TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
This title was enacted by Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3328
Subtitle I—General
Subtitle II—General Program and Policy Provisions
Subtitle III—Administrative Provisions
Subtitle IV—Aeronautics and Space Research and Education
Subtitle V—Programs Targeting Commercial Opportunities
Subtitle VI—Earth Observations
Subtitle VII—Access to Space
Editorial Notes
Amendments
2020—Pub. L. 116–181, §2(c)(1), Oct. 21, 2020, 134 Stat. 892, added item for chapter 606.
2018—Pub. L. 115–254, div. B, title V, §580(b)(2), Oct. 5, 2018, 132 Stat. 3396, added item for chapter 515.
2017—Pub. L. 115–10, title IV, §416(b), Mar. 21, 2017, 131 Stat. 35, struck out item for chapter 703 "Shuttle Pricing Policy for Commercial and Foreign Users".
2015—Pub. L. 114–90, title I, §117(b)(1), title III, §301(a)(2), title IV, §402(b), Nov. 25, 2015, 129 Stat. 718, 720, 722, added item for chapter 513 and substituted "Commerce" for "Commercialization" in item for chapter 507 and "Use of space launch system or alternatives" for "Use of Space Shuttle or Alternatives" in item for chapter 701.
2010—Pub. L. 111–314, §4(d)(7), Dec. 18, 2010, 124 Stat. 3443, added items for chapters 509 and 511.
| Title 15 Former Sections | Title 51 New Sections |
|---|---|
| 1511e | 50702 |
| 1535 | 50703 |
| 5601 | 60101 note |
| 5602 | 60101 |
| 5611 | 60111 |
| 5612, 5613 | Rep. |
| 5614 | 60112 |
| 5615(a), (b) | 60113 |
| 5615(c), (d) | Rep. |
| 5621 to 5625 | 60121 to 60125 |
| 5631 | 60131 |
| 5632 | 60132 |
| 5633(a) to (e) | 60133 |
| 5633(f), 5641(a) | Rep. |
| 5641(b), (c) | 60134 |
| 5651 to 5658 | 60141 to 60148 |
| 5671 | 60161 |
| 5672 | 60162 |
| 5801 | 50501 note |
| 5802 | 50501 |
| 5803(a) to (c) | 50502 |
| 5803(d) | Rep. |
| 5805 | Rep. |
| 5806 | 50503 |
| 5807 | 50504 |
| 5808 | 50506 |
| Title 42 Former Sections | Title 51 New Sections |
|---|---|
| 2451 | 20102 |
| 2452 | 20103 |
| 2453 | Rep. |
| 2454 | 20131 |
| 2455(a) | 20132 |
| 2455(b) | 20132 note |
| 2456 | 20133 |
| 2456a | 20134 |
| 2457 | 20135 |
| 2458 to 2458c | 20136 to 20139 |
| 2459 | 20140 |
| 2459a | Elim. |
| 2459b | 20141 |
| 2459c | 20142 |
| 2459d | 30301 |
| 2459e | 30302 |
| 2459f | 20143 |
| 2459f–1 | 20144 |
| 2459g | 30307 |
| 2459h | 30308(b) |
| 2459i | 30102 |
| 2459j | 20145 |
| 2459j–1 | 20145 note |
| 2459k | 20146 |
| 2459l | 20147 |
| 2460 | 30101 |
| 2461 | 30901 |
| 2463 | 30303 |
| 2464 | 70101 |
| 2464a | Elim. |
| 2465a(a) | 70102(a) |
| 2465a(b) | Rep. |
| 2465a(c) | 70102(b) |
| 2465a(d) | 70102(c) |
| 2465c | 70103(a) |
| 2465f | 70103(b) |
| 2466 to 2466c | 70301 to 70304 |
| 2467 | 40901 |
| 2467a | 40902 |
| 2467b(a), (b) | 40903(b), (c) |
| 2467b(c) | 40903(a) |
| 2471, 2471a | 20111 notes |
| 2472 | 20111 |
| 2473(a), (b) | 20112 |
| 2473(c) | 20113 |
| 2473b (1st par.) | 30304 |
| 2473b (last par.), 2473c(a) | Rep. |
| 2473c(b) | 31102 note |
| 2473c(c) to (h) | 31102 |
| 2473d | 30309 |
| 2474(a) | Rep. |
| 2474(b), (c) | 20114(a), (b) |
| 2474(d) | Rep. |
| 2475 | 20115 |
| 2475a(a), (b) | 30701(a), (b)(2) |
| 2475b | 30702 |
| 2476 | 20116 |
| 2476a | 20117 |
| 2476b | Rep. |
| 2477 | 31101 |
| 2481 to 2484 | 20161 to 20164 |
| 2486 | 40301 note |
| 2486a to 2486i | 40301 to 40309 |
| 2486k | 40310 |
| 2486l | Rep. |
| 2487 | 40501 note |
| 2487a to 2487c | 40501 to 40503 |
| 2487e | 40504 |
| 2487f | 40505 |
| 2487g | Rep. |
| 14701 | 50101 |
| 14711(a) | 50111(a) |
| 14711(b) | Rep. |
| 14712(a) | 50112 note |
| 14712(b) | 50112 |
| 14713 | 50113 |
| 14714 | 50114 |
| 14715(a), (b) | 50115(a), (b) |
| 14715(c) | Rep. |
| 14715(d), (e) | 50115(c), (d) |
| 14731 | 50131 |
| 14732 | 50132 |
| 14733(a) | 50133 |
| 14733(b), (c) | Rep. |
| 14734 | 50134 |
| 14735 | Rep. |
| 14751 | 50301 note |
| 14752 | 50302 |
| 14753 | 50301 |
| 16601 | 10101 note |
| 16611(a) | 20301 |
| 16611(b) | 20302 |
| 16611(c) to (g) | Elim. |
| 16611(h)(1) | 30103(a) |
| 16611(h)(2) | Elim. |
| 16611(i) | 30103(b) |
| 16611(j) | Elim. |
| 16611a(a) to (c) | 20303(a) to (c) |
| 16611a(d) | Elim. |
| 16611a(e) | 20303(d) |
| 16611a(f) | Elim. |
| 16611b | 30103(c) |
| 16611b note (Pub. L. 111–8, div. B, title III, 123 Stat. 589) | 30103(d) |
| 16612 | note prec. 40901 |
| 16613 | 30104 |
| 16614 | 30703 |
| 16615 | 30501 |
| 16616, 16617 | Elim. |
| 16618 | 30502 |
| 16631, 16632 | Rep. |
| 16633 | 70902 |
| 16634 | 50505 |
| 16635, 16636 | Elim. |
| 16651 | 30503 |
| 16652, 16653 | Elim. |
| 16654(a) (matter before par. (1)) | 30504(a) |
| 16654(a)(1) | Elim. |
| 16654(a)(2) | 30504(b) |
| 16654(b), 16655(1) | Elim. |
| 16655(2), (3) | 40904 |
| 16656 | 60505 |
| 16657 | Elim. |
| 16658 | 20304 |
| 16671 to 16676 | 60301 to 60306 |
| 16691 | note prec. 71101 |
| 16701 | 40101 |
| 16711 | 40102 |
| 16712(a) | Elim. |
| 16712(b) | 40103 |
| 16721(a), (b) | 40111 |
| 16721(c), (d) | Rep. |
| 16722(a) | 40701 |
| 16722(b) to (g) | 40112(a) to (f) |
| 16723 to 16725 | 40113 to 40115 |
| 16726 | Rep. |
| 16727 | 40116 |
| 16741 | 40131 |
| 16751 | 40141 |
| 16761(a), (b) | 70501(a), (b) |
| 16761(c) | Elim. |
| 16762 | 70501 note |
| 16763 | 70502 |
| 16764 | 70503 |
| 16765 | 70904 |
| 16766(1), (2) | 70903 |
| 16766(3) | Elim. |
| 16767(a), (b) | 70905(b), (c) |
| 16767(c) | Elim. |
| 16767(d) | 70905(a) |
| 16781 | 31501 |
| 16782 | 70304 note |
| 16791 | 40905 |
| 16792 | 30902 |
| 16793 | Elim. |
| 16794 | 40906 |
| 16795 | 40907 |
| 16796 | note prec. 40901 |
| 16797 | 40908 |
| 16798(a) | Elim. |
| 16798(b) | 40909 |
| 16811 | 50116 |
| 16821 | 30306 |
| 16822 | 31301 |
| 16823 | 30704 |
| 16824 | Elim. |
| 16831 | T. 42 §1886a |
| 16832 | Elim. |
| 16841 to 16850 | 70701 to 70710 |
| 17701 | 20102 note |
| 17702 | 10101 note |
| 17711 | 60501 |
| 17712(a) | Elim. |
| 17712(b) to (d) | 60502(a) to (c) |
| 17713(a) | 60503 |
| 17713(b) | Elim. |
| 17714 | 60504 |
| 17721 | 40702 |
| 17722 | 40703 |
| 17723(a) | 40704 note |
| 17723(b), (c) | 40704(a), (b) |
| 17724 | 40104 |
| 17731 | 70504 |
| 17732(a), (b) | 70505(a), (b) |
| 17732(c) | Elim. |
| 17733(a) | 70506 note |
| 17733(b) | 70506 |
| 17734 | 71301 |
| 17741 | 70507 |
| 17742 | 70508 |
| 17751(a) | 70907 |
| 17751(b) | Elim. |
| 17752 | 70906 |
| 17753 | Elim. |
| 17761 | 70501 note |
| 17771 | 50903 note |
| 17781(a) | Elim. |
| 17781(b) | 40903(d) |
| 17781(c) | 40311 |
| 17791(a) | 71101 |
| 17791(b) | Elim. |
| 17792 | 71101 note |
| 17793 to 17795 | 71102 to 71104 |
| 17801 | 50111(b) |
| 17811(a) | 31502 |
| 17811(b), (c) | Elim. |
| 17812(a) | 31503 |
| 17812(b) | Elim. |
| 17821(a) | 71302 note |
| 17821(b) | 71302 |
| 17822 | 31302 |
| 17823 | 20305 |
| 17824 | 30305 |
| 17825(a), (b) | Elim. |
| 17825(c) | 60506 |
| 17826 | Elim. |
| 17827 | 30310 |
| 17828 | 31504 |
| 17829 | 31505 |
Statutory Notes and Related Subsidiaries
Enactment of Title
Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3328, provided in part that: "Title 51, United States Code, 'National 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)
"(b)
Transitional and Savings Provisions
Pub. L. 111–314, §5, Dec. 18, 2010, 124 Stat. 3443, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
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.
