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pdfTITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
This title was enacted by Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3328
703.
Subtitle I—General
Chap.
101.
Sec.
Definitions ............................................
10101
Subtitle II—General Program and
Policy Provisions
201.
203.
National Aeronautics and Space
Program .............................................
Responsibilities and Vision .............
20101
20301
303.
305.
307.
309.
311.
313.
315.
Appropriations, Budgets, and Accounting .............................................
Contracting and Procurement ........
Management and Review ..................
International
Cooperation
and
Competition ......................................
Awards ...................................................
Safety .....................................................
Healthcare ............................................
Miscellaneous ......................................
405.
407.
409.
Aeronautics ..........................................
National Space Grant College and
Fellowship Program .......................
Biomedical Research in Space ........
Environmentally Friendly Aircraft
Miscellaneous ......................................
30101
30301
30501
30701
30901
31101
31301
31501
40101
40301
40501
40701
40901
Subtitle V—Programs Targeting
Commercial Opportunities
501.
503.
505.
507.
509.
511.
Space Commerce .................................
Commercial Reusable In-Space
Transportation .................................
Commercial Space Competitiveness ......................................................
Office of Space Commercialization
Commercial Space Launch Activities .......................................................
Space Transportation Infrastructure Matching Grants ....................
50101
50301
50501
50701
50901
51101
Subtitle VI—Earth Observations
601.
603.
605.
Land Remote Sensing Policy ..........
Remote Sensing ...................................
Earth Science .......................................
60101
60301
60501
Subtitle VII—Access to Space
701.
Use of Space Shuttle or Alternatives ................................................
Page 1
70701
70901
71101
71301
AMENDMENTS
TABLE I
(Showing disposition of former sections of Title 15)
Subtitle IV—Aeronautics and Space
Research and Education
401.
403.
709.
711.
713.
70301
70501
2010—Pub. L. 111–314, § 4(d)(7), Dec. 18, 2010, 124 Stat.
3443, added items 509 and 511.
Subtitle III—Administrative
Provisions
301.
705.
707.
Shuttle Pricing Policy for Commercial and Foreign Users ...........
Exploration Initiatives .....................
Human Space Flight Independent
Investigation Commission ............
International Space Station ............
Near-Earth Objects .............................
Cooperation for Safety Among
Spacefaring Nations .......................
70101
Title 15
Former Sections
1511e ........................................
1535 .........................................
5601 .........................................
5602 .........................................
5611 .........................................
5612, 5613 .................................
5614 .........................................
5615(a), (b) ...............................
5615(c), (d) ...............................
5621 to 5625 ..............................
5631 .........................................
5632 .........................................
5633(a) to (e) ............................
5633(f), 5641(a) .........................
5641(b), (c) ...............................
5651 to 5658 ..............................
5671 .........................................
5672 .........................................
5801 .........................................
5802 .........................................
5803(a) to (c) ............................
5803(d) .....................................
5805 .........................................
5806 .........................................
5807 .........................................
5808 .........................................
Title 51
New Sections
50702
50703
60101
60101
60111
Rep.
60112
60113
Rep.
60121
60131
60132
60133
Rep.
60134
60141
60161
60162
50501
50501
50502
Rep.
Rep.
50503
50504
50506
note
to 60125
to 60148
note
TABLE II
(Showing disposition of former sections of Title 42)
Title 42
Former Sections
2451 .........................................
2452 .........................................
2453 .........................................
2454 .........................................
2455(a) .....................................
2455(b) .....................................
2456 .........................................
2456a .......................................
2457 .........................................
2458 to 2458c ............................
2459 .........................................
2459a .......................................
2459b .......................................
2459c ........................................
2459d .......................................
2459e ........................................
2459f ........................................
2459f–1 .....................................
2459g .......................................
2459h .......................................
2459i ........................................
2459j ........................................
2459j–1 .....................................
2459k .......................................
Title 51
New Sections
20102
20103
Rep.
20131
20132
20132 note
20133
20134
20135
20136 to 20139
20140
Elim.
20141
20142
30301
30302
20143
20144
30307
30308(b)
30102
20145
20145 note
20146
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
TABLE II—CONTINUED
Title 42
Former Sections
2459l ........................................
2460 .........................................
2461 .........................................
2463 .........................................
2464 .........................................
2464a .......................................
2465a(a) ...................................
2465a(b) ...................................
2465a(c) ...................................
2465a(d) ...................................
2465c ........................................
2465f ........................................
2466 to 2466c ............................
2467 .........................................
2467a .......................................
2467b(a), (b) .............................
2467b(c) ...................................
2471, 2471a ...............................
2472 .........................................
2473(a), (b) ...............................
2473(c) .....................................
2473b (1st par.) ........................
2473b (last par.), 2473c(a) .........
2473c(b) ...................................
2473c(c) to (h) ..........................
2473d .......................................
2474(a) .....................................
2474(b), (c) ...............................
2474(d) .....................................
2475 .........................................
2475a(a), (b) .............................
2475b .......................................
2476 .........................................
2476a .......................................
2476b .......................................
2477 .........................................
2481 to 2484 ..............................
2486 .........................................
2486a to 2486i ...........................
2486k .......................................
2486l ........................................
2487 .........................................
2487a to 2487c ..........................
2487e ........................................
2487f ........................................
2487g .......................................
14701 ........................................
14711(a) ....................................
14711(b) ....................................
14712(a) ....................................
14712(b) ....................................
14713 ........................................
14714 ........................................
14715(a), (b) .............................
14715(c) ....................................
14715(d), (e) .............................
14731 ........................................
14732 ........................................
14733(a) ....................................
14733(b), (c) .............................
14734 ........................................
14735 ........................................
14751 ........................................
14752 ........................................
14753 ........................................
16601 ........................................
16611(a) ....................................
16611(b) ....................................
16611(c) to (g) ..........................
16611(h)(1) ................................
16611(h)(2) ................................
16611(i) ....................................
16611(j) ....................................
16611a(a) to (c) ........................
16611a(d) ..................................
16611a(e) ..................................
16611a(f) ..................................
16611b ......................................
16611b note (Pub. L. 111–8, div.
B, title III, 123 Stat. 589).
16612 ........................................
16613 ........................................
16614 ........................................
16615 ........................................
16616, 16617 ..............................
16618 ........................................
16631, 16632 ..............................
16633 ........................................
16634 ........................................
16635, 16636 ..............................
16651 ........................................
16652, 16653 ..............................
16654(a) (matter before par.
(1)).
16654(a)(1) ................................
16654(a)(2) ................................
16654(b), 16655(1) ......................
16655(2), (3) ..............................
16656 ........................................
16657 ........................................
Title 51
New Sections
20147
30101
30901
30303
70101
Elim.
70102(a)
Rep.
70102(b)
70102(c)
70103(a)
70103(b)
70301 to 70304
40901
40902
40903(b), (c)
40903(a)
20111 notes
20111
20112
20113
30304
Rep.
31102 note
31102
30309
Rep.
20114(a), (b)
Rep.
20115
30701(a), (b)(2)
30702
20116
20117
Rep.
31101
20161 to 20164
40301 note
40301 to 40309
40310
Rep.
40501 note
40501 to 40503
40504
40505
Rep.
50101
50111(a)
Rep.
50112 note
50112
50113
50114
50115(a), (b)
Rep.
50115(c), (d)
50131
50132
50133
Rep.
50134
Rep.
50301 note
50302
50301
10101 note
20301
20302
Elim.
30103(a)
Elim.
30103(b)
Elim.
20303(a) to (c)
Elim.
20303(d)
Elim.
30103(c)
30103(d)
note prec. 40901
30104
30703
30501
Elim.
30502
Rep.
70902
50505
Elim.
30503
Elim.
30504(a)
Elim.
30504(b)
Elim.
40904
60505
Elim.
Page 2
TABLE II—CONTINUED
Title 42
Former Sections
16658 ........................................
16671 to 16676 ...........................
16691 ........................................
16701 ........................................
16711 ........................................
16712(a) ....................................
16712(b) ....................................
16721(a), (b) .............................
16721(c), (d) .............................
16722(a) ....................................
16722(b) to (g) ..........................
16723 to 16725 ...........................
16726 ........................................
16727 ........................................
16741 ........................................
16751 ........................................
16761(a), (b) .............................
16761(c) ....................................
16762 ........................................
16763 ........................................
16764 ........................................
16765 ........................................
16766(1), (2) ..............................
16766(3) ....................................
16767(a), (b) .............................
16767(c) ....................................
16767(d) ....................................
16781 ........................................
16782 ........................................
16791 ........................................
16792 ........................................
16793 ........................................
16794 ........................................
16795 ........................................
16796 ........................................
16797 ........................................
16798(a) ....................................
16798(b) ....................................
16811 ........................................
16821 ........................................
16822 ........................................
16823 ........................................
16824 ........................................
16831 ........................................
16832 ........................................
16841 to 16850 ...........................
17701 ........................................
17702 ........................................
17711 ........................................
17712(a) ....................................
17712(b) to (d) ..........................
17713(a) ....................................
17713(b) ....................................
17714 ........................................
17721 ........................................
17722 ........................................
17723(a) ....................................
17723(b), (c) .............................
17724 ........................................
17731 ........................................
17732(a), (b) .............................
17732(c) ....................................
17733(a) ....................................
17733(b) ....................................
17734 ........................................
17741 ........................................
17742 ........................................
17751(a) ....................................
17751(b) ....................................
17752 ........................................
17753 ........................................
17761 ........................................
17771 ........................................
17781(a) ....................................
17781(b) ....................................
17781(c) ....................................
17791(a) ....................................
17791(b) ....................................
17792 ........................................
17793 to 17795 ...........................
17801 ........................................
17811(a) ....................................
17811(b), (c) .............................
17812(a) ....................................
17812(b) ....................................
17821(a) ....................................
17821(b) ....................................
17822 ........................................
17823 ........................................
17824 ........................................
17825(a), (b) .............................
17825(c) ....................................
17826 ........................................
17827 ........................................
17828 ........................................
17829 ........................................
Title 51
New Sections
20304
60301 to 60306
note prec. 71101
40101
40102
Elim.
40103
40111
Rep.
40701
40112(a) to (f)
40113 to 40115
Rep.
40116
40131
40141
70501(a), (b)
Elim.
70501 note
70502
70503
70904
70903
Elim.
70905(b), (c)
Elim.
70905(a)
31501
70304 note
40905
30902
Elim.
40906
40907
note prec. 40901
40908
Elim.
40909
50116
30306
31301
30704
Elim.
T. 42 § 1886a
Elim.
70701 to 70710
20102 note
10101 note
60501
Elim.
60502(a) to (c)
60503
Elim.
60504
40702
40703
40704 note
40704(a), (b)
40104
70504
70505(a), (b)
Elim.
70506 note
70506
71301
70507
70508
70907
Elim.
70906
Elim.
70501 note
50903 note
Elim.
40903(d)
40311
71101
Elim.
71101 note
71102 to 71104
50111(b)
31502
Elim.
31503
Elim.
71302 note
71302
31302
20305
30305
Elim.
60506
Elim.
30310
31504
31505
ENACTMENT OF TITLE
Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3328, provided in part that: ‘‘Title 51, United States Code, ‘Na-
Page 3
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
tional and Commercial Space Programs’, is enacted as
follows’’.
PURPOSE; CONFORMITY WITH ORIGINAL INTENT
Pub. L. 111–314, § 2, Dec. 18, 2010, 124 Stat. 3328, provided that:
‘‘(a) PURPOSE.—The purpose of this Act [see Tables
for classification] is to codify certain existing laws related to national and commercial space programs as a
positive law title of the United States Code.
‘‘(b) CONFORMITY WITH ORIGINAL INTENT.—In the codification of laws by this Act, the intent is to conform to
the understood policy, intent, and purpose of Congress
in the original enactments, with such amendments and
corrections as will remove ambiguities, contradictions,
and other imperfections, in accordance with section
205(c)(1) of House Resolution No. 988, 93d Congress, as
enacted into law by Public Law 93–554 (2 U.S.C.
285b(1)).’’
TRANSITIONAL AND SAVINGS PROVISIONS
Pub. L. 111–314, § 5, Dec. 18, 2010, 124 Stat. 3443, provided that:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) SOURCE PROVISION.—The term ‘source provision’
means a provision of law that is replaced by a title 51
provision.
‘‘(2) TITLE 51 PROVISION.—The term ‘title 51 provision’ means a provision of title 51, United States
Code, that is enacted by section 3.
‘‘(b) CUTOFF DATE.—The title 51 provisions replace
certain provisions of law enacted on or before July 1,
2009. If a law enacted after that date amends or repeals
a source provision, that law is deemed to amend or repeal, as the case may be, the corresponding title 51 provision. If a law enacted after that date is otherwise inconsistent with a title 51 provision or a provision of
this Act [see Tables for classification], that law supersedes the title 51 provision or provision of this Act to
the extent of the inconsistency.
‘‘(c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For
purposes of determining whether one provision of law
supersedes another based on enactment later in time, a
title 51 provision is deemed to have been enacted on the
date of enactment of the corresponding source provision.
‘‘(d) REFERENCES TO TITLE 51 PROVISIONS.—A reference to a title 51 provision is deemed to refer to the
corresponding source provision.
‘‘(e) REFERENCES TO SOURCE PROVISIONS.—A reference
to a source provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding title 51 provision.
‘‘(f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A regulation, order, or other administrative action in effect under a source provision continues in effect under the corresponding title 51 provision.
‘‘(g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An
action taken or an offense committed under a source
provision is deemed to have been taken or committed
under the corresponding title 51 provision.’’
§ 10101
(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, § 3, Dec. 18, 2010, 124 Stat. 3329.)
HISTORICAL AND REVISION NOTES
Revised
Section
10101 ..........
Source (U.S. Code)
Source (Statutes at Large)
(no source)
Title-wide definitions for the terms ‘‘Administration’’ and ‘‘Administrator’’ are added for clarity and
convenience.
SHORT TITLE OF 2013 AMENDMENT
Pub. L. 112–273, § 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, § 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, § 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, § 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, § 901, Oct. 23, 2002, 116 Stat.
1573, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Commercial Reusable InSpace Transportation Act of 2002’.’’
SHORT TITLE OF 2000 ACT
Pub. L. 106–405, § 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, § 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’.’’
REPEALS
Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444, repealed specified laws relating to national and commercial space programs, except with respect to rights and
duties that matured, penalties that were incurred, or
proceedings that were begun before Dec. 18, 2010.
Subtitle I—General
CHAPTER 101—DEFINITIONS
Sec.
10101.
Definitions.
§ 10101. Definitions
In this title:
SHORT TITLE OF 1992 ACT
Pub. L. 102–555, § 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, § 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, § 201, Oct. 30, 1987, 101 Stat.
869, provided that: ‘‘This title [see Tables for classifica-
§ 10101
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
tion] may be cited as the ‘National Space Grant College
and Fellowship Act’.’’
(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).’’
SHORT TITLE OF 1958 ACT
Pub. L. 85–568, title I, § 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. 111–358, title II, § 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, § 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, § 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, § 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 longterm research, development, and manufacturing
Page 4
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.
20102.
20103.
Short title.
Congressional declaration of policy and purpose.
Definitions.
SUBCHAPTER II—COORDINATION OF
AERONAUTICAL AND SPACE ACTIVITIES
20111.
20112.
20113.
20114.
20115.
20116.
20117.
National Aeronautics and Space Administration.
Functions of the Administration.
Powers of the Administration in performance
of functions.
Administration and Department of Defense
coordination.
International cooperation.
Reports to Congress.
Disposal of excess land.
SUBCHAPTER III—GENERAL ADMINISTRATIVE
PROVISIONS
20131.
20132.
20133.
20134.
20135.
20136.
20137.
20138.
20139.
20140.
20141.
20142.
20143.
20144.
20145.
20146.
20147.
Public access to information.
Security requirements.
Permission to carry firearms.
Arrest authority.
Property rights in inventions.
Contributions awards.
Malpractice and negligence suits against
United States.
Insurance and indemnification.
Insurance for experimental aerospace vehicles.
Appropriations.
Misuse of agency name and initials.
Contracts regarding expendable launch vehicles.
Full cost appropriations account structure.
Prize authority.
Lease of non-excess property.
Retrocession of jurisdiction.
Recovery and disposition authority.
SUBCHAPTER IV—UPPER ATMOSPHERE
RESEARCH
20161.
Congressional declaration of purpose and policy.
Page 5
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
Sec.
20162.
20163.
20164.
Definition of upper atmosphere.
Program authorized.
International cooperation.
SUBCHAPTER I—SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS
§ 20101. Short title
This chapter may be cited as the ‘‘National
Aeronautics and Space Act’’.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3330.)
HISTORICAL AND REVISION NOTES
Revised
Section
20101 ..........
Source (U.S. Code)
Source (Statutes at Large)
(no source)
Chapter 201 of title 51 restates the National Aeronautics and Space Act of 1958. Although short titles are
generally eliminated as unnecessary in positive law
titles of the United States Code, in this case it was suggested that the short title ‘‘National Aeronautics and
Space Act’’ be provided for convenience.
§ 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, equip-
§ 20102
ment, 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.
(e) GROUND PROPULSION SYSTEMS RESEARCH
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 petroleumconserving 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).
AND
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3330.)
§ 20102
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
20102 ..........
42 U.S.C. 2451.
Source (Statutes at Large)
Pub. L. 85–568, title I, § 102,
July 29, 1958, 72 Stat. 426;
Pub. L. 94–413, § 15(a), (b),
Sept. 17, 1976, 90 Stat. 1270;
Pub. L. 95–238, title III,
§ 311, Feb. 25, 1978, 92 Stat.
83; Pub. L. 95–401, § 7, Sept.
30, 1978, 92 Stat. 860; Pub.
L. 98–361, title I, § 110,
July 16, 1984, 98 Stat. 426;
Pub. L. 100–685, title II,
§ 214, Nov. 17, 1988, 102
Stat. 4093; Pub. L. 106–391,
title III, § 302(a), Oct. 30,
2000, 114 Stat. 1591; Pub. L.
109–155, title III, § 321(d)(2),
Dec. 30, 2005, 119 Stat.
2923.
In subsection (b), the words ‘‘in conformity with section 201(e)’’, which appeared at the end of the subsection, are omitted as obsolete. Section 201 of Public
Law 85–568, which was classified to former section 2471
of title 42 (last appearing in the 1970 edition of the
United States Code), established the National Aeronautics and Space Council, with the functions of the
Council specified in section 201(e). Those functions included advising the President ‘‘as he may request’’ with
respect to promoting cooperation and resolving differences among agencies of the United States engaged
in aeronautical and space activities. The words are obsolete because section 3(a)(4) of Reorganization Plan
No. 1 of 1973 (5 App. U.S.C.), abolished the National
Aeronautics and Space Council, including the office of
Executive Secretary of the Council, together with its
functions.
In subsection (c), the words ‘‘(as established by title
II of this Act)’’, which appeared after ‘‘Administration’’, are omitted as unnecessary.
In subsection (d), the word ‘‘and’’, appearing at the
end of paragraph (8), is omitted as unnecessary because
of the introductory words ‘‘one or more of the following’’.
CONGRESSIONAL FINDINGS AND POLICY
Pub. L. 110–422, § 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;
Page 6
‘‘(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, §§ 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
Page 7
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
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, §§ 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;
§ 20102
‘‘(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;
§ 20102
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
‘‘(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, § 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;
Page 8
‘‘(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.’’
Page 9
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
§ 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, § 3, Dec. 18, 2010, 124 Stat. 3332.)
HISTORICAL AND REVISION NOTES
Revised
Section
20103 ..........
Source (U.S. Code)
42 U.S.C. 2452.
§ 20111
Revised
Section
20111 ..........
Source (U.S. Code)
42 U.S.C. 2472.
Source (Statutes at Large)
Pub. L. 85–568, title II, § 202,
July 29, 1958, 72 Stat. 429;
Pub. L. 88–426, title III,
§ 305(12), Aug. 14, 1964, 78
Stat. 423.
USERS’ ADVISORY GROUP
Pub. L. 101–611, title I, § 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.].’’
Source (Statutes at Large)
NATIONAL SPACE COUNCIL
Pub. L. 85–568, title I, § 103,
July 29, 1958, 72 Stat. 427;
Pub. L. 98–52, title I, § 108,
July 15, 1983, 97 Stat. 285.
Pub. L. 101–328, § 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, § 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 traveltime) 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. 101–509, set out in a note under section 5376
of Title 5.]
Pub. L. 100–685, title V, § 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.’’
In paragraph (1)(A), the word ‘‘Earth’s’’ is capitalized
for consistency in title 51.
SUBCHAPTER II—COORDINATION OF
AERONAUTICAL AND SPACE ACTIVITIES
§ 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, § 3, Dec. 18, 2010, 124 Stat. 3332.)
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
§ 20111
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
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. ESTABLISHING THE NATIONAL SPACE
COUNCIL
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, § 4(f), Sept. 30, 1993, 58 F.R.
51752, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
and in order to provide a coordinated process for developing a national space policy and strategy and for monitoring its implementation, it is hereby ordered as follows:
SECTION 1. Establishment and Composition of the National Space Council.
(a) There is established the National Space Council
(‘‘the Council’’).
(b) The Council shall be composed of the following
members:
(1) The Vice President, who shall be Chairman of the
Council;
(2) The Secretary of State;
(3) The Secretary of the Treasury;
(4) The Secretary of Defense;
(5) The Secretary of Commerce;
(6) The Secretary of Transportation;
(7) The Secretary of Energy;
(8) The Director of the Office of Management and
Budget;
(9) The Chief of Staff to the President;
(10) The Assistant to the President for National Security Affairs;
(11) The Assistant to the President for Science and
Technology;
(12) The Director of Central Intelligence; and
(13) The Administrator of the National Aeronautics
and Space Administration.
Page 10
(c) The Chairman shall, from time to time, invite the
following to participate in meetings of the Council:
(1) The Chairman of the Joint Chiefs of Staff; and
(2) The heads of other executive departments and
agencies and other senior officials in the Executive Office of the President.
SEC. 2. Functions of the Council. (a) The Council shall
advise and assist the President on national space policy
and strategy, and perform such other duties as the
President may from time to time prescribe.
(b) In addition, the Council is directed to:
(1) review United States Government space policy, including long-range goals, and develop a strategy for national space activities;
(2) develop recommendations for the President on
space policy and space-related issues;
(3) monitor and coordinate implementation of the objectives of the President’s national space policy by executive departments and agencies; and
(4) foster close coordination, cooperation, and technology and information exchange among the civil, national security, and commercial space sectors, and facilitate resolution of differences concerning major
space and space-related policy issues.
(c) The creation and operation of the Council shall
not interfere with existing lines of authority and responsibilities in the departments and agencies.
SEC. 3. Responsibilities of the Chairman. (a) The Chairman shall serve as the President’s principal advisor on
national space policy and strategy.
(b) The Chairman shall, in consultation with the
members of the Council, establish procedures for the
Council and establish the agenda for Council activities.
(c) The Chairman shall report to the President on the
activities and recommendations of the Council. The
Chairman shall advise the Council as appropriate regarding the President’s directions with respect to the
Council’s activities and national space policy generally.
(d) The Chairman shall authorize the establishment
of such committees of the Council, including an executive committee, and of such working groups, composed
of senior designees of the Council members and of other
officials invited to participate in Council meetings, as
he deems necessary or appropriate for the efficient conduct of Council functions.
SEC. 4. National Space Policy Planning Process. (a) The
Council will establish a process for developing and
monitoring the implementation of national space policy and strategy.
(b) To implement this process, each agency represented on the Council shall provide such information
regarding its current and planned space activities as
the Chairman shall request.
(c) The head of each executive department and agency shall ensure that its space-related activities conform to national space policy and strategy.
SEC. 5. [Revoked by Ex. Ord. No. 12869, § 4(f), Sept. 30,
1993, 58 F.R. 51752.]
SEC. 6. Microgravity Research Board. Section 1(c) of
Executive Order No. 12660 is amended by deleting ‘‘Economic Policy Council’’ and inserting in lieu thereof
‘‘National Space Council.’’
SEC. 7. Administrative Provisions. (a) The Office of Administration in the Executive Office of the President
shall provide the Council with such administrative support on a reimbursable basis as may be necessary for
the performance of the functions of the Council.
(b) The President shall appoint an Executive Secretary who shall appoint such staff as may be necessary
to assist in the performance of the Council’s functions.
(c) All Federal departments, agencies, and interagency councils and committees having an impact on
space policy shall extend, as appropriate, such cooperation and assistance to the Council as is necessary to
carry out its responsibilities under this order.
(d) The head of each agency serving on the Council or
represented on any working group or committee of the
Council shall provide such administrative support as
may be necessary, in accordance with law and subject
Page 11
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
to the availability of appropriations, to enable the
agency head or its representative to carry out his responsibilities.
SEC. 8. Report. The Council shall submit an annual report setting forth its assessment of and recommendations for the space policy and strategy of the United
States Government.
§ 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, § 3, Dec. 18, 2010, 124 Stat. 3333.)
HISTORICAL AND REVISION NOTES
Revised
Section
20112 ..........
Source (U.S. Code)
42 U.S.C. 2473(a),
(b).
Source (Statutes at Large)
Pub. L. 85–568, title II,
§ 203(a), (b), July 29, 1958,
72 Stat. 429; Pub. L. 93–409,
§ 4, Sept. 3, 1974, 88 Stat.
1070; Pub. L. 94–413, § 15(c),
Sept. 17, 1976, 90 Stat. 1270;
Pub. L. 95–401, § 6, Sept. 30,
1978, 92 Stat. 860; Pub. L.
101–611, title I, § 107, Nov.
16, 1990, 104 Stat. 3197.
§ 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,
§ 20113
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.); 1 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,
1 See
References in Text note below.
§ 20113
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
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.
Page 12
(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.
Page 13
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(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.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3333.)
HISTORICAL AND REVISION NOTES
Revised
Section
20113 ..........
Source (U.S. Code)
42 U.S.C. 2473(c).
Source (Statutes at Large)
Pub. L. 85–568, title II,
§ 203(c), formerly § 203(b),
July 29, 1958, 72 Stat. 429;
Pub. L. 86–20, May 13, 1959,
73 Stat. 21; Pub. L. 86–481,
§ 5, June 1, 1960, 74 Stat.
153; Pub. L. 87–367, title II,
§ 206(a), Oct. 4, 1961, 75
Stat. 791; Pub. L. 87–584,
§ 6, Aug. 14, 1962, 76 Stat.
384;
Pub.
L.
87–793,
§ 1001(f), Oct. 11, 1962, 76
Stat. 864; Pub. L. 88–426,
title III, § 306(d), Aug. 14,
1964, 78 Stat. 429; Pub. L.
88–448, title IV, § 402(a)(34),
Aug. 10, 1964, 78 Stat. 495;
Pub. L. 91–646, title II,
§ 220(a)(2), Jan. 2, 1971, 84
Stat. 1903; Pub. L. 93–74,
§ 6, July 23, 1973, 87 Stat.
174; Pub. L. 93–316, § 6,
June 22, 1974, 88 Stat. 243;
renumbered § 203(c), Pub.
L. 93–409, § 4, Sept. 3, 1974,
88 Stat. 1070; Pub. L. 96–48,
§ 6(a), Aug. 8, 1979, 93 Stat.
348; Pub. L. 108–201, § 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
§ 20114
for GS–18’’ because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (enacted by § 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 (§ 251 et seq.) of chapter
4 of former Title 41, Public Contracts, and was substantially repealed and restated in division C (§ 3101 et seq.)
of subtitle I of Title 41, Public Contracts, by Pub. L.
111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For
complete classification of this Act to the Code, see
Short Title of 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.
PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS
Pub. L. 106–391, title III, § 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, § 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.’’
§ 20114. Administration and Department of Defense coordination
(a) ADVISE AND CONSULT.—The Administration
and the Department of Defense, through the
§ 20115
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
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, § 3, Dec. 18, 2010, 124 Stat. 3336.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
20114(a) ......
42 U.S.C. 2474(b).
20114(b) ......
42 U.S.C. 2474(c).
Source (Statutes at Large)
Pub. L. 85–568, title II,
§ 204(b), (c), July 29, 1958,
72 Stat. 431.
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.
§ 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, § 3, Dec. 18, 2010, 124 Stat. 3337.)
HISTORICAL AND REVISION NOTES
Revised
Section
20115 ..........
Source (U.S. Code)
42 U.S.C. 2475.
Source (Statutes at Large)
Pub. L. 85–568, title II, § 205,
July 29, 1958, 72 Stat. 432.
DELEGATION OF AUTHORITY
Memorandum of President of the United States, Oct.
10, 1995, 60 F.R. 53251, provided:
Page 14
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.
§ 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, § 3, Dec. 18, 2010, 124 Stat. 3337.)
HISTORICAL AND REVISION NOTES
Revised
Section
20116 ..........
Source (U.S. Code)
42 U.S.C. 2476.
Source (Statutes at Large)
Pub. L. 85–568, title II, § 206,
July 29, 1958, 72 Stat. 432;
Pub. L. 92–68, § 7, Aug. 6,
1971, 85 Stat. 177; Pub. L.
106–391, title III, § 302(b),
Oct. 30, 2000, 114 Stat. 1591.
In subsections (a)(2) and (b), the words ‘‘section 102(c)
of this Act’’, which appear in section 206 of Public Law
85–568 (72 Stat. 432), are treated as referring to section
102(d), rather than section 102(c), of Public Law 85–568
because of the redesignation done by section 110(a)(2) of
the National Aeronautics and Space Administration
Authorization Act, 1985 (Public Law 98–361, 98 Stat.
426). Section 102(d) of Public Law 85–568 is restated as
section 20102(d) of title 51.
Page 15
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
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.
§ 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, § 3, Dec. 18, 2010, 124 Stat. 3337.)
SUBCHAPTER III—GENERAL
ADMINISTRATIVE PROVISIONS
§ 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, § 3, Dec. 18, 2010, 124 Stat. 3338.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20131(a) ......
42 U.S.C. 2454(a)
(words before proviso).
Pub. L. 85–568, title III, § 303,
July 29, 1958, 72 Stat. 433;
Pub. L. 102–588, title V,
§ 509, Nov. 4, 1992, 106 Stat.
5129.
20131(b) ......
20131(c) ......
42 U.S.C. 2454(b).
42 U.S.C. 2454(a)
(proviso).
HISTORICAL AND REVISION NOTES
Revised
Section
20117 ..........
Source (U.S. Code)
42 U.S.C. 2476a.
Source (Statutes at Large)
Pub. L. 85–568, title II, § 207,
as added Pub. L. 93–74, § 7,
July 23, 1973, 87 Stat. 175;
amended Pub. L. 103–437,
§ 15(j), Nov. 2, 1994, 108
Stat. 4593.
In paragraph (1), the words ‘‘Committee on Science
and Technology’’ are substituted for ‘‘Committee on
Science, Space, and Technology’’ on authority of section 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec.
21), Rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(o) of the Rules of
the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
§ 20132
§ 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.
§ 20133
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3338.)
HISTORICAL AND REVISION NOTES
Revised
Section
20132 ..........
Source (U.S. Code)
42 U.S.C. 2455(a).
Source (Statutes at Large)
Pub. L. 85–568, title III,
§ 304(a), July 29, 1958, 72
Stat. 433; 1978 Reorg. Plan
No. 2, § 102, eff. Jan. 1,
1979, 43 F.R. 36037, 92 Stat.
3783.
The words ‘‘Director of the Office of Personnel Management’’ are substituted for ‘‘Civil Service Commission’’ because of section 102 of Reorganization Plan No.
2 of 1978 (5 App U.S.C.).
ACCESS TO RESTRICTED DATA
Pub. L. 85–568, title III, § 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.]
§ 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
Page 16
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, § 3, Dec. 18, 2010, 124 Stat. 3338.)
HISTORICAL AND REVISION NOTES
Revised
Section
20133 ..........
Source (U.S. Code)
42 U.S.C. 2456.
Source (Statutes at Large)
Pub. L. 85–568, title III,
§ 304(e), July 29, 1958, 72
Stat. 435.
§ 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, § 3, Dec. 18, 2010, 124 Stat. 3339.)
HISTORICAL AND REVISION NOTES
Revised
Section
20134 ..........
Source (U.S. Code)
42 U.S.C. 2456a.
Source (Statutes at Large)
Pub. L. 85–568, title III,
§ 304(f), as added Pub. L.
100–685, title II, § 206, Nov.
17, 1988, 102 Stat. 4090.
§ 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
Page 17
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
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
§ 20135
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
§ 20136
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
Page 18
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.
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.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3339;
Pub. L. 112–29, § 7(d)(2), Sept. 16, 2011, 125 Stat.
315.)
(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.
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
20135 ..........
42 U.S.C. 2457.
Source (Statutes at Large)
Pub. L. 85–568, title III, § 305,
July 29, 1958, 72 Stat. 435;
Pub. L. 96–517, § 7(b), Dec.
12, 1980, 94 Stat. 3027; Pub.
L. 97–96, § 7, Dec. 21, 1981,
95 Stat. 1210; Pub. L.
97–164, title I, § 162(3), Apr.
2, 1982, 96 Stat. 49; Pub. L.
98–622, title II, § 205(c),
Nov. 8, 1984, 98 Stat. 3388;
Pub. L. 106–113, div. B,
§ 1000(a)(9)
[title
IV,
§ 4732(b)(20)], Nov. 29, 1999,
113 Stat. 1536, 1501A–585.
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
§ 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.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3342.)
Page 19
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
20136(a) ......
42 U.S.C. 2458(a).
20136(b) ......
42 U.S.C. 2458(b) (1st
sentence).
42 U.S.C. 2458(b)
(par. (1) of last
sentence).
42 U.S.C. 2458(b)
(par. (2) of last
sentence).
20136(c) ......
20136(d) ......
Source (Statutes at Large)
Pub. L. 85–568, title III, § 306,
July 29, 1958, 72 Stat. 437.
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.
§ 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
§ 20138
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, § 3, Dec. 18, 2010, 124 Stat. 3343.)
HISTORICAL AND REVISION NOTES
Revised
Section
20137 ..........
Source (U.S. Code)
42 U.S.C. 2458a.
Source (Statutes at Large)
Pub. L. 85–568, title III, § 307,
as added Pub. L. 94–464, § 3,
Oct. 8, 1976, 90 Stat. 1988.
In subsection (a), the word ‘‘hereafter’’ is omitted as
unnecessary.
In subsection (b), in the last sentence, commas are
added after ‘‘brought’’ and ‘‘Attorney General’’ for
clarity.
In subsection (e), the words ‘‘wrongful act or omission’’ are substituted for ‘‘wrongful act of omission’’ to
correct an error in the law.
§ 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 Admin-
§ 20139
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
istration 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, § 3, Dec. 18, 2010, 124 Stat. 3344.)
HISTORICAL AND REVISION NOTES
Revised
Section
20138 ..........
Source (U.S. Code)
42 U.S.C. 2458b.
Source (Statutes at Large)
Pub. L. 85–568, title III, § 308,
as added Pub. L. 96–48,
§ 6(b)(2), Aug. 8, 1979, 93
Stat. 348.
§ 20139. Insurance for experimental aerospace
vehicles
(a) DEFINITIONS.—In this section:
Page 20
(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
Page 21
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
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 ab-
§ 20139
solve 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, § 3, Dec. 18, 2010, 124 Stat. 3345.)
HISTORICAL AND REVISION NOTES
Revised
Section
20139 ..........
Source (U.S. Code)
42 U.S.C. 2458c.
Source (Statutes at Large)
Pub. L. 85–568, title III, § 309,
formerly title III, as
added Pub. L. 106–74, title
IV, § 435(a), Oct. 20, 1999,
113 Stat. 1097; designated
§ 309 and amended Pub. L.
106–391, title III, § 324(a)(2),
(b), Oct. 30, 2000, 114 Stat.
1599, 1600; Pub. L. 109–155,
title VII, § 702, Dec. 30,
2005, 119 Stat. 2936.
In subsection (d)(3), the words ‘‘without regard to the
date on which the Administration entered into the
waiver’’ are substituted for ‘‘without regard to whether
it was entered into before, on, or after the date of enactment of this Act’’ to avoid an ambiguity in the law.
§ 20140
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
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’’.
§ 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, § 3, Dec. 18, 2010, 124 Stat. 3347.)
HISTORICAL AND REVISION NOTES
Revised
Section
20140 ..........
Source (U.S. Code)
42 U.S.C. 2459.
Source (Statutes at Large)
Pub. L. 85–568, title III, § 310,
formerly § 307, July 29,
1958, 72 Stat. 438; Pub. L.
88–113, § 6, Sept. 6, 1963, 77
Stat.
144;
renumbered
§ 308, Pub. L. 94–464, § 3,
Oct. 8, 1976, 90 Stat. 1988;
renumbered § 309, Pub. L.
96–48, § 6(b)(1), Aug. 8, 1979,
93 Stat. 348; renumbered
§ 310, Pub. L. 106–391, title
III, § 324(a)(1), Oct. 30, 2000,
114 Stat. 1599.
§ 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 con-
Page 22
nection 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, § 3, Dec. 18, 2010, 124 Stat. 3348.)
HISTORICAL AND REVISION NOTES
Revised
Section
20141 ..........
Source (U.S. Code)
42 U.S.C. 2459b.
Source (Statutes at Large)
Pub. L. 85–568, title III, § 311,
formerly § 310, as added
Pub. L. 98–52, title I, § 107,
July 15, 1983, 97 Stat. 284;
renumbered § 311, Pub. L.
106–391, title III, § 324(a)(1),
Oct. 30, 2000, 114 Stat. 1599.
§ 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, § 3, Dec. 18, 2010, 124 Stat. 3348.)
Page 23
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
20142 ..........
Source (U.S. Code)
42 U.S.C. 2459c.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3349.)
HISTORICAL AND REVISION NOTES
Source (Statutes at Large)
Pub. L. 85–568, title III, § 312,
formerly § 311, as added
Pub. L. 100–147, title I,
§ 117, Oct. 30, 1987, 101
Stat.
867;
renumbered
§ 312, Pub. L. 106–391, title
III, § 324(a)(1), Oct. 30, 2000,
114 Stat. 1599.
Revised
Section
20143 ..........
Source (U.S. Code)
42 U.S.C. 2459f.
In subsection (a), the word ‘‘expendable’’ is substituted for ‘‘expendabe’’ to correct an error in the law.
§ 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.
§ 20144
Source (Statutes at Large)
Pub. L. 85–568, title III, § 313,
formerly § 312, as added
Pub. L. 106–377, § 1(a)(1)
[title IV, § 431], Oct. 27,
2000,
114
Stat.
1441,
1441A–56; renumbered § 313
and amended, Pub. L.
108–199, div. G, title IV,
§ 417, Jan. 23, 2004, 118
Stat. 415; Pub. L. 108–447,
div. I, title IV, § 417, Dec.
8, 2004, 118 Stat. 3339; Pub.
L. 109–155, title II, § 201,
Dec. 30, 2005, 119 Stat.
2915.
In subsection (a)(1), the words ‘‘for fiscal year 2007
and thereafter’’ are omitted as unnecessary.
NOTICE OF REPROGRAMMING OR REORGANIZATION
Pub. L. 106–391, title III, § 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.’’
§ 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
§ 20144
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
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.
Page 24
(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
$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.
THAN
(j) USE OF ADMINISTRATION
NIA.—A registered participant
NAME OR INSIGin a competition
under this section may use the Administration’s
name, initials, or insignia only after prior review and written approval by the Administration.
Page 25
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(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, § 3, Dec. 18, 2010, 124 Stat. 3350;
Pub. L. 111–358, title I, § 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,
§ 105(b), Jan. 4, 2011, 124 Stat. 3993. For applicability of this amendment to this section, see section 5(b) of Pub. L. 111–314, set out as a Transitional and Savings Provisions note preceding
section 10101 of this title. Former section 2459f–1
of Title 42 was amended by striking out ‘‘The
Administration may carry out a program to
award prizes only in conformity with this section.’’
HISTORICAL AND REVISION NOTES
Revised
Section
20144 ..........
Source (U.S. Code)
42 U.S.C. 2459f–1.
Source (Statutes at Large)
Pub. L. 85–568, title III, § 314,
as added Pub. L. 109–155,
title I, § 104, Dec. 30, 2005,
119 Stat. 2910; Pub. L.
110–422, title XI, § 1105(b),
Oct. 15, 2008, 122 Stat. 4809.
In subsection (i)(2), subparagraph (A) is added, and
the words ‘‘provisions known as the Anti-Deficiency
Act’’ are substituted for ‘‘the Anti-Deficiency Act (31
U.S.C. 1341)’’, for clarity.
In subsection (i)(4), the words ‘‘Committee on Science
and Technology’’ are substituted for ‘‘Committee on
Science’’ on authority of Rule X(1)(o) of the Rules of
the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
PURPOSE
Pub. L. 110–422, title XI, § 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.’’
§ 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
§ 20145
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:
§ 20146
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(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 10 years
after December 26, 2007. 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.
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, § 3, Dec. 18, 2010, 124 Stat. 3353.)
HISTORICAL AND REVISION NOTES
Revised
Section
20146 ..........
Source (U.S. Code)
42 U.S.C. 2459k.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3352;
Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125
Stat. 626.)
HISTORICAL AND REVISION NOTES
Revised
Section
20145 ..........
Source (U.S. Code)
42 U.S.C. 2459j.
Source (Statutes at Large)
Pub. L. 85–568, title III, § 315,
as added Pub. L. 108–7,
div. K, title IV, § 418, Feb.
20, 2003, 117 Stat. 525; Pub.
L. 110–161, div. B, title V,
§ 533(a)–(e), Dec. 26, 2007,
121 Stat. 1931; Pub. L.
110–422, title XI, § 1117(c),
(d), Oct. 15, 2008, 122 Stat.
4814.
In subsection (f)(2), the word ‘‘Administration’s’’ is
substituted for ‘‘Agency’s’’ for clarity.
In subsection (g), the words ‘‘10 years after December
26, 2007’’ are substituted for ‘‘on the date that is ten
years after the date of the enactment of the Commerce,
Justice, Science, and Related Agencies Appropriations
Act of 2008’’ for consistency and to reflect the date of
enactment of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008 (Public Law
110–161, div. B, 121 Stat. 1884).
AMENDMENTS
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. 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.
§ 20146. Retrocession of jurisdiction
(a) DEFINITION OF STATE.—In this section, the
term ‘‘State’’ means any of the several States,
Page 26
Source (Statutes at Large)
Pub. L. 85–568, title III, § 316,
as added Pub. L. 109–155,
title VII, § 701, Dec. 30,
2005, 119 Stat. 2935.
§ 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.
(b) 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, § 3, Dec. 18, 2010, 124 Stat. 3353.)
HISTORICAL AND REVISION NOTES
Revised
Section
20147 ..........
Source (U.S. Code)
42 U.S.C. 2459l.
Source (Statutes at Large)
Pub. L. 85–568, title III, § 317,
as added Pub. L. 109–155,
title VII, § 705, Dec. 30,
2005, 119 Stat. 2936.
Page 27
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
SUBCHAPTER IV—UPPER ATMOSPHERE
RESEARCH
§ 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, § 3, Dec. 18, 2010, 124 Stat. 3354.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
20163 ..........
Revised
Section
20161 ..........
Source (U.S. Code)
42 U.S.C. 2481.
Source (Statutes at Large)
42 U.S.C. 2483.
Source (Statutes at Large)
Pub. L. 85–568, title IV, § 403,
as added Pub. L. 94–39, § 8,
June 19, 1975, 89 Stat. 222.
§ 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, § 3, Dec. 18, 2010, 124 Stat. 3355.)
HISTORICAL AND REVISION NOTES
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3354.)
HISTORICAL AND REVISION NOTES
§ 20301
Revised
Section
Source (U.S. Code)
20164 ..........
Pub. L. 85–568, title IV, § 401,
as added Pub. L. 94–39, § 8,
June 19, 1975, 89 Stat. 222.
42 U.S.C. 2484.
Source (Statutes at Large)
Pub. L. 85–568, title IV, § 404,
as added Pub. L. 94–39, § 8,
June 19, 1975, 89 Stat. 223.
CHAPTER 203—RESPONSIBILITIES AND
VISION
§ 20162. Definition of upper atmosphere
Sec.
In this subchapter, the term ‘‘upper atmosphere’’ means that portion of the Earth’s sensible atmosphere above the troposphere.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3354.)
HISTORICAL AND REVISION NOTES
Revised
Section
20162 ..........
Source (U.S. Code)
42 U.S.C. 2482.
Source (Statutes at Large)
Pub. L. 85–568, title IV, § 402,
as added Pub. L. 94–39, § 8,
June 19, 1975, 89 Stat. 222.
§ 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.
20301.
20302.
20303.
20304.
20305.
General responsibilities.
Vision for space exploration.
Contribution to innovation.
Basic research enhancement.
National Academies decadal surveys.
§ 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—
§ 20302
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(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, § 3, Dec. 18, 2010, 124 Stat. 3355.)
HISTORICAL AND REVISION NOTES
Revised
Section
20301 ..........
Source (U.S. Code)
42 U.S.C. 16611(a).
Source (Statutes at Large)
Pub. L. 109–155, title I,
§ 101(a), Dec. 30, 2005, 119
Stat. 2897.
§ 20302. Vision for space exploration
(a) IN GENERAL.—The Administrator shall establish a program to develop a sustained human
presence 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) MILESTONES.—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.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3356.)
HISTORICAL AND REVISION NOTES
Revised
Section
20302 ..........
Source (U.S. Code)
42 U.S.C. 16611(b).
Source (Statutes at Large)
Pub. L. 109–155, title I,
§ 101(b), Dec. 30, 2005, 119
Stat. 2898.
§ 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 mathe-
Page 28
matics 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)) 1
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, § 3, Dec. 18, 2010, 124 Stat. 3356.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
20303(a) ......
42 U.S.C. 16611a(a).
20303(b) ......
20303(c) ......
20303(d) ......
42 U.S.C. 16611a(b).
42 U.S.C. 16611a(c).
42 U.S.C. 16611a(e).
Source (Statutes at Large)
Pub. L. 110–69, title II,
§ 2001(a), (b), (c), (e), Aug.
9, 2007, 121 Stat. 582.
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, § 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 pro1 See
References in Text note below.
Page 29
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
§ 30102
vided in title II of the America COMPETES Act (Public
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.’’
(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.
§ 20304. Basic research enhancement
CHAPTER 301—APPROPRIATIONS, BUDGETS,
AND ACCOUNTING
(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, § 3, Dec. 18, 2010, 124 Stat. 3357.)
HISTORICAL AND REVISION NOTES
Revised
Section
20304 ..........
Source (U.S. Code)
42 U.S.C. 16658.
Source (Statutes at Large)
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
20305 ..........
(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.
Source (Statutes at Large)
Pub. L. 110–422, title XI,
§ 1104, Oct. 15, 2008, 122
Stat. 4809.
IMPLEMENTATION OF DECADAL SURVEY’S RECOMMENDED
DECISION RULES
Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat.
622, provided in part: ‘‘That NASA shall implement the
recommendations of the most recent National Research
Council planetary decadal survey and shall follow the
decadal survey’s recommended decision rules regarding
program implementation, including a strict adherence
to the recommendation that NASA include in a balanced program a flagship class mission, which may be
executed in cooperation with one or more international
partners, if such mission can be appropriately descoped and all NASA costs for such mission can be accommodated within the overall funding levels appropriated by Congress’’.
Subtitle III—Administrative
Provisions
Sec.
30101.
30102.
30103.
30104.
Prior authorization of appropriations
quired.
Working capital fund.
Budgets.
Baselines and cost controls.
re-
§ 30101. Prior authorization of appropriations required
Notwithstanding the provisions of any other
law, no appropriation may be made to the Administration unless previously authorized by
legislation enacted by Congress.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357.)
HISTORICAL AND REVISION NOTES
Pub. L. 110–69, title II, § 2003,
Aug. 9, 2007, 121 Stat. 583.
§ 20305. National Academies decadal surveys
42 U.S.C. 17823.
Revised
Section
30101 ..........
Source (U.S. Code)
42 U.S.C. 2460.
Source (Statutes at Large)
Pub. L. 86–45, § 4, June 15,
1959, 73 Stat. 75.
The word ‘‘hereafter’’ is omitted as unnecessary.
§ 30102. Working capital fund
(a) ESTABLISHMENT.—There is hereby established in the United States Treasury an Administration working capital fund.
(b) AVAILABILITY OF AMOUNTS.—
§ 30103
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(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 ongoing basis from a credit card services provider under the National Aeronautics and
Space Administration’s credit card programs.
(d) REIMBURSEMENT.—The fund shall be reimbursed, in advance, for supplies and services at
rates that will approximate the expenses of operation, such as the accrual of annual leave, depreciation of plant, property, and equipment,
and overhead.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357;
Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127
Stat. 264.)
HISTORICAL AND REVISION NOTES
Revised
Section
30102 ..........
Source (U.S. Code)
42 U.S.C. 2459i.
Source (Statutes at Large)
Pub. L. 108–7, div. K, title
III, (last par. under heading ‘‘Administrative Provisions’’, at 117 Stat. 520),
Feb. 20, 2003, 117 Stat. 520.
AMENDMENTS
2013—Subsec. (c)(4). Pub. L. 113–6 added par. (4).
§ 30103. Budgets
(a) CATEGORIES.—The proposed budget for the
Administration submitted by the President for
each fiscal year shall be accompanied by documents showing—
(1) by program—
(A) the budget for space operations, including the International Space Station and
the space shuttle;
(B) the budget for exploration systems;
(C) the budget for aeronautics;
(D) the budget for space science;
Page 30
(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 REBY 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
QUEST
(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
Page 31
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(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 nonprogrammatic construction of facilities.
(C) The number of civil service full time
equivalent positions per center for each
identified fiscal year.
(D) The number of civil service full time
equivalent positions considered to be uncovered capacity at each location for each identified fiscal year.
(5) The proposed budget as designated by object class for each directorate, theme, and program.
(6) Sufficient narrative shall be provided to
explain the request for each program, project,
and activity, and an explanation for any deviation to previously adopted baselines for all
justification materials provided to the Committees.
(d) ESTIMATE OF GROSS RECEIPTS AND PROPOSED USE OF FUNDS RELATED TO LEASE OF
PROPERTY.—Each annual budget request shall
include an annual estimate of gross receipts and
collections and proposed use of all funds collected pursuant to section 20145 of this title.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3358.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30103(a) ......
42 U.S.C. 16611(h)(1).
Pub. L. 109–155, title I,
§ 101(h)(1), (i), Dec. 30, 2005,
119 Stat. 2903.
30103(b) ......
30103(c) ......
42 U.S.C. 16611(i).
42 U.S.C. 16611b.
30103(d) ......
42 U.S.C. 16611b
note.
Pub. L. 110–161, div. B, title
III, (7th par. under heading ‘‘Administrative Provisions’’, at 121 Stat. 1919),
Dec. 26, 2007, 121 Stat.
1919.
Pub. L. 111–8, div. B, title
III, (3d proviso in par.
under
heading
‘‘Cross
Agency Support’’, at 123
Stat. 589), Mar. 11, 2009,
123 Stat. 589.
In subsection (a)(5), the source law’s reference to
‘‘section 104’’ of the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law
109–155, 119 Stat. 2910) is translated as ‘‘section 20144’’ of
title 51. Section 104 of the National Aeronautics and
Space Administration Authorization Act of 2005 amended the National Aeronautics and Space Act of 1958
(Public Law 85–568, 72 Stat. 426) by inserting a new section 314, which is restated as section 20144 of title 51.
In subsection (b), in the matter before paragraph (1),
the words ‘‘Committee on Science and Technology’’ are
substituted for ‘‘Committee on Science’’ on authority
of Rule X(1)(o) of the Rules of the House of Representa-
§ 30104
tives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
In subsection (c), in the matter before paragraph (1),
the words ‘‘For fiscal year 2009 and hereafter’’ are omitted as unnecessary.
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
ESTIMATES OF RECEIPTS AND COLLECTIONS AND PROPOSED USE OF FUNDS FROM LEASES OF NON-EXCESS
PROPERTY
Pub. L. 113–235, div. B, title III, Dec. 16, 2014, 128 Stat.
2203, 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. 113–76, div. B, title III, Jan. 17, 2014, 128 Stat.
72.
Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat.
263.
Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat.
625.
Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat.
3144.
TRANSMISSION OF BUDGET ESTIMATES
Pub. L. 102–588, title II, § 210, Nov. 4, 1992, 106 Stat.
5115, provided that: ‘‘The Administrator [of the National Aeronautics and Space Administration] shall, at
the time of submission of the President’s annual budget, transmit to the Congress—
‘‘(1) a five-year budget detailing the estimated development costs for each individual program under
the jurisdiction of the National Aeronautics and
Space Administration for which development costs
are expected to exceed $200,000,000; and
‘‘(2) an estimate of the life-cycle costs associated
with each such program.’’
Similar provisions were contained in the following
prior appropriation authorization act:
Pub. L. 102–195, § 11, Dec. 9, 1991, 105 Stat. 1612.
§ 30104. Baselines and cost controls
(a) DEFINITIONS.—In this section:
(1) DEVELOPMENT.—The term ‘‘development’’
means the phase of a program following the
formulation phase and beginning with the approval to proceed to implementation, as defined in the Administration’s Procedural Requirements 7120.5c, dated March 22, 2005.
(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 re-
§ 30104
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
gard 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 lifecycle 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
Page 32
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—
Page 33
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(i) the projected cost and schedule for
completing the program if current requirements of the program are not modified;
(ii) the projected cost and the schedule
for completing the program after instituting the actions described under subparagraph (A)(ii); and
(iii) a description of, and the projected
cost and schedule for, a broad range of alternatives to the program.
(2) COMPLETION OF ANALYSIS AND TRANSMITTAL TO COMMITTEES.—The Administration shall
complete an analysis initiated under paragraph (1)(B) not later than 6 months after the
Administrator makes a determination under
this subsection. The Administrator shall
transmit the analysis to the Committee on
Science and Technology of the House of Representatives and Committee on Commerce,
Science, and Transportation of the Senate not
later than 30 days after its completion.
(f) THIRTY PERCENT THRESHOLD.—If the Administrator determines under subsection (e)
that the development cost of a program will exceed the estimate provided in the Baseline Report of the program by more than 30 percent,
then, beginning 18 months after the date the Administrator transmits a report under subsection
(e)(1)(A), the Administrator shall not expend
any additional funds on the program, other than
termination costs, unless Congress has subsequently authorized continuation of the program
by law. An appropriation for the specific program enacted subsequent to a report being
transmitted shall be considered an authorization for purposes of this subsection. If the program is continued, the Administrator shall submit a new Baseline Report for the program no
later than 90 days after the date of enactment of
the Act under which Congress has authorized
continuation of the program.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3360.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
30104 ..........
42 U.S.C. 16613.
Source (Statutes at Large)
Pub. L. 109–155, title I, § 103,
Dec. 30, 2005, 119 Stat.
2907.
In subsections (b)(2), (c)(1), (d)(3), and (e)(1)(A), (2),
the words ‘‘Committee on Science and Technology’’ are
substituted for ‘‘Committee on Science’’ on authority
of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
CHAPTER 303—CONTRACTING AND
PROCUREMENT
Sec.
30301.
30302.
30303.
30304.
Guaranteed customer base.
Quality assurance personnel.
Tracking and data relay satellite services.
Award of contracts to small businesses and
disadvantaged individuals.
§ 30303
Sec.
30305.
30306.
30307.
30308.
30309.
30310.
Outreach program.
Small business contracting.
Requirement for independent cost analysis.
Cost effectiveness calculations.
Use of abandoned and underutilized buildings,
grounds, and facilities.
Exception to alternative fuel procurement requirement.
§ 30301. Guaranteed customer base
No amount appropriated to the Administration may be used to fund grants, contracts, or
other agreements with an expected duration of
more than one year, when a primary effect of
the grant, contract, or agreement is to provide
a guaranteed customer base for or establish an
anchor tenancy in new commercial space hardware or services unless an appropriations Act
specifies the new commercial space hardware or
services to be developed or used, or the grant,
contract, or agreement is otherwise identified in
such Act.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3363.)
HISTORICAL AND REVISION NOTES
Revised
Section
30301 ..........
Source (U.S. Code)
42 U.S.C. 2459d.
Source (Statutes at Large)
Pub. L. 102–139, title III, (1st
par. under heading ‘‘Administrative Provisions’’,
at 105 Stat. 771), Oct. 28,
1991, 105 Stat. 771.
The words ‘‘in this or any other Act with respect to
any fiscal year’’ are omitted as unnecessary.
§ 30302. Quality assurance personnel
(a) EXCLUSION OF ADMINISTRATION PERSONperson 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.
NEL.—A
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3363.)
HISTORICAL AND REVISION NOTES
Revised
Section
30302 ..........
Source (U.S. Code)
42 U.S.C. 2459e.
Source (Statutes at Large)
Pub. L. 102–195, § 19, Dec. 9,
1991, 105 Stat. 1615.
In subsection (a), the date ‘‘December 9, 1991’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enactment of the National Aeronautics
and Space Administration Authorization Act, Fiscal
Year 1992 (Public Law 102–195, 105 Stat. 1605).
In subsection (a), the words ‘‘that has been submitted
to Congress as provided’’ are substituted for ‘‘described’’ for clarity.
§ 30303. Tracking and data relay satellite services
(a) CONTRACTS.—The Administration is authorized, when so provided in an appropriation
§ 30304
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
Act, to enter into and to maintain a contract for
tracking and data relay satellite services. Such
services shall be furnished to the Administration in accordance with applicable authorization
and appropriations Acts. The Government shall
incur no costs under such contract prior to the
furnishing of such services except that the contract may provide for the payment for contingent liability of the Government which may accrue in the event the Government should decide
for its convenience to terminate the contract
before the end of the period of the contract. Facilities which may be required in the performance of the contract may be constructed on Government-owned lands if there is included in the
contract a provision under which the Government may acquire title to the facilities, under
terms and conditions agreed upon in the contract, upon termination of the contract.
(b) REPORTS TO CONGRESS.—The Administrator
shall in January of each year report to the Committee on Science and Technology and the Committee on Appropriations of the House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee
on Appropriations of the Senate the projected
aggregate contingent liability of the Government under termination provisions of any contract authorized in this section through the next
fiscal year. The authority of the Administration
to enter into and to maintain the contract authorized hereunder shall remain in effect unless
repealed by legislation enacted by Congress.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3363.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
30303(a) ......
42 U.S.C. 2463 (1st
par.).
30303(b) ......
42 U.S.C. 2463 (last
par.).
Source (Statutes at Large)
Pub. L. 95–76, § 6, July 30,
1977, 91 Stat. 315; Pub. L.
103–437, § 15(c)(3), Nov. 2,
1994, 108 Stat. 4592.
In subsection (b), the words ‘‘Committee on Science
and Technology’’ are substituted for ‘‘Committee on
Science, Space, and Technology’’ on authority of section 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec.
21), Rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(o) of the Rules of
the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
In subsection (b), the word ‘‘hereafter’’ is omitted as
unnecessary.
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
§ 30304. Award of contracts to small businesses
and disadvantaged individuals
The Administrator shall annually establish a
goal of at least 8 percent of the total value of
prime and subcontracts awarded in support of
authorized programs, including the space station by the time operational status is obtained,
which funds will be made available to small
business concerns or other organizations owned
or controlled by socially and economically dis-
Page 34
advantaged 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 Hawaiianserving institutions (as defined in section
317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and
minority educational institutions (as defined by
the Secretary of Education pursuant to the General Education Provisions Act (20 U.S.C. 1221 et
seq.)).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3364.)
HISTORICAL AND REVISION NOTES
Revised
Section
30304 ..........
Source (U.S. Code)
42 U.S.C. 2473b (1st
par.).
Source (Statutes at Large)
Pub. L. 101–144, title III, (1st
par. under heading ‘‘Small
and Disadvantaged Business’’, at 103 Stat. 863),
Nov. 9, 1989, 103 Stat. 863;
Pub. L. 109–155, title VI,
§ 611, Dec. 30, 2005, 119
Stat. 2932.
The word ‘‘Alaska’’ is substituted for ‘‘Alaskan’’ in
the phrase ‘‘Alaska Native-serving institutions (as defined in section 317(b)(2) of that Act (20 U.S.C.
1059d(b)(2)))’’ for consistency with the term defined in
section 317(b)(2) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b)(2)).
REFERENCES IN TEXT
The General Education Provisions Act, referred to in
text, is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat.
