shall continue to coordinate with, and work closely with, the 
Administrator of the Federal Aviation Administration, under the 
framework of the Senior Policy Council, in development of the 
Next Generation Air Transportation Program. The Administrator 
shall encourage the Council to explore areas for greater 
collaboration, including areas where NASA can help to 
accelerate the development and demonstration of NextGen 
technologies.

(Pub. L. 111-267, title IX, Sec. 903, Oct. 11, 2010, 124 Stat. 
2835.)

Sec. 18403. Goal for Agency space technology

    It is critical that NASA maintain an Agency space 
technology base that helps align mission directorate 
investments and supports long term needs to complement mission-
directorate funded research and support, where appropriate, 
multiple users, building upon its Innovative Partnerships 
Program and other partnering approaches.

(Pub. L. 111-267, title IX, Sec. 904, Oct. 11, 2010, 124 Stat. 
2836.)

Sec. 18404. National space technology policy

    (a) In General.--The President or the President's designee, 
in consultation with appropriate Federal agencies, shall 
develop a national policy to guide the space technology 
development programs of the United States through 2020. The 
policy shall include national goals for technology development 
and shall describe the role and responsibilities of each 
Federal agency that will carry out the policy. In developing 
the policy, the President or the President's designee shall 
utilize external studies that have been conducted on the state 
of United States technology development and have suggested 
policies to ensure continued competitiveness.
    (b) Content.--
          (1) At a minimum, the national space technology 
        development policy shall describe for NASA--
                  (A) the priority areas of research for 
                technology investment;
                  (B) the basis on which and the process by 
                which priorities for ensuing fiscal years will 
                be selected;
                  (C) the facilities and personnel needed to 
                carry out the technology development program; 
                and
                  (D) the budget assumptions on which the 
                policy is based, which for fiscal years 2011, 
                2012, and 2013 shall be the authorized level 
                for NASA's technology program authorized by 
                this chapter.
          (2) The policy shall be based on the premise that the 
        Federal Government has an established interest in 
        conducting research and development programs that help 
        preserve the role of the United States as a global 
        leader in space technologies and their application.
          (3) Considerations.--In developing the national space 
        technology development policy, the President or the 
        President's designee shall consider, and include a 
        discussion in the report required by subsection (c), of 
        the following issues:
                  (A) The extent to which NASA should focus on 
                long term, high-risk research or more 
                incremental technology development, and the 
                expected impact of that decision on the United 
                States economy.
                  (B) The extent to which NASA should address 
                military and commercial needs.
                  (C) How NASA will coordinate its technology 
                program with other Federal agencies.
                  (D) The extent to which NASA will conduct 
                research in-house, fund university research, 
                and collaborate on industry research and the 
                expected impact of that mix of funding on the 
                supply of United States workers for industry.
          (4) Consultation.--In the development of the national 
        space technology development policy, the President or 
        the President's designee shall consult widely with 
        academic and industry experts and with other Federal 
        agencies. The Administrator may enter into an 
        arrangement with the National Academy of Sciences to 
        help develop the policy.
    (c) Report.--
          (1) Policy.--Not later than 1 year after October 11, 
        2010, the President shall transmit a report setting 
        forth national space technology policy to the 
        appropriate committees of Congress and to the Senate 
        Committee on Appropriations and the House of 
        Representatives Committee on Appropriations.
          (2) Implementation.--Not later than 60 days after the 
        President transmits the report required by paragraph 
        (1) to the Congress, the Administrator shall transmit a 
        report to the same committees describing how NASA will 
        carry out the policy.

(Pub. L. 111-267, title IX, Sec. 906, Oct. 11, 2010, 124 Stat. 
2836.)

Sec. 18405. Commercial Reusable Suborbital Research Program

    (a) In General.--The report of the National Academy of 
Sciences, revitalizing NASA's suborbital program: Advancing 
Science, Driving Innovation and Developing Workforce, found 
that suborbital science missions were absolutely critical to 
building an aerospace workforce capable of meeting the needs of 
current and future human and robotic space exploration.
    (b) Management.--The Administrator shall designate an 
officer or employee of the Space Technology Program to act as 
the responsible official for the Commercial Reusable Suborbital 
Research Program in the Space Technology Program. The designee 
shall be responsible for the development of short- and long 
term strategic plans for maintaining, renewing and extending 
suborbital facilities and capabilities.
    (c) Establishment.--The Administrator shall establish a 
Commercial Reusable Suborbital Research Program within the 
Space Technology Program that shall fund the development of 
payloads for scientific research, technology development, and 
education, and shall provide flight opportunities for those 
payloads to microgravity environments and suborbital altitudes. 
The Commercial Reusable Suborbital Research Program may fund 
engineering and integration demonstrations, proofs of concept, 
or educational experiments for commercial reusable vehicle 
flights. The program shall endeavor to work with NASA's Mission 
Directorates to help achieve NASA's research, technology, and 
education goals.
    (d) Report.--The Administrator shall submit a report 
annually to the appropriate committees of Congress describing 
progress in carrying out the Commercial Reusable Suborbital 
Research program, including the number and type of suborbital 
missions planned in each fiscal year.
    (e) Authorization.--There are authorized to be appropriated 
to the Administrator $15,000,000 for each of fiscal years 2011 
through 2013 to carry out this section.

(Pub. L. 111-267, title IX, Sec. 907, Oct. 11, 2010, 124 Stat. 
2837.)

CHAPTER 159, SUBCHAPTER IX OF TITLE 42, U.S.C.

CHAPTER 159, SUBCHAPTER IX OF TITLE 42, U.S.C.

                        Subchapter IX--Education

Sec. 18421. Study of potential commercial orbital platform program 
                    impact on science, technology, engineering, and 
                    mathematics

    A fundamental and unique capability of NASA is in 
stimulating science, technology, engineering, and mathematics 
education in the United States. In ensuring maximum use of that 
capability, the Administrator shall carry out a study to--
          (1) identify the benefits of and lessons learned from 
        ongoing and previous NASA orbital student programs 
        including, at a minimum, the Get Away Special (GAS) and 
        Earth Knowledge Acquired by Middle School Students 
        (EarthKAM) programs, on science, technology, 
        engineering, and mathematics education;
          (2) assess the potential impacts on science, 
        technology, engineering, and mathematics education of a 
        program that would facilitate the development of 
        scientific and educational payloads involving United 
        States students and educators and the flights of those 
        payloads on commercially available orbital platforms, 
        when available and operational, with the goal of 
        providing frequent and regular payload launches;
          (3) identify NASA expertise, such as NASA science, 
        engineering, payload development, and payload 
        operations, that could be made available to facilitate 
        a science, technology, engineering, and mathematics 
        program using commercial orbital platforms; and
          (4) identify the issues that would need to be 
        addressed before NASA could properly assess the merits 
        and feasibility of the program described in paragraph 
        (2).

(Pub. L. 111-267, title X, Sec. 1003, Oct. 11, 2010, 124 Stat. 
2838; Pub. L. 111-358, title II, Sec. 205(a), Jan. 4, 2011, 124 
Stat. 3995.)

                               AMENDMENTS

    2011--Pub. L. 111-358 amended section generally. Prior to 
amendment, text read as follows: ``A fundamental and unique 
capability of NASA is in stimulating science, technology, 
engineering, and mathematics education in the United States. In 
ensuring maximum use of that capability, NASA shall--
    ``(1) establish a program to annually sponsor scientific 
and educational payloads developed with United States student 
and educator involvement to be flown on commercially available 
orbital platforms, when available and operational, with the 
goal of launching at least 50 such payloads (with at least one 
from each of the 50 States) to orbit on at least one mission 
per year;
    ``(2) contract with providers of commercial orbital 
platform services for their use by the STEM Commercial Orbital 
Platform program, preceded by the issuance of a request for 
proposal, not later than 90 days after October 11, 2010, to 
enter into at least one funded, competitively-awarded contract 
for commercial orbital platform services and make awards within 
180 days after such date; and
    ``(3) engage with United States students and educators and 
make available NASA's science, engineering, payload 
development, and payload operations expertise to student teams 
selected to participate in the STEM-Commercial Orbital Platform 
program.''

                    EFFECTIVE DATE OF 2011 AMENDMENT

    Pub. L. 111-358, title II, Sec. 205(c), Jan. 4, 2011, 124 
Stat. 3996, provided that: ``The amendment made by subsection 
(a) [amending this section] shall take effect on October 12, 
2010.''

CHAPTER 159, SUBCHAPTER X OF TITLE 42, U.S.C.

CHAPTER 159, SUBCHAPTER X OF TITLE 42, U.S.C.

  Subchapter X--Re-Scoping and Revitalizing Institutional Capabilities

Sec. 18431. Workforce stabilization and critical skills preservation

    Prior to receipt by the Congress of the study, 
recommendations, and implementation strategy developed pursuant 
to section 1103, none of the funds authorized for use under 
this Act may be used to transfer the functions, missions, or 
activities, and associated civil service and contractor 
positions, from any NASA facility without authorization by the 
Congress to implement the proposed strategy. The Administrator 
shall preserve the critical skills and competencies in place at 
NASA centers prior to October 11, 2010, in order to facilitate 
timely implementation of the requirements of this chapter and 
to minimize disruption to the workforce. The Administrator may 
not implement any reduction-in-force or other involuntary 
separations of permanent, non-Senior-Executive-Service, civil 
servant employees before September 30, 2013, except for cause 
on charges of misconduct, delinquency, or inefficiency.

(Pub. L. 111-267, title XI, Sec. 1105, Oct. 11, 2010, 124 Stat. 
2840.)

                           REFERENCES IN TEXT

    Section 1103, referred to in text, is Pub. L. 111-267, 
title XI, Sec. 1103, Oct. 11, 2010, 124 Stat. 2840, which is 
not classified to the Code.
    This Act, referred to in text, is Pub. L. 111-267, Oct. 11, 
2010, 124 Stat. 2805, known as the National Aeronautics and 
Space Administration Authorization Act of 2010, which enacted 
this chapter (Sec. 18301 et seq.) and various other provisions, 
including provisions authorizing appropriations, which were not 
classified to the Code. For complete classification of this Act 
to the Code, see Short Title note set out under section 18301 
of this title and Tables.

CHAPTER 159, SUBCHAPTER XI OF TITLE 42, U.S.C.

CHAPTER 159, SUBCHAPTER XI OF TITLE 42, U.S.C.

                      Subchapter XI--Other Matters

Sec. 18441. National and international orbital debris mitigation

    (a) Findings.--Congress makes the following findings:
          (1) A national and international effort is needed to 
        develop a coordinated approach towards the prevention, 
        negation, and removal of orbital debris.
          (2) The guidelines issued by the Inter-Agency Space 
        Debris Coordination Committee provide a consensus 
        understanding of 10 national space agencies (including 
        NASA) plus the European Space Agency on the necessity 
        of mitigating the creation of space debris and measures 
        for doing so. NASA's participation on the Committee 
        should be robust, and NASA should urge other space-
        relevant Federal agencies (including the Departments of 
        State, Defense, and Commerce) to work to ensure that 
        their counterpart agencies in foreign governments are 
        aware of these national commitments and the importance 
        in which the United States holds them.
          (3) Key components of such an approach should 
        include--
                  (A) a process for debris prevention through 
                agreements regarding spacecraft design, 
                operations, and end-of-life disposition plans 
                to minimize orbiting vehicles or elements which 
                are nonfunctional;
                  (B) the development of a robust Space 
                Situational Awareness network that can identify 
                potential collisions and provide sufficient 
                trajectory and orbital data to enable avoidance 
                maneuvers;
                  (C) the interagency development of an overall 
                strategy for review by the President, with 
                recommendations for proposed international 
                collaborative efforts to address this 
                challenge.
    (b) International Discussion.--
          (1) In general.--The Administrator shall, in 
        consultation with such other departments and agencies 
        of the Federal Government as the Administrator 
        considers appropriate, continue and strengthen 
        discussions with the representatives of other space-
        faring countries, within the Inter-Agency Space Debris 
        Coordination Committee and elsewhere, to deal with this 
        orbital debris mitigation.
          (2) Interagency effort.--For purposes of carrying out 
        this subsection, the Director of OSTP, in coordination 
        with the Director of the National Security Council and 
        using the President's Council of Advisors on Science 
        and Technology coordinating mechanism, shall develop an 
        overall strategy for review by the President, with 
        recommendations for proposed international 
        collaborative efforts to address this challenge.

(Pub. L. 111-267, title XII, Sec. 1202, Oct. 11, 2010, 124 
Stat. 2841.)

Sec. 18442. Reports on program and cost assessment and control 
                    assessment

    (a) Findings.--Congress makes the following findings:
          (1) The adherence of NASA to program cost and 
        schedule targets and discipline across NASA programs 
        remains a concern.
          (2) The James Webb Space Telescope has exceeded its 
        cost estimate.
          (3) In 2007 the Government Accountability Office 
        issued a report on NASA's high risk acquisition 
        performance.
          (4) In response, NASA prepared a corrective action 
        plan two years ago.
    (b) Reports.--
          (1) Reports required.--Not later than 90 days after 
        October 11, 2010, and not later than April 30 of each 
        year thereafter, the Administrator shall submit to the 
        appropriate committees of Congress a report on the 
        implementation during the preceding year for the 
        corrective action plan referred to in subsection 
        (a)(4).
          (2) Elements.--Each report under this subsection 
        shall set forth, for the year covered by such report, 
        the following:
                  (A) A description of each NASA program that 
                has exceeded its cost baseline by 15 percent or 
                more or is more than 2 years behind its 
                projected development schedule.
                  (B) For each program specified under 
                subparagraph (A), a plan for such decrease in 
                scope or requirements, or other measures, to be 
                undertaken to control cost and schedule, 
                including any cost monitoring or corrective 
                actions undertaken pursuant to the National 
                Aeronautics and Space Administration 
                Authorization Act of 2005 (Public Law 109-
                155),\1\ and the amendments made by that Act.

(Pub. L. 111-267, title XII, Sec. 1203, Oct. 11, 2010, 124 
Stat. 2841.)

                           REFERENCES IN TEXT

    The National Aeronautics and Space Administration 
Authorization Act of 2005, referred to in subsec. (b)(2)(B), is 
Pub. L. 109-155, Dec. 30, 2005, 119 Stat. 2895, which was 
classified principally to chapter 150 (Sec. 16601 et seq.) of 
this title and was substantially repealed and restated in 
chapters 305 (Sec. 30501 et seq.), 401 (Sec. 40101 et seq.), 
603 (Sec. 60301 et seq.) and 707 (Sec. 70701 et seq.) and 
sections 20301, 20302, 30103(a), (b), 30104, 30306, 30703, 
30704, 30902, 31301, 31501, 40701, 40904 to 40909, 50505, 
50116, 60505, 70501 to 70503, and 70902 to 70905 of Title 51, 
National and Commercial Space Programs, by Pub. L. 111-314, 
Sec. Sec. 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444. For 
complete classification of this Act to the Code, see Short 
Title of 2005 Act note set out under section 10101 of Title 51 
and Tables.

Sec. 18443. Eligibility for service of individual currently serving as 
                    Administrator of NASA

    The individual serving in the position of Administrator of 
the National Aeronautics and Space Administration as of October 
11, 2010, comes from civilian life and is therefore eligible to 
serve in such position, in conformance with section 20111 of 
title 51.

(Pub. L. 111-267, title XII, Sec. 1204, Oct. 11, 2010, 124 
Stat. 2842.)

                              CODIFICATION

    In text, ``section 20111 of title 51'' substituted for 
``section 202 of the National Aeronautics and Space Act of 1958 
(42 U.S.C. 2472(a))'' on authority of Pub. L. 111-314, 
Sec. 5(e), Dec. 18, 2010, 124 Stat. 3443, which Act enacted 
Title 51, National and Commercial Space Programs.

Sec. 18444. Counterfeit parts

    (a) In General.--The Administrator shall plan, develop, and 
implement a program, in coordination with other Federal 
agencies, to detect, track, catalog, and reduce the number of 
counterfeit electronic parts in the NASA supply chain.
    (b) Requirements.--In carrying out the program, the 
Administrator shall establish--
          (1) counterfeit part identification training for all 
        employees that procure, process, distribute, and 
        install electronic parts that will--
                  (A) teach employees how to identify 
                counterfeit parts;
                  (B) educate employees on procedures to follow 
                if they suspect a part is counterfeit;
                  (C) regularly update employees on new 
                threats, identification techniques, and 
                reporting requirements; and
                  (D) integrate industry associations, 
                manufacturers, suppliers, and other Federal 
                agencies, as appropriate;
          (2) an internal database to track all suspected and 
        confirmed counterfeit electronic parts that will 
        maintain, at a minimum--
                  (A) companies and individuals known and 
                suspected of selling counterfeit parts;
                  (B) parts known and suspected of being 
                counterfeit, including lot and date codes, part 
                numbers, and part images;
                  (C) countries of origin;
                  (D) sources of reporting;
                  (E) United States Customs seizures; and
                  (F) Government-Industry Data Exchange Program 
                reports and other public or private sector 
                database notifications; and
          (3) a mechanism to report all information on 
        suspected and confirmed counterfeit electronic parts to 
        law enforcement agencies, industry associations, and 
        other databases, and to issue bulletins to industry on 
        counterfeit electronic parts and related counterfeit 
        activity.
    (c) Review of Procurement and Acquisition Policy.--
          (1) In general.--In establishing the program, the 
        Administrator shall amend existing acquisition and 
        procurement policy to purchase electronic parts from 
        trusted or approved manufacturers. To determine trusted 
        or approved manufacturers, the Administrator shall 
        establish a list, assessed and adjusted at least 
        annually, and create criteria for manufacturers to meet 
        in order to be placed onto the list.
          (2) Criteria.--The criteria may include--
                   (A) authentication or encryption codes;
                  (B) embedded security markings in parts;
                  (C) unique, harder to copy labels and 
                markings;
                  (D) identifying distinct lot and serial codes 
                on external packaging;
                  (E) radio frequency identification embedded 
                into high-value parts;
                  (F) physical destruction of all defective, 
                damaged, and sub-standard parts that are by-
                products of the manufacturing process;
                  (G) testing certifications;
                  (H) maintenance of procedures for handling 
                any counterfeit parts that slip through;
                  (I) maintenance of secure facilities to 
                prevent unauthorized access to proprietary 
                information; and
                  (J) maintenance of product return, buy back, 
                and inventory control practices that limit 
                counterfeiting.
    (d) Report to Congress.--Within one year after October 11, 
2010, the Administrator shall report on the progress of 
implementing this section to the appropriate committees of 
Congress.

(Pub. L. 111-267, title XII, Sec. 1206, Oct. 11, 2010, 124 
Stat. 2843.)

Sec. 18445. Information security

    (a) Monitoring Risk.--
          (1) Update on system implementation.--Not later than 
        120 days after October 11, 2010, and on a biennial 
        basis thereafter, the chief information officer of 
        NASA, in coordination with other national security 
        agencies, shall provide to the appropriate committees 
        of Congress--
                  (A) an update on efforts to implement a 
                system to provide dynamic, comprehensive, real-
                time information regarding risk of unauthorized 
                remote, proximity, and insider use or access, 
                for all information infrastructure under the 
                responsibility of the chief information 
                officer, and mission-related networks, 
                including contractor networks;
                  (B) an assessment of whether the system has 
                demonstrably and quantifiably reduced network 
                risk compared to alternative methods of 
                measuring security; and
                  (C) an assessment of the progress that each 
                center and facility has made toward 
                implementing the system.
          (2) Existing assessments.--The assessments required 
        of the Inspector General under section 3545 of title 44 
        shall evaluate the effectiveness of the system 
        described in this subsection.
    (b) Information Security Awareness and Education.--
          (1) In general.--In consultation with the Department 
        of Education, other national security agencies, and 
        other agency directorates, the chief information 
        officer shall institute an information security 
        awareness and education program for all operators and 
        users of NASA information infrastructure, with the goal 
        of reducing unauthorized remote, proximity, and insider 
        use or access.
          (2) Program requirements.--
                  (A) The program shall include, at a minimum, 
                ongoing classified and unclassified threat-
                based briefings, and automated exercises and 
                examinations that simulate common attack 
                techniques.
                  (B) All agency employees and contractors 
                engaged in the operation or use of agency 
                information infrastructure shall participate in 
                the program.
                  (C) Access to NASA information infrastructure 
                shall only be granted to operators and users 
                who regularly satisfy the requirements of the 
                program.
                  (D) The chief human capital officer of NASA, 
                in consultation with the chief information 
                officer, shall create a system to reward 
                operators and users of agency information 
                infrastructure for continuous high achievement 
                in the program.
    (c) Information Infrastructure Defined.--In this section, 
the term ``information infrastructure'' means the underlying 
framework that information systems and assets rely on to 
process, transmit, receive, or store information 
electronically, including programmable electronic devices and 
communications networks and any associated hardware, software, 
or data.

(Pub. L. 111-267, title XII, Sec. 1207, Oct. 11, 2010, 124 
Stat. 2844.)

                           REFERENCES IN TEXT

    Section 3545 of title 44, referred to in subsec. (a)(2), 
was repealed by Pub. L. 113-283, Sec. 2(a), Dec. 18, 2014, 128 
Stat. 3073. Provisions similar to section 3545 of title 44 are 
now contained in section 3555 of title 44, as enacted by Pub. 
L. 113-283.

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                                 PART 2

                        INTERNATIONAL SPACE LAW

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INTERNATIONAL SPACE LAW

INTERNATIONAL SPACE LAW

    Part 2 contains several relevant pieces of international 
law to the understanding of space law. Where federal laws are 
binding only unto the domiciled citizens of a sovereign State, 
international law is binding unto all sovereign States who have 
agreed and consented to being bound to an agreement between two 
or more countries.
    Space law is an extension of international law, much like 
air, maritime, and laws of war. As previously mentioned in the 
Introduction, space law really came into being at around the 
time Sputnik was launched. That is not to say, however, that it 
was never before thought of. Many monographs and discussions 
took place decades before the 1967 signing of the seminal body 
of international space law--the Outer Space Treaty. Much of 
these discussions focused on militarization of airspace, how to 
define airspace and the border between airspace and outer 
space. After the adoption of the Antarctica Agreement and in 
the midst of decolonialization, the idea of making outer space 
a common place for all mankind came to become an important 
aspect of space law, and a central component of the Outer Space 
Treaty.
    In years following the Outer Space Treaty, subsequent 
treaties were also ratified by the United States and consented 
by the Senate. These subsequent treaties pertained to matters 
over making efforts to rescue astronauts, to impute liability 
to the sovereign State for any spacefaring activities conducted 
by a national or registered object of the sovereign State, and 
to register and identify any objects being placed into space 
with the United Nations.
    Detailed in Part 2, sections 1 through 6, are the 
fundamental treaties of space law: The Outer Space Treaty, The 
Rescue Agreement, The Liability Treaty, The Registration 
Treaty, The Moon Treaty, and the annexes of principles to the 
collection. The United States is party to each individual 
treaty apart from the Moon Treaty. The Moon Treaty is unique 
among these treaties in that none of the major space faring 
nations (including the U.S., Russia, China, Japan, India, or 
much of Europe) are party to the treaty. The primary reason for 
this was due to concerns that the treaty might preclude the 
exploitation of useful resources on the moon. Nonetheless, the 
treaty was ratified by the requisite number of nations to go 
into effect. The Moon Treaty represents, perhaps, the high-
water mark for international attempts to make all of outer 
space of common use to all mankind, and demonstrates the limits 
of convincing spacefaring nations to cede potential future 
commercial or national efforts to international control.
    Since this publication's objective was to provide legal 
information on space activities, international agreements on 
satellites, telecommunication, spectrum, were not included. Nor 
were any persuasive authorities on military space operations 
included.
    In concluding Part 2, Section 7 is the Vienna Convention on 
the Law of Treaties (VCLT). While this treaty is not binding 
against the United States, the U.S. State Department has 
publicly recognized the majority of the VCLT to be a matter of 
customary international law.\1\ We have chosen to include VCLT 
in this publication because this treaty, despite only being 
signed by the United States, is used by many international 
lawyers to interpret treaties, including the Outer Space 
Treaty. More information about VCLT and treaty interpretation 
is explained further by John Bergstresser in the commentary 
immediately following the section title.
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    \1\ Vienna Convention on the Law of Treaties. Retrieved September 
30, 2019, from https://2009-2017.state.gov/s/1/treaty/faqs/70139.htm.

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                               SECTION 1

                           OUTER SPACE TREATY

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INTERNATIONAL SPACE LAW

OUTER SPACE TREATY

    Treaty on Principles Governing the Activities of States in the 
   Exploration and Use of Outer Space, including the Moon and Other 
                            Celestial Bodies

    The States Parties to this Treaty,
    Inspired by the great prospects opening up before mankind 
as a result of man's entry into outer space,
    Recognizing the common interest of all mankind in the 
progress of the exploration and use of outer space for peaceful 
purposes,
    Believing that the exploration and use of outer space 
should be carried on for the benefit of all peoples 
irrespective of the degree of their economic or scientific 
development,
    Desiring to contribute to broad international cooperation 
in the scientific as well as the legal aspects of the 
exploration and use of outer space for peaceful purposes,
    Believing that such cooperation will contribute to the 
development of mutual understanding and to the strengthening of 
friendly relations between States and peoples,
    Recalling resolution 1962 (XVIII), entitled ``Declaration 
of Legal Principles Governing the Activities of States in the 
Exploration and Use of Outer Space'', which was adopted 
unanimously by the United Nations General Assembly on 13 
December 1963,
    Recalling resolution 1884 (XVIII), calling upon States to 
refrain from placing in orbit around the Earth any objects 
carrying nuclear weapons or any other kinds of weapons of mass 
destruction or from installing such weapons on celestial 
bodies, which was adopted unanimously by the United Nations 
General Assembly on 17 October 1963,
    Taking account of United Nations General Assembly 
resolution 110 (II) of 3 November 1947, which condemned 
propaganda designed or likely to provoke or encourage any 
threat to the peace, breach of the peace or act of aggression, 
and considering that the aforementioned resolution is 
applicable to outer space,
    Convinced that a Treaty on Principles Governing the 
Activities of States in the Exploration and Use of Outer Space, 
including the Moon and Other Celestial Bodies, will further the 
purposes and principles of the Charter of the United Nations, 
Have agreed on the following:

                               Article I

    The exploration and use of outer space, including the Moon 
and other celestial bodies, shall be carried out for the 
benefit and in the interests of all countries, irrespective of 
their degree of economic or scientific development, and shall 
be the province of all mankind.
    Outer space, including the Moon and other celestial bodies, 
shall be free for exploration and use by all States without 
discrimination of any kind, on a basis of equality and in 
accordance with international law, and there shall be free 
access to all areas of celestial bodies.
    There shall be freedom of scientific investigation in outer 
space, including the Moon and other celestial bodies, and 
States shall facilitate and encourage international cooperation 
in such investigation.

                               Article II

    Outer space, including the Moon and other celestial bodies, 
is not subject to national appropriation by claim of 
sovereignty, by means of use or occupation, or by any other 
means.

                              Article III

    States Parties to the Treaty shall carry on activities in 
the exploration and use of outer space, including the Moon and 
other celestial bodies, in accordance with international law, 
including the Charter of the United Nations, in the interest of 
maintaining international peace and security and promoting 
international cooperation and understanding.

                               Article IV

    States Parties to the Treaty undertake not to place in 
orbit around the Earth any objects carrying nuclear weapons or 
any other kinds of weapons of mass destruction, install such 
weapons on celestial bodies, or station such weapons in outer 
space in any other manner.
    The Moon and other celestial bodies shall be used by all 
States Parties to the Treaty exclusively for peaceful purposes. 
The establishment of military bases, installations and 
fortifications, the testing of any type of weapons and the 
conduct of military manoeuvres on celestial bodies shall be 
forbidden. The use of military personnel for scientific 
research or for any other peaceful purposes shall not be 
prohibited. The use of any equipment or facility necessary for 
peaceful exploration of the Moon and other celestial bodies 
shall also not be prohibited.

                               Article V

    States Parties to the Treaty shall regard astronauts as 
envoys of mankind in outer space and shall render to them all 
possible assistance in the event of accident, distress, or 
emergency landing on the territory of another State Party or on 
the high seas. When astronauts make such a landing, they shall 
be safely and promptly returned to the State of registry of 
their space vehicle.
    In carrying on activities in outer space and on celestial 
bodies, the astronauts of one State Party shall render all 
possible assistance to the astronauts of other States Parties.
    States Parties to the Treaty shall immediately inform the 
other States Parties to the Treaty or the Secretary-General of 
the United Nations of any phenomena they discover in outer 
space, including the Moon and other celestial bodies, which 
could constitute a danger to the life or health of astronauts.

                               Article VI

    States Parties to the Treaty shall bear international 
responsibility for national activities in outer space, 
including the Moon and other celestial bodies, whether such 
activities are carried on by governmental agencies or by non-
governmental entities, and for assuring that national 
activities are carried out in conformity with the provisions 
set forth in the present Treaty. The activities of non-
governmental entities in outer space, including the Moon and 
other celestial bodies, shall require authorization and 
continuing supervision by the appropriate State Party to the 
Treaty. When activities are carried on in outer space, 
including the Moon and other celestial bodies, by an 
international organization, responsibility for compliance with 
this Treaty shall be borne both by the international 
organization and by the States Parties to the Treaty 
participating in such organization.

                              Article VII

    Each State Party to the Treaty that launches or procures 
the launching of an object into outer space, including the Moon 
and other celestial bodies, and each State Party from whose 
territory or facility an object is launched, is internationally 
liable for damage to another State Party to the Treaty or to 
its natural or juridical persons by such object or its 
component parts on the Earth, in air space or in outer space, 
including the Moon and other celestial bodies.

                              Article VIII

    A State Party to the Treaty on whose registry an object 
launched into outer space is carried shall retain jurisdiction 
and control over such object, and over any personnel thereof, 
while in outer space or on a celestial body. Ownership of 
objects launched into outer space, including objects landed or 
constructed on a celestial body, and of their component parts, 
is not affected by their presence in outer space or on a 
celestial body or by their return to the Earth. Such objects or 
component parts found beyond the limits of the State Party to 
the Treaty on whose registry they are carried shall be returned 
to that State Party, which shall, upon request, furnish 
identifying data prior to their return.