1 So in original. Probably should be "Space Resource Commercial Exploration and Utilization".
2 So in original. Probably should be "Use of Space Launch System or Alternatives".
Subtitle I—General
CHAPTER 101—DEFINITIONS
§10101. Definitions
In this title:
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3329.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10101 | (no source) |
Title-wide definitions for the terms "Administration" and "Administrator" are added for clarity and convenience.
Statutory Notes and Related Subsidiaries
Short Title of 2022 Amendment
Pub. L. 117–167, div. B, title VII, §10801, Aug. 9, 2022, 136 Stat. 1730, provided that: "This title [amending sections 20145, 40112, 40903, 50111, and 70907 of this title and sections 18351, 18353, and 18354 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section, sections 20102, 20113, 20301, 20302, 40102, 40112, 40113, 60501, 70901 of this title, and preceding section 71101 of this title, amending provisions set out as notes under sections 20301 and 20302 of this title and preceding section 71101 of this title] may be cited as the 'National Aeronautics and Space Administration Authorization Act of 2022'."
Pub. L. 117–103, div. HH, title II, §201, Mar. 15, 2022, 136 Stat. 1112, provided that: "This title [amending section 20145 of this title and enacting provisions set out as a note under section 20145 of this title] may be cited as the 'NASA Enhanced-Use Leasing Extension Act of 2022'."
Short Title of 2020 Amendment
Pub. L. 116–181, §1, Oct. 21, 2020, 134 Stat. 882, provided that: "This Act [enacting chapter 606 of this title, repealing section 18388 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 60601 of this title] may be cited as the 'Promoting Research and Observations of Space Weather to Improve the Forecasting of Tomorrow Act' or the 'PROSWIFT Act'."
Short Title of 2019 Amendment
Pub. L. 116–94, div. I, title VI, §601, Dec. 20, 2019, 133 Stat. 3027, provided that: "This title [amending section 20145 of this title] may be cited as the 'NASA Enhanced Use Leasing Extension Act of 2019'."
Short Title of 2018 Amendment
Pub. L. 115–403, §1, Dec. 31, 2018, 132 Stat. 5348, provided that: "This Act [amending section 20145 of this title] may be cited as the 'NASA Enhanced Use Leasing Extension Act of 2018'."
Short Title of 2017 Amendment
Pub. L. 115–10, §1(a), Mar. 21, 2017, 131 Stat. 18, provided that: "This Act [see Tables for classification] may be cited as the 'National Aeronautics and Space Administration Transition Authorization Act of 2017'."
Pub. L. 115–10, title IV, §441, Mar. 21, 2017, 131 Stat. 44, provided that: "This subtitle [subtitle D (§§441–443) of title IV of Pub. L. 115–10, enacting section 20149 of this title and provisions set out as notes under section 20149 of this title] may be cited as the 'To Research, Evaluate, Assess, and Treat Astronauts Act' or the 'TREAT Astronauts Act'."
Short Title of 2015 Amendment
Pub. L. 114–90, §1(a), Nov. 25, 2015, 129 Stat. 704, provided that: "This Act [enacting chapter 513 and sections 60126 and 70104 of this title, amending sections 20113, 50131, 50701, 50702, 50901, 50902, 50904 to 50908, 50914, 50915, 50919, 70101 to 70103, and 70907 of this title and sections 18351, 18353, and 18354 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 20113 and 50918 of this title] may be cited as the 'U.S. Commercial Space Launch Competitiveness Act'."
Pub. L. 114–90, title I, §101, Nov. 25, 2015, 129 Stat. 705, provided that: "This title [enacting section 70104 of this title, amending sections 20113, 50131, 50901, 50902, 50904 to 50908, 50914, 50915, 50919, 70101 to 70103, and 70907 of this title and sections 18351, 18353, and 18354 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 20113 and 50918 of this title] may be cited as the 'Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015' or 'SPACE Act of 2015'."
Pub. L. 114–90, title IV, §401, Nov. 25, 2015, 129 Stat. 720, provided that: "This title [enacting chapter 513 of this title] may be cited as the 'Space Resource Exploration and Utilization Act of 2015'."
Short Title of 2013 Amendment
Pub. L. 112–273, §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 In-Space 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'."
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 classification] may be cited as the 'National Space Grant College and Fellowship Act'."
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. 117–167, div. B, title VII, §10802, Aug. 9, 2022, 136 Stat. 1730, provided that: "In this title [see Short Title of 2022 Amendment note above]:
"(1)
"(2)
"(3)
"(A) the Committee on Commerce, Science, and Transportation of the Senate; and
"(B) the Committee on Science, Space, and Technology of the House of Representatives.
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(11)
"(12)
"(13)
"(14)
"(15)
Pub. L. 115–10, §2, Mar. 21, 2017, 131 Stat. 19, provided that: "In this Act [see Tables for classification]:
"(1)
"(2)
"(3)
"(A) the Committee on Commerce, Science, and Transportation of the Senate; and
"(B) the Committee on Science, Space, and Technology of the House of Representatives.
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(11)
"(12)
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)
"(2)
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)
"(2)
"(3)
"(4)
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)
"(2)
"(3)
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 long-term research, development, and manufacturing (including the manufacture of major components and subassemblies); and
"(II) significant contributions to employment in the United States; and
"(ii) the country or countries in which such foreign company is incorporated or organized, and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (A) comparable to that afforded to such foreign company's subsidiary in the United States, as evidenced by—
"(I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government sponsored research and development similar to that authorized under this Act;
"(II) providing no barriers to companies described in subparagraph (A) with respect to local investment opportunities that are not provided to foreign companies in the United States; and
"(III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (A)."
Subtitle II—General Program and Policy Provisions
CHAPTER 201—NATIONAL AERONAUTICS AND SPACE PROGRAM
SUBCHAPTER I—SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS
SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS
SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH
Editorial Notes
Amendments
2017—Pub. L. 115–10, title III, §305(b), title IV, §443(b), Mar. 21, 2017, 131 Stat. 32, 47, added items 20148 and 20149.
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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20101 | (no source) |
Chapter 201 of title 51 restates the National Aeronautics and Space Act of 1958. Although short titles are generally eliminated as unnecessary in positive law titles of the United States Code, in this case it was suggested that the short title "National Aeronautics and Space Act" be provided for convenience.
§20102. Congressional declaration of policy and purpose
(a)
(b)
(c)
(d)
(1) The expansion of human knowledge of the Earth and of phenomena in the atmosphere and space.
(2) The improvement of the usefulness, performance, speed, safety, and efficiency of aeronautical and space vehicles.
(3) The development and operation of vehicles capable of carrying instruments, equipment, supplies, and living organisms through space.
(4) The establishment of long-range studies of the potential benefits to be gained from, the opportunities for, and the problems involved in the utilization of aeronautical and space activities for peaceful and scientific purposes.
(5) The preservation of the role of the United States as a leader in aeronautical and space science and technology and in the application thereof to the conduct of peaceful activities within and outside the atmosphere.
(6) The making available to agencies directly concerned with national defense of discoveries that have military value or significance, and the furnishing by such agencies, to the civilian agency established to direct and control nonmilitary aeronautical and space activities, of information as to discoveries which have value or significance to that agency.
(7) Cooperation by the United States with other nations and groups of nations in work done pursuant to this chapter and in the peaceful application of the results thereof.
(8) The most effective utilization of the scientific and engineering resources of the United States, with close cooperation among all interested agencies of the United States in order to avoid unnecessary duplication of effort, facilities, and equipment.
(9) The preservation of the United States preeminent position in aeronautics and space through research and technology development related to associated manufacturing processes.
(10) The search for life's origin, evolution, distribution, and future in the universe.
(e)
(f)
(g)
(h)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3330; Pub. L. 115–10, title V, §507, Mar. 21, 2017, 131 Stat. 50.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20102 | 42 U.S.C. 2451. | 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".
Editorial Notes
Amendments
2017—Subsec. (d)(10). Pub. L. 115–10 added par. (10).
Statutory Notes and Related Subsidiaries
Science Priorities
Pub. L. 117–167, div. B, title VII, §10821, Aug. 9, 2022, 136 Stat. 1740, provided that:
"(a)
"(1) a balanced and adequately funded set of activities, consisting of research and analysis grant programs, technology development, suborbital research activities, and small, medium, and large space missions, contributes to a robust and productive science program and serves as a catalyst for innovation and discovery; and
"(2) the Research and Analysis programs funded by the Science Mission Directorate are critically important for—
"(A) preparing the next generation of space and Earth scientists;
"(B) pursuing peer-reviewed cutting-edge research;
"(C) maximizing scientific return from the [National Aeronautics and Space] Administration's space and Earth science missions; and
"(D) developing innovative techniques and future mission concepts.
"(b)
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;
"(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 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;
"(7) the United States aeronautics and space program contributes to the Nation's technological competitive advantage;
"(8) the United States aeronautics and space program requires a sustained commitment of financial and human resources as a share of the Nation's Gross National Product;
"(9) the United States space transportation system will depend upon a robust fleet of space shuttle orbiters and expendable and reusable launch vehicles and services;
"(10) the United States space program will be advanced with an assured funding stream for the development of a permanently manned space station with research, experimentation, observation, servicing, manufacturing, and staging capabilities for lunar and Mars missions;
"(11) the United States aeronautics program has been a key factor in maintaining preeminence in aviation over many decades;
"(12) the United States needs to maintain a strong program with respect to transatmospheric research and technology by developing and demonstrating National Aero-Space Plane technology by a mid-decade date certain;
"(13) the National Aeronautics and Space Administration is primarily responsible for formulating and implementing policy that supports and encourages civil aeronautics and space activities in the United States; and
"(14) commercial activities of the private sector will substantially and increasingly contribute to the strength of both the United States space program and the national economy.