814, which is classified generally to chapter 31 (§ 1221 et
seq.) of Title 20, Education. For complete classification
of this Act to the Code, see section 1221 of Title 20 and
Tables.
§ 30305. Outreach program
(a) ESTABLISHMENT.—The Administration shall
competitively select an organization to partner
with Administration centers, aerospace contractors, and academic institutions to carry out a
program to help promote the competitiveness of
small, minority-owned, and women-owned businesses in communities across the United States
through enhanced insight into the technologies
of the Administration’s space and aeronautics
programs. The program shall support the mission of the Administration’s Innovative Partnerships Program with its emphasis on joint partnerships with industry, academia, government
agencies, and national laboratories.
(b) PROGRAM STRUCTURE.—In carrying out the
program described in subsection (a), the organization shall support the mission of the Administration’s Innovative Partnerships Program by
undertaking the following activities:
(1) FACILITATING ENHANCED INSIGHT.—Facilitating the enhanced insight of the private sector into the Administration’s technologies in
order to increase the competitiveness of the
private sector in producing viable commercial
products.
Page 35
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(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.
§ 30308
developed in conjunction with the Small Business Administration to maximize the amount of
prime contracts, as measured in dollars, awarded in each fiscal year by the Administration to
small business concerns (within the meaning
given that term in section 3 of the Small Business Act (15 U.S.C. 632)).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3365.)
HISTORICAL AND REVISION NOTES
Revised
Section
30306 ..........
Source (U.S. Code)
42 U.S.C. 16821.
Source (Statutes at Large)
Pub. L. 109–155, title VII,
§ 707, Dec. 30, 2005, 119
Stat. 2937.
§ 30307. Requirement for independent cost analysis
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3364.)
(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.
HISTORICAL AND REVISION NOTES
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3365.)
Revised
Section
30305 ..........
HISTORICAL AND REVISION NOTES
Source (U.S. Code)
42 U.S.C. 17824.
Source (Statutes at Large)
Pub. L. 110–422, title XI,
§ 1107, Oct. 15, 2008, 122
Stat. 4810.
In subsection (c), in the matter before paragraph (1),
the date ‘‘October 15, 2008’’ is substituted for ‘‘the date
of enactment of this Act’’ to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2008.
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
§ 30306. Small business contracting
(a) PLAN.—In consultation with the Small
Business Administration, the Administrator
shall develop a plan to maximize the number
and amount of contracts awarded to small business concerns (within the meaning given that
term in section 3 of the Small Business Act (15
U.S.C. 632)) and to meet established contracting
goals for such concerns.
(b) PRIORITY.—The Administrator shall establish as a priority meeting the contracting goals
Revised
Section
30307 ..........
Source (U.S. Code)
42 U.S.C. 2459g.
Source (Statutes at Large)
Pub. L. 106–391, title III,
§ 301, Oct. 30, 2000, 114
Stat. 1591; Pub. L. 109–155,
title VII, § 704, Dec. 30,
2005, 119 Stat. 2936.
In subsection (b), in the first sentence, the words
‘‘the Administrator shall conduct’’ are substituted for
‘‘the Administrator for the National Aeronautics and
Space Administration shall conduct’’ to eliminate unnecessary words.
In subsection (b), in the last sentence, the word ‘‘experts’’ is substituted for ‘‘expertise’’ for clarity.
§ 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 spacerelated 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 North-
§ 30309
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
ern Mariana Islands, and any other commonwealth, territory, or possession of the United
States.
(b) IN GENERAL.—Except as otherwise required
by law, in calculating the cost effectiveness of
the cost of the Administration engaging in an
activity as compared to a commercial provider,
the Administrator shall compare the cost of the
Administration engaging in the activity using
full cost accounting principles with the price
the commercial provider will charge for such activity.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.)
HISTORICAL AND REVISION NOTES
Revised
Section
30308(a) ......
30308(b) ......
Source (U.S. Code)
(no source)
42 U.S.C. 2459h.
Source (Statutes at Large)
Pub. L. 106–391, title III,
§ 304, Oct. 30, 2000, 114
Stat. 1592.
In subsection (a), definitions of ‘‘commercial provider’’ and ‘‘State’’ are added to carry forward the appropriate definitions from section 3 of the National
Aeronautics and Space Administration Authorization
Act of 2000 (Public Law 106–391, 114 Stat. 1579, 1580).
§ 30309. Use of abandoned and underutilized
buildings, grounds, and facilities
(a) DEFINITION OF DEPRESSED COMMUNITIES.—In
this section, the term ‘‘depressed communities’’
means rural and urban communities that are
relatively depressed, in terms of age of housing,
extent of poverty, growth of per capita income,
extent of unemployment, job lag, or surplus
labor.
(b) IN GENERAL.—In any case in which the Administrator considers the purchase, lease, or expansion of a facility to meet requirements of the
Administration, the Administrator shall consider whether those requirements could be met
by the use of one of the following:
(1) Abandoned or underutilized buildings,
grounds, and facilities in depressed communities that can be converted to Administration
usage at a reasonable cost, as determined by
the Administrator.
(2) Any military installation that is closed
or being closed, or any facility at such an installation.
(3) Any other facility or part of a facility
that the Administrator determines to be—
(A) owned or leased by the United States
for the use of another agency of the Federal
Government; and
(B) considered by the head of the agency
involved to be—
(i) excess to the needs of that agency; or
(ii) underutilized by that agency.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.)
HISTORICAL AND REVISION NOTES
Revised
Section
30309 ..........
Source (U.S. Code)
42 U.S.C. 2473d.
Source (Statutes at Large)
Pub. L. 106–391, title III,
§ 325, Oct. 30, 2000, 114
Stat. 1600.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the following prior appropriation authorization act:
Page 36
Pub. L. 102–588, title II, § 220, Nov. 4, 1992, 106 Stat.
5118.
§ 30310. Exception to alternative fuel procurement requirement
Section 526(a) 1 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17142(a)) does
not prohibit the Administration from entering
into a contract to purchase a generally available
fuel that is not an alternative or synthetic fuel
or predominantly produced from a nonconventional petroleum source, if—
(1) the contract does not specifically require
the contractor to provide an alternative or
synthetic fuel or fuel from a nonconventional
petroleum source;
(2) the purpose of the contract is not to obtain an alternative or synthetic fuel or fuel
from a nonconventional petroleum source; and
(3) the contract does not provide incentives
for a refinery upgrade or expansion to allow a
refinery to use or increase its use of fuel from
a nonconventional petroleum source.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
30310 ..........
42 U.S.C. 17827.
Source (Statutes at Large)
Pub. L. 110–422, title XI,
§ 1112, Oct. 15, 2008, 122
Stat. 4811.
REFERENCES IN TEXT
Section 526(a) of the Energy Independence and Security Act of 2007, referred to in text, probably means section 526 of Pub. L. 110–140, which is classified to section
17142 of Title 42, The Public Health and Welfare, but
does not contain subsecs.
CHAPTER 305—MANAGEMENT AND REVIEW
Sec.
30501.
30502.
30503.
30504.
Lessons learned and best practices.
Whistleblower protection.
Performance assessments.
Assessment of science mission extensions.
ASSESSMENT OF IMPEDIMENTS TO SPACE SCIENCE AND
ENGINEERING WORKFORCE DEVELOPMENT FOR MINORITY AND UNDERREPRESENTED GROUPS AT NASA
Pub. L. 111–358, title II, § 203, Jan. 4, 2011, 124 Stat.
3994, provided that:
‘‘(a) ASSESSMENT.—The Administrator [of NASA]
shall enter into an arrangement for an independent assessment of any impediments to space science and engineering workforce development for minority and underrepresented groups at NASA [National Aeronautics and
Space Administration], including recommendations
on—
‘‘(1) measures to address such impediments;
‘‘(2) opportunities for augmenting the impact of
space science and engineering workforce development
activities and for expanding proven, effective programs; and
‘‘(3) best practices and lessons learned, as identified
through the assessment, to help maximize the effectiveness of existing and future programs to increase
the participation of minority and underrepresented
groups in the space science and engineering workforce at NASA.
‘‘(b) REPORT.—A report on the assessment carried out
under subsection (a) shall be transmitted to the House
of Representatives Committee on Science and Tech1 See
References in Text note below.
Page 37
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
nology [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
§ 30310
new aspects of my Administration’s plan together will
create thousands of new jobs in Florida, past decisions
to end the Space Shuttle program will still affect families and communities along Florida’s ‘‘Space Coast.’’
Building on this significant new investment at the
Kennedy Space Center and my increased budget for
NASA overall, I am committed to taking additional
steps to help local economies like Florida’s Space
Coast adapt and thrive in the years ahead. The men and
women who work in Florida’s aerospace industry are
some of the most talented and highly trained in the Nation. It is critical that their skills are tapped as we
transform and expand the country’s space exploration
efforts. That is why I am launching a $40 million,
multi-agency initiative to help the Space Coast transform their economies and prepare their workers for the
opportunities of tomorrow. This effort will build on and
complement ongoing local and Federal economic and
workforce-development efforts through a Task Force
composed of senior-level Administration officials from
relevant agencies that will construct an economic development action plan by August 15, 2010.
To these ends, I hereby direct the following:
SECTION 1. Establishment of the Task Force on Space Industry Workforce and Economic Development. There is established a Task Force on Space Industry Workforce
and Economic Development (Task Force) to develop, in
collaboration with local stakeholders, an interagency
action plan to facilitate economic development strategies and plans along the Space Coast and to provide
training and other opportunities for affected aerospace
workers so they are equipped to contribute to new developments in America’s space program and related industries. The Secretary of Commerce and the Administrator of NASA shall serve as Co-Chairs of the Task
Force.
(a) Membership of the Task Force. In addition to the
Co-Chairs, the Task Force shall consist of the following
members:
(i) the Secretary of Defense;
(ii) the Secretary of Labor;
(iii) the Secretary of Housing and Urban Development;
(iv) the Secretary of Transportation;
(v) the Secretary of Education;
(vi) the Chair of the Council of Economic Advisers;
(vii) the Director of the Office of Management and
Budget;
(viii) the Administrator of the Small Business Administration;
(ix) the Director of National Intelligence;
(x) the Director of the Office of Science and Technology Policy;
(xi) the Director of the National Economic Council;
and
(xii) the heads of such other executive departments,
agencies, and offices as the President may, from time
to time, designate.
A member of the Task Force may designate, to perform the Task Force functions of the member, a seniorlevel 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
§ 30501
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
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.
Page 38
§ 30501. Lessons learned and best practices
(a) IN GENERAL.—The Administrator shall
transmit to the Committee on Science and
Technology of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate an implementation plan describing the Administration’s approach for obtaining, implementing, and sharing
lessons learned and best practices for its major
programs and projects not later than 180 days
after December 30, 2005. The implementation
plan shall be updated and maintained to ensure
that it is current and consistent with the burgeoning culture of learning and safety that is
emerging at the Administration.
(b) REQUIRED CONTENT.—The implementation
plan shall contain at a minimum the lessons
learned and best practices requirements for the
Administration, the organizations or positions
responsible for enforcement of the requirements,
the reporting structure, and the objective performance measures indicating the effectiveness
of the activity.
(c) INCENTIVES.—The Administrator shall provide incentives to encourage sharing and implementation of lessons learned and best practices
by employees, projects, and programs, as well as
penalties for programs and projects that are determined not to have demonstrated use of those
resources.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3367.)
HISTORICAL AND REVISION NOTES
Revised
Section
30501 ..........
Source (U.S. Code)
42 U.S.C. 16615.
Source (Statutes at Large)
Pub. L. 109–155, title I, § 107,
Dec. 30, 2005, 119 Stat.
2912.
In subsection (a), the words ‘‘Committee on Science
and Technology’’ are substituted for ‘‘Committee on
Science’’ on authority of Rule X(1)(o) of the Rules of
the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
In subsection (a), the date ‘‘December 30, 2005’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enactment of the National Aeronautics
and Space Administration Authorization Act of 2005
(Public Law 109–155, 119 Stat. 2895).
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
§ 30502. Whistleblower protection
(a) IN GENERAL.—Not later than 1 year after
December 30, 2005, the Administrator shall
transmit to the Committee on Science and
Technology of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate a plan describing
steps to be taken by the Administration to protect from retaliation Administration employees
who raise concerns about substantial and specific dangers to public health and safety or
about substantial and specific factors that could
threaten the success of a mission. The plan shall
be designed to ensure that Administration employees have the full protection required by law.
Page 39
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
The Administrator shall implement the plan not
more than 1 year after its transmittal.
(b) GOAL.—The Administrator shall ensure
that the plan describes a system that will protect employees who wish to raise or have raised
concerns described in subsection (a).
(c) PLAN.—At a minimum, the plan shall include, consistent with Federal law—
(1) a reporting structure that ensures that
the officials who are the subject of a whistleblower’s complaint will not learn the identity
of the whistleblower;
(2) a single point to which all complaints can
be made without fear of retribution;
(3) procedures to enable the whistleblower to
track the status of the case;
(4) activities to educate employees about
their rights as whistleblowers and how they
are protected by law;
(5) activities to educate employees about
their obligations to report concerns and their
accountability before and after receiving the
results of the investigations into their concerns; and
(6) activities to educate all appropriate Administration Human Resources professionals,
and all Administration managers and supervisors, regarding personnel laws, rules, and
regulations.
(d) REPORT.—Not later than February 15 of
each year beginning February 15, 2007, the Administrator shall transmit a report to the Committee on Science and Technology of the House
of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the concerns described in subsection (a)
that were raised during the previous fiscal year.
At a minimum, the report shall provide—
(1) the number of concerns that were raised,
divided into the categories of safety and
health, mission assurance, and mismanagement, and the disposition of those concerns,
including whether any employee was disciplined as a result of a concern having been
raised; and
(2) any recommendations for reforms to further prevent retribution against employees
who raise concerns.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3367.)
HISTORICAL AND REVISION NOTES
Revised
Section
30502 ..........
Source (U.S. Code)
42 U.S.C. 16618.
Source (Statutes at Large)
Pub. L. 109–155, title I, § 110,
Dec. 30, 2005, 119 Stat.
2914.
In subsection (a), the date ‘‘December 30, 2005’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enactment of the National Aeronautics
and Space Administration Authorization Act of 2005
(Public Law 109–155, 119 Stat. 2895).
In subsections (a) and (d), the words ‘‘Committee on
Science and Technology’’ are substituted for ‘‘Committee on Science’’ on authority of Rule X(1)(o) of the
Rules of the House of Representatives, adopted by
House Resolution No. 6 (110th Congress, January 5,
2007).
In subsection (d), the words ‘‘Not later than February
15 of each year beginning February 15, 2007’’ are substituted for ‘‘Not later than February 15 of each year
beginning with the year after the date of enactment of
this Act’’ for clarity.
§ 30504
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
§ 30503. Performance assessments
(a) IN GENERAL.—The performance of each division in the Science directorate of the Administration shall be reviewed and assessed by the
National Academy of Sciences at 5-year intervals.
(b) TIMING.—Beginning with the first fiscal
year following December 30, 2005, the Administrator shall select at least one division for review under this section. The Administrator shall
select divisions so that all disciplines will have
received their first review within 6 fiscal years
of December 30, 2005.
(c) REPORTS.—Not later than March 1 of each
year, beginning with the first fiscal year after
December 30, 2005, the Administrator shall
transmit a report to the Committee on Science
and Technology of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate—
(1) setting forth in detail the results of any
external review under subsection (a);
(2) setting forth in detail actions taken by
the Administration in response to any external review; and
(3) including a summary of findings and recommendations from any other relevant external reviews of the Administration’s science
mission priorities and programs.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3368.)
HISTORICAL AND REVISION NOTES
Revised
Section
30503 ..........
Source (U.S. Code)
42 U.S.C. 16651.
Source (Statutes at Large)
Pub. L. 109–155, title III,
§ 301, Dec. 30, 2005, 119
Stat. 2916.
In subsections (b) and (c), the date ‘‘December 30,
2005’’ is substituted for ‘‘the date of enactment of this
Act’’ to reflect the date of enactment of the National
Aeronautics and Space Administration Authorization
Act of 2005 (Public Law 109–155, 119 Stat. 2895).
In subsection (c), the words ‘‘Committee on Science
and Technology’’ are substituted for ‘‘Committee on
Science’’ on authority of Rule X(1)(o) of the Rules of
the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
§ 30504. Assessment of science mission extensions
(a) 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 MIS-
§ 30701
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
SIONS.—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.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3369.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
30504(a) ......
42 U.S.C. 16654(a)
(matter before
par. (1)).
30504(b) ......
42 U.S.C. 16654(a)(2).
Source (Statutes at Large)
Pub. L. 109–155, title III,
§ 304(a) (matter before par.
(1)), (2), Dec. 30, 2005, 119
Stat. 2918.
In subsection (a), the words ‘‘In addition—’’ are omitted as unnecessary.
CHAPTER 307—INTERNATIONAL
COOPERATION AND COMPETITION
Sec.
30701.
30702.
30703.
30704.
Competitiveness and international cooperation.
Foreign contract limitation.
Foreign launch vehicles.
Offshore performance of contracts for the procurement of goods and services.
§ 30701. Competitiveness and international cooperation
(a) LIMITATION.—
(1) SOLICITATION OF COMMENT.—As part of the
evaluation of the costs and benefits of entering into an obligation to conduct a space mission in which a foreign entity will participate
as a supplier of the spacecraft, spacecraft system, or launch system, the Administrator
shall solicit comment on the potential impact
of such participation through notice published
in Commerce Business Daily at least 45 days
before entering into such an obligation.
(2) AGREEMENTS WITH PEOPLE’S REPUBLIC OF
CHINA.—The Administrator shall certify to
Congress at least 15 days in advance of any cooperative agreement with the People’s Republic of China, or any company owned by the
People’s Republic of China or incorporated
under the laws of the People’s Republic of
China, involving spacecraft, spacecraft systems, launch systems, or scientific or technical information, that—
(A) the agreement is not detrimental to
the United States space launch industry; and
(B) the agreement, including any indirect
technical benefit that could be derived from
the agreement, will not improve the missile
or space launch capabilities of the People’s
Republic of China.
(3) ANNUAL AUDIT.—The Inspector General of
the Administration, in consultation with appropriate agencies, shall conduct an annual
audit of the policies and procedures of the Administration with respect to the export of
technologies and the transfer of scientific and
technical information, to assess the extent to
which the Administration is carrying out its
activities in compliance with Federal export
control laws and with paragraph (2).
(b) NATIONAL INTERESTS.—
Page 40
(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;
Page 41
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(C) is consistent with the need for Federal
agencies to use space to complete their missions; and
(D) is carried out in a manner consistent
with United States export control laws.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3369.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
30701(a) ......
42 U.S.C. 2475a(a).
30701(b)(1) ..
30701(b)(2) ..
30701(b)(3) ..
(no source)
42 U.S.C. 2475a(b).
(no source)
Source (Statutes at Large)
Pub. L. 106–391, title I, § 126,
Oct. 30, 2000, 114 Stat. 1585.
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 legallybinding 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
§ 30703
congressional committees regular, detailed updates
on the negotiation of a non-legally binding international agreement concerning an International
Code of Conduct for Outer Space Activities or any
similar agreement.
‘‘(B) TERMINATION OF REQUIREMENT.—The requirement to provide regular briefings under subparagraph (A) shall terminate on the date on which the
United States becomes a signatory to an agreement
referred to in subparagraph (A), or on the date on
which the President certifies to Congress that the
United States is no longer negotiating an agreement referred to in subparagraph (A), whichever is
earlier.
‘‘(3) NOTIFICATIONS.—If the United States becomes a
signatory to a non-legally binding international
agreement concerning an International Code of Conduct for Outer Space Activities or any similar agreement, not less than 60 days prior to any action that
will obligate the United States to reduce or limit the
Armed Forces or armaments or activities of the
United States in outer space, the head of each Department or agency of the Federal Government that
is affected by such action shall submit to Congress
notice of such action and the effect of such action on
such Department or agency.
‘‘(4) DEFINITION.—In this subsection, the term ‘covered congressional committees’ means—
‘‘(A) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
‘‘(B) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.’’
§ 30702. Foreign contract limitation
The Administration shall not enter into any
agreement or contract with a foreign government that grants the foreign government the
right to recover profit in the event that the
agreement or contract is terminated.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.)
HISTORICAL AND REVISION NOTES
Revised
Section
30702 ..........
Source (U.S. Code)
42 U.S.C. 2475b.
Source (Statutes at Large)
Pub. L. 106–391, title III,
§ 305, Oct. 30, 2000, 114
Stat. 1592.
§ 30703. Foreign launch vehicles
(a) ACCORD WITH SPACE TRANSPORTATION POLICY.—The Administration shall not launch a
payload on a foreign launch vehicle except in accordance with the Space Transportation Policy
announced by the President on December 21,
2004. This subsection shall not be construed to
prevent the President from waiving the Space
Transportation Policy.
(b) INTERAGENCY COORDINATION.—The Administration shall not launch a payload on a foreign
launch vehicle unless the Administration commenced the interagency coordination required
by the Space Transportation Policy announced
by the President on December 21, 2004, at least
90 days before entering into a development contract for the payload.
(c) APPLICATION.—This section shall not apply
to any payload for which development has begun
prior to December 30, 2005, including the James
Webb Space Telescope.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.)
§ 30704
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
30703 ..........
42 U.S.C. 16614.
Source (Statutes at Large)
Pub. L. 109–155, title I, § 105,
Dec. 30, 2005, 119 Stat.
2912.
In subsection (c), the date ‘‘December 30, 2005’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enactment of the National Aeronautics
and Space Administration Authorization Act of 2005
(Public Law 109–155, 119 Stat. 2895).
§ 30704. Offshore performance of contracts for
the procurement of goods and services
The Administrator shall submit to Congress,
not later than 120 days after the end of each fiscal year, a report on the contracts and subcontracts performed overseas and the amount of
purchases directly or indirectly by the Administration from foreign entities in that fiscal year.
The report shall separately indicate—
(1) the contracts and subcontracts and their
dollar values for which the Administrator determines that essential goods or services
under the contract are available only from a
source outside the United States; and
(2) the items and their dollar values for
which the Buy American Act (41 U.S.C. 10a et
seq.) 1 was waived pursuant to obligations of
the United States under international agreements.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
30704 ..........
42 U.S.C. 16823.
Source (Statutes at Large)
Pub. L. 109–155, title VII,
§ 709, Dec. 30, 2005, 119
Stat. 2938.
In the matter before paragraph (1), the words ‘‘beginning with the first fiscal year after the date of enactment of this Act [December 30, 2005]’’ are omitted as
obsolete.
REFERENCES IN TEXT
The Buy American Act, referred to in par. (2), is title
III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was
classified generally to sections 10a, 10b, and 10c of
former Title 41, Public Contracts, and was substantially repealed and restated in chapter 83 (§ 8301 et seq.)
of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3,
7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of
1933 Act note set out under section 101 of Title 41 and
Tables. For disposition of sections of former Title 41,
see Disposition Table preceding section 101 of Title 41.
CHAPTER 309—AWARDS
Sec.
30901.
30902.
Congressional Space Medal of Honor.
Charles ‘‘Pete’’ Conrad Astronomy Awards.
§ 30901. Congressional Space Medal of Honor
(a) AUTHORITY TO AWARD.—The President may
award, and present in the name of Congress, a
medal of appropriate design, which shall be
known as the Congressional Space Medal of
Honor, to any astronaut who in the performance
of the astronaut’s duties has distinguished him1 See
References in Text note below.
Page 42
self or herself by exceptionally meritorious efforts and contributions to the welfare of the Nation and of humankind.
(b) APPROPRIATIONS.—There is authorized to be
appropriated from time to time such sums of
money as may be necessary to carry out the purposes of this section.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.)
HISTORICAL AND REVISION NOTES
Revised
Section
30901(a) ......
30901(b) ......
Source (U.S. Code)
42 U.S.C. 2461 (1st
par.).
42 U.S.C. 2461 (last
par.).
§ 30902. Charles
Awards
‘‘Pete’’
Source (Statutes at Large)
Pub. L. 91–76,
1969, 83 Stat.
Pub. L. 91–76,
1969, 83 Stat.
Conrad
§ 1, Sept. 29,
124.
§ 2, Sept. 29,
124.
Astronomy
(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 ‘‘nearEarth 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.
Page 43
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
§ 31102
(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.
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.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3372.)
(e) ANNUAL REPORT.—The Panel shall submit
an annual report to the Administrator and to
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.
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
30902 ..........
42 U.S.C. 16792.
Source (Statutes at Large)
Pub. L. 109–155, title VI,
§ 613, Dec. 30, 2005, 119
Stat. 2932.
CHAPTER 311—SAFETY
Sec.
31101.
31102.
Aerospace Safety Advisory Panel.
Drug and alcohol testing.
§ 31101. Aerospace Safety Advisory Panel
(a) ESTABLISHMENT AND MEMBERS.—There is
established an Aerospace Safety Advisory Panel
consisting of a maximum of 9 members who
shall be appointed by the Administrator for
terms of 6 years each. Not more than 4 such
members shall be chosen from among the officers and employees of the Administration.
(b) CHAIRMAN.—One member shall be designated by the Panel as its Chairman.
(c) DUTIES.—The Panel shall—
(1) review safety studies and operations
plans referred to it, including evaluating the
Administration’s compliance with the returnto-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
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3373.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
31101(a) ......
42 U.S.C. 2477(a)
(1st, last sentences).
31101(b) ......
42 U.S.C. 2477(a) (3d
sentence).
42 U.S.C. 2477(a) (2d
sentence).
42 U.S.C. 2477(a)
(4th, 5th sentences).
42 U.S.C. 2477(b).
31101(c) ......
31101(d) ......
31101(e) ......
Source (Statutes at Large)
Pub. L. 90–67, § 6, Aug. 21,
1967, 81 Stat. 170; Pub. L.
94–307, § 8, June 4, 1976, 90
Stat. 681; Pub. L. 99–234,
title I, § 107(f), Jan. 2, 1986,
99 Stat. 1759; Pub. L.
109–155, title I, § 106, Dec.
30, 2005, 119 Stat. 2912.
In subsection (d)(1)(B), the words ‘‘maximum rate
payable under section 5376 of title 5’’ are substituted
for ‘‘rate for GS–18’’ because of section 101(c) of the
Federal Employees Pay Comparability Act of 1990 (Public Law 101–509, 5 U.S.C. 5376 note).
In subsection (e), the date ‘‘December 30, 2005’’ is substituted for ‘‘the date of enactment of the National
Aeronautics and Space Administration Authorization
Act of 2005’’ to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
§ 31102. Drug and alcohol testing
(a) DEFINITION OF CONTROLLED SUBSTANCE.—In
this section, the term ‘‘controlled substance’’
means any substance under section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6))
specified by the Administrator.
(b) TESTING PROGRAM.—
(1) EMPLOYEES OF ADMINISTRATION.—The Administrator shall establish a program applicable to employees of the Administration whose
duties include responsibility for safety-sensitive, security, or national security functions. Such program shall provide for preemployment, reasonable suspicion, random,
and post-accident testing for use, in violation
of applicable law or Federal regulation, of alcohol or a controlled substance. The Administrator may also prescribe regulations, as the
Administrator considers appropriate in the interest of safety, security, and national security, for the conduct of periodic recurring testing of such employees for such use in violation
of applicable law or Federal regulation.
§ 31102
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(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 safetysensitive, 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
Page 44
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
Page 45
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
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.
‘‘(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.
31302.
Healthcare program.
Astronaut healthcare survey.
§ 31301. Healthcare program
The Administrator shall develop a plan to better understand the longitudinal health effects of
space flight on humans. In the development of
the plan, the Administrator shall consider the
need for the establishment of a lifetime healthcare program for Administration astronauts and
their families or other methods to obtain needed
health data from astronauts and retired astronauts.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3376.)
HISTORICAL AND REVISION NOTES
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3374.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
31102(a) ......
42 U.S.C. 2473c(h).
31102(b) ......
31102(c) ......
31102(d) ......
31102(e) ......
31102(f) .......
42
42
42
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
Source (Statutes at Large)
§ 31302
Revised
Section
31301 ..........
Source (U.S. Code)
42 U.S.C. 16822.
Source (Statutes at Large)
Pub. L. 109–155, title VII,
§ 708, Dec. 30, 2005, 119
Stat. 2938.
Pub. L. 102–195, § 21(c)–(h),
Dec. 9, 1991, 105 Stat. 1616.
2473c(c).
2473c(d).
2473c(e).
2473c(f).
2473c(g).
In subsection (b)(2), the words ‘‘within 18 months
after the date of enactment of this Act’’ are omitted as
obsolete.
In paragraphs (1) and (2) of subsection (c), and in subsection (f)(2), the date ‘‘December 9, 1991’’ is substituted
for ‘‘the date of enactment of this Act’’ to reflect the
date of enactment of the National Aeronautics and
Space Administration Authorization Act, Fiscal Year
1992 (Public Law 102–195, 105 Stat. 1605).
FINDINGS
Pub. L. 102–195, § 21(b), Dec. 9, 1991, 105 Stat. 1616, provided that: ‘‘The Congress finds that—
§ 31302. Astronaut healthcare survey
(a) SURVEY.—The Administrator shall administer an anonymous survey of astronauts and
flight surgeons to evaluate communication, relationships, and the effectiveness of policies.
The survey questions and the analysis of results
shall be evaluated by experts independent of the
Administration. The survey shall be administered on at least a biennial basis.
(b) REPORT.—The Administrator shall transmit a report of the results of the survey to Congress not later than 90 days following completion of the survey.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.)
§ 31501
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
31302 ..........
42 U.S.C. 17822.
Source (Statutes at Large)
Pub. L. 110–422, title XI,
§ 1103, Oct. 15, 2008, 122
Stat. 4808.
CHAPTER 315—MISCELLANEOUS
Sec.
31501.
31502.
31503.
31504.
31505.
Orbital debris.
Maintenance of facilities.
Laboratory productivity.
Cooperative unmanned aerial vehicle activities.
Development of enhanced-use lease policy.
in support of Administration and interagency
cooperative missions. The Administrator may
enter into cooperative agreements with universities with unmanned aerial vehicle programs
and related assets to conduct collaborative research and development activities, including development of appropriate applications of small
unmanned aerial vehicle technologies and systems in remote areas.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
31504 ..........
42 U.S.C. 17828.
§ 31501. Orbital debris
The Administrator, in conjunction with the
heads of other Federal agencies, shall take steps
to develop or acquire technologies that will enable the Administration to decrease the risks
associated with orbital debris.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.)
HISTORICAL AND REVISION NOTES
Revised
Section
31501 ..........
Source (U.S. Code)
42 U.S.C. 16781.
Source (Statutes at Large)
Pub. L. 109–155, title VI,
§ 601, Dec. 30, 2005, 119
Stat. 2931.
§ 31502. Maintenance of facilities
In order to sustain healthy Centers that are
capable of carrying out the Administration’s
missions, the Administrator shall ensure that
adequate maintenance and upgrading of those
Center facilities is performed on a regular basis.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.)
HISTORICAL AND REVISION NOTES
Revised
Section
31502 ..........
Source (U.S. Code)
42 U.S.C. 17811(a).
Source (Statutes at Large)
Pub. L. 110–422, title X,
§ 1002(a), Oct. 15, 2008, 122
Stat. 4806.
§ 31503. Laboratory productivity
The Administration’s laboratories are a critical component of the Administration’s research
capabilities, and the Administrator shall ensure
that those laboratories remain productive.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.)
HISTORICAL AND REVISION NOTES
Revised
Section
31503 ..........
Page 46
Source (Statutes at Large)
Pub. L. 110–422, title XI,
§ 1116, Oct. 15, 2008, 122
Stat. 4813.
§ 31505. Development of enhanced-use lease policy
(a) IN GENERAL.—The Administrator shall develop an agency-wide enhanced-use lease policy
that—
(1) is based upon sound business practices
and lessons learned from the demonstration
centers; and
(2) establishes controls and procedures to ensure accountability and protect the interests
of the Government.
(b) CONTENTS.—The policy required by subsection (a) shall include the following:
(1) CRITERIA FOR DETERMINING ECONOMIC
VALUE.—Criteria for determining whether enhanced-use lease provides better economic
value to the Government than other options,
such as—
(A) Federal financing through appropriations; or
(B) sale of the property.
(2) SECURITY AND ACCESS.—Requirement for
the identification of proposed physical and
procedural changes needed to ensure security
and restrict access to specified areas, coordination of proposed changes with existing site
tenants, and development of estimated costs
of such changes.
(3) MEASURES OF EFFECTIVENESS.—Measures
of effectiveness for the enhanced-use lease program.
(4) ACCOUNTING CONTROLS.—Accounting controls and procedures to ensure accountability,
such as an audit trail and documentation to
readily support financial transactions.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.)
HISTORICAL AND REVISION NOTES
Source (U.S. Code)
42 U.S.C. 17812(a).
Source (Statutes at Large)
Pub. L. 110–422, title X,
§ 1003(a), Oct. 15, 2008, 122
Stat. 4807.
§ 31504. Cooperative unmanned aerial vehicle activities
The Administrator, in cooperation with the
Administrator of the National Oceanic and Atmospheric Administration and in coordination
with other agencies that have existing civil capabilities, shall continue to utilize the capabilities of unmanned aerial vehicles as appropriate
Revised
Section
Source (U.S. Code)
31505 ..........
42 U.S.C. 17829.
Source (Statutes at Large)
Pub. L. 110–422, title XI,
§ 1117, Oct. 15, 2008, 122
Stat. 4813.
Subtitle IV—Aeronautics and Space
Research and Education
CHAPTER 401—AERONAUTICS
SUBCHAPTER I—GENERAL
Sec.
40101.
Definition of institution of higher education.
Page 47
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
Sec.
40102.
40103.
40104.
Governmental interest in aeronautics research and development.
Cooperation with other agencies on aeronautics activities.
Cooperation among Mission Directorates.
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS
RESEARCH AND DEVELOPMENT PROGRAMS
40111.
40112.
40113.
40114.
40115.
40116.
Fundamental research program.
Research and technology programs.
Airspace systems research.
Aviation safety and security research.
Aviation weather research.
University-based Centers for Research on
Aviation Training.
SUBCHAPTER III—SCHOLARSHIPS
40131.
Aeronautics scholarships.
SUBCHAPTER IV—DATA REQUESTS
40141.
Aviation data requests.
SUBCHAPTER I—GENERAL
§ 40101. Definition of institution of higher education
In this chapter, the term ‘‘institution of higher education’’ has the meaning given the term
by section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3378.)
HISTORICAL AND REVISION NOTES
Revised
Section
40101 ..........
Source (U.S. Code)
42 U.S.C. 16701.
Source (Statutes at Large)
Pub. L. 109–155, title IV,
§ 401, Dec. 30, 2005, 119
Stat. 2923.
§ 40102. Governmental interest in aeronautics research and development
Congress reaffirms the national commitment
to aeronautics research made in chapter 201 of
this title. Aeronautics research and development remains a core mission of the Administration. The Administration is the lead agency for
civil aeronautics research. Further, the government of the United States shall promote aeronautics research and development that will expand the capacity, ensure the safety, and increase the efficiency of the Nation’s air transportation system, promote the security of the
Nation, protect the environment, and retain the
leadership of the United States in global aviation.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.)
HISTORICAL AND REVISION NOTES
Revised
Section
40102 ..........
Source (U.S. Code)
42 U.S.C. 16711.
Source (Statutes at Large)
Pub. L. 109–155, title IV,
§ 411, Dec. 30, 2005, 119
Stat. 2923.
EX. ORD. NO. 13419. NATIONAL AERONAUTICS RESEARCH
AND DEVELOPMENT
Ex. Ord. No. 13419, Dec. 20, 2006, 71 F.R. 77565, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 204 of the National Science
and Technology Policy, Organization, and Priorities
§ 40102
Act of 1976, as amended (42 U.S.C. 6613), section 101(c) of
the National Aeronautics and Space Administration
Authorization Act of 2005 (Public Law 109–155), and section 301 of title 3, United States Code, it is hereby ordered as follows:
SECTION 1. National Aeronautics Research and Development Policy. Continued progress in aeronautics, the
science of flight, is essential to America’s economic
success and the protection of America’s security interests at home and around the globe. Accordingly, it
shall be the policy of the United States to facilitate
progress in aeronautics research and development
(R&D) through appropriate funding and activities of
the Federal Government, in cooperation with State,
territorial, tribal, local, and foreign governments,
international organizations, academic and research institutions, private organizations, and other entities, as
appropriate. The Federal Government shall only undertake roles in supporting aeronautics R&D that are not
more appropriately performed by the private sector.
The National Aeronautics Research and Development
Policy prepared by the National Science and Technology Council should, to the extent consistent with
this order and its implementation, guide the aeronautics R&D programs of the United States through
2020.
SEC. 2. Functions of the Director of the Office of Science
and Technology Policy. To implement the policy set
forth in section 1 of this order, the Director of the Office of Science and Technology Policy (the ‘‘Director’’)
shall:
(a) review the funding and activities of the Federal
Government relating to aeronautics R&D;
(b) recommend to the President, the Director of the
Office of Management and Budget, and the heads of executive departments and agencies, as appropriate, such
actions with respect to funding and activities of the
Federal Government relating to aeronautics R&D as
may be necessary to
(i) advance United States technological leadership in
aeronautics;
(ii) support innovative research leading to significant
advances in aeronautical concepts, technologies, and
capabilities;
(iii) pursue and develop advanced aeronautics concepts and technologies, including those for advanced
aircraft systems and air transportation management
systems, to benefit America’s security and effective
and efficient national airspace management;
(iv) maintain and advance United States aeronautics
research, development, test and evaluation infrastructure to provide effective experimental and computational capabilities in support of aeronautics R&D;
(v) facilitate the educational development of the future aeronautics workforce as needed to further Federal Government interests;
(vi) enhance coordination and communication among
executive departments and agencies to maximize the
effectiveness of Federal Government R&D resources;
and
(vii) ensure appropriate Federal Government coordination with State, territorial, tribal, local, and foreign
governments, international organizations, academic
and research institutions, private organizations, and
other entities.
SEC. 3. Implementation of National Aeronautics Research
and Development Policy. To implement the policy set
forth in section 1 of this order, the Director shall:
(a) develop and, not later than 1 year after the date
of this order, submit for approval by the President a
plan for national aeronautics R&D and for related infrastructure, (the ‘‘plan’’), and thereafter submit, not
less often than biennially, to the President for approval
any changes to the plan;
(b) monitor and report to the President as appropriate on the implementation of the approved plan;
(c) ensure that executive departments and agencies
conducting aeronautics R&D:
(i) obtain and exchange information and advice, as
appropriate, from organizations and individuals outside
§ 40103
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
the Federal Government in support of Federal Government planning and performance of aeronautics R&D;
(ii) develop and implement, as appropriate, measures
for improving dissemination of R&D results and facilitating technology transition from R&D to applications;
and
(iii) identify and promote innovative policies and approaches that complement and enhance Federal Government aeronautics R&D investment; and
(d) report to the President on the results of the efforts of executive departments and agencies to implement paragraphs (c)(i) through (iii) of this section.
SEC. 4. General Provisions. (a) In implementing this
order, the Director shall:
(i) obtain as appropriate the assistance of the National Science and Technology Council in the performance of the Director’s functions under this order, consistent with Executive Order 12881 of November 23, 1993,
as amended;
(ii) coordinate as appropriate with the Director of the
Office of Management and Budget; and
(iii) obtain information and advice from all sources
as appropriate, including individuals associated with
academic and research institutions and private organizations.
(b) The functions of the President under subsection
(c) of section 101 of the National Aeronautics and Space
Administration Authorization Act of 2005, except the
function of designation, are assigned to the Director of
the Office of Science and Technology Policy. In performing these assigned functions, the Director shall, as
appropriate, consult the Administrator of the National
Aeronautics and Space Administration, the Secretary
of Defense, the Secretary of Transportation, the Director of the Office of Management and Budget, and other
heads of executive departments and agencies as appropriate. The Director also shall ensure that all actions
taken in the performance of such functions are consistent with the authority set forth in subsections (a)
through (d) of section 6 of Executive Order 13346 of July
8, 2004.
(c) This order shall be implemented in a manner consistent with:
(i) applicable law, including section 102A(i) of the National Security Act of 1947, as amended ([former] 50
U.S.C. 403–1(i)) [now 50 U.S.C. 3024(i)], and subject to
the availability of appropriations; and
(ii) statutory authority of the principal officers of executive departments and agencies as the heads of their
respective departments and agencies.
(d) This order shall not be construed to impair or
otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals.
(e) This order is not intended to, and does not, create
any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the
United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or
any other person.
GEORGE W. BUSH.
§ 40103. Cooperation with other agencies on aeronautics activities
The Administrator shall coordinate, as appropriate, the Administration’s aeronautics activities with relevant programs in the Department
of Transportation, the Department of Defense,
the Department of Commerce, and the Department of Homeland Security, including the activities of the Next Generation Air Transportation System Joint Planning and Development
Office established under section 709 of the Vision
100—Century of Aviation Reauthorization Act
(Public Law 108–176, 49 U.S.C. 40101 note).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.)
Page 48
HISTORICAL AND REVISION NOTES
Revised
Section
40103 ..........
Source (U.S. Code)
42 U.S.C. 16712(b).
Source (Statutes at Large)
Pub. L. 110–69, title II,
§ 2002(b), Aug. 9, 2007, 121
Stat. 583.
The words ‘‘Next Generation Air Transportation System’’ are inserted before ‘‘Joint Planning and Development Office’’ for consistency with section 709 of the Vision 100—Century of Aviation Reauthorization Act
(Public Law 108–176, 49 U.S.C. 40101 note).
§ 40104. Cooperation among Mission Directorates
Research and development activities performed by the Aeronautics Research Mission Directorate with the primary objective of assisting
in the development of a flight project in another
Mission Directorate shall be funded by the Mission Directorate seeking assistance.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.)
HISTORICAL AND REVISION NOTES
Revised
Section
40104 ..........
Source (U.S. Code)
42 U.S.C. 17724.
Source (Statutes at Large)
Pub. L. 110–422, title III,
§ 307, Oct. 15, 2008, 122
Stat. 4788.
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT
PROGRAMS
§ 40111. Fundamental research program
(a) OBJECTIVE.—In order to ensure that the Nation maintains needed capabilities in fundamental areas of aeronautics research, the Administrator shall establish a program of long-term
fundamental research in aeronautical sciences
and technologies that is not tied to specific development projects.
(b) OPERATION.—The Administrator shall conduct the program under this section, in part by
awarding grants to institutions of higher education. The Administrator shall encourage the
participation of institutions of higher education
located in States that participate in the Experimental Program to Stimulate Competitive Research. All grants to institutions of higher education under this section shall be awarded
through merit review.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.)
HISTORICAL AND REVISION NOTES
Revised
Section
40111 ..........
Source (U.S. Code)
42 U.S.C. 16721(a),
(b).
Source (Statutes at Large)
Pub. L. 109–155, title IV,
§ 421(a), (b), Dec. 30, 2005,
119 Stat. 2924.
§ 40112. Research and technology programs
(a) SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT.—The Administrator may establish
an initiative with the objective of developing
and demonstrating, in a relevant environment,
airframe and propulsion technologies to enable
efficient, economical overland flight of supersonic civil transport aircraft with no significant
impact on the environment.
(b) ROTORCRAFT AND OTHER RUNWAY-INDEPENDENT AIR VEHICLES.—The Administrator may es-
Page 49
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
§ 40114
tablish a rotorcraft and other runway-independent air vehicles initiative with the objective of
developing and demonstrating improved safety,
noise, and environmental impact in a relevant
environment.
(c) HYPERSONICS RESEARCH.—The Administrator may establish a hypersonics research program with the objective of exploring the science
and technology of hypersonic flight using airbreathing propulsion concepts, through a mix of
theoretical work, basic and applied research,
and development of flight research demonstration vehicles. The program may also include the
transition to the hypersonic range of Mach 3 to
Mach 5.
(d) REVOLUTIONARY AERONAUTICAL CONCEPTS.—
The Administrator may establish a research
program which covers a unique range of subsonic, fixed wing vehicles and propulsion concepts. This research is intended to push technology barriers beyond current subsonic technology. Propulsion concepts include advanced
materials, morphing engines, hybrid engines,
and fuel cells.
(e) FUEL CELL-POWERED AIRCRAFT RESEARCH.—
(1) OBJECTIVE.—The Administrator may establish a fuel cell-powered aircraft research
program whose objective shall be to develop
and test concepts to enable a hydrogen fuel
cell-powered aircraft that would have no hydrocarbon or nitrogen oxide emissions into the
environment.
(2) APPROACH.—The Administrator may establish a program of competitively awarded
grants available to teams of researchers that
may include the participation of individuals
from universities, industry, and government
for the conduct of this research.
air breathing single-stage-to-orbit and long range
hypersonic cruise research flight vehicle. The program
shall be a research program, and to the extent practicable technological information developed shall be
transferred to the military and to the domestic civil
aviation and other private industries.
‘‘(b) MANAGEMENT PLAN.—
‘‘(1) The Secretary and the Adminstrator [sic] shall
jointly develop a management plan for the program
established under subsection (a), which shall include
goals, major tasks, anticipated schedules, organizational structure, funding profiles, details of the respective responsibilities of the Secretary and the Administrator, and resource procurement strategies.
‘‘(2) The management plan developed pursuant to
paragraph (1) shall be submitted to the Congress
within 120 days after the date of enactment of this
Act [Nov. 16, 1990].’’
[Pub. L. 101–611, title I, § 127, Nov. 16, 1990, 104 Stat.
3205, provided that: ‘‘For purposes of this title [see
Tables for classification], the term ‘Administrator’
means the Administrator of the National Aeronautics
and Space Administration.’’]
(f) MARS AIRCRAFT RESEARCH.—
(1) OBJECTIVE.—The Administrator may establish a Mars Aircraft project whose objective shall be to develop and test concepts for
an uncrewed aircraft that could operate for
sustained periods in the atmosphere of Mars.
(2) APPROACH.—The Administrator may establish a program of competitively awarded
grants available to teams of researchers that
may include the participation of individuals
from universities, industry, and government
for the conduct of this research.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3380.)
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
40112(a) ......
42 U.S.C. 16722(b).
40112(b) ......
40112(c) ......
40112(d) ......
40112(e) ......
40112(f) .......
42
42
42
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
Source (Statutes at Large)
Pub. L. 109–155, title IV,
§ 422(b)–(g), Dec. 30, 2005,
119 Stat. 2925.
16722(c).
16722(d).
16722(e).
16722(f).
16722(g).
NATIONAL AERO-SPACE PLANE PROGRAM
Pub. L. 101–611, title I, § 116, Nov. 16, 1990, 104 Stat.
3202, provided that:
‘‘(a) NATIONAL AERO-SPACE PLANE PROGRAM.—The
Secretary of Defense (hereafter in this section referred
to as the ‘Secretary’) and the Administrator shall
jointly pursue on a high priority basis a National AeroSpace Plane program whose objective shall be the development and demonstration, by 1997, of a primarily
§ 40113. Airspace systems research
(a) OBJECTIVE.—The Airspace Systems Research program shall pursue research and development to enable revolutionary improvements
to and modernization of the National Airspace
System, as well as to enable the introduction of
new systems for vehicles that can take advantage of an improved, modern air transportation
system.
(b) ALIGNMENT.—Not later than 1 year after
December 30, 2005, the Administrator shall align
the projects of the Airspace Systems Research
program so that they directly support the objectives of the Joint Planning and Development Office’s Next Generation Air Transportation System Integrated Plan.
HISTORICAL AND REVISION NOTES
Revised
Section
40113 ..........
Source (U.S. Code)
42 U.S.C. 16723.
Source (Statutes at Large)
Pub. L. 109–155, title IV,
§ 423, Dec. 30, 2005, 119
Stat. 2925.
In subsection (b), the date ‘‘December 30, 2005’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enactment of the National Aeronautics
and Space Administration Authorization Act of 2005
(Public Law 109–155, 119 Stat. 2895).
§ 40114. Aviation safety and security research
(a) OBJECTIVE.—The Aviation Safety and Security Research program shall pursue research and
development activities that directly address the
safety and security needs of the National Airspace System and the aircraft that fly in it. The
program shall develop prevention, intervention,
and mitigation technologies aimed at causal,
contributory, or circumstantial factors of aviation accidents.
(b) ALIGNMENT.—Not later than 1 year after
December 30, 2005, the Administrator shall align
the projects of the Aviation Safety and Security
Research program so that they directly support
the objectives of the Joint Planning and Development Office’s Next Generation Air Transportation System Integrated Plan.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3380.)
§ 40115
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
40114 ..........
Source (U.S. Code)
42 U.S.C. 16724.
Source (Statutes at Large)
Pub. L. 109–155, title IV,
§ 424, Dec. 30, 2005, 119
Stat. 2926.
In subsection (b), the date ‘‘December 30, 2005’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enactment of the National Aeronautics
and Space Administration Authorization Act of 2005
(Public Law 109–155, 119 Stat. 2895).
Page 50
clarity. There are references to both ‘‘Centers for Research on Aviation Training’’ and ‘‘Administration
Centers’’ in subsection (a).
In subsection (d)(1), the words ‘‘proposed in the application submitted under subsection (c)’’ are substituted
for ‘‘proposed by the Center in its application under
subsection (c)’’ for clarity. Under section (c), applications are filed by an institution of higher education (or
a consortium of such institutions) seeking funding, and
not by the Center for which such funding is sought.
SUBCHAPTER III—SCHOLARSHIPS
§ 40115. Aviation weather research
§ 40131. Aeronautics scholarships
The Administrator may carry out a program
of collaborative research with the National Oceanic and Atmospheric Administration on convective weather events, with the goal of significantly improving the reliability of 2-hour to 6hour aviation weather forecasts.
(a) ESTABLISHMENT.—The Administrator shall
establish a program of scholarships for full-time
graduate students who are United States citizens and are enrolled in, or have been accepted
by and have indicated their intention to enroll
in, accredited Masters degree programs in aeronautical engineering or equivalent programs at
institutions of higher education. Each such
scholarship shall cover the costs of room, board,
tuition, and fees, and may be provided for a
maximum of 2 years.
(b) IMPLEMENTATION.—Not later than 180 days
after December 30, 2005, the Administrator shall
publish regulations governing the scholarship
program under this section.
(c) COOPERATIVE TRAINING OPPORTUNITIES.—
Students who have been awarded a scholarship
under this section shall have the opportunity for
paid employment at one of the Administration
Centers engaged in aeronautics research and development during the summer prior to the first
year of the student’s Masters program, and between the first and second year, if applicable.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3381.)
HISTORICAL AND REVISION NOTES
Revised
Section
40115 ..........
Source (U.S. Code)
42 U.S.C. 16725.
Source (Statutes at Large)
Pub. L. 109–155, title IV,
§ 425, Dec. 30, 2005, 119
Stat. 2926.
§ 40116. University-based Centers for Research
on Aviation Training
(a) IN GENERAL.—The Administrator shall
award grants to institutions of higher education
(or consortia thereof) to establish one or more
Centers for Research on Aviation Training under
cooperative agreements with appropriate Administration Centers.
(b) PURPOSE.—The purpose of the Centers for
Research on Aviation Training shall be to investigate the impact of new technologies and procedures, particularly those related to the aircraft
flight deck and to the air traffic management
functions, on training requirements for pilots
and air traffic controllers.
(c) APPLICATION.—An institution of higher
education (or a consortium of such institutions)
seeking funding under this section shall submit
an application to the Administrator at such
time, in such manner, and containing such information as the Administrator may require, including, at a minimum, a 5-year research plan.
(d) AWARD DURATION.—An award made by the
Administrator under this section shall be for a
period of 5 years and may be renewed on the
basis of—
(1) satisfactory performance in meeting the
goals of the research plan proposed in the application submitted under subsection (c); and
(2) other requirements as specified by the
Administrator.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3381.)
HISTORICAL AND REVISION NOTES
Revised
Section
40116 ..........
Source (U.S. Code)
42 U.S.C. 16727.
Source (Statutes at Large)
Pub. L. 109–155, title IV,
§ 427, Dec. 30, 2005, 119
Stat. 2926; Pub. L. 110–422,
title III, § 308, Oct. 15, 2008,
122 Stat. 4788.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3381.)
HISTORICAL AND REVISION NOTES
Revised
Section
40131 ..........
42 U.S.C. 16741.
Source (Statutes at Large)
Pub. L. 109–155, title IV,
§ 431, Dec. 30, 2005, 119
Stat. 2927.
In subsection (b), the date ‘‘December 30, 2005’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enactment of the National Aeronautics
and Space Administration Authorization Act of 2005
(Public Law 109–155, 119 Stat. 2895).
SUBCHAPTER IV—DATA REQUESTS
§ 40141. Aviation data requests
The Administrator shall make available upon
request satellite imagery and aerial photography of remote terrain that the Administration
owns at the time of the request to the Administrator of the Federal Aviation Administration
or the Director of the Five Star Medallion Program, to assist and train pilots in navigating
challenging topographical features of such terrain.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3382.)
HISTORICAL AND REVISION NOTES
Revised
Section
40141 ..........
In subsection (b), the words ‘‘Centers for Research on
Aviation Training’’ are substituted for ‘‘Centers’’ for
Source (U.S. Code)
Source (U.S. Code)
42 U.S.C. 16751.
Source (Statutes at Large)
Pub. L. 109–155, title IV,
§ 441, Dec. 30, 2005, 119
Stat. 2927.
Page 51
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
CHAPTER 403—NATIONAL SPACE GRANT
COLLEGE AND FELLOWSHIP PROGRAM
Sec.
40301.
40302.
40303.
Purposes.
Definitions.
National space grant college and fellowship
program.
Grants or contracts.
Specific national needs.
Space grant college and space grant regional
consortium.
Space grant fellowship program.
Space grant review panel.
Availability of other Federal personnel and
data.
Designation or award to be on competitive
basis.
Continuing emphasis.
40304.
40305.
40306.
40307.
40308.
40309.
40310.
40311.
§ 40301. Purposes
The purposes of this chapter are to—
(1) increase the understanding, assessment,
development, and utilization of space resources by promoting a strong educational
base, responsive research and training activities, and broad and prompt dissemination of
knowledge and techniques;
(2) utilize the abilities and talents of the
universities of the Nation to support and contribute to the exploration and development of
the resources and opportunities afforded by
the space environment;
(3) encourage and support, within the university community of the Nation, the existence of
interdisciplinary and multidisciplinary programs of space research that—
(A) engage in integrated activities of
training, research, and public service;
(B) have cooperative programs with industry; and
(C) are coordinated with the overall program of the Administration;
(4) encourage and support the existence of
consortia, made up of university and industry
members, in order to advance the exploration
and development of space resources in cases in
which national objectives can be better fulfilled through such consortia than through the
programs of single universities;
(5) encourage and support Federal funding
for graduate fellowships in fields related to
space; and
(6) support activities in colleges and universities generally for the purpose of creating and
operating a network of institutional programs
that will enhance achievements resulting from
efforts under this chapter.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3382.)
HISTORICAL AND REVISION NOTES
Revised
Section
40301 ..........
Source (U.S. Code)
42 U.S.C. 2486a.
Source (Statutes at Large)
Pub. L. 100–147, title II, § 203,
Oct. 30, 1987, 101 Stat. 869.
In paragraph (3), the word ‘‘that’’ is substituted for
‘‘, to’’ for clarity.
In paragraph (4), the words ‘‘in order to’’ are substituted for ‘‘to’’, and the words ‘‘through such consortia’’ are added, for clarity.
CONGRESSIONAL STATEMENT OF FINDINGS
Pub. L. 100–147, title II, § 202, Oct. 30, 1987, 101 Stat.
869, provided that: ‘‘The Congress finds that—
§ 40302
‘‘(1) the vitality of the Nation and the quality of
life of the citizens of the Nation depend increasingly
on the understanding, assessment, development, and
utilization of space resources;
‘‘(2) research and development of space science,
space technology, and space commercialization will
contribute to the quality of life, national security,
and the enhancement of commerce;
‘‘(3) the understanding and development of the
space frontiers require a broad commitment and an
intense involvement on the part of the Federal Government in partnership with State and local governments, private industry, universities, organizations,
and individuals concerned with the exploration and
utilization of space;
‘‘(4) the National Aeronautics and Space Administration, through the national space grant college and
fellowship program, offers the most suitable means
for such commitment and involvement through the
promotion of activities that will result in greater understanding, assessment, development, and utilization; and
‘‘(5) Federal support of the establishment, development, and operation of programs and projects by
space grant colleges, space grant regional consortia,
institutions of higher education, institutes, laboratories, and other appropriate public and private entities is the most cost-effective way to promote such
activities.’’
[For definition of terms used in section 202 of Pub. L.
100–147, set out above, see section 204 of Pub. L. 100–147,
title II, Oct. 30, 1987, 101 Stat. 870, which was classified
to former section 2486b of Title 42, The Public Health
and Welfare, and was repealed and reenacted as section
40302 of this title by Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010,
124 Stat. 3328, 3444.]
§ 40302. Definitions
In this chapter:
(1) AERONAUTICAL AND SPACE ACTIVITIES.—
The term ‘‘aeronautical and space activities’’
has the meaning given the term in section
20103 of this title.
(2) FIELD RELATED TO SPACE.—The term
‘‘field related to space’’ means any academic
discipline or field of study (including the physical, natural, and biological sciences, and engineering, space technology, education, economics, sociology, communications, planning,
law, international affairs, and public administration) which is concerned with or likely to
improve the understanding, assessment, development, and utilization of space.
(3) PANEL.—The term ‘‘panel’’ means the
space grant review panel established pursuant
to section 40308 of this title.
(4) PERSON.—The term ‘‘person’’ means any
individual, any public or private corporation,
partnership, or other association or entity (including any space grant college, space grant
regional consortium, institution of higher education, institute, or laboratory), or any State,
political subdivision of a State, or agency or
officer of a State or political subdivision of a
State.
(5) SPACE ENVIRONMENT.—The term ‘‘space
environment’’ means the environment beyond
the sensible atmosphere of the Earth.
(6) SPACE GRANT COLLEGE.—The term ‘‘space
grant college’’ means any public or private institution of higher education which is designated as such by the Administrator pursuant
to section 40306 of this title.
(7) SPACE GRANT PROGRAM.—The term ‘‘space
grant program’’ means any program that—
§ 40303
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(A) is administered by any space grant college, space grant regional consortium, institution of higher education, institute, laboratory, or State or local agency; and
(B) includes 2 or more projects involving
education and one or more of the following
activities in the fields related to space:
(i) Research.
(ii) Training.
(iii) Advisory services.
(8) SPACE GRANT REGIONAL CONSORTIUM.—The
term ‘‘space grant regional consortium’’
means any association or other alliance that
is designated as a space grant regional consortium by the Administrator pursuant to section
40306 of this title.
(9) SPACE RESOURCE.—The term ‘‘space resource’’ means any tangible or intangible benefit which can be realized only from—
(A) aeronautical and space activities; or
(B) advancements in any field related to
space.
Page 52
(4) encourage other Federal departments,
agencies, and instrumentalities to use and
take advantage of the expertise and capabilities which are available through the national
space grant college and fellowship program, on
a cooperative or other basis;
(5) encourage cooperation and coordination
with other Federal programs concerned with
the development of space resources and fields
related to space;
(6) advise the Administrator on the designation of recipients supported by the national
space grant college and fellowship program
and, in appropriate cases, on the termination
or suspension of any such designation; and
(7) encourage the formation and growth of
space grant and fellowship programs.
(10) STATE.—The term ‘‘State’’ means any
State of the United States, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana
Islands, or any other territory or possession of
the United States.
(c) GENERAL AUTHORITIES.—To carry out the
provisions of this chapter, the Administrator
may—
(1) accept conditional or unconditional gifts
or donations of services, money, or property,
real, personal or mixed, tangible or intangible;
(2) accept and use funds from other Federal
departments, agencies, and instrumentalities
to pay for fellowships, grants, contracts, and
other transactions; and
(3) issue such rules and regulations as may
be necessary and appropriate.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3383.)
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3383.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Section
40302 ..........
Source (U.S. Code)
42 U.S.C. 2486b.
Source (Statutes at Large)
Pub. L. 100–147, title II, § 204,
Oct. 30, 1987, 101 Stat. 870.
The definitions of ‘‘Administration’’ and ‘‘Administrator’’ in section 204 of the National Space Grant College and Fellowship Act (Public Law 100–147, title II,
101 Stat. 870) are omitted as unnecessary because of the
definitions added by section 10101 of title 51.