                               Article IX

    In the exploration and use of outer space, including the 
Moon and other celestial bodies, States Parties to the Treaty 
shall be guided by the principle of cooperation and mutual 
assistance and shall conduct all their activities in outer 
space, including the Moon and other celestial bodies, with due 
regard to the corresponding interests of all other States 
Parties to the Treaty. States Parties to the Treaty shall 
pursue studies of outer space, including the Moon and other 
celestial bodies, and conduct exploration of them so as to 
avoid their harmful contamination and also adverse changes in 
the environment of the Earth resulting from the introduction of 
extraterrestrial matter and, where necessary, shall adopt 
appropriate measures for this purpose. If a State Party to the 
Treaty has reason to believe that an activity or experiment 
planned by it or its nationals in outer space, including the 
Moon and other celestial bodies, would cause potentially 
harmful interference with activities of other States Parties in 
the peaceful exploration and use of outer space, including the 
Moon and other celestial bodies, it shall undertake appropriate 
international consultations before proceeding with any such 
activity or experiment. A State Party to the Treaty which has 
reason to believe that an activity or experiment planned by 
another State Party in outer space, including the Moon and 
other celestial bodies, would cause potentially harmful 
interference with activities in the peaceful exploration and 
use of outer space, including the Moon and other celestial 
bodies, may request consultation concerning the activity or 
experiment.

                               Article X

    In order to promote international cooperation in the 
exploration and use of outer space, including the Moon and 
other celestial bodies, in conformity with the purposes of this 
Treaty, the States Parties to the Treaty shall consider on a 
basis of equality any requests by other States Parties to the 
Treaty to be afforded an opportunity to observe the flight of 
space objects launched by those States.
    The nature of such an opportunity for observation and the 
conditions under which it could be afforded shall be determined 
by agreement between the States concerned.

                               Article XI

    In order to promote international cooperation in the 
peaceful exploration and use of outer space, States Parties to 
the Treaty conducting activities in outer space, including the 
Moon and other celestial bodies, agree to inform the Secretary-
General of the United Nations as well as the public and the 
international scientific community, to the greatest extent 
feasible and practicable, of the nature, conduct, locations and 
results of such activities. On receiving the said information, 
the Secretary General of the United Nations should be prepared 
to disseminate it immediately and effectively.

                              Article XII

    All stations, installations, equipment and space vehicles 
on the Moon and other celestial bodies shall be open to 
representatives of other States Parties to the Treaty on a 
basis of reciprocity. Such representatives shall give 
reasonable advance notice of a projected visit, in order that 
appropriate consultations may be held and that maximum 
precautions may be taken to assure safety and to avoid 
interference with normal operations in the facility to be 
visited.

                              Article XIII

    The provisions of this Treaty shall apply to the activities 
of States Parties to the Treaty in the exploration and use of 
outer space, including the Moon and other celestial bodies, 
whether such activities are carried on by a single State Party 
to the Treaty or jointly with other States, including cases 
where they are carried on within the framework of international 
intergovernmental organizations.
    Any practical questions arising in connection with 
activities carried on by international intergovernmental 
organizations in the exploration and use of outer space, 
including the Moon and other celestial bodies, shall be 
resolved by the States Parties to the Treaty either with the 
appropriate international organization or with one or more 
States members of that international organization, which are 
Parties to this Treaty.

                              Article XIV

    1. This Treaty shall be open to all States for signature. 
Any State which does not sign this Treaty before its entry into 
force in accordance with paragraph 3 of this article may accede 
to it at any time.
    2. This Treaty shall be subject to ratification by 
signatory States. Instruments of ratification and instruments 
of accession shall be deposited with the Governments of the 
Union of Soviet Socialist Republics, the United Kingdom of 
Great Britain and Northern Ireland and the United States of 
America, which are hereby designated the Depositary 
Governments.
    3. This Treaty shall enter into force upon the deposit of 
instruments of ratification by five Governments including the 
Governments designated as Depositary Governments under this 
Treaty.
    4. For States whose instruments of ratification or 
accession are deposited subsequent to the entry into force of 
this Treaty, it shall enter into force on the date of the 
deposit of their instruments of ratification or accession.
    5. The Depositary Governments shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification of and 
accession to this Treaty, the date of its entry into force and 
other notices.
    6. This Treaty shall be registered by the Depositary 
Governments pursuant to Article 102 of the Charter of the 
United Nations.

                               Article XV

    Any State Party to the Treaty may propose amendments to 
this Treaty. Amendments shall enter into force for each State 
Party to the Treaty accepting the amendments upon their 
acceptance by a majority of the States Parties to the Treaty 
and thereafter for each remaining State Party to the Treaty on 
the date of acceptance by it.

                              Article XVI

    Any State Party to the Treaty may give notice of its 
withdrawal from the Treaty one year after its entry into force 
by written notification to the Depositary Governments. Such 
withdrawal shall take effect one year from the date of receipt 
of this notification.

                              Article XVII

    This Treaty, of which the Chinese, English, French, Russian 
and Spanish texts are equally authentic, shall be deposited in 
the archives of the Depositary Governments. Duly certified 
copies of this Treaty shall be transmitted by the Depositary 
Governments to the Governments of the signatory and acceding 
States.
    IN WITNESS WHEREOF the undersigned, duly authorized, have 
signed this Treaty.
    DONE in triplicate, at the cities of London, Moscow and 
Washington, D.C., the twenty-seventh day of January, one 
thousand nine hundred and sixty-seven.

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                               SECTION 2

         RESCUE AGREEMENT OF 1968--OUTER SPACE TREATY FOLLOW-UP

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INTERNATIONAL SPACE LAW

RESCUE AGREEMENT OF 1968

Agreement on the Rescue of Astronauts, the Return of Astronauts and the 
              Return of Objects Launched into Outer Space

    The Contracting Parties,
    Noting the great importance of the Treaty on Principles 
Governing the Activities of States in the Exploration and Use 
of Outer Space, including the Moon and Other Celestial 
Bodies,\2\ which calls for the rendering of all possible 
assistance to astronauts in the event of accident, distress or 
emergency landing, the prompt and safe return of astronauts, 
and the return of objects launched into outer space,
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    \2\ Resolution 2222 (XXI), annex.
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    Desiring to develop and give further concrete expression to 
these duties,
    Wishing to promote international cooperation in the 
peaceful exploration and use of outer space,
    Prompted by sentiments of humanity, Have agreed on the 
following:

                               Article 1

    Each Contracting Party which receives information or 
discovers that the personnel of a spacecraft have suffered 
accident or are experiencing conditions of distress or have 
made an emergency or unintended landing in territory under its 
jurisdiction or on the high seas or in any other place not 
under the jurisdiction of any State shall immediately:
    (a) Notify the launching authority or, if it cannot 
identify and immediately communicate with the launching 
authority, immediately make a public announcement by all 
appropriate means of communication at its disposal;
    (b) Notify the Secretary-General of the United Nations, who 
should disseminate the information without delay by all 
appropriate means of communication at his disposal.

                               Article 2

    If, owing to accident, distress, emergency or unintended 
landing, the personnel of a spacecraft land in territory under 
the jurisdiction of a Contracting Party, it shall immediately 
take all possible steps to rescue them and render them all 
necessary assistance. It shall inform the launching authority 
and also the Secretary-General of the United Nations of the 
steps it is taking and of their progress. If assistance by the 
launching authority would help to effect a prompt rescue or 
would contribute substantially to the effectiveness of search 
and rescue operations, the launching authority shall cooperate 
with the Contracting Party with a view to the effective conduct 
of search and rescue operations. Such operations shall be 
subject to the direction and control of the Contracting Party, 
which shall act in close and continuing consultation with the 
launching authority.

                               Article 3

    If information is received or it is discovered that the 
personnel of a spacecraft have alighted on the high seas or in 
any other place not under the jurisdiction of any State, those 
Contracting Parties which are in a position to do so shall, if 
necessary, extend assistance in search and rescue operations 
for such personnel to assure their speedy rescue. They shall 
inform the launching authority and the Secretary-General of the 
United Nations of the steps they are taking and of their 
progress.

                               Article 4

    If, owing to accident, distress, emergency or unintended 
landing, the personnel of a spacecraft land in territory under 
the jurisdiction of a Contracting Party or have been found on 
the high seas or in any other place not under the jurisdiction 
of any State, they shall be safely and promptly returned to 
representatives of the launching authority.

                               Article 5

    1. Each Contracting Party which receives information or 
discovers that a space object or its component parts has 
returned to Earth in territory under its jurisdiction or on the 
high seas or in any other place not under the jurisdiction of 
any State, shall notify the launching authority and the 
Secretary-General of the United Nations.
    2. Each Contracting Party having jurisdiction over the 
territory on which a space object or its component parts has 
been discovered shall, upon the request of the launching 
authority and with assistance from that authority if requested, 
take such steps as it finds practicable to recover the object 
or component parts.
    3. Upon request of the launching authority, objects 
launched into outer space or their component parts found beyond 
the territorial limits of the launching authority shall be 
returned to or held at the disposal of representatives of the 
launching authority, which shall, upon request, furnish 
identifying data prior to their return.
    4. Notwithstanding paragraphs 2 and 3 of this article, a 
Contracting Party which has reason to believe that a space 
object or its component parts discovered in territory under its 
jurisdiction, or recovered by it elsewhere, is of a hazardous 
or deleterious nature may so notify the launching authority, 
which shall immediately take effective steps, under the 
direction and control of the said Contracting Party, to 
eliminate possible danger of harm.
    5. Expenses incurred in fulfilling obligations to recover 
and return a space object or its component parts under 
paragraphs 2 and 3 of this article shall be borne by the 
launching authority.

                               Article 6

    For the purposes of this Agreement, the term ``launching 
authority'' shall refer to the State responsible for launching, 
or, where an international intergovernmental organization is 
responsible for launching, that organization, provided that 
that organization declares its acceptance of the rights and 
obligations provided for in this Agreement and a majority of 
the States members of that organization are Contracting Parties 
to this Agreement and to the Treaty on Principles Governing the 
Activities of States in the Exploration and Use of Outer Space, 
including the Moon and Other Celestial Bodies.

                               Article 7

    1. This Agreement shall be open to all States for 
signature. Any State which does not sign this Agreement before 
its entry into force in accordance with paragraph 3 of this 
article may accede to it at any time.
    2. This Agreement shall be subject to ratification by 
signatory States. Instruments of ratification and instruments 
of accession shall be deposited with the Governments of the 
Union of Soviet Socialist Republics, the United Kingdom of 
Great Britain and Northern Ireland and the United States of 
America, which are hereby designated the Depositary 
Governments.
    3. This Agreement shall enter into force upon the deposit 
of instruments of ratification by five Governments including 
the Governments designated as Depositary Governments under this 
Agreement.
    4. For States whose instruments of ratification or 
accession are deposited subsequent to the entry into force of 
this Agreement, it shall enter into force on the date of the 
deposit of their instruments of ratification or accession.
    5. The Depositary Governments shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification of and 
accession to this Agreement, the date of its entry into force 
and other notices.
    6. This Agreement shall be registered by the Depositary 
Governments pursuant to Article 102 of the Charter of the 
United Nations.

                               Article 8

    Any State Party to the Agreement may propose amendments to 
this Agreement. Amendments shall enter into force for each 
State Party to the Agreement accepting the amendments upon 
their acceptance by a majority of the States Parties to the 
Agreement and thereafter for each remaining State Party to the 
Agreement on the date of acceptance by it.

                               Article 9

    Any State Party to the Agreement may give notice of its 
withdrawal from the Agreement one year after its entry into 
force by written notification to the Depositary Governments. 
Such withdrawal shall take effect one year from the date of 
receipt of this notification.

                               Article 10

    This Agreement, of which the Chinese, English, French, 
Russian and Spanish texts are equally authentic, shall be 
deposited in the archives of the Depositary Governments. Duly 
certified copies of this Agreement shall be transmitted by the 
Depositary Governments to the Governments of the signatory and 
acceding States.
    IN WITNESS WHEREOF the undersigned, duly authorized, have 
signed this Agreement.
    DONE in triplicate, at the cities of London, Moscow and 
Washington, D.C., the twenty-second day of April, one thousand 
nine hundred and sixty-eight.

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                               SECTION 3

    SPACE LIABILITY CONVENTION OF 1972--OUTER SPACE TREATY FOLLOW-UP

=======================================================================


INTERNATIONAL SPACE LAW

SPACE LIABILITY CONVENTION OF 1972

   Convention on International Liability for Damage Caused by Space 
                                Objects

    The States Parties to this Convention,
    Recognizing the common interest of all mankind in 
furthering the exploration and use of outer space for peaceful 
purposes,
    Recalling the Treaty on Principles Governing the Activities 
of States in the Exploration and Use of Outer Space, including 
the Moon and Other Celestial Bodies,
    Taking into consideration that, notwithstanding the 
precautionary measures to be taken by States and international 
intergovernmental organizations involved in the launching of 
space objects, damage may on occasion be caused by such 
objects,
    Recognizing the need to elaborate effective international 
rules and procedures concerning liability for damage caused by 
space objects and to ensure, in particular, the prompt payment 
under the terms of this Convention of a full and equitable 
measure of compensation to victims of such damage,
    Believing that the establishment of such rules and 
procedures will contribute to the strengthening of 
international cooperation in the field of the exploration and 
use of outer space for peaceful purposes,
    Have agreed on the following:

                               Article I

    For the purposes of this Convention:
    (a) The term ``damage'' means loss of life, personal injury 
or other impairment of health; or loss of or damage to property 
of States or of persons, natural or juridical, or property of 
international intergovernmental organizations; (b) The term 
``launching'' includes attempted launching;
    (c) The term ``launching State'' means:
    (i) A State which launches or procures the launching of a 
space object;
    (ii) A State from whose territory or facility a space 
object is launched;
    (d) The term ``space object'' includes component parts of a 
space object as well as its launch vehicle and parts thereof.

                               Article II

    A launching State shall be absolutely liable to pay 
compensation for damage caused by its space object on the 
surface of the Earth or to aircraft in flight.

                              Article III

    In the event of damage being caused elsewhere than on the 
surface of the Earth to a space object of one launching State 
or to persons or property on board such a space object by a 
space object of another launching State, the latter shall be 
liable only if the damage is due to its fault or the fault of 
persons for whom it is responsible.

                               Article IV

    1. In the event of damage being caused elsewhere than on 
the surface of the Earth to a space object of one launching 
State or to persons or property on board such a space object by 
a space object of another launching State, and of damage 
thereby being caused to a third State or to its natural or 
juridical persons, the first two States shall be jointly and 
severally liable to the third State, to the extent indicated by 
the following:
    (a) If the damage has been caused to the third State on the 
surface of the Earth or to aircraft in flight, their liability 
to the third State shall be absolute;
    (b) If the damage has been caused to a space object of the 
third State or to persons or property on board that space 
object elsewhere than on the surface of the Earth, their 
liability to the third State shall be based on the fault of 
either of the first two States or on the fault of persons for 
whom either is responsible.
    2. In all cases of joint and several liability referred to 
in paragraph 1 of this article, the burden of compensation for 
the damage shall be apportioned between the first two States in 
accordance with the extent to which they were at fault; if the 
extent of the fault of each of these States cannot be 
established, the burden of compensation shall be apportioned 
equally between them. Such apportionment shall be without 
prejudice to the right of the third State to seek the entire 
compensation due under this Convention from any or all of the 
launching States which are jointly and severally liable.

                               Article V

    1. Whenever two or more States jointly launch a space 
object, they shall be jointly and severally liable for any 
damage caused.
    2. A launching State which has paid compensation for damage 
shall have the right to present a claim for indemnification to 
other participants in the joint launching. The participants in 
a joint launching may conclude agreements regarding the 
apportioning among themselves of the financial obligation in 
respect of which they are jointly and severally liable. Such 
agreements shall be without prejudice to the right of a State 
sustaining damage to seek the entire compensation due under 
this Convention from any or all of the launching States which 
are jointly and severally liable.
    3. A State from whose territory or facility a space object 
is launched shall be regarded as a participant in a joint 
launching.

                               Article VI

    1. Subject to the provisions of paragraph 2 of this 
article, exoneration from absolute liability shall be granted 
to the extent that a launching State establishes that the 
damage has resulted either wholly or partially from gross 
negligence or from an act or omission done with intent to cause 
damage on the part of a claimant State or of natural or 
juridical persons it represents.
    2. No exoneration whatever shall be granted in cases where 
the damage has resulted from activities conducted by a 
launching State which are not in conformity with international 
law including, in particular, the Charter of the United Nations 
and the Treaty on Principles Governing the Activities of States 
in the Exploration and Use of Outer Space, including the Moon 
and Other Celestial Bodies.

                              Article VII

    The provisions of this Convention shall not apply to damage 
caused by a space object of a launching State to:
    (a) Nationals of that launching State;
    (b) Foreign nationals during such time as they are 
participating in the operation of that space object from the 
time of its launching or at any stage thereafter until its 
descent, or during such time as they are in the immediate 
vicinity of a planned launching or recovery area as the result 
of an invitation by that launching State.

                              Article VIII

    1. A State which suffers damage, or whose natural or 
juridical persons suffer damage, may present to a launching 
State a claim for compensation for such damage.
    2. If the State of nationality has not presented a claim, 
another State may, in respect of damage sustained in its 
territory by any natural or juridical person, present a claim 
to a launching State.
    3. If neither the State of nationality nor the State in 
whose territory the damage was sustained has presented a claim 
or notified its intention of presenting a claim, another State 
may, in respect of damage sustained by its permanent residents, 
present a claim to a launching State.

                               Article IX

    A claim for compensation for damage shall be presented to a 
launching State through diplomatic channels. If a State does 
not maintain diplomatic relations with the launching State 
concerned, it may request another State to present its claim to 
that launching State or otherwise represent its interests under 
this Convention. It may also present its claim through the 
Secretary-General of the United Nations, provided the claimant 
State and the launching State are both Members of the United 
Nations.

                               Article X

    1. A claim for compensation for damage may be presented to 
a launching State not later than one year following the date of 
the occurrence of the damage or the identification of the 
launching State which is liable.
    2. If, however, a State does not know of the occurrence of 
the damage or has not been able to identify the launching State 
which is liable, it may present a claim within one year 
following the date on which it learned of the aforementioned 
facts; however, this period shall in no event exceed one year 
following the date on which the State could reasonably be 
expected to have learned of the facts through the exercise of 
due diligence.
    3. The time limits specified in paragraphs 1 and 2 of this 
article shall apply even if the full extent of the damage may 
not be known. In this event, however, the claimant State shall 
be entitled to revise the claim and submit additional 
documentation after the expiration of such time limits until 
one year after the full extent of the damage is known.

                               Article XI

    1. Presentation of a claim to a launching State for 
compensation for damage under this Convention shall not require 
the prior exhaustion of any local remedies which may be 
available to a claimant State or to natural or juridical 
persons it represents.
    2. Nothing in this Convention shall prevent a State, or 
natural or juridical persons it might represent, from pursuing 
a claim in the courts or administrative tribunals or agencies 
of a launching State. A State shall not, however, be entitled 
to present a claim under this Convention in respect of the same 
damage for which a claim is being pursued in the courts or 
administrative tribunals or agencies of a launching State or 
under another international agreement which is binding on the 
States concerned.

                              Article XII

    The compensation which the launching State shall be liable 
to pay for damage under this Convention shall be determined in 
accordance with international law and the principles of justice 
and equity, in order to provide such reparation in respect of 
the damage as will restore the person, natural or juridical, 
State or international organization on whose behalf the claim 
is presented to the condition which would have existed if the 
damage had not occurred.

                              Article XIII

    Unless the claimant State and the State from which 
compensation is due under this Convention agree on another form 
of compensation, the compensation shall be paid in the currency 
of the claimant State or, if that State so requests, in the 
currency of the State from which compensation is due.

                              Article XIV

    If no settlement of a claim is arrived at through 
diplomatic negotiations as provided for in article IX, within 
one year from the date on which the claimant State notifies the 
launching State that it has submitted the documentation of its 
claim, the parties concerned shall establish a Claims 
Commission at the request of either party.

                               Article XV

    1. The Claims Commission shall be composed of three 
members: one appointed by the claimant State, one appointed by 
the launching State and the third member, the Chairman, to be 
chosen by both parties jointly. Each party shall make its 
appointment within two months of the request for the 
establishment of the Claims Commission.
    2. If no agreement is reached on the choice of the Chairman 
within four months of the request for the establishment of the 
Commission, either party may request the Secretary-General of 
the United Nations to appoint the Chairman within a further 
period of two months.

                              Article XVI

    1. If one of the parties does not make its appointment 
within the stipulated period, the Chairman shall, at the 
request of the other party, constitute a single-member Claims 
Commission.
    2. Any vacancy which may arise in the Commission for 
whatever reason shall be filled by the same procedure adopted 
for the original appointment.
    3. The Commission shall determine its own procedure.
    4. The Commission shall determine the place or places where 
it shall sit and all other administrative matters.
    5. Except in the case of decisions and awards by a single-
member Commission, all decisions and awards of the Commission 
shall be by majority vote.

                              Article XVII

    No increase in the membership of the Claims Commission 
shall take place by reason of two or more claimant States or 
launching States being joined in any one proceeding before the 
Commission. The claimant States so joined shall collectively 
appoint one member of the Commission in the same manner and 
subject to the same conditions as would be the case for a 
single claimant State. When two or more launching States are so 
joined, they shall collectively appoint one member of the 
Commission in the same way. If the claimant States or the 
launching States do not make the appointment within the 
stipulated period, the Chairman shall constitute a single-
member Commission.

                             Article XVIII

    The Claims Commission shall decide the merits of the claim 
for compensation and determine the amount of compensation 
payable, if any.

                              Article XIX

    1. The Claims Commission shall act in accordance with the 
provisions of article XII.
    2. The decision of the Commission shall be final and 
binding if the parties have so agreed; otherwise the Commission 
shall render a final and recommendatory award, which the 
parties shall consider in good faith. The Commission shall 
state the reasons for its decision or award.
    3. The Commission shall give its decision or award as 
promptly as possible and no later than one year from the date 
of its establishment, unless an extension of this period is 
found necessary by the Commission.
    4. The Commission shall make its decision or award public. 
It shall deliver a certified copy of its decision or award to 
each of the parties and to the Secretary-General of the United 
Nations.

                               Article XX

    The expenses in regard to the Claims Commission shall be 
borne equally by the parties, unless otherwise decided by the 
Commission.

                              Article XXI

    If the damage caused by a space object presents a large-
scale danger to human life or seriously interferes with the 
living conditions of the population or the functioning of vital 
centres, the States Parties, and in particular the launching 
State, shall examine the possibility of rendering appropriate 
and rapid assistance to the State which has suffered the 
damage, when it so requests. However, nothing in this article 
shall affect the rights or obligations of the States Parties 
under this Convention.

                              Article XXII

    1. In this Convention, with the exception of articles XXIV 
to XXVII, references to States shall be deemed to apply to any 
international intergovernmental organization which conducts 
space activities if the organization declares its acceptance of 
the rights and obligations provided for in this Convention and 
if a majority of the States members of the organization are 
States Parties to this Convention and to the Treaty on 
Principles Governing the Activities of States in the 
Exploration and Use of Outer Space, including the Moon and 
Other Celestial Bodies.
    2. States members of any such organization which are States 
Parties to this Convention shall take all appropriate steps to 
ensure that the organization makes a declaration in accordance 
with the preceding paragraph.
    3. If an international intergovernmental organization is 
liable for damage by virtue of the provisions of this 
Convention, that organization and those of its members which 
are States Parties to this Convention shall be jointly and 
severally liable; provided, however, that:
    (a) Any claim for compensation in respect of such damage 
shall be first presented to the organization;
    (b) Only where the organization has not paid, within a 
period of six months, any sum agreed or determined to be due as 
compensation for such damage, may the claimant State invoke the 
liability of the members which are States Parties to this 
Convention for the payment of that sum.
    4. Any claim, pursuant to the provisions of this 
Convention, for compensation in respect of damage caused to an 
organization which has made a declaration in accordance with 
paragraph 1 of this article shall be presented by a State 
member of the organization which is a State Party to this 
Convention.

                             Article XXIII

    1. The provisions of this Convention shall not affect other 
international agreements in force insofar as relations between 
the States Parties to such agreements are concerned.
    2. No provision of this Convention shall prevent States 
from concluding international agreements reaffirming, 
supplementing or extending its provisions.

                              Article XXIV

    1. This Convention shall be open to all States for 
signature. Any State which does not sign this Convention before 
its entry into force in accordance with paragraph 3 of this 
article may accede to it at any time.
    2. This Convention shall be subject to ratification by 
signatory States. Instruments of ratification and instruments 
of accession shall be deposited with the Governments of the 
Union of Soviet Socialist Republics, the United Kingdom of 
Great Britain and Northern Ireland and the United States of 
America, which are hereby designated the Depositary 
Governments.
    3. This Convention shall enter into force on the deposit of 
the fifth instrument of ratification.
    4. For States whose instruments of ratification or 
accession are deposited subsequent to the entry into force of 
this Convention, it shall enter into force on the date of the 
deposit of their instruments of ratification or accession.
    5. The Depositary Governments shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification of and 
accession to this Convention, the date of its entry into force 
and other notices.
    6. This Convention shall be registered by the Depositary 
Governments pursuant to Article 102 of the Charter of the 
United Nations.

                              Article XXV

    Any State Party to this Convention may propose amendments 
to this Convention. Amendments shall enter into force for each 
State Party to the Convention accepting the amendments upon 
their acceptance by a majority of the States Parties to the 
Convention and thereafter for each remaining State Party to the 
Convention on the date of acceptance by it.

                              Article XXVI

    Ten years after the entry into force of this Convention, 
the question of the review of this Convention shall be included 
in the provisional agenda of the United Nations General 
Assembly in order to consider, in the light of past application 
of the Convention, whether it requires revision. However, at 
any time after the Convention has been in force for five years, 
and at the request of one third of the States Parties to the 
Convention, and with the concurrence of the majority of the 
States Parties, a conference of the States Parties shall be 
convened to review this Convention.

                             Article XXVII

    Any State Party to this Convention may give notice of its 
withdrawal from the Convention one year after its entry into 
force by written notification to the Depositary Governments. 
Such withdrawal shall take effect one year from the date of 
receipt of this notification.

                             Article XXVIII

    This Convention, of which the Chinese, English, French, 
Russian and Spanish texts are equally authentic, shall be 
deposited in the archives of the Depositary Governments. Duly 
certified copies of this Convention shall be transmitted by the 
Depositary Governments to the Governments of the signatory and 
acceding States.
    IN WITNESS WHEREOF the undersigned, duly authorized 
thereto, have signed this Convention.
    DONE in triplicate, at the cities of London, Moscow and 
Washington, D.C., this twenty-ninth day of March, one thousand 
nine hundred and seventy-two.

=======================================================================


                               SECTION 4

     REGISTRATION CONVENTION OF 1976--OUTER SPACE TREATY FOLLOW-UP

=======================================================================


INTERNATIONAL SPACE LAW

REGISTRATION CONVENTION OF 1976

    Convention on Registration of Objects Launched into Outer Space

    The States Parties to this Convention,
    Recognizing the common interest of all mankind in 
furthering the exploration and use of outer space for peaceful 
purposes,
    Recalling that the Treaty on Principles Governing the 
Activities of States in the Exploration and Use of Outer Space, 
including the Moon and Other Celestial Bodies,\3\ of 27 January 
1967 affirms that States shall bear international 
responsibility for their national activities in outer space and 
refers to the State on whose registry an object launched into 
outer space is carried,
---------------------------------------------------------------------------
    \3\ Resolution 2345 (XXII), annex.
---------------------------------------------------------------------------
    Recalling also that the Agreement on the Rescue of 
Astronauts, the Return of Astronauts and the Return of Objects 
Launched into Outer Space \1\ of 22 April 1968 provides that a 
launching authority shall, upon request, furnish identifying 
data prior to the return of an object it has launched into 
outer space found beyond the territorial limits of the 
launching authority,
    Recalling further that the Convention on International 
Liability for Damage Caused by Space Objects \4\ of 29 March 
1972 establishes international rules and procedures concerning 
the liability of launching States for damage caused by their 
space objects,
---------------------------------------------------------------------------
    \4\ Resolution 2777 (XXVI), annex.
---------------------------------------------------------------------------
    Desiring, in the light of the Treaty on Principles 
Governing the Activities of States in the Exploration and Use 
of Outer Space, including the Moon and Other Celestial Bodies, 
to make provision for the national registration by launching 
States of space objects launched into outer space,
    Desiring further that a central register of objects 
launched into outer space be established and maintained, on a 
mandatory basis, by the Secretary-General of the United 
Nations,
    Desiring also to provide for States Parties additional 
means and procedures to assist in the identification of space 
objects,
    Believing that a mandatory system of registering objects 
launched into outer space would, in particular, assist in their 
identification and would contribute to the application and 
development of international law governing the exploration and 
use of outer space,
    Have agreed on the following:

                               Article I

    For the purposes of this Convention:
    (a) The term ``launching State'' means:
    (i) A State which launches or procures the launching of a 
space object;
    (ii) A State from whose territory or facility a space 
object is launched;
    (b) The term ``space object'' includes component parts of a 
space object as well as its launch vehicle and parts thereof;
    (c) The term ``State of registry'' means a launching State 
on whose registry a space object is carried in accordance with 
article II.

                               Article II

    1. When a space object is launched into Earth orbit or 
beyond, the launching State shall register the space object by 
means of an entry in an appropriate registry which it shall 
maintain. Each launching State shall inform the Secretary-
General of the United Nations of the establishment of such a 
registry.
    2. Where there are two or more launching States in respect 
of any such space object, they shall jointly determine which 
one of them shall register the object in accordance with 
paragraph 1 of this article, bearing in mind the provisions of 
article VIII of the Treaty on Principles Governing the 
Activities of States in the Exploration and Use of Outer Space, 
including the Moon and Other Celestial Bodies, and without 
prejudice to appropriate agreements concluded or to be 
concluded among the launching States on jurisdiction and 
control over the space object and over any personnel thereof.
    3. The contents of each registry and the conditions under 
which it is maintained shall be determined by the State of 
registry concerned.