"SEC. 102. POLICY.
"It is declared to be national policy that the United States should—
"(1) rededicate itself to the goal of leadership in critical areas of space science, space exploration, and space commercialization;
"(2) increase its commitment of budgetary resources for the space program to reverse the dramatic decline in real spending for such program since the achievements of the Apollo moon program;
"(3) ensure that the long-range environmental impact of all activities carried out under this title [see Tables for classification] are fully understood and considered;
"(4) promote and support efforts to advance scientific understanding by conducting or otherwise providing for research on environmental problems, including global change, ozone depletion, acid precipitation, deforestation, and smog;
"(5) forge a robust national space program that maintains a healthy balance between manned and unmanned space activities and recognizes the mutually reinforcing benefits of both;
"(6) maintain an active fleet of space shuttle orbiters, including an adequate provision of structural spare parts, and evolve the orbiter design to improve safety and performance, and reduce operational costs;
"(7) sustain a mixed fleet by utilizing commercial expendable launch vehicle services to the fullest extent practicable;
"(8) support an aggressive program of research and development designed to enhance the United States preeminence in launch vehicles;
"(9) continue and complete on schedule the development and deployment of a permanently manned, fully capable, space station;
"(10) develop an advanced, high pressure space suit to support extravehicular activity that will be required for Space Station Freedom when Assembly Complete is reached;
"(11) establish a dual capability for logistics and resupply of the space station utilizing the space shuttle and expendable launch vehicles, including commercial services if available;
"(12) continue to seek opportunities for international cooperation in space and fully support international cooperative agreements;
"(13) maintain an aggressive program of aeronautical research and technology development designed to enhance the United States preeminence in civil and military aviation and improve the safety and efficiency of the United States air transportation system;
"(14) conduct a program of technology maturation, including flight demonstration in 1997, to prove the feasibility of an air-breathing, hypersonic aerospace plane capable of single-stage-to-orbit operation and hypersonic cruise in the atmosphere;
"(15) seek innovative technologies that will make possible advanced human exploration initiatives, such as the establishment of a lunar base and the succeeding mission to Mars, and provide high yield technology advancements for the national economy; and
"(16) enhance the human resources of the Nation and the quality of education."
National Aeronautics and Space Capital Development Program
Pub. L. 100–685, title I, §101, Nov. 17, 1988, 102 Stat 4083, provided that: "Congress finds that—
"(1) in accordance with section 106 of the National Aeronautics and Space Administration Authorization Act of 1988 (Public Law 100–147) [set out as a note under section 70901 of this title], a space station, hereafter referred to as the United States International Space Station, shall be constructed in order to establish a permanent presence for man in space for the following purposes—
"(A) the conduct of scientific experiments, applications experiments, and engineering experiments;
"(B) the servicing, rehabilitation, and construction of satellites and space vehicles;
"(C) the development and demonstration of commercial products and processes; and
"(D) the establishment of a space base for other civilian and commercial space activities including an outpost for further exploration of the solar system;
"(2) expendable launch vehicles should be used to launch those payloads that do not require the presence of man;
"(3) the space shuttle launches should be used to fulfill the Nation's needs for manned access to space;
"(4) preeminence in space and aeronautics is key to the national security and economic well being of the United States;
"(5) United States space policy needs long-range goals and direction in order to provide understanding for near-term space projects and programs;
"(6) over the next five years the National Aeronautics and Space Administration, hereafter referred to as the 'Administration', should pursue leadership in science through an aggressive set of major and moderate missions while maintaining a robust series of cost effective missions that can provide frequent flight opportunities to the scientific community[;]
"(7) over the next five years the Administration should prepare for the transition to the United States International Space Station of those science and technology programs that can be most efficiently and effectively conducted on that facility;
"(8) the Administration should encourage the United States private sector investment in space and, to the maximum extent practicable provide frequent flight opportunities for the development of technologies, processes and products that benefit from the space environment;
"(9) the Administration should enhance the existing space transportation capability through a robust mixed fleet of manned and unmanned vehicles in order to increase the reliability, productivity, and efficiency and reduce the cost of the Nation's access to space;
"(10) the United States faces an increasingly successful foreign challenge to its traditional preeminent position in aeronautics which is rapidly reducing its lead in both civil and military aircraft;
"(11) NASA's personnel are an integral component and resource for the Nation's space program, and an innovative personnel system should be developed;
"(12) the establishment of a permanent presence in space leading ultimately to space settlements is fully consistent with the goals of the National Aeronautics and Space Act of 1958 [see 51 U.S.C. 20101 et seq.];
"(13) the United States civil space activities should contribute significantly to enhancing the Nation's scientific and technological leadership, economy, pride, and sense of well-being, as well as United States world prestige and leadership;
"(14) civil sector activities should be comprised of a balanced strategy of research, development, operations, and technology for science, exploration, and appropriate applications;
"(15) assured access to space, sufficient to achieve all United States space goals, is an essential element of United States space policy, and the United States space transportation systems must provide a balanced, robust, and flexible capability with sufficient resiliency to allow continued operation despite failures in any single system;
"(16) the goals of the United States space transportation system are—
"(A) to achieve and maintain safe and reliable access to, transportation in, and return from, space;
"(B) to exploit the unique attributes of manned and unmanned launch and recovery systems;
"(C) to encourage, to the maximum extent feasible, the development and use of United States private sector space transportation capabilities; and
"(D) to reduce the costs of space transportation and related services;
"(17) recognizing that communications advancements are critical to all United States space activities, the Administration should continue research and development efforts for future advances in space communications technologies;
"(18) the goal of aeronautical research and technology development and validation activities should be to contribute to a national technology base that will enhance United States preeminence in civil and military aviation and improve the safety and efficiency of the United States air transportation system; and
"(19) aeronautical research and technology development and validation activities should—
"(A) emphasize emerging technologies with potential for breakthrough advances;
"(B) consist of—
"(i) fundamental research in all aeronautical disciplines, aimed at greater understanding of aeronautical phenomena and development of new aeronautical concepts; and
"(ii) technology development and validation activities aimed at laboratory-scale development and proof-of-concept demonstration of selected concepts with high payoff potential;
"(C) assure maintenance of robust aeronautical laboratories, including a first-rate technical staff and modern national facilities for the conduct of research and testing activities;
"(D) be conducted with the close, active participation of the United States aircraft industry so as to accelerate the transfer of research results to aviation products;
"(E) include providing technical assistance and facility support to other government agencies and United States industry;
"(F) include conducting joint projects with other government agencies where such projects contribute materially to the goals set forth in this section;
"(G) assure strong participation of United States universities both in carrying out aeronautical research and training future aeronautical research personnel; and
"(H) be conducted, where practical, so that United States industry receives research results before foreign competitors."
Executive Documents
Space Policy Directive–5. Cybersecurity Principles for Space Systems
Space Policy Directive–5, Sept. 4, 2020, 85 F.R. 56155, provided:
Memorandum for the Vice President[,] the Secretary of State[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Homeland Security[,] the Director of the Office of Management and Budget[,] the Assistant to the President for National Security Affairs[,] the Director of National Intelligence[,] the Director of the Central Intelligence Agency[,] the Director of the National Security Agency[,] the Director of the National Reconnaissance Office[,] the Administrator of the National Aeronautics and Space Administration[,] the Director of the Office of Science and Technology Policy[,] the Chairman of the Joint Chiefs of Staff[, and] the Chairman of the Federal Communications Commission
Space systems are reliant on information systems and networks from design conceptualization through launch and flight operations. Further, the transmission of command and control and mission information between space vehicles and ground networks relies on the use of radio-frequency-dependent wireless communication channels. These systems, networks, and channels can be vulnerable to malicious activities that can deny, degrade, or disrupt space operations, or even destroy satellites.
Examples of malicious cyber activities harmful to space operations include spoofing sensor data; corrupting sensor systems; jamming or sending unauthorized commands for guidance and control; injecting malicious code; and conducting denial-of-service attacks. Consequences of such activities could include loss of mission data; decreased lifespan or capability of space systems or constellations; or the loss of positive control of space vehicles, potentially resulting in collisions that can impair systems or generate harmful orbital debris.
The National Security Strategy of December 2017 states that "[t]he United States must maintain our leadership and freedom of action in space." As the space domain is contested, it is necessary for developers, manufacturers, owners, and operators of space systems to design, build, operate, and manage them so that they are resilient to cyber incidents and radio-frequency spectrum interference.
Space Policy Directive–3 (SPD–3) of June 18, 2018 (National Space Traffic Management Policy) [51 U.S.C. 71302 note], states that "[s]atellite and constellation owners should participate in a pre-launch certification process" that should consider a number of factors, including encryption of satellite command and control links and data protection measures for ground site operations.
The National Cyber Strategy of September 2018 states that my Administration will enhance efforts to protect our space assets and supporting infrastructure from evolving cyber threats, and will work with industry and international partners to strengthen the cyber resilience of existing and future space systems.
(a) "Space System" means a combination of systems, to include ground systems, sensor networks, and one or more space vehicles, that provides a space-based service. A space system typically has three segments: a ground control network, a space vehicle, and a user or mission network. These systems include Government national security space systems, Government civil space systems, and private space systems.
(b) "Space Vehicle" means the portion of a space system that operates in space. Examples include satellites, space stations, launch vehicles, launch vehicle upper stage components, and spacecraft.
(c) "Positive Control" means the assurance that a space vehicle will only execute commands transmitted by an authorized source and that those commands are executed in the proper order and at the intended time.
(d) "Critical space vehicle functions (critical functions)" means the functions of the vehicle that the operator must maintain to ensure intended operations, positive control, and retention of custody. The failure or compromise of critical space vehicle functions could result in the space vehicle not responding to authorized commands, loss of critical capability, or responding to unauthorized commands.
The United States must manage risks to the growth and prosperity of our commercial space economy. To do so and to strengthen national resilience, it is the policy of the United States that executive departments and agencies (agencies) will foster practices within Government space operations and across the commercial space industry that protect space assets and their supporting infrastructure from cyber threats and ensure continuity of operations.