§ 40303. National space grant college and fellowship program
(a) ESTABLISHMENT.—The Administrator shall
establish and maintain, within the Administration, a program to be known as the national
space grant college and fellowship program. The
national space grant college and fellowship program shall consist of the financial assistance
and other activities provided for in this chapter.
The Administrator shall establish long-range
planning guidelines and priorities, and adequately evaluate the program.
(b) FUNCTIONS.—Within the Administration,
the program shall—
(1) apply the long-range planning guidelines
and the priorities established by the Administrator under subsection (a);
(2) advise the Administrator with respect to
the expertise and capabilities which are available through the national space grant college
and fellowship program, and make such expertise available to the Administration as directed by the Administrator;
(3) evaluate activities conducted under
grants and contracts awarded pursuant to sections 40304 and 40305 of this title to ensure that
the purposes set forth in section 40301 of this
title are implemented;
Revised
Section
40303 ..........
Source (U.S. Code)
42 U.S.C. 2486c.
Source (Statutes at Large)
Pub. L. 100–147, title II, § 205,
Oct. 30, 1987, 101 Stat. 871.
§ 40304. Grants or contracts
(a) AUTHORITY OF ADMINISTRATOR.—The Administrator may make grants and enter into
contracts or other transactions under this subsection to assist any space grant and fellowship
program or project if the Administrator finds
that the program or project will carry out the
purposes set forth in section 40301 of this title.
The total amount paid pursuant to a grant or
contract may equal not more than 66 percent of
the total cost of the space grant and fellowship
program or project involved, except in the case
of grants or contracts paid for with funds accepted by the Administrator pursuant to section
40303(c)(2) of this title.
(b) SPECIAL GRANTS.—The Administrator may
make special grants under this subsection to
carry out the purposes set forth in section 40301
of this title. The amount of a special grant may
equal up to 100 percent of the total cost of the
project involved. A special grant may be made
under this subsection only if the Administrator
finds that—
(1) no reasonable means is available through
which the applicant can meet the matching requirement for a grant under subsection (a);
(2) the probable benefit of the project outweighs the public interest in the matching requirement; and
(3) the same or equivalent benefit cannot be
obtained through the award of a contract or
grant under subsection (a) or section 40305 of
this title.
Page 53
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(c) APPLICATION.—Any person may apply to
the Administrator for a grant or contract under
this section. Application shall be made in such
form and manner, and with such content and
other submissions, as the Administrator shall by
regulation prescribe.
(d) TERMS AND CONDITIONS.—
(1) IN GENERAL.—Any grant made, or contract entered into, under this section shall be
subject to the limitations and provisions set
forth in paragraphs (2) and (3) and to such
other terms, conditions, and requirements as
the Administrator considers necessary or appropriate.
(2) LIMITATIONS.—No payment under any
grant or contract under this section may be
applied to—
(A) the purchase of any land;
(B) the purchase, construction, preservation, or repair of any building; or
(C) the purchase or construction of any
launch facility or launch vehicle.
(3) LEASES.—Notwithstanding paragraph (2),
the items in subparagraphs (A), (B), and (C) of
such paragraph may be leased upon written
approval of the Administrator.
(4) RECORDS.—Any person that receives or
utilizes any proceeds of any grant or contract
under this section shall keep such records as
the Administrator shall by regulation prescribe as being necessary and appropriate to
facilitate effective audit and evaluation, including records which fully disclose the
amount and disposition by such recipient of
such proceeds, the total cost of the program or
project in connection with which such proceeds were used, and the amount, if any, of
such cost which was provided through other
sources. Such records shall be maintained for
3 years after the completion of such a program
or project. The Administrator and the Comptroller General of the United States, or any of
their duly authorized representatives, shall
have access, for the purpose of audit and evaluation, to any books, documents, papers, and
records of receipts which, in the opinion of the
Administrator or the Comptroller General,
may be related or pertinent to such grants and
contracts.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3384.)
HISTORICAL AND REVISION NOTES
Revised
Section
40304 ..........
Source (U.S. Code)
42 U.S.C. 2486d.
Source (Statutes at Large)
Pub. L. 100–147, title II, § 206,
Oct. 30, 1987, 101 Stat. 872.
In subsection (a), the words ‘‘not more than 66 percent’’ are substituted for ‘‘66 percent, or any lesser percent’’, and the word ‘‘except’’ is substituted for ‘‘except
that this limitation shall not apply’’, for clarity and to
eliminate unnecessary words.
In subsection (b), the words ‘‘up to 100 percent’’ are
substituted for ‘‘100 percent, or any lesser percent’’ to
eliminate unnecessary words.
§ 40305. Specific national needs
(a) IDENTIFICATION OF SPECIFIC NEEDS AND
GRANT-MAKING AND CONTRACTING AUTHORITY.—
The Administrator shall identify specific national needs and problems relating to space. The
§ 40306
Administrator may make grants or enter into
contracts under this section with respect to
such needs or problems. The amount of any such
grant or contract may equal up to 100 percent of
the total cost of the project involved.
(b) APPLICATIONS FOR GRANTS OR CONTRACTS.—
Any person may apply to the Administrator for
a grant or contract under this section. In addition, the Administrator may invite applications
with respect to specific national needs or problems identified under subsection (a). Application
shall be made in such form and manner, and
with such content and other submissions, as the
Administrator shall by regulation prescribe.
Any grant made, or contract entered into, under
this section shall be subject to the limitations
and provisions set forth in paragraphs (2) and (4)
of section 40304(d) of this title and to such other
terms, conditions, and requirements as the Administrator considers necessary or appropriate.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3385.)
HISTORICAL AND REVISION NOTES
Revised
Section
40305 ..........
Source (U.S. Code)
42 U.S.C. 2486e.
Source (Statutes at Large)
Pub. L. 100–147, title II, § 207,
Oct. 30, 1987, 101 Stat. 873.
In subsection (a), the words ‘‘up to 100 percent’’ are
substituted for ‘‘100 percent, or any lesser percent’’ to
eliminate unnecessary words.
§ 40306. Space grant college and space grant regional consortium
(a) DESIGNATION AND QUALIFICATIONS.—
(1) AUTHORITY TO DESIGNATE.—The Administrator may designate—
(A) any institution of higher education as
a space grant college; and
(B) any association or other alliance of 2
or more persons, other than individuals, as a
space grant regional consortium.
(2) SPACE GRANT COLLEGE REQUIREMENTS.—No
institution of higher education may be designated as a space grant college unless the Administrator finds that such institution—
(A) is maintaining a balanced program of
research, education, training, and advisory
services in fields related to space;
(B) will act in accordance with such guidelines as are prescribed under subsection
(b)(2); and
(C) meets such other qualifications as the
Administrator considers necessary or appropriate.
(3) SPACE GRANT REGIONAL CONSORTIUM REQUIREMENTS.—No association or other alliance
of 2 or more persons may be designated as a
space grant regional consortium unless the
Administrator finds that such association or
alliance—
(A) is established for the purpose of sharing expertise, research, educational facilities or training facilities, and other capabilities in order to facilitate research, education, training, and advisory services in
any field related to space;
(B) will encourage and follow a regional
approach to solving problems or meeting
needs relating to space, in cooperation with
§ 40307
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
appropriate space grant colleges, space grant
programs, and other persons in the region;
(C) will act in accordance with such guidelines as are prescribed under subsection
(b)(2); and
(D) meets such other qualifications as the
Administrator considers necessary or appropriate.
(b) QUALIFICATIONS AND GUIDELINES.—The Administrator shall by regulation prescribe—
(1) the qualifications required to be met
under paragraphs (2)(C) and (3)(D) of subsection (a); and
(2) guidelines relating to the activities and
responsibilities of space grant colleges and
space grant regional consortia.
(c) SUSPENSION OR TERMINATION OF DESIGNATION.—The Administrator may, for cause and
after an opportunity for hearing, suspend or terminate any designation under subsection (a).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3386.)
HISTORICAL AND REVISION NOTES
Revised
Section
40306 ..........
Source (U.S. Code)
42 U.S.C. 2486f.
Source (Statutes at Large)
Pub. L. 100–147, title II, § 208,
Oct. 30, 1987, 101 Stat. 873.
§ 40307. Space grant fellowship program
(a) AWARD OF FELLOWSHIPS.—The Administrator shall support a space grant fellowship
program to provide educational and training assistance to qualified individuals at the graduate
level of education in fields related to space.
Such fellowships shall be awarded pursuant to
guidelines established by the Administrator.
Space grant fellowships shall be awarded to individuals at space grant colleges, space grant regional consortia, other colleges and institutions
of higher education, professional associations,
and institutes in such a manner as to ensure
wide geographic and institutional diversity in
the pursuit of research under the fellowship program.
(b) LIMITATION ON AMOUNT PROVIDED.—The
total amount which may be provided for grants
under the space grant fellowship program during
any fiscal year shall not exceed an amount equal
to 50 percent of the total funds appropriated for
such year pursuant to this chapter.
(c) AUTHORITY TO SPONSOR OTHER RESEARCH
FELLOWSHIP PROGRAMS UNAFFECTED.—Nothing
in this section shall be construed to prohibit the
Administrator from sponsoring any research fellowship program, including any special emphasis program, which is established under an authority other than this chapter.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3387.)
HISTORICAL AND REVISION NOTES
Revised
Section
40307 ..........
Source (U.S. Code)
42 U.S.C. 2486g.
Source (Statutes at Large)
Pub. L. 100–147, title II, § 209,
Oct. 30, 1987, 101 Stat. 874.
§ 40308. Space grant review panel
(a) ESTABLISHMENT.—The Administrator shall
establish an independent committee known as
Page 54
the space grant review panel, which shall not be
subject to the provisions of the Federal Advisory Committee Act (5 App. U.S.C.).
(b) DUTIES.—The panel shall take such steps as
may be necessary to review, and shall advise the
Administrator with respect to—
(1) applications or proposals for, and performance under, grants and contracts awarded
pursuant to sections 40304 and 40305 of this
title;
(2) the space grant fellowship program;
(3) the designation and operation of space
grant colleges and space grant regional consortia, and the operation of space grant and
fellowship programs;
(4) the formulation and application of the
planning guidelines and priorities pursuant to
subsections (a) and (b)(1) of section 40303 of
this title; and
(5) such other matters as the Administrator
refers to the panel for review and advice.
(c) PERSONNEL AND ADMINISTRATIVE SERVICES.—The Administrator shall make available
to the panel any information, personnel, and administrative services and assistance which is
reasonable to carry out the duties of the panel.
(d) MEMBERS.—
(1) APPOINTMENT.—The Administrator shall
appoint the voting members of the panel. A
majority of the voting members shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in
one or more of the disciplines and fields related to space. The other voting members shall
be individuals who, by reason of knowledge,
experience, or training, are especially qualified in, or representative of, education, extension services, State government, industry,
economics, planning, or any other activity related to efforts to enhance the understanding,
assessment, development, or utilization of
space resources. The Administrator shall consider the potential conflict of interest of any
individual in making appointments to the
panel.
(2) CHAIRMAN AND VICE CHAIRMAN.—The Administrator shall select one voting member to
serve as the Chairman and another voting
member to serve as the Vice Chairman. The
Vice Chairman shall act as Chairman in the
absence or incapacity of the Chairman.
(3) REIMBURSEMENT FOR EXPENSES.—Voting
members of the panel who are not Federal employees shall be reimbursed for actual and reasonable expenses incurred in the performance
of such duties.
(4) MEETINGS.—The panel shall meet on a biannual basis and, at any other time, at the
call of the Chairman or upon the request of a
majority of the voting members or of the Administrator.
(5) POWERS.—The panel may exercise such
powers as are reasonably necessary in order to
carry out the duties enumerated in subsection
(b).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3387.)
Page 55
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
40308 ..........
Source (U.S. Code)
42 U.S.C. 2486h.
Source (Statutes at Large)
Pub. L. 100–147, title II, § 210,
Oct. 30, 1987, 101 Stat. 874.
participate in the Administration’s aeronautics
and space projects by supporting and enhancing
science and engineering education, research, and
public outreach efforts.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3388.)
In subsection (a), the word ‘‘provisions’’ is substituted for ‘‘provisons’’ to correct an error in the law.
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
§ 40309. Availability of other Federal personnel
and data
Each department, agency, or other instrumentality of the Federal Government that is engaged in or concerned with, or that has authority over, matters relating to space—
(1) may, upon a written request from the Administrator, make available, on a reimbursable basis or otherwise, any personnel (with
their consent and without prejudice to their
position and rating), service, or facility which
the Administrator considers necessary to
carry out any provision of this chapter;
(2) may, upon a written request from the Administrator, furnish any available data or
other information which the Administrator
considers necessary to carry out any provision
of this chapter; and
(3) may cooperate with the Administration.
§ 40501
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
40311 ..........
42 U.S.C. 17781(c).
Source (Statutes at Large)
Pub. L. 110–422, title VII,
§ 704(c), Oct. 15, 2008, 122
Stat. 4803.
CHAPTER 405—BIOMEDICAL RESEARCH IN
SPACE
Sec.
40501.
40502.
40503.
40504.
40505.
Biomedical research joint working group.
Biomedical research grants.
Biomedical research fellowships.
Establishment of electronic data archive.
Establishment of emergency medical service
telemedicine capability.
§ 40501. Biomedical research joint working group
The Administrator shall not under this chapter designate any space grant college or space
grant regional consortium or award any fellowship, grant, or contract unless such designation
or award is made in accordance with the competitive, merit-based review process employed
by the Administration on October 30, 1987.
(a) ESTABLISHMENT.—The Administrator and
the Director of the National Institutes of Health
shall jointly establish a working group to coordinate biomedical research activities in areas
where a microgravity environment may contribute to significant progress in the understanding
and treatment of diseases and other medical
conditions. The joint working group shall formulate joint and complementary programs in
such areas of research.
(b) MEMBERSHIP.—The joint working group
shall include equal representation from the Administration and the National Institutes of
Health, and shall include representation from
National Institutes of Health councils, as selected by the Director of the National Institutes
of Health, and from the National Aeronautics
and Space Administration Advisory Council.
(c) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA.—
The joint working group shall organize annual
symposia on biomedical research described in
subsection (a) under the joint sponsorship of the
Administration and the National Institutes of
Health.
(d) ANNUAL REPORTING REQUIREMENT.—The
joint working group shall report annually to
Congress on its progress in carrying out this section.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3388.)
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.)
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3388.)
HISTORICAL AND REVISION NOTES
Revised
Section
40309 ..........
Source (U.S. Code)
42 U.S.C. 2486i.
Source (Statutes at Large)
Pub. L. 100–147, title II, § 211,
Oct. 30, 1987, 101 Stat. 875.
§ 40310. Designation or award to be on competitive basis
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Section
40310 ..........
Source (U.S. Code)
42 U.S.C. 2486k.
Source (Statutes at Large)
Pub. L. 100–147, title II, § 213,
Oct. 30, 1987, 101 Stat. 875.
The date ‘‘October 30, 1987’’ is substituted for ‘‘the
date of enactment of this Act’’ to reflect the date of enactment of the National Space Grant College and Fellowship Act, which is title II of the National Aeronautics and Space Administration Authorization Act of
1988 (Public Law 100–147, 101 Stat. 860).
§ 40311. Continuing emphasis
The Administration shall continue its emphasis on the importance of education to expand opportunities for Americans to understand and
Revised
Section
40501 ..........
Source (U.S. Code)
42 U.S.C. 2487a.
Source (Statutes at Large)
Pub. L. 102–588, title VI,
§ 602, Nov. 4, 1992, 106 Stat.
5130.
FINDINGS
Pub. L. 102–588, title VI, § 601, Nov. 4, 1992, 106 Stat.
5130, provided that: ‘‘The Congress finds that—
‘‘(1) the space program can make significant contributions to selected areas of health-related research
and should be an integral part of the Nation’s health
research and development program;
‘‘(2) the continuing development of trained scientists and engineers is essential to carrying out an
effective and sustained program of biomedical research in space and on the ground;
§ 40502
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
‘‘(3) the establishment and maintenance of an electronically accessible archive of data on space-related
biomedical research is essential to advancement of
the field;
‘‘(4) cooperation with the republics of the former
Soviet Union, including use of former Soviet orbital
facilities, offers the potential for greatly enhanced
biomedical research activities and progress; and
‘‘(5) the establishment and maintenance of an international telemedicine consultation satellite capability to support emergency medical service provision
can provide an important aid to disaster relief efforts.’’
§ 40502. Biomedical research grants
(a) ESTABLISHMENT OF PROGRAM.—The Administrator and the Director of the National Institutes of Health shall establish a joint program
of biomedical research grants in areas described
in section 40501(a) of this title, where such research requires access to a microgravity environment. Such program shall be consistent with
actions taken by the joint working group under
section 40501 of this title.
(b) RESEARCH OPPORTUNITY ANNOUNCEMENTS.—
The grants program established under subsection (a) shall annually issue joint research
opportunity announcements under the sponsorship of the National Institutes of Health and the
Administration. Responses to the announcements shall be evaluated by a peer review committee whose members shall be selected by the
Director of the National Institutes of Health and
the Administrator, and shall include individuals
not employed by the Administration or the National Institutes of Health.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.)
HISTORICAL AND REVISION NOTES
Revised
Section
40502 ..........
Source (U.S. Code)
42 U.S.C. 2487b.
Source (Statutes at Large)
Pub. L. 102–588, title VI,
§ 603, Nov. 4, 1992, 106 Stat.
5130.
§ 40503. Biomedical research fellowships
The Administrator and the Director of the National Institutes of Health shall create a joint
program of graduate research fellowships in biomedical research described in section 40501(a) of
this title. Fellowships under such program may
provide for participation in approved research
conferences and symposia.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.)
HISTORICAL AND REVISION NOTES
Revised
Section
40503 ..........
Source (U.S. Code)
42 U.S.C. 2487c.
Source (Statutes at Large)
Pub. L. 102–588, title VI,
§ 604, Nov. 4, 1992, 106 Stat.
5131.
Page 56
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
40504 ..........
42 U.S.C. 2487e.
Source (Statutes at Large)
Pub. L. 102–588, title VI,
§ 606, Nov. 4, 1992, 106 Stat.
5131.
§ 40505. Establishment of emergency medical
service telemedicine capability
The Administrator, the Administrator of the
Federal Emergency Management Agency, the
Director of the Office of Foreign Disaster Assistance, and the Surgeon General of the United
States shall jointly create and maintain an
international telemedicine satellite consultation capability to support emergency medical
services in disaster-stricken areas.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
40505 ..........
42 U.S.C. 2487f.
Source (Statutes at Large)
Pub. L. 102–588, title VI,
§ 607, Nov. 4, 1992, 106 Stat.
5131; Pub. L. 109–295, title
VI, § 612(c), Oct. 4, 2006, 120
Stat. 1410.
The words ‘‘Office of Foreign Disaster Assistance’’
are substituted for ‘‘Office of Foreign Disaster’’ to correct an error in the law.
CHAPTER 407—ENVIRONMENTALLY
FRIENDLY AIRCRAFT
Sec.
40701.
40702.
40703.
40704.
Research and development initiative.
Additional research and development initiative.
Research alignment.
Research program on perceived impact of
sonic booms.
§ 40701. Research and development initiative
The Administrator may establish an initiative
with the objective of developing, and demonstrating in a relevant environment, technologies to enable the following commercial aircraft performance characteristics:
(1) NOISE LEVELS.—Noise levels on takeoff
and on airport approach and landing that do
not exceed ambient noise levels in the absence
of flight operations in the vicinity of airports
from which such commercial aircraft would
normally operate.
(2) ENERGY CONSUMPTION.—Twenty-five percent reduction in the energy required for
medium- to long-range flights, compared to
aircraft in commercial service as of December
30, 2005.
(3) EMISSIONS.—Nitrogen oxides on take-off
and landing that are significantly reduced,
without adversely affecting hydrocarbons and
smoke, relative to aircraft in commercial
service as of December 30, 2005.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3390.)
§ 40504. Establishment of electronic data archive
The Administrator shall create and maintain
a national electronic data archive for biomedical research data obtained from spacebased experiments.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.)
HISTORICAL AND REVISION NOTES
Revised
Section
40701 ..........
Source (U.S. Code)
42 U.S.C. 16722(a).
Source (Statutes at Large)
Pub. L. 109–155, title IV,
§ 422(a), Dec. 30, 2005, 119
Stat. 2924.
Page 57
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
In paragraphs (2) and (3), the date ‘‘December 30,
2005’’ is substituted for ‘‘the date of enactment of this
Act’’ to reflect the date of enactment of the National
Aeronautics and Space Administration Authorization
Act of 2005 (Public Law 109–155, 119 Stat. 2895).
§ 40702. Additional research and development
initiative
The Administrator shall establish an initiative involving the Administration, universities,
industry, and other research organizations as
appropriate, of research, development, and demonstration, in a relevant environment, of technologies to enable the following commercial aircraft performance characteristics:
(1) NOISE LEVELS.—Noise levels on takeoff
and on airport approach and landing that do
not exceed ambient noise levels in the absence
of flight operations in the vicinity of airports
from which such commercial aircraft would
normally operate, without increasing energy
consumption or nitrogen oxide emissions compared to aircraft in commercial service as of
October 15, 2008.
(2) GREENHOUSE GAS EMISSIONS.—Significant
reductions in greenhouse gas emissions compared to aircraft in commercial services as of
October 15, 2008.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3390.)
HISTORICAL AND REVISION NOTES
Revised
Section
40702 ..........
Source (U.S. Code)
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3391.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
40704(a) ......
42 U.S.C. 17723(b).
40704(b) ......
42 U.S.C. 17723(c).
Source (Statutes at Large)
Pub. L. 110–422, title III,
§ 304(b), (c), Oct. 15, 2008,
122 Stat. 4787.
PURPOSE
Pub. L. 110–422, title III, § 304(a), Oct. 15, 2008, 122 Stat.
4787, provided that: ‘‘The ability to fly commercial aircraft over land at supersonic speeds without adverse
impacts on the environment or on local communities
would open new markets and enable new transportation
capabilities. In order to have the basis for establishing
appropriate sonic boom standards for such flight operations, a research program is needed to assess the impact in a relevant environment of commercial supersonic flight operations.’’
CHAPTER 409—MISCELLANEOUS
42 U.S.C. 17721.
Pub. L. 110–422, title III,
§ 302, Oct. 15, 2008, 122
Stat. 4786.
§ 40703. Research alignment
In addition to pursuing the research and development initiative described in section 40702 of
this title, the Administrator shall, to the maximum extent practicable within available funding, align the fundamental aeronautics research
program to address high priority technology
challenges of the National Academies’ Decadal
Survey of Civil Aeronautics, and shall work to
increase the degree of involvement of external
organizations, and especially of universities, in
the fundamental aeronautics research program.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3390.)
HISTORICAL AND REVISION NOTES
40703 ..........
booms. The data could enable the promulgation
of appropriate standards for overland commercial supersonic flight operations.
(b) COORDINATION.—The Administrator shall
ensure that sonic boom research is coordinated
as appropriate with the Administrator of the
Federal Aviation Administration, and as appropriate make use of the expertise of the Partnership for Air Transportation Noise and Emissions
Reduction Center of Excellence sponsored by the
Administration and the Federal Aviation Administration.
Source (Statutes at Large)
In paragraphs (1) and (2), the date ‘‘October 15, 2008’’
is substituted for ‘‘the date of enactment of this Act’’
to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of
2008 (Public Law 110–422, 122 Stat. 4779).
Revised
Section
§ 40704
Source (U.S. Code)
42 U.S.C. 17722.
Source (Statutes at Large)
Pub. L. 110–422, title III,
§ 303, Oct. 15, 2008, 122
Stat. 4787.
§ 40704. Research program on perceived impact
of sonic booms
(a) ESTABLISHMENT.—The Administrator shall
establish a cooperative research program with
industry, including the conduct of flight demonstrations in a relevant environment, to collect data on the perceived impact of sonic
Sec.
40901.
40902.
40903.
40904.
40905.
40906.
40907.
40908.
40909.
Science, Space, and Technology Education
Trust Fund.
National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust
Fund.
Experimental Program to Stimulate Competitive Research—merit grant competition
requirements.
Microgravity research.
Program to expand distance learning in rural
underserved areas.
Equal access to the Administration’s education programs.
Museums.
Continuation of certain education programs.
Compliance with title IX of Education
Amendments of 1972.
NASA’S CONTRIBUTION TO EDUCATION
Pub. L. 111–358, title II, § 202, Jan. 4, 2011, 124 Stat.
3993, provided that:
‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress
that NASA [National Aeronautics and Space Administration] is uniquely positioned to interest students in
science, technology, engineering, and mathematics, not
only by the example it sets, but through its education
programs.
‘‘(b) EDUCATIONAL PROGRAM GOALS.—NASA shall develop and maintain educational programs—
‘‘(1) to carry out and support research based programs and activities designed to increase student interest and participation in STEM, including students
from minority and underrepresented groups;
‘‘(2) to improve public literacy in STEM;
‘‘(3) that employ proven strategies and methods for
improving student learning and teaching in STEM;
‘‘(4) to provide curriculum support materials and
other resources that—
‘‘(A) are designed to be integrated with comprehensive STEM education;
§ 40704
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
‘‘(B) are aligned with national science education
standards;
‘‘(C) promote the adoption and implementation of
high-quality education practices that build toward
college and career-readiness; and
‘‘(5) to create and support opportunities for enhanced and ongoing professional development for
teachers using best practices that improve the STEM
content and knowledge of the teachers, including
through programs linking STEM teachers with STEM
educators at the higher education level.’’
[For definition of ‘‘STEM’’ as used in section 202 of
Pub. L. 111–358, set out above, see section 2 of Pub. L.
111–358, set out as a note under section 6621 of Title 42,
The Public Health and Welfare.]
REPORTS
Pub. L. 109–155, title I, § 102, Dec. 30, 2005, 119 Stat.
2905, provided that:
‘‘(a) NATIONAL AWARENESS CAMPAIGN.—
‘‘(1) IN GENERAL.—The Administrator [of the National Aeronautics and Space Administration] shall
implement, beginning not later than May 1, 2006, a
national awareness campaign through various media,
including print, radio, television, and the Internet, to
articulate missions, publicize recent accomplishments, and facilitate efforts to encourage young
Americans to enter the fields of science, mathematics, and engineering to help maintain United
States leadership in those fields.
‘‘(2) REPORTS.—(A) Not later than April 1, 2006, the
Administrator shall transmit a plan to the Committee on Science [now Committee on Science, Space,
and Technology] of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate describing the activities that
will be undertaken as part of the national awareness
campaign required by paragraph (1) and the expected
cost of those activities. NASA [National Aeronautics
and Space Administration] may undertake activities
as part of the national awareness campaign prior to
the transmittal of the plan required by this subparagraph, but the plan shall include a description of any
activities undertaken prior to the transmittal and
the estimated cost of those activities.
‘‘(B) Not later than three years after the date of enactment of this Act [Dec. 30, 2005], the Administrator
shall transmit to the Committee on Science of the
House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an
assessment of the impact of the national awareness
campaign.
‘‘(b) BUDGET INFORMATION.—Not later than April 30,
2006, the Administrator shall transmit to the Committee on Science [now Committee on Science, Space, and
Technology] of the House of Representatives and the
Committee on Commerce, Science, and Transportation
of the Senate a report describing—
‘‘(1) the expected cost of the Crew Exploration Vehicle through fiscal year 2020, based on the public
specifications for that development contract; and
‘‘(2) the expected budgets for each fiscal year
through 2020 for human spaceflight, aeronautics,
space science, and earth science—
‘‘(A) first assuming inflationary growth for the
budget of NASA as a whole and including costs for
the Crew Exploration Vehicle as projected under
paragraph (1); and
‘‘(B) then assuming inflationary growth for the
budget of NASA as a whole and including at least
two cost estimates for the Crew Exploration Vehicle that are higher than those projected under paragraph (1), based on NASA’s past experience with
cost increases for similar programs, along with a
description of the reasons for selecting the cost estimates used for the calculations under this subparagraph and the confidence level for each of the
cost estimates used in this section.
‘‘(c) SPACE COMMUNICATIONS PLAN.—
‘‘(1) PLAN.—The Administrator shall develop a plan,
in consultation with relevant Federal agencies, for
Page 58
updating NASA’s space communications architecture
for both low-Earth orbital operations and deep space
exploration so that it is capable of meeting NASA’s
needs over the next 20 years. The plan shall include
life-cycle cost estimates, milestones, estimated performance capabilities, and 5-year funding profiles.
The plan shall also include an estimate of the
amounts of any reimbursements NASA is likely to receive from other Federal agencies during the expected life of the upgrades described in the plan. At
a minimum, the plan shall include a description of
the following:
‘‘(A) Projected Deep Space Network requirements
for the next 20 years, including those in support of
human space exploration missions.
‘‘(B) Upgrades needed to support Deep Space Network requirements.
‘‘(C) Cost estimates for the maintenance of existing Deep Space Network capabilities.
‘‘(D) Cost estimates and schedules for the upgrades described in subparagraph (B).
‘‘(E) Projected Tracking and Data Relay Satellite
System requirements for the next 20 years, including those in support of other relevant Federal agencies.
‘‘(F) Cost and schedule estimates to maintain and
upgrade the Tracking and Data Relay Satellite System to meet projected requirements.
‘‘(2) CONSULTATIONS.—The Administrator shall consult with other relevant Federal agencies in developing the plan under this subsection.
‘‘(3) SCHEDULE.—The Administrator shall transmit
the plan under this subsection to the Committee on
Science [now Committee on Science, Space, and
Technology] of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate not later than February 17, 2007.
‘‘(d) JOINT DARK ENERGY MISSION.—The Administrator and the Director of the Department of Energy
Office of Science shall jointly transmit to the Committee on Science [now Committee on Science, Space, and
Technology] of the House of Representatives and the
Committee on Commerce, Science, and Transportation
of the Senate, not later than July 15, 2006, a report on
plans for a Joint Dark Energy Mission. The report shall
include the amount of funds each agency intends to expend on the Joint Dark Energy Mission for each of the
fiscal years 2007 through 2011, and any specific milestones for the development and launch of the Mission.
‘‘(e) OFFICE OF SCIENCE AND TECHNOLOGY POLICY.—
‘‘(1) STUDY.—As part of ongoing efforts to coordinate research and development across the Federal
agencies, the Director of the Office of Science and
Technology Policy shall conduct a study to determine—
‘‘(A) if any research and development programs of
NASA are unnecessarily duplicating aspects of programs of other Federal agencies; and
‘‘(B) if any research and development programs of
NASA are neglecting any topics of national interest
that are related to the mission of NASA.
‘‘(2) REPORT.—Not later than one year after the
date of enactment of this Act [Dec. 30, 2005], the Director of the Office of Science and Technology Policy
shall transmit to the Committee on Science [now
Committee on Science, Space, and Technology] of the
House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a
report that—
‘‘(A) describes the results of the study under paragraph (1);
‘‘(B) lists the research and development programs
of Federal agencies other than NASA that were reviewed as part of the study, which shall include any
program supporting research and development in an
area related to the programs of NASA, and the
most recent budget figures for those programs of
other agencies;
‘‘(C) recommends any changes to the research and
development programs of NASA that should be
Page 59
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
made in response to the findings of the study required by paragraph (1); and
‘‘(D) describes mechanisms the Office of Science
and Technology Policy will use to ensure adequate
coordination between NASA and Federal agencies
that operate related programs.
‘‘(3) CONTRACT.—The Director of the Office of
Science and Technology Policy may contract with a
nongovernmental entity to conduct the study required by paragraph (1).’’
REVIEW OF MUST PROGRAM
§ 40902
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3391.)
HISTORICAL AND REVISION NOTES
Revised
Section
40901 ..........
Source (U.S. Code)
42 U.S.C. 2467.
Source (Statutes at Large)
Pub. L. 100–404, title II, (par.
under heading ‘‘Science,
Space, and Technology
Education Trust Fund’’,
at 102 Stat. 1028), Aug. 19,
1988, 102 Stat. 1028; Pub. L.
103–327, title III, Sept. 28,
1994, 108 Stat. 2328.
Pub. L. 109–155, title VI, § 617, Dec. 30, 2005, 119 Stat.
2934, provided that: ‘‘Not later than 60 days after the
date of enactment of this Act [Dec. 30, 2005], the Administrator [of the National Aeronautics and Space Administration] shall transmit a report to Congress on
the legal status of the Motivating Undergraduates in
Science and Technology program. If the report concludes that the program is in compliance with the laws
of the United States, NASA [National Aeronautics and
Space Administration] shall implement the program,
as planned in the July 5, 2005, NASA Research Announcement.’’
In the first sentence, the words ‘‘the Department of
Housing and Urban Development—Independent Agencies Appropriations Act, 1989 (Public Law 100–404, 102
Stat. 1014)’’ are substituted for ‘‘this Act’’ to clarify the
reference.
In the second sentence, the words ‘‘of the Treasury’’
are inserted after ‘‘the Secretary’’ for clarity.
In the sixth sentence, the word ‘‘hereafter’’, which
appeared after ‘‘each calendar quarter’’, is omitted as
unnecessary.
DENIAL OF FINANCIAL ASSISTANCE TO CAMPUS
DISRUPTERS
§ 40902. National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust
Fund
Pub. L. 92–304, § 6, May 19, 1972, 86 Stat. 161, provided
generally that any institution of higher education deny
for a two-year period payment under programs authorized by the National Aeronautics and Space Act of 1958
(see 51 U.S.C. 20101 et seq.) to any individual attending
or employed by such institution who has been convicted of any crime committed after May 19, 1972,
which involved the use of force, disruption or seizure of
property to prevent officers or students from engaging
in their duties or pursuing their studies. Similar provisions were contained in the following prior appropriation acts:
Pub. L. 92–68, § 6, Aug. 6, 1971, 85 Stat. 177.
Pub. L. 91–303, § 6, July 2, 1970, 84 Stat. 372.
Pub. L. 91–119, § 7, Nov. 18, 1969, 83 Stat. 201.
§ 40901. Science, Space, and Technology Education Trust Fund
There is appropriated, by transfer from funds
appropriated in the Department of Housing and
Urban Development—Independent Agencies Appropriations Act, 1989 (Public Law 100–404, 102
Stat. 1014), for ‘‘Construction of facilities’’, the
sum of $15,000,000 to the ‘‘Science, Space, and
Technology Education Trust Fund’’, which is
hereby established in the Treasury of the United
States. The Secretary of the Treasury shall invest these funds in the United States Treasury
special issue securities, and interest shall be
credited to the Trust Fund on a quarterly basis.
Such interest shall be available for the purpose
of making grants for programs directed at improving science, space, and technology education in the United States. The Administrator,
after consultation with the Director of the National Science Foundation, shall review applications made for such grants and determine the
distribution of available funds on a competitive
basis. Grants shall be made available to any
awardee only to the extent that the awardee
provides matching funds from non-Federal
sources to carry out the program for which
grants from this Trust Fund are made. Of the
funds made available by this Trust Fund,
$250,000 shall be disbursed each calendar quarter
to the Challenger Center for Space Science Education. The Administrator shall submit to Congress an annual report on the grants made pursuant to this section.
(a) ESTABLISHMENT.—There is established in
the Treasury of the United States, in tribute to
the dedicated crew of the Space Shuttle Challenger, a trust fund to be known as the National
Aeronautics and Space Administration Endeavor Teacher Fellowship Trust Fund (hereafter in
this section referred to as the ‘‘Trust Fund’’).
The Trust Fund shall consist of amounts which
may from time to time, at the discretion of the
Administrator, be transferred from the National
Aeronautics and Space Administration Gifts and
Donations Trust Fund.
(b) INVESTMENT OF TRUST FUND.—The Administrator shall direct the Secretary of the Treasury to invest and reinvest funds in the Trust
Fund in public debt securities with maturities
suitable for the needs of the Trust Fund, and
bearing interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United
States of comparable maturities. Interest
earned shall be credited to the Trust Fund.
(c) PURPOSE.—Income accruing from the Trust
Fund principal shall be used to create the National Aeronautics and Space Administration
Endeavor Teacher Fellowship Program, to the
extent provided in advance in appropriation
Acts. The Administrator is authorized to use
such funds to award fellowships to selected
United States nationals who are undergraduate
students pursuing a course of study leading to
certified teaching degrees in elementary education or in secondary education in mathematics, science, or technology disciplines.
Awards shall be made pursuant to standards established for the fellowship program by the Administrator.
(d) AVAILABILITY OF FUNDS.—The interest accruing from the National Aeronautics and Space
Administration Endeavor Teacher Fellowship
Trust Fund principal shall be available in fiscal
year 2012 for the purpose of the Endeavor
Science Teacher Certificate Program.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3391;
Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125
Stat. 626.)
§ 40903
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
40902 ..........
Source (U.S. Code)
42 U.S.C. 2467a.
Revised
Section
Pub. L. 102–195, § 20, Dec. 9,
1991, 105 Stat. 1615.
40903(b) ......
40903(c) ......
40903(d) ......
AMENDMENTS
2011—Subsec. (d). Pub. L. 112–55 added subsec. (d).
§ 40903. Experimental Program to Stimulate
Competitive Research—merit grant competition requirements
(a) DEFINITION OF ELIGIBLE STATE.—In this section, the term ‘‘eligible State’’ means a State
designated by the Administrator as eligible to
compete in the National Science Foundation’s
Experimental Program to Stimulate Competitive Research.
(b) COMPETITION.—Making use of the existing
infrastructure established in eligible States by
the National Science Foundation, the Administrator shall conduct a merit grant competition
among the eligible States in areas of research
important to the mission of the Administration.
With respect to a grant application by an eligible State, the Administrator shall consider—
(1) the application’s merit and relevance to
the mission of the Administration;
(2) the potential for the grant to serve as a
catalyst to enhance the ability of researchers
in the State to become more competitive for
regular Administration funding;
(3) the potential for the grant to improve the
environment for science, mathematics, and engineering education in the State; and
(4) the need to ensure the maximum distribution of grants among eligible States, consistent with merit.
(c) SUPPLEMENTAL GRANTS.—The Administrator shall endeavor, where appropriate, to supplement grants made under subsection (b) with
such grants for fellowships, traineeships, equipment, or instrumentation as are available.
(d) INFORMATION IN ANNUAL BUDGET SUBMISSION.—In order to ensure that research expertise
and talent throughout the Nation is developed
and engaged in Administration research and
education activities, the Administration shall,
as part of its annual budget submission, detail
additional steps that can be taken to further integrate the participating eligible States in both
existing and new or emerging Administration
research programs and center activities.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3392.)
HISTORICAL AND REVISION NOTES
Revised
Section
40903(a) ......
Source (U.S. Code)
42 U.S.C. 2467b(c).
HISTORICAL AND REVISION NOTES—CONTINUED
Source (Statutes at Large)
In subsection (a), the words ‘‘The Trust Fund shall
consist of amounts’’ are substituted for ‘‘The Trust
Fund shall consist of gifts and donations accepted by
the National Aeronautics and Space Administration
pursuant to section 208 of the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2476b), as well as other
amounts’’ because the Administration’s authority to
accept gifts or donations under section 208 of the National Aeronautics and Space Act of 1958 terminated 5
years after October 30, 1987.
Source (Statutes at Large)
Pub. L. 102–588, title III,
§ 304, Nov. 4, 1992, 106 Stat.
5120.
Page 60
Source (U.S. Code)
42 U.S.C. 2467b(a).
42 U.S.C. 2467b(b).
42 U.S.C. 17781(b).
Source (Statutes at Large)
Pub. L. 110–422, title VII,
§ 704(b), Oct. 15, 2008, 122
Stat. 4802.
In subsection (d) the words ‘‘eligible States’’ are substituted for ‘‘EPSCoR States’’ for clarity and consistency in the section.
CONGRESSIONAL FINDINGS AND POLICY
Pub. L. 102–588, title III, §§ 301–303, Nov. 4, 1992, 106
Stat. 5119, provided that:
‘‘SEC. 301. SHORT TITLE.
‘‘This title [see Tables for classification] may be
cited as the ‘Experimental Program to Stimulate Competitive Research on Space and Aeronautics Act’.
‘‘SEC. 302. FINDINGS.
‘‘Congress finds that—
‘‘(1) the report of the Advisory Committee on the
Future of the United States Space Program has provided a framework within which a consensus on the
goals of the space program can be developed;
‘‘(2) the National Aeronautics and Space Administration’s space science and applications, aeronautical
research and technology, and space research and
technology programs will serve as the fulcrum for future initiatives by the United States in civil space
and aviation;
‘‘(3) colleges and universities in many States are
currently not able to compete successfully for research grants awarded by the National Aeronautics
and Space Administration through its space science
and applications, aeronautical research and technology, and space research and technology programs;
‘‘(4) balanced programs of space science and applications, aeronautical research and technology, and
space research and technology should include initiatives designed to foster competitive research capacity in all geographic areas of the Nation; and
‘‘(5) by strengthening the competitive research capacity in those geographic areas of the Nation which
are not currently fully competitive, the education
and training of scientists and engineers important to
the future of the United States civil space and aviation programs will be fostered.
‘‘SEC. 303. POLICY.
‘‘It is the policy of the United States that—
‘‘(1) the Administrator [of the National Aeronautics
and Space Administration], in planning for national
programs in space science and applications, aeronautical research, space flight, and exploration,
should ensure the resilience of the space and aeronautics research infrastructure;
‘‘(2) a stable and balanced program of space science
and applications, aeronautical research and technology, and space research and technology should include programs to assure that geographic areas of the
United States that currently do not successfully participate in competitive space and aeronautical research activities are enabled to become more competitive; and
‘‘(3) programs to improve competitive capabilities
should be a part of the research and the educational
activities of the National Aeronautics and Space Administration.’’
§ 40904. Microgravity research
The Administrator shall—
(1) ensure the capacity to support groundbased research leading to space-based basic
and applied scientific research in a variety of
disciplines with potential direct national ben-
Page 61
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
efits and applications that can be advanced
significantly from the uniqueness of microgravity and the space environment; and
(2) carry out, to the maximum extent practicable, basic, applied, and commercial International Space Station research in fields such
as molecular crystal growth, animal research,
basic fluid physics, combustion research, cellular biotechnology, low-temperature physics,
and cellular research at a level that will sustain the existing United States scientific expertise and research capability in microgravity research.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3393.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
40904(1) ......
42 U.S.C. 16655(2).
40904(2) ......
42 U.S.C. 16655(3).
§ 40908
(1) data on minority participation in the Administration’s education programs, at a minimum in the categories of—
(A) elementary and secondary education;
(B) undergraduate education; and
(C) graduate education; and
(2) the total value of grants the Administration made to Historically Black Colleges and
Universities and to Hispanic Serving Institutions through education programs during the
period covered by the report.
(c) PROGRAM.—The Administrator shall establish the Dr. Mae C. Jemison Grant Program to
work with Minority Serving Institutions to
bring more women of color into the field of
space and aeronautics.
Source (Statutes at Large)
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3393.)
Pub. L. 109–155, title III,
§ 305(2), (3), Dec. 30, 2005,
119 Stat. 2918.
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
§ 40905. Program to expand distance learning in
rural underserved areas
40906 ..........
(a) IN GENERAL.—The Administrator shall develop or expand programs to extend science and
space educational outreach to rural communities and schools through video conferencing,
interpretive exhibits, teacher education, classroom presentations, and student field trips.
(b) PRIORITIES.—In carrying out subsection (a),
the Administrator shall give priority to existing
programs, including Challenger Learning Centers—
(1) that utilize community-based partnerships in the field;
(2) that build and maintain video conference
and exhibit capacity;
(3) that travel directly to rural communities
and serve low-income populations; and
(4) with a special emphasis on increasing the
number of women and minorities in the
science and engineering professions.
In subsection (b), in the matter before paragraph (1),
the words ‘‘Every 2 years’’ are substituted for ‘‘Not
later than 1 year after the date of enactment of this
Act [December 30, 2005], and every 2 years thereafter’’
to eliminate obsolete language.
In subsection (b), in the matter before paragraph (1),
the words ‘‘Committee on Science and Technology’’ are
substituted for ‘‘Committee on Science’’ on authority
of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3393.)
HISTORICAL AND REVISION NOTES
Revised
Section
40905 ..........
Source (U.S. Code)
42 U.S.C. 16791.
Source (Statutes at Large)
Pub. L. 109–155, title VI,
§ 612, Dec. 30, 2005, 119
Stat. 2932.
§ 40906. Equal access to the Administration’s education programs
(a) IN GENERAL.—The Administrator shall
strive to ensure equal access for minority and
economically disadvantaged students to the Administration’s education programs.
(b) REPORT.—Every 2 years, the Administrator
shall submit a report to the Committee on
Science and Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate describing the efforts by the Administrator to ensure equal access for minority and economically
disadvantaged students under this section and
the results of such efforts. As part of the report,
the Administrator shall provide—
42 U.S.C. 16794.
Source (Statutes at Large)
Pub. L. 109–155, title VI,
§ 615, Dec. 30, 2005, 119
Stat. 2934.
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.
§ 40907. Museums
The Administrator may provide grants to, and
enter into cooperative agreements with, museums and planetariums to enable them to enhance programs related to space exploration,
aeronautics, space science, Earth science, or
microgravity.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.)
HISTORICAL AND REVISION NOTES
Revised
Section
40907 ..........
Source (U.S. Code)
42 U.S.C. 16795.
Source (Statutes at Large)
Pub. L. 109–155, title VI,
§ 616, Dec. 30, 2005, 119
Stat. 2934.
§ 40908. Continuation of certain education programs
From amounts appropriated to the Administration for education programs, the Administrator shall ensure the continuation of the
Space Grant Program, the Experimental Program to Stimulate Competitive Research, and,
consistent with the results of the review under
section 614 of the National Aeronautics and
Space Administration Authorization Act of 2005
(Public Law 109–155, 119 Stat. 2933), the Adminis-
§ 40909
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
tration Explorer School program, to motivate
and develop the next generation of explorers.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
40908 ..........
42 U.S.C. 16797.
Source (Statutes at Large)
Pub. L. 109–155, title VI,
§ 618, Dec. 30, 2005, 119
Stat. 2934.
REFERENCES IN TEXT
Section 614 of the National Aeronautics and Space
Administration Authorization Act of 2005, referred to
in text, was classified to former section 16793 of Title
42, The Public Health and Welfare, and was omitted
from the Code following the enactment of this title by
Pub. L. 111–314.
§ 40909. Compliance with title IX of Education
Amendments of 1972
To comply with title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), the
Administrator shall conduct compliance reviews
of at least 2 grantees annually.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
40909 ..........
42 U.S.C. 16798(b).
Source (Statutes at Large)
Pub. L. 109–155, title VI,
§ 619(b), Dec. 30, 2005, 119
Stat. 2935.
REFERENCES IN TEXT
The Education Amendments of 1972, referred to in
text, is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title
IX of the Act, known as the Patsy Takemoto Mink
Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Education. For complete classification of title IX to the
Code, see Short Title note set out under section 1681 of
Title 20 and Tables.
Subtitle V—Programs Targeting
Commercial Opportunities
CHAPTER 501—SPACE COMMERCE
SUBCHAPTER I—GENERAL
Sec.
50101.
Definitions.
SUBCHAPTER II—PROMOTION OF COMMERCIAL
SPACE OPPORTUNITIES
50111.
50112.
50113.
50114.
50115.
50116.
Commercialization of Space Station.
Promotion of United States Global Positioning System standards.
Acquisition of space science data.
Administration of commercial space centers.
Sources of Earth science data.
Commercial technology transfer program.
SUBCHAPTER III—FEDERAL ACQUISITION OF
SPACE TRANSPORTATION SERVICES
50131.
50132.
50133.
50134.
Requirement to procure commercial space
transportation services.
Acquisition of commercial space transportation services.
Shuttle privatization.
Use of excess intercontinental ballistic missiles.
Page 62
SUBCHAPTER I—GENERAL
§ 50101. Definitions
In this chapter:
(1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ means any person providing
space transportation services or other spacerelated activities, primary control of which is
held by persons other than Federal, State,
local, and foreign governments.
(2) PAYLOAD.—The term ‘‘payload’’ means
anything that a person undertakes to transport to, from, or within outer space, or in suborbital trajectory, by means of a space transportation vehicle, but does not include the
space transportation vehicle itself except for
its components which are specifically designed
or adapted for that payload.
(3) SPACE-RELATED ACTIVITIES.—The term
‘‘space-related activities’’ includes research
and development, manufacturing, processing,
service, and other associated and support activities.
(4) SPACE TRANSPORTATION SERVICES.—The
term ‘‘space transportation services’’ means
the preparation of a space transportation vehicle and its payloads for transportation to,
from, or within outer space, or in suborbital
trajectory, and the conduct of transporting a
payload to, from, or within outer space, or in
suborbital trajectory.
(5) SPACE TRANSPORTATION VEHICLE.—The
term ‘‘space transportation vehicle’’ means
any vehicle constructed for the purpose of operating in, or transporting a payload to, from,
or within, outer space, or in suborbital trajectory, and includes any component of such vehicle not specifically designed or adapted for a
payload.
(6) STATE.—The term ‘‘State’’ means each of
the several States of the Union, the District of
Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana
Islands, and any other commonwealth, territory, or possession of the United States.
(7) UNITED STATES COMMERCIAL PROVIDER.—
The term ‘‘United States commercial provider’’ means a commercial provider, organized under the laws of the United States or of
a State, that is—
(A) more than 50 percent owned by United
States nationals; or
(B) a subsidiary of a foreign company and
the Secretary of Transportation finds that—
(i) such subsidiary has in the past evidenced a substantial commitment to the
United States market through—
(I) investments in the United States in
long-term research, development, and
manufacturing (including the manufacture of major components and subassemblies); and
(II) significant contributions to employment in the United States; and
(ii) the country or countries in which
such foreign company is incorporated or
organized, and, if appropriate, in which it
principally conducts its business, affords
reciprocal treatment to companies de-
Page 63
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
scribed in subparagraph (A) comparable to
that afforded to such foreign company’s
subsidiary in the United States, as evidenced by—
(I) providing comparable opportunities
for companies described in subparagraph
(A) to participate in Government-sponsored research and development similar
to that authorized under this chapter;
(II) providing no barriers, to companies
described in subparagraph (A) with respect to local investment opportunities,
that are not provided to foreign companies in the United States; and
(III) providing adequate and effective
protection for the intellectual property
rights of companies described in subparagraph (A).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.)
HISTORICAL AND REVISION NOTES
Revised
Section
50101 ..........
Source (U.S. Code)
42 U.S.C. 14701.
Source (Statutes at Large)
Pub. L. 105–303, § 2, Oct. 28,
1998, 112 Stat. 2843.
The definition of ‘‘Administrator’’ in section 2 of the
Commercial Space Act of 1998 (Public Law 105–303, 112
Stat. 2843) is omitted as unnecessary because of the definition added by section 10101 of title 51.
SUBCHAPTER II—PROMOTION OF
COMMERCIAL SPACE OPPORTUNITIES
§ 50111. Commercialization of Space Station
(a) POLICY.—Congress declares that a priority
goal of constructing the International Space
Station is the economic development of Earth
orbital space. Congress further declares that
free and competitive markets create the most
efficient conditions for promoting economic development, and should therefore govern the economic development of Earth orbital space. Congress further declares that the use of free market principles in operating, servicing, allocating
the use of, and adding capabilities to the Space
Station, and the resulting fullest possible engagement of commercial providers and participation of commercial users, will reduce Space
Station operational costs for all partners and
the Federal Government’s share of the United
States burden to fund operations.
(b) USE OF UNITED STATES COMMERCIALLY PROVIDED SERVICES.—
(1) IN GENERAL.—In order to stimulate commercial use of space, help maximize the utility
and productivity of the International Space
Station, and enable a commercial means of
providing crew transfer and crew rescue services for the International Space Station, the
Administration shall—
(A) make use of United States commercially provided International Space Station
crew transfer and crew rescue services to the
maximum extent practicable, if those commercial services have demonstrated the capability to meet Administration-specified
ascent, entry, and International Space Station proximity operations safety requirements;
(B) limit, to the maximum extent practicable, the use of the Crew Exploration Ve-
§ 50111
hicle to missions carrying astronauts beyond
low Earth orbit once commercial crew transfer and crew rescue services that meet safety
requirements become operational;
(C) facilitate, to the maximum extent
practicable, the transfer of Administrationdeveloped technologies to potential United
States commercial crew transfer and rescue
service providers, consistent with United
States law; and
(D) issue a notice of intent, not later than
180 days after October 15, 2008, to enter into
a funded, competitively awarded Space Act
Agreement with 2 or more commercial entities for a Phase 1 Commercial Orbital Transportation Services crewed vehicle demonstration program.
(2) CONGRESSIONAL INTENT.—It is the intent
of Congress that funding for the program described in paragraph (1)(D) shall not come at
the expense of full funding of the amounts authorized under section 101(3)(A) of the National Aeronautics and Space Administration
Authorization Act of 2008 (Public Law 110–422,
122 Stat. 4783), and for future fiscal years, for
Orion Crew Exploration Vehicle development,
Ares I Crew Launch Vehicle development, or
International Space Station cargo delivery.
(3) ADDITIONAL TECHNOLOGIES.—The Administration shall make International Space Station-compatible docking adaptors and other
relevant technologies available to the commercial crew providers selected to service the
International Space Station.
(4) CREW TRANSFER AND CREW RESCUE SERVICES CONTRACT.—If a commercial provider demonstrates the capability to provide International Space Station crew transfer and crew
rescue services and to satisfy Administration
ascent, entry, and International Space Station
proximity operations safety requirements, the
Administration shall enter into an International Space Station crew transfer and crew
rescue services contract with that commercial
provider for a portion of the Administration’s
anticipated International Space Station crew
transfer and crew rescue requirements from
the time the commercial provider commences
operations under contract with the Administration through calendar year 2016, with an option to extend the period of performance
through calendar year 2020.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3396.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
50111(a) ......
42 U.S.C. 14711(a).
50111(b) ......
42 U.S.C. 17801.
Source (Statutes at Large)
Pub. L. 105–303,
§ 101(a), Oct. 28,
Stat. 2845.
Pub. L. 110–422,
§ 902, Oct. 15,
Stat. 4805.
title I,
1998, 112
title IX,
2008, 122
In subsection (b)(1)(D), the date ‘‘October 15, 2008’’ is
substituted for ‘‘the date of enactment of this Act’’ to
reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of
2008 (Public Law 110–422, 122 Stat. 4779).
REFERENCES IN TEXT
Section 101(3)(A) of the National Aeronautics and
Space Administration Authorization Act of 2008, re-
§ 50112
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
ferred to in subsec. (b)(2), is section 101(3)(A) of Pub. L.
110–422, Oct. 15, 2008, 122 Stat. 4783, which was not classified to the Code.
§ 50112. Promotion of United States Global Positioning System standards
In order to support and sustain the Global Positioning System in a manner that will most effectively contribute to the national security,
public safety, scientific, and economic interests
of the United States, Congress encourages the
President to—
(1) ensure the operation of the Global Positioning System on a continuous worldwide
basis free of direct user fees;
(2) enter into international agreements that
promote cooperation with foreign governments and international organizations to—
(A) establish the Global Positioning System and its augmentations as an acceptable
international standard; and
(B) eliminate any foreign barriers to applications of the Global Positioning System
worldwide; and
(3) provide clear direction and adequate resources to the Assistant Secretary of Commerce for Communications and Information so
that on an international basis the Assistant
Secretary can—
(A) achieve and sustain efficient management of the electromagnetic spectrum used
by the Global Positioning System; and
(B) protect that spectrum from disruption
and interference.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3397.)
HISTORICAL AND REVISION NOTES
Revised
Section
50112 ..........
Source (U.S. Code)
42 U.S.C. 14712(b).
(c) TREATMENT OF SPACE SCIENCE DATA AS
COMMERCIAL ITEM UNDER ACQUISITION LAWS.—
Acquisitions of space science data by the Administrator shall be carried out in accordance
with applicable acquisition laws and regulations
(including chapters 137 and 140 of title 10). For
purposes of such law and regulations, space
science data shall be considered to be a commercial item. Nothing in this subsection shall be
construed to preclude the United States from
acquiring, through contracts with commercial
providers, sufficient rights in data to meet the
needs of the scientific and educational community or the needs of other government activities.
(d) SAFETY STANDARDS.—Nothing in this section shall be construed to prohibit the Federal
Government from requiring compliance with applicable safety standards.
(e) LIMITATION.—This section does not authorize the Administration to provide financial assistance for the development of commercial systems for the collection of space science data.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3397.)
HISTORICAL AND REVISION NOTES
Revised
Section
50113 ..........
Pub. L. 105–303, title I, § 104(a), Oct. 28, 1998, 112 Stat.
2852, provided that: ‘‘The Congress finds that the Global
Positioning System, including satellites, signal equipment, ground stations, data links, and associated command and control facilities, has become an essential
element in civil, scientific, and military space development because of the emergence of a United States commercial industry which provides Global Positioning
System equipment and related services.’’
§ 50113. Acquisition of space science data
(a) DEFINITION OF SPACE SCIENCE DATA.—In
this section, the term ‘‘space science data’’ includes scientific data concerning—
(1) the elemental and mineralogical resources of the moon, asteroids, planets and
their moons, and comets;
(2) microgravity acceleration; and
(3) solar storm monitoring.
(b) ACQUISITION FROM
ERS.—The Administrator
COMMERCIAL PROVIDshall, to the extent
possible and while satisfying the scientific or
educational requirements of the Administration,
and where appropriate, of other Federal agencies
and scientific researchers, acquire, where cost
effective, space science data from a commercial
provider.
Source (Statutes at Large)
Pub. L. 105–303, title I, § 105,
Oct. 28, 1998, 112 Stat. 2852.
The Administrator shall administer the Commercial Space Center program in a coordinated
manner from Administration headquarters in
Washington, D.C.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3398.)
HISTORICAL AND REVISION NOTES
Revised
Section
50114 ..........
FINDING
Source (U.S. Code)
42 U.S.C. 14713.
§ 50114. Administration of commercial space centers
Source (Statutes at Large)
Pub. L. 105–303, title I,
§ 104(b), Oct. 28, 1998, 112
Stat. 2852.
Page 64
Source (U.S. Code)
42 U.S.C. 14714.
Source (Statutes at Large)
Pub. L. 105–303, title I, § 106,
Oct. 28, 1998, 112 Stat. 2853.
§ 50115. Sources of Earth science data
(a) ACQUISITION.—The Administrator shall, to
the extent possible and while satisfying the scientific or educational requirements of the Administration, and where appropriate, of other
Federal agencies and scientific researchers, acquire, where cost-effective, space-based and airborne Earth remote sensing data, services, distribution, and applications from a commercial
provider.
(b) TREATMENT AS COMMERCIAL ITEM UNDER
ACQUISITION LAWS.—Acquisitions by the Administrator of the data, services, distribution, and
applications referred to in subsection (a) shall
be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10). For purposes of such
law and regulations, such data, services, distribution, and applications shall be considered
to be a commercial item. Nothing in this subsection shall be construed to preclude the
United States from acquiring, through contracts
with commercial providers, sufficient rights in
data to meet the needs of the scientific and educational community or the needs of other government activities.
Page 65
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(c) SAFETY STANDARDS.—Nothing in this section shall be construed to prohibit the Federal
Government from requiring compliance with applicable safety standards.
(d) ADMINISTRATION AND EXECUTION.—This section shall be carried out as part of the Commercial Remote Sensing Program at the Stennis
Space Center.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3398.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
50115(a) ......
42 U.S.C. 14715(a).
50115(b) ......
50115(c) ......
50115(d) ......
42 U.S.C. 14715(b).
42 U.S.C. 14715(d).
42 U.S.C. 14715(e).
Source (Statutes at Large)
Pub. L. 105–303, title I,
§ 107(a), (b), (d), (e), Oct.
28, 1998, 112 Stat. 2853,
2854.
§ 50116. Commercial technology transfer program
(a) IN GENERAL.—The Administrator shall execute a commercial technology transfer program
with the goal of facilitating the exchange of
services, products, and intellectual property between the Administration and the private sector. This program shall place at least as much
emphasis on encouraging the transfer of Administration technology to the private sector
(‘‘spinning out’’) as on encouraging use of private sector technology by the Administration.
This program shall be maintained in a manner
that provides clear benefits for the Administration, the domestic economy, and the research
community.