                              Article III

    1. The Secretary-General of the United Nations shall 
maintain a Register in which the information furnished in 
accordance with article IV shall be recorded.
    2. There shall be full and open access to the information 
in this Register.

                               Article IV

    1. Each State of registry shall furnish to the Secretary-
General of the United Nations, as soon as practicable, the 
following information concerning each space object carried on 
its registry:
    (a) Name of launching State or States;
    (b) An appropriate designator of the space object or its 
registration number;
    (c) Date and territory or location of launch;
    (d) Basic orbital parameters, including:
    (i) Nodal period;
    (ii) Inclination;
    (iii) Apogee;
    (iv) Perigee;
    (e) General function of the space object.
    2. Each State of registry may, from time to time, provide 
the Secretary General of the United Nations with additional 
information concerning a space object carried on its registry.
    3. Each State of registry shall notify the Secretary-
General of the United Nations, to the greatest extent feasible 
and as soon as practicable, of space objects concerning which 
it has previously transmitted information, and which have been 
but no longer are in Earth orbit.

                               Article V

    Whenever a space object launched into Earth orbit or beyond 
is marked with the designator or registration number referred 
to in article IV, paragraph 1 (b), or both, the State of 
registry shall notify the Secretary-General of this fact when 
submitting the information regarding the space object in 
accordance with article IV. In such case, the Secretary-General 
of the United Nations shall record this notification in the 
Register.

                               Article VI

    Where the application of the provisions of this Convention 
has not enabled a State Party to identify a space object which 
has caused damage to it or to any of its natural or juridical 
persons, or which may be of a hazardous or deleterious nature, 
other States Parties, including in particular States possessing 
space monitoring and tracking facilities, shall respond to the 
greatest extent feasible to a request by that State Party, or 
transmitted through the Secretary-General on its behalf, for 
assistance under equitable and reasonable conditions in the 
identification of the object. A State Party making such a 
request shall, to the greatest extent feasible, submit 
information as to the time, nature and circumstances of the 
events giving rise to the request. Arrangements under which 
such assistance shall be rendered shall be the subject of 
agreement between the parties concerned.

                              Article VII

    1. In this Convention, with the exception of articles VIII 
to XII inclusive, references to States shall be deemed to apply 
to any international intergovernmental organization which 
conducts space activities if the organization declares its 
acceptance of the rights and obligations provided for in this 
Convention and if a majority of the States members of the 
organization are States Parties to this Convention and to the 
Treaty on Principles Governing the Activities of States in the 
Exploration and Use of Outer Space, including the Moon and 
Other Celestial Bodies.
    2. States members of any such organization which are States 
Parties to this Convention shall take all appropriate steps to 
ensure that the organization makes a declaration in accordance 
with paragraph 1 of this article.

                              Article VIII

    1. This Convention shall be open for signature by all 
States at United Nations Headquarters in New York. Any State 
which does not sign this Convention before its entry into force 
in accordance with paragraph 3 of this article may accede to it 
at any time.
    2. This Convention shall be subject to ratification by 
signatory States. Instruments of ratification and instruments 
of accession shall be deposited with the Secretary-General of 
the United Nations.
    3. This Convention shall enter into force among the States 
which have deposited instruments of ratification on the deposit 
of the fifth such instrument with the Secretary-General of the 
United Nations.
    4. For States whose instruments of ratification or 
accession are deposited subsequent to the entry into force of 
this Convention, it shall enter into force on the date of the 
deposit of their instruments of ratification or accession.
    5. The Secretary-General shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification of and 
accession to this Convention, the date of its entry into force 
and other notices.

                               Article IX

    Any State Party to this Convention may propose amendments 
to the Convention. Amendments shall enter into force for each 
State Party to the Convention accepting the amendments upon 
their acceptance by a majority of the States Parties to the 
Convention and thereafter for each remaining State Party to the 
Convention on the date of acceptance by it.

                               Article X

    Ten years after the entry into force of this Convention, 
the question of the review of the Convention shall be included 
in the provisional agenda of the United Nations General 
Assembly in order to consider, in the light of past application 
of the Convention, whether it requires revision. However, at 
any time after the Convention has been in force for five years, 
at the request of one third of the States Parties to the 
Convention and with the concurrence of the majority of the 
States Parties, a conference of the States Parties shall be 
convened to review this Convention. Such review shall take into 
account in particular any relevant technological developments, 
including those relating to the identification of space 
objects.

                               Article XI

    Any State Party to this Convention may give notice of its 
withdrawal from the Convention one year after its entry into 
force by written notification to the Secretary-General of the 
United Nations. Such withdrawal shall take effect one year from 
the date of receipt of this notification.

                              Article XII

    The original of this Convention, of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
signatory and acceding States.
    IN WITNESS WHEREOF the undersigned, being duly authorized 
thereto by their respective Governments, have signed this 
Convention, opened for signature at New York on the fourteenth 
day of January, one thousand nine hundred and seventy-five.

=======================================================================


                               SECTION 5

           MOON TREATY OF 1979--OUTER SPACE TREATY FOLLOW-UP

=======================================================================


INTERNATIONAL SPACE LAW

MOON TREATY OF 1979

  Agreement Governing the Activities of States on the Moon and Other 
                            Celestial Bodies

    The States Parties to this Agreement,
    Noting the achievements of States in the exploration and 
use of the Moon and other celestial bodies,
    Recognizing that the Moon, as a natural satellite of the 
Earth, has an important role to play in the exploration of 
outer space,
    Determined to promote on the basis of equality the further 
development of cooperation among States in the exploration and 
use of the Moon and other celestial bodies,
    Desiring to prevent the Moon from becoming an area of 
international conflict,
    Bearing in mind the benefits which may be derived from the 
exploitation of the natural resources of the Moon and other 
celestial bodies,
    Recalling the Treaty on Principles Governing the Activities 
of States in the Exploration and Use of Outer Space, including 
the Moon and Other Celestial Bodies,\1\ the Agreement on the 
Rescue of Astronauts, the Return of Astronauts and the Return 
of Objects Launched into Outer Space,\2\ the Convention on 
International Liability for Damage Caused by Space Objects,\3\ 
and the Convention on Registration of Objects Launched into 
Outer Space,\5\
---------------------------------------------------------------------------
    \5\ Resolution 3235 (XXIX), annex.
---------------------------------------------------------------------------
    Taking into account the need to define and develop the 
provisions of these international instruments in relation to 
the Moon and other celestial bodies, having regard to further 
progress in the exploration and use of outer space,
    Have agreed on the following:

                               Article 1

    1. The provisions of this Agreement relating to the Moon 
shall also apply to other celestial bodies within the solar 
system, other than the Earth, except insofar as specific legal 
norms enter into force with respect to any of these celestial 
bodies.
    2. For the purposes of this Agreement reference to the Moon 
shall include orbits around or other trajectories to or around 
it.
    3. This Agreement does not apply to extraterrestrial 
materials which reach the surface of the Earth by natural 
means.

                               Article 2

    All activities on the Moon, including its exploration and 
use, shall be carried out in accordance with international law, 
in particular the Charter of the United Nations, and taking 
into account the Declaration on Principles of International Law 
concerning Friendly Relations and Cooperation among States in 
accordance with the Charter of the United Nations,\6\ adopted 
by the General Assembly on 24 October 1970, in the interest of 
maintaining international peace and security and promoting 
international cooperation and mutual understanding, and with 
due regard to the corresponding interests of all other States 
Parties.
---------------------------------------------------------------------------
    \6\ Resolution 2625 (XXV), annex.
---------------------------------------------------------------------------

                               Article 3

    1. The Moon shall be used by all States Parties exclusively 
for peaceful purposes.
    2. Any threat or use of force or any other hostile act or 
threat of hostile act on the Moon is prohibited. It is likewise 
prohibited to use the Moon in order to commit any such act or 
to engage in any such threat in relation to the Earth, the 
Moon, spacecraft, the personnel of spacecraft or manmade space 
objects.
    3. States Parties shall not place in orbit around or other 
trajectory to or around the Moon objects carrying nuclear 
weapons or any other kinds of weapons of mass destruction or 
place or use such weapons on or in the Moon.
    4. The establishment of military bases, installations and 
fortifications, the testing of any type of weapons and the 
conduct of military manoeuvres on the Moon shall be forbidden. 
The use of military personnel for scientific research or for 
any other peaceful purposes shall not be prohibited. The use of 
any equipment or facility necessary for peaceful exploration 
and use of the Moon shall also not be prohibited.

                               Article 4

    1. The exploration and use of the Moon shall be the 
province of all mankind and shall be carried out for the 
benefit and in the interests of all countries, irrespective of 
their degree of economic or scientific development. Due regard 
shall be paid to the interests of present and future 
generations as well as to the need to promote higher standards 
of living and conditions of economic and social progress and 
development in accordance with the Charter of the United 
Nations.
    2. States Parties shall be guided by the principle of 
cooperation and mutual assistance in all their activities 
concerning the exploration and use of the Moon. International 
cooperation in pursuance of this Agreement should be as wide as 
possible and may take place on a multilateral basis, on a 
bilateral basis or through international intergovernmental 
organizations.

                               Article 5

    1. States Parties shall inform the Secretary-General of the 
United Nations as well as the public and the international 
scientific community, to the greatest extent feasible and 
practicable, of their activities concerned with the exploration 
and use of the Moon. Information on the time, purposes, 
locations, orbital parameters and duration shall be given in 
respect of each mission to the Moon as soon as possible after 
launching, while information on the results of each mission, 
including scientific results, shall be furnished upon 
completion of the mission. In the case of a mission lasting 
more than sixty days, information on conduct of the mission, 
including any scientific results, shall be given periodically, 
at thirty-day intervals. For missions lasting more than six 
months, only significant additions to such information need be 
reported thereafter.
    2. If a State Party becomes aware that another State Party 
plans to operate simultaneously in the same area of or in the 
same orbit around or trajectory to or around the Moon, it shall 
promptly inform the other State of the timing of and plans for 
its own operations.
    3. In carrying out activities under this Agreement, States 
Parties shall promptly inform the Secretary-General, as well as 
the public and the international scientific community, of any 
phenomena they discover in outer space, including the Moon, 
which could endanger human life or health, as well as of any 
indication of organic life.

                               Article 6

    1. There shall be freedom of scientific investigation on 
the Moon by all States Parties without discrimination of any 
kind, on the basis of equality and in accordance with 
international law.
    2. In carrying out scientific investigations and in 
furtherance of the provisions of this Agreement, the States 
Parties shall have the right to collect on and remove from the 
Moon samples of its mineral and other substances. Such samples 
shall remain at the disposal of those States Parties which 
caused them to be collected and may be used by them for 
scientific purposes. States Parties shall have regard to the 
desirability of making a portion of such samples available to 
other interested States Parties and the international 
scientific community for scientific investigation. States 
Parties may in the course of scientific investigations also use 
mineral and other substances of the Moon in quantities 
appropriate for the support of their missions.
    3. States Parties agree on the desirability of exchanging 
scientific and other personnel on expeditions to or 
installations on the Moon to the greatest extent feasible and 
practicable.

                               Article 7

    1. In exploring and using the Moon, States Parties shall 
take measures to prevent the disruption of the existing balance 
of its environment, whether by introducing adverse changes in 
that environment, by its harmful contamination through the 
introduction of extra-environmental matter or otherwise. States 
Parties shall also take measures to avoid harmfully affecting 
the environment of the Earth through the introduction of 
extraterrestrial matter or otherwise.
    2. States Parties shall inform the Secretary-General of the 
United Nations of the measures being adopted by them in 
accordance with paragraph 1 of this article and shall also, to 
the maximum extent feasible, notify him in advance of all 
placements by them of radioactive materials on the Moon and of 
the purposes of such placements.
    3. States Parties shall report to other States Parties and 
to the Secretary General concerning areas of the Moon having 
special scientific interest in order that, without prejudice to 
the rights of other States Parties, consideration may be given 
to the designation of such areas as international scientific 
preserves for which special protective arrangements are to be 
agreed upon in consultation with the competent bodies of the 
United Nations.

                               Article 8

    1. States Parties may pursue their activities in the 
exploration and use of the Moon anywhere on or below its 
surface, subject to the provisions of this Agreement.
    2. For these purposes States Parties may, in particular:
    (a) Land their space objects on the Moon and launch them 
from the Moon;
    (b) Place their personnel, space vehicles, equipment, 
facilities, stations and installations anywhere on or below the 
surface of the Moon.
    Personnel, space vehicles, equipment, facilities, stations 
and installations may move or be moved freely over or below the 
surface of the Moon.
    3. Activities of States Parties in accordance with 
paragraphs 1 and 2 of this article shall not interfere with the 
activities of other States Parties on the Moon. Where such 
interference may occur, the States Parties concerned shall 
undertake consultations in accordance with article 15, 
paragraphs 2 and 3, of this Agreement.

                               Article 9

    1. States Parties may establish manned and unmanned 
stations on the Moon. A State Party establishing a station 
shall use only that area which is required for the needs of the 
station and shall immediately inform the Secretary-General of 
the United Nations of the location and purposes of that 
station. Subsequently, at annual intervals that State shall 
likewise inform the Secretary-General whether the station 
continues in use and whether its purposes have changed.
    2. Stations shall be installed in such a manner that they 
do not impede the free access to all areas of the Moon of 
personnel, vehicles and equipment of other States Parties 
conducting activities on the Moon in accordance with the 
provisions of this Agreement or of article I of the Treaty on 
Principles Governing the Activities of States in the 
Exploration and Use of Outer Space, including the Moon and 
Other Celestial Bodies.

                               Article 10

    1. States Parties shall adopt all practicable measures to 
safeguard the life and health of persons on the Moon. For this 
purpose they shall regard any person on the Moon as an 
astronaut within the meaning of article V of the Treaty on 
Principles Governing the Activities of States in the 
Exploration and Use of Outer Space, including the Moon and 
Other Celestial Bodies and as part of the personnel of a 
spacecraft within the meaning of the Agreement on the Rescue of 
Astronauts, the Return of Astronauts and the Return of Objects 
Launched into Outer Space.
    2. States Parties shall offer shelter in their stations, 
installations, vehicles and other facilities to persons in 
distress on the Moon.

                               Article 11

    1. The Moon and its natural resources are the common 
heritage of mankind, which finds its expression in the 
provisions of this Agreement, in particular in paragraph 5 of 
this article.
    2. The Moon is not subject to national appropriation by any 
claim of sovereignty, by means of use or occupation, or by any 
other means.
    3. Neither the surface nor the subsurface of the Moon, nor 
any part thereof or natural resources in place, shall become 
property of any State, international intergovernmental or non-
governmental organization, national organization or non-
governmental entity or of any natural person. The placement of 
personnel, space vehicles, equipment, facilities, stations and 
installations on or below the surface of the Moon, including 
structures connected with its surface or subsurface, shall not 
create a right of ownership over the surface or the subsurface 
of the Moon or any areas thereof. The foregoing provisions are 
without prejudice to the international regime referred to in 
paragraph 5 of this article.
    4. States Parties have the right to exploration and use of 
the Moon without discrimination of any kind, on the basis of 
equality and in accordance with international law and the terms 
of this Agreement.
    5. States Parties to this Agreement hereby undertake to 
establish an international regime, including appropriate 
procedures, to govern the exploitation of the natural resources 
of the Moon as such exploitation is about to become feasible. 
This provision shall be implemented in accordance with article 
18 of this Agreement.
    6. In order to facilitate the establishment of the 
international regime referred to in paragraph 5 of this 
article, States Parties shall inform the Secretary General of 
the United Nations as well as the public and the international 
scientific community, to the greatest extent feasible and 
practicable, of any natural resources they may discover on the 
Moon.
    7. The main purposes of the international regime to be 
established shall include:
    (a) The orderly and safe development of the natural 
resources of the Moon;
    (b) The rational management of those resources;
    (c) The expansion of opportunities in the use of those 
resources;
    (d) An equitable sharing by all States Parties in the 
benefits derived from those resources, whereby the interests 
and needs of the developing countries, as well as the efforts 
of those countries which have contributed either directly or 
indirectly to the exploration of the Moon, shall be given 
special consideration.
    8. All the activities with respect to the natural resources 
of the Moon shall be carried out in a manner compatible with 
the purposes specified in paragraph 7 of this article and the 
provisions of article 6, paragraph 2, of this Agreement.

                               Article 12

    1. States Parties shall retain jurisdiction and control 
over their personnel, vehicles, equipment, facilities, stations 
and installations on the Moon. The ownership of space vehicles, 
equipment, facilities, stations and installations shall not be 
affected by their presence on the Moon.
    2. Vehicles, installations and equipment or their component 
parts found in places other than their intended location shall 
be dealt with in accordance with article 5 of the Agreement on 
the Rescue of Astronauts, the Return of Astronauts and the 
Return of Objects Launched into Outer Space.
    3. In the event of an emergency involving a threat to human 
life, States Parties may use the equipment, vehicles, 
installations, facilities or supplies of other States Parties 
on the Moon. Prompt notification of such use shall be made to 
the Secretary-General of the United Nations or the State Party 
concerned.

                               Article 13

    A State Party which learns of the crash landing, forced 
landing or other unintended landing on the Moon of a space 
object, or its component parts, that were not launched by it, 
shall promptly inform the launching State Party and the 
Secretary-General of the United Nations.

                               Article 14

    1. States Parties to this Agreement shall bear 
international responsibility for national activities on the 
Moon, whether such activities are carried on by governmental 
agencies or by non-governmental entities, and for assuring that 
national activities are carried out in conformity with the 
provisions set forth in this Agreement. States Parties shall 
ensure that non-governmental entities under their jurisdiction 
shall engage in activities on the Moon only under the authority 
and continuing supervision of the appropriate State Party.
    2. States Parties recognize that detailed arrangements 
concerning liability for damage caused on the Moon, in addition 
to the provisions of the Treaty on Principles Governing the 
Activities of States in the Exploration and Use of Outer Space, 
including the Moon and Other Celestial Bodies and the 
Convention on International Liability for Damage Caused by 
Space Objects, may become necessary as a result of more 
extensive activities on the Moon. Any such arrangements shall 
be elaborated in accordance with the procedure provided for in 
article 18 of this Agreement.

                               Article 15

    1. Each State Party may assure itself that the activities 
of other States Parties in the exploration and use of the Moon 
are compatible with the provisions of this Agreement. To this 
end, all space vehicles, equipment, facilities, stations and 
installations on the Moon shall be open to other States 
Parties. Such States Parties shall give reasonable advance 
notice of a projected visit, in order that appropriate 
consultations may be held and that maximum precautions may be 
taken to assure safety and to avoid interference with normal 
operations in the facility to be visited. In pursuance of this 
article, any State Party may act on its own behalf or with the 
full or partial assistance of any other State Party or through 
appropriate international procedures within the framework of 
the United Nations and in accordance with the Charter.
    2. A State Party which has reason to believe that another 
State Party is not fulfilling the obligations incumbent upon it 
pursuant to this Agreement or that another State Party is 
interfering with the rights which the former State has under 
this Agreement may request consultations with that State Party. 
A State Party receiving such a request shall enter into such 
consultations without delay. Any other State Party which 
requests to do so shall be entitled to take part in the 
consultations. Each State Party participating in such 
consultations shall seek a mutually acceptable resolution of 
any controversy and shall bear in mind the rights and interests 
of all States Parties. The Secretary-General of the United 
Nations shall be informed of the results of the consultations 
and shall transmit the information received to all States 
Parties concerned.
    3. If the consultations do not lead to a mutually 
acceptable settlement which has due regard for the rights and 
interests of all States Parties, the parties concerned shall 
take all measures to settle the dispute by other peaceful means 
of their choice appropriate to the circumstances and the nature 
of the dispute. If difficulties arise in connection with the 
opening of consultations or if consultations do not lead to a 
mutually acceptable settlement, any State Party may seek the 
assistance of the Secretary-General, without seeking the 
consent of any other State Party concerned, in order to resolve 
the controversy. A State Party which does not maintain 
diplomatic relations with another State Party concerned shall 
participate in such consultations, at its choice, either itself 
or through another State Party or the Secretary-General as 
intermediary.

                               Article 16

    With the exception of articles 17 to 21, references in this 
Agreement to States shall be deemed to apply to any 
international intergovernmental organization which conducts 
space activities if the organization declares its acceptance of 
the rights and obligations provided for in this Agreement and 
if a majority of the States members of the organization are 
States Parties to this Agreement and to the Treaty on 
Principles Governing the Activities of States in the 
Exploration and Use of Outer Space, including the Moon and 
Other Celestial Bodies. States members of any such organization 
which are States Parties to this Agreement shall take all 
appropriate steps to ensure that the organization makes a 
declaration in accordance with the foregoing.

                               Article 17

    Any State Party to this Agreement may propose amendments to 
the Agreement. Amendments shall enter into force for each State 
Party to the Agreement accepting the amendments upon their 
acceptance by a majority of the States Parties to the Agreement 
and thereafter for each remaining State Party to the Agreement 
on the date of acceptance by it.

                               Article 18

    Ten years after the entry into force of this Agreement, the 
question of the review of the Agreement shall be included in 
the provisional agenda of the General Assembly of the United 
Nations in order to consider, in the light of past application 
of the Agreement, whether it requires revision. However, at any 
time after the Agreement has been in force for five years, the 
Secretary-General of the United Nations, as depositary, shall, 
at the request of one third of the States Parties to the 
Agreement and with the concurrence of the majority of the 
States Parties, convene a conference of the States Parties to 
review this Agreement. A review conference shall also consider 
the question of the implementation of the provisions of article 
11, paragraph 5, on the basis of the principle referred to in 
paragraph 1 of that article and taking into account in 
particular any relevant technological developments.

                               Article 19

    1. This Agreement shall be open for signature by all States 
at United Nations Headquarters in New York.
    2. This Agreement shall be subject to ratification by 
signatory States. Any State which does not sign this Agreement 
before its entry into force in accordance with paragraph 3 of 
this article may accede to it at any time. Instruments of 
ratification or accession shall be deposited with the 
Secretary-General of the United Nations.
    3. This Agreement shall enter into force on the thirtieth 
day following the date of deposit of the fifth instrument of 
ratification.
    4. For each State depositing its instrument of ratification 
or accession after the entry into force of this Agreement, it 
shall enter into force on the thirtieth day following the date 
of deposit of any such instrument.
    5. The Secretary-General shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification or 
accession to this Agreement, the date of its entry into force 
and other notices.

                               Article 20

    Any State Party to this Agreement may give notice of its 
withdrawal from the Agreement one year after its entry into 
force by written notification to the SecretaryGeneral of the 
United Nations. Such withdrawal shall take effect one year from 
the date of receipt of this notification.

                               Article 21

    The original of this Agreement, of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
signatory and acceding States.
    IN WITNESS WHEREOF the undersigned, being duly authorized 
thereto by their respective Governments, have signed this 
Agreement, opened for signature at New York on the eighteenth 
day of December, one thousand nine hundred and seventy-nine.

=======================================================================


                               SECTION 6

       PRINCIPLES ADOPTED BY THE UNITED NATIONS GENERAL ASSEMBLY

=======================================================================


INTERNATIONAL SPACE LAW

PRINCIPALS ADOPTED BY THE U.N. GENERAL ASSEMBLY

 Declaration of Legal Principles Governing the Activities of States in 
                 the Exploration and Use of Outer Space

    The General Assembly,
    Inspired by the great prospects opening up before mankind 
as a result of man's entry into outer space,
    Recognizing the common interest of all mankind in the 
progress of the exploration and use of outer space for peaceful 
purposes,
    Believing that the exploration and use of outer space 
should be carried on for the betterment of mankind and for the 
benefit of States irrespective of their degree of economic or 
scientific development,
    Desiring to contribute to broad international cooperation 
in the scientific as well as in the legal aspects of 
exploration and use of outer space for peaceful purposes,
    Believing that such cooperation will contribute to the 
development of mutual understanding and to the strengthening of 
friendly relations between nations and peoples,
    Recalling its resolution 110 (II) of 3 November 1947, which 
condemned propaganda designed or likely to provoke or encourage 
any threat to the peace, breach of the peace, or act of 
aggression, and considering that the aforementioned resolution 
is applicable to outer space,
    Taking into consideration its resolutions 1721 (XVI) of 20 
December 1961 and 1802 (XVII) of 14 December 1962, adopted 
unanimously by the States Members of the United Nations,
    Solemnly declares that in the exploration and use of outer 
space States should be guided by the following principles:
    1. The exploration and use of outer space shall be carried 
on for the benefit and in the interests of all mankind.
    2. Outer space and celestial bodies are free for 
exploration and use by all States on a basis of equality and in 
accordance with international law.
    3. Outer space and celestial bodies are not subject to 
national appropriation by claim of sovereignty, by means of use 
or occupation, or by any other means.
    4. The activities of States in the exploration and use of 
outer space shall be carried on in accordance with 
international law, including the Charter of the United Nations, 
in the interest of maintaining international peace and security 
and promoting international cooperation and understanding.
    5. States bear international responsibility for national 
activities in outer space, whether carried on by governmental 
agencies or by non-governmental entities, and for assuring that 
national activities are carried on in conformity with the 
principles set forth in the present Declaration. The activities 
of non-governmental entities in outer space shall require 
authorization and continuing supervision by the State 
concerned. When activities are carried on in outer space by an 
international organization, responsibility for compliance with 
the principles set forth in this Declaration shall be borne by 
the international organization and by the States participating 
in it.
    6. In the exploration and use of outer space, States shall 
be guided by the principle of cooperation and mutual assistance 
and shall conduct all their activities in outer space with due 
regard for the corresponding interests of other States. If a 
State has reason to believe that an outer space activity or 
experiment planned by it or its nationals would cause 
potentially harmful interference with activities of other 
States in the peaceful exploration and use of outer space, it 
shall undertake appropriate international consultations before 
proceeding with any such activity or experiment. A State which 
has reason to believe that an outer space activity or 
experiment planned by another State would cause potentially 
harmful interference with activities in the peaceful 
exploration and use of outer space may request consultation 
concerning the activity or experiment.
    7. The State on whose registry an object launched into 
outer space is carried shall retain jurisdiction and control 
over such object, and any personnel thereon, while in outer 
space. Ownership of objects launched into outer space, and of 
their component parts, is not affected by their passage through 
outer space or by their return to the Earth. Such objects or 
component parts found beyond the limits of the State of 
registry shall be returned to that State, which shall furnish 
identifying data upon request prior to return.
    8. Each State which launches or procures the launching of 
an object into outer space, and each State from whose territory 
or facility an object is launched, is internationally liable 
for damage to a foreign State or to its natural or juridical 
persons by such object or its component parts on the Earth, in 
air space, or in outer space.
    9. States shall regard astronauts as envoys of mankind in 
outer space, and shall render to them all possible assistance 
in the event of accident, distress, or emergency landing on the 
territory of a foreign State or on the high seas. Astronauts 
who make such a landing shall be safely and promptly returned 
to the State of registry of their space vehicle.

 Principles Governing the Use by States of Artificial Earth Satellites 
            for International Direct Television Broadcasting

    The General Assembly,
    Recalling its resolution 2916 (XXVII) of 9 November 1972, 
in which it stressed the necessity of elaborating principles 
governing the use by States of artificial Earth satellites for 
international direct television broadcasting, and mindful of 
the importance of concluding an international agreement or 
agreements,
    Recalling further its resolutions 3182 (XXVIII) of 18 
December 1973, 3234 (XXIX) of 12 November 1974, 3388 (XXX) of 
18 November 1975, 31/8 of 8 November 1976, 32/196 of 20 
December 1977, 33/16 of 10 November 1978, 34/ 66 of 5 December 
1979 and 35/14 of 3 November 1980, and its resolution 36/35 of 
18 November 1981 in which it decided to consider at its thirty-
seventh session the adoption of a draft set of principles 
governing the use by States of artificial Earth satellites for 
international direct television broadcasting,
    Noting with appreciation the efforts made in the Committee 
on the Peaceful Uses of Outer Space and its Legal Subcommittee 
to comply with the directives issued in the above-mentioned 
resolutions,
    Considering that several experiments of direct broadcasting 
by satellite have been carried out and that a number of direct 
broadcasting satellite systems are operational in some 
countries and may be commercialized in the very near future,
    Taking into consideration that the operation of 
international direct broadcasting satellites will have 
significant international political, economic, social and 
cultural implications,
    Believing that the establishment of principles for 
international direct television broadcasting will contribute to 
the strengthening of international cooperation in this field 
and further the purposes and principles of the Charter of the 
United Nations,
    Adopts the Principles Governing the Use by States of 
Artificial Earth Satellites for International Direct Television 
Broadcasting set forth in the annex to the present resolution.