The cybersecurity principles for space systems set forth in section 4 of this memorandum are established to guide and serve as the foundation for the United States Government approach to the cyber protection of space systems. Agencies are directed to work with the commercial space industry and other non-government space operators, consistent with these principles and with applicable law, to further define best practices, establish cybersecurity-informed norms, and promote improved cybersecurity behaviors throughout the Nation's industrial base for space systems.
(b) Space system owners and operators should develop and implement cybersecurity plans for their space systems that incorporate capabilities to ensure operators or automated control center systems can retain or recover positive control of space vehicles. These plans should also ensure the ability to verify the integrity, confidentiality, and availability of critical functions and the missions, services, and data they enable and provide. At a minimum, space system owners and operators should consider, based on risk assessment and tolerance, incorporating in their plans:
(i) Protection against unauthorized access to critical space vehicle functions. This should include safeguarding command, control, and telemetry links using effective and validated authentication or encryption measures designed to remain secure against existing and anticipated threats during the entire mission lifetime;
(ii) Physical protection measures designed to reduce the vulnerabilities of a space vehicle's command, control, and telemetry receiver systems;
(iii) Protection against communications jamming and spoofing, such as signal strength monitoring programs, secured transmitters and receivers, authentication, or effective, validated, and tested encryption measures designed to provide security against existing and anticipated threats during the entire mission lifetime;
(iv) Protection of ground systems, operational technology, and information processing systems through the adoption of deliberate cybersecurity best practices. This adoption should include practices aligned with the National Institute of Standards and Technology's Cybersecurity Framework to reduce the risk of malware infection and malicious access to systems, including from insider threats. Such practices include logical or physical segregation; regular patching; physical security; restrictions on the utilization of portable media; the use of antivirus software; and promoting staff awareness and training inclusive of insider threat mitigation precautions;
(v) Adoption of appropriate cybersecurity hygiene practices, physical security for automated information systems, and intrusion detection methodologies for system elements such as information systems, antennas, terminals, receivers, routers, associated local and wide area networks, and power supplies; and
(vi) Management of supply chain risks that affect cybersecurity of space systems through tracking manufactured products; requiring sourcing from trusted suppliers; identifying counterfeit, fraudulent, and malicious equipment; and assessing other available risk mitigation measures.
(c) Implementation of these principles, through rules, regulations, and guidance, should enhance space system cybersecurity, including through the consideration and adoption, where appropriate, of cybersecurity best practices and norms of behavior.
(d) Space system owners and operators should collaborate to promote the development of best practices, to the extent permitted by applicable law. They should also share threat, warning, and incident information within the space industry, using venues such as Information Sharing and Analysis Centers to the greatest extent possible, consistent with applicable law.
(e) Security measures should be designed to be effective while permitting space system owners and operators to manage appropriate risk tolerances and minimize undue burden, consistent with specific mission requirements, United States national security and national critical functions, space vehicle size, mission duration, maneuverability, and any applicable orbital regimes.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Commerce is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
The National Space Policy
Memorandum of President of the United States, Dec. 9, 2020, 85 F.R. 81755, provided:
Memorandum for the Vice President[,] the Secretary of State[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of the Interior[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Energy[,] the Secretary of Homeland Security[,] the Director of the Office of Management and Budget[,] the Director of National Intelligence[,] the Assistant to the President for National Security Affairs[,] the Administrator of the National Aeronautics and Space Administration[,] the Director of the Office of Science and Technology Policy[, and] the Chairman of the Joint Chiefs of Staff
a) Presidential Policy Directive 26—National Space Transportation Policy (November 21, 2013)
b) Executive Order 13803—Reviving the National Space Council (June 30, 2017) [51 U.S.C. 20111 note]
c) Space Policy Directive 1—Reinvigorating America's Human Space Exploration Program (December 11, 2017) [82 F.R. 59501]
d) The National Space Strategy (March 23, 2018)
e) Space Policy Directive 2—Streamlining Regulations on Commercial Use of Space (May 24, 2018) [51 U.S.C. 50101 note]
f) Space Policy Directive 3—National Space Traffic Management Policy (June 18, 2018) [51 U.S.C. 71302 note]
g) Space Policy Directive 4—Establishment of the United States Space Force (February 19, 2019) [10 U.S.C. 9081 note]
h) National Security Presidential Memorandum 20—Launch of Spacecraft Containing Space Nuclear Systems (August 20, 2019)
i) Executive Order 13906—Amending Executive Order 13803—Reviving the National Space Council (February 13, 2020)
j) Executive Order 13905—Strengthening National Resilience Through Responsible Use of Positioning, Navigation, and Timing Services (February 12, 2020) [6 U.S.C. 651 note]
k) Executive Order 13914—Encouraging International Support for the Recovery and Use of Space Resources (April 6, 2020) [51 U.S.C. 51302 note]
l) Space Policy Directive 5—Cybersecurity Principles for Space Systems (September 4, 2020) [set out above]
1. It is the shared interest of all nations to act responsibly in space to ensure the safety, stability, security, and long-term sustainability of space activities. Responsible space actors operate with openness, transparency, and predictability to maintain the benefits of space for all humanity.
2. A robust, innovative, and competitive commercial space sector is the source of continued progress and sustained United States leadership in space. The United States remains committed to encouraging and facilitating the continued growth of a domestic commercial space sector that is globally competitive, supports national interests, and advances United States leadership in the generation of new markets and innovation-driven entrepreneurship.
3. In this resurgent era of space exploration, the United States will expand its leadership alongside nations that share its democratic values, respect for human rights, and economic freedom. Those values will extend with us to all space destinations as the United States once again steps beyond Earth, starting with the Moon and continuing to Mars.
4. As established in international law, outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The United States will pursue the extraction and utilization of space resources in compliance with applicable law, recognizing those resources as critical for sustainable exploration, scientific discovery, and commercial operations.
5. All nations have the right to explore and to use space for peaceful purposes and for the benefit of all humanity, in accordance with applicable law. Consistent with that principle, the United States will continue to use space for national security activities, including for the exercise of the inherent right of self-defense. Unfettered access and freedom to operate in space is a vital national interest.
6. The United States considers the space systems of all nations to have the right to pass through and conduct operations in space without interference. Purposeful interference with space systems, including supporting infrastructure, will be considered an infringement of a nation's rights. Consistent with the defense of those rights, the United States will seek to deter, counter, and defeat threats in the space domain that are hostile to the national interests of the United States and its allies. Any purposeful interference with or an attack upon the space systems of the United States or its allies that directly affects national rights will be met with a deliberate response at a time, place, manner, and domain of our choosing.
1. Promote and incentivize private industry to facilitate the creation of new global and domestic markets for United States space goods and services, and strengthen and preserve the position of the United States as the global partner of choice for international space commerce.
2. Encourage and uphold the rights of nations to use space responsibly and peacefully by developing and implementing diplomatic, economic, and security capabilities and strategies to identify and respond to behaviors that threaten those rights.
3. Lead, encourage, and expand international cooperation on mutually beneficial space activities that broaden and extend the benefits of space for all humanity; further the exploration and use of space for peaceful purposes; protect the interests of the United States, its allies, and partners; advance United States interests and values; and enhance access to space-derived information and services.
4. Create a safe, stable, secure, and sustainable environment for space activities, in collaboration with industry and international partners, through the development and promotion of responsible behaviors; improved practices for the collection and sharing of information on space objects; protection of critical space systems and supporting infrastructures, with special attention to cybersecurity and supply chains; and measures to mitigate orbital debris.
5. Increase the assurance of national critical functions enabled by commercial, civil, scientific, and national security spacecraft and supporting infrastructure against disruption, degradation, and destruction through the development and fielding of materiel and non-materiel capabilities and rehearsal of continuity of operations practices.
6. Extend human economic activity into deep space by establishing a permanent human presence on the Moon, and, in cooperation with private industry and international partners, develop infrastructure and services that will enable science-driven exploration, space resource utilization, and human missions to Mars.
7. Increase the quality of life for all humanity through the cultivation, maturation, and development of space-enabled scientific and economic capabilities, including space and Earth resource discovery, management, and utilization; space and Earth weather and environmental monitoring and prediction; disaster monitoring, prediction, response, and recovery; and planetary defense.
8. Preserve and expand United States leadership in the development of innovative space technologies, services, and operations. Work with likeminded international and private partners, to prevent the transfer of sensitive space capabilities to those who threaten the interests of the United States, its allies, and its supporting industrial base.
Heads of agencies with representation on the National Space Council shall designate a senior official with responsibility for overseeing their respective agency's implementation of the National Space Policy. This official shall periodically report to the National Space Council on the progress of implementation of this policy within respective agencies.
1. Foundational Activities and Capabilities. Foundational activities and capabilities enable the United States to fulfill the principles and goals directed in this policy.
(a) Strengthen United States Leadership in Space-related Science and Technology. Heads of agencies shall:
i. Reinforce United States technological leadership by promoting technology development; improved industrial capacity; a robust supplier base; and science, technology, engineering, and mathematics (STEM) education opportunities necessary to support United States leadership in space innovation;
ii. Conduct basic and applied research that increases space capabilities and decreases costs, if such research is best supported by the Government; and
iii. Encourage commercial space innovation and entrepreneurship through targeted investment in promising technologies that improve the Nation's leadership in space operations.
(b) Strengthen and Secure the United States Space Industrial Base. To further foster the security and resilience of the domestic space industrial base, heads of agencies, to the maximum extent practicable and consistent with applicable law, shall:
i. Promote the availability of space-related industrial capabilities in support of national critical functions;
ii. Identify suppliers and manufacturers key to the United States space-related science, technology, and industrial bases and incentivizing them to remain in, or return to, the United States;
iii. Support innovative entrepreneurial space companies through appropriate deregulatory actions;
iv. Strengthen the security, integrity, and reliability of the supply chains of United States space-related science, technology, and industrial bases by identifying and eliminating dependence on suppliers owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries, and engaging with United States and international industrial partners to improve processes and effectively manage and secure supply chains; and
v. Incorporate cybersecurity principles across all phases of space systems design, development, acquisition, and deployment.