(b) PROGRAM STRUCTURE.—In carrying out the
program described in subsection (a), the Administrator shall provide program participants with
at least 45 days notice of any proposed changes
to the structure of the Administration’s technology transfer and commercialization organizations that is in effect as of December 30, 2005.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3399.)
HISTORICAL AND REVISION NOTES
Revised
Section
50116 ..........
Source (U.S. Code)
42 U.S.C. 16811.
Source (Statutes at Large)
Pub. L. 109–155, title VI,
§ 621, Dec. 30, 2005, 119
Stat. 2935.
This section restates provisions originally enacted as
part of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155,
119 Stat. 2895), and not as part of the Commercial Space
Act of 1998 (Public Law 105–303, 112 Stat. 2843), which is
generally restated in this chapter.
In subsection (a), in the last sentence, the word ‘‘Administration’’ is substituted for ‘‘agency’’ for clarity
and because of the definition of ‘‘Administration’’
added by section 10101 of title 51.
In subsection (b), the date ‘‘December 30, 2005’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enactment of the National Aeronautics
and Space Administration Authorization Act of 2005
(Public Law 109–155, 119 Stat. 2895).
SUBCHAPTER III—FEDERAL ACQUISITION
OF SPACE TRANSPORTATION SERVICES
§ 50131. Requirement to procure commercial
space transportation services
(a) IN GENERAL.—Except as otherwise provided
in this section, the Federal Government shall
§ 50131
acquire space transportation services from
United States commercial providers whenever
such services are required in the course of its activities. To the maximum extent practicable,
the Federal Government shall plan missions to
accommodate the space transportation services
capabilities of United States commercial providers.
(b) EXCEPTIONS.—The Federal Government
shall not be required to acquire space transportation services under subsection (a) if, on a caseby-case basis, the Administrator or, in the case
of a national security issue, the Secretary of the
Air Force, determines that—
(1) a payload requires the unique capabilities
of the space shuttle;
(2) cost effective space transportation services that meet specific mission requirements
would not be reasonably available from United
States commercial providers when required;
(3) the use of space transportation services
from United States commercial providers
poses an unacceptable risk of loss of a unique
scientific opportunity;
(4) the use of space transportation services
from United States commercial providers is
inconsistent with national security objectives;
(5) the use of space transportation services
from United States commercial providers is
inconsistent with international agreements
for international collaborative efforts relating
to science and technology;
(6) it is more cost effective to transport a
payload in conjunction with a test or demonstration of a space transportation vehicle
owned by the Federal Government; or
(7) a payload can make use of the available
cargo space on a space shuttle mission as a
secondary payload, and such payload is consistent with the requirements of research, development, demonstration, scientific, commercial, and educational programs authorized
by the Administrator.
(c) AGREEMENTS WITH FOREIGN ENTITIES.—
Nothing in this section shall prevent the Administrator from planning or negotiating agreements with foreign entities for the launch of
Federal Government payloads for international
collaborative efforts relating to science and
technology.
(d) DELAYED EFFECT.—Subsection (a) shall not
apply to space transportation services and space
transportation vehicles acquired or owned by
the Federal Government before October 28, 1998,
or with respect to which a contract for such acquisition or ownership has been entered into before October 28, 1998.
(e) HISTORICAL PURPOSES.—This section shall
not be construed to prohibit the Federal Government from acquiring, owning, or maintaining
space transportation vehicles solely for historical display purposes.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3399.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
50131(a) ......
42 U.S.C. 14731(a).
50131(b) ......
42 U.S.C. 14731(b)
(less last sentence).
Source (Statutes at Large)
Pub. L. 105–303, title II, § 201,
Oct. 28, 1998, 112 Stat. 2854.
§ 50132
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
50131(c) ......
50131(d) ......
50131(e) ......
Source (U.S. Code)
Source (Statutes at Large)
42 U.S.C. 14731(b)
(last sentence).
42 U.S.C. 14731(c).
42 U.S.C. 14731(d).
In subsection (d), the date ‘‘October 28, 1998’’ is substituted for ‘‘the date of the enactment of this Act’’
and for ‘‘such date’’ to reflect the date of enactment of
the Commercial Space Act of 1998 (Public Law 105–303,
112 Stat. 2843).
§ 50132. Acquisition of commercial space transportation services
(a) TREATMENT OF COMMERCIAL SPACE TRANSPORTATION SERVICES AS COMMERCIAL ITEM UNDER
ACQUISITION LAWS.—Acquisitions of space transportation services by the Federal Government
shall be carried out in accordance with applicable acquisition laws and regulations (including
chapters 137 and 140 of title 10). For purposes of
such law and regulations, space transportation
services shall be considered to be a commercial
item.
(b) SAFETY STANDARDS.—Nothing in this section shall be construed to prohibit the Federal
Government from requiring compliance with applicable safety standards.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400.)
HISTORICAL AND REVISION NOTES
Revised
Section
50132 ..........
Source (U.S. Code)
42 U.S.C. 14732.
Source (Statutes at Large)
Pub. L. 105–303, title II, § 202,
Oct. 28, 1998, 112 Stat. 2855.
§ 50133. Shuttle privatization
The Administrator shall prepare for an orderly
transition from the Federal operation, or Federal management of contracted operation, of
space transportation systems to the Federal
purchase of commercial space transportation
services for all nonemergency space transportation requirements for transportation to and
from Earth orbit, including human, cargo, and
mixed payloads. In those preparations, the Administrator shall take into account the need for
short-term economies, as well as the goal of restoring the Administration’s research focus and
its mandate to promote the fullest possible commercial use of space. As part of those preparations, the Administrator shall plan for the potential privatization of the space shuttle program. Such plan shall keep safety and cost effectiveness as high priorities. Nothing in this section shall prohibit the Administration from
studying, designing, developing, or funding upgrades or modifications essential to the safe and
economical operation of the space shuttle fleet.
§ 50134. Use of excess intercontinental ballistic
missiles
(a) IN GENERAL.—The Federal Government
shall not—
(1) convert any missile described in subsection (c) to a space transportation vehicle
configuration; or
(2) transfer ownership of any such missile to
another person, except as provided in subsection (b).
(b) AUTHORIZED FEDERAL USES.—
(1) IN GENERAL.—A missile described in subsection (c) may be converted for use as a space
transportation vehicle by the Federal Government if, except as provided in paragraph (2)
and at least 30 days before such conversion,
the agency seeking to use the missile as a
space transportation vehicle transmits to the
Committee on Armed Services and the Committee on Science and Technology of the
House of Representatives, and to the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the
Senate, a certification that the use of such
missile—
(A) would result in cost savings to the Federal Government when compared to the cost
of acquiring space transportation services
from United States commercial providers;
(B) meets all mission requirements of the
agency, including performance, schedule,
and risk requirements;
(C) is consistent with international obligations of the United States; and
(D) is approved by the Secretary of Defense or the designee of the Secretary of Defense.
(2) EXCEPTION TO REQUIREMENT THAT CERTIFICATION BE TRANSMITTED 30 DAYS BEFORE CONVERSION.—The requirement under paragraph
(1) that the certification described in that
paragraph must be transmitted at least 30
days before conversion of the missile shall not
apply if the Secretary of Defense determines
that compliance with that requirement would
be inconsistent with meeting immediate national security requirements.
(c) MISSILES REFERRED TO.—The missiles referred to in this section are missiles owned by
the United States that—
(1) were formerly used by the Department of
Defense for national defense purposes as intercontinental ballistic missiles; and
(2) have been declared excess to United
States national defense needs and are in compliance with international obligations of the
United States.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400.)
HISTORICAL AND REVISION NOTES
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400.)
Revised
Section
HISTORICAL AND REVISION NOTES
50134 ..........
Revised
Section
50133 ..........
Source (U.S. Code)
42 U.S.C. 14733(a).
Source (Statutes at Large)
Pub. L. 105–303, title II,
§ 204(a), Oct. 28, 1998, 112
Stat. 2856.
Page 66
Source (U.S. Code)
42 U.S.C. 14734.
Source (Statutes at Large)
Pub. L. 105–303, title II, § 205,
Oct. 28, 1998, 112 Stat. 2857;
Pub. L. 106–65, div. A, title
X, § 1067(21), Oct. 5, 1999,
113 Stat. 775.
In subsection (b)(1), in the matter before subparagraph (A), the words ‘‘Committee on Science and Tech-
Page 67
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
nology’’ are substituted for ‘‘Committee on Science’’ on
authority of Rule X(1)(o) of the Rules of the House of
Representatives, adopted by House Resolution No. 6
(110th Congress, January 5, 2007).
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
CHAPTER 503—COMMERCIAL REUSABLE INSPACE TRANSPORTATION
Sec.
50301.
50302.
Definitions.
Loan guarantees for production of commercial reusable in-space transportation.
§ 50301. Definitions
In this chapter:
(1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ means any person or entity
providing commercial reusable in-orbit space
transportation services or systems, primary
control of which is held by persons other than
the Federal Government, a State or local government, or a foreign government.
(2) IN-SPACE TRANSPORTATION SERVICES.—The
term
‘‘in-space
transportation
services’’
means operations and activities involved in
the direct transportation or attempted transportation of a payload or object from one orbit
to another by means of an in-space transportation vehicle.
(3) IN-SPACE TRANSPORTATION SYSTEM.—The
term ‘‘in-space transportation system’’ means
the space and ground elements, including inspace transportation vehicles and support
space systems, and ground administration and
control facilities and associated equipment,
necessary for the provision of in-space transportation services.
(4) IN-SPACE TRANSPORTATION VEHICLE.—The
term ‘‘in-space transportation vehicle’’ means
a vehicle designed—
(A) to be based and operated in space;
(B) to transport various payloads or objects from one orbit to another orbit; and
(C) to be reusable and refueled in space.
(5) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of Defense.
(6) UNITED STATES COMMERCIAL PROVIDER.—
The term ‘‘United States commercial provider’’ means any commercial provider organized under the laws of the United States that
is more than 50 percent owned by United
States nationals.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3401.)
HISTORICAL AND REVISION NOTES
Revised
Section
50301 ..........
Source (U.S. Code)
42 U.S.C. 14753.
Source (Statutes at Large)
Pub. L. 107–248, title IX,
§ 904, Oct. 23, 2002, 116
Stat. 1576.
FINDINGS
Pub. L. 107–248, title IX, § 902, Oct. 23, 2002, 116 Stat.
1573, provided that: ‘‘Congress makes the following
findings:
§ 50302
‘‘(1) It is in the national interest to encourage the
production of cost-effective, in-space transportation
systems, which would be built and operated by the
private sector on a commercial basis.
‘‘(2) The use of reusable in-space transportation
systems will enhance performance levels of in-space
operations, enhance efficient and safe disposal of satellites at the end of their useful lives, and increase
the capability and reliability of existing ground-tospace launch vehicles.
‘‘(3) Commercial reusable in-space transportation
systems will enhance the economic well-being and
national security of the United States by reducing
space operations costs for commercial and national
space programs and by adding new space capabilities
to space operations.
‘‘(4) Commercial reusable in-space transportation
systems will provide new cost-effective space capabilities (including orbital transfers from low altitude
orbits to high altitude orbits and return, the correction of erroneous satellite orbits, and the recovery,
refurbishment, and refueling of satellites) and the
provision of upper stage functions to increase groundto-orbit launch vehicle payloads to geostationary and
other high energy orbits.
‘‘(5) Commercial reusable in-space transportation
systems can enhance and enable the space exploration of the United States by providing lower cost
trajectory injection from earth orbit, transit trajectory control, and planet arrival deceleration to support potential National Aeronautics and Space Administration missions to Mars, Pluto, and other planets.
‘‘(6) Satellites stranded in erroneous earth orbit due
to deficiencies in their launch represent substantial
economic loss to the United States and present substantial concerns for the current backlog of national
space assets.
‘‘(7) Commercial reusable in-space transportation
systems can provide new options for alternative planning approaches and risk management to enhance the
mission assurance of national space assets.
‘‘(8) Commercial reusable in-space transportation
systems developed by the private sector can provide
in-space transportation services to the National
Aeronautics and Space Administration, the Department of Defense, the National Reconnaissance Office,
and other agencies without the need for the United
States to bear the cost of production of such systems.
‘‘(9) The availability of loan guarantees, with the
cost of credit risk to the United States paid by the
private-sector, is an effective means by which the
United States can help qualifying private-sector companies secure otherwise unattainable private financing for the production of commercial reusable inspace transportation systems, while at the same time
minimizing Government commitment and involvement in the development of such systems.’’
§ 50302. Loan guarantees for production of commercial reusable in-space transportation
(a) AUTHORITY TO MAKE LOAN GUARANTEES.—
The Secretary may guarantee loans made to eligible United States commercial providers for
purposes of producing commercial reusable inspace transportation services or systems.
(b) ELIGIBLE UNITED STATES COMMERCIAL PROVIDERS.—The Secretary shall prescribe requirements for the eligibility of United States commercial providers for loan guarantees under this
section. Such requirements shall ensure that eligible providers are financially capable of undertaking a loan guaranteed under this section.
(c) LIMITATION ON LOANS GUARANTEED.—The
Secretary may not guarantee a loan for a United
States commercial provider under this section
unless the Secretary determines that credit
§ 50302
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
would not otherwise be reasonably available at
the time of the guarantee for the commercial reusable in-space transportation service or system
to be produced utilizing the proceeds of the loan.
(d) CREDIT SUBSIDY.—
(1) COLLECTION REQUIRED.—The Secretary
shall collect from each United States commercial provider receiving a loan guarantee under
this section an amount equal to the amount,
as determined by the Secretary, to cover the
cost, as defined in section 502(5) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of
the loan guarantee.
(2) PERIODIC DISBURSEMENTS.—In the case of
a loan guarantee in which proceeds of the loan
are disbursed over time, the Secretary shall
collect the amount required under this subsection on a pro rata basis, as determined by
the Secretary, at the time of each disbursement.
(e) OTHER TERMS AND CONDITIONS.—
(1) PROHIBITION ON SUBORDINATION.—A loan
guaranteed under this section may not be subordinated to another debt contracted by the
United States commercial provider concerned,
or to any other claims against such provider.
(2) RESTRICTION ON INCOME.—A loan guaranteed under this section may not—
(A) provide income which is excluded from
gross income for purposes of chapter 1 of the
Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.); or
(B) provide significant collateral or security, as determined by the Secretary, for
other obligations the income from which is
so excluded.
(3) TREATMENT OF GUARANTEE.—The guarantee of a loan under this section shall be conclusive evidence of the following:
(A) That the guarantee has been properly
obtained.
(B) That the loan qualifies for the guarantee.
(C) That, but for fraud or material misrepresentation by the holder of the loan, the
guarantee is valid, legal, and enforceable.
Page 68
ject to the terms of a loan guaranteed under
this section, upon the default of a United
States commercial provider under the loan,
the Secretary may, at the election of the Secretary—
(A) assume control of the physical asset financed by the loan; and
(B) complete, recondition, reconstruct,
renovate, repair, maintain, operate, or sell
the physical asset.
(g) CREDIT INSTRUMENTS.—
(1) AUTHORITY TO ISSUE INSTRUMENTS.—Notwithstanding any other provision of law, the
Secretary may, subject to such terms and conditions as the Secretary considers appropriate,
issue credit instruments to United States
commercial providers of in-space transportation services or systems, with the aggregate
cost (as determined under the provisions of
the Federal Credit Reform Act of 1990 (2 U.S.C.
661 et seq.)) of such instruments not to exceed
$1,500,000,000, but only to the extent that new
budget authority to cover such costs is provided in subsequent appropriations Acts or authority is otherwise provided in subsequent
appropriations Acts.
(2) CREDIT SUBSIDY.—The Secretary shall
provide a credit subsidy for any credit instrument issued under this subsection in accordance with the provisions of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
(3) CONSTRUCTION.—The eligibility of a
United States commercial provider of in-space
transportation services or systems for a credit
instrument under this subsection is in addition to any eligibility of such provider for a
loan guarantee under other provisions of this
section.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3402.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
50302 ..........
42 U.S.C. 14752.
Source (Statutes at Large)
Pub. L. 107–248, title IX,
§ 903, Oct. 23, 2002, 116
Stat. 1574.
(4) OTHER TERMS AND CONDITIONS.—The Secretary may establish any other terms and conditions for a guarantee of a loan under this
section as the Secretary considers appropriate
to protect the financial interests of the United
States.
In subsection (f)(2), the word ‘‘forbear’’ is substituted
for ‘‘forebear’’ to correct an error in the law.
In subsection (g)(1), the words ‘‘services or systems’’
are substituted for ‘‘services or system’’ to correct an
error in the law.
(f) ENFORCEMENT OF RIGHTS.—
(1) IN GENERAL.—The Attorney General may
take any action the Attorney General considers appropriate to enforce any right accruing
to the United States under a loan guarantee
under this section.
(2) FORBEARANCE.—The Attorney General
may, with the approval of the parties concerned, forbear from enforcing any right of the
United States under a loan guaranteed under
this section for the benefit of a United States
commercial provider if such forbearance will
not result in any cost, as defined in section
502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5)), to the United States.
(3) UTILIZATION OF PROPERTY.—Notwithstanding any other provision of law and sub-
The Federal Credit Reform Act of 1990, referred to in
subsec. (g)(1), (2), is title V of Pub. L. 93–344, as added
by Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990, 104
Stat. 1388–609, which is classified generally to subchapter III (§ 661 et seq.) of chapter 17A of Title 2, The
Congress. For complete classification of this Act to the
Code, see Short Title note set out under section 621 of
Title 2 and Tables.
REFERENCES IN TEXT
CHAPTER 505—COMMERCIAL SPACE
COMPETITIVENESS
Sec.
50501.
50502.
50503.
50504.
50505.
50506.
Definitions.
Launch voucher demonstration program.
Anchor tenancy and termination liability.
Use of Government facilities.
Test facilities.
Commercial Space Achievement Award.
Page 69
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
§ 50501. Definitions
In this chapter:
(1) AGENCY.—The term ‘‘agency’’ means an
executive agency as defined in section 105 of
title 5.
(2) ANCHOR TENANCY.—The term ‘‘anchor tenancy’’ means an arrangement in which the
United States Government agrees to procure
sufficient quantities of a commercial space
product or service needed to meet Government
mission requirements so that a commercial
venture is made viable.
(3) COMMERCIAL.—The term ‘‘commercial’’
means having—
(A) private capital at risk; and
(B) primary financial and management responsibility for the activity reside with the
private sector.
(4) COST EFFECTIVE.—The term ‘‘cost effective’’ means costing no more than the available alternatives, determined by a comparison
of all related direct and indirect costs including, in the case of Government costs, applicable Government labor and overhead costs as
well as contractor charges, and taking into account the ability of each alternative to accommodate mission requirements as well as the
related factors of risk, reliability, schedule,
and technical performance.
(5) LAUNCH.—The term ‘‘launch’’ means to
place, or attempt to place, a launch vehicle
and its payload, if any, in a suborbital trajectory, in Earth orbit in outer space, or otherwise in outer space.
(6) LAUNCH SERVICES.—The term ‘‘launch
services’’ means activities involved in the
preparation of a launch vehicle and its payload for launch and the conduct of a launch.
(7) LAUNCH SUPPORT FACILITIES.—The term
‘‘launch support facilities’’ means facilities located at launch sites or launch ranges that are
required to support launch activities, including launch vehicle assembly, launch vehicle
operations and control, communications,
flight safety functions, and payload operations, control, and processing.
(8) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any vehicle constructed for the
purpose of operating in or placing a payload in
outer space or in suborbital trajectories, and
includes components of that vehicle.
(9) PAYLOAD.—The term ‘‘payload’’ means an
object which a person undertakes to launch,
and includes subcomponents of the launch vehicle specifically designed or adapted for that
object.
(10) PAYLOAD INTEGRATION SERVICES.—The
term ‘‘payload integration services’’ means activities involved in integrating multiple payloads into a single payload for launch or integrating a payload with a launch vehicle.
(11) SPACE RECOVERY SUPPORT FACILITIES.—
The term ‘‘space recovery support facilities’’
means facilities required to support activities
related to the recovery of payloads returned
from space to a space recovery site, including
operations and control, communications,
flight safety functions, and payload processing.
(12) SPACE TRANSPORTATION INFRASTRUCTURE.—The term ‘‘space transportation infra-
§ 50501
structure’’ means facilities, associated equipment, and real property (including launch
sites, launch support facilities, space recovery
sites, and space recovery support facilities) required to perform launch or space recovery activities.
(13) STATE.—The term ‘‘State’’ means the
several States, the District of Columbia, Puerto Rico, American Samoa, the United States
Virgin Islands, Guam, the Northern Mariana
Islands, and any other commonwealth, territory, or possession of the United States.
(14) UNITED STATES.—The term ‘‘United
States’’ means the States, collectively.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3404.)
HISTORICAL AND REVISION NOTES
Revised
Section
50501 ..........
Source (U.S. Code)
15 U.S.C. 5802.
Source (Statutes at Large)
Pub. L. 102–588, title V, § 502,
Nov. 4, 1992, 106 Stat. 5123.
FINDINGS
Pub. L. 102–588, title V, § 501, Nov. 4, 1992, 106 Stat.
5122, provided that: ‘‘The Congress finds that—
‘‘(1) commercial activities of the private sector
have substantially contributed to the strength of
both the United States space program and the national economy;
‘‘(2) a robust United States space transportation capability remains a vital cornerstone of the United
States space program;
‘‘(3) the availability of commercial launch services
is essential for the continued growth of the United
States commercial space sector;
‘‘(4) a timely extension of the excess third party
claims payment provisions of the Commercial Space
Launch Act [now 51 U.S.C. 50901 et seq.] is appropriate and necessary to enable the private sector to
continue covering maximum probable liability risks
while protecting the private sector from uninsurable
levels of liability which could hinder international
competitiveness;
‘‘(5) a program to demonstrate how recipients of
Federal grants can purchase launch services directly
from the private sector has the potential to improve
the capabilities of the United States commercial
launch industry;
‘‘(6) improvements and additions to the Nation’s
space transportation infrastructure contribute to a
robust and cost effective space transportation capability for both public sector and private sector users;
‘‘(7) private sector use of available Government facilities on a reimbursable basis contributes to a
stronger commercial space sector;
‘‘(8) the Federal Government should purchase space
goods and services which are commercially available,
or could be made available commercially in response
to a Government procurement request, whenever
such goods or services meet Government mission requirements in a cost effective manner;
‘‘(9) it is appropriate for the Government to act as
an anchor tenant for commercial space development
projects which have a reasonable potential to develop
non-Federal markets and which meet Federal needs
in a cost effective manner; and
‘‘(10) the provision of compensation to commercial
providers of space goods and services for termination
of contracts at the convenience of the Government
assists in enabling the private sector to invest in
space activities which are initially dependent on Government purchases.’’
[For definition of terms used in section 501 of Pub. L.
102–588, set out above, see section 502 of Pub. L. 102–588,
title V, Nov. 4, 1992, 106 Stat. 5123, which was classified
to former section 5802 of Title 15, Commerce and Trade,
§ 50502
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
Page 70
and was repealed and reenacted as this section by Pub.
L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444.]
(2) FIXED SCHEDULE OF PAYMENTS AND LIMITATION ON LIABILITY.—Contracts that provide for
§ 50502. Launch voucher demonstration program
the payment of termination liability, as described in paragraph (1), shall include a fixed
schedule of such termination liability payments. Liability under such contracts shall
not exceed the total payments which the Government would have made after the date of
termination to purchase the good or service if
the contract were not terminated.
(3) USE OF FUNDS.—Subject to appropriations, funds available for such termination liability payments may be used for purchase of
the good or service upon successful delivery of
the good or service pursuant to the contract.
In such case, sufficient funds shall remain
available to cover any remaining termination
liability.
(a) REQUIREMENT TO ESTABLISH PROGRAM.—
The Administrator shall establish a demonstration program to award vouchers for the payment
of commercial launch services and payload integration services for the purpose of launching
payloads funded by the Administration.
(b) AWARD OF VOUCHERS.—The Administrator
shall award vouchers under subsection (a) to appropriate individuals as a part of grants administered by the Administration for the launch
of—
(1) payloads to be placed in suborbital trajectories; and
(2) small payloads to be placed in orbit.
(c) ASSISTANCE.—The Administrator may provide voucher award recipients with such assistance (including contract formulation and technical support during the proposal evaluation) as
may be necessary to ensure the purchase of cost
effective and reasonably reliable commercial
launch services and payload integration services.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3405.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50502 ..........
15 U.S.C. 5803(a)–(c).
Pub. L. 102–588, title V,
§ 504(a)–(c), Nov. 4, 1992,
106 Stat. 5124; Pub. L.
105–303, title I, § 103, Oct.
28, 1998, 112 Stat. 2851.
In subsection (a), the words ‘‘to become effective October 1, 1993’’, which appeared at the end, are omitted
as obsolete.
(c) LIMITATIONS.—
(1) DURATION.—Contracts entered into under
this section shall not exceed 10 years in duration.
(2) FIXED PRICE.—Such contracts shall provide for delivery of the good or service on a
firm, fixed price basis.
(3) PERFORMANCE SPECIFICATIONS.—To the extent practicable, reasonable performance specifications shall be used to define technical requirements in such contracts.
(4) FAILURE TO PERFORM.—In any such contract, the appropriate Administrator shall reserve the right to completely or partially terminate the contract without payment of such
termination liability because of the contractor’s actual or anticipated failure to perform
its contractual obligations.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3405.)
HISTORICAL AND REVISION NOTES
§ 50503. Anchor tenancy and termination liability
Revised
Section
(a) ANCHOR TENANCY CONTRACTS.—Subject to
appropriations, the Administrator or the Administrator of the National Oceanic and Atmospheric Administration may enter into multiyear
anchor tenancy contracts for the purchase of a
good or service if the appropriate Administrator
determines that—
(1) the good or service meets the mission requirements of the Administration or the National Oceanic and Atmospheric Administration, as appropriate;
(2) the commercially procured good or service is cost effective;
(3) the good or service is procured through a
competitive process;
(4) existing or potential customers for the
good or service other than the United States
Government have been specifically identified;
(5) the long-term viability of the venture is
not dependent upon a continued Government
market or other nonreimbursable Government
support; and
(6) private capital is at risk in the venture.
50503 ..........
(b) TERMINATION LIABILITY.—
(1) IN GENERAL.—Contracts entered into
under subsection (a) may provide for the payment of termination liability in the event that
the Government terminates such contracts for
its convenience.
Source (U.S. Code)
15 U.S.C. 5806.
Source (Statutes at Large)
Pub. L. 102–588, title V, § 507,
Nov. 4, 1992, 106 Stat. 5127.
§ 50504. Use of Government facilities
(a) AUTHORITY.—
(1) IN GENERAL.—Federal agencies, including
the Administration and the Department of Defense, may allow non-Federal entities to use
their space-related facilities on a reimbursable
basis if the Administrator, the Secretary of
Defense, or the appropriate agency head determines that—
(A) the facilities will be used to support
commercial space activities;
(B) such use can be supported by existing
or planned Federal resources;
(C) such use is compatible with Federal activities;
(D) equivalent commercial services are not
available on reasonable terms; and
(E) such use is consistent with public safety, national security, and international treaty obligations.
(2) CONSULTATION.—In carrying out paragraph (1)(E), each agency head shall consult
with appropriate Federal officials.
(b) REIMBURSEMENT PAYMENT.—
(1) AMOUNT.—The reimbursement referred to
in subsection (a) may be an amount equal to
Page 71
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
the direct costs (including salaries of United
States civilian and contractor personnel) incurred by the United States as a result of the
use of such facilities by the private sector. For
the purposes of this paragraph, the term ‘‘direct costs’’ means the actual costs that can be
unambiguously associated with such use, and
would not be borne by the United States Government in the absence of such use.
(2) CREDIT TO APPROPRIATION.—The amount
of any payment received by the United States
for use of facilities under this subsection shall
be credited to the appropriation from which
the cost of providing such facilities was paid.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3406.)
HISTORICAL AND REVISION NOTES
Revised
Section
50504 ..........
Source (U.S. Code)
15 U.S.C. 5807.
Source (Statutes at Large)
Pub. L. 102–588, title V, § 508,
Nov. 4, 1992, 106 Stat. 5128.
§ 50505. Test facilities
(a) CHARGES.—The Administrator shall establish a policy of charging users of the Administration’s test facilities for the costs associated
with their tests at a level that is competitive
with alternative test facilities. The Administrator shall not implement a policy of seeking
full cost recovery for a facility until at least 30
days after transmitting a notice to the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(b) FUNDING ACCOUNT.—In planning and budgeting, the Administrator shall establish a funding account that shall be used for all test facilities. The account shall be sufficient to maintain
the viability of test facilities during periods of
low utilization.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3407.)
HISTORICAL AND REVISION NOTES
Revised
Section
50505 ..........
Source (U.S. Code)
42 U.S.C. 16634.
Source (Statutes at Large)
award shall consist of a medal, which shall be of
such design and materials and bear such inscriptions as determined by the Secretary of Commerce. A cash prize may also be awarded if funding for the prize is available under subsection
(d).
(b) CRITERIA FOR AWARD.—The Secretary of
Commerce shall periodically make awards under
this section to individuals, corporations, corporate divisions, or corporate subsidiaries substantially engaged in commercial space activities that in the opinion of the Secretary of Commerce best meet the following criteria:
(1) NON-GOVERNMENTAL REVENUE.—For corporate entities, at least half of the revenues
from the space-related activities of the corporation, division, or subsidiary is derived
from sources other than the United States
Government.
(2) SUBSTANTIAL CONTRIBUTION.—The activities and achievements of the individual, corporation, division, or subsidiary have substantially contributed to the United States gross
national product and the stature of United
States industry in international markets, with
due consideration for both the economic magnitude and the technical quality of the activities and achievements.
(3) SUBSTANTIAL ADVANCEMENT OF TECHNOLOGY.—The individual, corporation, division, or subsidiary has substantially advanced
space technology and space applications directly related to commercial space activities.
(c) LIMITATIONS.—No individual or corporate
entity may receive an award under this section
more than once every 5 years.
(d) FUNDING FOR AWARD.—The Secretary of
Commerce may seek and accept gifts of money
from public and private sources for the purpose
of making cash prize awards under this section.
Such money may be used only for that purpose,
and only such money may be used for that purpose. The Secretary of Commerce shall make
publicly available an itemized list of the sources
of such funding.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3407.)
Pub. L. 109–155, title II, § 205,
Dec. 30, 2005, 119 Stat.
2916.
This section restates provisions originally enacted as
part of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155,
119 Stat. 2895), and not as part of title V of the National
Aeronautics and Space Administration Authorization
Act, Fiscal Year 1993 (Public Law 102–588, 106 Stat.
5107), which is generally restated in this chapter.
In subsection (a), the words ‘‘Committee on Science
and Technology’’ are substituted for ‘‘Committee on
Science’’ on authority of Rule X(1)(o) of the Rules of
the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
§ 50506
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
50506 ..........
15 U.S.C. 5808.
Source (Statutes at Large)
Pub. L. 102–588, title V, § 510,
Nov. 4, 1992, 106 Stat. 5129.
In subsection (b), in the matter before paragraph (1),
the words ‘‘The Secretary of Commerce shall periodically make awards’’ are substituted for ‘‘The Secretary
of Commerce shall periodically make, and the Chairman of the National Space Council shall present,
awards’’ to eliminate obsolete language. The reference
to the Chairman of the National Space Council is obsolete because the National Space Council (established by
section 501 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (Public Law 100–685, 102 Stat. 4102)) has not functioned or
been staffed since 1993.
CHAPTER 507—OFFICE OF SPACE
COMMERCIALIZATION
§ 50506. Commercial Space Achievement Award
Sec.
(a) ESTABLISHMENT.—There is established a
Commercial Space Achievement Award. The
50701.
50702.
50703.
Definition of Office.
Establishment.
Annual report.
§ 50701
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
COOPERATION WITH FORMER SOVIET REPUBLICS
§ 50701. Definition of Office
In this chapter, the term ‘‘Office’’ means the
Office of Space Commercialization established
in section 50702 of this title.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3408.)
HISTORICAL AND REVISION NOTES
Revised
Section
50701 ..........
Source (U.S. Code)
Page 72
Source (Statutes at Large)
(no source)
A chapter-wide definition for the term ‘‘Office’’ is
added for clarity and convenience.
§ 50702. Establishment
(a) IN GENERAL.—There is established within
the Department of Commerce an Office of Space
Commercialization.
(b) DIRECTOR.—The Office shall be headed by a
Director, who shall be a senior executive and
shall be compensated at a level in the Senior Executive Service under section 5382 of title 5 as
determined by the Secretary of Commerce.
(c) FUNCTIONS OF OFFICE.—The Office shall be
the principal unit for the coordination of spacerelated issues, programs, and initiatives within
the Department of Commerce.
(d) DUTIES OF DIRECTOR.—The primary responsibilities of the Director in carrying out the
functions of the Office shall include—
(1) promoting commercial provider investment in space activities by collecting, analyzing, and disseminating information on space
markets, and conducting workshops and seminars to increase awareness of commercial
space opportunities;
(2) assisting United States commercial providers in the efforts of those providers to conduct business with the United States Government;
(3) acting as an industry advocate within the
executive branch of the Federal Government
to ensure that the Federal Government meets
the space-related requirements of the Federal
Government, to the fullest extent feasible,
using commercially available space goods and
services;
(4) ensuring that the United States Government does not compete with United States
commercial providers in the provision of space
hardware and services otherwise available
from United States commercial providers;
(5) promoting the export of space-related
goods and services;
(6) representing the Department of Commerce in the development of United States
policies and in negotiations with foreign countries to ensure free and fair trade internationally in the area of space commerce; and
(7) seeking the removal of legal, policy, and
institutional impediments to space commerce.
Pub. L. 102–588, title II, § 218, Nov. 4, 1992, 106 Stat.
5117, provided that:
‘‘(a) REPORT TO CONGRESS.—Within one year after the
date of enactment of this Act [Nov. 4, 1992], the President shall submit to Congress a report describing—
‘‘(1) the opportunities for increased space related
trade with the independent states of the former Soviet Union;
‘‘(2) a technology procurement plan for identifying
and evaluating all unique space hardware, space technology, and space services available to the United
States from the independent states of the former Soviet Union, specifically including those technologies
the National Aeronautics and Space Administration
has identified as high priority in its Space Research
and Technology Integrated Technology Plan.[;]
‘‘(3) the trade missions carried out pursuant to subsection (c), including the private participation and
the results of such missions;
‘‘(4) the offices and accounts of the National Aeronautics and Space Administration to which expenses
for either cooperative activities or procurement actions, involving the independent states of the former
Soviet Union, are charged;
‘‘(5) any barriers, regulatory or practical, that inhibit space-related trade between the United States
and the independent states of the former Soviet
Union, including such barriers in either the United
States or the independent states; and
‘‘(6) any anticompetitive issues raised by a potential acquisition.
‘‘(b) NOTIFICATION TO CONGRESS.—If any United States
Government agency denies a request for a license or
other approval that may be necessary to conduct discussions on space-related matters with the independent
states of the former Soviet Union, that agency shall
immediately notify the Speaker of the House of Representatives and President of the Senate. Each such notification shall include a statement of the reasons for
the denial.
‘‘(c) ROLE OF THE OFFICE OF SPACE COMMERCE.—The
Office of Space Commerce of the Department of Commerce is authorized and encouraged to conduct trade
missions to appropriate independent states of the
former Soviet Union for the purpose of familiarizing
United States aerospace industry representatives with
space hardware, space technologies, and space services
that may be available from the independent states, and
with the business practices and overall business climate in the independent states. The Office of Space
Commerce shall also advise the Administrator [of the
National Aeronautics and Space Administration] as to
the impact on United States industry of each potential
acquisition of space hardware, space technology, or
space services from the independent states of the
former Soviet Union, specifically including any anticompetitive issues the Office may observe.’’
§ 50703. Annual report
The Secretary of Commerce shall submit an
annual report on the activities of the Office, including planned programs and expenditures, to
the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and Technology of the House of
Representatives.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3408.)
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3408.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Section
50702 ..........
Source (U.S. Code)
15 U.S.C. 1511e.
Source (Statutes at Large)
Pub. L. 105–309, § 8, Oct. 30,
1998, 112 Stat. 2937; Pub. L.
107–305, § 14, Nov. 27, 2002,
116 Stat. 2380; Pub. L.
108–447, div. B, title II,
Dec. 8, 2004, 118 Stat. 2878.
Revised
Section
50703 ..........
Source (U.S. Code)
15 U.S.C. 1535.
Source (Statutes at Large)
Pub. L. 101–611, title I,
§ 115(b), Nov. 16, 1990, 104
Stat. 3201.
The words ‘‘The Secretary of Commerce shall submit
an annual report’’ are substituted for ‘‘Commencing in
Page 73
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
fiscal year 1992, and every fiscal year thereafter, the
Secretary of Commerce shall submit . . . a report’’ to
eliminate unnecessary words.
The word ‘‘Office’’, meaning the Office of Space Commercialization, is substituted for ‘‘Office of Space Commerce’’ to correct an error in the law.
The words ‘‘Committee on Science and Technology’’
are substituted for ‘‘Committee on Science, Space, and
Technology’’ on authority of section 1(a)(10) of Public
Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(n) of the
Rules of the House of Representatives, adopted by
House Resolution No. 5 (106th Congress, January 6,
1999), and Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th
Congress, January 5, 2007).
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
CHAPTER 509—COMMERCIAL SPACE
LAUNCH ACTIVITIES
Sec.
50901.
50902.
50903.
50904.
50905.
50906.
50907.
50908.
50909.
50910.
50911.
50912.
50913.
50914.
50915.
50916.
50917.
50918.
50919.
50920.
50921.
50922.
50923.
Findings and purposes.
Definitions.
General authority.
Restrictions on launches, operations, and reentries.
License applications and requirements.
Experimental permits.
Monitoring activities.
Effective periods, and modifications, suspensions, and revocations, of licenses.
Prohibition, suspension, and end of launches,
operation of launch sites and reentry sites,
and reentries.
Preemption of scheduled launches or reentries.
Space advertising.
Administrative hearings and judicial review.
Acquiring United States Government property and services.
Liability insurance and financial responsibility requirements.
Paying claims exceeding liability insurance
and financial responsibility requirements.
Disclosing information.
Enforcement and penalty.
Consultation.
Relationship to other executive agencies,
laws, and international obligations.
User fees.
Office of Commercial Space Transportation.
Regulations.
Report to Congress.
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (3), Dec. 18, 2010, 124
Stat. 3440, transferred analysis for chapter 701 of Title
49, Transportation, and renumbered as analysis for
chapter 509 of this title and renumbered items 70101 to
70105, 70105a, 70106 to 70109, 70109a, and 70110 to 70121 as
50901 to 50923, respectively.
2004—Pub. L. 108–492, § 2(c)(26), Dec. 23, 2004, 118 Stat.
3982, added item 70105a.
2000—Pub. L. 106–405, § 3(b), Nov. 1, 2000, 114 Stat. 1752,
substituted ‘‘Office of Commercial Space Transportation’’ for ‘‘Authorization of appropriations’’ in item
70119.
Pub. L. 106–391, title III, § 322(d), Oct. 30, 2000, 114 Stat.
1598, added item 70109a.
1998—Pub. L. 105–303, title I, § 102(a)(1), Oct. 28, 1998,
112 Stat. 2846, substituted ‘‘launches, operations, and
reentries’’ for ‘‘launches and operations’’ in item 70104,
‘‘launches, operation of launch sites and reentry sites,
§ 50901
and reentries’’ for ‘‘launches and operation of launch
sites’’ in item 70108, inserted ‘‘or reentries’’ after
‘‘scheduled launches’’ in item 70109, and added items
70120 and 70121.
1994—Pub. L. 103–429, § 6(78), Oct. 31, 1994, 108 Stat.
4388, made technical amendment to chapter heading.
§ 50901. Findings and purposes
(a) FINDINGS.—Congress finds that—
(1) the peaceful uses of outer space continue
to be of great value and to offer benefits to all
mankind;
(2) private applications of space technology
have achieved a significant level of commercial and economic activity and offer the potential for growth in the future, particularly in
the United States;
(3) new and innovative equipment and services are being sought, produced, and offered by
entrepreneurs in telecommunications, information
services,
microgravity
research,
human space flight, and remote sensing technologies;
(4) the private sector in the United States
has the capability of developing and providing
private launching, reentry, and associated
services that would complement the launching, reentry, and associated capabilities of the
United States Government;
(5) the development of commercial launch
vehicles, reentry vehicles, and associated services would enable the United States to retain
its competitive position internationally, contributing to the national interest and economic well-being of the United States;
(6) providing launch services and reentry
services by the private sector is consistent
with the national security and foreign policy
interests of the United States and would be facilitated by stable, minimal, and appropriate
regulatory guidelines that are fairly and expeditiously applied;
(7) the United States should encourage private sector launches, reentries, and associated
services and, only to the extent necessary,
regulate those launches, reentries, and services to ensure compliance with international
obligations of the United States and to protect
the public health and safety, safety of property, and national security and foreign policy
interests of the United States;
(8) space transportation, including the establishment and operation of launch sites, reentry sites, and complementary facilities, the
providing of launch services and reentry services, the establishment of support facilities,
and the providing of support services, is an important element of the transportation system
of the United States, and in connection with
the commerce of the United States there is a
need to develop a strong space transportation
infrastructure with significant private sector
involvement;
(9) the participation of State governments in
encouraging and facilitating private sector involvement in space-related activity, particularly through the establishment of a space
transportation-related infrastructure, including launch sites, reentry sites, complementary
facilities, and launch site and reentry site support facilities, is in the national interest and
is of significant public benefit;
§ 50901
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(10) the goal of safely opening space to the
American people and their private commercial, scientific, and cultural enterprises should
guide Federal space investments, policies, and
regulations;
(11) private industry has begun to develop
commercial launch vehicles capable of carrying human beings into space and greater private investment in these efforts will stimulate
the Nation’s commercial space transportation
industry as a whole;
(12) space transportation is inherently risky,
and the future of the commercial human space
flight industry will depend on its ability to
continually improve its safety performance;
(13) a critical area of responsibility for the
Department of Transportation is to regulate
the operations and safety of the emerging
commercial human space flight industry;
(14) the public interest is served by creating
a clear legal, regulatory, and safety regime for
commercial human space flight; and
(15) the regulatory standards governing
human space flight must evolve as the industry matures so that regulations neither stifle
technology development nor expose crew or
space flight participants to avoidable risks as
the public comes to expect greater safety for
crew and space flight participants from the industry.
(b) PURPOSES.—The purposes of this chapter
are—
(1) to promote economic growth and entrepreneurial activity through use of the space
environment for peaceful purposes;
(2) to encourage the United States private
sector to provide launch vehicles, reentry vehicles, and associated services by—
(A) simplifying and expediting the issuance and transfer of commercial licenses;
(B) facilitating and encouraging the use of
Government-developed space technology;
and
(C) promoting the continuous improvement of the safety of launch vehicles designed to carry humans, including through
the issuance of regulations, to the extent
permitted by this chapter;
(3) to provide that the Secretary of Transportation is to oversee and coordinate the conduct of commercial launch and reentry operations, issue permits and commercial licenses
and transfer commercial licenses authorizing
those operations, and protect the public
health and safety, safety of property, and national security and foreign policy interests of
the United States; and
(4) to facilitate the strengthening and expansion of the United States space transportation
infrastructure, including the enhancement of
United States launch sites and launch-site
support facilities, and development of reentry
sites, with Government, State, and private
sector involvement, to support the full range
of United States space-related activities.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1330,
§ 70101 of title 49; Pub. L. 105–303, title I,
§ 102(a)(2), Oct. 28, 1998, 112 Stat. 2846; Pub. L.
108–492, § 2(a), Dec. 23, 2004, 118 Stat. 3974; renumbered § 70101 then § 50901 of title 51, Pub. L.
Page 74
111–314, § 4(d)(2), (3)(A), Dec. 18, 2010, 124 Stat.
3440.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70101(a) ......
49 App.:2601.
70101(b) ......
49 App.:2602.
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§§ 2, 3, 98 Stat. 3055; Nov.
16, 1990, Pub. L. 101–611,
§ 117(c), (d), 104 Stat. 3202.
In subsection (a), before clause (1), the words ‘‘and declares’’ are omitted as surplus.
In subsection (b), before clause (1), the word ‘‘therefore’’ is omitted as surplus.
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70101 of title 49 and section 70101 of this title as this
section.
2004—Subsec. (a)(3). Pub. L. 108–492, § 2(a)(1), inserted
‘‘human space flight,’’ after ‘‘microgravity research,’’.
Subsec. (a)(4). Pub. L. 108–492, § 2(a)(2), struck out
‘‘satellite’’ after ‘‘providing private’’ and substituted
‘‘capabilities of’’ for ‘‘services now available from’’.
Subsec. (a)(10) to (15). Pub. L. 108–492, § 2(a)(3)–(5),
added pars. (10) to (15).
Subsec. (b)(2)(C). Pub. L. 108–492, § 2(a)(6), added subpar. (C).
Subsec. (b)(3). Pub. L. 108–492, § 2(a)(7), substituted
‘‘issue permits and commercial licenses and transfer’’
for ‘‘issue and transfer’’.
1998—Subsec. (a)(3). Pub. L. 105–303, § 102(a)(2)(A), inserted ‘‘microgravity research,’’ after ‘‘information
services,’’.
Subsec. (a)(4). Pub. L. 105–303, § 102(a)(2)(B), inserted
‘‘, reentry,’’ after ‘‘launching’’ in two places.
Subsec. (a)(5). Pub. L. 105–303, § 102(a)(2)(C), inserted
‘‘, reentry vehicles,’’ after ‘‘launch vehicles’’.
Subsec. (a)(6). Pub. L. 105–303, § 102(a)(2)(D), inserted
‘‘and reentry services’’ after ‘‘launch services’’.
Subsec. (a)(7). Pub. L. 105–303, § 102(a)(2)(E), inserted
‘‘, reentries,’’ after ‘‘launches’’ in two places.
Subsec. (a)(8). Pub. L. 105–303, § 102(a)(2)(F), (G), inserted ‘‘, reentry sites,’’ after ‘‘launch sites’’ and ‘‘and
reentry services’’ after ‘‘launch services’’.
Subsec. (a)(9). Pub. L. 105–303, § 102(a)(2)(H), (I), inserted ‘‘reentry sites,’’ after ‘‘launch sites,’’ and ‘‘and
reentry site’’ after ‘‘launch site’’.
Subsec. (b)(2). Pub. L. 105–303, § 102(a)(2)(J), inserted
‘‘, reentry vehicles,’’ after ‘‘launch vehicles’’ in introductory provisions.
Subsec. (b)(2)(A). Pub. L. 105–303, § 102(a)(2)(K), struck
out ‘‘launch’’ before ‘‘licenses’’.
Subsec. (b)(3). Pub. L. 105–303, § 102(a)(2)(L), (M), inserted ‘‘and reentry’’ after ‘‘conduct of commercial
launch’’ and struck out ‘‘launch’’ before ‘‘licenses’’.
Subsec. (b)(4). Pub. L. 105–303, § 102(a)(2)(N), inserted
‘‘and development of reentry sites,’’ after ‘‘launch-site
support facilities,’’.
FINDINGS
Pub. L. 106–405, § 2, Nov. 1, 2000, 114 Stat. 1751, provided that: ‘‘The Congress finds that—
‘‘(1) a robust United States space transportation industry is vital to the Nation’s economic well-being
and national security;
‘‘(2) enactment of a 5-year extension of the excess
third party claims payment provision of [former]
chapter 701 of title 49, United States Code [now 51
U.S.C. 50901 et seq.] (Commercial Space Launch Activities), will have a beneficial impact on the international competitiveness of the United States space
transportation industry;
‘‘(3) space transportation may evolve into airplanestyle operations;
‘‘(4) during the next 3 years the Federal Government and the private sector should analyze the liabil-
Page 75
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
ity risk-sharing regime to determine its appropriateness and effectiveness, and, if needed, develop and
propose a new regime to Congress at least 2 years
prior to the expiration of the extension contained in
this Act [see Tables for classification];
‘‘(5) the areas of responsibility of the Office of the
Associate Administrator for Commercial Space
Transportation have significantly increased as a result of—
‘‘(A) the rapidly expanding commercial space
transportation industry and associated government
licensing requirements;
‘‘(B) regulatory activity as a result of the emerging commercial reusable launch vehicle industry;
and
‘‘(C) the increased regulatory activity associated
with commercial operation of launch and reentry
sites; and
‘‘(6) the Office of the Associate Administrator for
Commercial Space Transportation should continue to
limit its promotional activities to those which support its regulatory mission.’’
§ 50902. Definitions
In this chapter—
(1) ‘‘citizen of the United States’’ means—
(A) an individual who is a citizen of the
United States;
(B) an entity organized or existing under
the laws of the United States or a State; or
(C) an entity organized or existing under
the laws of a foreign country if the controlling interest (as defined by the Secretary of
Transportation) is held by an individual or
entity described in subclause (A) or (B) of
this clause.
(2) ‘‘crew’’ means any employee of a licensee
or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs
activities in the course of that employment directly relating to the launch, reentry, or other
operation of or in a launch vehicle or reentry
vehicle that carries human beings.
(3) ‘‘executive agency’’ has the same meaning given that term in section 105 of title 5.
(4) ‘‘launch’’ means to place or try to place
a launch vehicle or reentry vehicle and any
payload, crew, or space flight participant from
Earth—
(A) in a suborbital trajectory;
(B) in Earth orbit in outer space; or
(C) otherwise in outer space,
including activities involved in the preparation of a launch vehicle or payload for launch,
when those activities take place at a launch
site in the United States.
(5) ‘‘launch property’’ means an item built
for, or used in, the launch preparation or
launch of a launch vehicle.
(6) ‘‘launch services’’ means—
(A) activities involved in the preparation
of a launch vehicle, payload, crew (including
crew training), or space flight participant
for launch; and
(B) the conduct of a launch.
(7) ‘‘launch site’’ means the location on
Earth from which a launch takes place (as defined in a license the Secretary issues or
transfers under this chapter) and necessary facilities at that location.
(8) ‘‘launch vehicle’’ means—
(A) a vehicle built to operate in, or place
a payload or human beings in, outer space;
and
§ 50902
(B) a suborbital rocket.
(9) ‘‘obtrusive space advertising’’ means advertising in outer space that is capable of
being recognized by a human being on the surface of the Earth without the aid of a telescope or other technological device.
(10) ‘‘payload’’ means an object that a person
undertakes to place in outer space by means of
a launch vehicle or reentry vehicle, including
components of the vehicle specifically designed or adapted for that object.
(11) except in section 50904(c), ‘‘permit’’
means an experimental permit issued under
section 50906.
(12) ‘‘person’’ means an individual and an entity organized or existing under the laws of a
State or country.
(13) ‘‘reenter’’ and ‘‘reentry’’ mean to return
or attempt to return, purposefully, a reentry
vehicle and its payload, crew, or space flight
participants, if any, from Earth orbit or from
outer space to Earth.
(14) ‘‘reentry services’’ means—
(A) activities involved in the preparation
of a reentry vehicle and payload, crew (including crew training), or space flight participant, if any, for reentry; and
(B) the conduct of a reentry.
(15) ‘‘reentry site’’ means the location on
Earth to which a reentry vehicle is intended to
return (as defined in a license the Secretary
issues or transfers under this chapter).
(16) ‘‘reentry vehicle’’ means a vehicle designed to return from Earth orbit or outer
space to Earth, or a reusable launch vehicle
designed to return from Earth orbit or outer
space to Earth, substantially intact.
(17) ‘‘space flight participant’’ means an individual, who is not crew, carried within a
launch vehicle or reentry vehicle.
(18) ‘‘State’’ means a State of the United
States, the District of Columbia, and a territory or possession of the United States.
(19) unless and until regulations take effect
under section 50922(c)(2), ‘‘suborbital rocket’’
means a vehicle, rocket-propelled in whole or
in part, intended for flight on a suborbital trajectory, and the thrust of which is greater
than its lift for the majority of the rocketpowered portion of its ascent.
(20) ‘‘suborbital trajectory’’ means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose
vacuum instantaneous impact point does not
leave the surface of the Earth.
(21) ‘‘third party’’ means a person except—
(A) the United States Government or the
Government’s contractors or subcontractors
involved in launch services or reentry services;
(B) a licensee or transferee under this
chapter;
(C) a licensee’s or transferee’s contractors,
subcontractors, or customers involved in
launch services or reentry services;
(D) the customer’s contractors or subcontractors involved in launch services or
reentry services; or
(E) crew or space flight participants.
(22) ‘‘United States’’ means the States of the
United States, the District of Columbia, and
§ 50903
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
the territories and possessions of the United
States.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1331,
§ 70102 of title 49; Pub. L. 104–287, § 5(92), Oct. 11,
1996, 110 Stat. 3398; Pub. L. 105–303, title I,
§ 102(a)(3), Oct. 28, 1998, 112 Stat. 2846; Pub. L.
106–391, title III, § 322(a), Oct. 30, 2000, 114 Stat.
1598; Pub. L. 108–492, § 2(b), Dec. 23, 2004, 118 Stat.
3975; renumbered § 70102 then § 50902 of title 51
and amended Pub. L. 111–314, § 4(d)(2), (3)(B),
(5)(A), (B), Dec. 18, 2010, 124 Stat. 3440, 3441.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
70102(1) ......
Source (U.S. Code)
49 App.:2603(9).
49 App.:2603(12).
70102(2)–(9)
70102(10) .....
49 App.:2603(1)–(8).
49 App.:2603(10).
70102(11) .....
49 App.:2603(11).
70102(12) .....
49 App.:2603(10).
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 4(1)–(9), 98 Stat. 3056.
Oct. 30, 1984, Pub. L. 98–575,
§ 4(12), 98 Stat. 3056; Nov.
15, 1988, Pub. L. 100–657,
§ 3(2), 102 Stat. 3900.
Oct. 30, 1984, Pub. L. 98–575,
§ 4(10), 98 Stat. 3056; Nov.
15, 1988, Pub. L. 100–657,
§ 3(1), 102 Stat. 3900.
Oct. 30, 1984, Pub. L. 98–575,
98 Stat. 3055, § 4(11); added
Nov. 15, 1988, Pub. L.
100–657, § 3(3), 102 Stat.
3900.
In this chapter, the word ‘‘country’’ is substituted for
‘‘nation’’ for consistency in the revised title and with
other titles of the United States Code.
In clause (1), before subclause (A), the text of 49
App.:2603(9) is omitted as surplus because the complete
name of the Secretary of Transportation is used the
first time the term appears in a section. In subclauses
(B) and (C), the words ‘‘corporation, partnership, joint
venture, association, or other’’ are omitted as surplus.
In subclause (C), the words ‘‘in regulations’’ and ‘‘in
such entity’’ are omitted as surplus.
In clause (4), the words ‘‘propellants, launch vehicles
and components thereof, and other physical’’ are omitted as surplus.
In clause (6), the words ‘‘includes all . . . located on
a launch site which are . . . to conduct a launch’’ are
omitted as surplus.
In clause (9), the words ‘‘corporation, partnership,
joint venture, association, or other’’ are omitted as
surplus.
Clauses (10) and (12) are substituted for 49
App.:2603(10) to eliminate unnecessary words.
In clause (11), before subclause (A), the words ‘‘or entity’’ are omitted as surplus. In subclause (A), the
words ‘‘its agencies’’ are omitted as surplus.
PUB. L. 104–287
This amends 49:70102(6) to correct an error in the
codification enacted by section 1 of the Act of July 5,
1994 (Public Law 103–272, 108 Stat. 1331).
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (3)(B), successively renumbered section 70102 of title 49 and section 70102 of
this title as this section.
Par. (11). Pub. L. 111–314, § 4(d)(5)(A), substituted ‘‘section 50904(c)’’ for ‘‘section 70104(c)’’ and ‘‘section 50906’’
for ‘‘section 70105a’’.
Par. (19). Pub. L. 111–314, § 4(d)(5)(B), substituted ‘‘section 50922(c)(2)’’ for ‘‘section 70120(c)(2)’’.
2004—Par. (2). Pub. L. 108–492, § 2(b)(2), added par. (2).
Former par. (2) redesignated (3).
Par. (3). Pub. L. 108–492, § 2(b)(1), redesignated par. (2)
as (3). Former par. (3) redesignated (4).
Par. (4). Pub. L. 108–492, § 2(b)(1), (3), redesignated par.
(3) as (4) and inserted ‘‘, crew, or space flight participant’’ after ‘‘any payload’’ in introductory provisions.
Former par. (4) redesignated (5).
Page 76
Par. (5). Pub. L. 108–492, § 2(b)(1), redesignated par. (4)
as (5). Former par. (5) redesignated (6).
Par. (6). Pub. L. 108–492, § 2(b)(1), (4), redesignated par.
(5) as (6) and substituted ‘‘, payload, crew (including
crew training), or space flight participant’’ for ‘‘and
payload’’ in subpar. (A). Former par. (6) redesignated
(7).
Par. (7). Pub. L. 108–492, § 2(b)(1), redesignated par. (6)
as (7). Former par. (7) redesignated (8).
Par. (8). Pub. L. 108–492, § 2(b)(1), (5), redesignated par.
(7) as (8) and inserted ‘‘or human beings’’ after ‘‘place
a payload’’ in subpar. (A). Former par. (8) redesignated
(9).
Pars. (9), (10). Pub. L. 108–492, § 2(b)(1), redesignated
pars. (8) and (9) as (9) and (10), respectively. Former par.
(10) redesignated (12).
Par. (11). Pub. L. 108–492, § 2(b)(6), added par. (11).
Former par. (11) redesignated (13).
Par. (12). Pub. L. 108–492, § 2(b)(1), redesignated par.
(10) as (12). Former par. (12) redesignated (14).
Par. (13). Pub. L. 108–492, § 2(b)(1), (7), redesignated
par. (11) as (13) and inserted ‘‘crew, or space flight participants,’’ after ‘‘and its payload,’’. Former par. (13)
redesignated (15).
Par. (14). Pub. L. 108–492, § 2(b)(1), (8), redesignated
par. (12) as (14) and substituted ‘‘and payload, crew (including crew training), or space flight participant’’ for
‘‘and its payload’’ in subpar. (A). Former par. (14) redesignated (16).
Pars. (15), (16). Pub. L. 108–492, § 2(b)(1), redesignated
pars. (13) and (14) as (15) and (16), respectively. Former
pars. (15) and (16) redesignated (18) and (21), respectively.
Par. (17). Pub. L. 108–492, § 2(b)(9), added par. (17).
Former par. (17) redesignated (22).
Par. (18). Pub. L. 108–492, § 2(b)(1), redesignated par.
(15) as (18).
Pars. (19), (20). Pub. L. 108–492, § 2(b)(10), added pars.
(19) and (20).
Par. (21). Pub. L. 108–492, § 2(b)(1), (11), redesignated
par. (16) as (21) and added subpar. (E).
Par. (22). Pub. L. 108–492, § 2(b)(1), redesignated par.
(17) as (22).
2000—Pars. (8) to (17). Pub. L. 106–391 added par. (8)
and redesignated former pars. (8) to (16) as (9) to (17),
respectively.
1998—Par. (3). Pub. L. 105–303, § 102(a)(3)(A), substituted ‘‘or reentry vehicle and any payload from
Earth’’ for ‘‘and any payload’’ in introductory provisions and a comma for the period at end of subpar. (C)
and inserted concluding provisions.
Par. (8). Pub. L. 105–303, § 102(a)(3)(B), inserted ‘‘or reentry vehicle’’ after ‘‘means of a launch vehicle’’.
Pars. (10) to (13). Pub. L. 105–303, § 102(a)(3)(D), added
pars. (10) to (13). Former pars. (10) to (12) redesignated
(14) to (16), respectively.
Par. (14). Pub. L. 105–303, § 102(a)(3)(C), redesignated
par. (10) as (14).
Par. (15). Pub. L. 105–303, § 102(a)(3)(C), (E), redesignated par. (11) as (15) and inserted ‘‘or reentry services’’
after ‘‘launch services’’ wherever appearing.
Par. (16). Pub. L. 105–303, § 102(a)(3)(C), redesignated
par. (12) as (16).
1996—Par. (6). Pub. L. 104–287 substituted ‘‘facilities
at that location’’ for ‘‘facilities’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–287 effective July 5, 1994,
see section 8(1) of Pub. L. 104–287, set out as a note
under section 5303 of Title 49, Transportation.
§ 50903. General authority
(a) GENERAL.—The Secretary of Transportation shall carry out this chapter.