   Annex. Principles Governing the Use by States of Artificial Earth 
      Satellites for International Direct Television Broadcasting

A. Purposes and objectives
    1. Activities in the field of international direct 
television broadcasting by satellite should be carried out in a 
manner compatible with the sovereign rights of States, 
including the principle of non-intervention, as well as with 
the right of everyone to seek, receive and impart information 
and ideas as enshrined in the relevant United Nations 
instruments.
    2. Such activities should promote the free dissemination 
and mutual exchange of information and knowledge in cultural 
and scientific fields, assist in educational, social and 
economic development, particularly in the developing countries, 
enhance the qualities of life of all peoples and provide 
recreation with due respect to the political and cultural 
integrity of States.
    3. These activities should accordingly be carried out in a 
manner compatible with the development of mutual understanding 
and the strengthening of friendly relations and cooperation 
among all States and peoples in the interest of maintaining 
international peace and security.
B. Applicability of international law
    4. Activities in the field of international direct 
television broadcasting by satellite should be conducted in 
accordance with international law, including the Charter of the 
United Nations, the Treaty on Principles Governing the 
Activities of States in the Exploration and Use of Outer Space, 
including the Moon and Other Celestial Bodies,\1\ of 27 January 
1967, the relevant provisions of the International 
Telecommunication Convention and its Radio Regulations and of 
international instruments relating to friendly relations and 
cooperation among States and to human rights.
C. Rights and benefits
    5. Every State has an equal right to conduct activities in 
the field of international direct television broadcasting by 
satellite and to authorize such activities by persons and 
entities under its jurisdiction. All States and peoples are 
entitled to and should enjoy the benefits from such activities. 
Access to the technology in this field should be available to 
all States without discrimination on terms mutually agreed by 
all concerned.
D. International cooperation
    6. Activities in the field of international direct 
television broadcasting by satellite should be based upon and 
encourage international cooperation. Such cooperation should be 
the subject of appropriate arrangements. Special consideration 
should be given to the needs of the developing countries in the 
use of international direct television broadcasting by 
satellite for the purpose of accelerating their national 
development.
E. Peaceful settlement of disputes
    7. Any international dispute that may arise from activities 
covered by these principles should be settled through 
established procedures for the peaceful settlement of disputes 
agreed upon by the parties to the dispute in accordance with 
the provisions of the Charter of the United Nations.
F. State responsibility
    8. States should bear international responsibility for 
activities in the field of international direct television 
broadcasting by satellite carried out by them or under their 
jurisdiction and for the conformity of any such activities with 
the principles set forth in this document.
    9. When international direct television broadcasting by 
satellite is carried out by an international intergovernmental 
organization, the responsibility referred to in paragraph 8 
above should be borne both by that organization and by the 
States participating in it.
G. Duty and right to consult
    10. Any broadcasting or receiving State within an 
international direct television broadcasting satellite service 
established between them requested to do so by any other 
broadcasting or receiving State within the same service should 
promptly enter into consultations with the requesting State 
regarding its activities in the field of international direct 
television broadcasting by satellite, without prejudice to 
other consultations which these States may undertake with any 
other State on that subject.
H. Copyright and neighbouring rights
    11. Without prejudice to the relevant provisions of 
international law, States should cooperate on a bilateral and 
multilateral basis for protection of copyright and neighbouring 
rights by means of appropriate agreements between the 
interested States or the competent legal entities acting under 
their jurisdiction. In such cooperation they should give 
special consideration to the interests of developing countries 
in the use of direct television broadcasting for the purpose of 
accelerating their national development.
I. Notification to the United Nations
    12. In order to promote international cooperation in the 
peaceful exploration and use of outer space, States conducting 
or authorizing activities in the field of international direct 
television broadcasting by satellite should inform the 
Secretary-General of the United Nations, to the greatest extent 
possible, of the nature of such activities. On receiving this 
information, the Secretary-General should disseminate it 
immediately and effectively to the relevant specialized 
agencies, as well as to the public and the international 
scientific community.
J. Consultations and agreements between States
    13. A State which intends to establish or authorize the 
establishment of an international direct television 
broadcasting satellite service shall without delay notify the 
proposed receiving State or States of such intention and shall 
promptly enter into consultation with any of those States which 
so requests.
    14. An international direct television broadcasting 
satellite service shall only be established after the 
conditions set forth in paragraph 13 above have been met and on 
the basis of agreements and/or arrangements in conformity with 
the relevant instruments of the International Telecommunication 
Union and in accordance with these principles.
    15. With respect to the unavoidable overspill of the 
radiation of the satellite signal, the relevant instruments of 
the International Telecommunication Union shall be exclusively 
applicable.

  Principles Relating to Remote Sensing of the Earth from Outer Space

    The General Assembly,
    Recalling its resolution 3234 (XXIX) of 12 November 1974, 
in which it recommended that the Legal Subcommittee of the 
Committee on the Peaceful Uses of Outer Space should consider 
the question of the legal implications of remote sensing of the 
Earth from space, as well as its resolutions 3388 (XXX) of 18 
November 1975, 31/8 of 8 November 1976, 32/196 A of 20 December 
1977, 33/16 of 10 November 1978, 34/66 of 5 December 1979, 35/
14 of 3 November 1980, 36/35 of 18 November 1981, 37/89 of 10 
December 1982, 38/80 of 15 December 1983, 39/96 of 14 December 
1984 and 40/162 of 16 December 1985, in which it called for a 
detailed consideration of the legal implications of remote 
sensing of the Earth from space, with the aim of formulating 
draft principles relating to remote sensing,
    Having considered the report of the Committee on the 
Peaceful Uses of Outer Space on the work of its twenty-ninth 
session \7\ and the text of the draft principles relating to 
remote sensing of the Earth from space, annexed thereto,
---------------------------------------------------------------------------
    \7\ Official Records of the General Assembly, Forty-first Session, 
Supplement No. 20 (A/41/20 and Corr.1).
---------------------------------------------------------------------------
    Noting with satisfaction that the Committee on the Peaceful 
Uses of Outer Space, on the basis of the deliberations of its 
Legal Subcommittee, has endorsed the text of the draft 
principles relating to remote sensing of the Earth from space,
    Believing that the adoption of the principles relating to 
remote sensing of the Earth from space will contribute to the 
strengthening of international cooperation in this field,
    Adopts the principles relating to remote sensing of the 
Earth from space set forth in the annex to the present 
resolution.

 Annex. Principles Relating to Remote Sensing of the Earth from Outer 
                                 Space

Principle I
    For the purposes of these principles with respect to remote 
sensing activities:
    (a) The term ``remote sensing'' means the sensing of the 
Earth's surface from space by making use of the properties of 
electromagnetic waves emitted, reflected or diffracted by the 
sensed objects, for the purpose of improving natural resources 
management, land use and the protection of the environment;
    (b) The term ``primary data'' means those raw data that are 
acquired by remote sensors borne by a space object and that are 
transmitted or delivered to the ground from space by telemetry 
in the form of electromagnetic signals, by photographic film, 
magnetic tape or any other means;
    (c) The term ``processed data'' means the products 
resulting from the processing of the primary data, needed to 
make such data usable;
    (d) The term ``analysed information'' means the information 
resulting from the interpretation of processed data, inputs of 
data and knowledge from other sources;
    (e) The term ``remote sensing activities'' means the 
operation of remote sensing space systems, primary data 
collection and storage stations, and activities in processing, 
interpreting and disseminating the processed data.
Principle II
    Remote sensing activities shall be carried out for the 
benefit and in the interests of all countries, irrespective of 
their degree of economic, social or scientific and 
technological development, and taking into particular 
consideration the needs of the developing countries.
Principle III
    Remote sensing activities shall be conducted in accordance 
with international law, including the Charter of the United 
Nations, the Treaty on Principles Governing the Activities of 
States in the Exploration and Use of Outer Space, including the 
Moon and Other Celestial Bodies,\1\ and the relevant 
instruments of the International Telecommunication Union.
Principle IV
    Remote sensing activities shall be conducted in accordance 
with the principles contained in article I of the Treaty on 
Principles Governing the Activities of States in the 
Exploration and Use of Outer Space, including the Moon and 
Other Celestial Bodies, which, in particular, provides that the 
exploration and use of outer space shall be carried out for the 
benefit and in the interests of all countries, irrespective of 
their degree of economic or scientific development, and 
stipulates the principle of freedom of exploration and use of 
outer space on the basis of equality. These activities shall be 
conducted on the basis of respect for the principle of full and 
permanent sovereignty of all States and peoples over their own 
wealth and natural resources, with due regard to the rights and 
interests, in accordance with international law, of other 
States and entities under their jurisdiction. Such activities 
shall not be conducted in a manner detrimental to the 
legitimate rights and interests of the sensed State.
Principle V
    States carrying out remote sensing activities shall promote 
international cooperation in these activities. To this end, 
they shall make available to other States opportunities for 
participation therein. Such participation shall be based in 
each case on equitable and mutually acceptable terms.
Principle VI
    In order to maximize the availability of benefits from 
remote sensing activities, States are encouraged, through 
agreements or other arrangements, to provide for the 
establishment and operation of data collecting and storage 
stations and processing and interpretation facilities, in 
particular within the framework of regional agreements or 
arrangements wherever feasible.
Principle VII
    States participating in remote sensing activities shall 
make available technical assistance to other interested States 
on mutually agreed terms.
Principle VIII
    The United Nations and the relevant agencies within the 
United Nations system shall promote international cooperation, 
including technical assistance and coordination in the area of 
remote sensing.
Principle IX
    In accordance with article IV of the Convention on 
Registration of Objects Launched into Outer Space \4\ and 
article XI of the Treaty on Principles Governing the Activities 
of States in the Exploration and Use of Outer Space, including 
the Moon and Other Celestial Bodies, a State carrying out a 
programme of remote sensing shall inform the Secretary-General 
of the United Nations. It shall, moreover, make available any 
other relevant information to the greatest extent feasible and 
practicable to any other State, particularly any developing 
country that is affected by the programme, at its request.
Principle X
    Remote sensing shall promote the protection of the Earth's 
natural environment.
    To this end, States participating in remote sensing 
activities that have identified information in their possession 
that is capable of averting any phenomenon harmful to the 
Earth's natural environment shall disclose such information to 
States concerned.
Principle XI
    Remote sensing shall promote the protection of mankind from 
natural disasters.
    To this end, States participating in remote sensing 
activities that have identified processed data and analysed 
information in their possession that may be useful to States 
affected by natural disasters, or likely to be affected by 
impending natural disasters, shall transmit such data and 
information to States concerned as promptly as possible.
Principle XII
    As soon as the primary data and the processed data 
concerning the territory under its jurisdiction are produced, 
the sensed State shall have access to them on a non-
discriminatory basis and on reasonable cost terms. The sensed 
State shall also have access to the available analysed 
information concerning the territory under its jurisdiction in 
the possession of any State participating in remote sensing 
activities on the same basis and terms, taking particularly 
into account the needs and interests of the developing 
countries.
Principle XIII
    To promote and intensify international cooperation, 
especially with regard to the needs of developing countries, a 
State carrying out remote sensing of the Earth from space 
shall, upon request, enter into consultations with a State 
whose territory is sensed in order to make available 
opportunities for participation and enhance the mutual benefits 
to be derived therefrom.
Principle XIV
    In compliance with article VI of the Treaty on Principles 
Governing the Activities of States in the Exploration and Use 
of Outer Space, including the Moon and Other Celestial Bodies, 
States operating remote sensing satellites shall bear 
international responsibility for their activities and assure 
that such activities are conducted in accordance with these 
principles and the norms of international law, irrespective of 
whether such activities are carried out by governmental or non-
governmental entities or through international organizations to 
which such States are parties. This principle is without 
prejudice to the applicability of the norms of international 
law on State responsibility for remote sensing activities.
Principle XV
    Any dispute resulting from the application of these 
principles shall be resolved through the established procedures 
for the peaceful settlement of disputes.

 Principles Relevant to the Use of Nuclear Power Sources in Outer Space

    The General Assembly,
    Having considered the report of the Committee on the 
Peaceful Uses of Outer Space on the work of its thirty-fifth 
session \8\ and the text of the Principles Relevant to the Use 
of Nuclear Power Sources in Outer Space as approved by the 
Committee and annexed to its report,\9\
---------------------------------------------------------------------------
    \8\ Official Records of the General Assembly, Forty-seventh 
Session, Supplement No. 20 (A/47/20).
    \9\ Ibid., annex.
---------------------------------------------------------------------------
    Recognizing that for some missions in outer space nuclear 
power sources are particularly suited or even essential owing 
to their compactness, long life and other attributes,
    Recognizing also that the use of nuclear power sources in 
outer space should focus on those applications which take 
advantage of the particular properties of nuclear power 
sources,
    Recognizing further that the use of nuclear power sources 
in outer space should be based on a thorough safety assessment, 
including probabilistic risk analysis, with particular emphasis 
on reducing the risk of accidental exposure of the public to 
harmful radiation or radioactive material,
    Recognizing the need, in this respect, for a set of 
principles containing goals and guidelines to ensure the safe 
use of nuclear power sources in outer space,
    Affirming that this set of Principles applies to nuclear 
power sources in outer space devoted to the generation of 
electric power on board space objects for nonpropulsive 
purposes, which have characteristics generally comparable to 
those of systems used and missions performed at the time of the 
adoption of the Principles,
    Recognizing that this set of Principles will require future 
revision in view of emerging nuclear power applications and of 
evolving international recommendations on radiological 
protection,
    Adopts the Principles Relevant to the Use of Nuclear Power 
Sources in Outer Space as set forth below.

            Principle 1. Applicability of international law

    Activities involving the use of nuclear power sources in 
outer space shall be carried out in accordance with 
international law, including in particular the Charter of the 
United Nations and the Treaty on Principles Governing the 
Activities of States in the Exploration and Use of Outer Space, 
including the Moon and Other Celestial Bodies.\1\

                       Principle 2. Use of terms

    1. For the purpose of these Principles, the terms 
``launching State'' and ``State launching'' mean the State 
which exercises jurisdiction and control over a space object 
with nuclear power sources on board at a given point in time 
relevant to the principle concerned.
    2. For the purpose of principle 9, the definition of the 
term ``launching State'' as contained in that principle is 
applicable.
    3. For the purposes of principle 3, the terms 
``foreseeable'' and ``all possible'' describe a class of events 
or circumstances whose overall probability of occurrence is 
such that it is considered to encompass only credible 
possibilities for purposes of safety analysis. The term 
``general concept of defence-in-depth'' when applied to nuclear 
power sources in outer space refers to the use of design 
features and mission operations in place of or in addition to 
active systems, to prevent or mitigate the consequences of 
system malfunctions. Redundant safety systems are not 
necessarily required for each individual component to achieve 
this purpose. Given the special requirements of space use and 
of varied missions, no particular set of systems or features 
can be specified as essential to achieve this objective. For 
the purposes of paragraph 2(d) of principle 3, the term ``made 
critical'' does not include actions such as zero-power testing 
which are fundamental to ensuring system safety.

           Principle 3. Guidelines and criteria for safe use

    In order to minimize the quantity of radioactive material 
in space and the risks involved, the use of nuclear power 
sources in outer space shall be restricted to those space 
missions which cannot be operated by non-nuclear energy sources 
in a reasonable way.
1. General goals for radiation protection and nuclear safety
    (a) States launching space objects with nuclear power 
sources on board shall endeavour to protect individuals, 
populations and the biosphere against radiological hazards. The 
design and use of space objects with nuclear power sources on 
board shall ensure, with a high degree of confidence, that the 
hazards, in foreseeable operational or accidental 
circumstances, are kept below acceptable levels as defined in 
paragraphs 1(b) and (c).
    Such design and use shall also ensure with high reliability 
that radioactive material does not cause a significant 
contamination of outer space;
    (b) During the normal operation of space objects with 
nuclear power sources on board, including re-entry from the 
sufficiently high orbit as defined in paragraph 2(b), the 
appropriate radiation protection objective for the public 
recommended by the International Commission on Radiological 
Protection shall be observed. During such normal operation 
there shall be no significant radiation exposure;
    (c) To limit exposure in accidents, the design and 
construction of the nuclear power source systems shall take 
into account relevant and generally accepted international 
radiological protection guidelines.
    Except in cases of low-probability accidents with 
potentially serious radiological consequences, the design for 
the nuclear power source systems shall, with a high degree of 
confidence, restrict radiation exposure to a limited 
geographical region and to individuals to the principal limit 
of 1 mSv in a year. It is permissible to use a subsidiary dose 
limit of 5 mSv in a year for some years, provided that the 
average annual effective dose equivalent over a lifetime does 
not exceed the principal limit of 1 mSv in a year.
    The probability of accidents with potentially serious 
radiological consequences referred to above shall be kept 
extremely small by virtue of the design of the system.
    Future modifications of the guidelines referred to in this 
paragraph shall be applied as soon as practicable;
    (d) Systems important for safety shall be designed, 
constructed and operated in accordance with the general concept 
of defence-in-depth. Pursuant to this concept, foreseeable 
safety-related failures or malfunctions must be capable of 
being corrected or counteracted by an action or a procedure, 
possibly automatic.
    The reliability of systems important for safety shall be 
ensured, inter alia, by redundancy, physical separation, 
functional isolation and adequate independence of their 
components.
    Other measures shall also be taken to raise the level of 
safety.
2. Nuclear reactors
    (a) Nuclear reactors may be operated:
    (i) On interplanetary missions;
    (ii) In sufficiently high orbits as defined in paragraph 
2(b);
    (iii) In low-Earth orbits if they are stored in 
sufficiently high orbits after the operational part of their 
mission.
    (b) The sufficiently high orbit is one in which the orbital 
lifetime is long enough to allow for a sufficient decay of the 
fission products to approximately the activity of the 
actinides. The sufficiently high orbit must be such that the 
risks to existing and future outer space missions and of 
collision with other space objects are kept to a minimum. The 
necessity for the parts of a destroyed reactor also to attain 
the required decay time before re-entering the Earth's 
atmosphere shall be considered in determining the sufficiently 
high orbit altitude;
    (c) Nuclear reactors shall use only highly enriched uranium 
235 as fuel. The design shall take into account the radioactive 
decay of the fission and activation products;
    (d) Nuclear reactors shall not be made critical before they 
have reached their operating orbit or interplanetary 
trajectory;
    (e) The design and construction of the nuclear reactor 
shall ensure that it cannot become critical before reaching the 
operating orbit during all possible events, including rocket 
explosion, re-entry, impact on ground or water, submersion in 
water or water intruding into the core;
    (f) In order to reduce significantly the possibility of 
failures in satellites with nuclear reactors on board during 
operations in an orbit with a lifetime less than in the 
sufficiently high orbit (including operations for transfer into 
the sufficiently high orbit), there shall be a highly reliable 
operational system to ensure an effective and controlled 
disposal of the reactor.
3. Radioisotope generators
    (a) Radioisotope generators may be used for interplanetary 
missions and other missions leaving the gravity field of the 
Earth. They may also be used in Earth orbit if, after 
conclusion of the operational part of their mission, they are 
stored in a high orbit. In any case ultimate disposal is 
necessary;
    (b) Radioisotope generators shall be protected by a 
containment system that is designed and constructed to 
withstand the heat and aerodynamic forces of re-entry in the 
upper atmosphere under foreseeable orbital conditions, 
including highly elliptical or hyperbolic orbits where 
relevant. Upon impact, the containment system and the physical 
form of the isotope shall ensure that no radioactive material 
is scattered into the environment so that the impact area can 
be completely cleared of radioactivity by a recovery operation.

                     Principle 4. Safety assessment

    1. A launching State as defined in principle 2, paragraph 
1, at the time of launch shall, prior to the launch, through 
cooperative arrangements, where relevant, with those which have 
designed, constructed or manufactured the nuclear power 
sources, or will operate the space object, or from whose 
territory or facility such an object will be launched, ensure 
that a thorough and comprehensive safety assessment is 
conducted. This assessment shall cover as well all relevant 
phases of the mission and shall deal with all systems involved, 
including the means of launching, the space platform, the 
nuclear power source and its equipment and the means of control 
and communication between ground and space.
    2. This assessment shall respect the guidelines and 
criteria for safe use contained in principle 3.
    3. Pursuant to article XI of the Treaty on Principles 
Governing the Activities of States in the Exploration and Use 
of Outer Space, including the Moon and Other Celestial Bodies, 
the results of this safety assessment, together with, to the 
extent feasible, an indication of the approximate intended 
time-frame of the launch, shall be made publicly available 
prior to each launch, and the Secretary-General of the United 
Nations shall be informed on how States may obtain such results 
of the safety assessment as soon as possible prior to each 
launch.

                 Principle 5. Notification of re-entry

    1. Any State launching a space object with nuclear power 
sources on board shall in a timely fashion inform States 
concerned in the event this space object is malfunctioning with 
a risk of re-entry of radioactive materials to the Earth. The 
information shall be in accordance with the following format:
    (a) System parameters:
    (i) Name of launching State or States, including the 
address of the authority which may be contacted for additional 
information or assistance in case of accident;
    (ii) International designation;
    (iii) Date and territory or location of launch;
    (iv) Information required for best prediction of orbit 
lifetime, trajectory and impact region;
    (v) General function of spacecraft;
    (b) Information on the radiological risk of nuclear power 
source(s):
    (i) Type of nuclear power source: radioisotopic/reactor;
    (ii) The probable physical form, amount and general 
radiological characteristics of the fuel and contaminated and/
or activated components likely to reach the ground. The term 
``fuel'' refers to the nuclear material used as the source of 
heat or power.
    This information shall also be transmitted to the 
Secretary-General of the United Nations.
    2. The information, in accordance with the format above, 
shall be provided by the launching State as soon as the 
malfunction has become known. It shall be updated as frequently 
as practicable and the frequency of dissemination of the 
updated information shall increase as the anticipated time of 
re-entry into the dense layers of the Earth's atmosphere 
approaches so that the international community will be informed 
of the situation and will have sufficient time to plan for any 
national response activities deemed necessary.
    3. The updated information shall also be transmitted to the 
Secretary-General of the United Nations with the same 
frequency.

                      Principle 6. Consultations 

    States providing information in accordance with principle 5 
shall, as far as reasonably practicable, respond promptly to 
requests for further information or consultations sought by 
other States.

                   Principle 7. Assistance to States

    1. Upon the notification of an expected re-entry into the 
Earth's atmosphere of a space object containing a nuclear power 
source on board and its components, all States possessing space 
monitoring and tracking facilities, in the spirit of 
international cooperation, shall communicate the relevant 
information that they may have available on the malfunctioning 
space object with a nuclear power source on board to the 
Secretary-General of the United Nations and the State concerned 
as promptly as possible to allow States that might be affected 
to assess the situation and take any precautionary measures 
deemed necessary.
    2. After re-entry into the Earth's atmosphere of a space 
object containing a nuclear power source on board and its 
components:
    (a) The launching State shall promptly offer and, if 
requested by the affected State, provide promptly the necessary 
assistance to eliminate actual and possible harmful effects, 
including assistance to identify the location of the area of 
impact of the nuclear power source on the Earth's surface, to 
detect the re-entered material and to carry out retrieval or 
clean-up operations;
    (b) All States, other than the launching State, with 
relevant technical capabilities and international organizations 
with such technical capabilities shall, to the extent possible, 
provide necessary assistance upon request by an affected State.
    In providing the assistance in accordance with 
subparagraphs (a) and (b) above, the special needs of 
developing countries shall be taken into account.

                      Principle 8. Responsibility

    In accordance with article VI of the Treaty on Principles 
Governing the Activities of States in the Exploration and Use 
of Outer Space, including the Moon and Other Celestial Bodies, 
States shall bear international responsibility for national 
activities involving the use of nuclear power sources in outer 
space, whether such activities are carried on by governmental 
agencies or by non-governmental entities, and for assuring that 
such national activities are carried out in conformity with 
that Treaty and the recommendations contained in these 
Principles. When activities in outer space involving the use of 
nuclear power sources are carried on by an international 
organization, responsibility for compliance with the aforesaid 
Treaty and the recommendations contained in these Principles 
shall be borne both by the international organization and by 
the States participating in it.

                Principle 9. Liability and compensation

    1. In accordance with article VII of the Treaty on 
Principles Governing the Activities of States in the 
Exploration and Use of Outer Space, including the Moon and 
Other Celestial Bodies, and the provisions of the Convention on 
International Liability for Damage Caused by Space Objects,3 
each State which launches or procures the launching of a space 
object and each State from whose territory or facility a space 
object is launched shall be internationally liable for damage 
caused by such space objects or their component parts. This 
fully applies to the case of such a space object carrying a 
nuclear power source on board. Whenever two or more States 
jointly launch such a space object, they shall be jointly and 
severally liable for any damage caused, in accordance with 
article V of the above-mentioned Convention.
    2. The compensation that such States shall be liable to pay 
under the aforesaid Convention for damage shall be determined 
in accordance with international law and the principles of 
justice and equity, in order to provide such reparation in 
respect of the damage as will restore the person, natural or 
juridical, State or international organization on whose behalf 
a claim is presented to the condition which would have existed 
if the damage had not occurred.
    3. For the purposes of this principle, compensation shall 
include reimbursement of the duly substantiated expenses for 
search, recovery and clean-up operations, including expenses 
for assistance received from third parties.

                  Principle 10. Settlement of disputes

    Any dispute resulting from the application of these 
Principles shall be resolved through negotiations or other 
established procedures for the peaceful settlement of disputes, 
in accordance with the Charter of the United Nations.

                   Principle 11. Review and revision

    These Principles shall be reopened for revision by the 
Committee on the Peaceful Uses of Outer Space no later than two 
years after their adoption.

Declaration on International Cooperation in the Exploration and Use of 
 Outer Space for the Benefit and in the Interest of All States, Taking 
       into Particular Account the Needs of Developing Countries

    The General Assembly,
    Having considered the report of the Committee on the 
Peaceful Uses of Outer Space on the work of its thirty-ninth 
session\10\11\ and the text of the Declaration on International 
Cooperation in the Exploration and Use of Outer Space for the 
Benefit and in the Interest of All States, Taking into 
Particular Account the Needs of Developing Countries, as 
approved by the Committee and annexed to its report,\1\
---------------------------------------------------------------------------
    \1Official Records of the General Assembly, Fifty-first Session, 
Supplement No. 20 (A/51/20).
    \11\ Ibid., annex IV.
---------------------------------------------------------------------------
    Bearing in mind the relevant provisions of the Charter of 
the United Nations,
    Recalling notably the provisions of the Treaty on the 
Principles Governing the Activities of States in the 
Exploration and Use of Outer Space, including the Moon and 
Other Celestial Bodies,\1\
    Recalling also its relevant resolutions relating to 
activities in outer space,
    Bearing in mind the recommendations of the Second United 
Nations Conference on the Exploration and Peaceful Uses of 
Outer Space,\12\ and of other international conferences 
relevant in this field,
---------------------------------------------------------------------------
    \12\ OSC
---------------------------------------------------------------------------
    Recognizing the growing scope and significance of 
international cooperation among States and between States and 
international organizations in the exploration and use of outer 
space for peaceful purposes,
    Considering experiences gained in international cooperative 
ventures,
    Convinced of the necessity and the significance of further 
strengthening international cooperation in order to reach a 
broad and efficient collaboration in this field for the mutual 
benefit and in the interest of all parties involved,
    Desirous of facilitating the application of the principle 
that the exploration and use of outer space, including the Moon 
and other celestial bodies, shall be carried out for the 
benefit and in the interest of all countries, irrespective of 
their degree of economic or scientific development, and shall 
be the province of all mankind,
    Adopts the Declaration on International Cooperation in the 
Exploration and Use of Outer Space for the Benefit and in the 
Interest of All States, Taking into Particular Account the 
Needs of Developing Countries, set forth in the annex to the 
present resolution.

=======================================================================


                               SECTION 7

    VIENNA CONVENTION ON THE LAWS OF TREATIES--TREATY INTERPRETATION

=======================================================================


INTERNATIONAL SPACE LAW

VIENNA CONVENTION ON THE LAWS OF TREATIES

    As previously stated, the Vienna Convention on the Law of 
Treaties (VCLT) is not a binding treaty regarding the United 
States. The United States recognizes that many articles 
enumerated in this treaty are already widely accepted as 
customary norms by other sovereign States. This widely accepted 
custom is known as customary international law.
    Slavery, genocide, and crimes against humanity are but some 
examples of customary international law. VCLT reflects already 
well-established norms of customary international law and while 
the United States is not a party to the treaty, the United 
States follows many of these customary practices. Thus, the 
United States largely follows the VCLT without actually binding 
itself to the treaty.
    The purpose for including VCLT in this publication is 
simply because the United States and many international lawyers 
continue to use VCLT as the primary authority on interpreting 
treaties. The Vienna Convention on the Law of Treaties provides 
a substantive legal framework on drafting treaties, 
interpreting vague or ambiguous language, withdrawing from 
treaties, hostilities, disagreements, and amending, ratifying, 
or making reservations to treaties. In short, it is the guide 
to treaties from womb to tomb and is widely accepted and 
utilized in whole or in part by sovereign States. Certain 
treaties such as the Outer Space Treaty, supra, contain 
language, or lack thereof, that makes it difficult to interpret 
whether certain action is permissible. Some examples of these 
types of questions are whether the mining of outer space 
resources could be interpreted as state appropriation of a 
celestial body or whether the launching of a kinetic weapon on 
earth to a satellite could be viewed as militarizing outer 
space. Because the Vienna Convention on the Law of Treaties is 
widely used to interpret the Outer Space Treaty, it is included 
in this publication as an interpretive resource.

                Vienna Convention on the Law of Treaties

                                  1969

 Done at Vienna on 23 May 1969. Entered into force on 27 January 1980. 
            United Nations, Treaty Series, vol. 1155, p. 331
            
            
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]    


            Copyright  United Nations

                                  2005

                Vienna Convention on the Law of Treaties

INTERNATIONAL SPACE LAW

VIENNA CONVENTION ON THE LAWS OF TREATIES

                     Done at Vienna on 23 May 1969

    The States Parties to the present Convention,
    Considering the fundamental role of treaties in the history 
of international relations,
    Recognizing the ever-increasing importance of treaties as a 
source of international law and as a means of developing 
peaceful cooperation among nations, whatever their 
constitutional and social systems,
    Noting that the principles of free consent and of good 
faith and the pacta sunt servanda rule are universally 
recognized,
    Affirming that disputes concerning treaties, like other 
international disputes, should be settled by peaceful means and 
in conformity with the principles of justice and international 
law,
    Recalling the determination of the peoples of the United 
Nations to establish conditions under which justice and respect 
for the obligations arising from treaties can be maintained,
    Having in mind the principles of international law embodied 
in the Charter of the United Nations, such as the principles of 
the equal rights and self-determination of peoples, of the 
sovereign equality and independence of all States, of non-
interference in the domestic affairs of States, of the 
prohibition of the threat or use of force and of universal 
respect for, and observance of, human rights and fundamental 
freedoms for all,
    Believing that the codification and progressive development 
of the law of treaties achieved in the present Convention will 
promote the purposes of the United Nations set forth in the 
Charter, namely, the maintenance of international peace and 
security, the development of friendly relations and the 
achievement of cooperation among nations,
    Affirming that the rules of customary international law 
will continue to govern questions not regulated by the 
provisions of the present Convention,
    Have agreed as follows:

                                PART I.