(c) Enhance Capabilities for Assured Access to Space. United States access to space depends in the first instance on assured launch capabilities. To the extent consistent with applicable law, United States Government payloads shall be launched on vehicles manufactured in the United States, unless approved for foreign launch in support of:
i. No-exchange-of-funds agreements involving international scientific programs, launches of scientific instruments on international spacecraft, or other cooperative government-to-government agreements;
ii. Launches of secondary-technology demonstrators or scientific payloads for which no United States launch service is available;
iii. Hosted payload arrangements on spacecraft not owned by the United States Government; or
iv. Other circumstances on a case-by-case exemption as coordinated by the Assistant to the President for National Security Affairs and the Director of the Office of Science and Technology Policy, consistent with established interagency standards and coordination guidelines.
v. To the maximum extent practicable and consistent with their responsibilities and applicable law, the heads of agencies shall:
1. Work collaboratively to acquire space launch services and hosted Government payload arrangements that are secure, reliable, cost-effective, and responsive to United States Government needs;
2. Enhance operational efficiency, increase capacity, and reduce launch costs by investing in the modernization of space launch infrastructure;
3. Permit the launch of United States Government spacecraft manufactured in the United States from territories of allied and likeminded nations when launched on vehicles manufactured in the United States; and
4. When sufficient United States commercial capabilities and services do not exist, support industry-led efforts to rapidly develop new and modernized launch systems and technologies necessary to assure and to sustain future reliable, resilient, and efficient access to space.
(d) Safeguard Space Components of Critical Infrastructure. The space domain is important to the function of critical infrastructure vital to the security, economy, resilience, public health, and safety of the United States. Multiple infrastructure sectors depend on reliable access to space-based systems to perform their functions.
i. The United States will develop strategies, capabilities, and options to respond to any purposeful interference with or attack on the space systems of the United States or its allies that directly affects national rights, especially those necessary for the operation of the Nation's critical infrastructure. Such strategies, capabilities, and options will allow for a deliberate response at a time, place, manner, and domain of its choosing.
ii. The Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, in consultation with other heads of agencies, as appropriate, shall develop and maintain focused threat and risk assessments on the effect of deleterious actions in the space domain to the Nation's critical infrastructure.
(e)
i. Provide continuous worldwide access, for peaceful civil uses, to the Global Positioning System (GPS) and its Government-provided augmentations, free of direct user fees;
ii. Engage with international GNSS providers to ensure compatibility, encourage interoperability with likeminded nations, promote transparency in civil service provision, and enable market access for United States industry;
iii. Operate and maintain the GPS constellation to satisfy civil and national security needs, consistent with published performance standards and interface specifications;
iv. Improve the cybersecurity of GPS, its augmentations, and federally owned GPS-enabled devices, and foster commercial space sector adoption of cyber-secure GPS enabled systems consistent with cybersecurity principles for space systems;
v. Allow for the continued use of allied and other trusted international PNT services in conjunction with GPS in a manner that ensures the resilience of PNT services and is consistent with applicable law;
vi. Invest in domestic capabilities and support international activities to detect, analyze, mitigate, and increase resilience to harmful interference to GNSS;
vii. Identify and promote, as appropriate, multiple and diverse complementary PNT systems or approaches for critical infrastructure and mission-essential functions; and
viii. Promote the responsible use of United States space-based PNT services and capabilities in civil and commercial sectors at the Federal, State, and local levels, including the utilization of multiple and diverse complementary PNT systems or approaches for national critical functions.
(f) Develop and Retain Space Professionals. The primary goals of space professional development are to achieve mission success in space operations and acquisition; stimulate innovation to improve commercial, civil, and national security space capabilities; and advance science, exploration, and discovery. Toward these ends, the heads of agencies, in cooperation with industry and academia, as appropriate, shall:
i. Establish standards for accession and career progression;
ii. Seek to create educational and professional development opportunities for the current space workforce, including internships and fellowships, and to implement measures to recruit, develop, maintain, and retain skilled space professionals, including engineering and scientific personnel and experienced space system developers and operators, across Government and commercial sectors;
iii. Promote and expand public-private partnerships within space and technology industries to foster transdisciplinary educational achievement in STEM programs, supported by targeted investments in such initiatives;
iv. Promote the exchange of scientists, engineers, and technologists among Federal laboratories, universities, and the commercial space sector to facilitate the exchange of diverse ideas and to build capacity in space technical knowledge and skills;
v. Develop the means to recruit and to employ qualified and skilled space professionals from likeminded nations to increase United States leadership in space commerce, science, exploration, and security; and
vi. Support training and education in key enabling scientific and engineering disciplines, including: artificial intelligence and machine learning, autonomy, orbital mechanics, collision avoidance methods, robotics, computer science and engineering, digital design and engineering, electromagnetics, materials science, hypersonics, geoscience, quantum-related technologies and applications, and cybersecurity.
(g) Improve Space System Development and Procurement. The heads of agencies shall:
i. Improve timely acquisition and deployment of space systems through enhancements in estimating costs, assessing technological risk and maturity, and leveraging and understanding emerging industrial base capabilities and capacity;
ii. Reduce programmatic risk through improved management of program requirements, reduce the use of cost-plus contracts, where appropriate, and take advantage of cost-effective opportunities to test high-risk components, payloads, and technologies in digital, space, or other relevant environments;
iii. Create opportunities to strengthen and to develop pertinent expertise in the Government workforce through internships and fellowships with the commercial space sector;
iv. Pursue and endorse cooperative research and development agreements;
v. Incorporate rapid prototyping, experimentation, and other efforts to accelerate development cycles to improve performance and to reduce costs;
vi. Embrace innovation to cultivate and to sustain an entrepreneurial United States research and development environment;
vii. Engage with the industrial base to improve processes and effectively manage and secure supply chains; and
viii. Promote, where consistent with applicable rules and regulations concerning Government contracting, procurement of critical materials and sub-tier components, such as solar cells and microelectronics, from domestic and other trusted sources of supply.
(h) Strengthen Interagency and Commercial Partnerships. As facilitated by the Executive Secretary of the National Space Council, the heads of agencies shall, consistent with applicable law:
i. Strengthen existing partnerships and pursue new partnerships among interagency members, the United States commercial space and related sectors, and United States academic institutions through cooperation, collaboration, information sharing, innovative procurements, and alignment of common pursuits to achieve United States goals;
ii. Encourage the sharing of capabilities and the exchange of expertise among agencies and, to the maximum extent practicable, with the United States commercial sectors to strengthen the Nation's ability to pursue its strategic goals;
iii. Develop implementation and response strategies and leverage United States capabilities to increase technology innovation and achieve desired outcomes involving space operations relating to science, public safety, national security, and economic growth.
2. International Cooperation.
(a) Strengthen United States Leadership in Space. The heads of agencies, in collaboration with the Secretary of State, shall:
i. Demonstrate United States leadership in space-related fora and activities to strengthen deterrence and assure allies and partners of its commitment to preserving the safety, stability, security, and long-term sustainability of space activities;
ii. Identify areas of mutual interest and benefit, such as collective self-defense and the promotion of secure and resilient space-related infrastructure;
iii. Lead the enhancement of safety, stability, security, and long-term sustainability in space by promoting a framework for responsible behavior in outer space, including the pursuit and effective implementation of best practices, standards, and norms of behavior;
iv. Encourage other nations to adopt United States space regulatory approaches and commercial space sector practices;
v. Encourage interoperability among United States, allied, and partner space systems, services, and data;
vi. Facilitate new market opportunities for United States commercial space capabilities and services, including commercial applications that rely on United States Government-provided space systems;
vii. Promote the adoption of policies and practices internationally that facilitate full, open, and timely access to Government space-derived environmental data on a reciprocal basis;
viii. Promote appropriate burden-, cost-, and risk-sharing among international partners; and
ix. Augment United States capabilities by leveraging existing and planned space capabilities of allies and partners.
(b) Identify and Expand Areas for International Cooperation. The heads of agencies shall identify potential areas for international cooperation across the spectrum of commercial, civil, and national security space activities that increase the understanding of Earth and space sciences, expand the detection of hazardous near-Earth objects, ensure the freedom of operation in and through space, increase the quality and safety of life on Earth, extend human presence and economic activity beyond low Earth orbit, and reduce the cost of achieving the Nation's goals.
i. The Secretary of State, in coordination with the heads of agencies, shall:
1. Carry out diplomatic and public diplomacy efforts to strengthen the understanding of, and support for, United States national space policies and programs and to promote the international use of United States space capabilities, systems, and services;
2. Encourage international support for the recovery and use of outer space resources;
3. Lead the consideration of proposals and concepts for arms control measures if they are equitable, effectively verifiable, and enhance the national security of the United States and its allies;
4. Pursue bilateral and multilateral transparency and confidence-building measures to encourage responsible actions in, and the peaceful use of, outer space to strengthen the safety, stability, security, and long-term sustainability of space activities, to increase predictability and reduce the risk of misunderstanding and inadvertent conflict escalation; and
5. Cooperate with likeminded international partners to establish standards of safe and responsible behavior, including openness, transparency, and predictability, to facilitate the detection, identification, and attribution of actions in space that are inconsistent with the safety, stability, security, and long-term sustainability of space activities.
ii. The Director of the Office of Science and Technology Policy, in coordination with the Administrator of the National Aeronautics and Space Administration (NASA), the Secretary of Commerce, and the heads of other agencies as appropriate, shall lead the development of national and international planetary protection guidelines, working with scientific, commercial, and international partners, for the appropriate protection of planetary bodies and Earth from harmful biological contamination.