(b) FACILITATING COMMERCIAL LAUNCHES AND
REENTRIES.—In carrying out this chapter, the
Secretary shall—
(1) encourage, facilitate, and promote commercial space launches and reentries by the
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TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
private sector, including those involving space
flight participants; and
(2) take actions to facilitate private sector
involvement in commercial space transportation activity, and to promote public-private
partnerships involving the United States Government, State governments, and the private
sector to build, expand, modernize, or operate
a space launch and reentry infrastructure.
(c) SAFETY.—In carrying out the responsibilities under subsection (b), the Secretary shall
encourage, facilitate, and promote the continuous improvement of the safety of launch vehicles designed to carry humans, and the Secretary may, consistent with this chapter, promulgate regulations to carry out this subsection.
(d) EXECUTIVE AGENCY ASSISTANCE.—When
necessary, the head of an executive agency shall
assist the Secretary in carrying out this chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1332,
§ 70103 of title 49; Pub. L. 105–303, title I,
§ 102(a)(4), Oct. 28, 1998, 112 Stat. 2847; Pub. L.
108–492, § 2(c)(1), (2), Dec. 23, 2004, 118 Stat. 3976;
renumbered § 70103 then § 50903 of title 51, Pub. L.
111–314, § 4(d)(2), (3)(C), Dec. 18, 2010, 124 Stat.
3440.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70103(a) ......
49 App.:2604(a)
(1st–10th words).
70103(b) ......
49 App.:2604(a)
(11th–15th words,
cls. (1), (3)).
70103(c) ......
49 App.:2604(b).
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 5(a) (1st–10th words, (b)),
98 Stat. 3057.
Oct. 30, 1984, Pub. L. 98–575,
§ 5(a) (11th–15th words, cls.
(1), (3)), 98 Stat. 3057; Nov.
16, 1990, Pub. L. 101–611,
§ 117(e)(1), (3), 104 Stat.
3203.
In subsection (a), the words ‘‘be responsible for’’ are
omitted as surplus.
In subsection (c), the words ‘‘To the extent permitted
by law’’ are omitted as surplus. The words ‘‘the head of
an executive agency’’ are substituted for ‘‘Federal
agencies’’ for consistency in the revised title and with
other titles of the United States Code.
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70103 of title 49 and section 70103 of this title as this
section.
2004—Subsec. (b)(1). Pub. L. 108–492, § 2(c)(1), inserted
‘‘, including those involving space flight participants’’
after ‘‘private sector’’.
Subsecs. (c), (d). Pub. L. 108–492, § 2(c)(2), added subsec. (c) and redesignated former subsec. (c) as (d).
1998—Subsec. (b). Pub. L. 105–303, § 102(a)(4)(A), inserted ‘‘and Reentries’’ after ‘‘Launches’’ in heading.
Subsec. (b)(1). Pub. L. 105–303, § 102(a)(4)(B), inserted
‘‘and reentries’’ after ‘‘commercial space launches’’.
Subsec. (b)(2). Pub. L. 105–303, § 102(a)(4)(C), inserted
‘‘and reentry’’ after ‘‘space launch’’.
LAUNCH SERVICES STRATEGY
Pub. L. 110–422, title VI, § 621, Oct. 15, 2008, 122 Stat.
4801, provided that:
‘‘(a) IN GENERAL.—In preparation for the award of
contracts to follow up on the current NASA [National
Aeronautics and Space Administration] Launch Services (NLS) contracts, the Administrator shall develop a
strategy for providing domestic commercial launch
services in support of NASA’s small and medium-sized
§ 50903
Science, Space Operations, and Exploration missions,
consistent with current law and policy.
‘‘(b) REPORT.—The Administrator [of NASA] shall
transmit a report to the Committee on Science and
Technology [now Committee on Science, Space, and
Technology] of the House of Representatives and the
Committee on Commerce, Science, and Transportation
of the Senate describing the strategy developed under
subsection (a) not later than 90 days after the date of
enactment of this Act [Oct. 15, 2008]. The report shall
provide, at a minimum—
‘‘(1) the results of the Request for Information on
small to medium-sized launch services released on
April 22, 2008;
‘‘(2) an analysis of possible alternatives to maintain
small and medium-sized lift capabilities after June
30, 2010, including the use of the Department of Defense’s Evolved Expendable Launch Vehicle (EELV);
‘‘(3) the recommended alternatives, and associated
5-year budget plans starting in October 2010 that
would enable their implementation; and
‘‘(4) a contingency plan in the event the recommended alternatives described in paragraph (3) are
not available when needed.’’
EX. ORD. NO. 12465. COORDINATION AND ENCOURAGEMENT
OF COMMERCIAL EXPENDABLE LAUNCH VEHICLE ACTIVITIES
Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
and in order to encourage, facilitate and coordinate the
development of commercial expendable launch vehicle
(ELV) operations by private United States enterprises,
it is hereby ordered as follows:
SECTION 1. The Department of Transportation is designated as the lead agency within the Federal government for encouraging and facilitating commercial ELV
activities by the United States private sector.
SEC. 2. Responsibilities of Lead Agency. The Secretary
of Transportation shall, to the extent permitted by law
and subject to the availability of appropriations, perform the following functions:
(a) act as a focal point within the Federal government for private sector space launch contacts related
to commercial ELV operations;
(b) promote and encourage commercial ELV operations in the same manner that other private United
States commercial enterprises are promoted by United
States agencies;
(c) provide leadership in the establishment, within affected departments and agencies, of procedures that expedite the processing of private sector requests to obtain licenses necessary for commercial ELV launches
and the establishment and operation of commercial
launch ranges;
(d) consult with other affected agencies to promote
consistent application of ELV licensing requirements
for the private sector and assure fair and equitable
treatment for all private sector applicants;
(e) serve as a single point of contact for collection
and dissemination of documentation related to commercial ELV licensing applications;
(f) make recommendations to affected agencies and,
as appropriate, to the President, concerning administrative measures to streamline Federal government
procedures for licensing of commercial ELV activities;
(g) identify Federal statutes, treaties, regulations
and policies which may have an adverse impact on ELV
commercialization efforts and recommend appropriate
changes to affected agencies and, as appropriate, to the
President; and
(h) conduct appropriate planning regarding long-term
effects of Federal activities related to ELV commercialization.
SEC. 3. An interagency group, chaired by the Secretary of Transportation and composed of representatives from the Department of State, the Department of
Defense, the Department of Commerce, the Federal
Communications Commission, and the National Aero-
§ 50904
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
nautics and Space Administration, is hereby established. This group shall meet at the call of the Chair
and shall advise and assist the Department of Transportation in performing its responsibilities under this
Order.
SEC. 4. Responsibilities of Other Agencies. All executive
departments and agencies shall assist the Secretary of
Transportation in carrying out this Order. To the extent permitted by law and in consultation with the
Secretary of Transportation, they shall:
(a) provide the Secretary of Transportation with information concerning agency regulatory actions which
may affect development of commercial ELV operations;
(b) review and revise their regulations and procedures
to eliminate unnecessary regulatory obstacles to the
development of commercial ELV operations and to ensure that those regulations and procedures found essential are administered as efficiently as possible; and
(c) establish timetables for the expeditious handling
of and response to applications for licenses and approvals for commercial ELV activities.
SEC. 5. The powers granted to the Secretary of Transportation to encourage, facilitate and coordinate the
overall ELV commercialization process shall not diminish or abrogate any statutory or operational authority exercised by any other Federal agency.
SEC. 6. Nothing contained in this Order or in any procedures promulgated hereunder shall confer any substantive or procedural right or privilege on any person
or organization, enforceable against the United States,
its agencies, its officers or any person.
SEC. 7. This Order shall be effective immediately.
RONALD REAGAN.
§ 50904. Restrictions on launches, operations, and
reentries
(a) REQUIREMENT.—A license issued or transferred under this chapter, or a permit, is required for the following:
(1) for a person to launch a launch vehicle or
to operate a launch site or reentry site, or to
reenter a reentry vehicle, in the United
States.
(2) for a citizen of the United States (as defined in section 50902(1)(A) or (B) of this title)
to launch a launch vehicle or to operate a
launch site or reentry site, or to reenter a reentry vehicle, outside the United States.
(3) for a citizen of the United States (as defined in section 50902(1)(C) of this title) to
launch a launch vehicle or to operate a launch
site or reentry site, or to reenter a reentry vehicle, outside the United States and outside
the territory of a foreign country unless there
is an agreement between the United States
Government and the government of the foreign country providing that the government of
the foreign country has jurisdiction over the
launch or operation or reentry.
(4) for a citizen of the United States (as defined in section 50902(1)(C) of this title) to
launch a launch vehicle or to operate a launch
site or reentry site, or to reenter a reentry vehicle, in the territory of a foreign country if
there is an agreement between the United
States Government and the government of the
foreign country providing that the United
States Government has jurisdiction over the
launch or operation or reentry.
Notwithstanding this subsection, a permit shall
not authorize a person to operate a launch site
or reentry site.
(b) COMPLIANCE WITH PAYLOAD REQUIREMENTS.—The holder of a license or permit under
Page 78
this chapter may launch or reenter a payload
only if the payload complies with all requirements of the laws of the United States related to
launching or reentering a payload.
(c) PREVENTING LAUNCHES AND REENTRIES.—
The Secretary of Transportation shall establish
whether all required licenses, authorizations,
and permits required for a payload have been obtained. If no license, authorization, or permit is
required, the Secretary may prevent the launch
or reentry if the Secretary decides the launch or
reentry would jeopardize the public health and
safety, safety of property, or national security
or foreign policy interest of the United States.
(d) SINGLE LICENSE OR PERMIT.—The Secretary
of Transportation shall ensure that only 1 license or permit is required from the Department
of Transportation to conduct activities involving crew or space flight participants, including
launch and reentry, for which a license or permit is required under this chapter. The Secretary shall ensure that all Department of
Transportation regulations relevant to the licensed or permitted activity are satisfied.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1332,
§ 70104 of title 49; Pub. L. 105–303, title I,
§ 102(a)(5), Oct. 28, 1998, 112 Stat. 2847; Pub. L.
108–492, § 2(c)(3)–(5), Dec. 23, 2004, 118 Stat. 3976;
renumbered § 70104 then § 50904 of title 51 and
amended Pub. L. 111–314, § 4(d)(2), (3)(D),
(5)(C)–(E), Dec. 18, 2010, 124 Stat. 3440, 3441.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70104(a) ......
49 App.:2605(a).
70104(b) ......
49 App.:2605(b)(1)
(1st sentence).
49 App.:2605(b)(1)
(last sentence),
(2).
70104(c) ......
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 6(a), (b), 98 Stat. 3057.
In subsection (a)(2)–(4), the cross-reference is to section 70102(1) of the revised title (restating 49
App.:2603(12)) rather than to section 70102(11) (restating
49 App.:2603(11)) to correct a mistake. Section 3(2) of
the Commercial Space Launch Act Amendments of 1988
(Public Law 100–657, 102 Stat. 3900) redesignated 49
App.:2603(11) as 49 App.:2603(12) but did not amend the
cross-reference in 49 App.:2605(a).
In subsection (a)(3) and (4), the words ‘‘the government of’’ are added for consistency in the revised title
and with other titles of the United States Code. The
words ‘‘in force’’ are omitted as surplus.
In subsection (a)(3), the words ‘‘at any place which is
both’’ are omitted as surplus.
In subsection (a)(4), the text of 49 App.:2605(a)(3)(B)(i)
is omitted as surplus.
In subsection (c), the words ‘‘by Federal law’’, ‘‘which
is to be launched’’, ‘‘by any Federal law’’, ‘‘take such
action under this chapter as the Secretary deems necessary to’’, and ‘‘of a payload by a holder of a launch
license under this chapter’’ are omitted as surplus.
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (3)(D), successively renumbered section 70104 of title 49 and section 70104 of
this title as this section.
Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(C), substituted
‘‘section 50902(1)(A) or (B)’’ for ‘‘section 70102(1)(A) or
(B)’’.
Subsec. (a)(3). Pub. L. 111–314, § 4(d)(5)(D), substituted
‘‘section 50902(1)(C)’’ for ‘‘section 70102(1)(C)’’.
Subsec. (a)(4). Pub. L. 111–314, § 4(d)(5)(E), substituted
‘‘section 50902(1)(C)’’ for ‘‘section 70102(1)(C)’’.
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TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
2004—Subsec. (a). Pub. L. 108–492, § 2(c)(3), substituted
‘‘Requirement’’ for ‘‘License Requirement’’ in heading
and ‘‘A license issued or transferred under this chapter,
or a permit,’’ for ‘‘A license issued or transferred under
this chapter’’ in introductory provisions and inserted
concluding provisions.
Subsec. (b). Pub. L. 108–492, § 2(c)(4), inserted ‘‘or permit’’ after ‘‘holder of a license’’.
Subsec. (d). Pub. L. 108–492, § 2(c)(5), added subsec. (d).
1998—Pub. L. 105–303, § 102(a)(5)(A), substituted ‘‘Restrictions on launches, operations, and reentries’’ for
‘‘Restrictions on launches and operations’’ in section
catchline.
Subsec. (a)(1), (2). Pub. L. 105–303, § 102(a)(5)(B), inserted ‘‘or reentry site, or to reenter a reentry vehicle,’’ after ‘‘operate a launch site’’.
Subsec. (a)(3), (4). Pub. L. 105–303, § 102(a)(5)(B), (C),
inserted ‘‘or reentry site, or to reenter a reentry vehicle,’’ after ‘‘operate a launch site’’ and ‘‘or reentry’’
after ‘‘launch or operation’’.
Subsec. (b). Pub. L. 105–303, § 102(a)(5)(D), struck out
‘‘launch’’ before ‘‘license’’ and inserted ‘‘or reenter’’
after ‘‘may launch’’ and ‘‘or reentering’’ after ‘‘related
to launching’’.
Subsec. (c). Pub. L. 105–303, § 102(a)(5)(E), substituted
‘‘Preventing Launches and Reentries’’ for ‘‘Preventing
Launches’’ in heading and inserted ‘‘or reentry’’ after
‘‘prevent the launch’’ and after ‘‘decides the launch’’ in
second sentence.
§ 50905. License applications and requirements
(a) APPLICATIONS.—(1) A person may apply to
the Secretary of Transportation for a license or
transfer of a license under this chapter in the
form and way the Secretary prescribes. Consistent with the public health and safety, safety of
property, and national security and foreign policy interests of the United States, the Secretary, not later than 180 days after accepting
an application in accordance with criteria established pursuant to subsection (b)(2)(D),1 shall
issue or transfer a license if the Secretary decides in writing that the applicant complies, and
will continue to comply, with this chapter and
regulations prescribed under this chapter. The
Secretary shall inform the applicant of any
pending issue and action required to resolve the
issue if the Secretary has not made a decision
not later than 120 days after accepting an application in accordance with criteria established
pursuant to subsection (b)(2)(D).1 The Secretary
shall transmit to the Committee on Science of
the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a written notice not later than 30
days after any occurrence when the Secretary
has not taken action on a license application
within the deadline established by this subsection.
(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles,
safety systems, processes, services, or personnel
(including approval procedures for the purpose
of protecting the health and safety of crews and
space flight participants, to the extent permitted by subsections (b) and (c)) that may be
used in conducting licensed commercial space
launch or reentry activities.
(b) REQUIREMENTS.—(1) Except as provided in
this subsection, all requirements of the laws of
the United States applicable to the launch of a
1 See
References in Text note below.
§ 50905
launch vehicle or the operation of a launch site
or a reentry site, or the reentry of a reentry vehicle, are requirements for a license or permit
under this chapter.
(2) The Secretary may prescribe—
(A) any term necessary to ensure compliance
with this chapter, including on-site verification that a launch, operation, or reentry complies with representations stated in the application;
(B) any additional requirement necessary to
protect the public health and safety, safety of
property, national security interests, and foreign policy interests of the United States;
(C) by regulation that a requirement of a
law of the United States not be a requirement
for a license or permit if the Secretary, after
consulting with the head of the appropriate
executive agency, decides that the requirement is not necessary to protect the public
health and safety, safety of property, and national security and foreign policy interests of
the United States;
(D) additional license requirements, for a
launch vehicle carrying a human being for
compensation or hire, necessary to protect the
health and safety of crew or space flight participants, only if such requirements are imposed pursuant to final regulations issued in
accordance with subsection (c); and
(E) regulations establishing criteria for accepting or rejecting an application for a license or permit under this chapter within 60
days after receipt of such application.
(3) The Secretary may waive a requirement,
including the requirement to obtain a license,
for an individual applicant if the Secretary decides that the waiver is in the public interest
and will not jeopardize the public health and
safety, safety of property, and national security
and foreign policy interests of the United
States. The Secretary may not grant a waiver
under this paragraph that would permit the
launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a
human being will be on board.
(4) The holder of a license or a permit under
this chapter may launch or reenter crew only
if—
(A) the crew has received training and has
satisfied medical or other standards specified
in the license or permit in accordance with
regulations promulgated by the Secretary;
(B) the holder of the license or permit has
informed any individual serving as crew in
writing, prior to executing any contract or
other arrangement to employ that individual
(or, in the case of an individual already employed as of the date of enactment of the Commercial Space Launch Amendments Act of
2004, as early as possible, but in any event
prior to any launch in which the individual
will participate as crew), that the United
States Government has not certified the
launch vehicle as safe for carrying crew or
space flight participants; and
(C) the holder of the license or permit and
crew have complied with all requirements of
the laws of the United States that apply to
crew.
§ 50905
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(5) The holder of a license or a permit under
this chapter may launch or reenter a space
flight participant only if—
(A) in accordance with regulations promulgated by the Secretary, the holder of the license or permit has informed the space flight
participant in writing about the risks of the
launch and reentry, including the safety
record of the launch or reentry vehicle type,
and the Secretary has informed the space
flight participant in writing of any relevant
information related to risk or probable loss
during each phase of flight gathered by the
Secretary in making the determination required by section 50914(a)(2) and (c);
(B) the holder of the license or permit has
informed any space flight participant in writing, prior to receiving any compensation from
that space flight participant or (in the case of
a space flight participant not providing compensation) otherwise concluding any agreement to fly that space flight participant, that
the United States Government has not certified the launch vehicle as safe for carrying
crew or space flight participants;
(C) in accordance with regulations promulgated by the Secretary, the space flight participant has provided written informed consent to participate in the launch and reentry
and written certification of compliance with
any regulations promulgated under paragraph
(6)(A); and
(D) the holder of the license or permit has
complied with any regulations promulgated by
the Secretary pursuant to paragraph (6).
(6)(A) The Secretary may issue regulations requiring space flight participants to undergo an
appropriate physical examination prior to a
launch or reentry under this chapter. This subparagraph shall cease to be in effect three years
after the date of enactment of the Commercial
Space Launch Amendments Act of 2004.
(B) The Secretary may issue additional regulations setting reasonable requirements for space
flight participants, including medical and training requirements. Such regulations shall not be
effective before the expiration of 3 years after
the date of enactment of the Commercial Space
Launch Amendments Act of 2004.
(c) SAFETY REGULATIONS.—(1) The Secretary
may issue regulations governing the design or
operation of a launch vehicle to protect the
health and safety of crew and space flight participants.
(2) Regulations issued under this subsection
shall—
(A) describe how such regulations would be
applied when the Secretary is determining
whether to issue a license under this chapter;
(B) apply only to launches in which a vehicle
will be carrying a human being for compensation or hire;
(C) be limited to restricting or prohibiting
design features or operating practices that—
(i) have resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on
November 10, 2004) to crew or space flight
participants during a licensed or permitted
commercial human space flight; or
(ii) contributed to an unplanned event or
series of events during a licensed or per-
Page 80
mitted commercial human space flight that
posed a high risk of causing a serious or
fatal injury (as defined in 49 CFR 830, as in
effect on November 10, 2004) to crew or space
flight participants; and
(D) be issued with a description of the instance or instances when the design feature or
operating practice being restricted or prohibited contributed to a result or event described
in subparagraph (C).
(3) Beginning on October 1, 2015, the Secretary
may propose regulations under this subsection
without regard to paragraph (2)(C) and (D). Any
such regulations shall take into consideration
the evolving standards of safety in the commercial space flight industry.
(4) Nothing in this subsection shall be construed to limit the authority of the Secretary to
issue requirements or regulations to protect the
public health and safety, safety of property, national security interests, and foreign policy interests of the United States.
(d) PROCEDURES AND TIMETABLES.—The Secretary shall establish procedures and timetables
that expedite review of a license or permit application and reduce the regulatory burden for an
applicant.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1333,
§ 70105 of title 49; Pub. L. 105–303, title I,
§ 102(a)(6), Oct. 28, 1998, 112 Stat. 2848; Pub. L.
108–492, § 2(c)(6)–(15), Dec. 23, 2004, 118 Stat.
3976–3979; renumbered § 70105 then § 50905 of title
51 and amended Pub. L. 111–314, § 4(d)(2), (3)(E),
(5)(F), Dec. 18, 2010, 124 Stat. 3440, 3441; Pub. L.
112–95, title VIII, § 827, Feb. 14, 2012, 126 Stat.
133.)
HISTORICAL AND REVISION NOTES
Revised
Section
70105(a) ......
70105(b)(1) ..
70105(b)
(2)(A).
70105(b)
(2)(B).
70105(b)
(2)(C).
70105(b)(3) ..
70105(c) ......
Source (U.S. Code)
Source (Statutes at Large)
49 App.:2606 (1st sentence).
Oct. 30, 1984, Pub. L. 98–575,
§§ 7 (1st sentence), 8, 9(a),
(b), 98 Stat. 3058.
49 App.:2608(a) (1st
sentence), (b) (1st,
3d, last sentences).
49 App.:2607(a)(1).
49 App.:2608(b) (2d
sentence).
49 App.:2607(b).
49 App.:2607(a)(2).
49 App.:2607(c).
49 App.:2608(a) (last
sentence).
In subsection (a), the words ‘‘for launching one or
more launch vehicles or for operating one or more
launch sites, or both’’ in 49 App.:2606 are omitted as
surplus.
In subsection (b)(2)(C), the words ‘‘that would otherwise apply to the launch of a launch vehicle or the operation of a launch site’’ are omitted as surplus. The
words ‘‘the head of’’ are added for consistency in the revised title and with other titles of the United States
Code.
REFERENCES IN TEXT
Subsection (b)(2)(D), referred to in subsec. (a)(1), was
redesignated subsection (b)(2)(E) by Pub. L. 108–492,
§ 2(c)(10), Dec. 23, 2004, 118 Stat. 3977.
The date of enactment of the Commercial Space
Launch Amendments Act of 2004, referred to in subsec.
(b)(4)(B), (6), is the date of enactment of Pub. L. 108–492,
which was approved Dec. 23, 2004.
Page 81
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
AMENDMENTS
2012—Subsec. (c)(3). Pub. L. 112–95 substituted ‘‘Beginning on October 1, 2015,’’ for ‘‘Beginning 8 years after
the date of enactment of the Commercial Space Launch
Amendments Act of 2004,’’.
2010—Pub. L. 111–314, § 4(d)(2), (3)(E), successively renumbered section 70105 of title 49 and section 70105 of
this title as this section.
Subsec. (b)(5)(A). Pub. L. 111–314, § 4(d)(5)(F), substituted ‘‘section 50914(a)(2) and (c)’’ for ‘‘section
70112(a)(2) and (c)’’.
2004—Subsec. (a)(1). Pub. L. 108–492, § 2(c)(6)(A), substituted ‘‘the Secretary has not taken action on a license application’’ for ‘‘a license is not issued’’.
Subsec. (a)(2). Pub. L. 108–492, § 2(c)(6)(B), inserted
‘‘(including approval procedures for the purpose of protecting the health and safety of crews and space flight
participants, to the extent permitted by subsections (b)
and (c))’’ after ‘‘or personnel’’.
Subsec. (b)(1). Pub. L. 108–492, § 2(c)(7), inserted ‘‘or
permit’’ after ‘‘for a license’’.
Subsec. (b)(2)(B). Pub. L. 108–492, § 2(c)(8), substituted
‘‘any’’ for ‘‘an’’.
Subsec. (b)(2)(C). Pub. L. 108–492, § 2(c)(9), inserted ‘‘or
permit’’ after ‘‘for a license’’ and struck out ‘‘and’’ at
end.
Subsec. (b)(2)(D). Pub. L. 108–492, § 2(c)(10), added subpar. (D). Former subpar. (D) redesignated (E).
Subsec. (b)(2)(E). Pub. L. 108–492, § 2(c)(10), (11), redesignated subpar. (D) as (E) and inserted ‘‘or permit’’
after ‘‘for a license’’.
Subsec. (b)(3). Pub. L. 108–492, § 2(c)(12), inserted at
end ‘‘The Secretary may not grant a waiver under this
paragraph that would permit the launch or reentry of
a launch vehicle or a reentry vehicle without a license
or permit if a human being will be on board.’’
Subsec. (b)(4) to (6). Pub. L. 108–492, § 2(c)(13), added
pars. (4) to (6).
Subsec. (c). Pub. L. 108–492, § 2(c)(14), added subsec.
(c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 108–492, § 2(c)(14), (15), redesignated subsec. (c) as (d) and inserted ‘‘or permit’’ after
‘‘of a license’’.
1998—Subsec. (a). Pub. L. 105–303, § 102(a)(6)(B), substituted ‘‘accepting an application in accordance with
criteria established pursuant to subsection (b)(2)(D)’’
for ‘‘receiving an application’’ in two places.
Pub. L. 105–303, § 102(a)(6)(A), (C), designated existing
provisions as par. (1), inserted ‘‘The Secretary shall
transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a written
notice not later than 30 days after any occurrence when
a license is not issued within the deadline established
by this subsection.’’ at end of par. (1), and added par.
(2).
Subsec. (b)(1). Pub. L. 105–303, § 102(a)(6)(D), inserted
‘‘or a reentry site, or the reentry of a reentry vehicle,’’
after ‘‘operation of a launch site’’.
Subsec. (b)(2)(A). Pub. L. 105–303, § 102(a)(6)(E), substituted ‘‘, operation, or reentry’’ for ‘‘or operation’’.
Subsec. (b)(2)(D). Pub. L. 105–303, § 102(a)(6)(F)–(H),
added subpar. (D).
Subsec. (b)(3). Pub. L. 105–303, § 102(a)(6)(I), inserted
‘‘, including the requirement to obtain a license,’’ after
‘‘waive a requirement’’.
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007. Committee
on Science and Technology of House of Representatives
changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
§ 50906. Experimental permits
(a) A person may apply to the Secretary of
Transportation for an experimental permit
§ 50906
under this section in the form and manner the
Secretary prescribes. Consistent with the protection of the public health and safety, safety of
property, and national security and foreign policy interests of the United States, the Secretary, not later than 120 days after receiving an
application pursuant to this section, shall issue
a permit if the Secretary decides in writing that
the applicant complies, and will continue to
comply, with this chapter and regulations prescribed under this chapter. The Secretary shall
inform the applicant of any pending issue and
action required to resolve the issue if the Secretary has not made a decision not later than 90
days after receiving an application. The Secretary shall transmit to the Committee on
Science of the House of Representatives and
Committee on Commerce, Science, and Transportation of the Senate a written notice not
later than 15 days after any occurrence when the
Secretary has failed to act on a permit within
the deadline established by this section.
(b) In carrying out subsection (a), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles,
safety systems, processes, services, or personnel
that may be used in conducting commercial
space launch or reentry activities pursuant to a
permit.
(c) In order to encourage the development of a
commercial space flight industry, the Secretary
may when issuing permits use the authority
granted under section 50905(b)(2)(C).
(d) The Secretary may issue a permit only for
reusable suborbital rockets that will be
launched or reentered solely for—
(1) research and development to test new design concepts, new equipment, or new operating techniques;
(2) showing compliance with requirements as
part of the process for obtaining a license
under this chapter; or
(3) crew training prior to obtaining a license
for a launch or reentry using the design of the
rocket for which the permit would be issued.
(e) Permits issued under this section shall—
(1) authorize an unlimited number of
launches and reentries for a particular suborbital rocket design for the uses described in
subsection (d); and
(2) specify the type of modifications that
may be made to the suborbital rocket without
changing the design to an extent that would
invalidate the permit.
(f) Permits shall not be transferable.
(g) A permit may not be issued for, and a permit that has already been issued shall cease to
be valid for, a particular design for a reusable
suborbital rocket after a license has been issued
for the launch or reentry of a rocket of that design.
(h) No person may operate a reusable suborbital rocket under a permit for carrying any
property or human being for compensation or
hire.
(i) For the purposes of sections 50907, 50908,
50909, 50910, 50912, 50914, 50917, 50918, 50919, and
50923 of this chapter—
(1) a permit shall be considered a license;
(2) the holder of a permit shall be considered
a licensee;
§ 50907
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(3) a vehicle operating under a permit shall
be considered to be licensed; and
(4) the issuance of a permit shall be considered licensing.
This subsection shall not be construed to allow
the transfer of a permit.
(Added Pub. L. 108–492, § 2(c)(16), Dec. 23, 2004, 118
Stat. 3979, § 70105a of title 49; renumbered § 70105a
then § 50906 of title 51 and amended Pub. L.
111–314, § 4(d)(2), (3)(F), (5)(G), (H), Dec. 18, 2010,
124 Stat. 3440–3442.)
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (3)(F), successively renumbered section 70105a of title 49 and section 70105a of
this title as this section.
Subsec. (c). Pub. L. 111–314, § 4(d)(5)(G), substituted
‘‘section 50905(b)(2)(C)’’ for ‘‘section 70105(b)(2)(C)’’.
Subsec. (i). Pub. L. 111–314, § 4(d)(5)(H), substituted
‘‘sections 50907, 50908, 50909, 50910, 50912, 50914, 50917,
50918, 50919, and 50923’’ for ‘‘sections 70106, 70107, 70108,
70109, 70110, 70112, 70115, 70116, 70117, and 70121’’ in introductory provisions.
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007. Committee
on Science and Technology of House of Representatives
changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
§ 50907. Monitoring activities
(a) GENERAL REQUIREMENTS.—A licensee under
this chapter must allow the Secretary of Transportation to place an officer or employee of the
United States Government or another individual
as an observer at a launch site or reentry site
the licensee uses, at a production facility or assembly site a contractor of the licensee uses to
produce or assemble a launch vehicle or reentry
vehicle, at a site used for crew or space flight
participant training, or at a site at which a payload is integrated with a launch vehicle or reentry vehicle. The observer will monitor the activity of the licensee or contractor at the time
and to the extent the Secretary considers reasonable to ensure compliance with the license or
to carry out the duties of the Secretary under
sections 50904(c), 50905, and 50906 of this title. A
licensee must cooperate with an observer carrying out this subsection.
(b) CONTRACTS.—To the extent provided in advance in an appropriation law, the Secretary
may make a contract with a person to carry out
subsection (a) of this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1334,
§ 70106 of title 49; Pub. L. 105–303, title I,
§ 102(a)(7), Oct. 28, 1998, 112 Stat. 2848; Pub. L.
108–492, § 2(c)(17), Dec. 23, 2004, 118 Stat. 3980; renumbered § 70106 then § 50907 of title 51 and
amended Pub. L. 111–314, § 4(d)(2), (3)(G), (5)(I),
Dec. 18, 2010, 124 Stat. 3440–3442.)
HISTORICAL AND REVISION NOTES
Revised
Section
70106(a) ......
Source (U.S. Code)
49 App.:2613(a).
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 14, 98 Stat. 3060.
Page 82
HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
70106(b) ......
Source (U.S. Code)
Source (Statutes at Large)
49 App.:2613(b).
In subsection (a), the word ‘‘duties’’ is substituted for
‘‘responsibilities’’ for consistency in the revised title
and with other titles of the United States Code.
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (3)(G), successively renumbered section 70106 of title 49 and section 70106 of
this title as this section.
Subsec. (a). Pub. L. 111–314, § 4(d)(5)(I), substituted
‘‘sections 50904(c), 50905, and 50906’’ for ‘‘sections
70104(c), 70105, and 70105a’’.
2004—Subsec. (a). Pub. L. 108–492 inserted ‘‘at a site
used for crew or space flight participant training,’’
after ‘‘assemble a launch vehicle or reentry vehicle,’’
and substituted ‘‘sections 70104(c), 70105, and 70105a’’ for
‘‘section 70104(c)’’.
1998—Subsec. (a). Pub. L. 105–303, in first sentence, inserted ‘‘or reentry site’’ after ‘‘observer at a launch
site’’ and ‘‘or reentry vehicle’’ after ‘‘assemble a launch
vehicle’’ and after ‘‘with a launch vehicle’’.
§ 50908. Effective periods, and modifications, suspensions, and revocations, of licenses
(a) EFFECTIVE PERIODS OF LICENSES.—The Secretary of Transportation shall specify the period
for which a license issued or transferred under
this chapter is in effect.
(b) MODIFICATIONS.—(1) On the initiative of the
Secretary or on application of the licensee, the
Secretary may modify a license issued or transferred under this chapter if the Secretary decides the modification will comply with this
chapter.
(2) The Secretary shall modify a license issued
or transferred under this chapter whenever a
modification is needed for the license to be in
conformity with a regulation that was issued
pursuant to section 50905(c) after the issuance of
the license. This paragraph shall not apply to
permits.
(c) SUSPENSIONS AND REVOCATIONS.—The Secretary may suspend or revoke a license if the
Secretary decides that—
(1) the licensee has not complied substantially with a requirement of this chapter or a
regulation prescribed under this chapter; or
(2) the suspension or revocation is necessary
to protect the public health and safety, the
safety of property, or a national security or
foreign policy interest of the United States.
(d) ADDITIONAL SUSPENSIONS.—(1) The Secretary may suspend a license when a previous
launch or reentry under the license has resulted
in a serious or fatal injury (as defined in 49 CFR
830, as in effect on November 10, 2004) to crew or
space flight participants and the Secretary has
determined that continued operations under the
license are likely to cause additional serious or
fatal injury (as defined in 49 CFR 830, as in effect
on November 10, 2004) to crew or space flight
participants.
(2) Any suspension imposed under this subsection shall be for as brief a period as possible
and, in any event, shall cease when the Secretary—
(A) has determined that the licensee has
taken sufficient steps to reduce the likelihood
Page 83
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
of a recurrence of the serious or fatal injury;
or
(B) has modified the license pursuant to subsection (b) to sufficiently reduce the likelihood of a recurrence of the serious or fatal injury.
(3) This subsection shall not apply to permits.
(e) EFFECTIVE PERIODS OF MODIFICATIONS, SUSPENSIONS, AND REVOCATIONS.—Unless the Secretary specifies otherwise, a modification, suspension, or revocation under this section takes
effect immediately and remains in effect during
a review under section 50912 of this title.
(f) NOTIFICATION.—The Secretary shall notify
the licensee in writing of the decision of the
Secretary under this section and any action the
Secretary takes or proposes to take based on the
decision.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1334,
§ 70107 of title 49; Pub. L. 108–492, § 2(c)(18), (19),
Dec. 23, 2004, 118 Stat. 3980; renumbered § 70107
then § 50908 of title 51 and amended Pub. L.
111–314, § 4(d)(2), (3)(H), (5)(J), (K), Dec. 18, 2010,
124 Stat. 3440–3442.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70107(a) ......
49 App.:2606 (last
sentence).
70107(b)
70107(c)
70107(d)
70107(e)
49
49
49
49
......
......
......
......
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§§ 7 (last sentence), 10, 98
Stat. 3058, 3059.
App.:2609(b).
App.:2609(a).
App.:2609(c).
App.:2609(d).
In subsection (a), the words ‘‘of time’’ and ‘‘in accordance with regulations issued under this chapter’’ are
omitted as surplus.
In subsection (b), the words ‘‘the requirements of’’
are omitted as surplus.
In subsection (e), the words ‘‘Whenever the Secretary
takes any action’’ are omitted as surplus.
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (3)(H), successively renumbered section 70107 of title 49 and section 70107 of
this title as this section.
Subsec. (b)(2). Pub. L. 111–314, § 4(d)(5)(J), substituted
‘‘section 50905(c)’’ for ‘‘section 70105(c)’’.
Subsec. (e). Pub. L. 111–314, § 4(d)(5)(K), substituted
‘‘section 50912’’ for ‘‘section 70110’’.
2004—Subsec. (b). Pub. L. 108–492, § 2(c)(18), designated
existing text as par. (1) and added par. (2).
Subsecs. (d) to (f). Pub. L. 108–492, § 2(c)(19), added
subsec. (d) and redesignated former subsecs. (d) and (e)
as (e) and (f), respectively.
§ 50909. Prohibition, suspension, and end of
launches, operation of launch sites and reentry sites, and reentries
(a) GENERAL AUTHORITY.—The Secretary of
Transportation may prohibit, suspend, or end
immediately the launch of a launch vehicle or
the operation of a launch site or reentry site, or
reentry of a reentry vehicle, licensed under this
chapter if the Secretary decides the launch or
operation or reentry is detrimental to the public
health and safety, the safety of property, or a
national security or foreign policy interest of
the United States.
(b) EFFECTIVE PERIODS OF ORDERS.—An order
under this section takes effect immediately and
remains in effect during a review under section
50912 of this title.
§ 50910
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1334,
§ 70108 of title 49; Pub. L. 105–303, title I,
§ 102(a)(8), Oct. 28, 1998, 112 Stat. 2848; renumbered § 70108 then § 50909 of title 51 and amended
Pub. L. 111–314, § 4(d)(2), (3)(I), (5)(L), Dec. 18,
2010, 124 Stat. 3440–3442.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70108(a) ......
49 App.:2610(a).
70108(b) ......
49 App.:2610(b).
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 11, 98 Stat. 3059.
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (3)(I), successively renumbered section 70108 of title 49 and section 70108 of
this title as this section.
Subsec. (b). Pub. L. 111–314, § 4(d)(5)(L), substituted
‘‘section 50912’’ for ‘‘section 70110’’.
1998—Pub. L. 105–303, § 102(a)(8)(A), substituted ‘‘Prohibition, suspension, and end of launches, operation of
launch sites and reentry sites, and reentries’’ for ‘‘Prohibition, suspension, and end of launches and operation
of launch sites’’ in section catchline.
Subsec. (a). Pub. L. 105–303, § 102(a)(8)(B), inserted ‘‘or
reentry site, or reentry of a reentry vehicle,’’ after ‘‘operation of a launch site’’ and ‘‘or reentry’’ after
‘‘launch or operation’’.
§ 50910. Preemption of scheduled launches or reentries
(a) GENERAL.—With the cooperation of the
Secretary of Defense and the Administrator of
the National Aeronautics and Space Administration, the Secretary of Transportation shall act
to ensure that a launch or reentry of a payload
is not preempted from access to a United States
Government launch site, reentry site, or launch
property, except for imperative national need,
when a launch date commitment or reentry date
commitment from the Government has been obtained for a launch or reentry licensed under
this chapter. A licensee or transferee preempted
from access to a launch site, reentry site, or
launch property does not have to pay the Government any amount for launch services, or
services related to a reentry, attributable only
to the scheduled launch or reentry prevented by
the preemption.
(b) IMPERATIVE NATIONAL NEED DECISIONS.—In
consultation with the Secretary of Transportation, the Secretary of Defense or the Administrator shall decide when an imperative national
need requires preemption under subsection (a) of
this section. That decision may not be delegated.
(c) REPORTS.—In cooperation with the Secretary of Transportation, the Secretary of Defense or the Administrator, as appropriate, shall
submit to Congress not later than 7 days after a
decision to preempt under subsection (a) of this
section, a report that includes an explanation of
the circumstances justifying the decision and a
schedule for ensuring the prompt launching or
reentry of a preempted payload.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335,
§ 70109 of title 49; Pub. L. 105–303, title I,
§ 102(a)(9), Oct. 28, 1998, 112 Stat. 2849; renumbered § 70109 then § 50910 of title 51, Pub. L.
111–314, § 4(d)(2), (3)(J), Dec. 18, 2010, 124 Stat.
3440, 3441.)
§ 50911
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
70109(a) ......
49 App.:2614(b)(4)(A)
(1st, last sentences).
Oct. 30, 1984, Pub. L. 98–575,
98 Stat. 3055, § 15(b)(4);
added Nov. 15, 1988, Pub.
L. 100–657, § 7, 102 Stat.
3906.
70109(b) ......
49 App.:2614(b)(4)(A)
(2d sentence).
49 App.:2614(b)(4)(B).
70109(c) ......
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70109 of title 49 and section 70109 of this title as this
section.
1998—Pub. L. 105–303, § 102(a)(9)(A), substituted ‘‘Preemption of scheduled launches or reentries’’ for ‘‘Preemption of scheduled launches’’ in section catchline.
Subsec. (a). Pub. L. 105–303, § 102(a)(9)(B), inserted ‘‘or
reentry’’ after ‘‘ensure that a launch’’, ‘‘, reentry site,’’
after ‘‘United States Government launch site’’, ‘‘or reentry date commitment’’ after ‘‘launch date commitment’’, ‘‘or reentry’’ after ‘‘obtained for a launch’’,
‘‘, reentry site,’’ after ‘‘access to a launch site’’, ‘‘, or
services related to a reentry,’’ after ‘‘amount for
launch services’’, and ‘‘or reentry’’ after ‘‘the scheduled
launch’’.
Subsec. (c). Pub. L. 105–303, § 102(a)(9)(C), inserted ‘‘or
reentry’’ after ‘‘prompt launching’’.
§ 50911. Space advertising
(a) LICENSING.—Notwithstanding the provisions of this chapter or any other provision of
law, the Secretary may not, for the launch of a
payload containing any material to be used for
the purposes of obtrusive space advertising—
(1) issue or transfer a license under this
chapter; or
(2) waive the license requirements of this
chapter.
(b) LAUNCHING.—No holder of a license under
this chapter may launch a payload containing
any material to be used for purposes of obtrusive space advertising.
(c) COMMERCIAL SPACE ADVERTISING.—Nothing
in this section shall apply to nonobtrusive commercial space advertising, including advertising
on—
(1) commercial space transportation vehicles;
(2) space infrastructure payloads;
(3) space launch facilities; and
(4) launch support facilities.
(Added Pub. L. 106–391, title III, § 322(b), Oct. 30,
2000, 114 Stat. 1598, § 70109a of title 49; renumbered § 70109a then § 50911 of title 51, Pub. L.
111–314, § 4(d)(2), (3)(K), Dec. 18, 2010, 124 Stat.
3440, 3441.)
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70109a of title 49 and section 70109a of this title as this
section.
NEGOTIATION WITH FOREIGN LAUNCHING NATIONS
Pub. L. 106–391, title III, § 322(c), Oct. 30, 2000, 114 Stat.
1598, provided that:
‘‘(1) The President is requested to negotiate with foreign launching nations for the purpose of reaching one
or more agreements that prohibit the use of outer
space for obtrusive space advertising purposes.
‘‘(2) It is the sense of the Congress that the President
should take such action as is appropriate and feasible
Page 84
to enforce the terms of any agreement to prohibit the
use of outer space for obtrusive space advertising purposes.
‘‘(3) As used in this subsection, the term ‘foreign
launching nation’ means a nation—
‘‘(A) that launches, or procures the launching of, a
payload into outer space; or
‘‘(B) from the territory or facility of which a payload is launched into outer space.’’
§ 50912. Administrative hearings and judicial review
(a) ADMINISTRATIVE HEARINGS.—The Secretary
of Transportation shall provide an opportunity
for a hearing on the record to—
(1) an applicant under this chapter, for a decision of the Secretary under section 50905(a)
or 50906 of this title to issue or transfer a license with terms or deny the issuance or
transfer of a license;
(2) an owner or operator of a payload under
this chapter, for a decision of the Secretary
under section 50904(c) of this title to prevent
the launch or reentry of the payload; and
(3) a licensee under this chapter, for a decision of the Secretary under—
(A) section 50908(b) or (c) of this title to
modify, suspend, or revoke a license; or
(B) section 50909(a) of this title to prohibit,
suspend, or end a launch or operation of a
launch site or reentry site, or reentry of a
reentry vehicle, licensed by the Secretary.
(b) JUDICIAL REVIEW.—A final action of the
Secretary under this chapter is subject to judicial review as provided in chapter 7 of title 5.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335,
§ 70110 of title 49; Pub. L. 105–303, title I,
§ 102(a)(10), Oct. 28, 1998, 112 Stat. 2849; Pub. L.
108–492, § 2(c)(20), Dec. 23, 2004, 118 Stat. 3981; renumbered § 70110 then § 50912 of title 51 and
amended Pub. L. 111–314, § 4(d)(2), (3)(L),
(5)(M)–(P), Dec. 18, 2010, 124 Stat. 3440–3442.)
HISTORICAL AND REVISION NOTES
Revised
Section
70110(a)(1) ..
70110(a)(2) ..
70110(a)(3) ..
70110(b) ......
Source (U.S. Code)
49 App.:2611(a)(1)
(1st sentence).
49 App.:2611(a)(1)
(last sentence).
49 App.:2611(a)(2).
49 App.:2611(b).
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 12, 98 Stat. 3060.
In subsection (a), before clause (1), the words ‘‘The
Secretary of Transportation shall provide an opportunity for a hearing on the record to’’ are substituted
for ‘‘shall be entitled to a determination on the record
after an opportunity for a hearing’’ for consistency in
the revised title. The words ‘‘in accordance with section 554 of title 5’’ are omitted for consistency and because 5:554 applies to a hearing on the record unless
otherwise stated. In clause (1), the words ‘‘and a proposed transferee of a license’’ are omitted as being included in ‘‘applicant’’.
In subsection (b), the words ‘‘to issue, transfer, deny
the issuance or transfer of, suspend, revoke, or modify
a license or to terminate, prohibit, or suspend any
launch or operation of a launch site licensed by the
Secretary or to prevent the launch of a payload’’ are
omitted as surplus.
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (3)(L), successively renumbered section 70110 of title 49 and section 70110 of
this title as this section.
Page 85
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
Subsec. (a)(1). Pub. L. 111–314, § 4(d)(5)(M), substituted
‘‘section 50905(a) or 50906’’ for ‘‘section 70105(a) or
70105a’’.
Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(N), substituted
‘‘section 50904(c)’’ for ‘‘section 70104(c)’’.
Subsec. (a)(3)(A). Pub. L. 111–314, § 4(d)(5)(O), substituted ‘‘section 50908(b) or (c)’’ for ‘‘section 70107(b) or
(c)’’.
Subsec. (a)(3)(B). Pub. L. 111–314, § 4(d)(5)(P), substituted ‘‘section 50909(a)’’ for ‘‘section 70108(a)’’.
2004—Subsec. (a)(1). Pub. L. 108–492 inserted ‘‘or
70105a’’ after ‘‘70105(a)’’.
1998—Subsec. (a)(2). Pub. L. 105–303, § 102(a)(10)(A), inserted ‘‘or reentry’’ after ‘‘prevent the launch’’.
Subsec. (a)(3)(B). Pub. L. 105–303, § 102(a)(10)(B), inserted ‘‘or reentry site, or reentry of a reentry vehicle,’’ after ‘‘operation of a launch site’’
§ 50913. Acquiring United States Government
property and services
(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—(1) The Secretary of Transportation
shall facilitate and encourage the acquisition by
the private sector and State governments of—
(A) launch or reentry property of the United
States Government that is excess or otherwise
is not needed for public use; and
(B) launch services and reentry services, including utilities, of the Government otherwise
not needed for public use.
(2) In acting under paragraph (1) of this subsection, the Secretary shall consider the commercial availability on reasonable terms of substantially equivalent launch property or launch
services or reentry services from a domestic
source, whether such source is located on or off
a Federal range.
(b) PRICE.—(1) In this subsection, ‘‘direct
costs’’ means the actual costs that—
(A) can be associated unambiguously with a
commercial launch or reentry effort; and
(B) the Government would not incur if there
were no commercial launch or reentry effort.
(2) In consultation with the Secretary, the
head of the executive agency providing the property or service under subsection (a) of this section shall establish the price for the property or
service. The price for—
(A) acquiring launch property by sale or
transaction instead of sale is the fair market
value;
(B) acquiring launch property (except by
sale or transaction instead of sale) is an
amount equal to the direct costs, including
specific wear and tear and property damage,
the Government incurred because of acquisition of the property; and
(C) launch services or reentry services is an
amount equal to the direct costs, including
the basic pay of Government civilian and contractor personnel, the Government incurred
because of acquisition of the services.
(3) The Secretary shall ensure the establishment of uniform guidelines for, and consistent
implementation of, this section by all Federal
agencies.
(c) COLLECTION BY SECRETARY.—The Secretary
may collect a payment under this section with
the consent of the head of the executive agency
establishing the price. Amounts collected under
this subsection shall be deposited in the Treas-
§ 50913
ury. Amounts (except for excess launch property) shall be credited to the appropriation from
which the cost of providing the property or services was paid.
(d) COLLECTION BY OTHER GOVERNMENTAL
HEADS.—The head of a department, agency, or
instrumentality of the Government may collect
a payment for an activity involved in producing
a launch vehicle or reentry vehicle, or the payload of either, for launch or reentry if the activity was agreed to by the owner or manufacturer
of the launch vehicle, reentry vehicle, or payload.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335,
§ 70111 of title 49; Pub. L. 105–303, title I,
§ 102(a)(11), Oct. 28, 1998, 112 Stat. 2849; renumbered § 70111 then § 50913 of title 51, Pub. L.
111–314, § 4(d)(2), (3)(M), Dec. 18, 2010, 124 Stat.
3440, 3441.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70111(a) ......
49 App.:2614(a).
70111(b) ......
49 App.:2614(b)(1).
70111(c) ......
49 App.:2614(b)(2),
(3).
49 App.:2614(d).
70111(d) ......
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 15(a), 98 Stat. 3060; Nov.
15, 1988, Pub. L. 100–657,
§ 4(a), 102 Stat. 3900; Nov.
16, 1990, Pub. L. 101–611,
§ 117(b), 104 Stat. 3202.
Oct. 30, 1984, Pub. L. 98–575,
§ 15(b)(1), 98 Stat. 3061;
Nov. 15, 1988, Pub. L.
100–657, § 4(b), 102 Stat.
3901.
Oct. 30, 1984, Pub. L. 98–575,
§ 15(b)(2), (3), 98 Stat. 3061.
Oct. 30, 1984, Pub. L. 98–575,
98 Stat. 3055, § 15(d); added
Nov. 15, 1988, Pub. L.
100–657, § 4(c), 102 Stat.
3901.
In subsection (a)(1), before clause (A), the words
‘‘take such actions as may be necessary to’’ and ‘‘(by
lease, sale, transaction in lieu of sale, or otherwise)’’
are omitted as surplus.
In subsections (b)(2) and (c), the words ‘‘the head of’’
are added for consistency in the revised title and with
other titles of the United States Code.
In subsection (b)(2), before clause (A), the word
‘‘price’’ is substituted for ‘‘amount to be paid to the
United States’’ and ‘‘the amount of such payment’’ to
eliminate unnecessary words. The words ‘‘by any person who acquires launch property or launch services,
including utilities’’ are omitted as surplus. In clause
(C), the words ‘‘including utilities’’ are omitted as surplus. The words ‘‘basic pay’’ are substituted for ‘‘salaries’’ for clarity.
In subsection (c), the word ‘‘collected’’ is substituted
for ‘‘received’’ for consistency in this section. The
words ‘‘by the United States for launch property or
launch services, including utilities’’ and ‘‘the general
fund of’’ are omitted as surplus.
In subsection (d), the words ‘‘department, agency, or
instrumentality of the Government’’ are substituted
for ‘‘Federal agency or department’’ for consistency in
the revised title and with other titles of the Code.
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70111 of title 49 and section 70111 of this title as this
section.
1998—Subsec. (a)(1)(A). Pub. L. 105–303, § 102(a)(11)(A),
inserted ‘‘or reentry’’ after ‘‘launch’’.
Subsec. (a)(1)(B). Pub. L. 105–303, § 102(a)(11)(B), inserted ‘‘and reentry services’’ after ‘‘launch services’’.
Subsec. (a)(2). Pub. L. 105–303, § 102(a)(11)(C), (D), inserted ‘‘or reentry services’’ after ‘‘or launch services’’
and substituted ‘‘source, whether such source is located
on or off a Federal range’’ for ‘‘source’’.
§ 50914
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
Subsec. (b)(1)(A), (B). Pub. L. 105–303, § 102(a)(11)(E),
inserted ‘‘or reentry’’ after ‘‘commercial launch’’.
Subsec. (b)(2)(C). Pub. L. 105–303, § 102(a)(11)(F), inserted ‘‘or reentry services’’ after ‘‘launch services’’.
Subsec. (b)(3). Pub. L. 105–303, § 102(a)(11)(G), added
par. (3).
Subsec. (d). Pub. L. 105–303, § 102(a)(11)(H), (I), substituted ‘‘or reentry vehicle, or the payload of either,
for launch or reentry’’ for ‘‘or its payload for launch’’
and inserted ‘‘, reentry vehicle,’’ after ‘‘manufacturer
of the launch vehicle’’.
§ 50914. Liability insurance and financial responsibility requirements
(a) GENERAL REQUIREMENTS.—(1) When a
launch or reentry license is issued or transferred
under this chapter, the licensee or transferee
shall obtain liability insurance or demonstrate
financial responsibility in amounts to compensate for the maximum probable loss from
claims by—
(A) a third party for death, bodily injury, or
property damage or loss resulting from an activity carried out under the license; and
(B) the United States Government against a
person for damage or loss to Government property resulting from an activity carried out
under the license.
(2) The Secretary of Transportation shall determine the amounts required under paragraph
(1)(A) and (B) of this subsection, after consulting
with the Administrator of the National Aeronautics and Space Administration, the Secretary of the Air Force, and the heads of other
appropriate executive agencies.
(3) For the total claims related to one launch
or reentry, a licensee or transferee is not required to obtain insurance or demonstrate financial responsibility of more than—
(A)(i) $500,000,000 under paragraph (1)(A) of
this subsection; or
(ii) $100,000,000 under paragraph (1)(B) of this
subsection; or
(B) the maximum liability insurance available on the world market at reasonable cost if
the amount is less than the applicable amount
in clause (A)(i) or (ii) of this paragraph.
(4) An insurance policy or demonstration of financial responsibility under this subsection
shall protect the following, to the extent of
their potential liability for involvement in
launch services or reentry services, at no cost to
the Government:
(A) the Government.
(B) executive agencies and personnel, contractors, and subcontractors of the Government.
(C) contractors, subcontractors, and customers of the licensee or transferee.
(D) contractors and subcontractors of the
customer.
(b) RECIPROCAL WAIVER OF CLAIMS.—(1) A
launch or reentry license issued or transferred
under this chapter shall contain a provision requiring the licensee or transferee to make a reciprocal waiver of claims with its contractors,
subcontractors, and customers, and contractors
and subcontractors of the customers, involved in
launch services or reentry services under which
each party to the waiver agrees to be responsible for property damage or loss it sustains, or
Page 86
for personal injury to, death of, or property
damage or loss sustained by its own employees
resulting from an activity carried out under the
applicable license.
(2) The Secretary of Transportation shall
make, for the Government, executive agencies of
the Government involved in launch services or
reentry services, and contractors and subcontractors involved in launch services or reentry services, a reciprocal waiver of claims
with the licensee or transferee, contractors, subcontractors, crew, space flight participants, and
customers of the licensee or transferee, and contractors and subcontractors of the customers,
involved in launch services or reentry services
under which each party to the waiver agrees to
be responsible for property damage or loss it
sustains, or for personal injury to, death of, or
property damage or loss sustained by its own
employees or by space flight participants, resulting from an activity carried out under the
applicable license. The waiver applies only to
the extent that claims are more than the
amount of insurance or demonstration of financial responsibility required under subsection
(a)(1)(B) of this section. After consulting with
the Administrator and the Secretary of the Air
Force, the Secretary of Transportation may
waive, for the Government and a department,
agency, and instrumentality of the Government,
the right to recover damages for damage or loss
to Government property to the extent insurance
is not available because of a policy exclusion the
Secretary of Transportation decides is usual for
the type of insurance involved.
(c) DETERMINATION OF MAXIMUM PROBABLE
LOSSES.—The Secretary of Transportation shall
determine the maximum probable losses under
subsection (a)(1)(A) and (B) of this section associated with an activity under a license not later
than 90 days after a licensee or transferee requires a determination and submits all information the Secretary requires. The Secretary shall
amend the determination as warranted by new
information.
(d) ANNUAL REPORT.—(1) Not later than November 15 of each year, the Secretary of Transportation shall submit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Science of the
House of Representatives a report on current determinations made under subsection (c) of this
section related to all issued licenses and the reasons for the determinations.
(2) Not later than May 15 of each year, the
Secretary of Transportation shall review the
amounts specified in subsection (a)(3)(A) of this
section and submit a report to Congress that
contains proposed adjustments in the amounts
to conform with changed liability expectations
and availability of insurance on the world market. The proposed adjustment takes effect 30
days after a report is submitted.
(e) LAUNCHES OR REENTRIES INVOLVING GOVERNMENT FACILITIES AND PERSONNEL.—The Secretary of Transportation shall establish requirements consistent with this chapter for proof of
financial responsibility and other assurances
necessary to protect the Government and its executive agencies and personnel from liability,
death, bodily injury, or property damage or loss
Page 87
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
as a result of a launch or operation of a launch
site or reentry site or a reentry involving a facility or personnel of the Government. The Secretary may not relieve the Government of liability under this subsection for death, bodily injury, or property damage or loss resulting from
the willful misconduct of the Government or its
agents.
(f) COLLECTION AND CREDITING PAYMENTS.—The
head of a department, agency, or instrumentality of the Government shall collect a payment
owed for damage or loss to Government property
under its jurisdiction or control resulting from
an activity carried out under a launch or reentry license issued or transferred under this
chapter. The payment shall be credited to the
current applicable appropriation, fund, or account of the department, agency, or instrumentality.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1336,
§ 70112 of title 49; Pub. L. 104–287, § 5(74), (93), Oct.
11, 1996, 110 Stat. 3396, 3398; Pub. L. 105–303, title
I, § 102(a)(12), Oct. 28, 1998, 112 Stat. 2850; Pub. L.
108–492, § 2(c)(21), Dec. 23, 2004, 118 Stat. 3981; renumbered § 70112 then § 50914 of title 51, Pub. L.
111–314, § 4(d)(2), (3)(N), Dec. 18, 2010, 124 Stat.
3440, 3441.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
70112(a)(1),
(2).
49 App.:2615(a)(1)(A)
(1st sentence), (B)
(1st sentence).
Oct. 30, 1984, Pub. L. 98–575,
§ 16(a), (c), 98 Stat. 3061;
restated Nov. 15, 1988,
Pub. L. 100–657, § 5(a), 102
Stat. 3901, 3905.
70112(a)(3) ..
70112(d)(2) ..
70112(e) ......
49 App.:2615(a)(1)(A)
(last sentence),
(B) (last sentence).
49 App.:2615(a)(2).
49 App.:2615(a)(1)(C).
49 App.:2615(a)(1)(D).
49 App.:2615(a)(3)
(1st, 2d sentences).
49 App.:2615(a)(3)
(last sentence).
49 App.:2615(a)(4).
49 App.:2614(c).
70112(f) .......
49 App.:2615(c).
70112(a)(4) ..
70112(b)(1) ..
70112(b)(2) ..
70112(c) ......
70112(d)(1) ..
§ 50915
PUB. L. 104–287, § 5(93)
This amends 49:70112(a)(3)(B) to clarify a cross-reference in the codification enacted by section 1 of the
Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1337).
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70112 of title 49 and section 70112 of this title as this
section.
2004—Subsec. (b)(2). Pub. L. 108–492 inserted ‘‘crew,
space flight participants,’’ after ‘‘transferee, contractors, subcontractors,’’ and ‘‘or by space flight participants,’’ after ‘‘its own employees’’.
1998—Subsec. (a)(1). Pub. L. 105–303, § 102(a)(12)(A), inserted ‘‘launch or reentry’’ before ‘‘license is issued’’.
Subsec. (a)(3). Pub. L. 105–303, § 102(a)(12)(B), inserted
‘‘or reentry’’ after ‘‘one launch’’ in introductory provisions.
Subsec. (a)(4). Pub. L. 105–303, § 102(a)(12)(C), inserted
‘‘or reentry services’’ after ‘‘launch services’’ in introductory provisions.