                              INTRODUCTION

                               Article 1

                    Scope of the present Convention

    The present Convention applies to treaties between States.

                               Article 2

                              Use of terms

    1. For the purposes of the present Convention:
    (a) ``treaty'' means an international agreement concluded 
between States in written form and governed by international 
law, whether embodied in a single instrument or in two or more 
related instruments and whatever its particular designation;
    (b) ``ratification'', ``acceptance'', ``approval'' and 
``accession'' mean in each case the international act so named 
whereby a State establishes on the international plane its 
consent to be bound by a treaty;
    (c) ``full powers'' means a document emanating from the 
competent authority of a State designating a person or persons 
to represent the State for negotiating, adopting or 
authenticating the text of a treaty, for expressing the consent 
of the State to be bound by a treaty, or for accomplishing any 
other act with respect to a treaty;
    (d) ``reservation'' means a unilateral statement, however 
phrased or named, made by a State, when signing, ratifying, 
accepting, approving or acceding to a treaty, whereby it 
purports to exclude or to modify the legal effect of certain 
provisions of the treaty in their application to that State;
    (e) ``negotiating State'' means a State which took part in 
the drawing up and adoption of the text of the treaty;
    (f) ``contracting State'' means a State which has consented 
to be bound by the treaty, whether or not the treaty has 
entered into force;
    (g) ``party'' means a State which has consented to be bound 
by the treaty and for which the treaty is in force;
    (h) ``third State'' means a State not a party to the 
treaty;
    (i) ``international organization'' means an 
intergovernmental organization.
    2. The provisions of paragraph 1 regarding the use of terms 
in the present Convention are without prejudice to the use of 
those terms or to the meanings which may be given to them in 
the internal law of any State.

                               Article 3

International agreements not within the scope of the present Convention

    The fact that the present Convention does not apply to 
international agreements concluded between States and other 
subjects of international law or between such other subjects of 
international law, or to international agreements not in 
written form, shall not affect:
    (a) the legal force of such agreements;
    (b) the application to them of any of the rules set forth 
in the present Convention to which they would be subject under 
international law independently of the Convention;
    (c) the application of the Convention to the relations of 
States as between themselves under international agreements to 
which other subjects of international law are also parties.

                               Article 4

              Non-retroactivity of the present Convention

    Without prejudice to the application of any rules set forth 
in the present Convention to which treaties would be subject 
under international law independently of the Convention, the 
Convention applies only to treaties which are concluded by 
States after the entry into force of the present Convention 
with regard to such States.

                               Article 5

Treaties constituting international organizations and treaties adopted 
                  within an international organization

    The present Convention applies to any treaty which is the 
constituent instrument of an international organization and to 
any treaty adopted within an international organization without 
prejudice to any relevant rules of the organization.

                                PART II.

              CONCLUSION AND ENTRY INTO FORCE OF TREATIES

                   SECTION 1. CONCLUSION OF TREATIES

                               Article 6

                Capacity of States to conclude treaties

    Every State possesses capacity to conclude treaties.

                               Article 7

                              Full powers

    1. A person is considered as representing a State for the 
purpose of adopting or authenticating the text of a treaty or 
for the purpose of expressing the consent of the State to be 
bound by a treaty if:
    (a) he produces appropriate full powers; or
    (b) it appears from the practice of the States concerned or 
from other circumstances that their intention was to consider 
that person as representing the State for such purposes and to 
dispense with full powers.
    2. In virtue of their functions and without having to 
produce full powers, the following are considered as 
representing their State:
    (a) Heads of State, Heads of Government and Ministers for 
Foreign Affairs, for the purpose of performing all acts 
relating to the conclusion of a treaty;
    (b) heads of diplomatic missions, for the purpose of 
adopting the text of a treaty between the accrediting State and 
the State to which they are accredited;
    (c) representatives accredited by States to an 
international conference or to an international organization or 
one of its organs, for the purpose of adopting the text of a 
treaty in that conference, organization or organ.

                               Article 8

   Subsequent confirmation of an act performed without authorization

    An act relating to the conclusion of a treaty performed by 
a person who cannot be considered under article 7 as authorized 
to represent a State for that purpose is without legal effect 
unless afterwards confirmed by that State.

                               Article 9

                          Adoption of the text

    1. The adoption of the text of a treaty takes place by the 
consent of all the States participating in its drawing up 
except as provided in paragraph 2.
    2. The adoption of the text of a treaty at an international 
conference takes place by the vote of two thirds of the States 
present and voting, unless by the same majority they shall 
decide to apply a different rule.

                               Article 10

                       Authentication of the text

    The text of a treaty is established as authentic and 
definitive:
    (a) by such procedure as may be provided for in the text or 
agreed upon by the States participating in its drawing up; or
    (b) failing such procedure, by the signature, signature ad 
referendum or initialling by the representatives of those 
States of the text of the treaty or of the Final Act of a 
conference incorporating the text.

                               Article 11

          Means of expressing consent to be bound by a treaty

    The consent of a State to be bound by a treaty may be 
expressed by signature, exchange of instruments constituting a 
treaty, ratification, acceptance, approval or accession, or by 
any other means if so agreed.

                               Article 12

         Consent to be bound by a treaty expressed by signature

    1. The consent of a State to be bound by a treaty is 
expressed by the signature of its representative when:
    (a) the treaty provides that signature shall have that 
effect;
    (b) it is otherwise established that the negotiating States 
were agreed that signature should have that effect; or
    (c) the intention of the State to give that effect to the 
signature appears from the full powers of its representative or 
was expressed during the negotiation.
    2. For the purposes of paragraph 1:
    (a) the initialling of a text constitutes a signature of 
the treaty when it is established that the negotiating States 
so agreed;
    (b) the signature ad referendum of a treaty by a 
representative, if confirmed by his State, constitutes a full 
signature of the treaty.

                               Article 13

Consent to be bound by a treaty expressed by an exchange of instruments 
                         constituting a treaty

    The consent of States to be bound by a treaty constituted 
by instruments exchanged between them is expressed by that 
exchange when:
    (a) the instruments provide that their exchange shall have 
that effect; or
    (b) it is otherwise established that those States were 
agreed that the exchange of instruments should have that 
effect.

                               Article 14

 Consent to be bound by a treaty expressed by ratification, acceptance 
                              or approval

    1. The consent of a State to be bound by a treaty is 
expressed by ratification when:
    (a) the treaty provides for such consent to be expressed by 
means of ratification;
    (b) it is otherwise established that the negotiating States 
were agreed that ratification should be required;
    (c) the representative of the State has signed the treaty 
subject to ratification; or
    (d) the intention of the State to sign the treaty subject 
to ratification appears from the full powers of its 
representative or was expressed during the negotiation.
    2. The consent of a State to be bound by a treaty is 
expressed by acceptance or approval under conditions similar to 
those which apply to ratification.

                               Article 15

         Consent to be bound by a treaty expressed by accession

    The consent of a State to be bound by a treaty is expressed 
by accession when:
    (a) the treaty provides that such consent may be expressed 
by that State by means of accession;
    (b) it is otherwise established that the negotiating States 
were agreed that such consent may be expressed by that State by 
means of accession; or
    (c) all the parties have subsequently agreed that such 
consent may be expressed by that State by means of accession.

                               Article 16

    Exchange or deposit of instruments of ratification, acceptance, 
                         approval or accession

    Unless the treaty otherwise provides, instruments of 
ratification, acceptance, approval or accession establish the 
consent of a State to be bound by a treaty upon:
    (a) their exchange between the contracting States;
    (b) their deposit with the depositary; or
    (c) their notification to the contracting States or to the 
depositary, if so agreed.

                               Article 17

    Consent to be bound by part of a treaty and choice of differing 
                               provisions

    1. Without prejudice to articles 19 to 23, the consent of a 
State to be bound by part of a treaty is effective only if the 
treaty so permits or the other contracting States so agree.
    2. The consent of a State to be bound by a treaty which 
permits a choice between differing provisions is effective only 
if it is made clear to which of the provisions the consent 
relates.

                               Article 18

 Obligation not to defeat the object and purpose of a treaty prior to 
                          its entry into force

    A State is obliged to refrain from acts which would defeat 
the object and purpose of a treaty when:
    (a) it has signed the treaty or has exchanged instruments 
constituting the treaty subject to ratification, acceptance or 
approval, until it shall have made its intention clear not to 
become a party to the treaty; or
    (b) it has expressed its consent to be bound by the treaty, 
pending the entry into force of the treaty and provided that 
such entry into force is not unduly delayed.

                        SECTION 2. RESERVATIONS

                               Article 19

                      Formulation of reservations

    A State may, when signing, ratifying, accepting, approving 
or acceding to a treaty, formulate a reservation unless:
    (a) the reservation is prohibited by the treaty;
    (b) the treaty provides that only specified reservations, 
which do not include the reservation in question, may be made; 
or
    (c) in cases not failing under subparagraphs (a) and (b), 
the reservation is incompatible with the object and purpose of 
the treaty.

                               Article 20

              Acceptance of and objection to reservations

    1. A reservation expressly authorized by a treaty does not 
require any subsequent acceptance by the other contracting 
States unless the treaty so provides.
    2. When it appears from the limited number of the 
negotiating States and the object and purpose of a treaty that 
the application of the treaty in its entirety between all the 
parties is an essential condition of the consent of each one to 
be bound by the treaty, a reservation requires acceptance by 
all the parties.
    3. When a treaty is a constituent instrument of an 
international organization and unless it otherwise provides, a 
reservation requires the acceptance of the competent organ of 
that organization.
    4. In cases not falling under the preceding paragraphs and 
unless the treaty otherwise provides:
    (a) acceptance by another contracting State of a 
reservation constitutes the reserving State a party to the 
treaty in relation to that other State if or when the treaty is 
in force for those States;
    (b) an objection by another contracting State to a 
reservation does not preclude the entry into force of the 
treaty as between the objecting and reserving States unless a 
contrary intention is definitely expressed by the objecting 
State;
    (c) an act expressing a State's consent to be bound by the 
treaty and containing a reservation is effective as soon as at 
least one other contracting State has accepted the reservation.
    5. For the purposes of paragraphs 2 and 4 and unless the 
treaty otherwise provides, a reservation is considered to have 
been accepted by a State if it shall have raised no objection 
to the reservation by the end of a period of twelve months 
after it was notified of the reservation or by the date on 
which it expressed its consent to be bound by the treaty, 
whichever is later.

                               Article 21

    Legal effects of reservations and of objections to reservations

    1. A reservation established with regard to another party 
in accordance with articles 19, 20 and 23:
    (a) modifies for the reserving State in its relations with 
that other party the provisions of the treaty to which the 
reservation relates to the extent of the reservation; and
    (b) modifies those provisions to the same extent for that 
other party in its relations with the reserving State.
    2. The reservation does not modify the provisions of the 
treaty for the other parties to the treaty inter se.
    3. When a State objecting to a reservation has not opposed 
the entry into force of the treaty between itself and the 
reserving State, the provisions to which the reservation 
relates do not apply as between the two States to the extent of 
the reservation.

                               Article 22

      Withdrawal of reservations and of objections to reservations

    1. Unless the treaty otherwise provides, a reservation may 
be withdrawn at any time and the consent of a State which has 
accepted the reservation is not required for its withdrawal.
    2. Unless the treaty otherwise provides, an objection to a 
reservation may be withdrawn at any time.
    3. Unless the treaty otherwise provides, or it is otherwise 
agreed:
    (a) the withdrawal of a reservation becomes operative in 
relation to another contracting State only when notice of it 
has been received by that State;
    (b) the withdrawal of an objection to a reservation becomes 
operative only when notice of it has been received by the State 
which formulated the reservation.

                               Article 23

                    Procedure regarding reservations

    1. A reservation, an express acceptance of a reservation 
and an objection to a reservation must be formulated in writing 
and communicated to the contracting States and other States 
entitled to become parties to the treaty.
    2. If formulated when signing the treaty subject to 
ratification, acceptance or approval, a reservation must be 
formally confirmed by the reserving State when expressing its 
consent to be bound by the treaty. In such a case the 
reservation shall be considered as having been made on the date 
of its confirmation.
    3. An express acceptance of, or an objection to, a 
reservation made previously to confirmation of the reservation 
does not itself require confirmation.
    4. The withdrawal of a reservation or of an objection to a 
reservation must be formulated in writing.

  SECTION 3. ENTRY INTO FORCE AND PROVISIONAL, APPLICATION OF TREATIES

                               Article 24

                            Entry into force

    1. A treaty enters into force in such manner and upon such 
date as it may provide or as the negotiating States may agree.
    2. Failing any such provision or agreement, a treaty enters 
into force as soon as consent to be bound by the treaty has 
been established for all the negotiating States.
    3. When the consent of a State to be bound by a treaty is 
established on a date after the treaty has come into force, the 
treaty enters into force for that State on that date, unless 
the treaty otherwise provides.
    4. The provisions of a treaty regulating the authentication 
of its text, the establishment of the consent of States to be 
bound by the treaty, the manner or date of its entry into 
force, reservations, the functions of the depositary and other 
matters arising necessarily before the entry into force of the 
treaty apply from the time of the adoption of its text.

                               Article 25

                        Provisional application

    1. A treaty or a part of a treaty is applied provisionally 
pending its entry into force if:
    (a) the treaty itself so provides; or
    (b) the negotiating States have in some other manner so 
agreed.
    2. Unless the treaty otherwise provides or the negotiating 
States have otherwise agreed, the provisional application of a 
treaty or a part of a treaty with respect to a State shall be 
terminated if that State notifies the other States between 
which the treaty is being applied provisionally of its 
intention not to become a party to the treaty.

                               PART III.

         OBSERVANCE, APPLICATION AND INTERPRETATION OF TREATIES

                   SECTION 1. OBSERVANCE OF TREATIES

                               Article 26

                        ``Pacta sunt servanda''

    Every treaty in force is binding upon the parties to it and 
must be performed by them in good faith.

                               Article 27

                Internal law and observance of treaties

    A party may not invoke the provisions of its internal law 
as justification for its failure to perform a treaty. This rule 
is without prejudice to article 46.

                   SECTION 2. APPLICATION OF TREATIES

                               Article 28

                     Non-retroactivity of treaties

    Unless a different intention appears from the treaty or is 
otherwise established, its provisions do not bind a party in 
relation to any act or fact which took place or any situation 
which ceased to exist before the date of the entry into force 
of the treaty with respect to that party.

                               Article 29

                     Territorial scope of treaties

    Unless a different intention appears from the treaty or is 
otherwise established, a treaty is binding upon each party in 
respect of its entire territory.

                               Article 30

 Application of successive treaties relating to the same subject matter

    1. Subject to Article 103 of the Charter of the United 
Nations, the rights and obligations of States Parties to 
successive treaties relating to the same subject matter shall 
be determined in accordance with the following paragraphs.
    2. When a treaty specifies that it is subject to, or that 
it is not to be considered as incompatible with, an earlier or 
later treaty, the provisions of that other treaty prevail.
    3. When all the parties to the earlier treaty are parties 
also to the later treaty but the earlier treaty is not 
terminated or suspended in operation under article 59, the 
earlier treaty applies only to the extent that its provisions 
are compatible with those of the later treaty.
    4. When the parties to the later treaty do not include all 
the parties to the earlier one:
    (a) as between States Parties to both treaties the same 
rule applies as in paragraph 3;
    (b) as between a State party to both treaties and a State 
party to only one of the treaties, the treaty to which both 
States are parties governs their mutual rights and obligations.
    5. Paragraph 4 is without prejudice to article 41, or to 
any question of the termination or suspension of the operation 
of a treaty under article 60 or to any question of 
responsibility which may arise for a State from the conclusion 
or application of a treaty the provisions of which are 
incompatible with its obligations towards another State under 
another treaty.

                 SECTION 3. INTERPRETATION OF TREATIES

                               Article 31

                     General rule of interpretation

    1. A treaty shall be interpreted in good faith in 
accordance with the ordinary meaning to be given to the terms 
of the treaty in their context and in the light of its object 
and purpose.
    2. The context for the purpose of the interpretation of a 
treaty shall comprise, in addition to the text, including its 
preamble and annexes:
    (a) any agreement relating to the treaty which was made 
between all the parties in connection with the conclusion of 
the treaty;
    (b) any instrument which was made by one or more parties in 
connection with the conclusion of the treaty and accepted by 
the other parties as an instrument related to the treaty.
    3. There shall be taken into account, together with the 
context:
    (a) any subsequent agreement between the parties regarding 
the interpretation of the treaty or the application of its 
provisions;
    (b) any subsequent practice in the application of the 
treaty which establishes the agreement of the parties regarding 
its interpretation;
    (c) any relevant rules of international law applicable in 
the relations between the parties.
    4. A special meaning shall be given to a term if it is 
established that the parties so intended.

                               Article 32

                 Supplementary means of interpretation

    Recourse may be had to supplementary means of 
interpretation, including the preparatory work of the treaty 
and the circumstances of its conclusion, in order to confirm 
the meaning resulting from the application of article 31, or to 
determine the meaning when the interpretation according to 
article 31:
    (a) leaves the meaning ambiguous or obscure; or
    (b) leads to a result which is manifestly absurd or 
unreasonable.

                               Article 33

   Interpretation of treaties authenticated in two or more languages

    1. When a treaty has been authenticated in two or more 
languages, the text is equally authoritative in each language, 
unless the treaty provides or the parties agree that, in case 
of divergence, a particular text shall prevail.
    2. A version of the treaty in a language other than one of 
those in which the text was authenticated shall be considered 
an authentic text only if the treaty so provides or the parties 
so agree.
    3. The terms of the treaty are presumed to have the same 
meaning in each authentic text.
    4. Except where a particular text prevails in accordance 
with paragraph 1, when a comparison of the authentic texts 
discloses a difference of meaning which the application of 
articles 31 and 32 does not remove, the meaning which best 
reconciles the texts, having regard to the object and purpose 
of the treaty, shall be adopted.

                  SECTION 4. TREATIES AND THIRD STATES

                               Article 34

                  General rule regarding third States

    A treaty does not create either obligations or rights for a 
third State without its consent.

                               Article 35

          Treaties providing for obligations for third States

    An obligation arises for a third State from a provision of 
a treaty if the parties to the treaty intend the provision to 
be the means of establishing the obligation and the third State 
expressly accepts that obligation in writing.

                               Article 36

             Treaties providing for rights for third States

    1. A right arises for a third State from a provision of a 
treaty if the parties to the treaty intend the provision to 
accord that right either to the third State, or to a group of 
States to which it belongs, or to all States, and the third 
State assents thereto. Its assent shall be presumed so long as 
the contrary is not indicated, unless the treaty otherwise 
provides.
    2. A State exercising a right in accordance with paragraph 
1 shall comply with the conditions for its exercise provided 
for in the treaty or established in conformity with the treaty.

                               Article 37

  Revocation or modification of obligations or rights of third States

    1. When an obligation has arisen for a third State in 
conformity with article 35, the obligation may be revoked or 
modified only with the consent of the parties to the treaty and 
of the third State, unless it is established that they had 
otherwise agreed.
    2. When a right has arisen for a third State in conformity 
with article 36, the right may not be revoked or modified by 
the parties if it is established that the right was intended 
not to be revocable or subject to modification without the 
consent of the third State.

                               Article 38

      Rules in a treaty becoming binding on third States through 
                          international custom

    Nothing in articles 34 to 37 precludes a rule set forth in 
a treaty from becoming binding upon a third State as a 
customary rule of international law, recognized as such.

                                PART IV.

                 AMENDMENT AND MODIFICATION OF TREATIES

                               Article 39

            General rule regarding the amendment of treaties

    A treaty may be amended by agreement between the parties. 
The rules laid down in Part II apply to such an agreement 
except insofar as the treaty may otherwise provide.

                               Article 40

                   Amendment of multilateral treaties

    1. Unless the treaty otherwise provides, the amendment of 
multilateral treaties shall be governed by the following 
paragraphs.
    2. Any proposal to amend a multilateral treaty as between 
all the parties must be notified to all the contracting States, 
each one of which shall have the right to take part in:
    (a) the decision as to the action to be taken in regard to 
such proposal;
    (b) the negotiation and conclusion of any agreement for the 
amendment of the treaty.
    3. Every State entitled to become a party to the treaty 
shall also be entitled to become a party to the treaty as 
amended.
    4. The amending agreement does not bind any State already a 
party to the treaty which does not become a party to the 
amending agreement; article 30, paragraph 4 (b), applies in 
relation to such State.
    5. Any State which becomes a party to the treaty after the 
entry into force of the amending agreement shall, failing an 
expression of a different intention by that State:
    (a) be considered as a party to the treaty as amended; and
    (b) be considered as a party to the unamended treaty in 
relation to any party to the treaty not bound by the amending 
agreement.

                               Article 41

   Agreements to modify multilateral treaties between certain of the 
                              parties only

    1. Two or more of the parties to a multilateral treaty may 
conclude an agreement to modify the treaty as between 
themselves alone if:
    (a) the possibility of such a modification is provided for 
by the treaty; or
    (b) the modification in question is not prohibited by the 
treaty and:
    (i) does not affect the enjoyment by the other parties of 
their rights under the treaty or the performance of their 
obligations;
    (ii) does not relate to a provision, derogation from which 
is incompatible with the effective execution of the object and 
purpose of the treaty as a whole.
    2. Unless in a case falling under paragraph 1(a) the treaty 
otherwise provides, the parties in question shall notify the 
other parties of their intention to conclude the agreement and 
of the modification to the treaty for which it provides.

                                PART V.

  INVALIDITY, TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES

                     SECTION 1. GENERAL PROVISIONS

                               Article 42

             Validity and continuance in force of treaties

    1. The validity of a treaty or of the consent of a State to 
be bound by a treaty may be impeached only through the 
application of the present Convention.
    2. The termination of a treaty, its denunciation or the 
withdrawal of a party, may take place only as a result of the 
application of the provisions of the treaty or of the present 
Convention. The same rule applies to suspension of the 
operation of a treaty.

                               Article 43

   Obligations imposed by international law independently of a treaty

    The invalidity, termination or denunciation of a treaty, 
the withdrawal of a party from it, or the suspension of its 
operation, as a result of the application of the present 
Convention or of the provisions of the treaty, shall not in any 
way impair the duty of any State to fulfil any obligation 
embodied in the treaty to which it would be subject under 
international law independently of the treaty.

                               Article 44

                   Separability of treaty provisions

    1. A right of a party, provided for in a treaty or arising 
under article 56, to denounce, withdraw from or suspend the 
operation of the treaty may be exercised only with respect to 
the whole treaty unless the treaty otherwise provides or the 
parties otherwise agree.
    2. A ground for invalidating, terminating, withdrawing from 
or suspending the operation of a treaty recognized in the 
present Convention may be invoked only with respect to the 
whole treaty except as provided in the following paragraphs or 
in article 60.
    3. If the ground relates solely to particular clauses, it 
may be invoked only with respect to those clauses where:
    (a) the said clauses are separable from the remainder of 
the treaty with regard to their application;
    (b) it appears from the treaty or is otherwise established 
that acceptance of those clauses was not an essential basis of 
the consent of the other party or parties to be bound by the 
treaty as a whole; and
    (c) continued performance of the remainder of the treaty 
would not be unjust.
    4. In cases falling under articles 49 and 50, the State 
entitled to invoke the fraud or corruption may do so with 
respect either to the whole treaty or, subject to paragraph 3, 
to the particular clauses alone.
    5. In cases falling under articles 51, 52 and 53, no 
separation of the provisions of the treaty is permitted.

                               Article 45

   Loss of a right to invoke a ground for invalidating, terminating, 
        withdrawing from or suspending the operation of a treaty

    A State may no longer invoke a ground for invalidating, 
terminating, withdrawing from or suspending the operation of a 
treaty under articles 46 to 50 or articles 60 and 62 if, after 
becoming aware of the facts:
    (a) it shall have expressly agreed that the treaty is valid 
or remains in force or continues in operation, as the case may 
be; or
    (b) it must by reason of its conduct be considered as 
having acquiesced in the validity of the treaty or in its 
maintenance in force or in operation, as the case may be.

                   SECTION 2. INVALIDITY OF TREATIES

                               Article 46

  Provisions of internal law regarding competence to conclude treaties

    1. A State may not invoke the fact that its consent to be 
bound by a treaty has been expressed in violation of a 
provision of its internal law regarding competence to conclude 
treaties as invalidating its consent unless that violation was 
manifest and concerned a rule of its internal law of 
fundamental importance.
    2. A violation is manifest if it would be objectively 
evident to any State conducting itself in the matter in 
accordance with normal practice and in good faith.

                               Article 47

  Specific restrictions on authority to express the consent of a State

    If the authority of a representative to express the consent 
of a State to be bound by a particular treaty has been made 
subject to a specific restriction, his omission to observe that 
restriction may not be invoked as invalidating the consent 
expressed by him unless the restriction was notified to the 
other negotiating States prior to his expressing such consent.

                               Article 48

                                 Error

    1. A State may invoke an error in a treaty as invalidating 
its consent to be bound by the treaty if the error relates to a 
fact or situation which was assumed by that State to exist at 
the time when the treaty was concluded and formed an essential 
basis of its consent to be bound by the treaty.
    2. Paragraph 1 shall not apply if the State in question 
contributed by its own conduct to the error or if the 
circumstances were such as to put that State on notice of a 
possible error.
    3. An error relating only to the wording of the text of a 
treaty does not affect its validity; article 79 then applies.

                               Article 49

                                 Fraud

    If a State has been induced to conclude a treaty by the 
fraudulent conduct of another negotiating State, the State may 
invoke the fraud as invalidating its consent to be bound by the 
treaty.

                               Article 50

               Corruption of a representative of a State

    If the expression of a State's consent to be bound by a 
treaty has been procured through the corruption of its 
representative directly or indirectly by another negotiating 
State, the State may invoke such corruption as invalidating its 
consent to be bound by the treaty.

                               Article 51

                Coercion of a representative of a State

    The expression of a State's consent to be bound by a treaty 
which has been procured by the coercion of its representative 
through acts or threats directed against him shall be without 
any legal effect.

                               Article 52

           Coercion of a State by the threat or use of force

    A treaty is void if its conclusion has been procured by the 
threat or use of force in violation of the principles of 
international law embodied in the Charter of the United 
Nations.

                               Article 53

 Treaties conflicting with a peremptory norm of general international 
                          law (``jus cogens'')

    A treaty is void if, at the time of its conclusion, it 
conflicts with a peremptory norm of general international law. 
For the purposes of the present Convention, a peremptory norm 
of general international law is a norm accepted and recognized 
by the international community of States as a whole as a norm 
from which no derogation is permitted and which can be modified 
only by a subsequent norm of general international law having 
the same character.

   SECTION 3. TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES

                               Article 54

 Termination of or withdrawal from a treaty under its provisions or by 
                         consent of the parties

    The termination of a treaty or the withdrawal of a party 
may take place:
    (a) in conformity with the provisions of the treaty; or
    (b) at any time by consent of all the parties after 
consultation with the other contracting States.

                               Article 55

  Reduction of the parties to a multilateral treaty below the number 
                   necessary for its entry into force

    Unless the treaty otherwise provides, a multilateral treaty 
does not terminate by reason only of the fact that the number 
of the parties falls below the number necessary for its entry 
into force.

                               Article 56

  Denunciation of or withdrawal from a treaty containing no provision 
           regarding termination, denunciation or withdrawal

    1. A treaty which contains no provision regarding its 
termination and which does not provide for denunciation or 
withdrawal is not subject to denunciation or withdrawal unless:
    (a) it is established that the parties intended to admit 
the possibility of denunciation or withdrawal; or
    (b) a right of denunciation or withdrawal may be implied by 
the nature of the treaty.
    2. A party shall give not less than twelve months' notice 
of its intention to denounce or withdraw from a treaty under 
paragraph 1.

                               Article 57

  Suspension of the operation of a treaty under its provisions or by 
                         consent of the parties

    The operation of a treaty in regard to all the parties or 
to a particular party may be suspended:
    (a) in conformity with the provisions of the treaty; or
    (b) at any time by consent of all the parties after 
consultation with the other contracting States.

                               Article 58

   Suspension of the operation of a multilateral treaty by agreement 
                  between certain of the parties only

    1. Two or more parties to a multilateral treaty may 
conclude an agreement to suspend the operation of provisions of 
the treaty, temporarily and as between themselves alone, if:
    (a) the possibility of such a suspension is provided for by 
the treaty; or
    (b) the suspension in question is not prohibited by the 
treaty and:
    (i) does not affect the enjoyment by the other parties of 
their rights under the treaty or the performance of their 
obligations;
    (ii) is not incompatible with the object and purpose of the 
treaty.
    2. Unless in a case falling under paragraph 1(a) the treaty 
otherwise provides, the parties in question shall notify the 
other parties of their intention to conclude the agreement and 
of those provisions of the treaty the operation of which they 
intend to suspend.

                               Article 59

   Termination or suspension of the operation of a treaty implied by 
                      conclusion of a later treaty

    1. A treaty shall be considered as terminated if all the 
parties to it conclude a later treaty relating to the same 
subject matter and:
    (a) it appears from the later treaty or is otherwise 
established that the parties intended that the matter should be 
governed by that treaty; or
    (b) the provisions of the later treaty are so far 
incompatible with those of the earlier one that the two 
treaties are not capable of being applied at the same time.
    2. The earlier treaty shall be considered as only suspended 
in operation if it appears from the later treaty or is 
otherwise established that such was the intention of the 
parties.

