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

[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--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

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--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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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--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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.