Subsec. (b)(1). Pub. L. 105–303, § 102(a)(12)(D)–(F), inserted ‘‘launch or reentry’’ before ‘‘license issued or
transferred’’, ‘‘or reentry services’’ after ‘‘launch services’’, and ‘‘applicable’’ after ‘‘carried out under the’’.
Subsec. (b)(2). Pub. L. 105–303, § 102(a)(12)(E), (F), inserted ‘‘or reentry services’’ after ‘‘launch services’’
wherever appearing and ‘‘applicable’’ after ‘‘carried out
under the’’.
Subsec. (e). Pub. L. 105–303, § 102(a)(12)(G), (H), inserted ‘‘or Reentries’’ after ‘‘Launches’’ in heading and
‘‘or reentry site or a reentry’’ after ‘‘launch site’’ in
text.
Subsec. (f). Pub. L. 105–303, § 102(a)(12)(I), inserted
‘‘launch or reentry’’ before ‘‘license issued or transferred’’.
1996—Subsec. (a)(3)(B). Pub. L. 104–287, § 5(93), substituted ‘‘clause (A)(i) or (ii)’’ for ‘‘clause (A)’’.
Subsec. (d)(1). Pub. L. 104–287, § 5(74), substituted
‘‘Committee on Science’’ for ‘‘Committee on Science,
Space, and Technology’’.
CHANGE OF NAME
Oct. 30, 1984, Pub. L. 98–575,
§ 15(c), 98 Stat. 3061; restated Nov. 15, 1988, Pub.
L. 100–657, § 5(b), 102 Stat.
3905.
In subsection (a), the word ‘‘particular’’ is omitted as
surplus.
In subsection (a)(1), before clause (A), the word ‘‘sufficient’’ is omitted as surplus. In clauses (A) and (B),
the words ‘‘in connection with any particular launch’’
are omitted as surplus.
In subsection (a)(4), before clause (A), the words
‘‘made . . . a requirement described in’’ are omitted as
surplus.
In subsection (b)(2), the words ‘‘department, agency,
and instrumentality of the Government’’ are substituted for ‘‘Federal agency’’ for consistency in the revised title and with other titles of the United States
Code.
In subsection (d)(2), the words ‘‘if appropriate’’ are
omitted as surplus.
In subsection (f), the words ‘‘department, agency, or
instrumentality of the Government’’ are substituted
for ‘‘Federal agency or department’’ for consistency in
the revised title and with other titles of the Code. The
words ‘‘insurance proceeds or . . . other’’ and ‘‘proceeds
or other’’ are omitted as surplus.
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007. Committee
on Science and Technology of House of Representatives
changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 5(93) of Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set
out as a note under section 5303 of Title 49, Transportation.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which the 2nd item on
page 133 identifies a reporting provision which, as subsequently amended, is contained in subsec. (d)(1) of this
section), see section 3003 of Pub. L. 104–66, as amended,
set out as a note under section 1113 of Title 31, Money
and Finance.
§ 50915. Paying claims exceeding liability insurance and financial responsibility requirements
(a) GENERAL REQUIREMENTS.—(1) To the extent
provided in advance in an appropriation law or
to the extent additional legislative authority is
enacted providing for paying claims in a compensation plan submitted under subsection (d) of
§ 50915
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
this section, the Secretary of Transportation
shall provide for the payment by the United
States Government of a successful claim (including reasonable litigation or settlement expenses) of a third party against a licensee or
transferee under this chapter, a contractor, subcontractor, or customer of the licensee or transferee, or a contractor or subcontractor of a customer, but not against a space flight participant, resulting from an activity carried out
under the license issued or transferred under
this chapter for death, bodily injury, or property
damage or loss resulting from an activity carried out under the license. However, claims may
be paid under this section only to the extent the
total amount of successful claims related to one
launch or reentry—
(A) is more than the amount of insurance or
demonstration of financial responsibility required under section 50914(a)(1)(A) of this title;
and
(B) is not more than $1,500,000,000 (plus additional amounts necessary to reflect inflation
occurring after January 1, 1989) above that insurance or financial responsibility amount.
(2) The Secretary may not provide for paying
a part of a claim for which death, bodily injury,
or property damage or loss results from willful
misconduct by the licensee or transferee. To the
extent
insurance
required
under
section
50914(a)(1)(A) of this title is not available to
cover a successful third party liability claim because of an insurance policy exclusion the Secretary decides is usual for the type of insurance
involved, the Secretary may provide for paying
the excluded claims without regard to the limitation contained in section 50914(a)(1).
(b) NOTICE, PARTICIPATION, AND APPROVAL.—
Before a payment under subsection (a) of this
section is made—
(1) notice must be given to the Government
of a claim, or a civil action related to the
claim, against a party described in subsection
(a)(1) of this section for death, bodily injury,
or property damage or loss;
(2) the Government must be given an opportunity to participate or assist in the defense of
the claim or action; and
(3) the Secretary must approve any part of a
settlement to be paid out of appropriations of
the Government.
(c) WITHHOLDING PAYMENTS.—The Secretary
may withhold a payment under subsection (a) of
this section if the Secretary certifies that the
amount is not reasonable. However, the Secretary shall deem to be reasonable the amount
of a claim finally decided by a court of competent jurisdiction.
(d) SURVEYS, REPORTS, AND COMPENSATION
PLANS.—(1) If as a result of an activity carried
out under a license issued or transferred under
this chapter the total of claims related to one
launch or reentry is likely to be more than the
amount of required insurance or demonstration
of financial responsibility, the Secretary shall—
(A) survey the causes and extent of damage;
and
(B) submit expeditiously to Congress a report on the results of the survey.
(2) Not later than 90 days after a court determination indicates that the liability for the
Page 88
total of claims related to one launch or reentry
may be more than the required amount of insurance or demonstration of financial responsibility, the President, on the recommendation of
the Secretary, shall submit to Congress a compensation plan that—
(A) outlines the total dollar value of the
claims;
(B) recommends sources of amounts to pay
for the claims;
(C) includes legislative language required to
carry out the plan if additional legislative authority is required; and
(D) for a single event or incident, may not be
for more than $1,500,000,000.
(3) A compensation plan submitted to Congress under paragraph (2) of this subsection
shall—
(A) have an identification number; and
(B) be submitted to the Senate and the
House of Representatives on the same day and
when the Senate and House are in session.
(e) CONGRESSIONAL RESOLUTIONS.—(1) In this
subsection, ‘‘resolution’’—
(A) means a joint resolution of Congress the
matter after the resolving clause of which is
as follows: ‘‘That the Congress approves the
compensation plan numbered lllll submitted to the Congress on lllll ll,
20ll.’’, with the blank spaces being filled appropriately; but
(B) does not include a resolution that includes more than one compensation plan.
(2) The Senate shall consider under this subsection a compensation plan requiring additional appropriations or legislative authority
not later than 60 calendar days of continuous
session of Congress after the date on which the
plan is submitted to Congress.
(3) A resolution introduced in the Senate shall
be referred immediately to a committee by the
President of the Senate. All resolutions related
to the same plan shall be referred to the same
committee.
(4)(A) If the committee of the Senate to which
a resolution has been referred does not report
the resolution within 20 calendar days after it is
referred, a motion is in order to discharge the
committee from further consideration of the
resolution or to discharge the committee from
further consideration of the plan.
(B) A motion to discharge may be made only
by an individual favoring the resolution and is
highly privileged (except that the motion may
not be made after the committee has reported a
resolution on the plan). Debate on the motion is
limited to one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in
order. A motion to reconsider the vote by which
the motion is agreed to or disagreed to is not in
order.
(C) If the motion to discharge is agreed to or
disagreed to, the motion may not be renewed
and another motion to discharge the committee
from another resolution on the same plan may
not be made.
(5)(A) After a committee of the Senate reports,
or is discharged from further consideration of, a
resolution, a motion to proceed to the consider-
Page 89
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
ation of the resolution is in order at any time,
even though a similar previous motion has been
disagreed to. The motion is highly privileged
and is not debatable. An amendment to the motion is not in order. A motion to reconsider the
vote by which the motion is agreed to or disagreed to is not in order.
(B) Debate on the resolution referred to in
subparagraph (A) of this paragraph is limited to
not more than 10 hours, to be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not
debatable. An amendment to, or motion to recommit, the resolution is not in order. A motion
to reconsider the vote by which the resolution is
agreed to or disagreed to is not in order.
(6) The following shall be decided in the Senate without debate:
(A) a motion to postpone related to the discharge from committee.
(B) a motion to postpone consideration of a
resolution.
(C) a motion to proceed to the consideration
of other business.
(D) an appeal from a decision of the chair related to the application of the rules of the
Senate to the procedures related to a resolution.
(f) APPLICATION.—This section applies to a license issued or transferred under this chapter
for which the Secretary receives a complete and
valid application not later than December 31,
2016. This section does not apply to permits.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1338,
§ 70113 of title 49; Pub. L. 104–287, § 5(94), Oct. 11,
1996, 110 Stat. 3398; Pub. L. 105–303, title I,
§ 102(a)(13), Oct. 28, 1998, 112 Stat. 2850; Pub. L.
106–74, title IV, § 433, Oct. 20, 1999, 113 Stat. 1097;
Pub. L. 106–377, § 1(a)(1) [title IV, § 429], Oct. 27,
2000, 114 Stat. 1441, 1441A–56; Pub. L. 106–405,
§§ 5(b), 6(a), Nov. 1, 2000, 114 Stat. 1752; Pub. L.
108–428, § 1, Nov. 30, 2004, 118 Stat. 2432; Pub. L.
108–492, § 2(c)(22), (23), Dec. 23, 2004, 118 Stat. 3981;
Pub. L. 111–125, § 1, Dec. 28, 2009, 123 Stat. 3486;
renumbered § 70113 then § 50915 of title 51 and
amended Pub. L. 111–314, § 4(d)(2), (3)(O), (5)(Q),
(R), Dec. 18, 2010, 124 Stat. 3440–3442; Pub. L.
112–273, § 3, Jan. 14, 2013, 126 Stat. 2454; Pub. L.
113–76, § 8, Jan. 17, 2014, 128 Stat. 7.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
Source (U.S. Code)
70113(a) ......
49 App.:2615(b)(1).
70113(b) ......
70113(c) ......
70113(d)(1) ..
70113(d)(2) ..
70113(d)(3) ..
70113(e)(1) ..
49 App.:2615(b)(2).
49 App.:2615(b)(3).
49 App.:2615(b)(4)(A).
49 App.:2615(b)(4)(B).
49 App.:2615(b)(4)(C).
49 App.:2615(b)
(4)(D)(i), (iii).
49 App.:2615(b)
(4)(D)(ii).
49 App.:2615(b)
(4)(D)(iv).
49 App.:2615(b)
(4)(D)(v).
49 App.:2615(b)
(4)(D)(vi).
49 App.:2615(b)
(4)(D)(vii).
70113(e)(2) ..
70113(e)(3) ..
70113(e)(4) ..
70113(e)(5) ..
70113(e)(6) ..
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 16(b)(1)–(4), 98 Stat. 3061;
restated Nov. 15, 1988,
Pub. L. 100–657, § 5(a), 102
Stat. 3903.
§ 50915
HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section
70113(f) .......
Source (U.S. Code)
49 App.:2615(b)(5).
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 16(b)(5), 98 Stat. 3061; restated Nov. 15, 1988, Pub.
L. 100–657, § 5(a), 102 Stat.
3903; Nov. 4, 1992, Pub. L.
102–588, § 503, 106 Stat.
5124.
In subsection (a)(1), before clause (A), the word ‘‘particular’’ is omitted as surplus. In clause (B), the words
‘‘the level that is’’ are omitted as surplus.
In subsection (b)(1), the words ‘‘civil action’’ are substituted for ‘‘suit’’ for consistency in the revised title
and with other titles of the United States Code and rule
2 of the Federal Rules of Civil Procedure (28 App.
U.S.C.).
In subsection (b)(2), the words ‘‘the Government must
be given an opportunity’’ are substituted for ‘‘by the
United States, at its election’’ for clarity.
In subsection (c), the words ‘‘just and’’ and ‘‘judgment’’ are omitted as surplus.
In subsection (d), the word ‘‘particular’’ is omitted as
surplus.
In subsection (d)(2), before clause (A), the words ‘‘or
plans’’ are omitted because of 1:1.
In subsection (e)(1), before clause (A), the text of 49
App.:2615(b)(4)(D)(i) is omitted as surplus. In clause (A),
the word ‘‘only’’ is omitted as surplus. The word ‘‘Congress’’ is substituted for ‘‘the first blank space therein
being filled with the name of the resolving House’’ to
correct an error in the law.
In subsection (e)(3), the words ‘‘once introduced with
respect to a compensation plan’’ are omitted as surplus.
In subsection (e)(4)(A), the word ‘‘either’’ is omitted
as surplus.
In subsection (f), the word ‘‘only’’ is omitted as surplus.
PUB. L. 104–287
This amends 49:70113(e)(6)(D) to correct an error in
the codification enacted by section 1 of the Act of July
5, 1994 (Public Law 103–272, 108 Stat. 1340).
AMENDMENTS
2014—Subsec. (f). Pub. L. 113–76 substituted ‘‘December 31, 2016’’ for ‘‘December 31, 2013’’.
2013—Subsec. (f). Pub. L. 112–273 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’.
2010—Pub. L. 111–314, § 4(d)(2), (3)(O), successively renumbered section 70113 of title 49 and section 70113 of
this title as this section.
Subsec. (a)(1)(A). Pub. L. 111–314, § 4(d)(5)(Q), substituted
‘‘section
50914(a)(1)(A)’’
for
‘‘section
70112(a)(1)(A)’’.
Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(R), substituted
‘‘section 50914(a)(1)(A)’’ for ‘‘section 70112(a)(1)(A)’’ and
‘‘section 50914(a)(1)’’ for ‘‘section 70112(a)(1)’’.
2009—Subsec. (f). Pub. L. 111–125 substituted ‘‘December 31, 2012.’’ for ‘‘December 31, 2009.’’
2004—Subsec. (a)(1). Pub. L. 108–492, § 2(c)(22), inserted
‘‘but not against a space flight participant,’’ after
‘‘subcontractor of a customer,’’.
Subsec. (f). Pub. L. 108–492, § 2(c)(23), inserted at end
‘‘This section does not apply to permits.’’
Pub. L. 108–428 substituted ‘‘December 31, 2009’’ for
‘‘December 31, 2004’’.
2000—Subsec. (e)(1)(A). Pub. L. 106–405, § 6(a), substituted ‘‘20ll’’ for ‘‘19ll’’.
Subsec. (f). Pub. L. 106–405, § 5(b), substituted ‘‘December 31, 2004’’ for ‘‘December 31, 2001’’.
Pub. L. 106–377 substituted ‘‘December 31, 2001’’ for
‘‘December 31, 2000’’.
1999—Subsec. (f). Pub. L. 106–74 substituted ‘‘December 31, 2000’’ for ‘‘December 31, 1999’’.
1998—Subsecs. (a)(1), (d)(1), (2). Pub. L. 105–303 inserted ‘‘or reentry’’ after ‘‘one launch’’.
§ 50916
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
1996—Subsec. (e)(6)(D). Pub. L. 104–287 substituted
‘‘related to a resolution’’ for ‘‘related to resolution’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–405, § 6(b), Nov. 1, 2000, 114 Stat. 1752, provided that: ‘‘The amendment made by subsection (a)
[amending this section] takes effect on January 1,
2000.’’
§ 50916. Disclosing information
The Secretary of Transportation, an officer or
employee of the United States Government, or a
person making a contract with the Secretary
under section 50907(b) of this title may disclose
information under this chapter that qualifies for
an exemption under section 552(b)(4) of title 5 or
is designated as confidential by the person or
head of the executive agency providing the information only if the Secretary decides withholding the information is contrary to the public or national interest.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1340,
§ 70114 of title 49; renumbered § 70114 then § 50916
of title 51 and amended Pub. L. 111–314, § 4(d)(2),
(3)(P), (5)(S), Dec. 18, 2010, 124 Stat. 3440–3442.)
HISTORICAL AND REVISION NOTES
Revised
Section
70114 ..........
Source (U.S. Code)
49 App.:2608(c).
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 9(c), 98 Stat. 3059.
Page 90
to an officer or employee of another executive
agency with the consent of the head of the agency.
(c) CIVIL PENALTY.—(1) After notice and an opportunity for a hearing on the record, a person
the Secretary finds to have violated subsection
(a) of this section is liable to the United States
Government for a civil penalty of not more than
$100,000. A separate violation occurs for each day
the violation continues.
(2) In conducting a hearing under paragraph (1)
of this subsection, the Secretary may—
(A) subpena witnesses and records; and
(B) enforce a subpena in an appropriate district court of the United States.
(3) The Secretary shall impose the civil penalty by written notice. The Secretary may compromise or remit a penalty imposed, or that
may be imposed, under this section.
(4) The Secretary shall recover a civil penalty
not paid after the penalty is final or after a
court enters a final judgment for the Secretary.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1341,
§ 70115 of title 49; Pub. L. 105–303, title I,
§ 102(a)(14), Oct. 28, 1998, 112 Stat. 2850; Pub. L.
108–492, § 2(c)(24), Dec. 23, 2004, 118 Stat. 3981; renumbered § 70115 then § 50917 of title 51, Pub. L.
111–314, § 4(d)(2), (3)(Q), Dec. 18, 2010, 124 Stat.
3440, 3441.)
HISTORICAL AND REVISION NOTES
The words ‘‘data or’’ are omitted as surplus. The
words ‘‘the head of’’ and ‘‘executive’’ are added for consistency in the revised title and with other titles of the
United States Code.
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(5)(S), substituted ‘‘section
50907(b)’’ for ‘‘section 70106(b)’’.
Pub. L. 111–314, § 4(d)(2), (3)(P), successively renumbered section 70114 of title 49 and section 70114 of this
title as this section.
§ 50917. Enforcement and penalty
(a) PROHIBITIONS.—A person may not violate
this chapter, a regulation prescribed under this
chapter, or any term of a license issued or transferred under this chapter.
(b) GENERAL AUTHORITY.—(1) In carrying out
this chapter, the Secretary of Transportation
may—
(A) conduct investigations and inquiries;
(B) administer oaths;
(C) take affidavits; and
(D) under lawful process—
(i) enter at a reasonable time a launch
site, reentry site, production facility, assembly site of a launch vehicle or reentry vehicle, crew or space flight participant training
site, or site at which a payload is integrated
with a launch vehicle or reentry vehicle to
inspect an object to which this chapter applies or a record or report the Secretary requires be made or kept under this chapter;
and
(ii) seize the object, record, or report when
there is probable cause to believe the object,
record, or report was used, is being used, or
likely will be used in violation of this chapter.
(2) The Secretary may delegate a duty or
power under this chapter related to enforcement
Revised
Section
Source (U.S. Code)
70115(a) ......
49 App.:2617.
70115(b)(1) ..
70115(b)(2) ..
70115(c)(1) ..
49 App.:2616(b).
49 App.:2616(a).
49 App.:2618(a) (1st,
2d sentences).
49 App.:2618(c).
49 App.:2618(a) (3d,
last sentences).
49 App.:2618(b).
70115(c)(2) ..
70115(c)(3) ..
70115(c)(4) ..
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§§ 17–19, 98 Stat. 3061.
In subsection (a), the words ‘‘a requirement of’’ are
omitted as surplus. The word ‘‘prescribed’’ is substituted for ‘‘issued’’ for consistency in the revised title
and with other titles of the United States Code. The
words ‘‘condition, or restriction’’ are omitted as surplus.
In subsection (b)(1)(A)–(C), the words ‘‘concerning any
matter relating to enforcement of this chapter’’ are
omitted as surplus.
In subsection (b)(1)(B) and (C), the words ‘‘from any
person’’ are omitted as surplus.
In subsection (b)(1)(B), the word ‘‘affirmation’’ is
omitted because of 1:1.
In subsection (b)(2), the text of 49 App.:2616(a) (1st
sentence) is omitted as surplus because the Secretary
of Transportation enforces programs the Secretary carries out unless otherwise provided. The words ‘‘the exercise of’’ are omitted as surplus. The words ‘‘duty or
power’’ are substituted for ‘‘authority’’ for consistency
in the revised title and with other titles of the Code.
The words ‘‘to any officer or employee of the Department of Transportation’’ are omitted as surplus because of 49:322(b).
In subsection (c)(1), the words ‘‘in accordance with
section 554 of title 5’’ are omitted for consistency in the
revised title and because 5:554 applies to a hearing on
the record unless otherwise stated. The words ‘‘for each
violation’’ are omitted as surplus.
In subsection (c)(2), the words ‘‘relevant papers,
books, documents, and other’’ are omitted as surplus.
The words ‘‘(3) administer oaths and affirmatives’’ are
omitted as surplus because of subsection (b)(1)(B) of
this section.
Page 91
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
In subsection (c)(3), the word ‘‘impose’’ is substituted
for ‘‘assessed’’ for consistency in the revised title and
with other titles of the Code. The words ‘‘amount of
such’’ and ‘‘modify . . . with or without conditions’’ are
omitted as surplus.
Subsection (c)(4) is substituted for 49 App.:2618(b) to
eliminate unnecessary words.
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70115 of title 49 and section 70115 of this title as this
section.
2004—Subsec. (b)(1)(D)(i). Pub. L. 108–492 inserted
‘‘crew or space flight participant training site,’’ after
‘‘site of a launch vehicle or reentry vehicle,’’.
1998—Subsec. (b)(1)(D)(i). Pub. L. 105–303 inserted ‘‘reentry site,’’ after ‘‘launch site,’’ and inserted ‘‘or reentry vehicle’’ after ‘‘launch vehicle’’ in two places.
§ 50918. Consultation
(a) MATTERS AFFECTING NATIONAL SECURITY.—
The Secretary of Transportation shall consult
with the Secretary of Defense on a matter under
this chapter affecting national security. The
Secretary of Defense shall identify and notify
the Secretary of Transportation of a national
security interest relevant to an activity under
this chapter.
(b) MATTERS AFFECTING FOREIGN POLICY.—The
Secretary of Transportation shall consult with
the Secretary of State on a matter under this
chapter affecting foreign policy. The Secretary
of State shall identify and notify the Secretary
of Transportation of a foreign policy interest or
obligation relevant to an activity under this
chapter.
(c) OTHER MATTERS.—In carrying out this
chapter, the Secretary of Transportation shall
consult with the head of another executive agency—
(1) to provide consistent application of licensing requirements under this chapter;
(2) to ensure fair treatment for all license
applicants; and
(3) when appropriate.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1341,
§ 70116 of title 49; renumbered § 70116 then § 50918
of title 51, Pub. L. 111–314, § 4(d)(2), (3)(R), Dec.
18, 2010, 124 Stat. 3440, 3441.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70116(a) ......
49 App.:2619(a).
70116(b) ......
70116(c) ......
49 App.:2619(b).
49 App.:2604(a)(2).
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 20, 98 Stat. 3062.
Oct. 30, 1984, Pub. L. 98–575,
§ 5(a)(2), 98 Stat. 3057; Nov.
16, 1990, Pub. L. 101–611,
§ 117(e)(2), 104 Stat. 3203.
49 App.:2619(c).
In subsections (a) and (b), the words ‘‘including the
issuance or transfer of each license’’ and ‘‘be responsible for’’ are omitted as surplus.
In subsection (c), before clause (1), the words ‘‘the
head of’’ and ‘‘executive’’ are added for consistency in
the revised title and with other titles of the United
States Code. In clause (2), the words ‘‘and equitable’’ in
49 App.:2604(a)(2) are omitted as surplus.
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70116 of title 49 and section 70116 of this title as this
section.
§ 50919
§ 50919. Relationship to other executive agencies,
laws, and international obligations
(a) EXECUTIVE AGENCIES.—Except as provided
in this chapter, a person is not required to obtain from an executive agency a license, approval, waiver, or exemption to launch a launch
vehicle or operate a launch site or reentry site,
or to reenter a reentry vehicle.
(b) FEDERAL COMMUNICATIONS COMMISSION AND
SECRETARY OF COMMERCE.—This chapter does
not affect the authority of—
(1) the Federal Communications Commission
under the Communications Act of 1934 (47
U.S.C. 151 et seq.); or
(2) the Secretary of Commerce under chapter
601 of this title.
(c) STATES AND POLITICAL SUBDIVISIONS.—A
State or political subdivision of a State—
(1) may not adopt or have in effect a law,
regulation, standard, or order inconsistent
with this chapter; but
(2) may adopt or have in effect a law, regulation, standard, or order consistent with this
chapter that is in addition to or more stringent than a requirement of, or regulation prescribed under, this chapter.
(d) CONSULTATION.—The Secretary of Transportation is encouraged to consult with a State
to simplify and expedite the approval of a space
launch or reentry activity.
(e) FOREIGN COUNTRIES.—The Secretary of
Transportation shall—
(1) carry out this chapter consistent with an
obligation the United States Government assumes in a treaty, convention, or agreement
in force between the Government and the government of a foreign country; and
(2) consider applicable laws and requirements of a foreign country when carrying out
this chapter.
(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN
IMPORT.—A launch vehicle, reentry vehicle, or
payload that is launched or reentered is not, because of the launch or reentry, an export or import, respectively, for purposes of a law controlling exports or imports, except that payloads
launched pursuant to foreign trade zone procedures as provided for under the Foreign Trade
Zones Act (19 U.S.C. 81a–81u) shall be considered
exports with regard to customs entry.
(g) NONAPPLICATION.—This chapter does not
apply to—
(1) a launch, reentry, operation of a launch
vehicle or reentry vehicle, operation of a
launch site or reentry site, or other space activity the Government carries out for the Government; or
(2) planning or policies related to the
launch, reentry, operation, or activity.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1342,
§ 70117 of title 49; Pub. L. 104–287, § 5(95), Oct. 11,
1996, 110 Stat. 3398; Pub. L. 105–303, title I,
§ 102(a)(15), Oct. 28, 1998, 112 Stat. 2850; renumbered § 70117 then § 50919 of title 51 and amended
Pub. L. 111–314, § 4(d)(2), (3)(S), (5)(T), Dec. 18,
2010, 124 Stat. 3440–3442.)
§ 50920
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
70117(a) ......
70117(b) ......
70117(c) ......
70117(d) ......
70117(e) ......
70117(f) .......
70117(g) ......
Source (U.S. Code)
49 App.:2605(c)(1).
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§§ 6(c), 21, 98 Stat. 3058,
3063.
49 App.:2605(c)(2).
49 App.:2620(a) (1st,
2d sentences).
49 App.:2620(a) (last
sentence).
49 App.:2620(d).
49 App.:2620(b).
49 App.:2620(c).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1342,
§ 70118 of title 49; renumbered § 70118 then § 50920
of title 51, Pub. L. 111–314, § 4(d)(2), (3)(T), Dec.
18, 2010, 124 Stat. 3440, 3441.)
HISTORICAL AND REVISION NOTES
Revised
Section
70118 ..........
Source (U.S. Code)
49 App.:2623 (last
sentence).
In subsection (e)(1), the words ‘‘government of a foreign country’’ are substituted for ‘‘foreign nation’’ for
consistency in the revised title and with other titles of
the United States Code.
PUB. L. 104–287
This amends 49:70117(b)(2) by updating a cross-reference. Section 4 of the Land Remote Sensing Policy
Act of 1992 (Public Law 102–555, 106 Stat. 4166) repealed
the Land Remote-Sensing Commercialization Act of
1984 (15 U.S.C. 4201 et seq.). The substantive provisions
of the Land Remote Sensing Policy Act of 1992, which
replaced the Land Remote-Sensing Commercialization
Act of 1984, were classified to the United States Code at
15 U.S.C. 5601 et seq.
REFERENCES IN TEXT
The Communications Act of 1934, referred to in subsec. (b)(1), is act June 19, 1934, ch. 652, 48 Stat. 1064,
which is classified principally to section 151 et seq. of
Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47
and Tables.
The Foreign Trade Zones Act, referred to in subsec.
(f), is act June 18, 1934, ch. 590, 48 Stat. 998, which is
classified generally to chapter 1A (§ 81a et seq.) of Title
19, Customs Duties. For complete classification of this
Act to the Code, see Tables.
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (3)(S), successively renumbered section 70117 of title 49 and section 70117 of
this title as this section.
Subsec. (b)(2). Pub. L. 111–314, § 4(d)(5)(T), substituted
‘‘chapter 601 of this title’’ for ‘‘the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)’’.
1998—Subsec. (a). Pub. L. 105–303, § 102(a)(15)(A), inserted ‘‘or reentry site, or to reenter a reentry vehicle’’
after ‘‘operate a launch site’’.
Subsec. (d). Pub. L. 105–303, § 102(a)(15)(B), inserted
‘‘or reentry’’ after ‘‘approval of a space launch’’.
Subsec. (f). Pub. L. 105–303, § 102(a)(15)(C), amended
heading and text of subsec. (f) generally. Prior to
amendment, text read as follows: ‘‘A launch vehicle or
payload that is launched is not, because of the launch,
an export for purposes of a law controlling exports.’’
Subsec. (g)(1). Pub. L. 105–303, § 102(a)(15)(D)(i), substituted ‘‘reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry
site,’’ for ‘‘operation of a launch vehicle or launch
site,’’.
Subsec. (g)(2). Pub. L. 105–303, § 102(a)(15)(D)(ii), inserted ‘‘reentry,’’ after ‘‘launch,’’.
1996—Subsec. (b)(2). Pub. L. 104–287 substituted ‘‘Land
Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et
seq.)’’ for ‘‘Land Remote-Sensing Commercialization
Act of 1984 (15 U.S.C. 4201 et seq.)’’.
Page 92
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 24 (last sentence), 98
Stat. 3064; Dec. 5, 1985,
Pub. L. 99–170, § 301, 99
Stat. 1018; Oct. 30, 1987,
Pub. L. 100–147, § 120, 101
Stat. 868; Nov. 17, 1988,
Pub. L. 100–685, § 213, 102
Stat. 4093; Nov. 16, 1990,
Pub. L. 101–611, § 117(a), 104
Stat. 3202; restated Dec. 9,
1991, Pub. L. 102–195, § 13,
105 Stat. 1613; Nov. 4, 1992,
Pub. L. 102–588, § 211, 106
Stat. 5115.
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70118 of title 49 and section 70118 of this title as this
section.
§ 50921. Office of Commercial Space Transportation
There are authorized to be appropriated to the
Secretary of Transportation for the activities of
the Office of the Associate Administrator for
Commercial Space Transportation—
(1) $11,941,000 for fiscal year 2005;
(2) $12,299,000 for fiscal year 2006;
(3) $12,668,000 for fiscal year 2007;
(4) $13,048,000 for fiscal year 2008; and
(5) $13,440,000 for fiscal year 2009.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1343,
§ 70119 of title 49, Pub. L. 105–303, title I, § 102(b),
Oct. 28, 1998, 112 Stat. 2851; Pub. L. 106–405, § 3(a),
Nov. 1, 2000, 114 Stat. 1752; Pub. L. 108–360, title
III, § 301, Oct. 25, 2004, 118 Stat. 1680; renumbered
§ 70119 then § 50921 of title 51, Pub. L. 111–314,
§ 4(d)(2), (3)(U), Dec. 18, 2010, 124 Stat. 3440, 3441.)
HISTORICAL AND REVISION NOTES
Revised
Section
70119 ..........
Source (U.S. Code)
49 App.:2623 (less
last sentence).
Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–575,
§ 24 (less last sentence), 98
Stat. 3064; Dec. 5, 1985,
Pub. L. 99–170, § 301, 99
Stat. 1018; Oct. 30, 1987,
Pub. L. 100–147, § 120, 101
Stat. 868; Nov. 17, 1988,
Pub. L. 100–685, § 213, 102
Stat. 4093; Nov. 16, 1990,
Pub. L. 101–611, § 117(a), 104
Stat. 3202; restated Dec. 9,
1991, Pub. L. 102–195, § 13,
105 Stat. 1613; Nov. 4, 1992,
Pub. L. 102–588, § 211, 106
Stat. 5115.
§ 50920. User fees
In this section, the amendment by section 211 of the
National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 (Pub. L. 102–588, 106
Stat. 5115) was executed to carry out the probable intent of Congress by omitting the period after ‘‘1993’’.
As to the applicability of section 219 of the Act (Pub.
L. 102–588, 106 Stat. 5118) to amounts authorized by this
section for fiscal year 1993, see section 6(b) of the bill.
The Secretary of Transportation may collect a
user fee for a regulatory or other service conducted under this chapter only if specifically authorized by this chapter.
2010—Pub. L. 111–314 successively renumbered section
70119 of title 49 and section 70119 of this title as this
section.
AMENDMENTS
Page 93
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
2004—Pars. (1) to (5). Pub. L. 108–360 added pars. (1) to
(5) and struck out former pars. (1) and (2) which read as
follows:
‘‘(1) $12,607,000 for fiscal year 2001; and
‘‘(2) $16,478,000 for fiscal year 2002.’’
2000—Pub. L. 106–405 amended section catchline and
text generally. Prior to amendment, text read as follows: ‘‘There are authorized to be appropriated to the
Secretary of Transportation for the activities of the Office of the Associate Administrator for Commercial
Space Transportation—
‘‘(1) $6,275,000 for the fiscal year ending September
30, 1999; and
‘‘(2) $6,600,000 for the fiscal year ending September
30, 2000.’’
1998—Pub. L. 105–303 reenacted section catchline
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘The following
amounts may be appropriated to the Secretary of
Transportation for the fiscal year ending September 30,
1993:
‘‘(1) $4,900,000 to carry out this chapter.
‘‘(2) $20,000,000 for a program to ensure the resiliency of the space launch infrastructure of the United
States if a law is enacted to establish that program
in the Department of Transportation.’’
§ 50922. Regulations
(a) IN GENERAL.—The Secretary of Transportation, within 9 months after the date of the enactment of this section, shall issue regulations
to carry out this chapter that include—
(1) guidelines for industry and State governments to obtain sufficient insurance coverage
for potential damages to third parties;
(2) procedures for requesting and obtaining
licenses to launch a commercial launch vehicle;
(3) procedures for requesting and obtaining
operator licenses for launch;
(4) procedures for requesting and obtaining
launch site operator licenses; and
(5) procedures for the application of government indemnification.
(b) REENTRY.—The Secretary of Transportation, within 6 months after the date of the enactment of this section, shall issue a notice of
proposed rulemaking to carry out this chapter
that includes—
(1) procedures for requesting and obtaining
licenses to reenter a reentry vehicle;
(2) procedures for requesting and obtaining
operator licenses for reentry; and
(3) procedures for requesting and obtaining
reentry site operator licenses.
(c) AMENDMENTS.—(1) Not later than 12 months
after the date of enactment of the Commercial
Space Launch Amendments Act of 2004, the Secretary shall publish proposed regulations to
carry out that Act, including regulations relating to crew, space flight participants, and permits for launch or reentry of reusable suborbital
rockets. Not later than 18 months after such
date of enactment, the Secretary shall issue
final regulations.
(2)(A) Starting 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary may issue final
regulations changing the definition of suborbital
rocket under this chapter. No such regulation
may take effect until 180 days after the Secretary has submitted the regulation to the Congress.
§ 50923
(B) The Secretary may issue regulations under
this paragraph only if the Secretary has determined that the definition in section 50902 does
not describe, or will not continue to describe, all
appropriate vehicles and only those vehicles. In
making that determination, the Secretary shall
take into account the evolving nature of the
commercial space launch industry.
(d) EFFECTIVE DATE.—(1) Licenses for the
launch or reentry of launch vehicles or reentry
vehicles with human beings on board and permits may be issued by the Secretary prior to the
issuance of the regulations described in subsection (c).
(2) As soon as practicable after the date of enactment of the Commercial Space Launch
Amendments Act of 2004, the Secretary shall
issue guidelines or advisory circulars to guide
the implementation of that Act until regulations are issued.
(3) Notwithstanding paragraphs (1) and (2), no
licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on
board or permits may be issued starting three
years after the date of enactment of the Commercial Space Launch Amendments Act of 2004
unless the final regulations described in subsection (c) have been issued.
(Added Pub. L. 105–303, title I, § 102(a)(16), Oct.
28, 1998, 112 Stat. 2850, § 70120 of title 49; amended
Pub. L. 108–492, § 2(c)(25), Dec. 23, 2004, 118 Stat.
3981; renumbered § 70120 then § 50922 of title 51
and amended Pub. L. 111–314, § 4(d)(2), (3)(V),
(5)(U), Dec. 18, 2010, 124 Stat. 3440–3442.)
REFERENCES IN TEXT
The date of the enactment of this section, referred to
in subsecs. (a) and (b), is the date of enactment of Pub.
L. 105–303, which was approved Oct. 28, 1998.
The Commercial Space Launch Amendments Act of
2004, referred to in subsecs. (c) and (d), is Pub. L.
108–492, Dec. 23, 2004, 118 Stat. 3974, which was approved
Dec. 23, 2004. For complete classification of this Act to
the Code, see Short Title of 2004 Act note set out under
section 10101 of this title and Tables.
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (3)(V), successively renumbered section 70120 of title 49 and section 70120 of
this title as this section.
Subsec. (c)(2)(B). Pub. L. 111–314, § 4(d)(5)(U), substituted ‘‘section 50902’’ for ‘‘section 70102’’.
2004—Subsecs. (c), (d). Pub. L. 108–492 added subsecs.
(c) and (d).
§ 50923. Report to Congress
The Secretary of Transportation shall submit
to Congress an annual report to accompany the
President’s budget request that—
(1) describes all activities undertaken under
this chapter, including a description of the
process for the application for and approval of
licenses under this chapter and recommendations for legislation that may further commercial launches and reentries; and
(2) reviews the performance of the regulatory activities and the effectiveness of the
Office of Commercial Space Transportation.
(Added Pub. L. 105–303, title
28, 1998, 112 Stat. 2851, § 70121
bered § 70121 then § 50923 of
111–314, § 4(d)(2), (3)(W), Dec.
3440, 3441.)
I, § 102(a)(16), Oct.
of title 49; renumtitle 51, Pub. L.
18, 2010, 124 Stat.
§ 51101
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70121 of title 49 and section 70121 of this title as this
section.
CHAPTER 511—SPACE TRANSPORTATION
INFRASTRUCTURE MATCHING GRANTS
Sec.
51101.
51102.
51103.
51104.
51105.
Definitions.
Grant authority.
Grant applications.
Environmental requirements.
Authorization of appropriations.
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (4), Dec. 18, 2010, 124
Stat. 3440, 3441, transferred analysis for chapter 703 of
Title 49, Transportation, and renumbered as analysis
for chapter 511 of this title and renumbered items 70301
to 70305 as 51101 to 51105, respectively.
§ 51101. Definitions
In this chapter—
(1) the definitions in section 50501 of this
title apply.
(2) ‘‘commercial space transportation infrastructure development’’ includes—
(A) construction, improvement, design,
and engineering of space transportation infrastructure in the United States; and
(B) technical studies to define how new or
enhanced space transportation infrastructure can best meet the needs of the United
States commercial space transportation industry.
(3) ‘‘project’’ means a project (or separate
projects submitted together) to carry out commercial space transportation infrastructure
development, including the combined submission of all projects to be undertaken at a particular site in a fiscal year.
(4) ‘‘project grant’’ means a grant of an
amount by the Secretary of Transportation to
a sponsor for one or more projects.
(5) ‘‘public agency’’ means a State or an
agency of a State, a political subdivision of a
State, or a tax-supported organization.
(6) ‘‘sponsor’’ means a public agency that,
individually or jointly with one or more other
public agencies, submits to the Secretary
under this chapter an application for a project
grant.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1343,
§ 70301 of title 49; renumbered § 70301 then § 51101
of title 51 and amended Pub. L. 111–314, § 4(d)(2),
(4)(A), (6)(A), Dec. 18, 2010, 124 Stat. 3440–3442.)
HISTORICAL AND REVISION NOTES
Revised
Section
70301 ..........
Source (U.S. Code)
15:5804(a).
Source (Statutes at Large)
Nov. 4, 1992, Pub. L. 102–588,
§ 505(a), 106 Stat. 5124.
Clause (1) is added to incorporate the definitions in
15:5802.
In clause (2), the word ‘‘includes’’ is substituted for
‘‘may include’’ for consistency in the revised title and
with other titles of the United States Code.
In clause (5), the words ‘‘municipality or other’’ are
omitted for consistency.
The text of 15:5804(5) is omitted as unnecessary because the complete name of the Secretary of Transpor-
Page 94
tation is used the first time the term appears in a section.
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (4)(A), successively renumbered section 70301 of title 49 and section 70301 of
this title as this section.
Par. (1). Pub. L. 111–314, § 4(d)(6)(A), substituted ‘‘section 50501 of this title’’ for ‘‘section 502 of the National
Aeronautics and Space Administration Authorization
Act, Fiscal Year 1993 (15 U.S.C. 5802)’’.
§ 51102. Grant authority
(a) GENERAL AUTHORITY.—To ensure the resiliency of the space transportation infrastructure
of the United States, the Secretary of Transportation may make project grants to sponsors as
provided in this chapter.
(b) LIMITATIONS.—The Secretary may make a
project grant under this chapter only if—
(1) at least 10 percent of the total cost of the
project will be paid by the private sector; and
(2) the grant will not be for more than 50
percent of the total cost of the project.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1343,
§ 70302 of title 49; renumbered § 70302 then § 51102
of title 51, Pub. L. 111–314, § 4(d)(2), (4)(B), Dec.
18, 2010, 124 Stat. 3440, 3441.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70302(a) ......
15:5804(b) (1st sentence).
70302(b) ......
15:5804(f).
Source (Statutes at Large)
Nov. 4, 1992, Pub. L. 102–588,
§ 505(b) (1st sentence), (f),
106 Stat. 5125, 5127.
In subsection (a), the words ‘‘of the United States’’
are substituted for ‘‘Nation’s’’ for consistency.
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70302 of title 49 and section 70302 of this title as this
section.
§ 51103. Grant applications
(a) GENERAL.—A sponsor may submit to the
Secretary of Transportation an application for a
project grant. The application must state the
project to be undertaken and be in the form and
contain the information the Secretary requires.
(b) CONSIDERATIONS AND CONSULTATION.—(1) In
selecting proposed projects for grants under this
section, the Secretary of Transportation shall
consider—
(A) the contribution of the project to industry capabilities that serve the United States
Government’s space transportation needs;
(B) the extent of industry’s financial contribution to the project;
(C) the extent of industry’s participation in
the project;
(D) the positive impact of the project on the
international competitiveness of the United
States space transportation industry;
(E) the extent of State contributions to the
project; and
(F) the impact of the project on launch operations and other activities at Government
launch ranges.
(2) The Secretary of Transportation shall consult with the Secretary of Defense, the Adminis-
Page 95
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
trator of the National Space and Aeronautics
Administration, and the heads of other appropriate agencies of the Government about paragraph (1)(A) and (F) of this subsection.
(c) REQUIREMENTS.—The Secretary of Transportation may approve an application only if
the Secretary is satisfied that—
(1) the project will contribute to the purposes of this chapter;
(2) the project is reasonably consistent with
plans (existing at the time of approval of the
project) of public agencies that are—
(A) authorized by the State in which the
project is located; and
(B) responsible for the development of the
area surrounding the project site;
(3) if the application proposes to use Government property, the specific consent of the
head of the appropriate agency has been obtained;
(4) the project will be completed without unreasonable delay;
(5) the sponsor submitting the application
has the legal authority to engage in the
project; and
(6) any additional requirements prescribed
by the Secretary have been met.
INDUSTRY CONTRIBUTransportation shall
give preference to applications for projects for
which there will be greater industry financial
contributions, all other factors being equal.
(d) PREFERENCE FOR
TIONS.—The Secretary of
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1344,
§ 70303 of title 49; renumbered § 70303 then § 51103
of title 51, Pub. L. 111–314, § 4(d)(2), (4)(C), Dec.
18, 2010, 124 Stat. 3440, 3441.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70303(a) ......
15:5804(d)(1).
70303(b)(1) ..
70303(b)(2) ..
70303(c) ......
70303(d) ......
15:5804(c)(1).
15:5804(c)(2).
15:5804(d)(2).
15:5804(c)(3).
Source (Statutes at Large)
Nov. 4, 1992, Pub. L. 102–588,
§ 505(c), (d), 106 Stat. 5125.
In subsection (a), the words ‘‘for one or more
projects’’ are omitted as unnecessary because of the
definition of ‘‘project’’ in section 70301 of the revised
title.
In subsection (c)(5), the words ‘‘as proposed’’ are
omitted as surplus.
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70303 of title 49 and section 70303 of this title as this
section.
§ 51104. Environmental requirements
(a) POLICY.—It is the policy of the United
States that projects selected under this chapter
shall provide for the protection and enhancement of the natural resources and the quality of
the environment of the United States. In carrying out this policy, the Secretary of Transportation shall consult with the Secretary of the
Interior and the Administrator of the Environmental Protection Agency about a project that
may have a significant effect on natural resources, including fish and wildlife, natural, scenic, and recreational assets, water and air qual-
§ 51104
ity, and other factors affecting the environment.
If the Secretary of Transportation finds that a
project will have a significant adverse effect,
the Secretary may approve the application for
the project only if, after a complete review that
is a matter of public record, the Secretary
makes a written finding that no feasible and
prudent alternative to the project exists and
that all reasonable steps have been taken to
minimize the adverse effect.
(b) PUBLIC HEARING REQUIREMENT.—The Secretary of Transportation may approve an application only if the sponsor of the project certifies
to the Secretary that an opportunity for a public hearing has been provided to consider the
economic, social, and environmental effects of
the project and its consistency with the goals of
any planning carried out by the community.
When a hearing is held under this paragraph, the
sponsor shall submit a copy of the transcript of
the hearing to the Secretary.
(c) COMPLIANCE WITH AIR AND WATER QUALITY
STANDARDS.—(1) The Secretary of Transportation may approve an application only if the
chief executive officer of the State in which the
project is located certifies in writing to the Secretary that there is reasonable assurance that
the project will be located, designed, constructed, and operated to comply with applicable air and water quality standards. If the Administrator has not prescribed those standards,
certification shall be obtained from the Administrator. Notice of certification or refusal to certify shall be provided not later than 60 days
after the Secretary receives the application.
(2) The Secretary of Transportation shall condition the approval of an application on compliance with applicable air and water quality
standards during construction and operation.
(d) COMPLIANCE WITH LAWS AND REGULATIONS.—The Secretary of Transportation may
require a certification from a sponsor that the
sponsor will comply with all applicable laws and
regulations. The Secretary may rescind at any
time acceptance of a certification from a sponsor under this subsection. This subsection does
not affect any responsibility of the Secretary
under another law, including—
(1) section 303 of title 49;
(2) title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.);
(3) title VIII of the Act of April 11, 1968 (42
U.S.C. 3601 et seq.);
(4) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(5) the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1344,
§ 70304 of title 49; renumbered § 70304 then § 51104
of title 51 and amended Pub. L. 111–314, § 4(d)(2),
(4)(D), (6)(B), Dec. 18, 2010, 124 Stat. 3440, 3441,
3443.)
HISTORICAL AND REVISION NOTES
Revised
Section
70304 ..........
Source (U.S. Code)
15:5804(e).
Source (Statutes at Large)
Nov. 4, 1992, Pub. L. 102–588,
§ 505(e), 106 Stat. 5126.
In subsection (a), the words ‘‘policy of the United
States’’ are substituted for ‘‘national policy’’, and the
§ 51105
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
words ‘‘of the United States’’ are substituted for ‘‘of
the Nation’’, for consistency. The words ‘‘included in a
project grant application’’ and ‘‘full and’’ are omitted
as surplus.
In subsection (b), the words ‘‘of objectives’’ are omitted as surplus.
In subsection (c), the words ‘‘chief executive officer’’
are substituted for ‘‘Governor’’ for consistency in the
revised title and because the word ‘‘State’’ includes the
territories and possessions of the United States.
In subsection (d), before clause (1), the words ‘‘in connection with any project’’, ‘‘imposed on such sponsor
under this section in connection with such project’’,
and ‘‘or discharge’’ are omitted as surplus. The words
‘‘laws and regulations’’ are substituted for ‘‘statutory
and administrative requirements’’ for consistency in
the revised title.
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in subsec.
(d)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title
VI of the Act is classified to subchapter V (§ 2000d et
seq.) of chapter 21 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 2000a
of Title 42 and Tables.
Title VIII of the Act of April 11, 1968, referred to in
subsec. (d)(3), is title VIII of Pub. L. 90–284, Apr. 11,
1968, 82 Stat. 81, known as the Fair Housing Act, which
is classified principally to subchapter I (§ 3601 et seq.) of
chapter 45 of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see
Short Title note set out under section 3601 of Title 42
and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (d)(4), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d)(5), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894,
which is classified principally to chapter 61 (§ 4601 et
seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 4601 of Title 42
and Tables.
Page 96
AMENDMENTS
2010—Pub. L. 111–314 successively renumbered section
70305 of title 49 and section 70305 of this title as this
section.
Subtitle VI—Earth Observations
CHAPTER 601—LAND REMOTE SENSING
POLICY
SUBCHAPTER I—GENERAL
Sec.
60101.
Definitions.
60111.
60112.
Landsat Program Management.
Transfer of Landsat 6 program responsibilities.
Data policy for Landsat 7.
SUBCHAPTER II—LANDSAT
60113.
SUBCHAPTER III—LICENSING OF PRIVATE
REMOTE SENSING SPACE SYSTEMS
60121.
60122.
60123.
60124.
60125.
General licensing authority.
Conditions for operation.
Administrative authority of Secretary.
Regulatory authority of Secretary.
Agency activities.
SUBCHAPTER IV—RESEARCH, DEVELOPMENT,
AND DEMONSTRATION
60131.
60132.
60133.
60134.
Continued Federal research and development.
Availability of federally gathered unenhanced
data.
Technology demonstration program.
Preference for private sector land remote
sensing system.
SUBCHAPTER V—GENERAL PROVISIONS
60141.
60142.
60143.
60144.
60145.
60146.
60147.
60148.
Nondiscriminatory data availability.
Archiving of data.
Nonreproduction.
Reimbursement for assistance.
Acquisition of equipment.
Radio frequency allocation.
Consultation.
Enforcement.
SUBCHAPTER VI—PROHIBITION OF
COMMERCIALIZATION OF WEATHER SATELLITES
60161.
60162.
Prohibition.
Future considerations.
AMENDMENTS
2010—Pub. L. 111–314, § 4(d)(2), (4)(D), successively renumbered section 70304 of title 49 and section 70304 of
this title as this section.
Subsec. (d)(1). Pub. L. 111–314, § 4(d)(6)(B), substituted
‘‘section 303 of title 49’’ for ‘‘section 303 of this title’’.
§ 51105. Authorization of appropriations
Not more than $10,000,000 may be appropriated
to the Secretary of Transportation to make
grants under this chapter. Amounts appropriated under this section remain available until
expended.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1345,
§ 70305 of title 49; renumbered § 70305 then § 51105
of title 51, Pub. L. 111–314, § 4(d)(2), (4)(E), Dec.
18, 2010, 124 Stat. 3440, 3441.)
HISTORICAL AND REVISION NOTES
Revised
Section
70305 ..........
Source (U.S. Code)
15:5804(b) (2d, last
sentences).
Source (Statutes at Large)
Nov. 4, 1992, Pub. L. 102–588,
§ 505(b)
(2d,
last
sentences), 106 Stat. 5125.
SUBCHAPTER I—GENERAL
§ 60101. Definitions
In this chapter:
(1) COST OF FULFILLING USER REQUESTS.—The
term ‘‘cost of fulfilling user requests’’ means
the incremental costs associated with providing product generation, reproduction, and distribution of unenhanced data in response to
user requests and shall not include any acquisition, amortization, or depreciation of capital
assets originally paid for by the United States
Government or other costs not specifically attributable to fulfilling user requests.
(2) DATA CONTINUITY.—The term ‘‘data continuity’’ means the continued acquisition and
availability of unenhanced data which are,
from the point of view of the user—
(A) sufficiently consistent (in terms of acquisition geometry, coverage characteristics, and spectral characteristics) with previous Landsat data to allow comparisons for
global and regional change detection and
characterization; and
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TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(B) compatible with such data and with
methods used to receive and process such
data.
(3) DATA PREPROCESSING.—The term ‘‘data
preprocessing’’—
(A) may include—
(i) rectification of system and sensor distortions in land remote sensing data as it
is received directly from the satellite in
preparation for delivery to a user;
(ii) registration of such data with respect
to features of the Earth; and
(iii) calibration of spectral response with
respect to such data; but
(B) does not include conclusions, manipulations, or calculations derived from such
data, or a combination of such data with
other data.
(4) LAND REMOTE SENSING.—The term ‘‘land
remote sensing’’ means the collection of data
which can be processed into imagery of surface
features of the Earth from an unclassified satellite or satellites, other than an operational
United States Government weather satellite.
(5) LANDSAT PROGRAM MANAGEMENT.—The
term ‘‘Landsat Program Management’’ means
the integrated program management structure—
(A) established by, and responsible to, the
Administrator and the Secretary of Defense
pursuant to section 60111(a) of this title; and
(B) consisting of appropriate officers and
employees of the Administration, the Department of Defense, and any other United
States Government agencies the President
designates as responsible for the Landsat
program.
(6) LANDSAT SYSTEM.—The term ‘‘Landsat
system’’ means Landsats 1, 2, 3, 4, 5, and 6, and
any follow-on land remote sensing system operated and owned by the United States Government, along with any related ground equipment, systems, and facilities owned by the
United States Government.
(7) LANDSAT 6 CONTRACTOR.—The term
‘‘Landsat 6 contractor’’ means the private sector entity which was awarded the contract for
spacecraft construction, operations, and data
marketing rights for the Landsat 6 spacecraft.
(8) LANDSAT 7.—The term ‘‘Landsat 7’’ means
the follow-on satellite to Landsat 6.
(9) NATIONAL SATELLITE LAND REMOTE SENSING DATA ARCHIVE.—The term ‘‘National Satellite Land Remote Sensing Data Archive’’
means the archive established by the Secretary of the Interior pursuant to the archival
responsibilities defined in section 60142 of this
title.
(10) NONCOMMERCIAL PURPOSES.—The term
‘‘noncommercial purposes’’ means activities
undertaken by individuals or entities on the
condition, upon receipt of unenhanced data,
that—
(A) such data shall not be used in connection with any bid for a commercial contract,
development of a commercial product, or
any other non-United States Government activity that is expected, or has the potential,
to be profitmaking;
§ 60101
(B) the results of such activities are disclosed in a timely and complete fashion in
the open technical literature or other method of public release, except when such disclosure by the United States Government or its
contractors would adversely affect the national security or foreign policy of the
United States or violate a provision of law
or regulation; and
(C) such data shall not be distributed in
competition with unenhanced data provided
by the Landsat 6 contractor.
(11) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of Commerce.
(12) UNENHANCED DATA.—The term ‘‘unenhanced data’’ means land remote sensing
signals or imagery products that are unprocessed or subject only to data preprocessing.
(13) UNITED STATES GOVERNMENT AND ITS AFFILIATED USERS.—The term ‘‘United States
Government and its affiliated users’’ means—
(A) United States Government agencies;
(B) researchers involved with the United
States Global Change Research Program and
its international counterpart programs; and
(C) other researchers and international entities that have signed with the United
States Government a cooperative agreement
involving the use of Landsat data for noncommercial purposes.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3409.)
HISTORICAL AND REVISION NOTES
Revised
Section
60101 ..........
Source (U.S. Code)
15 U.S.C. 5602.
Source (Statutes at Large)
Pub. L. 102–555, § 3, Oct. 28,
1992, 106 Stat. 4164.
The definition of ‘‘Administrator’’ in section 3 of the
Land Remote Sensing Policy Act of 1992 (Public Law
102–555, 106 Stat. 4164) is omitted as unnecessary because of the definition added by section 10101 of title 51.
FINDINGS
Pub. L. 102–555, § 2, Oct. 28, 1992, 106 Stat. 4163, provided that: ‘‘The Congress finds and declares the following:
‘‘(1) The continuous collection and utilization of
land remote sensing data from space are of major
benefit in studying and understanding human impacts on the global environment, in managing the
Earth’s natural resources, in carrying out national
security functions, and in planning and conducting
many other activities of scientific, economic, and social importance.
‘‘(2) The Federal Government’s Landsat system established the United States as the world leader in
land remote sensing technology.
‘‘(3) The national interest of the United States lies
in maintaining international leadership in satellite
land remote sensing and in broadly promoting the
beneficial use of remote sensing data.
‘‘(4) The cost of Landsat data has impeded the use
of such data for scientific purposes, such as for global
environmental change research, as well as for other
public sector applications.
‘‘(5) Given the importance of the Landsat program
to the United States, urgent actions, including expedited procurement procedures, are required to ensure
data continuity.
‘‘(6) Full commercialization of the Landsat program cannot be achieved within the foreseeable future, and thus should not serve as the near-term goal
of national policy on land remote sensing; however,
§ 60111
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
commercialization of land remote sensing should remain a long-term goal of United States policy.
‘‘(7) Despite the success and importance of the
Landsat system, funding and organizational uncertainties over the past several years have placed its
future in doubt and have jeopardized United States
leadership in land remote sensing.
‘‘(8) Recognizing the importance of the Landsat
program in helping to meet national and commercial
objectives, the President approved, on February 11,
1992, a National Space Policy Directive which was developed by the National Space Council and commits
the United States to ensuring the continuity of Landsat coverage into the 21st century.
‘‘(9) Because Landsat data are particularly important for national security purposes and global environmental change research, management responsibilities for the program should be transferred from the
Department of Commerce to an integrated program
management involving the Department of Defense
and the National Aeronautics and Space Administration.
‘‘(10) Regardless of management responsibilities for
the Landsat program, the Nation’s broad civilian, national security, commercial, and foreign policy interests in remote sensing will best be served by ensuring
that Landsat remains an unclassified program that
operates according to the principles of open skies and
nondiscriminatory access.
‘‘(11) Technological advances aimed at reducing the
size and weight of satellite systems hold the potential for dramatic reductions in the cost, and substantial improvements in the capabilities, of future land
remote sensing systems, but such technological advances have not been demonstrated for land remote
sensing and therefore cannot be relied upon as the
sole means of achieving data continuity for the Landsat program.
‘‘(12) A technology demonstration program involving advanced remote sensing technologies could serve
a vital role in determining the design of a follow-on
spacecraft to Landsat 7, while also helping to determine whether such a spacecraft should be funded by
the United States Government, by the private sector,
or by an international consortium.
‘‘(13) To maximize the value of the Landsat program to the American public, unenhanced Landsat 4
through 6 data should be made available, at a minimum, to United States Government agencies, to global environmental change researchers, and to other researchers who are financially supported by the
United States Government, at the cost of fulfilling
user requests, and unenhanced Landsat 7 data should
be made available to all users at the cost of fulfilling
user requests.
‘‘(14) To stimulate development of the commercial
market for unenhanced data and value-added services, the United States Government should adopt a
data policy for Landsat 7 which allows competition
within the private sector for distribution of unenhanced data and value-added services.
‘‘(15) Development of the remote sensing market
and the provision of commercial value-added services
based on remote sensing data should remain exclusively the function of the private sector.
‘‘(16) It is in the best interest of the United States
to maintain a permanent, comprehensive Government archive of global Landsat and other land remote sensing data for long-term monitoring and
study of the changing global environment.’’
[For definition of terms used in section 2 of Pub. L.
102–555, set out above, see section 3 of Pub. L. 102–555,
Oct. 28, 1992, 106 Stat. 4164, which was classified to
former section 5602 of Title 15, Commerce and Trade,
and was repealed and reenacted as this section by Pub.
L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444.]
Page 98
SUBCHAPTER II—LANDSAT
§ 60111. Landsat Program Management
(a) ESTABLISHMENT.—The Administrator and
the Secretary of Defense shall be responsible for
management of the Landsat program. Such responsibility shall be carried out by establishing
an integrated program management structure
for the Landsat system.
(b) MANAGEMENT PLAN.—The Administrator,
the Secretary of Defense, and any other United
States Government official the President designates as responsible for part of the Landsat
program shall establish, through a management
plan, the roles, responsibilities, and funding expectations for the Landsat program of the appropriate United States Government agencies.