3. Preserving the Space Environment to Enhance the Long-term Sustainability of Space Activities.
(a) Preserve the Space Environment. To preserve the space environment for responsible, peaceful, and safe use, and with a focus on minimizing space debris the United States shall:
i. Continue leading the development and adoption of international and industry standards and policies, such as the Guidelines for the Long-term Sustainability of Outer Space Activities and the Space Debris Mitigation Guidelines of the United Nations Committee on the Peaceful Uses of Outer Space;
ii. Continue to make available basic space situational awareness (SSA) data, and provide for basic space traffic coordination (including conjunction and reentry notifications), free of direct user fees while supporting new opportunities for United States commercial and non-profit products and services;
iii. Develop, maintain, and use SSA information from commercial, civil, and national security sources in an open architecture data repository to detect, identify, and attribute actions in space that are inconsistent with the safety, stability, security, and the long-term sustainability of space activities;
iv. Develop and maintain space flight safety standards and best practices to coordinate space traffic;
v. Ensure that, consistent with international obligations, timely and accurate information concerning United States space objects launched into Earth orbit or beyond is entered into the United States domestic space object registry maintained by the Secretary of State and internationally registered with the United Nations as soon as practicable;
vi. Limit the creation of new debris, consistent with mission requirements and cost effectiveness, during the procurement and operation of spacecraft, launch services, and conduct of tests and experiments in space by following and periodically updating the United States Government Orbital Debris Mitigation Standard Practices;
vii. Regularly assess existing guidelines for non-government activities in or beyond Earth orbit, and maintain a timely and responsive regulatory environment for licensing those activities, consistent with United States law and international obligations;
viii. Pursue research and development of technologies and techniques to characterize and to mitigate risks from orbital debris, reduce hazards, and increase understanding of the current and future debris environment;
ix. Evaluate and pursue, in coordination with allies and partners, active debris removal as a potential long-term approach to ensure the safety of flight in key orbital regimes;
x. Require approval of exceptions to the United States Government Orbital Debris Mitigation Standard Practices from the head of the sponsoring agency and notification to the Secretary of State; and
xi. Continue to foster the development of best practices to prevent on-orbit collisions by collaborating with the commercial space sector and likeminded nations to: maintain and improve space object databases; pursue common international data standards and integrity measures; provide services and disseminate orbital tracking information, including predictions of space-object conjunctions, to commercial and international entities; and expand SSA to deep space.
(b) Effective Export Policies.
i. The United States will work to stem the flow of advanced space technology to unauthorized parties while ensuring the competitiveness of the United States space industrial base. The heads of agencies are responsible for protecting against adverse technology transfer in the conduct of their programs.
ii. The United States Government shall:
1. Consider letters of request and the issuance of licenses for space-related exports on a case-by-case basis, pursuant to, and in accordance with, the International Traffic in Arms Regulations (ITAR), the Conventional Arms Transfer Policy, the Export Administration Regulations, and other applicable laws and commitments;
2. Encourage the export of space-related items when doing so would not threaten the national interest;
3. Make eligible for streamlined authorization the export of space-related items that are generally available in the global marketplace, do not provide critical military functions, and are destined for certain allied or partner countries.
iii. Consistent with the foregoing, and consistent with existing law and regulation, license applications for exports of space-related items will be subject to a presumption of denial when destined for arms-embargoed destinations or other embargoed destinations.
iv. Sensitive or advanced spacecraft-related exports may require government-to-government transfers through the Foreign Military Sales process. The Secretary of State shall determine whether current arms transfer and nonproliferation policy directives provide sufficient guidance for the transfer of emerging technologies and space capabilities.
(c) Space Nuclear Power and Propulsion.
i. The United States will develop and use space nuclear power and propulsion (SNPP) systems where such systems enable achievement of United States scientific, national security, and commercial objectives. The United States will adhere to principles of safety, stability, security, and long-term sustainability in its development and utilization of space nuclear systems. In accordance with the National Security Policy Memorandum–20 Presidential Memorandum on Launch of Spacecraft Containing Space Nuclear Systems (August 20, 2019), authorization for launches of spacecraft containing space nuclear systems shall follow a tiered process based on the characteristics of the system, level of potential hazard, and national security considerations.
ii. The Administrator of NASA and the Secretary of Defense shall conduct and support design, development, and utilization of space nuclear systems, as appropriate, to enable and achieve their respective mission objectives.
iii. The Secretary of Energy shall support the design, development, and utilization of SNPP systems to enable and achieve the scientific, exploration, and national security objectives of the United States, in coordination with sponsoring agencies and other entities, as appropriate. The Secretary of Energy shall maintain, on a full cost recovery basis, the capability and infrastructure to develop, furnish, and conduct safety analyses for space nuclear systems for use in United States Government space systems.
iv. The Secretary of Energy, in cooperation with the Secretary of Homeland Security and the heads of appropriate agencies, shall provide technical and operational support to the launch of SNPP systems to prepare for and respond to any potential radiological impacts of a launch to ensure the protection of public health and safety.
v. The Secretary of Commerce, in coordination with other appropriate agencies, shall promote responsible United States commercial space nuclear system investment, innovation, and operations.
vi. The Secretary of Transportation shall, in consultation with other applicable agencies, serve as the licensing authority for commercial launches of space nuclear systems.
(d) Protection of Electromagnetic Spectrum. In matters pertaining to the electromagnetic spectrum the United States shall:
i. Seek to protect access to, and operation in, the electromagnetic spectrum and related orbital assignments required to support the use of space by the United States Government, its allies, and partners, and United States commercial users;
ii. Preserve and protect the electromagnetic spectrum required to sustain existing and emergent space-based capabilities, including communications, navigation, and Earth observation;
iii. Explicitly address requirements for electromagnetic spectrum and orbital assignments prior to approving acquisition of space capabilities;
iv. Coordinate stable and predictable national and international regulatory frameworks to enable and support the competitiveness of space services and systems licensed by the United States;
v. Seek to remove or to streamline regulatory impediments that may discourage commercial space communications providers from obtaining licenses from the United States;
vi. Conduct and publish thorough operational, technical, and policy impact assessments, in coordination with Government space system operators, prior to reallocating spectrum for commercial, Government, or shared use;
vii. Enhance capabilities and techniques, in cooperation with commercial, civil, and international partners, to detect, identify, locate, and attribute sources of radio frequency interference, and to take necessary measures to sustain the electromagnetic environment in which critical United States space systems operate;
viii. Seek appropriate regulatory approval under United States domestic regulations for United States Government Earth stations operating with commercially owned satellites, consistent with the regulatory approvals granted to analogous commercial Earth stations; and
ix. Prioritize research and development of advanced technologies, innovative spectrum-utilization methods, and spectrum-sharing tools and techniques that increase spectrum access, efficiency, and effectiveness.
(e) Cybersecurity for United States Space Systems. In matters relating to cybersecurity for space systems the United States Government shall:
i. Seek to ensure space systems and their supporting infrastructure, including software, are designed, developed, and operated using risk-based, cybersecurity-informed engineering;
ii. Collaborate with industry and encourage development and integration of cybersecurity plans for space systems that mitigate unauthorized access to critical space system functions, reduce vulnerabilities, protect ground systems, promote cybersecurity hygiene practices, and manage supply chain risks;
iii. Collaborate with interagency, allied, partner, and commercial space system operators to promote the development and adoption of best practices and mitigations;
iv. Leverage widely adopted best practices and standards in the creation of rules and regulations, as appropriate; and
v. Determine appropriate cybersecurity measures for Government space systems through a mission risk assessment specific to a space system's design and operations.
(f) Assurance of National Critical Functions. The United States Government, in cooperation with private and public sectors, shall:
i. Assure space-enabled national critical functions by developing the techniques, measures, relationships, and capabilities necessary to maintain continuity of services;
ii. Pursue efforts to enhance the protection, cybersecurity, and resilience of selected spacecraft and supporting infrastructure;
iii. Periodically conduct operationally-focused exercises to test the continuity of national critical functions and Federal mission assurance in a degraded or denied space environment due to natural or manmade disruptions;
iv. Incorporate the simulated disruption of space systems into interagency and national exercises; and
v. Address mission assurance and architectural resilience through the design, acquisition, command and control, exercise, and operation of materiel and non-materiel space and non-space capabilities.
1. Commercial Space Guidelines.
The term "commercial," for the purposes of this policy, refers to goods, services, or activities provided by private sector enterprises that bear a reasonable portion of the investment risk and responsibility for the activity, operate in accordance with typical market-based incentives for controlling cost and optimizing return on investment, and have the legal capacity to offer those goods or services to existing or potential non-governmental customers.
A United States commercial space sector that leads in the global space marketplace is foundational to national strategic objectives that include increased and sustained prosperity, free market principles, enhanced international partnerships and collaboration, technological innovation, and scientific discovery, and is vital to United States and allied security.
(a) Promoting a Robust Commercial Space Industry. To promote a robust domestic commercial space industry and strengthen United States leadership as the country of choice for conducting commercial space activities, the heads of agencies shall:
i. Purchase and use United States commercial space capabilities and services, to the maximum practical extent under existing law, when such capabilities and services meet United States Government requirements;
ii. Prioritize partnerships with commercial industry to meet Government requirements through the modification of existing commercial space capabilities and services when potential system modifications represent a cost-effective and timely acquisition approach for the Government and are consistent with system and mission-security practices and principles;
iii. Consider inventive, nontraditional arrangements for acquiring commercial space goods and services to meet United States Government requirements, including measures such as hosting Government capabilities on commercial spacecraft, purchasing scientific or operational data from commercial satellite operators in support of Government missions, leveraging satellite servicing or on-orbit manufacturing, and public-private partnerships;
iv. Develop Government space systems only when in the national interest and no suitable or cost-effective United States commercial or, as appropriate, international commercial capability or service is available or could be available in time to meet Government requirements;
v. Refrain from conducting United States Government space activities that preclude, discourage, or compete with United States commercial space activities, unless required by national security or public safety;
vi. Pursue opportunities for transferring routine operational space functions to the commercial space sector where beneficial and cost-effective and consistent with legal, security, or safety needs;
vii. Cultivate increased technological innovation and entrepreneurship and provide alternatives to predatory foreign investment in the commercial space sector through the use of incentives such as prizes, competitions, and competitive grants;
viii. Ensure that United States Government space technology and infrastructure are made available for commercial use on a reimbursable, non-interference and equitable basis to the maximum practical extent, consistent with applicable laws and national security interests;
ix. Promote continued commercial United States leadership in space by making available, consistent with applicable laws and national security, commercially relevant technologies developed by Federal research and development programs to United States industry;
x. Create transparent regulatory processes that minimize, consistent with national security and public safety, the regulatory burden and uncertainty for commercial space activities and that are flexible so as to accommodate and to adapt to technical development, business innovation, and market demands;
xi. Encourage State and local governments to support the commercial space sector for the purposes of cultivating a technically skilled work force, diversifying innovation potential, and stimulating economic growth;
xii. Foster fair and open global trade and commerce through the promotion of standards and regulations that have been developed with input from United States industry;
xiii. Encourage the purchase and use of United States commercial space services and capabilities in international cooperative arrangements;
xiv. Encourage the growth of United States commercial human space exploration, including logistical provisioning, delivery, and the continued commercialization of operations in and beyond low Earth orbit, and the use of microgravity as a domain for research and development; and
xv. Promote the export of United States commercial space goods and services, including those developed by small and medium-sized enterprises, for use in international markets, consistent with United States export controls and national security objectives.