                               Article 60

Termination or suspension of the operation of a treaty as a consequence 
                             of its breach

    1. A material breach of a bilateral treaty by one of the 
parties entitles the other to invoke the breach as a ground for 
terminating the treaty or suspending its operation in whole or 
in part.
    2. A material breach of a multilateral treaty by one of the 
parties entitles:
    (a) the other parties by unanimous agreement to suspend the 
operation of the treaty in whole or in part or to terminate it 
either:
    (i) in the relations between themselves and the defaulting 
State; or
    (ii) as between all the parties;
    (b) a party specially affected by the breach to invoke it 
as a ground for suspending the operation of the treaty in whole 
or in part in the relations between itself and the defaulting 
State;
    (c) any party other than the defaulting State to invoke the 
breach as a ground for suspending the operation of the treaty 
in whole or in part with respect to itself if the treaty is of 
such a character that a material breach of its provisions by 
one party radically changes the position of every party with 
respect to the further performance of its obligations under the 
treaty.
    3. A material breach of a treaty, for the purposes of this 
article, consists in:
    (a) a repudiation of the treaty not sanctioned by the 
present Convention; or
    (b) the violation of a provision essential to the 
accomplishment of the object or purpose of the treaty.
    4. The foregoing paragraphs are without prejudice to any 
provision in the treaty applicable in the event of a breach.
    5. Paragraphs 1 to 3 do not apply to provisions relating to 
the protection of the human person contained in treaties of a 
humanitarian character, in particular to provisions prohibiting 
any form of reprisals against persons protected by such 
treaties.

                               Article 61

                Supervening impossibility of performance

    1. A party may invoke the impossibility of performing a 
treaty as a ground for terminating or withdrawing from it if 
the impossibility results from the permanent disappearance or 
destruction of an object indispensable for the execution of the 
treaty. If the impossibility is temporary, it may be invoked 
only as a ground for suspending the operation of the treaty.
    2. Impossibility of performance may not be invoked by a 
party as a ground for terminating, withdrawing from or 
suspending the operation of a treaty if the impossibility is 
the result of a breach by that party either of an obligation 
under the treaty or of any other international obligation owed 
to any other party to the treaty.

                               Article 62

                  Fundamental change of circumstances

    1. A fundamental change of circumstances which has occurred 
with regard to those existing at the time of the conclusion of 
a treaty, and which was not foreseen by the parties, may not be 
invoked as a ground for terminating or withdrawing from the 
treaty unless:
    (a) the existence of those circumstances constituted an 
essential basis of the consent of the parties to be bound by 
the treaty; and
    (b) the effect of the change is radically to transform the 
extent of obligations still to be performed under the treaty.
    2. A fundamental change of circumstances may not be invoked 
as a ground for terminating or withdrawing from a treaty:
    (a) if the treaty establishes a boundary; or
    (b) if the fundamental change is the result of a breach by 
the party invoking it either of an obligation under the treaty 
or of any other international obligation owed to any other 
party to the treaty.
    3. If, under the foregoing paragraphs, a party may invoke a 
fundamental change of circumstances as a ground for terminating 
or withdrawing from a treaty it may also invoke the change as a 
ground for suspending the operation of the treaty.

                               Article 63

             Severance of diplomatic or consular relations

    The severance of diplomatic or consular relations between 
parties to a treaty does not affect the legal relations 
established between them by the treaty except insofar as the 
existence of diplomatic or consular relations is indispensable 
for the application of the treaty.

                               Article 64

Emergence of a new peremptory norm of general international law (``jus 
                               cogens'')

    If a new peremptory norm of general international law 
emerges, any existing treaty which is in conflict with that 
norm becomes void and terminates.

                          SECTION 4. PROCEDURE

                               Article 65

   Procedure to be followed with respect to invalidity, termination, 
       withdrawal from or suspension of the operation of a treaty

    1. A party which, under the provisions of the present 
Convention, invokes either a defect in its consent to be bound 
by a treaty or a ground for impeaching the validity of a 
treaty, terminating it, withdrawing from it or suspending its 
operation, must notify the other parties of its claim. The 
notification shall indicate the measure proposed to be taken 
with respect to the treaty and the reasons therefor.
    2. If, after the expiry of a period which, except in cases 
of special urgency, shall not be less than three months after 
the receipt of the notification, no party has raised any 
objection, the party making the notification may carry out in 
the manner provided in article 67 the measure which it has 
proposed.
    3. If, however, objection has been raised by any other 
party, the parties shall seek a solution through the means 
indicated in Article 33 of the Charter of the United Nations.
    4. Nothing in the foregoing paragraphs shall affect the 
rights or obligations of the parties under any provisions in 
force binding the parties with regard to the settlement of 
disputes.
    5. Without prejudice to article 45, the fact that a State 
has not previously made the notification prescribed in 
paragraph 1 shall not prevent it from making such notification 
in answer to another party claiming performance of the treaty 
or alleging its violation.

                               Article 66

    Procedures for judicial settlement, arbitration and conciliation

    If, under paragraph 3 of article 65, no solution has been 
reached within a period of 12 months following the date on 
which the objection was raised, the following procedures shall 
be followed:
    (a) any one of the parties to a dispute concerning the 
application or the interpretation of article 53 or 64 may, by a 
written application, submit it to the International Court of 
Justice for a decision unless the parties by common consent 
agree to submit the dispute to arbitration;
    (b) any one of the parties to a dispute concerning the 
application or the interpretation of any of the other articles 
in part V of the present Convention may set in motion the 
procedure specified in the Annex to the Convention by 
submitting a request to that effect to the Secretary-General of 
the United Nations.

                               Article 67

  Instruments for declaring invalid, terminating, withdrawing from or 
                  suspending the operation of a treaty

    1. The notification provided for under article 65, 
paragraph 1, must be made in writing.
    2. Any act of declaring invalid, terminating, withdrawing 
from or suspending the operation of a treaty pursuant to the 
provisions of the treaty or of paragraphs 2 or 3 of article 65 
shall be carried out through an instrument communicated to the 
other parties. If the instrument is not signed by the Head of 
State, Head of Government or Minister for Foreign Affairs, the 
representative of the State communicating it may be called upon 
to produce full powers.

                               Article 68

Revocation of notifications and instruments provided for in articles 65 
                                 and 67

    A notification or instrument provided for in article 65 or 
67 may be revoked at any time before it takes effect.

SECTION 5. CONSEQUENCES OF THE INVALIDITY, TERMINATION OR SUSPENSION OF 
                       THE OPERATION OF A TREATY

                               Article 69

               Consequences of the invalidity of a treaty

    1. A treaty the invalidity of which is established under 
the present Convention is void. The provisions of a void treaty 
have no legal force.
    2. If acts have nevertheless been performed in reliance on 
such a treaty:
    (a) each party may require any other party to establish as 
far as possible in their mutual relations the position that 
would have existed if the acts had not been performed;
    (b) acts performed in good faith before the invalidity was 
invoked are not rendered unlawful by reason only of the 
invalidity of the treaty.
    3. In cases falling under article 49, 50, 51 or 52, 
paragraph 2 does not apply with respect to the party to which 
the fraud, the act of corruption or the coercion is imputable.
    4. In the case of the invalidity of a particular State's 
consent to be bound by a multilateral treaty, the foregoing 
rules apply in the relations between that State and the parties 
to the treaty.

                               Article 70

              Consequences of the termination of a treaty

    1. Unless the treaty otherwise provides or the parties 
otherwise agree, the termination of a treaty under its 
provisions or in accordance with the present Convention:
    (a) releases the parties from any obligation further to 
perform the treaty;
    (b) does not affect any right, obligation or legal 
situation of the parties created through the execution of the 
treaty prior to its termination.
    2. If a State denounces or withdraws from a multilateral 
treaty, paragraph 1 applies in the relations between that State 
and each of the other parties to the treaty from the date when 
such denunciation or withdrawal takes effect.

                               Article 71

   Consequences of the invalidity of a treaty which conflicts with a 
              peremptory norm of general international law

    1. In the case of a treaty which is void under article 53 
the parties shall:
    (a) eliminate as far as possible the consequences of any 
act performed in reliance on any provision which conflicts with 
the peremptory norm of general international law; and
    (b) bring their mutual relations into conformity with the 
peremptory norm of general international law.
    2. In the case of a treaty which becomes void and 
terminates under article 64, the termination of the treaty:
    (a) releases the parties from any obligation further to 
perform the treaty;
    (b) does not affect any right, obligation or legal 
situation of the parties created through the execution of the 
treaty prior to its termination, provided that those rights, 
obligations or situations may thereafter be maintained only to 
the extent that their maintenance is not in itself in conflict 
with the new peremptory norm of general international law.

                               Article 72

      Consequences of the suspension of the operation of a treaty

    1. Unless the treaty otherwise provides or the parties 
otherwise agree, the suspension of the operation of a treaty 
under its provisions or in accordance with the present 
Convention:
    (a) releases the parties between which the operation of the 
treaty is suspended from the obligation to perform the treaty 
in their mutual relations during the period of the suspension;
    (b) does not otherwise affect the legal relations between 
the parties established by the treaty.
    2. During the period of the suspension the parties shall 
refrain from acts tending to obstruct the resumption of the 
operation of the treaty.

                                PART VI.

                        MISCELLANEOUS PROVISIONS

                               Article 73

    Cases of State succession, State responsibility and outbreak of 
                              hostilities

    The provisions of the present Convention shall not prejudge 
any question that may arise in regard to a treaty from a 
succession of States or from the international responsibility 
of a State or from the outbreak of hostilities between States.

                               Article 74

    Diplomatic and consular relations and the conclusion of treaties

    The severance or absence of diplomatic or consular 
relations between two or more States does not prevent the 
conclusion of treaties between those States. The conclusion of 
a treaty does not in itself affect the situation in regard to 
diplomatic or consular relations.

                               Article 75

                       Case of an aggressor State

    The provisions of the present Convention are without 
prejudice to any obligation in relation to a treaty which may 
arise for an aggressor State in consequence of measures taken 
in conformity with the Charter of the United Nations with 
reference to that State's aggression.

=======================================================================


                                 PART 3

                         ACCOMPANYING TREATIES

=======================================================================


ACCOMPANYING TREATIES

ACCOMPANYING TREATIES

    Part 3 of this publication looks at other accompanying 
treaties. These treaties are bilateral and multilateral 
agreements made between the United States and other sovereign 
States.
    Section 1 contains multiple bilateral treaties--treaties 
between the United States and a single other sovereign State. 
In Section 1, only the major spacefaring States or contributors 
to a major spacefaring State are enumerated below. European 
States are unique in that 22 of European States are members of 
the European Space Agency, therefore in absence of a singular 
European State, this publication includes bilateral treaties 
with the European Space Agency, hereinafter referred to as the 
ESA.
    Section 2 contains multilateral treaties--treaties signed 
between the United States and more than one other sovereign 
State. Only two treaties are included in Section two, one of 
which focuses on the use of conveying information of a person 
or object in distress by conveying information from satellites 
to track their global positioning via beacon activated by the 
person or object. The second multilateral treaty is an 
agreement on how to utilize and support the International Space 
Station. This is of some importance especially as the United 
States continues to push for greater commercial opportunities 
on the International Space Station.

=======================================================================


                               SECTION 1

     BILATERAL TREATIES--BILATERAL TREATIES WITH THE UNITED STATES

======================================================================= 
011____________________________________________________________________


ACCOMPANYING TREATIES

BILATERAL TREATIES

                         European Space Agency

Memorandum of understanding for a cooperative program 
concerning design (Phase B) of a permanently manned space 
station.
    Signed at Paris June 3, 1985.
    Entered into force June 3, 1985.
    TIAS 11351

Memorandum of understanding concerning the Solar Terrestrial 
Science Program, with related exchange of letters.
    Signed at Washington November 30, 1989.
    Entered into force November 30, 1989.
    TIAS 12216

Memorandum of understanding concerning cooperation on the civil 
international space station.
    Signed at Washington January 29, 1998.
    Entered into force November 27, 2007.
    TIAS

Agreement concerning network and operations cross-support.
    Signed at Washington March 21, 2007.
    Entered into force March 21, 2007.
    TIAS 07-321

Memorandum of understanding concerning the James Webb space 
telescope.
    Signed at Paris June 18, 2007.
    Entered into force June 18, 2007.
    TIAS 07-618.1

Agreement concerning cooperation on the robotic exploration of 
Mars.
    Exchange of letters at Paris and Washington June 22 and 28, 
2010.
    Entered into force June 28, 2010.
    TIAS 10-628

Memorandum of understanding concerning the solar orbiter 
mission.
    Signed at Paris and Washington February 23 and March 6, 
2012.
    Entered into force March 6, 2012.
    TIAS 12-306

Memorandum of understanding concerning the 2016 Exomars 
Mission.
    Signed at Paris and Washington April 14 and 29, 2014.
    Entered into force April 29, 2014.
    TIAS 14-429

                                 China

Memorandum of agreement on liability for satellite launches.
    Signed at Washington December 17, 1988.
    Entered into force March 16, 1989.
    TIAS

                           Russian Federation

Agreement concerning cooperation in the exploration and use of 
outer space for peaceful purposes, with annex.
    Signed at Washington June 17, 1992.
    Entered into force June 17, 1992.
    TIAS 12457
Amendments and Extensions:
    June 13 and 16, 1997
    July 3 and August 9, 2002
    December 3 and 26, 2007 and January 25, 2008 (TIAS 07-
1227.1)
    August 25, 2011 and April 3, 2013 (TIAS 07-1227.1)

Interim agreement for the conduct of activities leading to 
Russian partnership in the detailed design, development, 
operation and utilization of the permanently manned civil space 
station.
    Signed at Washington June 23, 1994.
    Entered into force June 30, 1995.
    TIAS

Agreement concerning the procedure for the customs 
documentation and duty-free entry of goods transported within 
the framework of US-Russian cooperation in the exploration and 
use of space for peaceful purposes.
    Signed at Moscow December 16, 1994.
    Entered into force August 26, 1996.
    TIAS 12457
Extensions:
    August 24, 2001 and May 23, 2002 (TIAS 02-523)
    December 14 and 26, 2007 and January 25, 2008 (TIAS 02-523)
    August 25, 2011 and October 4, 2012 (TIAS 02-523)
    August 16, 2016 and March 24, 2017 (TIAS 17-324)

Implementing agreement on the flight of a U.S. stratospheric 
aerosol and gas experiment (SAGE) III and a total ozone mapping 
spectrometer (TOMS) aboard Russian meteor 3M spacecraft, with 
annexes.
    Signed at Moscow December 16, 1994.
    Entered into force February 22, 1995.
    TIAS 12592

Agreement concerning the procedure for customs documentation 
and duty-free entry of goods transported within the framework 
of U.S.-Russian cooperation in the exploration and use of space 
for peaceful purposes.
    Signed at Moscow December 16, 1994.
    Entered into force August 26, 1996.
    TIAS 12588
Extensions:
    August 24, 2001 and May 23, 2002 (TIAS 02-523)
    August 25, 2011 and October 4, 2012 (TIAS 02-523)
    August 16, 2016 and March 24, 2017 (TIAS 17-324)

Implementing agreement on the flight of the Russian High Energy 
Neutron Detector (HEND) on the United States 2001 Mars Odyssey 
Orbiter Mission, with annex.
    Signed April 6, 2001.
    Entered into force April 6, 2001. TIAS 01-406
Amendment and Extension:
    September 12 and 18, 2006 (TIAS 01-406)

Protocol regarding the balance of their contributions and 
obligations to the International Space Station, with 
appendices.
    Signed at Moscow June 11, 1996.
    Entered into force June 11. 1996.
    TIAS 96-611

Addendum to the protocol of June 11, 1996 regarding the balance 
of contributions to the International Space Station.

                                 India

Memorandum of understanding on cooperation concerning NASA's 
moon mineralogy mapper (M3) instrument on ISRO's Chandrayaan 1 
Mission.
    Signed at Bangalore May 9, 2006.
    Entered into force May 9, 2006.
    TIAS 06-509.1

Memorandum of understanding on cooperation concerning NASA's 
miniature synthetic aperture radar instrument on ISRO's 
Chandrayaan 1 Mission.
    Signed at Bangalore May 9, 2006.
    Entered into force May 9, 2006.
    TIAS 06-509

Japan Agreement relating to the establishment by Japan of a 
satellite tracking station in Okinawa.
    Exchange of notes at Tokyo September 2, 1968.
    Entered into force September 2, 1968.
    19 UST 6011; TIAS 6558; 702 UNTS 151
Amendment:
    September 25, 1969 (20 UST 3017; TIAS 6778; 727 UNTS 429)
    Signed at Moscow September 9, 2004.
    Entered into force January 26, 2005.
    TIAS 96-611

Second addendum to the protocol of June 11, 1996 regarding the 
balance of contributions to the International Space Station.
    Signed at Cape Canaveral July 1, 2006.
    Entered into force July 1, 2006.
    TIAS 96-611

Agreement for cooperation in the exploration and use of outer 
space for peaceful purposes.
    Signed at Cape Canaveral February 1, 2008.
    Entered into force February 1, 2008.
    TIAS 08-201

Implementing arrangement for collaboration on Oceansat-2 
activities.
    Signed at Ahmedabad and Washington March 20 and 26, 2012.
    Entered into force March 26, 2012.
    TIAS 12-326

Agreement concerning cooperation in space activities for 
peaceful purposes.
    Exchange of notes at Tokyo July 31, 1969.
    Entered into force July 31, 1969.
    20 UST 2720; TIAS 6735; 720 UNTS 79

    Agreement concerning the furnishing of launching and 
associated services by NASA for Japanese satellites, with 
memorandum of understanding.
    Exchange of notes at Washington May 23, 1975.
    Entered into force May 23, 1975.
    26 UST 1029; TIAS 8090

    Agreement relating to space launch assistance, with 
exchange of letters.
    Exchange of notes at Washington December 3, 1980.
    Entered into force December 3, 1980.
    32 UST 4197; TIAS 9940; 1266 UNTS 143
Memorandum of understanding for a cooperative program 
concerning design (Phase B) of a permanently manned space 
station.
    Signed at Tokyo May 9, 1985.
    Entered into force May 9, 1985.
    TIAS 11327

Agreement concerning cooperation regarding the Geotail 
Scientific Satellite Program.
    Exchange of notes at Tokyo September 25, 1989.
    Entered into force September 25, 1989.
    TIAS 12203

Agreement concerning cross-waiver of liability for cooperation 
in the exploration and use of space for peaceful purposes, with 
annex and exchanges of notes.
    Signed at Washington April 24, 1995.
    Entered into force July 20, 1995.
    TIAS 12638
Amendment:
    December 1, 2008 (TIAS 08-1201.1)
Agreement concerning cooperation on the Advanced Spaceborne 
Thermal Emission and Reflection Radiometer Program, with 
memorandum of understanding.
    Exchange of notes at Washington October 24, 1996.
    Entered into force October 24, 1996.
    TIAS 12809
Extension:
    October 19, 2012 (TIAS 12-1019)

Agreement concerning cooperation on the Tropical Rainfall 
Measuring Mission Program, with memorandum of understanding of 
October 20, 1995, and its amendment.
    Exchange of notes at Washington May 30, 1997.
    Entered into force May 30, 1997.
    TIAS 97-530
Extensions:
    June 2, 1997 (TIAS 97-530)
    May 28, 2002 (TIAS 97-530)
    May 22, 2008 (TIAS 97-530)

Agreement concerning cooperation on the Advanced Microwave 
Scanning Radiometer E (AMSR E) Program.
    Exchange of notes at Washington November 30, 1998.
    Entered into force November 30, 1998.
    TIAS 13004
Extension:
    May 22, 2008 (TIAS 08-522)

Agreement for cooperation on the MU Space Engineering 
Spacecraft-C (MUSES-C) Program, with memorandum of 
understanding.
    Exchange of notes at Washington April 25, 2003.
    Entered into force April 25, 2003.
    TIAS 03-425
Extension:
    April 22, 2011 (TIAS 03-425)
Agreement for the x ray astronomy satellite (ASTRO EII) 
project, with memorandum of understanding.
    Exchange of notes at Washington June 10, 2005.
    Entered into force June 10, 2005.
    TIAS 05-610
Extension:
    June 6, 2012 (TIAS 05-610)

Agreement concerning activities related to the solar physics 
satellite (Solar B) project, with memorandum of understanding.
    Exchange of notes at Washington June 10, 2005.
    Entered into force June 10, 2005.
    TIAS 05-610.1
Extension:
    June 5, 2013 (TIAS 13-605)
    June 8, 2018 (TIAS 18-608)

Agreement for cooperation on the development and operations 
activity of a Global Precipitation Measurement (GPM) mission, 
with memorandum of understanding.
    Exchange of notes at Washington December 19, 2008.
    Entered into force December 19, 2008.
    TIAS 08-1219 and 08-1219A

Agreement concerning the space situational awareness services 
and information sharing for the safety of space, with 
memorandum of understanding.
    Exchange of notes at Tokyo May 28, 2013.
    Entered into force May 28, 2013.
    TIAS 13-528

Agreement for cooperation on the X-ray Astronomy Satellite 
(Astro-H) Project, with memorandum of understanding.
    Exchange of notes at Washington October 8, 2013.
    Entered into force October 8, 2013.
    TIAS 13-1008

Agreement for cooperation on the Greenhouse Gases Observing 
Satellite (GOSAT), the Orbiting Carbon Observatory-2 (OCO-2), 
and the Greenhouse Gases Observing Satellite-2 (GOSAT-2) 
missions, with memorandum of understanding.
    Exchange of notes at Washington November 21, 2014.
    Entered into force November 21, 2014.
    TIAS 14-1121.1

=======================================================================


                               SECTION 2

      MULTILATERAL TREATIES--MISCELLANEOUS INTERNATIONAL TREATIES

=======================================================================


=======================================================================


          THE INTERNATIONAL COSPAS-SARSAT PROGRAMME AGREEMENT

=======================================================================

          THE INTERNATIONAL COSPAS-SARSAT PROGRAMME AGREEMENT
                                CONTENTS

                                                                   Page
PREAMBLE.........................................................   531
ARTICLE 1  DEFINITIONS...........................................   531
ARTICLE 2  PURPOSE OF THE AGREEMENT..............................   532
ARTICLE 3  GENERAL DESCRIPTION OF THE SYSTEM.....................   532
ARTICLE 4  COOPERATING AGENCIES..................................   533
ARTICLE 5  RESPONSIBILITIES OF PARTIES...........................   533
ARTICLE 6  FINANCIAL MATTERS.....................................   533
ARTICLE 7  STRUCTURE.............................................   534
ARTICLE 8  THE COUNCIL-COMPOSITION AND PROCEDURES................   534
ARTICLE 9  FUNCTIONS OF THE COUNCIL..............................   534
ARTICLE 10  THE SECRETARIAT......................................   535
ARTICLE 11  GROUND SEGMENT PROVIDERS.............................   535
ARTICLE 12  USER STATES..........................................   536
ARTICLE 13  RELATIONSHIP WITH INTERNATIONAL ORGANIZATIONS........   536
ARTICLE 14  LIABILITY............................................   537
ARTICLE 15  SETTLEMENT OF DISPUTES...............................   537
ARTICLE 16  ACCESSION............................................   537
ARTICLE 17  WITHDRAWAL...........................................   538
ARTICLE 18  AMENDMENTS...........................................   538
ARTICLE 19  DEPOSITARY...........................................   538
ARTICLE 20  ENTRY INTO FORCE AND DURATION........................538 01
                                                  ACCOMPANYING TREATIES

          THE INTERNATIONAL COSPAS-SARSAT PROGRAMME AGREEMENT

THE STATES PARTIES TO THIS AGREEMENT:............................
NOTING the successful implementation of the COSPAS-SARSAT Search 
  and Rescue Satellite System established under a Memorandum of 
  Understanding among the Ministry of Merchant Marine of the 
  Union of Soviet Socialist Republics, the National Oceanic and 
  Atmospheric Administration of the United States of America, the 
  Department of National Defence of Canada and the Centre 
  National d'Etudes Spatiales of France which was signed on 5 
  October 1984 and came into effect on 8 July 1985;..............
DESIRING to strengthen the close international cooperation in 
  this humanitarian endeavour;...................................
AWARE of the efforts in the International Maritime Organization 
  to establish a Global Maritime Distress and Safety System, 
  building on the International Convention for the Safety of Life 
  at Sea, done at London on 1 November 1974, on the Convention 
  and Operating Agreement of the International Maritime Satellite 
  Organization (INMARSAT), done at London on 3 September 1976, 
  and the International Convention on Maritime Search and Rescue, 
  done at Hamburg on 27 April 1979, as well as the 
  responsibilities of the International Civil Aviation 
  Organization and the International Telecommunication Union in 
  their respective fields;.......................................
CONVINCED that a worldwide satellite system to provide alert and 
  location services for maritime, aviation and terrestrial 
  distress and safety is important for the efficient operation of 
  search and rescue;.............................................
RECALLING the provisions of the Treaty on Principles Governing 
  the Activities of States in the Exploration and Use of Outer 
  Space, including the Moon and Other Celestial Bodies, of 27 
  January 1967, and other multilateral agreements regarding the 
  use of outer space to which they are Party;....................
RECOGNIZING that it is therefore desirable to operate the COSPAS-
  SARSAT system, in accordance with international law, so as to 
  endeavour to provide long term alert and location services in 
  support of search and rescue and access to the System to all 
  States on a nondiscriminatory basis, and free of charge for the 
  end-user in distress,..........................................
HAVE AGREED AS FOLLOWS:ARTICLE 1.................................

                         ARTICLE 1: DEFINITIONS

--`Party' means a State for which this Agreement has entered into 
  force;.........................................................
--`Programme' means those activities carried out by the Parties 
  to provide, operate and coordinate the COSPAS-SARSAT System, in 
  accordance with this Agreement;................................
--`Cooperating Agency' means an organization designated by a 
  Party for the purpose of implementing the Programme;...........
--`System' means the COSPAS-SARSAT System comprising a Space 
  Segment, a Ground Segment and Radiobeacons, all as described in 
  Article 3;.....................................................
--`Ground Segment Provider' means any State which establishes and 
  operates Ground Segment equipment under the terms of Article 
  11.2;..........................................................
--`User State' means any State that avails itself of the System 
  under the terms of Article 12.2 and Article 12.3.ARTICLE 2.....

                  ARTICLE 2: PURPOSE OF THE AGREEMENT

In fostering international cooperation for search and rescue, the 
  purpose of this Agreement is to:...............................
(a) assure the long term operation of the System;................
(b) provide distress alert and location data from the System to 
  the international community in support of search and rescue 
  operations on a non-discriminatory basis;......................
(c) support, by providing these distress alert and location data, 
  the objectives of the International Maritime Organization and 
  the International Civil Aviation Organization, concerning 
  search and rescue; and.........................................
(d) define the means by which the Parties shall coordinate the 
  management of the System and cooperate with other national 
  authorities and relevant international organizations in the 
  operation and coordination of the System.......................

              ARTICLE 3: GENERAL DESCRIPTION OF THE SYSTEM

    3.1 The System comprises:
    (a) a Space Segment made up, under normal operating 
conditions, of at least four compatible satellite assemblies 
each comprising three basic units:
    (i) a platform moving in low earth polar orbit as a 
mounting for the other units,
    (ii) a receiver-processor and memory unit designed to 
receive, process and store signals received on 406 MHz for 
retransmission, and
    (iii) a repeater unit relaying radiobeacon signals on 121.5 
MHz;
    (b) a Ground Segment comprising:
    (i) Local User Terminals established by the Parties and 
other States to receive signals relayed by the satellites and 
process them to determine radiobeacon location, and
    (ii) Mission Control Centres established by the Parties and 
other States to accept the output from the Local User Terminals 
and convey distress alert and location data to appropriate 
authorities;
    (c) radiobeacons, which are designed to be activated in a 
distress and to transmit a radio signal on frequencies of 406 
MHz and/or 121.5 MHz, the characteristics of which comply with 
appropriate provisions of the International Telecommunication 
Union and COSPAS-SARSAT specifications.
    3.2 The COSPAS-SARSAT Space Segment configuration may be 
enhanced in accordance with decisions of the Council 
established pursuant to Articles 7 and 8.

                    ARTICLE 4: COOPERATING AGENCIES

    4.1 Each Party shall designate a Cooperating Agency which 
shall be responsible for the implementation of the Programme.
    4.2 Each Party shall inform the other Parties of its 
designated Cooperating Agency and of any subsequent changes.

                 ARTICLE 5: RESPONSIBILITIES OF PARTIES

    5.1 The Parties shall contribute to the Programme on a long 
term basis so as to maintain the Space Segment of the System.
    5.2 The contribution of a Party shall be at least one of 
the basic units of the Space Segment of the System.
    5.3 Each Party shall determine its contribution to the 
Space Segment of the System.
    5.4 The initial contributions of the original Parties to 
the Space Segment, under normal operating conditions, are as 
follows:
        Union of Soviet Socialist Republics
          2 platforms
          2 receiver-processor and memory units
          2 repeater units
        United States of America
          2 platforms
        Republic of France
          2 receiver-processor and memory units
        Canada
          2 repeater units
    5.5 In the event of a change to the contribution of a 
Party, that Party shall notify the Depositary of the change.
    5.6 A Party providing a satellite platform shall be 
responsible for its operation. Such operation shall be 
consistent with any technical requirements and the satisfactory 
performance of the System pursuant to Article 9(d).
    5.7 The Parties shall ensure administrative, operational 
and technical coordination among themselves and between the 
Parties and other Ground Segment Providers, and shall endeavour 
to keep User States fully informed regarding the System.
    5.8 The Parties shall endeavour to deliver relevant COSPAS-
SARSAT alert and location data to appropriate search and rescue 
authorities and to coordinate System activities with such 
authorities.
    5.9 Parties shall exchange such information as is necessary 
to permit the performance of their respective obligations 
pursuant to this Agreement.

                      ARTICLE 6: FINANCIAL MATTERS

    6.1 Each Party, in conformity with its domestic funding 
procedures, and subject to the availability of appropriated 
funds, shall be fully responsible for financing all costs 
associated with its contribution to the Space Segment as 
determined pursuant to Article 5, and the common costs arising 
from the obligations of this Agreement.
    6.2 Common costs associated with the organization, 
administration and coordination of the Programme, as agreed in 
the Council, including those incurred in financing the 
activities of the Council and the Secretariat, shall be shared 
equally by the Parties.
    6.3 The reception and transmission of distress alert data 
through the COSPAS-SARSAT Space Segment shall be provided free 
of charge to all States.
    6.4 Non-Party States choosing to participate in activities 
associated with the organization, coordination and 
administration of the Programme as referred to in Article 6.2 
may be invited to contribute to the common costs involved under 
terms determined by the Council.