The management plan shall—
(1) specify that the fundamental goal of the
Landsat Program Management is the continuity of unenhanced Landsat data through the
acquisition and operation of a Landsat 7 satellite as quickly as practicable which is, at a
minimum, functionally equivalent to the
Landsat 6 satellite, with the addition of a
tracking and data relay satellite communications capability;
(2) include a baseline funding profile that—
(A) is mutually acceptable to the Administration and the Department of Defense for
the period covering the development and operation of Landsat 7; and
(B) provides for total funding responsibility of the Administration and the Department of Defense, respectively, to be approximately equal to the funding responsibility of
the other as spread across the development
and operational life of Landsat 7;
(3) specify that any improvements over the
Landsat 6 functional equivalent capability for
Landsat 7 will be funded by a specific sponsoring agency or agencies, in a manner agreed to
by the Landsat Program Management, if the
required funding exceeds the baseline funding
profile required by paragraph (2), and that additional improvements will be sought only if
the improvements will not jeopardize data
continuity; and
(4) provide for a technology demonstration
program whose objective shall be the demonstration of advanced land remote sensing
technologies that may potentially yield a system which is less expensive to build and operate, and more responsive to data users, than is
the current Landsat system.
(c) RESPONSIBILITIES.—The Landsat Program
Management shall be responsible for—
(1) Landsat 7 procurement, launch, and operations;
(2) ensuring that the operation of the Landsat system is responsive to the broad interests
of the civilian, national security, commercial,
and foreign users of the Landsat system;
(3) ensuring that all unenhanced Landsat
data remain unclassified and that, except as
provided in subsections (a) and (b) of section
60146 of this title, no restrictions are placed on
the availability of unenhanced data;
(4) ensuring that land remote sensing data of
high priority locations will be acquired by the
Page 99
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
Landsat 7 system as required to meet the
needs of the United States Global Change Research Program, as established in the Global
Change Research Act of 1990 (15 U.S.C. 2921 et
seq.), and to meet the needs of national security users;
(5) Landsat data responsibilities pursuant to
this chapter;
(6) oversight of Landsat contracts entered
into under sections 102 1 and 103 1 of the Land
Remote Sensing Policy Act of 1992 (Public
Law 102–555, 106 Stat. 4168);
(7) coordination of a technology demonstration program pursuant to section 60133 of this
title; and
(8) ensuring that copies of data acquired by
the Landsat system are provided to the National Satellite Land Remote Sensing Data
Archive.
(d) AUTHORITY TO CONTRACT.—The Landsat
Program Management may, subject to appropriations and only under the existing contract
authority of the United States Government
agencies that compose the Landsat Program
Management, enter into contracts with the private sector for services such as satellite operations and data preprocessing.
(e) LANDSAT ADVISORY PROCESS.—
(1) ADVICE AND COMMENTS.—The Landsat
Program Management shall seek impartial advice and comments regarding the status, effectiveness, and operation of the Landsat system,
using existing advisory committees and other
appropriate mechanisms. Such advice shall be
sought from individuals who represent—
(A) a broad range of perspectives on basic
and applied science and operational needs
with respect to land remote sensing data;
(B) the full spectrum of users of Landsat
data, including representatives from United
States Government agencies, State and local
government agencies, academic institutions,
nonprofit organizations, value-added companies, the agricultural, mineral extraction,
and other user industries, and the public;
and
(C) a broad diversity of age groups, sexes,
and races.
(2) REPORTS.—The Landsat Program Management shall prepare and submit biennially a
report to Congress which—
(A) reports the public comments received
pursuant to paragraph (1); and
(B) includes—
(i) a response to the public comments received pursuant to paragraph (1);
(ii) information on the volume of use, by
category, of data from the Landsat system; and
(iii) any recommendations for policy or
programmatic changes to improve the
utility and operation of the Landsat system.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3411.)
1 See
References in Text note below.
§ 60113
HISTORICAL AND REVISION NOTES
Revised
Section
60111 ..........
Source (U.S. Code)
15 U.S.C. 5611.
Source (Statutes at Large)
Pub. L. 102–555, title I, § 101,
Oct. 28, 1992, 106 Stat. 4166.
In subsection (b), in the matter before paragraph (1),
after the words ‘‘funding expectations for the Landsat’’, the word ‘‘program’’ is set out without being capitalized to correct an error in the law.
In subsection (c)(6), the words ‘‘sections 102 and 103 of
the Land Remote Sensing Policy Act of 1992 (Public
Law 102–555, 106 Stat. 4168)’’ are substituted for ‘‘sections 102 and 103’’ to clarify the reference. The reference to sections 102 and 103 of the Land Remote Sensing Policy Act of 1992 is retained in text, notwithstanding the fact that sections 102 and 103 of the Act are repealed as obsolete, because oversight responsibilities
may continue for contracts entered into under the now
obsolete provisions.
In subsection (e)(2), in the matter before subparagraph (A), the word ‘‘biennially’’ is substituted for
‘‘Within 1 year after the date of the enactment of this
Act and biennially thereafter,’’ to eliminate obsolete
language.
REFERENCES IN TEXT
The Global Change Research Act of 1990, referred to
in subsec. (c)(4), is Pub. L. 101–606, Nov. 16, 1990, 104
Stat. 3096, which is classified generally to chapter 56A
(§ 2921 et seq.) of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see
Short Title note set out under section 2921 of Title 15
and Tables.
Sections 102 and 103 of the Land Remote Sensing Policy Act of 1992, referred to in subsec. (c)(6), which were
classified to sections 5612 and 5613, respectively, of
Title 15, Commerce and Trade, were repealed by Pub. L.
111–314, § 6, Dec. 18, 2010, 124 Stat. 3444, which Act enacted this title.
DEVELOPMENT, PROCUREMENT, AND SUPPORT
Pub. L. 102–484, div. A, title II, § 243, Oct. 23, 1992, 106
Stat. 2360, as amended by Pub. L. 103–35, title II,
§ 202(a)(3), May 31, 1993, 107 Stat. 101, provided that:
‘‘The Secretary of Defense is authorized to contract for
the development and procurement of, and support for
operations of, the Landsat vehicle designated as Landsat 7.’’ Similar provisions were contained in the following prior appropriation act:
Pub. L. 102–396, title IX, § 9082A, Oct. 6, 1992, 106 Stat.
1920.
§ 60112. Transfer of Landsat 6 program responsibilities
The responsibilities of the Secretary with respect to Landsat 6 shall be transferred to the
Landsat Program Management, as agreed to between the Secretary and the Landsat Program
Management, pursuant to section 60111 of this
title.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3413.)
HISTORICAL AND REVISION NOTES
Revised
Section
60112 ..........
Source (U.S. Code)
15 U.S.C. 5614.
Source (Statutes at Large)
Pub. L. 102–555, title I, § 104,
Oct. 28, 1992, 106 Stat. 4170.
§ 60113. Data policy for Landsat 7
(a) LANDSAT 7 DATA POLICY.—The Landsat
Program Management, in consultation with
other appropriate United States Government
agencies, shall develop a data policy for Landsat
7 which should—
§ 60121
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(1) ensure that unenhanced data are available to all users at the cost of fulfilling user
requests;
(2) ensure timely and dependable delivery of
unenhanced data to the full spectrum of civilian, national security, commercial, and foreign users and the National Satellite Land Remote Sensing Data Archive;
(3) ensure that the United States retains
ownership of all unenhanced data generated by
Landsat 7;
(4) support the development of the commercial market for remote sensing data;
(5) ensure that the provision of commercial
value-added services based on remote sensing
data remains exclusively the function of the
private sector; and
(6) to the extent possible, ensure that the
data distribution system for Landsat 7 is compatible with the Earth Observing System Data
and Information System.
(b) ADDITIONAL
ATIONS.—In addition,
DATA POLICY CONSIDERthe data policy for Landsat
7 may provide for—
(1) United States private sector entities to
operate ground receiving stations in the
United States for Landsat 7 data;
(2) other means for direct access by private
sector entities to unenhanced data from Landsat 7; and
(3) the United States Government to charge
a per image fee, license fee, or other such fee
to entities operating ground receiving stations
or distributing Landsat 7 data.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3413.)
HISTORICAL AND REVISION NOTES
Revised
Section
60113 ..........
Source (U.S. Code)
15 U.S.C. 5615(a),
(b).
Source (Statutes at Large)
Pub. L. 102–555, title I,
§ 105(a), (b), Oct. 28, 1992,
106 Stat. 4170.
SUBCHAPTER III—LICENSING OF PRIVATE
REMOTE SENSING SPACE SYSTEMS
§ 60121. General licensing authority
(a) LICENSING AUTHORITY OF SECRETARY.—
(1) IN GENERAL.—In consultation with other
appropriate United States Government agencies, the Secretary is authorized to license private sector parties to operate private remote
sensing space systems for such period as the
Secretary may specify and in accordance with
the provisions of this subchapter.
(2) LIMITATION WITH RESPECT TO SYSTEM USED
FOR OTHER PURPOSES.—In the case of a private
space system that is used for remote sensing
and other purposes, the authority of the Secretary under this subchapter shall be limited
only to the remote sensing operations of such
space system.
COMPLIANCE WITH LAW, REGULATIONS,
INTERNATIONAL OBLIGATIONS, AND NATIONAL SECURITY.—
(1) IN GENERAL.—No license shall be granted
by the Secretary unless the Secretary determines in writing that the applicant will comply with the requirements of this chapter, any
regulations issued pursuant to this chapter,
Page 100
and any applicable international obligations
and national security concerns of the United
States.
(2) LIST OF REQUIREMENTS FOR COMPLETE APPLICATION.—The Secretary shall publish in the
Federal Register a complete and specific list
of all information required to comprise a complete application for a license under this subchapter. An application shall be considered
complete when the applicant has provided all
information required by the list most recently
published in the Federal Register before the
date the application was first submitted. Unless the Secretary has, within 30 days after receipt of an application, notified the applicant
of information necessary to complete an application, the Secretary may not deny the application on the basis of the absence of any such
information.
(c) DEADLINE FOR ACTION ON APPLICATION.—
The Secretary shall review any application and
make a determination thereon within 120 days
of the receipt of such application. If final action
has not occurred within such time, the Secretary shall inform the applicant of any pending
issues and of actions required to resolve them.
(d) IMPROPER BASIS FOR DENIAL.—The Secretary shall not deny such license in order to
protect any existing licensee from competition.
(e) REQUIREMENT TO PROVIDE UNENHANCED
DATA.—
(1) DESIGNATION OF DATA.—The Secretary, in
consultation with other appropriate United
States Government agencies and pursuant to
paragraph (2), shall designate in a license issued pursuant to this subchapter any unenhanced data required to be provided by the
licensee under section 60122(b)(3) of this title.
(2) PRELIMINARY DETERMINATION.—The Secretary shall make a designation under paragraph (1) after determining that—
(A) such data are generated by a system
for which all or a substantial part of the development, fabrication, launch, or operations costs have been or will be directly
funded by the United States Government; or
(B) it is in the interest of the United
States to require such data to be provided by
the
licensee
consistent
with
section
60122(b)(3) of this title, after considering the
impact on the licensee and the importance
of promoting widespread access to remote
sensing data from United States and foreign
systems.
(3) CONSISTENCY WITH CONTRACT OR OTHER ARRANGEMENT.—A designation made by the Secretary under paragraph (1) shall not be inconsistent with any contract or other arrangement entered into between a United States
Government agency and the licensee.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3413.)
(b)
HISTORICAL AND REVISION NOTES
Revised
Section
60121 ..........
Source (U.S. Code)
15 U.S.C. 5621.
Source (Statutes at Large)
Pub. L. 102–555, title II, § 201,
Oct. 28, 1992, 106 Stat. 4171;
Pub. L. 105–303, title I,
§ 107(f)(1), Oct. 28, 1998, 112
Stat. 2854.
Page 101
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
In subsection (b)(2), the words ‘‘within 6 months after
the date of the enactment of the Commercial Space Act
of 1998’’ are omitted as obsolete.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3415.)
HISTORICAL AND REVISION NOTES
PROHIBITION ON COLLECTION AND RELEASE OF DETAILED
SATELLITE IMAGERY RELATING TO ISRAEL
Revised
Section
Pub. L. 104–201, div. A, title X, § 1064, Sept. 23, 1996, 110
Stat. 2653, provided that:
‘‘(a) COLLECTION AND DISSEMINATION.—A department
or agency of the United States may issue a license for
the collection or dissemination by a non-Federal entity
of satellite imagery with respect to Israel only if such
imagery is no more detailed or precise than satellite
imagery of Israel that is available from commercial
sources.
‘‘(b) DECLASSIFICATION AND RELEASE.—A department
or agency of the United States may declassify or otherwise release satellite imagery with respect to Israel
only if such imagery is no more detailed or precise than
satellite imagery of Israel that is available from commercial sources.’’
60122 ..........
§ 60122. Conditions for operation
(a) LICENSE REQUIRED FOR OPERATION.—No person that is subject to the jurisdiction or control
of the United States may, directly or through
any subsidiary or affiliate, operate any private
remote sensing space system without a license
pursuant to section 60121 of this title.
(b) LICENSING REQUIREMENTS.—Any license issued pursuant to this subchapter shall specify
that the licensee shall comply with all of the requirements of this chapter and shall—
(1) operate the system in such manner as to
preserve the national security of the United
States and to observe the international obligations of the United States in accordance with
section 60146 of this title;
(2) make available to the government of any
country (including the United States) unenhanced data collected by the system concerning the territory under the jurisdiction of
such government as soon as such data are
available and on reasonable terms and conditions;
(3) make unenhanced data designated by the
Secretary in the license pursuant to section
60121(e) of this title available in accordance
with section 60141 of this title;
(4) upon termination of operations under the
license, make disposition of any satellites in
space in a manner satisfactory to the President;
(5) furnish the Secretary with complete orbit
and data collection characteristics of the system, and inform the Secretary immediately of
any deviation; and
(6) notify the Secretary of any significant or
substantial agreement the licensee intends to
enter with a foreign nation, entity, or consortium involving foreign nations or entities.
(c) ADDITIONAL LICENSING REQUIREMENTS FOR
LANDSAT 6 CONTRACTOR.—In addition to the requirements of subsection (b), any license issued
pursuant to this subchapter to the Landsat 6
contractor shall specify that the Landsat 6 contractor shall—
(1) notify the Secretary of any value added
activities (as defined by the Secretary by regulation) that will be conducted by the Landsat
6 contractor or by a subsidiary or affiliate; and
(2) if such activities are to be conducted,
provide the Secretary with a plan for compliance with section 60141 of this title.
§ 60123
Source (U.S. Code)
15 U.S.C. 5622.
Source (Statutes at Large)
Pub. L. 102–555, title II, § 202,
Oct. 28, 1992, 106 Stat. 4172;
Pub. L. 105–303, title I,
§ 107(f)(2), Oct. 28, 1998, 112
Stat. 2854.
In subsection (c), in the matter before paragraph (1),
the words ‘‘subsection (b)’’ are substituted for ‘‘paragraph (b)’’ to correct an error in the law.
§ 60123. Administrative authority of Secretary
(a) FUNCTIONS.—In order to carry out the responsibilities specified in this subchapter, the
Secretary may—
(1) grant, condition, or transfer licenses
under this chapter;
(2) seek an order of injunction or similar judicial determination from a district court of
the United States with personal jurisdiction
over the licensee to terminate, modify, or suspend licenses under this subchapter and to terminate licensed operations on an immediate
basis, if the Secretary determines that the licensee has substantially failed to comply with
any provisions of this chapter, with any terms,
conditions, or restrictions of such license, or
with any international obligations or national
security concerns of the United States;
(3) provide penalties for noncompliance with
the requirements of licenses or regulations issued under this subchapter, including civil
penalties not to exceed $10,000 (each day of operation in violation of such licenses or regulations constituting a separate violation);
(4) compromise, modify, or remit any such
civil penalty;
(5) issue subpoenas for any materials, documents, or records, or for the attendance and
testimony of witnesses for the purpose of conducting a hearing under this section;
(6) seize any object, record, or report pursuant to a warrant from a magistrate based on a
showing of probable cause to believe that such
object, record, or report was used, is being
used, or is likely to be used in violation of this
chapter or the requirements of a license or
regulation issued thereunder; and
(7) make investigations and inquiries and administer to or take from any person an oath,
affirmation, or affidavit concerning any matter relating to the enforcement of this chapter.
(b) REVIEW OF AGENCY ACTION.—Any applicant
or licensee that makes a timely request for review of an adverse action pursuant to paragraph
(1), (3), (5), or (6) of subsection (a) shall be entitled to adjudication by the Secretary on the
record after an opportunity for any agency hearing with respect to such adverse action. Any
final action by the Secretary under this subsection shall be subject to judicial review under
chapter 7 of title 5.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3415.)
§ 60124
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
60123 ..........
Source (U.S. Code)
15 U.S.C. 5623.
Source (Statutes at Large)
Pub. L. 102–555, title II, § 203,
Oct. 28, 1992, 106 Stat. 4172.
In subsection (a), at the end of paragraph (2), a semicolon is substituted for the period to correct an error
in the law.
§ 60124. Regulatory authority of Secretary
The Secretary may issue regulations to carry
out this subchapter. Such regulations shall be
promulgated only after public notice and comment in accordance with the provisions of section 553 of title 5.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3416.)
HISTORICAL AND REVISION NOTES
Revised
Section
60124 ..........
Source (U.S. Code)
15 U.S.C. 5624.
Source (Statutes at Large)
Pub. L. 102–555, title II, § 204,
Oct. 28, 1992, 106 Stat. 4173.
§ 60125. Agency activities
(a) LICENSE APPLICATION AND ISSUANCE.—A private sector party may apply for a license to operate a private remote sensing space system
which utilizes, on a space-available basis, a civilian United States Government satellite or vehicle as a platform for such system. The Secretary, pursuant to this subchapter, may license
such system if it meets all conditions of this
subchapter and—
(1) the system operator agrees to reimburse
the Government in a timely manner for all related costs incurred with respect to such utilization, including a reasonable and proportionate share of fixed, platform, data transmission, and launch costs; and
(2) such utilization would not interfere with
or otherwise compromise intended civilian
Government missions, as determined by the
agency responsible for such civilian platform.
(b) ASSISTANCE.—The Secretary may offer assistance to private sector parties in finding appropriate opportunities for such utilization.
(c) AGREEMENTS.—To the extent provided in
advance by appropriation Acts, any United
States Government agency may enter into
agreements for such utilization if such agreements are consistent with such agency’s mission
and statutory authority, and if such remote
sensing space system is licensed by the Secretary before commencing operation.
(d) APPLICABILITY.—This section does not
apply to activities carried out under subchapter
IV.
(e) EFFECT ON FCC AUTHORITY.—Nothing in
this subchapter shall affect the authority of the
Federal Communications Commission pursuant
to the Communications Act of 1934 (47 U.S.C. 151
et seq.).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3416.)
REFERENCES IN TEXT
The Communications Act of 1934, referred to in subsec. (e), is act June 19, 1934, ch. 652, 48 Stat. 1064, which
is classified principally to chapter 5 (§ 151 et seq.) of
Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47
and Tables.
SUBCHAPTER IV—RESEARCH,
DEVELOPMENT, AND DEMONSTRATION
§ 60131. Continued Federal research and development
(a) ROLES OF ADMINISTRATION AND DEPARTMENT
DEFENSE.—
(1) IN GENERAL.—The Administrator and the
Secretary of Defense are directed to continue
and to enhance programs of remote sensing research and development.
(2) ADMINISTRATION ACTIVITIES AUTHORIZED
AND ENCOURAGED.—The Administrator is authorized and encouraged to—
(A) conduct experimental space remote
sensing programs (including applications
demonstration programs and basic research
at universities);
(B) develop remote sensing technologies
and techniques, including those needed for
monitoring the Earth and its environment;
and
(C) conduct such research and development
in cooperation with other United States
Government agencies and with public and
private research entities (including private
industry, universities, non-profit organizations, State and local governments, foreign
governments, and international organizations) and to enter into arrangements (including joint ventures) which will foster
such cooperation.
OF
(b) ROLES OF DEPARTMENT OF AGRICULTURE
DEPARTMENT OF THE INTERIOR.—
(1) IN GENERAL.—In order to enhance the
ability of the United States to manage and
utilize its renewable and nonrenewable resources, the Secretary of Agriculture and the
Secretary of the Interior are authorized and
encouraged to conduct programs of research
and development in the applications of remote
sensing using funds appropriated for such purposes.
(2) ACTIVITIES THAT MAY BE INCLUDED.—Such
programs may include basic research at universities, demonstrations of applications, and
cooperative activities involving other Government agencies, private sector parties, and foreign and international organizations.
AND
(c) ROLE OF OTHER FEDERAL AGENCIES.—Other
United States Government agencies are authorized and encouraged to conduct research and development on the use of remote sensing in the
fulfillment of their authorized missions, using
funds appropriated for such purposes.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3417.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Section
60125 ..........
Source (U.S. Code)
15 U.S.C. 5625.
Source (Statutes at Large)
Pub. L. 102–555, title II, § 205,
Oct. 28, 1992, 106 Stat. 4173.
Page 102
Revised
Section
60131 ..........
Source (U.S. Code)
15 U.S.C. 5631.
Source (Statutes at Large)
Pub. L. 102–555, title III,
§ 301, Oct. 28, 1992, 106
Stat. 4174.
Page 103
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
§ 60132. Availability of federally gathered unenhanced data
(a) IN GENERAL.—All unenhanced land remote
sensing data gathered and owned by the United
States Government, including unenhanced data
gathered under the technology demonstration
program carried out pursuant to section 60133 of
this title, shall be made available to users in a
timely fashion.
(b) PROTECTION FOR COMMERCIAL DATA DISTRIBUTOR.—The President shall seek to ensure
that unenhanced data gathered under the technology demonstration program carried out pursuant to section 60133 of this title shall, to the
extent practicable, be made available on terms
that would not adversely affect the commercial
market for unenhanced data gathered by the
Landsat 6 spacecraft.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3417.)
HISTORICAL AND REVISION NOTES
Revised
Section
60132 ..........
Source (U.S. Code)
15 U.S.C. 5632.
Source (Statutes at Large)
Pub. L. 102–555, title III,
§ 302, Oct. 28, 1992, 106
Stat. 4174.
In subsection (b), the word ‘‘affect’’ is substituted for
‘‘effect’’ to correct an error in the law.
§ 60133. Technology demonstration program
(a) ESTABLISHMENT.—As a fundamental component of a national land remote sensing strategy,
the President shall establish, through appropriate United States Government agencies, a
technology demonstration program. The goals of
the program shall be to—
(1) seek to launch advanced land remote
sensing system components within 5 years
after October 28, 1992;
(2) demonstrate within such 5-year period
advanced sensor capabilities suitable for use
in the anticipated land remote sensing program; and
(3) demonstrate within such 5-year period an
advanced land remote sensing system design
that could be less expensive to procure and operate than the Landsat system projected to be
in operation through the year 2000, and that
therefore holds greater potential for private
sector investment and control.
(b) EXECUTION OF PROGRAM.—In executing the
technology demonstration program, the President shall seek to apply technologies associated
with United States National Technical Means of
intelligence gathering, to the extent that such
technologies are appropriate for the technology
demonstration and can be declassified for such
purposes without causing adverse harm to
United States national security interests.
(c) BROAD APPLICATION.—To the greatest extent practicable, the technology demonstration
program established under subsection (a) shall
be designed to be responsive to the broad civilian, national security, commercial, and foreign
policy needs of the United States.
(d) PRIVATE SECTOR FUNDING.—The technology
demonstration program under this section may
be carried out in part with private sector funding.
§ 60134
(e) LANDSAT PROGRAM MANAGEMENT COORDINATION.—The Landsat Program Management shall
have a coordinating role in the technology demonstration program carried out under this section.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3418.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
60133 ..........
15 U.S.C. 5633(a)–(e).
Pub. L. 102–555, title III,
§ 303(a)–(e), Oct. 28, 1992,
106 Stat. 4174.
In subsection (a)(1), the date ‘‘October 28, 1992’’ is
substituted for ‘‘the date of the enactment of this Act’’
to reflect the date of enactment of the Land Remote
Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat.
4163). At the end of paragraph (1), a semicolon is substituted for the period to correct an error in the law.
§ 60134. Preference for private sector land remote sensing system
(a) IN GENERAL.—If a successor land remote
sensing system to Landsat 7 can be funded and
managed by the private sector while still
achieving the goals stated in subsection (b)
without jeopardizing the domestic, national security, and foreign policy interests of the United
States, preference should be given to the development of such a system by the private sector
without competition from the United States
Government.
(b) GOALS.—The goals referred to in subsection
(a) are—
(1) to encourage the development, launch,
and operation of a land remote sensing system
that adequately serves the civilian, national
security, commercial, and foreign policy interests of the United States;
(2) to encourage the development, launch,
and operation of a land remote sensing system
that maintains data continuity with the Landsat system; and
(3) to incorporate system enhancements, including any such enhancements developed
under the technology demonstration program
under section 60133 of this title, which may potentially yield a system that is less expensive
to build and operate, and more responsive to
data users, than is the Landsat system otherwise projected to be in operation in the future.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3418.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
60134(a) ......
15 U.S.C. 5641(c).
60134(b) ......
15 U.S.C. 5641(b).
Source (Statutes at Large)
Pub. L. 102–555, title IV,
§ 401(b), (c), Oct. 28, 1992,
106 Stat. 4176.
In subsection (b), in the matter before paragraph (1),
the words ‘‘In carrying out subsection (a), the Landsat
Program Management shall consider the ability of each
of the options to’’ are omitted as obsolete. The omitted
words refer to section 401(a) of the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5641(a)), which required, within 5 years after October 28, 1992, the Landsat Program Management, in consultation with representatives of appropriate United States Government
agencies, to assess and report to Congress on options
for a successor land remote sensing system to Landsat
7.
§ 60141
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
In subsection (b)(3), the words ‘‘otherwise projected
to be in operation in the future’’ are substituted for
‘‘projected to be in operation through the year 2000’’ to
eliminate obsolete language.
SUBCHAPTER V—GENERAL PROVISIONS
§ 60141. Nondiscriminatory data availability
(a) IN GENERAL.—Except as provided in subsection (b), any unenhanced data generated by
the Landsat system or any other land remote
sensing system funded and owned by the United
States Government shall be made available to
all users without preference, bias, or any other
special arrangement (except on the basis of national security concerns pursuant to section
60146 of this title) regarding delivery, format,
pricing, or technical considerations which would
favor one customer or class of customers over
another.
(b) EXCEPTIONS.—Unenhanced data generated
by the Landsat system or any other land remote
sensing system funded and owned by the United
States Government may be made available to
the United States Government and its affiliated
users at reduced prices, in accordance with this
chapter, on the condition that such unenhanced
data are used solely for noncommercial purposes.
Page 104
(4) consider the need for data which may be
duplicative in terms of geographical coverage
but which differ in terms of season, spectral
bands, resolution, or other relevant factors;
(5) include, as the Secretary of the Interior
considers appropriate, unenhanced data generated either by the Landsat system, pursuant
to subchapter II, or by licensees under subchapter III;
(6) include, as the Secretary of the Interior
considers appropriate, data collected by foreign ground stations or by foreign remote
sensing space systems; and
(7) ensure that the content of the archive is
developed in accordance with section 60146 of
this title.
(d) PUBLIC DOMAIN.—After the expiration of
any exclusive right to sell, or after relinquishment of such right, the data provided to the National Satellite Land Remote Sensing Data Archive shall be in the public domain and shall be
made available to requesting parties by the Secretary of the Interior at the cost of fulfilling
user requests.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3419.)
HISTORICAL AND REVISION NOTES
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3419.)
HISTORICAL AND REVISION NOTES
Revised
Section
60141 ..........
Revised
Section
60142 ..........
Source (U.S. Code)
15 U.S.C. 5651.
Source (U.S. Code)
15 U.S.C. 5652.
Source (Statutes at Large)
Pub. L. 102–555, title V, § 501,
Oct. 28, 1992, 106 Stat. 4176.
§ 60142. Archiving of data
(a) PUBLIC INTEREST.—It is in the public interest for the United States Government to—
(1) maintain an archive of land remote sensing data for historical, scientific, and technical purposes, including long-term global environmental monitoring;
(2) control the content and scope of the archive; and
(3) ensure the quality, integrity, and continuity of the archive.
(b) ARCHIVING PRACTICES.—The Secretary of
the Interior, in consultation with the Landsat
Program Management, shall provide for longterm storage, maintenance, and upgrading of a
basic, global, land remote sensing data set (hereafter in this section referred to as the ‘‘basic
data set’’) and shall follow reasonable archival
practices to ensure proper storage and preservation of the basic data set and timely access for
parties requesting data.
(c) DETERMINATION OF CONTENT OF BASIC DATA
SET.—In determining the initial content of, or
in upgrading, the basic data set, the Secretary
of the Interior shall—
(1) use as a baseline the data archived on October 28, 1992;
(2) take into account future technical and
scientific developments and needs, paying particular attention to the anticipated data requirements of global environmental change research;
(3) consult with and seek the advice of users
and producers of remote sensing data and data
products;
Source (Statutes at Large)
Pub. L. 102–555, title V, § 502,
Oct. 28, 1992, 106 Stat. 4176.
In subsection (b), the words ‘‘hereafter in this section’’ are substituted for ‘‘hereinafter’’ for clarity.
In subsection (c), in the matter before paragraph (1),
the words ‘‘of the Interior’’ are substituted for ‘‘of Interior’’ to correct an error in the law.
In subsection (c)(1), the date ‘‘October 28, 1992’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enactment of the Land Remote Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat.
4163).
§ 60143. Nonreproduction
Unenhanced data distributed by any licensee
under subchapter III may be sold on the condition that such data will not be reproduced or
disseminated by the purchaser for commercial
purposes.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.)
HISTORICAL AND REVISION NOTES
Revised
Section
60143 ..........
Source (U.S. Code)
15 U.S.C. 5653.
Source (Statutes at Large)
Pub. L. 102–555, title V, § 503,
Oct. 28, 1992, 106 Stat. 4177.
§ 60144. Reimbursement for assistance
The Administrator, the Secretary of Defense,
and the heads of other United States Government agencies may provide assistance to land
remote sensing system operators under the provisions of this chapter. Substantial assistance
shall be reimbursed by the operator, except as
otherwise provided by law.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.)
Page 105
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
60144 ..........
Source (U.S. Code)
15 U.S.C. 5654.
Source (Statutes at Large)
Pub. L. 102–555, title V, § 504,
Oct. 28, 1992, 106 Stat. 4177.
§ 60145. Acquisition of equipment
The Landsat Program Management may, by
means of a competitive process, allow a licensee
under subchapter III or any other private party
to buy, lease, or otherwise acquire the use of
equipment from the Landsat system, when such
equipment is no longer needed for the operation
of such system or for the sale of data from such
system. Officials of other United States Government civilian agencies are authorized and encouraged to cooperate with the Secretary in carrying out this section.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.)
HISTORICAL AND REVISION NOTES
Revised
Section
60145 ..........
Source (U.S. Code)
15 U.S.C. 5655.
Source (Statutes at Large)
Pub. L. 102–555, title V, § 505,
Oct. 28, 1992, 106 Stat. 4177.
§ 60146. Radio frequency allocation
(a) APPLICATION TO FEDERAL COMMUNICATIONS
COMMISSION.—To the extent required by the
Communications Act of 1934 (47 U.S.C. 151 et
seq.), an application shall be filed with the Federal Communications Commission for any radio
facilities involved with commercial remote sensing space systems licensed under subchapter III.
(b) DEADLINE FOR FCC ACTION.—It is the intent
of Congress that the Federal Communications
Commission complete the radio licensing process under the Communications Act of 1934 (47
U.S.C. 151 et seq.), upon the application of any
private sector party or consortium operator of
any commercial land remote sensing space system subject to this chapter, within 120 days of
the receipt of an application for such licensing.
If final action has not occurred within 120 days
of the receipt of such an application, the Federal
Communications Commission shall inform the
applicant of any pending issues and of actions
required to resolve them.
(c) DEVELOPMENT AND CONSTRUCTION OF UNITED
STATES SYSTEMS.—Authority shall not be required from the Federal Communications Commission for the development and construction of
any United States land remote sensing space
system (or component thereof), other than radio
transmitting facilities or components, while any
licensing determination is being made.
(d) CONSISTENCY WITH INTERNATIONAL OBLIGATIONS AND PUBLIC INTEREST.—Frequency allocations made pursuant to this section by the Federal Communications Commission shall be consistent with international obligations and with
the public interest.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.)
HISTORICAL AND REVISION NOTES
Revised
Section
60146 ..........
Source (U.S. Code)
15 U.S.C. 5656.
Source (Statutes at Large)
Pub. L. 102–555, title V, § 506,
Oct. 28, 1992, 106 Stat. 4177.
§ 60147
REFERENCES IN TEXT
The Communications Act of 1934, referred to in subsecs. (a) and (b), is act June 19, 1934, ch. 652, 48 Stat.
1064, which is classified principally to chapter 5 (§ 151 et
seq.) of Title 47, Telecommunications. For complete
classification of this Act to the Code, see section 609 of
Title 47 and Tables.
§ 60147. Consultation
(a) CONSULTATION WITH
FENSE.—The Secretary and
SECRETARY OF DEthe Landsat Program
Management shall consult with the Secretary of
Defense on all matters under this chapter affecting national security. The Secretary of Defense
shall be responsible for determining those conditions, consistent with this chapter, necessary to
meet national security concerns of the United
States and for notifying the Secretary and the
Landsat Program Management promptly of such
conditions.
(b) CONSULTATION WITH SECRETARY OF STATE.—
(1) IN GENERAL.—The Secretary and the
Landsat Program Management shall consult
with the Secretary of State on all matters
under this chapter affecting international obligations. The Secretary of State shall be responsible for determining those conditions,
consistent with this chapter, necessary to
meet international obligations and policies of
the United States and for notifying promptly
the Secretary and the Landsat Program Management of such conditions.
(2) INTERNATIONAL AID.—Appropriate United
States Government agencies are authorized
and encouraged to provide remote sensing
data, technology, and training to developing
nations as a component of programs of international aid.
(3) REPORTING DISCRIMINATORY DISTRIBUTION.—The Secretary of State shall promptly
report to the Secretary and Landsat Program
Management any instances outside the United
States of discriminatory distribution of Landsat data.
(c) STATUS REPORT.—The Landsat Program
Management shall, as often as necessary, provide to Congress complete and updated information about the status of ongoing operations of
the Landsat system, including timely notification of decisions made with respect to the Landsat system in order to meet national security
concerns and international obligations and policies of the United States Government.
(d) REIMBURSEMENTS.—If, as a result of technical modifications imposed on a licensee under
subchapter III on the basis of national security
concerns, the Secretary, in consultation with
the Secretary of Defense or with other Federal
agencies, determines that additional costs will
be incurred by the licensee, or that past development costs (including the cost of capital) will
not be recovered by the licensee, the Secretary
may require the agency or agencies requesting
such technical modifications to reimburse the
licensee for such additional or development
costs, but not for anticipated profits. Reimbursements may cover costs associated with required changes in system performance, but not
costs ordinarily associated with doing business
abroad.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3421.)
§ 60148
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
60147 ..........
Source (U.S. Code)
15 U.S.C. 5657.
Source (Statutes at Large)
Pub. L. 102–555, title V, § 507,
Oct. 28, 1992, 106 Stat. 4178.
§ 60148. Enforcement
(a) IN GENERAL.—In order to ensure that unenhanced data from the Landsat system received solely for noncommercial purposes are
not used for any commercial purpose, the Secretary (in collaboration with private sector entities responsible for the marketing and distribution of unenhanced data generated by the Landsat system) shall develop and implement a system for enforcing this prohibition, in the event
that unenhanced data from the Landsat system
are made available for noncommercial purposes
at a different price than such data are made
available for other purposes.
(b) AUTHORITY OF SECRETARY.—Subject to subsection (d), the Secretary may impose any of the
enforcement mechanisms described in subsection (c) against a person that—
(1) receives unenhanced data from the Landsat system under this chapter solely for noncommercial purposes (and at a different price
than the price at which such data are made
available for other purposes); and
(2) uses such data for other than noncommercial purposes.
(c) ENFORCEMENT MECHANISMS.—Enforcement
mechanisms referred to in subsection (b) may
include civil penalties of not more than $10,000
(per day per violation), denial of further unenhanced data purchasing privileges, and any
other penalties or restrictions the Secretary
considers necessary to ensure, to the greatest
extent practicable, that unenhanced data provided for noncommercial purposes are not used
to unfairly compete in the commercial market
against private sector entities not eligible for
data at the cost of fulfilling user requests.
(d) PROCEDURES AND REGULATIONS.—The Secretary shall issue any regulations necessary to
carry out this section and shall establish standards and procedures governing the imposition of
enforcement mechanisms under subsection (b).
The standards and procedures shall include a
procedure for potentially aggrieved parties to
file formal protests with the Secretary alleging
instances where such unenhanced data have
been, or are being, used for commercial purposes
in violation of the terms of receipt of such data.
The Secretary shall promptly act to investigate
any such protest, and shall report annually to
Congress on instances of such violations.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3421.)
HISTORICAL AND REVISION NOTES
Revised
Section
60148 ..........
Source (U.S. Code)
15 U.S.C. 5658.
Source (Statutes at Large)
Pub. L. 102–555, title V, § 508,
Oct. 28, 1992, 106 Stat. 4179.
In subsection (d), in the second sentence, the words
‘‘have been, or are being’’ are substituted for ‘‘has been,
or is being’’ to correct an error in the law.
Page 106
SUBCHAPTER VI—PROHIBITION OF
MERCIALIZATION OF WEATHER
ELLITES
COMSAT-
§ 60161. Prohibition
Neither the President nor any other official of
the Government shall make any effort to lease,
sell, or transfer to the private sector, or commercialize, any portion of the weather satellite
systems operated by the Department of Commerce or any successor agency.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3422.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
60161 ..........
15 U.S.C. 5671.
Source (Statutes at Large)
Pub. L. 102–555, title VI,
§ 601, Oct. 28, 1992, 106
Stat. 4179.
§ 60162. Future considerations
Regardless of any change in circumstances
subsequent to October 28, 1992, even if such
change makes it appear to be in the national interest to commercialize weather satellites, neither the President nor any official shall take
any action prohibited by section 60161 of this
title unless this subchapter has first been repealed.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3422.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
60162 ..........
15 U.S.C. 5672.
Source (Statutes at Large)
Pub. L. 102–555, title VI,
§ 602, Oct. 28, 1992, 106
Stat. 4180.
The date ‘‘October 28, 1992’’ is substituted for ‘‘the enactment of this Act’’ to reflect the date of enactment
of the Land Remote Sensing Policy Act of 1992 (Public
Law 102–555, 106 Stat. 4163).
CHAPTER 603—REMOTE SENSING
Sec.
60301.
60302.
60303.
60304.
60305.
60306.
Definitions.
General responsibilities.
Pilot projects to encourage public sector applications.
Program evaluation.
Data availability.
Education.
§ 60301. Definitions
In this chapter:
(1) GEOSPATIAL INFORMATION.—The term
‘‘geospatial information’’ means knowledge of
the nature and distribution of physical and
cultural features on the landscape based on
analysis of data from airborne or spaceborne
platforms or other types and sources of data.
(2) HIGH RESOLUTION.—The term ‘‘high resolution’’ means resolution better than five meters.
(3) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ has the
meaning given the term in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3423.)
Page 107
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
60301 ..........
Source (U.S. Code)
42 U.S.C. 16671.
Source (Statutes at Large)
Pub. L. 109–155, title III,
§ 311, Dec. 30, 2005, 119
Stat. 2920.
§ 60302. General responsibilities
The Administrator shall—
(1) develop a sustained relationship with the
United States commercial remote sensing industry and, consistent with applicable policies
and law, to the maximum practicable, rely on
their services; and
(2) in conjunction with United States industry and universities, research, develop, and
demonstrate prototype Earth science applications to enhance Federal, State, local, and
tribal governments’ use of government and
commercial remote sensing data, technologies, and other sources of geospatial information for improved decision support to address their needs.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3423.)
(2) State, local, regional, and tribal agencies
in applying remote sensing and other geospatial information technologies for growth
management.
(d) DURATION.—Assistance for a pilot project
under subsection (a) shall be provided for a period not to exceed 3 years.
(e) REPORT.—Each recipient of a grant under
subsection (a) shall transmit a report to the Administrator on the results of the pilot project
within 180 days of the completion of that
project.
(f) WORKSHOP.—Each recipient of a grant
under subsection (a) shall, not later than 180
days after the completion of the pilot project,
conduct at least one workshop for potential
users to disseminate the lessons learned from
the pilot project as widely as feasible.
(g) REGULATIONS.—The Administrator shall
issue regulations establishing application, selection, and implementation procedures for pilot
projects, and guidelines for reports and workshops required by this section.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3423.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Section
60302 ..........
Source (U.S. Code)
42 U.S.C. 16672.
Source (Statutes at Large)
Pub. L. 109–155, title III,
§ 312, Dec. 30, 2005, 119
Stat. 2920.
§ 60303. Pilot projects to encourage public sector
applications
(a) IN GENERAL.—The Administrator shall establish a program of grants for competitively
awarded pilot projects to explore the integrated
use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs.
(b) PREFERRED PROJECTS.—In awarding grants
under this section, the Administrator shall give
preference to projects that—
(1) make use of commercial data sets, including high resolution commercial satellite
imagery and derived satellite data products,
existing public data sets where commercial
data sets are not available or applicable, or
the fusion of such data sets;
(2) integrate multiple sources of geospatial
information, such as geographic information
system data, satellite-provided positioning
data, and remotely sensed data, in innovative
ways;
(3) include funds or in-kind contributions
from non-Federal sources;
(4) involve the participation of commercial
entities that process raw or lightly processed
data, often merging that data with other geospatial information, to create data products
that have significant value added to the original data; and
(5) taken together demonstrate as diverse a
set of public sector applications as possible.
(c) OPPORTUNITIES.—In carrying out this section, the Administrator shall seek opportunities
to assist—
(1) in the development of commercial applications potentially available from the remote
sensing industry; and
§ 60304
Revised
Section
60303 ..........
Source (U.S. Code)
42 U.S.C. 16673.
Source (Statutes at Large)
Pub. L. 109–155, title III,
§ 313, Dec. 30, 2005, 119
Stat. 2921.
§ 60304. Program evaluation
(a) ADVISORY COMMITTEE.—The Administrator
shall establish an advisory committee, consisting of individuals with appropriate expertise in
State, local, regional, and tribal agencies, the
university research community, and the remote
sensing and other geospatial information industries, to monitor the program established under
section 60303 of this title. The advisory committee shall consult with the Federal Geographic
Data Committee and other appropriate industry
representatives and organizations. Notwithstanding section 14 of the Federal Advisory
Committee Act (5 App. U.S.C.), the advisory
committee established under this subsection
shall remain in effect until the termination of
the program under section 60303 of this title.
(b) EFFECTIVENESS EVALUATION.—Not later
than December 31, 2009, the Administrator shall
transmit to Congress an evaluation of the effectiveness of the program established under section 60303 of this title in exploring and promoting the integrated use of sources of remote sensing and other geospatial information to address
State, local, regional, and tribal agency needs.
Such evaluation shall have been conducted by
an independent entity.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3424.)
HISTORICAL AND REVISION NOTES
Revised
Section
60304 ..........
Source (U.S. Code)
42 U.S.C. 16674.
Source (Statutes at Large)
Pub. L. 109–155, title III,
§ 314, Dec. 30, 2005, 119
Stat. 2921.
REFERENCES IN TEXT
Section 14 of the Federal Advisory Committee Act,
referred to in subsec. (a), is section 14 of Pub. L. 92–463,
§ 60305
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
which is set out in the Appendix to Title 5, Government
Organization and Employees.
HISTORICAL AND REVISION NOTES
Revised
Section
§ 60305. Data availability
60501 ..........
The Administrator shall ensure that the results of each of the pilot projects completed
under section 60303 of this title shall be retrievable through an electronic, internet-accessible
database.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3424.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
60305 ..........
42 U.S.C. 16675.
Source (Statutes at Large)
Pub. L. 109–155, title III,
§ 315, Dec. 30, 2005, 119
Stat. 2922.
§ 60306. Education
The Administrator shall establish an educational outreach program to increase awareness at institutions of higher education and
State, local, regional, and tribal agencies of the
potential applications of remote sensing and
other geospatial information and awareness of
the need for geospatial workforce development.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3424.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
60306 ..........
42 U.S.C. 16676.
Source (Statutes at Large)
Pub. L. 109–155, title III,
§ 316, Dec. 30, 2005, 119
Stat. 2922.
CHAPTER 605—EARTH SCIENCE
Sec.
60501.
60502.
60503.
60504.
60505.
60506.
Goal.
Transitioning experimental research into
operational services.
Reauthorization of Glory Mission.
Tornadoes and other severe storms.
Coordination with the National Oceanic and
Atmospheric Administration.
Sharing of climate related data.
§ 60501. Goal
The goal for the Administration’s Earth
Science program shall be to pursue a program of
Earth observations, research, and applications
activities to better understand the Earth, how it
supports life, and how human activities affect
its ability to do so in the future. In pursuit of
this goal, the Administration’s Earth Science
program shall ensure that securing practical
benefits for society will be an important measure of its success in addition to securing new
knowledge about the Earth system and climate
change. In further pursuit of this goal, the Administration shall, together with the National
Oceanic and Atmospheric Administration and
other relevant agencies, provide United States
leadership in developing and carrying out a cooperative international Earth observationsbased research program.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.)
Page 108
Source (U.S. Code)
42 U.S.C. 17711.
Source (Statutes at Large)
Pub. L. 110–422, title II, § 201,
Oct. 15, 2008, 122 Stat. 4784.
CARBON CYCLE REMOTE SENSING APPLICATIONS
RESEARCH
Pub. L. 106–391, title III, § 315, Oct. 30, 2000, 114 Stat.
1595, provided that:
‘‘(a) CARBON CYCLE REMOTE SENSING APPLICATIONS
RESEARCH PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator [of the National Aeronautics and Space Administration] shall
develop a carbon cycle remote sensing applications
research program—
‘‘(A) to provide a comprehensive view of vegetation conditions;
‘‘(B) to assess and model agricultural carbon sequestration; and
‘‘(C) to encourage the development of commercial
products, as appropriate.
‘‘(2) USE OF CENTERS.—The Administrator of the National Aeronautics and Space Administration shall
use regional earth science application centers to conduct applications research under this section.
‘‘(3) RESEARCHED AREAS.—The areas that shall be
the subjects of research conducted under this section
include—
‘‘(A) the mapping of carbon-sequestering land use
and land cover;
‘‘(B) the monitoring of changes in land cover and
management;
‘‘(C) new approaches for the remote sensing of soil
carbon; and
‘‘(D) region-scale carbon sequestration estimation.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section
$5,000,000 of funds authorized by section 102 [114 Stat.
1581] for fiscal years 2001 through 2002.’’
EARTH OBSERVING SYSTEM
Pub. L. 102–588, title I, § 102(g), Nov. 4, 1992, 106 Stat.
5111, provided that:
‘‘(1) The Administrator [of the National Aeronautics
and Space Administration] shall carry out an Earth Observing System program that addresses the highest priority international climate change research goals as
defined by the Committee on Earth and Environmental
Sciences and the Intergovernmental Panel on Climate
Change.
‘‘(2)(A) Within 180 days after the date of enactment of
this Act [Nov. 4, 1992], the Administrator shall submit
to Congress a plan which will ensure that the highest
priority measurements are maintained on schedule to
the greatest extent practicable while lower priority
measurements are deferred, deleted, or obtained
through other means.
‘‘(B) Within 90 days after the date of enactment of
this Act, the Core System of the Earth Observing System Data and Information System, the Administrator
shall submit to Congress a Development Plan which—
‘‘(i) identifies the highest risk elements of the development effort and the key advanced technologies
required to significantly increase scientific productivity;
‘‘(ii) provides a plan for the development of one or
more prototype systems for use in reducing the development risk of critical system elements and obtaining feedback for scientific users;
‘‘(iii) provides a plan for research into key advanced technologies;
‘‘(iv) identifies sufficient resources for carrying out
the Development Plan; and
‘‘(v) identifies how the Earth Observing System
Data Information System will connect to and utilize
other federally-supported research networks, including the National Research and Education Network.’’
Page 109
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
§ 60502. Transitioning experimental research into
operational services
(a) INTERAGENCY PROCESS.—The Director of
the Office of Science and Technology Policy, in
consultation with the Administrator, the Administrator of the National Oceanic and Atmospheric Administration, and other relevant
stakeholders, shall develop a process to transition, when appropriate, Administration Earth
science and space weather missions or sensors
into operational status. The process shall include coordination of annual agency budget requests as required to execute the transitions.
(b) RESPONSIBLE AGENCY OFFICIAL.—The Administrator and the Administrator of the National Oceanic and Atmospheric Administration
shall each designate an agency official who shall
have the responsibility for and authority to lead
the Administration’s and the National Oceanic
and Atmospheric Administration’s transition
activities and interagency coordination.
(c) PLAN.—For each mission or sensor that is
determined to be appropriate for transition
under subsection (a), the Administration and
the National Oceanic and Atmospheric Administration shall transmit to Congress a joint plan
for conducting the transition. The plan shall include the strategy, milestones, and budget required to execute the transition. The transition
plan shall be transmitted to Congress no later
than 60 days after the successful completion of
the mission or sensor critical design review.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
60502(a) ......
42 U.S.C. 17712(b).
60502(b) ......
60502(c) ......
42 U.S.C. 17712(c).
42 U.S.C. 17712(d).
Source (Statutes at Large)
Pub. L. 110–422, title II,
§ 204(b), (c), (d), Oct. 15,
2008, 122 Stat. 4785.
§ 60503. Reauthorization of Glory Mission
Congress reauthorizes the Administration to
continue with development of the Glory Mission, which will examine how aerosols and solar
energy affect the Earth’s climate.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.)
HISTORICAL AND REVISION NOTES
Revised
Section
60503 ..........
Source (U.S. Code)
42 U.S.C. 17713(a).
Source (Statutes at Large)
Pub. L. 110–422, title II,
§ 206(a), Oct. 15, 2008, 122
Stat. 4785.
§ 60504. Tornadoes and other severe storms
The Administrator shall ensure that the Administration gives high priority to those parts
of its existing cooperative activities with the
National Oceanic and Atmospheric Administration that are related to the study of tornadoes
and other severe storms, tornado-force winds,
and other factors determined to influence the
development of tornadoes and other severe
storms, with the goal of improving the Nation’s
ability to predict tornados and other severe
storms. Further, the Administrator shall examine whether there are additional cooperative ac-
§ 60505
tivities with the National Oceanic and Atmospheric Administration that should be undertaken in the area of tornado and severe storm
research.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.)
HISTORICAL AND REVISION NOTES
Revised
Section
60504 ..........
Source (U.S. Code)
42 U.S.C. 17714.
Source (Statutes at Large)
Pub. L. 110–422, title II, § 208,
Oct. 15, 2008, 122 Stat. 4786.
§ 60505. Coordination with the National Oceanic
and Atmospheric Administration
(a) JOINT WORKING GROUP.—The Administrator
and the Administrator of the National Oceanic
and Atmospheric Administration shall appoint a
Joint Working Group, which shall review and
monitor missions of the two agencies to ensure
maximum coordination in the design, operation,
and transition of missions where appropriate.
The Joint Working Group shall also prepare the
plans required by subsection (c).
(b) COORDINATION REPORT.—Not later than
February 15 of each year, the Administrator and
the Administrator of the National Oceanic and
Atmospheric Administration shall jointly transmit a report to the Committee on Science and
Technology of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate on how the Earth
science programs of the Administration and the
National Oceanic and Atmospheric Administration will be coordinated during the fiscal year
following the fiscal year in which the report is
transmitted.
(c) COORDINATION OF TRANSITION PLANNING AND
REPORTING.—The Administrator, in conjunction
with the Administrator of the National Oceanic
and Atmospheric Administration and in consultation with other relevant agencies, shall
evaluate relevant Administration science missions for their potential operational capabilities
and shall prepare transition plans for the existing and future Earth observing systems found to
have potential operational capabilities.
(d) LIMITATION.—The Administrator shall not
transfer any Administration Earth science mission or Earth observing system to the National
Oceanic and Atmospheric Administration until
the plan required under subsection (c) has been
approved by the Administrator and the Administrator of the National Oceanic and Atmospheric
Administration and until financial resources
have been identified to support the transition or
transfer in the President’s budget request for
the National Oceanic and Atmospheric Administration.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3426.)
HISTORICAL AND REVISION NOTES
Revised
Section
60505 ..........
Source (U.S. Code)
42 U.S.C. 16656.
Source (Statutes at Large)
Pub. L. 109–155, title III,
§ 306, Dec. 30, 2005, 119
Stat. 2919.
In subsection (b), the words ‘‘beginning with the first
fiscal year after the date of enactment of this Act [December 30, 2005]’’ are omitted as obsolete.
§ 60506
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
In subsection (b), the words ‘‘Committee on Science
and Technology’’ are substituted for ‘‘Committee on
Science’’ on authority of Rule X(1)(o) of the Rules of
the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
§ 60506. Sharing of climate related data
The Administrator shall work to ensure that
the Administration’s policies on the sharing of
climate related data respond to the recommendations of the Government Accountability
Office’s report on climate change research and
data-sharing policies and to the recommendations on the processing, distribution, and archiving of data by the National Academies
Earth Science Decadal Survey, ‘‘Earth Science
and Applications from Space’’, and other relevant National Academies reports, to enhance
and facilitate their availability and widest possible use to ensure public access to accurate and
current data on global warming.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3426.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
60506 ..........
42 U.S.C. 17825(c).
Source (Statutes at Large)
Pub. L. 110–422, title XI,
§ 1109(c), Oct. 15, 2008, 122
Stat. 4811.
Subtitle VII—Access to Space
CHAPTER 701—USE OF SPACE SHUTTLE OR
ALTERNATIVES
Sec.
70101.
70102.
70103.
Recovery of fair value of placing Department
of Defense payloads in orbit with space
shuttle.
Space shuttle use policy.
Commercial payloads on space shuttle.
§ 70101. Recovery of fair value of placing Department of Defense payloads in orbit with space
shuttle
Notwithstanding any other provision of law,
or any interagency agreement, the Administrator shall charge such prices as are necessary
to recover the fair value of placing Department
of Defense payloads into orbit by means of the
space shuttle.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3427.)
HISTORICAL AND REVISION NOTES
Revised
Section
70101 ..........
Source (U.S. Code)
42 U.S.C. 2464.
Page 110
(i) for purposes that require a human
presence;
(ii) for purposes that require the unique
capabilities of the space shuttle; or
(iii) when other compelling circumstances exist.
(B) DEFINITION OF COMPELLING CIRCUMSTANCES.—In this paragraph, the term ‘‘compelling circumstances’’ includes, but is not
limited to, occasions when the Administrator determines, in consultation with the
Secretary of Defense and the Secretary of
State, that important national security or
foreign policy interests would be served by a
shuttle launch.
(2) USING AVAILABLE CARGO SPACE FOR SECONDARY PAYLOADS.—The policy stated in paragraph (1) shall not preclude the use of available cargo space, on a space shuttle mission
otherwise consistent with the policy described
in paragraph (1), for the purpose of carrying
secondary payloads (as defined by the Administrator) that do not require a human presence
if such payloads are consistent with the requirements of research, development, demonstration, scientific, commercial, and educational programs authorized by the Administrator.
(b) ANNUAL REPORT.—At least annually, the
Administrator shall submit to Congress a report
certifying that the payloads scheduled to be
launched on the space shuttle for the next 4
years are consistent with the policy set forth in
subsection (a)(1). For each payload scheduled to
be launched from the space shuttle that does not
require a human presence, the Administrator
shall, in the certified report to Congress, state
the specific circumstances that justified the use
of the space shuttle. If, during the period between scheduled reports to Congress, any additions are made to the list of certified payloads
intended to be launched from the shuttle, the
Administrator shall inform Congress of the additions and the reasons therefor within 45 days of
the change.
(c) ADMINISTRATION PAYLOADS.—The report described in subsection (b) shall also include those
Administration payloads designed solely to fly
on the space shuttle which have begun the phase
C/D of its development cycle.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3427.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70102(a) ......
42 U.S.C. 2465a(a).
70102(b) ......
70102(c) ......
42 U.S.C. 2465a(c).
42 U.S.C. 2465a(d).
Source (Statutes at Large)
Pub. L. 101–611, title I,
§ 112(a), (c), (d), Nov. 16,
1990, 104 Stat. 3198, 3199.
Source (Statutes at Large)
Pub. L. 97–324, title I,
§ 106(a), Oct. 15, 1982, 96
Stat. 1600.
§ 70102. Space shuttle use policy
(a) USE POLICY.—
(1) IN GENERAL.—
(A) POLICY.—It shall be the policy of the
United States to use the space shuttle—
§ 70103. Commercial payloads on space shuttle
(a) DEFINITIONS.—In this section:
(1) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any vehicle constructed for the
purpose of operating in, or placing a payload
in, outer space.
(2) PAYLOAD.—The term ‘‘payload’’ means an
object which a person undertakes to place in
outer space by means of a launch vehicle, and
Page 111
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
includes subcomponents of the launch vehicle
specifically designed or adapted for that object.
(b) IN GENERAL.—Commercial payloads may
not be accepted for launch as primary payloads
on the space shuttle unless the Administrator
determines that—
(1) the payload requires the unique capabilities of the space shuttle; or
(2) launching of the payload on the space
shuttle is important for either national security or foreign policy purposes.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3428.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70103(a) ......
42 U.S.C. 2465c.
70103(b) ......
42 U.S.C. 2465f.
Source (Statutes at Large)
Pub. L. 101–611, title II, § 203,
Nov. 16, 1990, 104 Stat.
3206; Pub. L. 105–303, title
II, § 203(2), Oct. 28, 1998, 112
Stat. 2855.
Pub. L. 101–611, title II, § 206,
Nov. 16, 1990, 104 Stat.
3207; Pub. L. 105–303, title
II, § 203(4), Oct. 28, 1998, 112
Stat. 2855.
In subsection (a), the words ‘‘this section’’ are substituted for ‘‘this title’’, meaning title II of Public Law
101–611, because title II of Public Law 101–611 was previously repealed except for section 201 (a short title
provision, classified to 42 U.S.C. 2451 note, in which neither defined term appears) and sections 203 (42 U.S.C.
2465c) and 206 (42 U.S.C. 2465f) of Public Law 101–611,
which are restated in this section.
CHAPTER 703—SHUTTLE PRICING POLICY
FOR COMMERCIAL AND FOREIGN USERS
70301.
70302.
70303.
70304.
(7) national goals and the objectives for the
Space Transportation System can be furthered
by a stable and fair pricing policy for the
Space Transportation System.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3428.)
HISTORICAL AND REVISION NOTES
Revised
Section
70301 ..........
Congressional findings and declarations.
Purpose, policy, and goals.
Definition of additive cost.
Duties of Administrator.
§ 70301. Congressional findings and declarations
Congress finds and declares that—
(1) the Space Transportation System is a
vital element of the United States space program, contributing to the United States leadership in space research, technology, and development;
(2) the Space Transportation System is the
primary space launch system for both United
States national security and civil government
missions;
(3) the Space Transportation System contributes to the expansion of United States private sector investment and involvement in
space and therefore should serve commercial
users;
(4) the availability of the Space Transportation System to foreign users for peaceful
purposes is an important means of promoting
international cooperative activities in the national interest and in maintaining access to
space for activities which enhance the security and welfare of humankind;
(5) the United States is committed to maintaining world leadership in space transportation;
(6) making the Space Transportation System
fully operational and cost effective in providing routine access to space will maximize the
national economic benefits of the system; and
Source (U.S. Code)
42 U.S.C. 2466.
Source (Statutes at Large)
Pub. L. 99–170, title II, § 201,
Dec. 5, 1985, 99 Stat. 1017.
§ 70302. Purpose, policy, and goals
The purpose of this chapter is to set, for commercial and foreign users, the reimbursement
pricing policy for the Space Transportation System that is consistent with the findings included in section 70301 of this title, encourages
the full and effective use of space, and is designed to achieve the following goals:
(1) The preservation of the role of the United
States as a leader in space research, technology, and development.
(2) The efficient and cost effective use of the
Space Transportation System.
(3) The achievement of greatly increased
commercial space activity.
(4) The enhancement of the international
competitive position of the United States.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3429.)
HISTORICAL AND REVISION NOTES
Revised
Section
70302 ..........
Sec.
§ 70304
Source (U.S. Code)
42 U.S.C. 2466a.
Source (Statutes at Large)
Pub. L. 99–170, title II, § 202,
Dec. 5, 1985, 99 Stat. 1017.