(b) International Trade Agreements. The United States Trade Representative (USTR) has the primary responsibility for international trade agreements to which the United States is a party. USTR, in consultation with other relevant heads of agencies, will lead any effort relating to the negotiation and implementation of trade disciplines governing trade in goods and services related to space.
(c) Mission Authorization of Novel Activities. The Secretary of Commerce, in coordination with the National Space Council, shall:
i. Identify whether any planned space activities fall beyond the scope of existing authorization and supervision processes necessary to meet international obligations; and
ii. Lead, if necessary, the development of minimally burdensome, responsive, transparent, and adaptive review, authorization, and supervision processes for such activities, consistent with national security and public safety interests, with a presumption of approval and prompt appeals process.
(d) Foster the Development of Space Collision Warning Measures. The Secretary of Commerce, in consultation with the Secretaries of State, Defense, and Transportation, the Administrator of NASA, and the heads of other agencies, shall collaborate, consistent with applicable law, with industry and foreign nations to:
i. Maintain and improve space object identification databases;
ii. Pursue common international data standards and data integrity measures;
iii. Disseminate orbital tracking information to commercial and international entities, including predictions of space object conjunctions;
iv. Enhance the common understanding of resident space objects;
v. Develop and implement standard practices for conjunction assessment operations to ensure the safety of flight of all space operations, across all orbital regimes; and
vi. Develop common commercial operating guidelines and propose licensing requirements, consistent with respective agency mission and authorities, for large constellations, rendezvous and proximity operations, satellite servicing, small satellites, end-of-mission planning, and other classes of space operations.
2. Civil Space Guidelines.
(a) Space Science, Exploration, and Discovery. The United States shall lead an innovative and sustainable program of scientific discovery, technology development, and space exploration with commercial and international partners to enable human expansion across the solar system and to bring back to Earth new knowledge and opportunities. Beginning with missions beyond low Earth orbit, the United States will lead the return of humans to the Moon for long-term exploration and utilization, followed by human missions to Mars and other destinations.
(b) The Administrator of NASA, in collaboration with other appropriate agencies, Federal laboratories, and commercial partners, shall, consistent with applicable law:
i. Lead a program to land the next American man and the first American woman on the Moon by 2024, followed by a sustained presence on the Moon by 2028, and the subsequent landing of the first human on Mars;
ii. Continue the operation of the International Space Station (ISS) in cooperation with international partners for scientific, technological, commercial, diplomatic, and educational purposes while developing separate commercial platforms to sustain continuous United States presence in and utilization of low Earth orbit and to transition beyond ISS operations;
iii. Develop partnerships to foster new economic activities in and beyond low Earth orbit that enable NASA and other customers to purchase services and capabilities at lower cost;
iv. In consultation with international and commercial partners as appropriate, support activities that include the presence of humans in space; maintain continuous human presence in Earth orbit by transitioning from ISS to commercial platforms and services; and continue to support future objectives in human space exploration;
v. Continue as the launch agent for the civil space sector while utilizing commercial space capabilities and services to the maximum practical extent;
vi. Continue to grow partnerships with the commercial space sector to enable safe, reliable, and cost-effective transport of crew and cargo to destinations in low Earth and cislunar orbits, and to the lunar surface;
vii. Lead space exploration technology development efforts in collaboration with industry, academia, and international partners to increase capabilities for future human and robotic space exploration missions while decreasing mission costs;
viii. Maintain a sustained robotic presence in the solar system with international and commercial partners to: prepare for future human missions; conduct scientific investigations; map and characterize water, mineral, and elemental resources; and demonstrate new technologies;
ix. Conduct space science for observations, research, and analysis of the Sun, space weather, the solar system, and the universe to enhance knowledge of the cosmos, advance scientific understanding, understand the conditions that may support the development of life, and search for planetary bodies and Earth-like planets in orbit around other stars;
x. Pursue capabilities, in cooperation with other agencies, commercial, and international partners, to detect, track, catalog, and characterize near Earth objects to warn of any predicted Earth impact and to identify potentially resource-rich planetary objects; and
xi. Develop options, in collaboration with other agencies, and international partners, for planetary defense actions both on Earth and in space to mitigate the potential effects of a predicted near Earth object impact or trajectory.
(c) Observation of the Earth's Surface, Environment, and Weather. To continue and to enhance a broad array of programs of space-based observation, research, and analysis of the Earth's surface, oceans, and atmosphere and their interactions, and to improve life on Earth:
i. The Administrator of NASA, in coordination with the heads of other appropriate agencies, shall conduct a program of research to understand Earth's interconnected systems, including the development of new Earth observing satellites for other agencies to use for operational purposes.
ii. The Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration (NOAA), shall be responsible for the requirements, funding, and operation of civil environmental satellites and data-gathering in support of atmospheric and space weather forecasting. NOAA may utilize NASA as the acquisition agent for operational environmental satellites for those activities and programs.
iii. The Secretary of Commerce, through the Administrator of NOAA, and the Secretary of Defense, through the Secretary of the Air Force, in coordination with the Administrator of NASA and the heads of other appropriate agencies, shall:
1. Continue existing coverage responsibilities;
2. Develop a plan to provide Earth environmental satellite observation capabilities, including ground systems for operations, that meet current and future civil and national security requirements; and
3. Ensure the continued sharing of data from all systems.
iv. In support of operational requirements the Secretary of Commerce, in coordination with the Secretary of Defense, the Administrator of NASA, and the heads of other appropriate agencies, shall:
1. Collaborate with academia, the commercial sector, and international partners to ensure uninterrupted operational environmental satellite observations using cost-effective, resilient methods to acquire global meteorological satellite data;
2. Coordinate, as practicable, on future satellite and ground system architectures to reduce duplication of space acquisition processes and capabilities;
3. Utilize international partnerships to sustain and enhance a robust Earth observations program that meets civil and national security requirements, including weather, climate, ocean, and coastal observations; and
4. Purchase commercial environmental data for use in meteorological and space weather models when appropriate.
v. The Director of the Office of Science and Technology Policy, in consultation with the Assistant to the President for National Security Affairs, shall coordinate the implementation of the National Space Weather Strategy and Action Plan. The goals of this strategy are to: enhance the protection of Government and commercial systems against the effects of space weather; disseminate accurate and timely space weather characterization and forecasts; and establish plans and procedures for responding to and recovering from space weather events. Agencies contributing to the United States Government Earth science enterprise shall pursue innovative partnerships with the commercial sector to make their agency's Earth observation data more easily discoverable, accessible, and usable to the public.
(d) Land Remote Sensing.
i. The Secretary of the Interior, through the Director of the United States Geological Survey (USGS), shall:
1. Conduct integrated predictive science, which includes research, monitoring, assessments, and modeling, on natural and human-induced changes to Earth's land, land cover, and inland surface waters, and manage a national global land surface data archive and its distribution;
2. Determine the operational requirements for collecting, processing, archiving, and distributing land surface data to the United States Government and other users;
3. Use international and commercial partnerships to help sustain and enhance land surface observations from space; and
4. Utilize, consistent with national security classification guidelines and sharing agreements and in coordination with the Secretary of Defense and the Director of National Intelligence, remote sensing information related to the environment and to disasters that is acquired from national security space systems.
ii. The Secretary of the Interior, through the Director of the USGS, and the Administrator of NASA shall work together to maintain a sustainable land-imaging program for operational land remote sensing observations that meets the needs of core United States users and leverages government, commercial, and international capabilities.
iii. The Administrators of NASA and NOAA, and the Director of the USGS shall:
1. Collaborate, as practicable, on future satellite and ground system architectures to ensure that civil space acquisition processes and capabilities are not unnecessarily duplicated; and
2. Continue to develop civil applications and information tools based on data collected by Earth observation satellites. They shall, to the maximum extent practicable, develop those applications and tools using known standards and open protocols and make data and applications from United States Government satellites openly available to the public.
i[v]. The Secretary of Commerce shall license and regulate private remote sensing systems consistent with the recognition that long-term United States national security and foreign policy interests are best served by ensuring that United States industry continues to lead the rapidly maturing and highly competitive commercial space-based remote sensing market. The Secretary of Commerce shall consult with the Secretary of State and Secretary of Defense in these matters in accordance with applicable law.
3. National Security Space Guidelines.
(a) The United States seeks a secure, stable, and accessible space domain, which has become a warfighting domain as a result of competitors seeking to challenge United States and allied interests in space.
(b) Strength and security in space contribute to United States and international security and stability. It is imperative that the United States adapt its national security organizations, policies, strategies, doctrine, security classification frameworks, and capabilities to deter hostilities, demonstrate responsible behaviors, and, if necessary, defeat aggression and protect United States interests in space through:
i. Robust space domain awareness of all activities in space with the ability to characterize and attribute potentially threatening behavior;
ii. Communicating to competitors which space activities the United States considers undesirable or irresponsible, while promoting, demonstrating, and communicating responsible norms of behavior;
iii. Assured, credible, and demonstrable responses to defend vital national interests in space;
iv. Resilient space-enabled missions that reduce the impact or deny the effectiveness of adversaries' actions; and
v. Synchronized diplomatic, information, military, and economic strategies that:
1. Deter adversaries and other actors from conducting activities that may threaten the peaceful use of space by the United States, its allies, and partners; and
2. Compel and impose costs on adversaries to cease behaviors that threaten the peaceful use of space by the United States, its allies, and partners.