                          ARTICLE 7: STRUCTURE

    7.1 The following organs shall be established pursuant to 
this Agreement:
    (a) the Council; and
    (b) the Secretariat.
    7.2 The Council may establish subsidiary organs as required 
for the implementation of this Agreement.

           ARTICLE 8: THE COUNCIL--COMPOSITION AND PROCEDURES

    8.1 The Council shall be composed of one representative of 
each of the Parties who may be accompanied by deputies and 
advisers.
    8.2 The Council shall adopt its own rules of procedure.
    8.3 The Council shall meet as often as may be necessary for 
the efficient discharge of its functions, but not less than 
once a year.
    8.4 Decisions of the Council shall be taken unanimously.
    8.5 The languages of the Council shall be English, French 
and Russian.

                  ARTICLE 9: FUNCTIONS OF THE COUNCIL

    The Council shall carry out the relevant policies and 
coordinate the activities of the Parties. The functions of the 
Council shall include:
    (a) overseeing the implementation of this Agreement;
    (b) the development of the necessary technical, 
administrative and operational plans for the implementation of 
the present Agreement;
    (c) the implementation of those provisions of Article 6 
requiring Council action;
    (d) the preparation, consideration and adoption of 
technical specifications for the System space and ground 
facilities and radiobeacons, as well as the adoption of COSPAS-
SARSAT technical and operational documentation;
    (e) ensuring interaction and cooperation with the 
International Civil Aviation Organization, the International 
Telecommunication Union, the International Maritime 
Organization and other international organizations for the 
purpose of coordinating technical matters;
    (f) the provision of administrative, operational and 
technical coordination with Ground Segment Providers and User 
States, including the adoption of procedures for type approval 
or commissioning of Ground Segment equipment and radiobeacons;
    (g) the assessment of the need for technical and 
operational enhancements of the System, including those 
relating to contributions of the Parties and those which would 
entail contributions by States non-Parties to this Agreement;
    (h) the establishment of mechanisms for exchange of 
appropriate technical and operational information;
    (i) taking decisions upon matters of joint relations with 
States non-Parties to this Agreement, as well as international 
organizations;
    (j) the direction of Secretariat activities;
    (k) the organization and coordination of exercises, trials 
and studies that are necessary to assess the performance of the 
System; and
    (l) other matters regarding operation of the System's Space 
and Ground Segments and radiobeacons that the Council agrees 
shall fall within its purview.

                      ARTICLE 10: THE SECRETARIAT

    10.1 The Secretariat shall be the permanent administrative 
organ for the Programme and shall assist the Council in the 
implementation of its functions.
    10.2 The Secretariat shall be managed by a Head of 
Secretariat, appointed pursuant to procedures approved by the 
Council.
    10.3 The Secretariat shall take direction from the Council 
in the performance of its functions, which include:
    (a) conference services for the meetings of the Council and 
of its subsidiary organs;
    (b) administrative services concerning general 
correspondence, system documentation and promotional materials;
    (c) technical services including the preparation of reports 
as instructed by the Council;
    (d) liaison with Ground Segment Providers, User States and 
international organizations; and
    (e) such other services as may be required by the Council 
for the implementation of this Agreement.

                  ARTICLE 11: GROUND SEGMENT PROVIDERS

    11.1 Any State planning to establish and operate Ground 
Segment equipment shall advise the Council of its intention to 
do so and shall:
    (a) adhere to the technical specifications and operating 
procedures set by the Council for the purpose of ensuring 
adequate system performance;
    (b) endeavour to deliver, in accordance with procedures 
agreed with the Council, distress alert and location 
information received through the COSPAS-SARSAT Space Segment to 
appropriate search and rescue authorities;
    (c) provide, as agreed with the Council, appropriate 
performance data in order to confirm compatibility of its 
Ground Segment equipment with the System;
    (d) designate an organization to carry out its 
responsibilities pursuant to this Article;
    (e) participate in appropriate meetings of the Programme, 
convened by the Council, on terms and conditions determined by 
the Council, with a view to resolving relevant administrative, 
operational and technical issues;
    (f) confirm that it will not make any claims or bring 
actions against the Parties for injury, damages or financial 
losses arising out of activities, or lack thereof, pursuant to 
this Agreement;
    (g) adhere to the provisions of Article 12 in relation to 
its use of the System; and
    (h) fulfill any other requirement as may be agreed with the 
Council.
    11.2 Any such State wishing to become a Ground Segment 
Provider shall notify formal acceptance of its obligations 
pursuant to Article 11.1 to the Depositary which shall inform 
the Parties. Such notification shall be in the form of a 
standard letter and shall include the conditions of 
participation in the System previously agreed with the Council 
pursuant to Article 11.1.

                        ARTICLE 12: USER STATES

    12.1 Any State may utilize the System both through the 
reception of COSPAS-SARSAT alert and location data and through 
the deployment of radiobeacons.
    12.2 Any such State wishing to become a User State shall 
assume certain responsibilities including:
    (a) to advise the Council or the competent international 
organization of its point or points of contact for distress 
alert purposes;
    (b) to make use of radiobeacons for operation in the 
System, the characteristics of which comply with appropriate 
provisions of the International Telecommunication Union and 
COSPAS-SARSAT specifications;
    (c) to maintain, as applicable, a radiobeacon register;
    (d) to exchange COSPAS-SARSAT data in a timely and non-
discriminatory manner, in accordance with procedures agreed 
with the Council;
    (e) to confirm that it will not make any claims or bring 
actions against the Parties for injury, damages or financial 
losses arising out of activities, or lack thereof, pursuant to 
this Agreement;
    (f) to participate as necessary in appropriate meetings of 
the Programme, convened by the Council, on terms and conditions 
determined by the Council, with a view to resolving relevant 
administrative, operational and technical issues; and
    (g) to fulfill any other requirement as may be agreed with 
the Council.
    12.3 User States shall notify formal acceptance of their 
obligations under Article 12.2 to the Depositary which shall 
inform the Parties. Such notification shall be in the form of a 
standard letter and shall include the conditions of 
participation in the System previously agreed with the Council 
pursuant to Article 12.2.

       ARTICLE 13: RELATIONSHIP WITH INTERNATIONAL ORGANIZATIONS

    13.1 To promote implementation of this Agreement, the 
Parties, acting through the Council, shall cooperate with the 
International Civil Aviation Organization, the International 
Telecommunication Union and the International Maritime 
Organization, as well as with other international 
organizations, on matters of common interest. The Parties shall 
take into account the relevant resolutions, standards and 
recommendations of these international organizations.
    13.2 This cooperation may be formalized between these 
Organizations and the Parties.

                         ARTICLE 14: LIABILITY

    14.1 The Parties shall not make any claims or bring actions 
against each other for injury, damages or financial losses 
arising out of activities, or lack thereof, pursuant to this 
Agreement.
    14.2 The Parties accept no liability towards users of the 
System or any third party, particularly as regards any claims 
for injury, damages or financial losses that may arise from the 
use of the System. Parties will cooperate with a view to 
protecting themselves from any such potential claims.

                   ARTICLE 15: SETTLEMENT OF DISPUTES

    15.1 Any dispute concerning the interpretation or 
implementation of this Agreement should be settled by 
negotiations between or among the Parties concerned.
    15.2 If a settlement cannot be reached by such 
negotiations, the dispute may, if the affected Parties so 
agree, be referred to arbitration.

                         ARTICLE 16: ACCESSION

    16.1 This Agreement shall be open for accession by any 
State that agrees to contribute a minimum of one basic unit to 
the Space Segment, and is prepared to assume the 
responsibilities of a Party pursuant to this Agreement.
    16.2 Where a State is to accede to this Agreement and 
assume responsibility for the contribution of a basic unit of 
the existing Space Segment, either as described in Article 3.1 
or as enhanced pursuant to Article 3.2, it shall do so in 
agreement with the Party currently providing that basic unit 
and in consultation with the other Parties.
    16.3 Where a State is to accede to this Agreement and 
assume responsibility for the contribution of an additional 
basic unit which itself constitutes an enhancement of the Space 
Segment, it shall do so with the agreement of all Parties 
following a decision of the Council pursuant to Article 3.2 
that such enhancement is required.
    16.4 Where the requirements of Article 16.2 or 16.3, as 
appropriate, have been satisfied and the State so notified, 
such State may accede by depositing its instrument of accession 
with the Depositary.
    16.5 This Agreement shall enter into force for the acceding 
State on the date of deposit of the instrument of accession 
with the Depositary.

                         ARTICLE 17: WITHDRAWAL

    17.1 A Party may withdraw from this Agreement.
    17.2 A Party intending to withdraw shall notify the 
Depositary to that effect. Such withdrawal shall take effect 
one year after the date of receipt of notification by the 
Depositary, or at a later date to be agreed by the Parties.
    17.3 A Party intending to withdraw from this Agreement 
shall endeavour to ensure continuity of its existing 
contribution to the Space Segment and, in that respect, shall 
consult with the other Parties to determine adjustments in 
their respective responsibilities.

                         ARTICLE 18: AMENDMENTS

    18.1 Amendments to this Agreement may be proposed by any 
Party.
    18.2 Ninety days notice is required before consideration of 
a proposed amendment by the Council at its next meeting. The 
Council shall consider the proposed amendment at that meeting 
and make recommendation to the Parties concerning such proposed 
amendment.
    18.3 The amendment shall enter into force sixty days after 
the Depositary has received notification of acceptance from all 
the Parties.
    18.4 The Depositary shall promptly notify all the Parties 
of the receipt of notifications of acceptance of amendments and 
of the entry into force of amendments.

                         ARTICLE 19: DEPOSITARY

    19.1 The Depositaries of this Agreement shall be the 
Secretary-General of the International Civil Aviation 
Organization and the Secretary-General of the International 
Maritime Organization.
    19.2 The Depositary shall promptly inform all the Parties 
to this Agreement of the date of each signature, of the date of 
deposit of each instrument of ratification, acceptance, 
approval or accession, of the date of entry into force of this 
Agreement, and of the receipt of other notifications.
    19.3 This Agreement shall be registered with the United 
Nations Secretariat in accordance with Article 102 of the 
Charter of the United Nations.

               ARTICLE 20: ENTRY INTO FORCE AND DURATION

    20.1 This Agreement shall be open for signature by Canada, 
the Republic of France, the United States of America and the 
Union of Soviet Socialist Republics. Signature may be made not 
subject to ratification, acceptance or approval, or may be 
accompanied by a declaration that it is subject to 
ratification, acceptance or approval.
    20.2 This Agreement shall enter into force for Canada, the 
Republic of France, the United States of America and the Union 
of Soviet Socialist Republics on the sixtieth day following the 
date on which these four States have either signed the 
Agreement not subject to ratification, acceptance or approval, 
or have deposited instruments of ratification, acceptance or 
approval with the Depositary.
    20.3 Upon entry into force of this Agreement, the Parties 
shall take the necessary measures in order to ensure that the 
Memorandum of Understanding, which was signed 5 October 1984 
and came into effect 8 July 1985, among the Ministry of 
Merchant Marine of the Union of Soviet Socialist Republics, the 
National Oceanic and Atmospheric Administration of the United 
States of America, the Department of National Defence of Canada 
and the Centre National d'Etudes Spatiales of France concerning 
Cooperation in the COSPASSARSAT Search and Rescue Satellite 
System, ceases to be in effect.
    20.4 This Agreement shall remain in force for a period of 
fifteen years from the date on which it enters into force and 
shall be extended automatically for successive periods of five 
years.
    IN WITNESS WHEREOF, the undersigned have signed this 
Agreement.
    DONE AT PARIS this first day of July one thousand nine 
hundred and eighty-eight, in the English, French and Russian 
languages, all texts being equally authentic, in two originals 
deposited with the Secretary-General of the International Civil 
Aviation Organization and the Secretary-General of the 
International Maritime Organization respectively. Certified 
copies of the Agreement shall be transmitted by the Depositary 
to the Parties.

=======================================================================


 AGREEMENT AMONG THE GOVERNMENT OF CANADA, GOVERNMENT OF THE EUROPEAN 
 SPACE AGENCY, THE GOVERNMENT OF JAPAN, THE GOVERNMENT OF THE RUSSIAN 
    FEDERATION, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA 
    CONCERNING COOPERATION ON THE CIVIL INTERNATIONAL SPACE STATION

=======================================================================


ACCOMPANYING TREATIES

AGREEMENT ON THE CIVIL INTERNATIONAL SPACE STATION

(Signed on January 29, 1998, Recognized by the Diet on April 
24, 1998, and Deposited Instruments of Accession with the US on 
November 17, 1998)