§ 70303. Definition of additive cost
In this chapter, the term ‘‘additive cost’’
means the average direct and indirect costs to
the Administration of providing additional
flights of the Space Transportation System beyond the costs associated with those flights necessary to meet the space transportation needs of
the United States Government.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3429.)
HISTORICAL AND REVISION NOTES
Revised
Section
70303 ..........
Source (U.S. Code)
42 U.S.C. 2466b.
Source (Statutes at Large)
Pub. L. 99–170, title II, § 203,
Dec. 5, 1985, 99 Stat. 1017.
The definition of ‘‘Administrator’’ in section 203(1) of
the National Aeronautics and Space Administration
Authorization Act of 1986 (Public Law 99–170, 99 Stat.
1017) is omitted as unnecessary because of the definition added by section 10101 of title 51.
§ 70304. Duties of Administrator
(a) ESTABLISHMENT AND IMPLEMENTATION OF
REIMBURSEMENT RECOVERY SYSTEM.—The Administrator shall establish and implement a
pricing system to recover reimbursement in accordance with the pricing policy under section
70302 of this title from each commercial or foreign user of the Space Transportation System,
which, except as provided in subsections (c), (d),
and (e), shall include a base price of not less
§ 70501
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
than $74,000,000 for each flight of the Space
Transportation System in 1982 dollars.
(b) REPORTS TO CONGRESS.—Each year the Administrator shall submit to the President of the
Senate, the Speaker of the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Science and Technology of the House
of Representatives a report, transmitted contemporaneously with the annual budget request
of the President, which shall inform Congress
how the policy goals contained in section 70302
of this title are being furthered by the shuttle
price for foreign and commercial users.
(c) REDUCTION OF BASE PRICE.—
(1) AUTHORITY TO REDUCE.—If at any time the
Administrator finds that the policy goals contained in section 70302 of this title are not
being achieved, the Administrator shall have
authority to reduce the base price established
in subsection (a) after 45 days following receipt by the President of the Senate, the
Speaker of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the Senate, and the Committee on
Science and Technology of the House of Representatives of a notice by the Administrator
containing a description of the proposed reduction together with a full and complete
statement of the facts and circumstances
which necessitate such proposed reduction.
(2) MINIMUM PRICE.—In no case shall the minimum price established under paragraph (1) be
less than additive cost.
(d) LOW OR NO-COST FLIGHTS.—The Administrator may set a price lower than the price determined under subsection (a) or (c), or provide
no-cost flights, for any commercial or foreign
user of the Space Transportation System that is
involved in research, development, or demonstration programs with the Administration.
(e) CUSTOMER INCENTIVES.—Notwithstanding
the provisions of subsection (a), the Administrator shall have the authority to offer reasonable customer incentives consistent with the
policy goals in section 70302 of this title.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3429.)
HISTORICAL AND REVISION NOTES
Revised
Section
70304 ..........
Source (U.S. Code)
42 U.S.C. 2466c.
Source (Statutes at Large)
Pub. L. 99–170, title II, § 204,
Dec. 5, 1985, 99 Stat. 1017;
Pub. L. 103–437, § 15(c)(5),
Nov. 2, 1994, 108 Stat. 4592.
In subsections (b) and (c)(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.
Page 112
SECONDARY PAYLOAD CAPABILITY
Pub. L. 109–155, title VI, § 602, Dec. 30, 2005, 119 Stat.
2931, provided that:
‘‘(a) IN GENERAL.—In order to provide more routine
and affordable access to space for a broad range of scientific payloads, the Administrator is encouraged to
provide the capabilities to support secondary payload
flight opportunities on United States launch vehicles,
or free flyers, for satellites or scientific payloads
weighing less than 500 kilograms.
‘‘(b) FEASIBILITY STUDY.—The Administrator shall
initiate a feasibility study for designating a National
Free Flyer Launch Coordination Center as a means of
coordinating, consolidating, and integrating secondary
launch capabilities, launch opportunities, and payloads.
‘‘(c) ASSESSMENT.—The feasibility study required by
subsection (b) shall include an assessment of the feasibility of integrating a National Free Flyer Launch
Coordination Center within the operations and facilities of an existing nonprofit organization such as the
Inland Northwest Space Alliance in Missoula, Montana,
or a similar entity, and shall include an assessment of
the potential utilization of existing launch and launch
support facilities and capabilities, including but not
limited to those in the States of Montana and New
Mexico and their respective contiguous States, and the
State of Alaska, for the integration and launch of secondary payloads, including an assessment of the feasibility of establishing cooperative agreements among
such facilities, existing or future commercial launch
providers, payload developers, and the designated Coordination Center.’’
CHAPTER 705—EXPLORATION INITIATIVES
Sec.
70501.
70502.
70503.
70504.
70505.
70506.
70507.
70508.
Space shuttle follow-on.
Exploration plan and programs.
Ground-based analog capabilities.
Stepping stone approach to exploration.
Lunar outpost.
Exploration technology research.
Technology development.
Robotic or human servicing of spacecraft.
§ 70501. Space shuttle follow-on
(a) POLICY STATEMENT.—It is the policy of the
United States to possess the capability for
human access to space on a continuous basis.
(b) ANNUAL REPORT.—The Administrator shall
transmit an annual 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 progress being made toward developing the Crew Exploration Vehicle and the
Crew Launch Vehicle and the estimated time before they will demonstrate crewed, orbital
spaceflight.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3430.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70501(a) ......
42 U.S.C. 16761(a).
70501(b) ......
42 U.S.C. 16761(b).
Source (Statutes at Large)
Pub. L. 109–155, title V,
§ 501(a), (b), Dec. 30, 2005,
119 Stat. 2927.
In subsection (b), the words ‘‘The Administrator shall
transmit an annual report’’ are substituted for ‘‘Not
later than 180 days after the date of enactment of this
Act [December 30, 2005] and annually thereafter, the
Administrator shall transmit a report’’ to eliminate
obsolete language.
In subsection (b), the words ‘‘Committee on Science
and Technology’’ are substituted for ‘‘Committee on
Page 113
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
Science’’ on authority of Rule X(1)(o) of the Rules of
the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
TRANSITION
Pub. L. 110–422, title VI, § 613, Oct. 15, 2008, 122 Stat.
4799, provided that:
‘‘(a) DISPOSITION OF SHUTTLE-RELATED ASSETS.—
‘‘(1) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act [Oct. 15, 2008], the Administrator [of NASA] shall submit to Congress a
plan describing the process for the disposition of the
remaining Space Shuttle Orbiters and other Space
Shuttle program-related hardware after the retirement of the Space Shuttle fleet.
‘‘(2) PLAN REQUIREMENTS.—The plan submitted
under paragraph (1) shall include a description of a
process by which educational institutions, science
museums, and other appropriate organizations may
acquire, through loan or disposal by the Federal Government, Space Shuttle program hardware.
‘‘(3) PROHIBITION ON DISPOSITION BEFORE COMPLETION
OF PLAN.—The Administrator shall not dispose of any
Space Shuttle program hardware before the plan required by paragraph (1) is submitted to Congress.
‘‘(b) SPACE SHUTTLE TRANSITION LIAISON OFFICE.—
‘‘(1) ESTABLISHMENT.—The Administrator shall develop a plan and establish a Space Shuttle Transition
Liaison Office within the Office of Human Capital
Management of NASA [National Aeronautics and
Space Administration] to assist local communities
affected by the termination of the Space Shuttle program in mitigating the negative impacts on such
communities caused by such termination. The plan
shall define the size of the affected local community
that would receive assistance described in paragraph
(2).
‘‘(2) MANNER OF ASSISTANCE.—In providing assistance under paragraph (1), the office established under
such paragraph shall—
‘‘(A) offer nonfinancial, technical assistance to
communities described in such paragraph to assist
in the mitigation described in such paragraph; and
‘‘(B) serve as a clearinghouse to assist such communities in identifying services available from
other Federal, State, and local agencies to assist in
such mitigation.
‘‘(3) TERMINATION OF OFFICE.—The office established
under paragraph (1) shall terminate 2 years after the
completion of the last Space Shuttle flight.
‘‘(4) SUBMISSION.—Not later than 180 days after the
date of enactment of this Act [Oct. 15, 2008], NASA
shall provide a copy of the plan required by paragraph (1) to the Congress.’’
Pub. L. 110–161, div. B, title III, Dec. 26, 2007, 121 Stat.
1919, provided that: ‘‘The Administrator of the National
Aeronautics and Space Administration shall prepare a
strategy for minimizing job losses when the National
Aeronautics and Space Administration transitions
from the Space Shuttle to a successor human-rated
space transport vehicle. This strategy shall include: (1)
specific initiatives that the National Aeronautics and
Space Administration has undertaken, or plans to undertake, to maximize the utilization of existing civil
service and contractor workforces at each of the affected Centers; (2) efforts to equitably distribute tasks
and workload between the Centers to mitigate the
brunt of job losses being borne by only certain Centers;
(3) new workload, tasks, initiatives, and missions being
secured for the affected Centers; and (4) overall projections of future civil service and contractor workforce
levels at the affected Centers. The Administrator shall
§ 70502
transmit this strategy to Congress not later than 90
days after the date of enactment of this Act [Dec. 26,
2007]. The Administrator shall update and transmit to
Congress this strategy not less than every six months
thereafter until the successor human-rated space transport vehicle is fully operational.’’
Pub. L. 109–155, title V, § 502, Dec. 30, 2005, 119 Stat.
2928, provided that:
‘‘(a) IN GENERAL.—The Administrator [of the National Aeronautics and Space Administration] shall, to
the fullest extent possible consistent with a successful
development program, use the personnel, capabilities,
assets, and infrastructure of the Space Shuttle program
in developing the Crew Exploration Vehicle, Crew
Launch Vehicle, and a heavy-lift launch vehicle.
‘‘(b) PLAN.—Not later than 180 days after the date of
enactment of this Act [Dec. 30, 2005], the Administrator
shall transmit to the Committee on Science [now Committee on Science, Space, and Technology] of the
House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a
plan describing how NASA [National Aeronautics and
Space Administration] will proceed with its human
space flight programs, which, at a minimum, shall describe—
‘‘(1) how NASA will deploy personnel from, and use
the facilities of, the Space Shuttle program to ensure
that the Space Shuttle operates as safely as possible
through its final flight and to ensure that personnel
and facilities from the Space Shuttle program are
used in NASA’s exploration programs in accordance
with subsection (a);
‘‘(2) the planned number of flights the Space Shuttle will make before its retirement;
‘‘(3) the means, other than the Space Shuttle and
the Crew Exploration Vehicle, including commercial
vehicles, that may be used to ferry crew and cargo to
and from the ISS [International Space Station];
‘‘(4) the intended purpose of lunar missions and the
architecture for those missions; and
‘‘(5) the extent to which the Crew Exploration Vehicle will allow for the escape of the crew in an emergency.
‘‘(c) PERSONNEL.—The Administrator shall consult
with other appropriate Federal agencies and with
NASA contractors and employees to develop a transition plan for any Federal and contractor personnel engaged in the Space Shuttle program who can no longer
be retained because of the retirement of the Space
Shuttle. The plan shall include actions to assist Federal and contractor personnel in taking advantage of
training, retraining, job placement and relocation programs, and any other actions that NASA will take to
assist the employees. The plan shall also describe how
the Administrator will ensure that NASA and its contractors will have an appropriate complement of employees to allow for the safest possible use of the Space
Shuttle through its final flight. The Administrator
shall transmit the plan to the Committee on Science
[now Committee on Science, Space, and Technology] of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
not later than March 31, 2006.’’
§ 70502. Exploration plan and programs
The Administrator shall—
(1) construct an architecture and implementation plan for the Administration’s human
exploration program that is not critically dependent on the achievement of milestones by
fixed dates;
(2) implement an exploration technology development program to enable lunar human
and robotic operations consistent with section
20302(b) of this title, including surface power
to use on the Moon and other locations;
(3) conduct an in-situ resource utilization
technology program to develop the capability
§ 70503
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
to use space resources to increase independence from Earth, and sustain exploration beyond low-Earth orbit; and
(4) pursue aggressively automated rendezvous and docking capabilities that can support the International Space Station and
other mission requirements.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3430.)
HISTORICAL AND REVISION NOTES
Revised
Section
70502 ..........
Source (U.S. Code)
42 U.S.C. 16763.
Source (Statutes at Large)
Pub. L. 109–155, title V, § 503,
Dec. 30, 2005, 119 Stat.
2929.
§ 70503. Ground-based analog capabilities
(a) IN GENERAL.—The Administrator may establish a ground-based analog capability in remote United States locations in order to assist
in the development of lunar operations, life support, and in-situ resource utilization experience
and capabilities.
(b) ENVIRONMENTAL CHARACTERISTICS.—The
Administrator shall select locations for the activities described in subsection (a) that—
(1) are regularly accessible;
(2) have significant temperature extremes
and range; and
(3) have access to energy and natural resources (including geothermal, permafrost,
volcanic, or other potential resources).
(c) INVOLVEMENT OF LOCAL POPULATIONS AND
PRIVATE SECTOR PARTNERS.—In carrying out
this section, the Administrator shall involve
local populations, academia, and industrial partners as much as possible to ensure that groundbased benefits and applications are encouraged
and developed.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3430.)
HISTORICAL AND REVISION NOTES
Revised
Section
70503 ..........
Source (U.S. Code)
42 U.S.C. 16764.
Source (Statutes at Large)
Pub. L. 109–155, title V, § 504,
Dec. 30, 2005, 119 Stat.
2929.
§ 70504. Stepping stone approach to exploration
In order to maximize the cost-effectiveness of
the long-term exploration and utilization activities of the United States, the Administrator
shall take all necessary steps, including engaging international partners, to ensure that activities in its lunar exploration program shall be
designed and implemented in a manner that
gives strong consideration to how those activities might also help meet the requirements of
future exploration and utilization activities beyond the Moon. The timetable of the lunar
phase of the long-term international exploration
initiative shall be determined by the availability of funding. However, once an exploration-related project enters its development phase, the
Administrator shall seek, to the maximum extent practicable, to complete that project without undue delays.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3431.)
Page 114
HISTORICAL AND REVISION NOTES
Revised
Section
70504 ..........
Source (U.S. Code)
42 U.S.C. 17731.
Source (Statutes at Large)
Pub. L. 110–422, title IV,
§ 403, Oct. 15, 2008, 122
Stat. 4789.
§ 70505. Lunar outpost
(a) ESTABLISHMENT.—As the Administration
works toward the establishment of a lunar outpost, the Administration shall make no plans
that would require a lunar outpost to be occupied to maintain its viability. Any such outpost
shall be operable as a human-tended facility capable of remote or autonomous operation for extended periods.
(b) DESIGNATION.—The United States portion
of the first human-tended outpost established on
the surface of the Moon shall be designated the
‘‘Neil A. Armstrong Lunar Outpost’’.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3431.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70505(a) ......
42 U.S.C. 17732(a).
70505(b) ......
42 U.S.C. 17732(b).
Source (Statutes at Large)
Pub. L. 110–422, title IV,
§ 404(a), (b), Oct. 15, 2008,
122 Stat. 4789.
§ 70506. Exploration technology research
The Administrator shall carry out a program
of long-term exploration-related technology research and development, including such things
as in-space propulsion, power systems, life support, and advanced avionics, that is not tied to
specific flight projects. The program shall have
the funding goal of ensuring that the technology
research and development can be completed in a
timely manner in order to support the safe, successful, and sustainable exploration of the solar
system. In addition, in order to ensure that the
broadest range of innovative concepts and technologies are captured, the long-term technology
program shall have the goal of having a significant portion of its funding available for external
grants and contracts with universities, research
institutions, and industry.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3431.)
HISTORICAL AND REVISION NOTES
Revised
Section
70506 ..........
Source (U.S. Code)
42 U.S.C. 17733(b).
Source (Statutes at Large)
Pub. L. 110–422, title IV,
§ 405(b), Oct. 15, 2008, 122
Stat. 4789.
PURPOSE
Pub. L. 110–422, title IV, § 405(a), Oct. 15, 2008, 122 Stat.
4789, provided that: ‘‘A robust program of long-term exploration-related technology research and development
will be essential for the success and sustainability of
any enduring initiative of human and robotic exploration of the solar system.’’
INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE FLIGHT
Pub. L. 106–391, title III, § 313, Oct. 30, 2000, 114 Stat.
1594, provided that:
‘‘(a) ESTABLISHMENT OF PROGRAM.—In order to promote a ‘faster, cheaper, better’ approach to the human
exploration and development of space, the Adminis-
Page 115
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
trator [of the National Aeronautics and Space Administration] shall establish a Human Space Flight Innovative Technologies program of ground-based and spacebased research and development in innovative technologies. The program shall be part of the Technology
and Commercialization program.
‘‘(b) AWARDS.—At least 75 percent of the amount appropriated for Technology and Commercialization
under section 101(b)(4) [114 Stat. 1581] for any fiscal
year shall be awarded through broadly distributed announcements of opportunity that solicit proposals from
educational institutions, industry, nonprofit institutions, National Aeronautics and Space Administration
Centers, the Jet Propulsion Laboratory, other Federal
agencies, and other interested organizations, and that
allow partnerships among any combination of those entities, with evaluation, prioritization, and recommendations made by external peer review panels.
‘‘(c) PLAN.—The Administrator shall provide to the
Committee on Science [now Committee on Science,
Space, and Technology] of the House of Representatives
and to the Committee on Commerce, Science, and
Transportation of the Senate, not later than December
1, 2000, a plan to implement the program established
under subsection (a).’’
§ 70703
Sec.
70707.
70708.
70709.
70710.
Staff of Commission.
Compensation and travel expenses.
Security clearances for Commission members
and staff.
Reporting requirements and termination.
§ 70701. Definitions
In this chapter:
(1) COMMISSION.—The term ‘‘Commission’’
means a Commission established under this
chapter.
(2) INCIDENT.—The term ‘‘incident’’ means
either an accident or a deliberate act.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3432.)
HISTORICAL AND REVISION NOTES
Revised
Section
70701 ..........
Source (U.S. Code)
42 U.S.C. 16841.
Source (Statutes at Large)
Pub. L. 109–155, title VIII,
§ 821, Dec. 30, 2005, 119
Stat. 2941.
§ 70507. Technology development
§ 70702. Establishment of Commission
The Administrator shall establish an intra-Directorate long-term technology development
program for space and Earth science within the
Science Mission Directorate for the development of new technology. The program shall be
independent of the flight projects under development. The Administration shall have a goal of
funding the intra-Directorate technology development program at a level of 5 percent of the
total Science Mission Directorate annual budget. The program shall be structured to include
competitively awarded grants and contracts.
(a) ESTABLISHMENT.—The President shall establish an independent, nonpartisan Commission
within the executive branch to investigate any
incident that results in the loss of—
(1) a space shuttle;
(2) the International Space Station or its
operational viability;
(3) any other United States space vehicle
carrying humans that is owned by the Federal
Government or that is being used pursuant to
a contract with the Federal Government; or
(4) a crew member or passenger of any space
vehicle described in this subsection.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3431.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70507 ..........
42 U.S.C. 17741.
Source (Statutes at Large)
Pub. L. 110–422, title V, § 501,
Oct. 15, 2008, 122 Stat. 4791.
§ 70508. Robotic or human servicing of spacecraft
The Administrator shall take all necessary
steps to ensure that provision is made in the design and construction of all future observatoryclass scientific spacecraft intended to be deployed in Earth orbit or at a Lagrangian point
in space for robotic or human servicing and repair to the extent practicable and appropriate.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3432.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70508 ..........
42 U.S.C. 17742.
Source (Statutes at Large)
Pub. L. 110–422, title V, § 502,
Oct. 15, 2008, 122 Stat. 4791.
CHAPTER 707—HUMAN SPACE FLIGHT
INDEPENDENT INVESTIGATION COMMISSION
Sec.
70701.
70702.
70703.
70704.
70705.
70706.
Definitions.
Establishment of Commission.
Tasks of Commission.
Composition of Commission.
Powers of Commission.
Public meetings, information, and hearings.
(b) DEADLINE FOR ESTABLISHMENT.—The President shall establish a Commission within 7 days
after an incident specified in subsection (a).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3432.)
HISTORICAL AND REVISION NOTES
Revised
Section
70702 ..........
Source (U.S. Code)
42 U.S.C. 16842.
Source (Statutes at Large)
Pub. L. 109–155, title VIII,
§ 822, Dec. 30, 2005, 119
Stat. 2941.
§ 70703. Tasks of Commission
A Commission established pursuant to this
chapter shall, to the extent possible, undertake
the following tasks:
(1) INVESTIGATION.—Investigate the incident.
(2) CAUSE.—Determine the cause of the incident.
(3) CONTRIBUTING FACTORS.—Identify all contributing factors to the cause of the incident.
(4) RECOMMENDATIONS.—Make recommendations for corrective actions.
(5) ADDITIONAL FINDINGS OR RECOMMENDATIONS.—Provide any additional findings or recommendations deemed by the Commission to
be important, whether or not they are related
to the specific incident under investigation.
(6) REPORT.—Prepare a report to Congress,
the President, and the public.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3432.)
§ 70704
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
HISTORICAL AND REVISION NOTES
Revised
Section
70703 ..........
Source (U.S. Code)
42 U.S.C. 16843.
Source (Statutes at Large)
Pub. L. 109–155, title VIII,
§ 823, Dec. 30, 2005, 119
Stat. 2941.
§ 70704. Composition of Commission
(a) NUMBER OF COMMISSIONERS.—A Commission
established pursuant to this chapter shall consist of 15 members.
(b) SELECTION.—The members of a Commission
shall be chosen in the following manner:
(1) APPOINTMENT BY PRESIDENT.—The President shall appoint the members, and shall designate the Chairman and Vice Chairman of the
Commission from among its members.
(2) LISTS PROVIDED BY LEADERS OF CONGRESS.—The majority leader of the Senate, the
minority leader of the Senate, the Speaker of
the House of Representatives, and the minority leader of the House of Representatives
shall each provide to the President a list of
candidates for membership on the Commission. The President may select one of the candidates from each of the 4 lists for membership
on the Commission.
(3) PROHIBITION REGARDING FEDERAL OFFICERS
AND EMPLOYEES AND MEMBERS OF CONGRESS.—
No officer or employee of the Federal Government or Member of Congress shall serve as a
member of the Commission.
(4) PROHIBITION REGARDING CONTRACTORS.—
No member of the Commission shall have, or
have pending, a contractual relationship with
the Administration.
(5) PROHIBITION REGARDING CONFLICT OF INTEREST.—The President shall not appoint any
individual as a member of a Commission under
this section who has a current or former relationship with the Administrator that the
President determines would constitute a conflict of interest.
(6) EXPERIENCE.—To the extent practicable,
the President shall ensure that the members
of the Commission include some individuals
with experience relative to human carrying
spacecraft, as well as some individuals with
investigative experience and some individuals
with legal experience.
(7) DIVERSITY.—To the extent practicable,
the President shall seek diversity in the membership of the Commission.
(c) DEADLINE FOR APPOINTMENT.—All members
of a Commission established under this chapter
shall be appointed no later than 30 days after
the incident.
(d) INITIAL MEETING.—A Commission shall
meet and begin operations as soon as practicable.
(e) SUBSEQUENT MEETINGS.—After its initial
meeting, a Commission shall meet upon the call
of the Chairman or a majority of its members.
(f) QUORUM.—Eight members of a Commission
shall constitute a quorum.
(g) VACANCIES.—Any vacancy in a Commission
shall not affect its powers, but shall be filled in
the same manner in which the original appointment was made.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3433.)
Page 116
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70704(a) ......
42 U.S.C. 16844(a).
70704(b)
70704(c)
70704(d)
70704(e)
42 U.S.C. 16844(b).
42 U.S.C. 16844(c).
42 U.S.C. 16844(d).
42 U.S.C. 16844(e)
(1st sentence).
42 U.S.C. 16844(e) (2d
sentence).
42 U.S.C. 16844(e)
(last sentence).
......
......
......
......
70704(f) .......
70704(g) ......
Source (Statutes at Large)
Pub. L. 109–155, title VIII,
§ 824, Dec. 30, 2005, 119
Stat. 2942.
§ 70705. Powers of Commission
(a) HEARINGS AND EVIDENCE.—A Commission
or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this chapter—
(1) hold such hearings and sit and act at such
times and places, take such testimony, receive
such evidence, administer such oaths; and
(2) require, by subpoena or otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence, memoranda, papers, and documents,
as the Commission or such designated subcommittee or member may determine advisable.
(b) CONTRACTING.—A Commission may, to such
extent and in such amounts as are provided in
appropriation Acts, enter into contracts to enable the Commission to discharge its duties
under this chapter.
(c) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN GENERAL.—A Commission may secure
directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of
the Government, information, suggestions, estimates, and statistics for the purposes of this
chapter. Each department, bureau, agency,
board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made
by the Chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission.
(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—Information shall only be received, handled, stored, and disseminated by
members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders.
(d) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) GENERAL SERVICES ADMINISTRATION.—The
Administrator of General Services shall provide to a Commission on a reimbursable basis
administrative support and other services for
the performance of the Commission’s tasks.
(2) OTHER DEPARTMENTS AND AGENCIES.—In
addition to the assistance prescribed in paragraph (1), departments and agencies of the
United States may provide to the Commission
such services, funds, facilities, staff, and other
support services as they may determine advisable and as may be authorized by law.
(3) ADMINISTRATION ENGINEERING AND SAFETY
CENTER.—The Administration Engineering and
Page 117
Safety Center shall provide data and technical
support as requested by the Commission.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3433.)
HISTORICAL AND REVISION NOTES
Revised
Section
70705 ..........
§ 70710
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
Source (U.S. Code)
42 U.S.C. 16845.
Source (Statutes at Large)
Pub. L. 109–155, title VIII,
§ 825, Dec. 30, 2005, 119
Stat. 2942.
§ 70706. Public meetings, information, and hearings
(a) PUBLIC MEETINGS AND RELEASE OF PUBLIC
VERSIONS OF REPORTS.—A Commission shall—
(1) hold public hearings and meetings to the
extent appropriate; and
(2) release public versions of the reports required under this chapter.
(b) PUBLIC HEARINGS.—Any public hearings of
a Commission shall be conducted in a manner
consistent with the protection of information
provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3434.)
In subsection (c), in the 1st sentence, the words ‘‘the
daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule
under section 5315 of title 5’’ are substituted for ‘‘the
daily rate paid a person occupying a position at level
IV of the Executive Schedule under section 5315 of title
5’’ for consistency in title 51.
In subsection (c), in the last sentence, the words ‘‘the
expert or consultant’’ are substituted for ‘‘it’’ for clarity.
§ 70708. Compensation and travel expenses
(a) COMPENSATION.—Each member of a Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of
basic pay in effect for positions at level IV of
the Executive Schedule under section 5315 of
title 5 for each day during which that member is
engaged in the actual performance of the duties
of the Commission.
(b) TRAVEL EXPENSES.—While away from their
homes or regular places of business in the performance of services for the Commission, members of a Commission shall be allowed travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3435.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Section
70706 ..........
Source (U.S. Code)
42 U.S.C. 16846.
Source (Statutes at Large)
Pub. L. 109–155, title VIII,
§ 826, Dec. 30, 2005, 119
Stat. 2943.
§ 70707. Staff of Commission
(a) APPOINTMENT AND COMPENSATION.—The
Chairman, in consultation with the Vice Chairman, in accordance with rules agreed upon by a
Commission, may appoint and fix the compensation of a staff director and such other personnel
as may be necessary to enable the Commission
to carry out its functions.
(b) DETAILEES.—Any Federal Government employee, except for an employee of the Administration, may be detailed to a Commission without reimbursement from the Commission, and
such detailee shall retain the rights, status, and
privileges of his or her regular employment
without interruption.
(c) CONSULTANT SERVICES.—A Commission
may procure the services of experts and consultants in accordance with section 3109 of title 5,
but at rates not to exceed the daily equivalent
of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule
under section 5315 of title 5. An expert or consultant whose services are procured under this
subsection shall disclose any contract or association the expert or consultant has with the
Administration or any Administration contractor.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3435.)
HISTORICAL AND REVISION NOTES
Revised
Section
70707 ..........
Source (U.S. Code)
42 U.S.C. 16847.
Source (Statutes at Large)
Pub. L. 109–155, title VIII,
§ 827, Dec. 30, 2005, 119
Stat. 2943.
Revised
Section
70708 ..........
Source (U.S. Code)
42 U.S.C. 16848.
Source (Statutes at Large)
Pub. L. 109–155, title VIII,
§ 828, Dec. 30, 2005, 119
Stat. 2944.
In subsection (a), the words ‘‘at a rate not to exceed
the daily equivalent of the annual rate’’ for ‘‘at not to
exceed the daily equivalent of the annual rate’’ for consistency in title 51.
In subsection (b), the words ‘‘section 5703 of title 5’’
are substituted for ‘‘section 5703(b) of title 5’’ to correct
an error in the law. Section 5703 of title 5, United
States Code, does not contain a subsection (b).
§ 70709. Security clearances
members and staff
for
Commission
The appropriate Federal agencies or departments shall cooperate with a Commission in expeditiously providing to the Commission members and staff appropriate security clearances to
the extent possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information
under this chapter without the appropriate security clearances.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3435.)
HISTORICAL AND REVISION NOTES
Revised
Section
70709 ..........
Source (U.S. Code)
42 U.S.C. 16849.
Source (Statutes at Large)
Pub. L. 109–155, title VIII,
§ 829, Dec. 30, 2005, 119
Stat. 2944.
§ 70710. Reporting requirements and termination
(a) INTERIM REPORTS.—A Commission may
submit to the President and Congress interim
reports containing such findings, conclusions,
and recommendations for corrective actions as
have been agreed to by a majority of Commission members.
§ 70901
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(b) FINAL REPORT.—A Commission shall submit to the President and Congress, and make
concurrently available to the public, a final report containing such findings, conclusions, and
recommendations for corrective actions as have
been agreed to by a majority of Commission
members. Such report shall include any minority views or opinions not reflected in the majority report.
(c) TERMINATION.—
(1) IN GENERAL.—A Commission, and all the
authorities of this chapter with respect to
that Commission, shall terminate 60 days
after the date on which the final report is submitted under subsection (b).
(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—A Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its reports and disseminating
the final report.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70710 ..........
42 U.S.C. 16850.
Source (Statutes at Large)
Pub. L. 109–155, title VIII,
§ 830, Dec. 30, 2005, 119
Stat. 2944.
CHAPTER 709—INTERNATIONAL SPACE
STATION
Sec.
70901.
70902.
70903.
70904.
70905.
70906.
70907.
Peaceful uses of space station.
Allocation of International Space Station research budget.
International Space Station research.
International Space Station completion.
National laboratory designation.
International Space Station National Laboratory Advisory Committee.
Maintaining use through at least 2020.
§ 70901. Peaceful uses of space station
No civil space station authorized under section 103(a)(1) of the National Aeronautics and
Space Administration Authorization Act, Fiscal
Year 1991 (Public Law 101–611, 104 Stat. 3190)
may be used to carry or place in orbit any nuclear weapon or any other weapon of mass destruction, to install any such weapon on any celestial body, or to station any such weapon in
space in any other manner. This civil space station may be used only for peaceful purposes.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.)
HISTORICAL AND REVISION NOTES
Revised
Section
70901 ..........
Source (U.S. Code)
(not previously
classified)
Source (Statutes at Large)
Pub. L. 101–611, title I, § 123,
Nov. 16, 1990, 104 Stat.
3204.
The words ‘‘the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 (Public Law 101–611, 104 Stat. 3190)’’ are substituted for ‘‘this
Act’’ to clarify the reference.
REFERENCES IN TEXT
Section 103(a)(1) of the National Aeronautics and
Space Administration Authorization Act, Fiscal Year
Page 118
1991 (Public Law 101–611, 104 Stat. 3190), referred to in
text, is not classified to the Code.
INTERNATIONAL SPACE STATION
Pub. L. 110–69, title II, § 2006, Aug. 9, 2007, 121 Stat.
584, provided that:
‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress
that the International Space Station National Laboratory offers unique opportunities for educational activities and provides a unique resource for research and development in science, technology, and engineering,
which can enhance the global competitiveness of the
United States.
‘‘(b) DEVELOPMENT OF EDUCATIONAL PROJECTS.—The
Administrator of the National Aeronautics and Space
Administration shall develop a detailed plan for implementation of 1 or more education projects that utilize
the resources offered by the International Space Station. In developing any detailed plan according to this
paragraph, the Administrator shall make use of the
findings and recommendations of the International
Space Station National Laboratory Education Concept
Development Task Force.
‘‘(c) DEVELOPMENT OF RESEARCH PLANS FOR COMPETITIVENESS ENHANCEMENT.—The Administrator shall develop a detailed plan for identification and support of
research to be conducted aboard the International
Space Station, which offers the potential for enhancement of United States competitiveness in science, technology, and engineering. In developing any detailed
plan pursuant to this subsection, the Administrator
shall consult with agencies and entities with which cooperative agreements have been reached regarding utilization of International Space Station National Laboratory facilities.’’
Pub. L. 106–391, title II, §§ 201–203, 205, Oct. 30, 2000, 114
Stat. 1586–1590, as amended by Pub. L. 108–271, § 8(b),
July 7, 2004, 118 Stat. 814; Pub. L. 109–155, title II,
§ 207(b), title VII, § 706(a), Dec. 30, 2005, 119 Stat. 2916,
2937, provided that:
‘‘SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.
‘‘(a) BIMONTHLY REPORTING ON RUSSIAN STATUS.—Not
later than the first day of the first month beginning
more than 60 days after the date of the enactment of
this Act [Oct. 30, 2000], and semiannually thereafter
until December 31, 2011, the Administrator [of the National Aeronautics and Space Administration] shall report to Congress whether or not the Russians have performed work expected of them and necessary to complete the International Space Station. Each such report
shall also include a statement of the Administrator’s
judgment concerning Russia’s ability to perform work
anticipated and required to complete the International
Space Station before the next report under this subsection. Each such report shall also identify each Russian entity or person to whom NASA has, since the
date of the enactment of the Iran Nonproliferation
Amendments Act of 2005 [Nov. 22, 2005], made a payment in cash or in-kind for work to be performed or
services to be rendered under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29,
1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or
contract related thereto. Each report shall include the
specific purpose of each payment made to each entity
or person identified in the report.
‘‘(b) DECISION ON RUSSIAN CRITICAL PATH ITEMS.—The
President shall notify Congress within 90 days after the
date of the enactment of this Act [Oct. 30, 2000] of the
decision on whether or not to proceed with permanent
replacement of any Russian elements in the critical
path [as defined in section 3 of Pub. L. 106–391, 51 U.S.C.
10101 note] of the International Space Station or any
Russian launch services. Such notification shall include the reasons and justifications for the decision and
the costs associated with the decision. Such decision
shall include a judgment of when all elements identi-
Page 119
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
fied in Revision E assembly sequence as of June 1999
will be in orbit and operational. If the President decides to proceed with a permanent replacement for any
Russian element in the critical path or any Russian
launch services, the President shall notify Congress of
the reasons and the justification for the decision to
proceed with the permanent replacement and the costs
associated with the decision.
‘‘(c) ASSURANCES.—The United States shall seek assurances from the Russian Government that it places a
higher priority on fulfilling its commitments to the
International Space Station than it places on extending the life of the Mir Space Station, including assurances that Russia will not utilize assets allocated by
Russia to the International Space Station for other
purposes, including extending the life of Mir.
‘‘(d) EQUITABLE UTILIZATION.—In the event that any
International Partner in the International Space Station Program willfully violates any of its commitments
or agreements for the provision of agreed-upon Space
Station-related hardware or related goods or services,
the Administrator should, in a manner consistent with
relevant international agreements, seek a commensurate reduction in the utilization rights of that Partner
until such time as the violated commitments or agreements have been fulfilled.
‘‘(e) OPERATION COSTS.—The Administrator shall, in a
manner consistent with relevant international agreements, seek to reduce the National Aeronautics and
Space Administration’s share of International Space
Station common operating costs, based upon any additional capabilities provided to the International Space
Station through the National Aeronautics and Space
Administration’s Russian Program Assurance activities.
‘‘[SEC. 202. Repealed. Pub. L. 109–155, title II, § 207(b),
Dec. 30, 2005, 119 Stat. 2916, effective 30 days after
Dec. 1, 2006.]
§ 70901
‘‘SEC. 205. SPACE STATION RESEARCH UTILIZATION AND COMMERCIALIZATION MANAGEMENT.
‘‘(a) RESEARCH UTILIZATION AND COMMERCIALIZATION
MANAGEMENT ACTIVITIES.—The Administrator of the
National Aeronautics and Space Administration shall
enter into an agreement with a non-government organization to conduct research utilization and commercialization management activities of the International
Space Station subsequent to substantial completion as
defined in section 202(b)(3). The agreement may not
take effect less than 120 days after the implementation
plan for the agreement is submitted to the Congress
under subsection (b).
‘‘(b) IMPLEMENTATION PLAN.—Not later than September 30, 2001, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science [now Committee on Science, Space, and Technology] of the
House of Representatives an implementation plan to
incorporate the use of a non-government organization
for the International Space Station. The implementation plan shall include—
‘‘(1) a description of the respective roles and responsibilities of the Administration and the non-government organization;
‘‘(2) a proposed structure for the non-government
organization;
‘‘(3) a statement of the resources required;
‘‘(4) a schedule for the transition of responsibilities;
and
‘‘(5) a statement of the duration of the agreement.’’
[Pub. L. 109–155, title VII, § 706(a)(2), Dec. 30, 2005, 119
Stat. 2937, which directed insertion of two sentences at
end of section 201 of Pub. L. 106–391, set out above, was
executed by making the insertion at the end of section
201(a) of Pub. L. 106–391, to reflect the probable intent
of Congress.]
PERMANENTLY MANNED SPACE STATION
‘‘SEC. 203. RESEARCH ON INTERNATIONAL SPACE
STATION.
‘‘(a) STUDY.—The Administrator [of the National
Aeronautics and Space Administration] shall enter into
a contract with the National Research Council and the
National Academy of Public Administration to jointly
conduct a study of the status of life and microgravity
research as it relates to the International Space Station. The study shall include—
‘‘(1) an assessment of the United States scientific
community’s readiness to use the International
Space Station for life and microgravity research;
‘‘(2) an assessment of the current and projected factors limiting the United States scientific community’s ability to maximize the research potential of
the International Space Station, including, but not
limited to, the past and present availability of resources in the life and microgravity research accounts within the Office of Human Spaceflight and
the Office of Life and Microgravity Sciences and Applications and the past, present, and projected access
to space of the scientific community; and
‘‘(3) recommendations for improving the United
States scientific community’s ability to maximize
the research potential of the International Space Station, including an assessment of the relative costs
and benefits of—
‘‘(A) dedicating an annual mission of the Space
Shuttle to life and microgravity research during assembly of the International Space Station; and
‘‘(B) maintaining the schedule for assembly in
place at the time of the enactment [Oct. 30, 2000].
‘‘(b) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Oct. 30, 2000], the Administrator shall transmit to the Committee on Science
[now Committee on Science, Space, and Technology] of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
a report on the results of the study conducted under
this section.
Pub. L. 100–147, title I, §§ 106–112, Oct. 30, 1987, 101
Stat. 863–865, as amended by Pub. L. 102–195, § 16, Dec. 9,
1991, 105 Stat. 1614; Pub. L. 105–362, title XI, § 1101(c),
Nov. 10, 1998, 112 Stat. 3292, provided that:
‘‘SEC. 106. (a) The Administrator [of the National
Aeronautics and Space Administration] is directed to
undertake the construction of a permanently manned
space station (hereinafter referred to as the ‘space station’) to become operational in 1995. The space station
will be used for the following purposes—
‘‘(1) the conduct of scientific experiments, applications experiments, and engineering experiments;
‘‘(2) the servicing, rehabilitation, and construction
of satellites and space vehicles;
‘‘(3) the development and demonstration of commercial products and processes; and
‘‘(4) the establishment of a space base for other civilian and commercial space activities.
‘‘(b) The space station shall be developed and operated in a manner that supports other science and space
activities.
‘‘(c) In order to reduce the cost of operations of the
space station and its ground support system, the Administrator shall undertake the development of such
advanced technologies as may be appropriate within
the level of funding authorized in this Act [see Tables
for classification].
‘‘(d) The Administrator shall seek to have portions of
the space station constructed and operated by the private sector, where appropriate.
‘‘(e) The Administrator shall promote international
cooperation in the space station program by undertaking the development, construction, and operation of
the space station in conjunction with (but not limited
to) the Governments of Europe, Japan, and Canada.
‘‘(f) The space station shall be designed, developed,
and operated in a manner that enables evolutionary enhancement.
‘‘[SEC. 107. Repealed. Pub. L. 105–362, title XI, § 1101(c),
Nov. 10, 1998, 112 Stat. 3292.]
§ 70902
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
‘‘SEC. 108. In order to ensure that the development of
the space station is part of a balanced civilian space
program, the Administrator is instructed to establish
as a goal a funding profile that limits (1) space station
total annual costs under the capital development plan
in section 107 to 25 percent of the total budget request
for the National Aeronautics and Space Administration
and (2) all space station direct operations costs, except
for those costs associated with the utilization of the
space station, to 10 percent of the total budget request
for the National Aeronautics and Space Administration.
‘‘SEC. 109. (a) It is the sense of the Congress that the
launching and servicing of the space station should be
accomplished by the most cost-effective use of space
transportation systems, including the space shuttle
and expendable launch vehicles.
‘‘(b) Not later than January 15, 1988, the Administrator shall submit a preliminary report on the cost-effective use of space transportation systems for the
launch of space station elements during the development and operation of the space station. The Administrator shall consider—
‘‘(1) the potential use of future advanced or heavy
lift expendable launch vehicles for purposes of the assembly and operation of the space station;
‘‘(2) the use of existing expendable launch vehicles
of the National Aeronautics and Space Administration, the Department of Defense, and the Private Sector;
‘‘(3) the requirement for space shuttle launches; and
‘‘(4) the risk of capital losses from the use of expendable launch vehicles and the space shuttle.
‘‘SEC. 110. (a) The Administrator shall set and collect
reasonable user fees for the use and maintenance of the
space station.
‘‘(b) The Administrator shall set user fees so as to—
‘‘(1) promote the use of the space station consistent
with the policy set forth in section 106;
‘‘(2) recover the costs of the use of the space station, including reasonable charges for any enhancement needed for such use; and
‘‘(3) conserve and efficiently allocate the resources
of the space station.
‘‘(c) The Administrator may, on a case-by-case basis,
waive or modify such user fees when in the Administrator’s judgment such waiver or modification will further
the goals and purposes of the National Aeronautics and
Space Act of 1958 [see 51 U.S.C. 20101 et seq.], including—
‘‘(1) the advancement of scientific or engineering
knowledge;
‘‘(2) international cooperation; and
‘‘(3) the commercial use of space.
‘‘SEC. 111. No later than September 30, 1988, the Administrator shall submit a detailed plan for collecting
reimbursements for the utilization of the space station
under section 110, including the services to be offered,
the methodology and bases by which prices will be
charged, and the estimated revenues.
‘‘SEC. 112. The Intergovernmental Agreement currently being negotiated between the United States Government and Canada, Japan, and member governments
of the European Space Agency, and the Memorandum
of Understanding currently being negotiated between
the National Aeronautics and Space Administration
and its counterpart agencies in Canada, Japan, and Europe concerning the detailed design, development, construction, operation, or utilization of the space station
shall be submitted to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the
House of Representatives. No such agreement shall
take effect until 30 days have passed after the receipt
by such committees of the agreement.’’
§ 70902. Allocation of International Space Station
research budget
The Administrator shall allocate at least 15
percent of the funds budgeted for International
Page 120
Space Station research to ground-based, freeflyer, and International Space Station life and
microgravity science research that is not directly related to supporting the human exploration program, consistent with section 40904 of
this title.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.)
HISTORICAL AND REVISION NOTES
Revised
Section
70902 ..........
Source (U.S. Code)
42 U.S.C. 16633.
Source (Statutes at Large)
Pub. L. 109–155, title II, § 204,
Dec. 30, 2005, 119 Stat.
2916.
The words ‘‘Beginning with fiscal year 2006’’, which
appeared at the beginning of this section, are omitted
as obsolete.
§ 70903. International Space Station research
The Administrator shall—
(1) carry out a program of microgravity research consistent with section 40904 of this
title; and
(2) consider the need for a life sciences centrifuge and any associated holding facilities.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.)
HISTORICAL AND REVISION NOTES
Revised
Section
70903 ..........
Source (U.S. Code)
42 U.S.C. 16766(1),
(2).
Source (Statutes at Large)
Pub. L. 109–155, title V,
§ 506(1), (2), Dec. 30, 2005,
119 Stat. 2930.
§ 70904. International Space Station completion
(a) POLICY.—It is the policy of the United
States to achieve diverse and growing utilization of, and benefits from, the International
Space Station.
(b) ELEMENTS, CAPABILITIES, AND CONFIGURATION CRITERIA.—The Administrator shall ensure
that the International Space Station will—
(1) be assembled and operated in a manner
that fulfills international partner agreements,
as long as the Administrator determines that
the shuttle can safely enable the United
States to do so;
(2) be used for a diverse range of microgravity research, including fundamental, applied, and commercial research, consistent
with section 40904 of this title;
(3) have an ability to support a crew size of
at least 6 persons, unless the Administrator
transmits to the Committee on Science and
Technology of the House of Representatives
and the Committee on Commerce, Science,
and Transportation of the Senate not later
than 60 days after December 30, 2005, a report
explaining why such a requirement should not
be met, the impact of not meeting the requirement on the International Space Station research agenda and operations and international partner agreements, and what additional funding or other steps would be required to have an ability to support a crew
size of at least 6 persons;
(4) support Crew Exploration Vehicle docking and automated docking of cargo vehicles
or modules launched by either heavy-lift or
commercially-developed launch vehicles;
Page 121
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
(5) support any diagnostic human research,
on-orbit characterization of molecular crystal
growth, cellular research, and other research
that the Administration believes is necessary
to conduct, but for which the Administration
lacks the capacity to return the materials
that need to be analyzed to Earth; and
(6) be operated at an appropriate risk level.
(c) CONTINGENCIES.—
(1) POLICY.—The Administrator shall ensure
that the International Space Station can have
available, if needed, sufficient logistics and
on-orbit capabilities to support any potential
period during which the space shuttle or its
follow-on crew and cargo systems are unavailable, and can have available, if needed, sufficient
surge
delivery
capability
or
prepositioning of spares and other supplies
needed to accommodate any such hiatus.
(2) PLAN.—Before making any change in the
International Space Station assembly sequence in effect on December 30, 2005, the Administrator shall transmit to the Committee
on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and Transportation of the
Senate a plan to carry out the policy described
in paragraph (1).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3437.)
HISTORICAL AND REVISION NOTES
Revised
Section
70904 ..........
Source (U.S. Code)
42 U.S.C. 16765.
Source (Statutes at Large)
Pub. L. 109–155, title V, § 505,
Dec. 30, 2005, 119 Stat.
2929.
In subsections (b)(3) and (c)(2), the words ‘‘Committee
on Science and Technology’’ are substituted for ‘‘Committee on Science’’ on authority of Rule X(1)(o) of the
Rules of the House of Representatives, adopted by
House Resolution No. 6 (110th Congress, January 5,
2007).
In subsections (b)(3) and (c)(2), the date ‘‘December
30, 2005’’ is substituted for ‘‘the date of enactment of
this Act’’ to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
In subsection (c)(2) the words ‘‘Not later than 60 days
after the date of enactment of this Act [December 30,
2005], and’’ are omitted as obsolete.
CHANGE OF NAME
Committee on Science and Technology of House of
Representatives changed to Committee on Science,
Space, and Technology of House of Representatives by
House Resolution No. 5, One Hundred Twelfth Congress,
Jan. 5, 2011.
§ 70905. National laboratory designation
(a) DEFINITION OF UNITED STATES SEGMENT OF
INTERNATIONAL SPACE STATION.—In this section the term ‘‘United States segment of the
International Space Station’’ means those elements of the International Space Station manufactured—
(1) by the United States; or
(2) for the United States by other nations in
exchange for funds or launch services.
THE
(b) DESIGNATION.—To further the policy described in section 70501(a) of this title, the
United States segment of the International
§ 70906
Space Station is hereby designated a national
laboratory.
(c) MANAGEMENT.—
(1) PARTNERSHIPS.—The Administrator shall
seek to increase the utilization of the International Space Station by other Federal entities and the private sector through partnerships, cost-sharing agreements, and other arrangements that would supplement Administration funding of the International Space
Station.
(2) CONTRACTING.—The Administrator may
enter into a contract with a nongovernmental
entity to operate the International Space Station national laboratory, subject to all applicable Federal laws and regulations.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3437.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70905(a) ......
42 U.S.C. 16767(d).
70905(b) ......
70905(c) ......
42 U.S.C. 16767(a).
42 U.S.C. 16767(b).
Source (Statutes at Large)
Pub. L. 109–155, title V,
§ 507(a), (b), (d), Dec. 30,
2005, 119 Stat. 2930, 2931.
§ 70906. International Space Station National
Laboratory Advisory Committee
(a) ESTABLISHMENT.—Not later than one year
after October 15, 2008, the Administrator shall
establish under the Federal Advisory Committee
Act a committee to be known as the ‘‘International Space Station National Laboratory Advisory Committee’’ (hereafter in this section referred to as the ‘‘Committee’’).
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Committee shall be
composed of individuals representing organizations that have formal agreements with the
Administration to utilize the United States
portion of the International Space Station, including allocations within partner elements.
(2) CHAIR.—The Administrator shall appoint
a chair from among the members of the Committee, who shall serve for a 2-year term.
(c) DUTIES OF THE COMMITTEE.—
(1) IN GENERAL.—The Committee shall monitor, assess, and make recommendations regarding effective utilization of the International Space Station as a national laboratory and platform for research.
(2) ANNUAL REPORT.—The Committee shall
submit to the Administrator, on an annual
basis or more frequently as considered necessary by a majority of the members of the
Committee, a report containing the assessments and recommendations required by paragraph (1).
(d) DURATION.—The Committee shall exist for
the life of the International Space Station.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3438.)
HISTORICAL AND REVISION NOTES
Revised
Section
70906 ..........
Source (U.S. Code)
42 U.S.C. 17752.
Source (Statutes at Large)
Pub. L. 110–422, title VI,
§ 602, Oct. 15, 2008, 122
Stat. 4795.
In subsection (a), the date ‘‘October 15, 2008’’ is substituted for ‘‘the date of enactment of this Act’’ to re-
§ 70907
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
flect the date of enactment of the National Aeronautics
and Space Administration Authorization Act of 2008
(Public Law 110–422, 122 Stat. 4779).
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
§ 70907. Maintaining use through at least 2020
The Administrator shall take all necessary
steps to ensure that the International Space
Station remains a viable and productive facility
capable of potential United States utilization
through at least 2020 and shall take no steps
that would preclude its continued operation and
utilization by the United States after 2015.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3438.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
70907 ..........
42 U.S.C. 17751(a).
Source (Statutes at Large)
Pub. L. 110–422, title VI,
§ 601(a), Oct. 15, 2008, 122
Stat. 4793.
CHAPTER 711—NEAR-EARTH OBJECTS
71104.
Survey program to achieve 90 percent completion of
its near-Earth object catalogue (based on statistically predicted populations of near-Earth objects)
within 15 years after the date of enactment of this
Act [Dec. 30, 2005].
‘‘(2) [Amended former section 2451 of Title 42, The
Public Health and Welfare.]
‘‘(3) FIFTH-YEAR REPORT.—The Administrator shall
transmit to the Congress, not later than February 28
of the fifth year after the date of enactment of this
Act, a report that provides the following:
‘‘(A) A summary of all activities taken pursuant
to paragraph (1) since the date of enactment of this
Act.
‘‘(B) A summary of expenditures for all activities
pursuant to paragraph (1) since the date of enactment of this Act.
‘‘(4) INITIAL REPORT.—The Administrator shall
transmit to Congress not later than 1 year after the
date of enactment of this Act an initial report that
provides the following:
‘‘(A) An analysis of possible alternatives that
NASA may employ to carry out the Survey program, including ground-based and space-based alternatives with technical descriptions.
‘‘(B) A recommended option and proposed budget
to carry out the Survey program pursuant to the
recommended option.
‘‘(C) Analysis of possible alternatives that NASA
could employ to divert an object on a likely collision course with Earth.’’
§ 71101. Reaffirmation of policy
Sec.
71101.
71102.
71103.
Page 122
Reaffirmation of policy.
Requests for information.
Developing policy and recommending responsible Federal agency.
Planetary radar.
Congress reaffirms the policy set forth in section 20102(g) of this title (relating to surveying
near-Earth asteroids and comets).
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.)
GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SURVEY
Pub. L. 109–155, title III, § 321, Dec. 30, 2005, 119 Stat.
2922, provided that:
‘‘(a) SHORT TITLE.—This section may be cited as the
‘George E. Brown, Jr. Near-Earth Object Survey Act’.
‘‘(b) FINDINGS.—The Congress makes the following
findings:
‘‘(1) Near-Earth objects pose a serious and credible
threat to humankind, as many scientists believe that
a major asteroid or comet was responsible for the
mass extinction of the majority of the Earth’s species, including the dinosaurs, nearly 65,000,000 years
ago.
‘‘(2) Similar objects have struck the Earth or
passed through the Earth’s atmosphere several times
in the Earth’s history and pose a similar threat in the
future.
‘‘(3) Several such near-Earth objects have only been
discovered within days of the objects’ closest approach to Earth, and recent discoveries of such large
objects indicate that many large near-Earth objects
remain undiscovered.
‘‘(4) The efforts taken to date by NASA [National
Aeronautics and Space Administration] for detecting
and characterizing the hazards of near-Earth objects
are not sufficient to fully determine the threat posed
by such objects to cause widespread destruction and
loss of life.
‘‘(c) DEFINITIONS.—For purposes of this section the
term ‘near-Earth object’ means an asteroid or comet
with a perihelion distance of less than 1.3 Astronomical
Units from the Sun.
‘‘(d) NEAR-EARTH OBJECT SURVEY.—
‘‘(1) SURVEY PROGRAM.—The Administrator [of the
National Aeronautics and Space Administration]
shall plan, develop, and implement a Near-Earth Object Survey program to detect, track, catalogue, and
characterize the physical characteristics of nearEarth objects equal to or greater than 140 meters in
diameter in order to assess the threat of such nearEarth objects to the Earth. It shall be the goal of the
HISTORICAL AND REVISION NOTES
Revised
Section
71101 ..........
Source (U.S. Code)
42 U.S.C. 17791(a).
Source (Statutes at Large)
Pub. L. 110–422, title VIII,
§ 801(a), Oct. 15, 2008, 122
Stat. 4803.
FINDINGS
Pub. L. 110–422, title VIII, § 802, Oct. 15, 2008, 122 Stat.
4803, provided that: ‘‘Congress makes the following
findings:
‘‘(1) Near-Earth objects pose a serious and credible
threat to humankind, as many scientists believe that
a major asteroid or comet was responsible for the
mass extinction of the majority of the Earth’s species, including the dinosaurs, nearly 65,000,000 years
ago.
‘‘(2) Several such near-Earth objects have only been
discovered within days of the objects’ closest approach to Earth and recent discoveries of such large
objects indicate that many large near-Earth objects
remain undiscovered.
‘‘(3) Asteroid and comet collisions rank as one of
the most costly natural disasters that can occur.
‘‘(4) The time needed to eliminate or mitigate the
threat of a collision of a potentially hazardous nearEarth object with Earth is measured in decades.
‘‘(5) Unlike earthquakes and hurricanes, asteroids
and comets can provide adequate collision information, enabling the United States to include both asteroid-collision and comet-collision disaster recovery
and disaster avoidance in its public-safety structure.
‘‘(6) Basic information is needed for technical and
policy decisionmaking for the United States to create
a comprehensive program in order to be ready to
eliminate and mitigate the serious and credible
threats to humankind posed by potentially hazardous
near-Earth asteroids and comets.
‘‘(7) As a first step to eliminate and to mitigate the
risk of such collisions, situation and decision analy-
Page 123
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
sis processes, as well as procedures and system resources, must be in place well before a collision
threat becomes known.’’
§ 71102. Requests for information
The Administrator shall issue requests for information on—
(1) a low-cost space mission with the purpose
of rendezvousing with, attaching a tracking
device,1 and characterizing the Apophis asteroid; and
(2) a medium-sized space mission with the
purpose of detecting near-Earth objects equal
to or greater than 140 meters in diameter.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.)
HISTORICAL AND REVISION NOTES
Revised
Section
71102 ..........
Source (U.S. Code)
42 U.S.C. 17793.
Source (Statutes at Large)
Pub. L. 110–422, title VIII,
§ 803, Oct. 15, 2008, 122
Stat. 4803.
§ 71103. Developing policy and recommending responsible Federal agency
Within 2 years after October 15, 2008, the Director of the Office of Science and Technology
Policy shall—
(1) develop a policy for notifying Federal
agencies and relevant emergency response institutions of an impending near-Earth object
threat, if near-term public safety is at risk;
and
(2) recommend a Federal agency or agencies
to be responsible for—
(A) protecting the United States from a
near-Earth object that is expected to collide
with Earth; and
(B) implementing a deflection campaign,
in consultation with international bodies,
should one be necessary.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.)
HISTORICAL AND REVISION NOTES
Revised
Section
71103 ..........
Source (U.S. Code)
42 U.S.C. 17794.
Source (Statutes at Large)
Pub. L. 110–422, title VIII,
§ 804, Oct. 15, 2008, 122
Stat. 4804.
In the matter before paragraph (1), the date ‘‘October
15, 2008’’ is substituted for ‘‘the date of enactment of
this Act’’ to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2008.
§ 71104. Planetary radar
The Administrator shall maintain a planetary
radar that is comparable to the capability provided through the Deep Space Network
Goldstone facility of the Administration.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.)
1 So in original. The comma probably should be preceded by
‘‘to’’.
§ 71302
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
71104 ..........
42 U.S.C. 17795.
Source (Statutes at Large)
Pub. L. 110–422, title VIII,
§ 805, Oct. 15, 2008, 122
Stat. 4804.
CHAPTER 713—COOPERATION FOR SAFETY
AMONG SPACEFARING NATIONS
Sec.
71301.
71302.
Common docking system standard to enable
rescue.
Information sharing to avoid physical or
radio-frequency interference.
§ 71301. Common docking system standard to enable rescue
In order to maximize the ability to rescue astronauts whose space vehicles have become disabled, the Administrator shall enter into discussions with the appropriate representatives of
spacefaring nations who have or plan to have
crew transportation systems capable of orbital
flight or flight beyond low Earth orbit for the
purpose of agreeing on a common docking system standard.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.)
HISTORICAL AND REVISION NOTES
Revised
Section
71301 ..........
Source (U.S. Code)
42 U.S.C. 17734.
Source (Statutes at Large)
Pub. L. 110–422, title IV,
§ 407, Oct. 15, 2008, 122
Stat. 4790.
§ 71302. Information sharing to avoid physical or
radio-frequency interference
The Administrator shall, in consultation with
other agencies of the Federal Government as the
Administrator considers appropriate, initiate
discussions with the appropriate representatives
of spacefaring nations to determine an appropriate frame-work under which information intended to promote safe access into outer space,
operations in outer space, and return from outer
space to Earth free from physical or radio-frequency interference can be shared among the
nations.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3440.)
HISTORICAL AND REVISION NOTES
Revised
Section
71302 ..........
Source (U.S. Code)
42 U.S.C. 17821(b).
Source (Statutes at Large)
Pub. L. 110–422, title XI,
§ 1102(b), Oct. 15, 2008, 122
Stat. 4808.
FINDING
Pub. L. 110–422, title XI, § 1102(a), Oct. 15, 2008, 122
Stat. 4808, provided that: ‘‘Congress finds that as more
countries acquire the capability for launching payloads
into outer space, there is an increasing need for a
framework under which information intended to promote safe access into outer space, operations in outer
space, and return from outer space to Earth free from
physical or radio-frequency interference can be shared
among those countries.’’
| File Type | application/pdf |
| File Title | D:\OLRC\DATA\PRINT\2012SU~2\OUTPUT\PCC\WITH_F~1\USC51.14 |
| File Modified | 2016-01-13 |
| File Created | 2015-10-15 |