    The Government of Canada (hereinafter also ``Canada'')
    The Governments of the Kingdom of Belgium, the Kingdom of 
Denmark, the French Republic, the Federal Republic of Germany, 
the Italian Republic, the Kingdom of the Netherlands, the 
Kingdom of Norway, the Kingdom of Spain, the Kingdom of Sweden, 
the Swiss Confederation, and the United Kingdom of Great 
Britain and Northern Ireland, being Governments of Member 
States of the European Space Agency (hereinafter collectively 
``the European Governments'' or ``the European Partner'')
    The Government of Japan (hereinafter also ``Japan'')
    The Government of Russian Federation (hereinafter also 
``Russia''), and The Government of the United States of America 
(hereinafter ``the Government of the United States'' or ``the 
United States'')
    Recalling that in January 1984 the President of the United 
States directed the National Aeronautics and Space 
Administration (NASA) to develop and place into orbit a 
permanently manned Space Station and invited friends and allies 
of the United States to participate in its development and use 
and to share in the benefits thereof,
    Recalling the acceptance of the aforementioned invitation 
by the Prime Minister of Canada at the March 1985 Quebec Summit 
meeting with the President of the United States and the mutual 
confirmation of interest on cooperation at the March 1986 
Washington, D.C. Summit meeting,
    Recalling the terms of the relevant Resolutions adopted on 
31 January 1985 and 20 October 1995 by the European Space 
Agency (ESA) Council meeting at the ministerial level, and 
that, within the framework of ESA, and in accordance with its 
purpose as defined in Article II of the Convention establishing 
it, the Columbus programme and the European participation in 
the international Space Station development programme have been 
undertaken to develop and will develop elements of the civil 
international Space Station,
    Recalling Japan's interest in the Space Station program 
manifested during the NASA Administrator's visits to Japan in 
1984 and 1985 and Japan's participation in the U.S. space 
program through the First Materials Processing Test,
    Recalling ESA's and Canada's participation in the U.S. 
Space Transportation System through the European development of 
the first manned space laboratory, Spacelab, and the Canadian 
development of the Remote Manipulator System,
    Recalling the partnership created by the Agreement Among 
the Government of the United States of America, Governments of 
Member Status of the European Space Agency, the Government of 
Japan, and the Government of Canada on Cooperation in the 
Detailed Design, Development, Operation, and Utilization of the 
Permanently Manned Civil Space Station (hereinafter ``the 1988 
Agreement''), done at Washington on 29 September 1988 and 
related Memoranda of Understanding between NASA and ESA, and 
NASA and the Government of Japan,
    Recalling that the 1988 Agreement entered into force on 30 
January 1992 between the United States and Japan,
    Recalling that NASA, ESA, the Government of Japan and MOSST 
have been implementing cooperative activities to realize the 
partnership in the Space Station program in accordance with the 
1988 Agreement and the related Memoranda of Understanding, and 
recognizing that upon its establishment on 1 March 1989, the 
Canadian Space Agency (CSA) assumed responsibility for the 
execution of the Canadian Space Station Program from MOSST,
    Convinced that, in view of the Russian Federation's unique 
experience and accomplishments in the area of human space 
flight and long-duration missions, including the successful 
long term operation of the Russian Mir Space Station, its 
participation in the partnership will considerably enhance the 
capabilities of the Space Station to the benefit of all the 
Partners,
    Recalling the invitation extended on 6 December 1993 by the 
Government of Canada, the European Governments, the Government 
of Japan, and the Government of the United States to the 
Government of the Russian Federation to become a Partner in the 
detailed design, development, operation and utilization of the 
Space Station within the framework established by the Space 
Station Agreements, and the positive response of the Government 
of the Russian Federation on 17 December 1993 to that 
invitation,
    Recalling the arrangements between the Chairman of the 
Government of the Russian Federation and Vice President of the 
United States to promote cooperation on important human 
spaceflight activities, including the Russian-U.S. Mir-shuttle 
program, to prepare for building the International Space 
Station,
    Recalling the Treaty on Principles Governing the Activities 
of States in the Exploration and Use of Outer Space, including 
the Moon and Other Celestial Bodies (hereinafter ``the Outer 
Space Treaty''), which entered into force on 10 October 1967,
    Recalling the Agreement on the Rescue of Astronauts, the 
Return of Astronauts, and the Return of Objects Launched into 
Outer Space (hereinafter ``the Rescue Agreement''), which 
entered into force on 3 December 1968,
    Recalling the Convention on International Liability for 
Damage Caused by Space Objects (hereinafter ``the Liability 
Convention''), which entered into force on 1 September 1972,
    Recalling the Convention on Registration of Objects 
Launched into Outer Space (hereinafter ``the Registration 
Convention''), which entered into force on 15 September 1976,
    Convinced that working together on the civil international 
Space Station will further expand cooperation through the 
establishment of a long-term and mutually beneficial 
relationship, and will further promote cooperation in the 
exploration and peaceful use of outer space,
    Recognizing that NASA and CSA, NASA and ESA, NASA and the 
Government of Japan, and NASA and the Russian Space Agency 
(RSA) have prepared Memoranda of Understanding (hereinafter 
``the MOUs'') in conjunction with their Government' negotiation 
of this Agreement, and that the MOUs provide detailed 
provisions in implementation of this Agreement,
    Recognizing, in light of the foregoing, that it is 
desirable to establish, among the Government of Canada, the 
European Governments, the Government of Japan, the Government 
of the Russian Federation, and the Government of the United 
States a framework for the design, development, operation, and 
utilization of the Space Station,
    Have agreed as follows:
Article 1: Object and Scope
    1. The object of this Agreement is to establish a long-term 
international cooperative framework among the Partners, on the 
basis of genuine partnership, for the detailed design, 
development, operation, and utilization of a permanently 
inhabited civil international Space Station for peaceful 
purposes, in accordance with international law. This civil 
international Space Station will enhance the scientific, 
technological, and commercial use of outer space. This 
Agreement specifically defines the civil international Space 
Station program and the nature of this partnership, including 
the respective rights and obligations of the Partners in this 
cooperation. This Agreement further provides for mechanisms and 
arrangements designed to ensure that its object is fulfilled.
    2. The Partners will join their efforts, under the lead 
role of the United States for overall management and 
coordination, to create an integrated international Space 
Station. The United States and Russia, drawing on their 
extensive experience in human space flight, will produce 
elements which serve as the foundation for the international 
Space Station. The European Partner and Japan will produce 
elements that will significantly enhance the Space Station's 
capabilities. Canada's contribution will be an essential part 
of the Space Station. This Agreement lists in the Annex the 
elements to be provided by the Partners to from the 
international Space Station.
    3. The permanently inhabited civil international Space 
Station (hereinafter ``the Space Station'') will be a multi-use 
facility in low-earth orbit, with flight elements and Space 
Station-unique ground elements provided by all the partners. By 
providing Space Station flight elements, each Partner acquires 
certain rights to use the Space Station and participates in its 
management in accordance with this Agreement, the MOUs, and 
implementing arrangements.
    4. The Space Station shall is conceived as having an 
evolutionary character. The Partner States' right and 
obligations regarding evolution shall be subject to specific 
provisions in accordance with Article 14.
Article 2: International Rights and Obligations
    1. The Space Station shall be developed, operated, and 
utilized in accordance with international law, including the 
Outer Space Treaty, the Rescue Agreement, the Liability 
Conversion, and the Registration Conversion.
    2. Nothing in this Agreement shall be interpreted as:
    (a) modifying the rights and obligations of the Partner 
States found in the treaties listed in paragraph 1 above, 
either toward each other or toward other States, except as 
otherwise provided in Article 16;
    (b) affecting the rights and obligations of the Partner 
States when exploring or using outer space, whether 
individually or in cooperation with other States, in activities 
unrelated to the Space Station; or
    (c) constituting a basis for asserting a claim to national 
appropriation over outer space or over any portion of outer 
space.
Article 3: Definitions
    For the purposes of this Agreement, the following 
definitions shall apply:
    (a) ``this Agreement'':
    the present Agreement, including the Annex;
    (b) ``the Partners'' (or, where appropriate, ``each 
Partner''):
    the Government of Canada; the European Governments listed 
in the Preamble which become parties to this Agreement, as well 
as any other European Government that may accede to this 
Agreement in accordance with Article 25 (3), acting 
collectively as one Partner; the Government of Japan; the 
Government of the Russian Federation; and the Government of the 
United States;
    (c) ``Partner State'':
    each Contracting Party for which this Agreement has entered 
into force, in accordance with Article 25.
Article 4: Cooperating Agencies
    1. The Partners agree that the Canadian Space Agency 
(hereinafter ``CSA'') for the Government of Canada, the 
European Space Agency (hereinafter ``ESA'') for the European 
Governments, the Russian Space Agency (hereinafter ``RSA'') for 
Russia, and the National Aeronautics and Space Administration 
(hereinafter ``NASA'') for the United States and shall be the 
Cooperating Agencies responsible for implementing Space Station 
cooperation. The Government of Japan's Cooperating Agency 
designation for implementing Space Station cooperation shall be 
made in the Memorandum of Understanding between NASA and 
Government of Japan referred to in paragraph 2 below.
    2. The Cooperating Agencies shall implement Space Station 
cooperation in accordance with the relevant provisions of this 
Agreement, the respective Memoranda of Understanding (MOUs) 
between NASA and CSA, NASA and ESA, NASA and the Government of 
Japan, and NASA and RSA concerning cooperation on the civil 
international Space Station, and arrangements between or among 
NASA and the other Cooperating Agencies implementing the MOUs 
(implementing arrangements). The MOUs shall be subject to this 
Agreement, and the implementing arrangements shall be subject 
to this Agreement, and the implementing arrangements shall be 
consistent with and subject to the MOUs.
    3. Where a provision of an MOU sets forth rights or 
obligations accepted by a Cooperating Agency (or, in the case 
of Japan, the Government of Japan) not a party to that MOU, 
such provision may not be amended without the written consent 
of that Cooperating Agency (or, in the case of Japan, the 
Government of Japan).
Article 5: Registration; Jurisdiction and Control
    1. In accordance with Article II of the Registration 
Convention, each Partner shall register as space objects the 
flight elements listed in the Annex which it provides, the 
European Partner having delegated this responsibility to ESA, 
acting in its name and on its behalf.
    2. Pursuant to Article VIII of the Outer Space Treaty and 
Article II of the registration Convention, each Partner shall 
retain jurisdiction and control over the elements it registers 
in accordance with paragraph 1 above and over personnel in or 
on the Space Station who are its nationals. The exercise of 
such jurisdiction and control shall be subject to any 
implementing arrangements, including relevant procedural 
mechanisms established therein.
Article 6: Ownership of Elements and Equipment
    1. Canada, the European Partner, Russia, and the United 
States, through their respective Cooperating Agencies, and an 
entity designated by Japan at the time of the deposit of its 
instrument under Article 25 (2), shall own the elements listed 
in the Annex that they respectively provide, except as 
otherwise provided for in this Agreement. The Partners, acting 
through their Cooperating Agencies, shall notify each other 
regarding the ownership of any equipment in or on the Space 
Station.
    2. The European Partner shall entrust ESA, acting in its 
name and on its behalf, with ownership over the elements it 
provides, as well ass over any other equipment developed and 
funded under an ESA programme as a contribution to the Space 
Station, its operation or utilization.
    3. The transfer of ownership of the elements listed in the 
Annex or of equipment in or on the Space Station shall not 
affect the rights and obligations of the Partners under this 
Agreement, the MOUs, or implementing arrangements.
    4. Equipment in or on the Space Station shall not be owned 
by, and ownership of elements listed in the Annex shall not be 
transferred to, any non-Partner or private entity under the 
jurisdiction of a non-Partner without the prior concurrence of 
the other Partners. Any transfer of ownership of any element 
listed in the Annex shall require prior notification of the 
other Partners.
    5. The ownership of equipment or material provided by a 
user shall not be affected by the mere presence of such 
equipment or material in or on the Space Station.
    6. The exercise of ownership of elements and equipment 
shall be subject to any relevant provisions of this Agreement, 
the MOUs, and implementing arrangements, including relevant 
procedural mechanisms established therein.
Article 7: Management
    1. Management of the Space Station will be established on a 
multilateral basis and the Partners, acting through their 
Cooperating Agencies, will participate and discharge 
responsibilities in management bodies established in accordance 
with the MOUs and implementing arrangements as provided below. 
These management bodies shall plan and coordinate activities 
affecting the design and development of the Space Station and 
its safe, efficient, and effective operation and utilization, 
as provided in this Agreement and the MOUs. In these management 
bodies, decision-making by consensus shall be the goal. 
Mechanisms for decision-making within these management bodies 
where it is not possible for the Cooperating Agencies to reach 
consensus are specified in the MOUs. Decision-making 
responsibilities which the partners and their Cooperating 
Agencies have with respect to the elements they provide are 
specified in this Agreement and the MOUs.
    2. The United States, acting through NASA, and in 
accordance with the MOUs and implementing arrangements, shall 
be responsible for management of its own program, including its 
utilization activities. The United States, acting through NASA, 
and in accordance with the MOUs and implementing arrangements, 
shall also be responsible for: overall program management and 
coordination of the Space Station, except as otherwise provided 
in this Article and in the MOUs; overall system engineering and 
integration; establishment of overall safety requirements and 
plans; and overall planning for and coordination of the 
execution of the overall integrated operation of the Space 
Station.
    3. Canada, the European Partner, Japan an Russia, acting 
through their Cooperating Agencies, and in accordance with the 
MOUs and implementing arrangements, shall each be responsible 
for: management of their own programs, including their 
utilization activities; system engineering and integration of 
the elements they provide; development and implementation of 
detailed safety requirements and plans for the elements they 
provide; and, consistent with paragraph 2 above, supporting the 
United States in the performance of its overall 
responsibilities, including participating in planning for and 
coordination of the execution of the integrated operation of 
the Space Station.
    4. To the extent that a design and development matter 
concerns only a Space Station element provided by Canada, the 
European Partner, Japan, or Russia and is not covered in the 
agreed program documentation provided for in the MOUs, that 
partner, acting through its Cooperating Agency, may make 
decisions related to that element.
Article 8: Detailed Design and Development
    In accordance with Article 7 and other relevant provisions 
of this Agreement, and in accordance with the MOUs and 
implementing arrangements, each Partner, acting through its 
Cooperating Agency, shall design and develop the elements which 
it provides, including Space Station-unique ground elements 
adequate to support the continuing operation and full 
international utilization of the flight elements, and shall 
interact with the other Partners, through their Cooperating 
Agencies, to reach solutions on design and development of their 
respective elements.
Article 9: Utilization
    1. Utilization rights are derived from Partner provision of 
user elements, infrastructure elements, or both. Any Partner 
that provides Space Station user elements shall retain use of 
those elements, except as otherwise provided in this paragraph. 
Partners which provide resources to operate an use the Space 
Station, which are derived from their Space Station 
infrastructure elements, shall receive in exchange a fixed 
share of the use of certain user elements. Partners' specific 
allocations of Space Station user elements and of resources 
derived from Space Station infrastructure are set forth in the 
MOUs and implementing arrangements.
    2. The Partners shall have the right to barter of sell any 
portion of their respective allocations. The teams and 
conditions of any barter or sale shall be determined on a case-
by-case basis by the parties to the transaction.
    3. Each partner may use and select users for its 
allocations for any purpose consistent with the object of this 
Agreement and provisions set forth in the MOUs and implementing 
arrangements, expect that: (a) any proposed use of a user 
element by a non-Partner or private entity under the 
jurisdiction of a non-Partner shall require the prior 
notification to and timely consensus among all Partners through 
their Cooperating Agencies; and (b) the Partner providing an 
element shall determine whether a contemplated use of that 
element is for peaceful purposes, except that this subparagraph 
shall not be invoked to prevent any Partner from using 
resources derived from the Space Station infrastructure.
    4. In its use of the Space Station, each Partner, through 
its Cooperating Agency, shall seek through the mechanisms 
established in the MOUs to avoid causing serious adverse 
effects on the use of the Space Station by the other Partners.
    5. Each Partner shall assure access to and use of its Space 
Station elements to the other Partners in accordance with their 
respective allocations.
    6. For purposed of this Article, an ESA Member State shall 
not be considered a ``non-partner''.
Article 10: Operation
    The Partners, acting through their Cooperating Agencies, 
shall have responsibilities in the operation of the elements 
they respectively provide, in accordance with Article 7 and 
other relevant provisions of this Agreement, and in accordance 
with the MOUs and implementing arrangements. The Partners, 
acting through their Cooperating Agencies, shall develop and 
implement procedures for operating the Space Station in a 
manner that is safe, efficient, and effective for Space Station 
users and operators, in accordance with the MOUs and 
implementing arrangements. Further, each Partner, acting 
through its Cooperating Agency, shall be responsible for 
sustaining the functional performance of the elements it 
provides.
Article 11: Crew
    1. Each partner has the right to provide qualified 
personnel to serve on an equitable basis as Space Station crew 
members. Selections and decisions regarding the flight 
assignments of a Partner's crew members shall be made in 
accordance with procedures provided in the MOUs and 
implementing arrangements.
    2. The Code of Conduct for the Space Station crew will be 
developed and approved by all the Partners in accordance with 
the individual Partner's internal procedures, and in accordance 
with the MOUs. A Partner must have approved the Code of Conduct 
before it provides Space Station crew. Each Partner, in 
exercising its right to provide crew, shall ensure that its 
crew members observe the Code of Conduct.
Article 12: Transportation
    1. Each of the Partners shall have the right of access to 
the Space Station using its respective government and private 
sector space transportation systems, if they are compatible 
with the Space Station. The United States, Russia, the European 
Partner, and Japan, through their respective Cooperating 
Agencies, shall make available launch and return transportation 
services for the Space Station (using such space transportation 
systems as the U.S. Space Shuttle, the Russian Proton and 
Soyuz, the European Ariane-5, and the Japanese H-II). 
Initially, the U.S. and Russian space transportation systems 
will be used to provide launch and return transportation 
services for the Space Station and, in addition, the other 
space transportation systems will be used as those systems 
become available. Access and launch and return transportation 
services shall be in accordance with the provisions of the 
relevant MOUs and implementing arrangements.
    2. Those Partners providing launch and return 
transportation services to other Partners and their respective 
users on a reimbursable or other basis shall provide such 
services consistent with conditions specified in the relevant 
MOUs and implementing arrangements. Those Partners providing 
launch and return transportation services on a reimbursable 
basis shall provide such services to any other partner or the 
users of such other Partner. Partners shall use their best 
efforts to accommodate proposed requirements and flight 
schedules of the other partners.
    3. The United States, through NASA, working with the other 
Partners' Cooperating Agencies in management bodies, shall plan 
and coordinate launch and return transportation services for 
the Space Station in accordance with the integrated traffic 
planning process, as provided in the MOUs and implementing 
arrangements.
    4. Each Partner shall respect the proprietary rights in and 
the confidentiality of appropriately marked data and goods to 
be transported on its space transportation system.
Article 13: Communications
    1. The United States and Russia, through their Cooperating 
Agencies, shall provide the two primary data relay satellite 
system space and ground communications networks for command, 
control, and operations of Space Station elements and payloads, 
and other Space Station communication purposes. Other Partners 
may provide data relay satellite system space and ground 
communication networks, if they are compatible with the Space 
Station and with Space Station use of the two primary networks. 
The provision of Space Station communications shall be in 
accordance with provisions in the relevant MOUs and 
implementing arrangements.
    2. On a reimbursable basis, Cooperating Agencies shall use 
their best efforts to accommodate, with their respective 
communication systems, specific Space Station-related 
requirements of one another, consistent with conditions 
specified in the relevant MOUs and implementing arrangements.
    3. The United States, through NASA, working with the other 
Partners' Cooperating Agencies in management bodies, shall plan 
and coordinate space and ground communications services for the 
Space Station in accordance with relevant program 
documentation, as provided in the MOUs and implementing 
arrangements.
    4. Measures to ensure the confidentiality of utilization 
data passing through the Space Station Information System and 
other communication systems being used in connection with the 
Space Station may be implemented, as provided in the MOUs. Each 
Partner shall respect the proprietary rights in, and the 
confidentiality of, the utilization data passing through its 
communication systems, including its ground network and the 
communication systems of its contractors, when providing 
communication services to another Partner.
Article 14: Evolution
    1. The Partners intend that the Space Station shall evolve 
through the addition of capability and shall strive to maximize 
the likelihood that such evolution will be effected through 
contributions from all the Partners. To this end, it shall be 
the object of each Partner to provide, where appropriate, the 
opportunity to the other partners to cooperate in its proposals 
for additions of evolutionary capability. The Space Station 
together with its additions of evolutionary capability shall 
remain a civil station, and its operation and utilization shall 
be for peaceful purposes, in accordance with international law.
    2. This Agreement sets forth rights and obligations 
concerning only the elements listed in the Annex, expect that 
this Article and Article 16 shall apply to any additions of 
evolutionary capability. This Agreement does not commit any 
Partner State to participate in, or otherwise grant any Partner 
rights in, the addition of evolutionary capability.
    3. Procedures for the coordination of the Partners' 
respective evolution studies and for the review of specific 
proposals for the addition of evolutionary capability are 
provided in the MOUs.
    4. Cooperation between or among Partners regarding the 
sharing of addition (s) of evolutionary capability shall 
require, following the coordination and review provided for in 
paragraph 3 above, either the amendment of this Agreement, or a 
separate agreement to which the United States, to ensure that 
any addition is consistent with the overall program, and any 
other Partner providing a Space Station element or space 
transportation system on which there is an operational or 
technical impact, shall be parties.
    5. Following the coordination and review provided for in 
paragraph 3 above, the addition of evolutionary capability by 
one Partner shall require prior notification of the other 
Partners, and an agreement with the United States to ensure 
that any addition is consistent with the overall program, and 
with any other Partner providing a Space Station element or 
space transportation system on which there is an operational or 
technical impact.
    6. A Partner which may be affected by the addition of 
evolutionary capability under paragraph 4 or 5 above may 
request consultations with the other Partners in accordance 
with Article 23.
    7. The addition of evolutionary capability shall in no 
event modify the rights and obligations of any Partner State 
under this Agreement and the MOUs concerning the elements 
listed in the Annex, unless the affected partner States 
otherwise agrees.
Article 15: Funding
    1. Each partner shall bear the costs of fulfilling its 
respective responsibilities under this Agreement, including 
sharing on an equitable basis the agreed common system 
operations costs or activities attributed to the operation of 
the Space Station as a whole, as provided in the MOUs and 
implementing arrangements.
    2. Financial obligations of each Partner pursuant to this 
Agreement are subject to its funding procedures and the 
availability of appropriated funds. Recognizing the importance 
of Space Station cooperation, each partner undertakes to make 
its best efforts to obtain approval for funds to meet those 
obligations, consistent with its respective funding procedures.
    3. In the event that funding problems arise that may affect 
a Partner's ability to fulfill its responsibilities in Space 
Station cooperation, that Partner, acting through its 
Cooperating Agency, shall notify and consult with the other 
Cooperating Agencies. If necessary, the Partners may also 
consult.
    4. The Partners shall seek to minimize operations costs for 
the Space Station. In particular, the Partners, through their 
Cooperating Agencies, in accordance with the provisions of the 
MOUs, shall develop procedures intended to contain the common 
system operations costs and activities within approved 
estimated levels.
    5. The Partners shall also seek to minimize the exchange of 
funds in the implementation of Space Station cooperation, 
including through the performance of specific operations 
activities as provided in the MOUs and implementing 
arrangements or, if the concerned Partners agree, through the 
use of barter.
Article 16: Cross-Waiver of Liability
    1. The objective of this Article is to establish a cross-
waiver of liability by the Partner States and related entities 
in the interest of encouraging participation in the 
exploration, exploitation, and use of outer space through the 
Space Station. This cross-waiver of liability shall be broadly 
construed to achieve this objective.
    2. For the purposes of this Article:
    (a) A ``Partner State'' includes its Cooperating Agency. It 
also includes any entity specifies in the MOU between NASA and 
the Government of Japan to assist the Government of Japan's 
Cooperating Agency in the implementation of that MOU.
    (b) The term ``related entity'' means:
    (1) a contractor or subcontractor of a Partner State at any 
tier;
    (2) a user or customer of a Partner State at any tier; or
    (3) a contractor or subcontractor of a user or customer of 
a Partner State at any tier.
    This subparagraph may also apply to a State, or an agency 
or institution of a State, having the same relationship to a 
partner State as described in subparagraphs 2(b)(1) through 
(b)(3) above or otherwise engaged in the implementation of 
Protected Space Operations as defined in subparagraph 2(f) 
below. ``Contractors'' and ``subcontractors'' include supplies 
of any kind.
    (c) The term ``damage'' means:
    (1) bodily injury to, or other impairment of health of, or 
death of, any person;
    (2) damage to, loss of, or loss of use of any property;
    (3) loss of revenue or profits; or
    (4) other direct, indirect or consequential damage.
    (d) The term ``launch vehicle'' means an object (or any 
part thereof) intended for launch, launched from Earth, or 
returning to Earth which carries payloads or persons, or both.
    (e) The team ``payload'' means all property to be flown or 
used on or in a launch vehicle or the Space Station.
    (f) The term ``Protected Space Operations'' means all 
launch vehicle activities, Space Station activities, and 
payload activities on Earth, in outer space, or in transit 
between Earth and outer space in implementation of this 
Agreement, the MOUs, and implementing arrangements. It 
includes, but is not limited to:
    (1) research, design, development, test, manufacture, 
assembly, integration, operation, or use of launch or transfer 
vehicles, the Space Station, or a payload, as well ass related 
support equipment and facilities and services; and
    (2) all activities related to ground support, test, 
training, simulation, or guidance and control equipment and 
related facilities or services.
    ``Protected Space Operations'' also includes all activities 
related to evolution of the Space Station, as provided for in 
Article 14. ``protected Space Operations'' excludes activities 
on Earth which are conducted on return from the Space Station 
to develop further a payload's product or process for use other 
than for Space Station related activities in implementation of 
this Agreement.
    3. (a) Each Partner State agrees to a cross-waiver of 
liability pursuant to which each partner State waives all 
claims against any of the entities or persons listed in 
subparagraphs 3(a)(1) through 3 (a)(3) below based on damage 
arising out of Protected Space Operations. This cross-waiver 
shall apply only if the person, entity, or property causing the 
damage is involved in Protected Space Operations and the 
person, entity, or property damaged is damaged by virtue of its 
involvement in Protected Space Operations. The cross-waiver 
shall apply to any claims for damage, whatever the legal basis 
for such claims against:
    (1) another partner State;
    (2) a related entity of another partner State;
    (3) the employees of any of the entities identified in 
subparagraphs 3(a)(1) and 3(a)(2) above.
    (b) In addition, each Partner State shall, by contract or 
otherwise, extend the cross-waiver of liability as set forth in 
subparagraph 3 (a) above to its related entities by requiring 
them to:
    (1) waive all claims against the entities or persons 
identified in subparagraphs 3(a)(1) through 3 (a)
    (3) above; and
    (2) require that their related entities waive all claims 
against the entities or persons identified in subparagraphs 
3(a)(1) through 3(a)(3) above.
    (c) For avoidance of doubt, this cross-waiver of liability 
includes a cross-waiver of liability arising from the Liability 
Convention where the person, entity, or property causing the 
damage is involved in Protected Space Operations and the 
person, entity, or property damaged is damaged by virtue of its 
involvement in Protected Space Operations.
    (d) Notwithstanding the other provisions of this Article, 
this cross-waiver of liability shall not be applicable to:
    (1) claims between a Partner State and its related entity 
or between its own related entities;
    (2) claims made by a natural person, his/her estate, 
survivors or subrogees (expect when a subrogee is a partner 
State) for bodily injury to, or other impairment of health of, 
or death of such natural person;
    (3) claims for damage caused by willful misconduct;
    (4) intellectual property claims;
    (5) claims for damage resulting from a failure of a Partner 
State to extend the cross-waiver of liability to its related 
entities, pursuant to subparagraph 3 (b) above.
    (e) With respect to subparagraph 3(d)(2) above, in the 
event that a subrogated claim of the Government of Japan is not 
based upon government employee accident compensation law, the 
Government of Japan shall fulfill its obligation to waive such 
subrogated claim by ensuring that any assisting entity 
specified pursuant to subparagraph 2(a) above indemnifies, in a 
manner consistent with Article 15(2) and in accordance with 
applicable laws and regulations of Japan, any entity or person 
identified in subparagraph 3(a)(1) through 3(a)(3) above 
against liability arising from such subrogated claim by the 
Government of Japan. Nothing in this Article shall preclude the 
Government of Japan from waiving the foregoing subrogated 
claims.
    (f) Nothing in this Article shall be construed to create 
the basis for a claim or suit where none would otherwise exist.
Article 17: Liability Convention
    1. Expect as otherwise provided in Article 16, the Partner 
States, as well as ESA, shall remain liable in accordance with 
the Liability Convention.
    2. In the event of a claim arising out of the Liability 
Convention, the Partners (and ESA, if appropriate) shall 
consult promptly on any potential liability, on any 
apportionment of such liability, and on the defense of such 
claim.
    3. Regarding the provision of launch and return services 
provided for in Article 12(2), the Partners concerned (and ESA, 
if appropriate) may conclude separate agreements regarding the 
apportionment of any potential joint and several liability 
arising out of the Liability Convention.
Article 18: Customs and Immigration
    1. Each partner State shall facilitate the movement of 
persons and goods necessary to implement this Agreement into 
and out of its territory, subject to its laws and regulations.
    2. Subject to its laws and regulations, each partner State 
shall facilitate provision of the appropriate entry and 
residence documentation for nationals and families of nationals 
of another Partner State who enter or exit or reside within the 
territory of the first Partner State in order to carry out 
functions necessary for the implementation of this Agreement.
    3. Each partner State shall grant permission for duty-free 
importation and exportation to and from its territory of goods 
and software which are necessary for implementation of this 
Agreement and shall ensure their exemption from any other taxes 
and duties collected by the customs authorities. This paragraph 
shall be implemented without regard to the country of origin of 
such necessary goods and software.
Article 19: Exchange of Data and Goods
    1. Expect as otherwise provided in this paragraph, each 
Partner, acting through its Cooperating Agency shall transfer 
all technical data and goods considered to be necessary (by 
both parties to any transfer) to fulfill the responsibilities 
of that Partner's Cooperating Agency under the relevant MOUs 
and implementing arrangement. Each Partner undertakes to handle 
expeditiously any request for technical data or goods presented 
by the Cooperating Agency of another Partner for the purposes 
of Space Station cooperation. This Article shall not require a 
partner State to transfer any technical data and goods in 
contravention of its national laws or regulations.
    2. The partners shall make their best efforts to handle 
expeditiously requests for authorization of transfers of 
technical data and goods by persons or entities other than the 
partners or their Cooperating Agencies (for example, company- 
to-company exchanges which are likely to develop), and they 
shall encourage and facilitate such transfers in connection 
with the Space Station cooperation under this Agreement. 
Otherwise, such transfers are not covered by the terms and 
conditions of this Article. National laws and regulations shall 
apply to such transfers.
    3. The Partners agree that transfers of technical data and 
goods under this Agreement shall be subject to the restrictions 
set forth in this paragraph. The transfer of technical data for 
the purposes of discharging the Partner's responsibilities with 
regard to interface, integration and safety shall normally be 
made without the restrictions set forth in this paragraph. If 
detailed design, manufacturing, and processing data and 
associated software is necessary for interface, integration or 
safety purposes, the transfer shall be made in accordance with 
paragraph 1 above, but the data and associated software may be 
appropriately marked as set out below. Technical data and goods 
not covered by the restrictions set forth in this paragraph 
shall be transferred without restriction, expect as otherwise 
restricted by national laws or regulations.
    (a) The furnishing Cooperating Agency shall mark with a 
notice, or otherwise specifically identify, the technical data 
and goods that are to be protected for export control purposes. 
Such a notice or identification shall indicate any specific 
conditions regarding how such technical data or goods may be 
used by the receiving Cooperating Agency and its contractors 
and subcontractors, including (1) that such technical data or 
goods shall be used only for the purposes of fulfilling the 
receiving Cooperating Agency's responsibilities under this 
Agreement and the relevant MOUs, and (2) that such technical 
data or goods shall not be used by persons or entities other 
than the receiving Cooperating Agency, its contractors or 
subcontractors, or for any other purposes, without the prior 
written permission of the furnishing Partner State, acting 
through its Cooperating Agency.
    (b) The furnishing Cooperating Agency shall mark with a 
notice the technical data that are to be protected for 
proprietary rights purposes. Such notice shall indicate any 
specific conditions regarding how such technical data may be 
used by the receiving Cooperating Agency and its contractors 
and subcontractors, including (1) that such technical data 
shall be used, duplicated, or disclosed only for the purposes 
of fulfilling the receiving Cooperating Agency's 
responsibilities under this Agreement and the relevant MOUs, 
and (2) that such technical data shall not be used by persons 
or entities other than the receiving Cooperating Agency, its 
contractors or subcontractors, or for any other purposes, 
without the prior written permission of the furnishing Partner 
State, acting through its Cooperating Agency.
    (c) In the event that any technical data or goods 
transferred under this Agreement are classified, the furnishing 
Cooperating Agency shall mark with a notice, or otherwise 
specifically identify, such technical data or goods. The 
requested Partner State may require that any such transfer 
shall be pursuant to a security of information agreement or 
arrangement which sets forth the conditions for transferring 
and protecting such technical data or goods. A transfer need 
not be conducted if the receiving Partner State does not 
provide for the protection of the secrecy of patent 
applications containing information that is classified or 
otherwise held in secrecy for national security purposes. No 
classified technical data or goods shall be transferred under 
this Agreement unless both parties agree to the transfer.
    4. Each Partner State shall take all necessary steps to 
ensure that technical data or goods received by it under 
subparagraphs 3(a), 3(b), 3(c) above shall be treated by the 
receiving Partner State, its Cooperating Agency, and other 
persons and entities (including contractors and subcontractors) 
to which the technical data or goods are subsequently 
transferred in accordance with the terms of the notice or 
identification. Each Partner State and Cooperating Agency shall 
take all reasonably necessary steps, including ensuring 
appropriate contractual conditions in their contracts and 
subcontracts, to prevent unauthorized use, disclosure, or 
retransfer of, or unauthorized access to, such technical data 
or goods. In the case of technical data or goods received under 
subparagraph 3(c) above, the receiving partner State or 
Cooperating Agency shall accord such technical data or gods a 
level of protection at least equivalent to the level of 
protection accorded by the furnishing Partner State or 
Cooperating Agency.
    5. It is not the intent of the Partners to grant, through 
this Agreement or the relevant MOUs, any rights to a recipient 
beyond the right to use, disclose, or retransfer received 
technical data or goods consistent with conditions imposed 
under this Article.
    6. Withdrawal from this Agreement by a Partner State shall 
not affect rights or obligations regarding the protection of 
technical data and goods transferred under this Agreement prior 
to such withdrawal, unless otherwise agreed in a withdrawal 
agreement pursuant to Article 28.
Article 20: Treatment of Data and Goods in Transit
    Recognizing the importance of the continuing operation and 
full international utilization of the Space Station, each 
Partner State shall, to the extent its applicable laws and 
regulations permit, allow the expeditious transit of data and 
goods of the other Partners, their Cooperating Agencies, and 
their users. This Article shall only apply to data and goods 
transiting to and from the Space Station, including but not 
limited to transit between its national border and a launch or 
landing site and the Space Station.
Article 21: Intellectual Property
    1. For the purposes of this Agreement, ``intellectual 
property'' is understood to have the meaning of Article 2 of 
the Convention Establishing the world Intellectual Property 
Organization, done at Stockholm on 14 July 1967.
    2. Subject to the provisions of this Article, for purposes 
of intellectual property law, an activity occurring in or on a 
Space Station flight element shall be deemed to have occurred 
only in the territory of the Partner State of that element's 
registry, expect that for ESA-registered elements any European 
Partner State may deem the activity to have occurred within its 
territory. For avoidance of doubt, participation by a partner 
State, its Cooperating Agency, or its related entities in an 
activity occurring in or on any other Partner's Space Station 
flight element shall not in and of itself alter or affect the 
jurisdiction over such activity provided for in the previous 
sentence.
    3. In respect of an invention made in or on any Space 
Station flight element by a person who is not its national or 
resident, a Partner State shall not apply its laws concerning 
secrecy of inventions so as to prevent the filing of a patent 
application (for example, by imposing a delay or requiring 
prior authorization) in any other partner State that provides 
for the protection of the secrecy of patent applications 
containing information that is classified or otherwise 
protected for national security purposes. This provision does 
not prejudice (a) the right of any Partner State in which a 
patent application or restrict its further filing; or (b) the 
right of any other Partner State in which an application is 
subsequently filed to restrict, pursuant to any international 
obligation, the dissemination of an application.
    4. Where a person or entity owns intellectual property 
which is protected in more than one European Partner State, 
that person or entity may not recover in more than one such 
State for the same act of infringement of the same rights in 
such intellectual property which occurs in or on an ESA-
registered element gives rise to actions by different 
intellectual property owners by virtue of more than one 
European Partner State's deeming the activity to have occurred 
in its territory, a court may grant a temporary stay of 
proceeding in a later-filed action pending the outcome of an 
earlier-filed action. Where more than one action is brought, 
satisfaction of a judgment rendered for damages in any of the 
actions shall bar further recovery of damages in any pending or 
future action for infringement based upon the same act of 
infringement.
    5. With respect to an activity occurring in or on an ESA-
registered element, no European Partner State shall refuse to 
recognize a license for the exercise of any intellectual 
property right if that license is enforceable under the laws of 
any European Partner State, and compliance with the provisions 
of such license shall also bar recovery for infringement in any 
European Partner State.
    6. The temporary presence in the territory of a Partner 
State of any articles, including the components of a flight 
element, in transit between any place on Earth and any flight 
element of the Space Station registered by another Partner 
State or ESA shall not in itself form the basis for any 
proceedings in the first Partner State for patent infringement.
Article 22: Criminal Jurisdiction
    In view of the unique and unprecedented nature of this 
particular international cooperation in space:
    1. Canada, the European Partner State, Japan, Russia, and 
the United States may exercise criminal jurisdiction over 
personnel in or on any flight element who are their respective 
nationals.
    2. In a case involving misconduct on orbit that: (a) 
affects the life or safety of a national of another Partner 
State or (b) occurs in or on or causes damage to the flight 
element of another Partner State, the Partner State whose 
national is the alleged perpetrator shall, at the request of 
any affected Partner State, consult with such State concerning 
their respective prosecutorial interests. An affected Partner 
State may, following such consultation, exercise criminal 
jurisdiction over the alleged perpetrator provided that, within 
90 days of the date of such consultation or within such other 
period as may be mutually agreed, the Partner State whose 
national is the alleged perpetrator either:
    (1) concurs in such exercise of criminal jurisdiction, or
    (2) fails to provide assurances that it will submit the 
case to its competent authorities for the purpose of 
prosecution.
    3. If a partner State which makes extradition conditional 
on the existence of a treaty receives a request for extradition 
from another Partner State with which it has no extradition 
treaty, it mat at its option consider this Agreement as the 
legal basis for extradition in respect of the alleged 
misconduct on orbit. Extradition shall be subject to the 
procedural provisions and the other conditions of the law of 
the requested Partner State.
    4. Each Partner State shall, subject to its national laws 
and regulations, afford the other Partners assistance in 
connection with alleged misconduct on orbit.
    5. This Article is not intended to limit the authorities 
and procedures for the maintenance of order and the conduct of 
crew activities in or on the Space Station which shall be 
established in the Code of Conduct pursuant to Article 11, and 
the Code of Conduct is not intended to limit the application of 
this Article.
Article 23: Consultations
    1. The partners, acting through their Cooperating Agencies, 
may consult with each other on any matter arising out of Space 
Station cooperation. The Partners shall exert their best 
efforts to settle such matters through consultation between or 
among their Cooperating Agencies in accordance with procedures 
provided in the MOUs.
    2. Any Partner may request that government-level 
consultations be held with another Partner in any matter 
arising out of Space Station cooperation. The requested partner 
shall accede to such request promptly. If the requesting 
Partner notifies the United States that the subject of such 
consultations is appropriate for consideration by all the 
Partners, the United States shall convene multilateral 
consultations at the earliest practicable time, to which it 
shall invite all the Partners.
    3. Any Partner which intended to proceed with significant 
flight element design changes which may have an impact on the 
other Partners shall notify the other partners accordingly at 
the earliest opportunity. A partner so notified may request 
that the matter be submitted to consultations in accordance 
with paragraphs 1 and 2 above.
    4. If an issue not resolved through consultations still 
needs to be resolved, the concerned Partners may submit that 
issue to an agreed form of dispute resolution such as 
conciliation, mediation, or arbitration.
Article 24: Space Station Cooperation Review
    In view of the long-term, complex, and evolving character 
of their cooperation under this Agreement, the partners shall 
keep each other informed of developments which might affect 
this cooperation. Beginning in 1999, and every three involved 
in their cooperation and to review and promote Space Station 
cooperation.
Article 25: Entry into Force
    1. This Agreement shall remain open for signature by the 
States listed in the Preamble of this Agreement.
    2. This Agreement is subject to ratification, acceptance, 
approval, or accession. Ratification, acceptance, approval, or 
accession shall be effected by each State in accordance with 
its constitutional processes. Instruments of ratification, 
acceptance, approval, or accession shall be deposited with the 
Government of the United States, hereby designated as the 
Depositary.
    3. (a) This Agreement shall enter into force on the date on 
which the last instrument of ratification, acceptance, or 
accession shall be effected by each State in accordance with 
its constitutional processes. Instruments of ratification, 
acceptance, approval, or accession shall be deposited with the 
Government of the United States, hereby designated as the 
Depositary.
    (b) This Agreement shall not enter into force for a 
European Partner State before it enters into force for the 
European partner. It shall enter into force for the European 
partner after the depositary receives instruments of 
ratification, acceptance, approval, or accession from at least 
four European signatory or acceding States, and, in addition, a 
formal notification by the Chairman of the ESA Council.
    (c) Following entry into force of this Agreement for the 
European partner, it shall enter into force for any European 
State listed in the Preamble that has not deposited its 
instrument of ratification, acceptance or approval upon deposit 
of such instrument. Any ESA Member State not listed in the 
Preamble may accede to this Agreement by depositing its 
instrument of accession with the Depositary.
    4. Upon entry into force of this Agreement, the 1988 
Agreement shall cease to be in force.
    5. If this Agreement has not entered into force for a 
partner within a period of two years after its signature, the 
United States may convene a conference of the signatories to 
this Agreement to consider what steps, including any 
modifications to this Agreement, are necessary to take account 
of that circumstance.
Article 26: Operative Effect as Between Certain Parties
    Notwithstanding Article 25 (3)(a) above, this Agreement 
shall become operative as between the United States and Russia 
on the date they have expressed their consent to be bound by 
depositing their instruments of ratification, acceptance or 
approval. The Depositary shall notify all signatory States if 
this Agreement becomes operative between the United States and 
Russia pursuant to this Article.
Article 27: Amendments
    This Agreement, including its Annex, may be amended by 
written agreement of the Government of the Partner States for 
which this Agreement has entered into force. Amendments to this 
Agreement, except for those made exclusively to the Annex, 
shall be subject to ratification, acceptance, approval, or 
accession by those States in accordance with their respective 
constitutional processes. Amendments made exclusively to the 
Annex shall require only a written agreement of the Governments 
of the Partner States for which this Agreement has entered into 
force.
Article 28: Withdrawal
    1. Any Partner State may withdraw from this Agreement at 
any time by giving to the Depositary at least one year's prior 
written notice. Withdrawal by a European Partner State shall 
not affect the rights and obligations of the European Partner 
under this Agreement.
    2. If a Partner gives notice of withdrawal from this 
Agreement, with a view toward ensuring the continuation of the 
overall program, the Partners shall endeavor to reach agreement 
concerning the terms and conditions of that partner's 
withdrawal before the effective date of withdrawal.
    3. (a) Because Canada's contribution is an essential part 
of the Space Station, upon its withdrawal, Canada shall ensure 
the effective use and operation by the United States of the 
Canadian elements listed in the Annex. To this end, Canada 
shall expeditiously provide hardware, drawing, documentation, 
software, spares, tooling, special test equipment, and/or any 
other necessary items requested by the United States. (b) Upon 
Canada's notice of withdrawal for any reason, the United States 
and Canada shall expeditiously negotiate a withdrawal 
agreement. Assuming that such agreement provides for the 
transfer to the United States of those elements required for 
the continuation of the overall program, it shall also provide 
for the United States to give Canada adequate compensation for 
such transfer.
    4. If a Partner gives notice of withdrawal from this 
Agreement, its Cooperating Agency shall be deemed to have 
withdrawn from its corresponding MOU with NASA, effective from 
the same date as its withdrawal from this Agreement.
    5. Withdrawal by any Partner State shall not affect that 
partner State's continuing rights and obligations under 
Articles 16, 17, and 19, unless otherwise agreed in a 
withdrawal agreement pursuant to paragraph 2 or 3 above.

IN WITNESS WHEREOF the undersigned, being duly authorized 
thereto by their respective Government, have signed this 
Agreement.

DONE at, this day of, 1998. The texts of this Agreement in the 
English, French, German, Italian, Japanese, and Russian 
languages shall be equally authentic. A single original text in 
each language shall be deposited in the archives of the 
Government of the United States. The Depositary shall transmit 
certified copies to all signatory States. Upon entry into force 
of this Agreement, the Depositary shall register it pursuant to 
Article 102 of the Charter of the United Nations.

      ANNEX Space Station Elements to be Provided by the Partners

    1. The Government of Canada, through CSA, shall provide:
        --as a Space Station infrastructure element, the Mobile 
        Servicing Center (MSC);
        --as an additional flight element, the Special Purpose 
        Dexterous Manipulator; and
        --in addition to the flight elements above, Space 
        Station-unique ground elements.
    2. The European Government, through ESA, shall provide:
        --as a user element, the European pressurized 
        laboratory (including basic functional outfitting);
        --other flight elements to supply and to reboost the 
        Space Station; and
        --in addition to the flight elements above, Space 
        Station-unique ground elements.
    3. The Government of Japan shall provide:
        --as a user element, the Japanese Experiment Module 
        (including basic functional outfitting, as well as the 
        Exposed Facility and the Experiment Logistics Modules);
        --other flight elements to supply the Space Station; 
        and
        --in addition to the flight elements above, Space 
        Station-unique ground elements.
    4. The Government of Russia, through RSA, shall provide:
        --Space Station infrastructure elements, including 
        service and other modules;
        --as user elements, research modules (including basic 
        functional outfitting) and attached payload 
        accommodation equipment;
        --other flight elements to supply and to reboost the 
        Space Station; and
        --in addition to the flight elements above, Space 
        Station-unique ground elements.
    5. The Government of the United States, through NASA, shall 
provide:
        --Space Station infrastructure elements, including a 
        habitation module;
        --as user elements, laboratory modules (including basic 
        functional outfitting), and attached payload 
        accommodation equipment;
        --other flight elements to supply the Space Station; 
        and
        --in addition to the flight elements above, Space 
        Station-unique ground elements.