(c) The United States Space Force will pursue these objectives as the primary branch of the United States Armed Forces responsible for organizing, training, and equipping forces capable of projecting power in, from, and to space to defend United States national interests; protecting the freedom of operation in, from, and to the space domain; and enhancing the lethality and effectiveness of the Joint Force. The United States Space Force, and other branches of the Armed Forces as appropriate, will also present forces to the United States Space Command, and to the other Combatant Commands as appropriate, to deliver combat and combat support capabilities necessary to enable prompt and sustained offensive and defensive space operations, and to provide space support to joint operations in all domains.
(d) Synchronized National Security Space.
i. The space domain is a priority intelligence and military operational domain for the United States. The United States Intelligence Community and Department of Defense use space capabilities to provide strategic, operational, and tactical intelligence and decisive military advantages to the Nation.
ii. The Secretary of Defense and the Director of National Intelligence, in consultation with the heads of other appropriate agencies, Federal laboratories, and, as appropriate, in partnership with United States industry, shall:
1. Develop, acquire, and operate space systems and supporting information systems and networks to aid United States national security interests and to enable defense and intelligence operations;
2. Procure resilient space capabilities and services to provide defense and intelligence operations during times of competition and armed conflict;
3. Develop and apply advanced technologies, capabilities, and concepts that anticipate and rapidly respond to changes in the threat environment and improve the timeliness and quality of intelligence and data to support operations;
4. Identify and characterize current and future threats to United States space missions for the purposes of enabling effective deterrence and defense;
5. Develop resilient, cost-effective architectures and accelerate acquisition and fielding of space capabilities with sufficient capacity to increase the resilience of space-enabled missions and to expand the ability to field or to rapidly reconstitute space capabilities based on the strategic environment;
6. Develop, implement, and exercise plans, procedures, techniques, and capabilities necessary to assure critical national security space-enabled missions;
7. Protect and defend United States national security space assets through integration and synchronization of operational command and control capabilities and activities that foster seamless execution between the Intelligence Community and Department of Defense;
8. Promote, in collaboration with the Secretary of State, norms of behavior for responsible national security space activities that protect United States, allied, and partner interests in space;
9. Ensure cost-effective resilience of space capabilities and assurance of space-enabled missions, including supporting information systems and networks, commensurate with their planned use and taking into account the value these systems provide in countering or mitigating threats, the consequences of their loss or degradation, and the availability of other means to perform the mission;
10. Expand and increase emphasis on disruptive and emerging commercial space capabilities and provide assessments to United States and allied leadership on the effects of these capabilities on national security;
11. Integrate cybersecurity into space operations and capabilities to retain positive control of space systems and verify the integrity of critical functions, missions, and services they provide;
12. Improve, develop, integrate, demonstrate, and proliferate in cooperation with relevant interagency, international, intergovernmental, and commercial entities, space domain awareness capabilities to predict, detect, warn, characterize, and attribute human-caused and naturally occurring activities that pose threats to space systems of United States interest;
13. Provide to the Department of Commerce and other agencies, as necessary, SSA information that supports national security, civil, and human space flight activities, planetary defense from hazardous near-Earth objects, and commercial and allied space operations;
14. Collaborate with allies and partners actively engaging in space security and intelligence operations to incentivize and institute mechanisms for the exchange of relevant space, and space-related information; and
15. Collaborate with the Secretaries of Commerce and Energy, the Administrator of NASA, and the heads of other relevant agencies to periodically review the health and competitiveness of the United States space industrial base to determine whether the domestic space industry can meet the technical requirements, production, and service of national security space programs.
(e) Department of Defense.
i. The Secretary of Defense shall:
1. Defend the use of space for United States national security purposes, the United States economy, allies, and partners;
2. Protect freedom of navigation and preserve lines of communication that are open, safe, and secure in the space domain;
3. Ensure that space capabilities are of sufficient capability and capacity to enable decisive offensive and defensive space operations vital to defending United States, allied, and partner interests in space while continuing to sustain support to joint operations;
4. Conduct operations in, from, and through space to deter conflict, and if deterrence fails, to defeat aggression while protecting and defending United States vital interests with allies and partners;
5. Provide, as launch agent for the Department of Defense and the Intelligence Community, affordable and timely space access for national security purposes while using commercial space capabilities and services to the maximum practical extent;
6. Develop, as launch agent for the Department of Defense and the Intelligence Community, rapid launch options to reinforce or to reconstitute priority national security space capabilities in times of crisis and conflict and that, when practicable and appropriate, leverage commercial capabilities;
7. Detect, characterize, warn, attribute, and respond to, in coordination with the Secretary of State and other relevant agencies, space-related behaviors and activities that threaten the space interests of the United States, its allies, or partners, international peace and security, or the long-term sustainability of the space environment;
8. Periodically conduct policy-driven, threat-informed, strategically-focused space posture reviews and assessments that encompass military, diplomatic, informational, and economic aspects of posture, including evaluation of the suitability of U.S. Government, commercial industry, and international space architectures to deliver effective and integrated deterrence and compellence solutions; and
9. Develop, acquire, and operate space intelligence capabilities to support joint operations.
(f) Intelligence Community.
i. The Director of National Intelligence shall:
1. Enhance foundational scientific and technical intelligence collection and single and all-source intelligence analysis;
2. Coordinate with the Secretary of Defense to ensure necessary and sufficient intelligence support for acquisition, operations, and defense of space capabilities;
3. Develop, obtain, and operate space intelligence capabilities to support strategic goals, intelligence priorities, and assigned tasks;
4. Provide robust, timely, and effective collection, processing, analysis, and dissemination of information on foreign space capabilities and threats and supporting information system activities;
5. Integrate all-source intelligence of foreign space capabilities and intentions to produce enhanced intelligence products that support space domain awareness;
6. Support monitoring, compliance, and verification for transparency and confidence-building measures and, if applicable, arms control agreements;
7. Ensure Intelligence Community equities are represented and reviewed in United States Government radio frequency deliberations; and
8. Promote counterintelligence and security partnerships and practices within the commercial, civil, and national security space communities.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Commerce is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
§20103. Definitions
In this chapter:
(1)
(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)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3332.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20103 | 42 U.S.C. 2452. | 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. |
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)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3332.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20111 | 42 U.S.C. 2472. | 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. |
Statutory Notes and Related Subsidiaries
Agency Information Technology and Cybersecurity
Pub. L. 115–10, title VIII, §§811–813, Mar. 21, 2017, 131 Stat. 58–60, provided that:
"SEC. 811. INFORMATION TECHNOLOGY GOVERNANCE.
"(a)
"(1) ensure the NASA Chief Information Officer, Mission Directorates, and Centers have appropriate roles in the management, governance, and oversight processes related to information technology operations and investments and information security programs for the protection of NASA systems;
"(2) ensure the NASA Chief Information Officer has the appropriate resources and insight to oversee NASA information technology and information security operations and investments;
"(3) provide an information technology program management framework to increase the efficiency and effectiveness of information technology investments, including relying on metrics for identifying and reducing potential duplication, waste, and cost;
"(4) improve the operational linkage between the NASA Chief Information Officer and each NASA mission directorate, center, and mission support office to ensure both agency and mission needs are considered in agency-wide information technology and information security management and oversight;
"(5) review the portfolio of information technology investments and spending, including information technology-related investments included as part of activities within NASA mission directorates that may not be considered information technology, to ensure investments are recognized and reported appropriately based on guidance from the Office of Management and Budget;
"(6) consider appropriate revisions to the charters of information technology boards and councils that inform information technology investment and operation decisions; and
"(7) consider whether the NASA Chief Information Officer should have a seat on any boards or councils described in paragraph (6).
"(b)
"(1)
"(2)
"(A) the resources available for overseeing Administration-wide information technology operations, investments, and security measures and the NASA Chief Information Officer's visibility and involvement into information technology oversight and access to those resources;
"(B) the effectiveness and challenges of the Administration's information technology structure, decision making processes and authorities, including impacts on its ability to implement information security; and
"(C) the impact of NASA Chief Information Officer approval authority over information technology investments that exceed a defined monetary threshold, including any potential impacts of such authority on the Administration's missions, flights programs and projects, research activities, and Center operations.
"(3)
"SEC. 812. INFORMATION TECHNOLOGY STRATEGIC PLAN.
"(a)
"(b)
"(1) the deadline under section 306(a) of title 5, United States Code; and
"(2) the requirements under section 3506 of title 44, United States Code.
"(c)
"(1) near and long-term goals and objectives for leveraging information technology;
"(2) a plan for how NASA will submit to Congress of [sic] a list of information technology projects, including completion dates and risk level in accordance with guidance from the Office of Management and Budget;
"(3) an implementation overview for an agency-wide approach to information technology investments and operations, including reducing barriers to cross-center collaboration;
"(4) coordination by the NASA Chief Information Officer with centers and mission directorates to ensure that information technology policies are effectively and efficiently implemented across the agency;
"(5) a plan to increase the efficiency and effectiveness of information technology investments, including a description of how unnecessarily duplicative, wasteful, legacy, or outdated information technology across NASA will be identified and eliminated, and a schedule for the identification and elimination of such information technology;
"(6) a plan for improving the information security of agency information and agency information systems, including improving security control assessments and role-based security training of employees; and
"(7) submission by NASA to Congress of information regarding high risk projects and cybersecurity risks.
"(d)
"SEC. 813. CYBERSECURITY.
"(a)
"(b)
"(1)
"(2)
"(3)
"(A) reflects the unique nature of NASA's mission and expertise;
"(B) is informed by policies, standards, guidelines, and directives on information security required for Federal agencies;
"(C) is consistent with the standards and guidelines under section 11331 of title 40, United States Code; and
"(D) meets applicable National Institute of Standards and Technology information security standards and guidelines.
"(4)
"(A) an overview of the requirements of the information security system;
"(B) an agency-wide risk management framework for information security;
"(C) a description of the information security system management controls and common controls that are necessary to ensure compliance with information security-related requirements;
"(D) an identification and assignment of roles, responsibilities, and management commitment for information security at the agency;
"(E) coordination among organizational entities, including between each center, facility, mission directorate, and mission support office, and among agency entities responsible for different aspects of information security;
"(F) the need to protect the information security of mission-critical systems and activities and high-impact and moderate-impact information systems; and
"(G) a schedule of frequent reviews and updates, as necessary, of the plan."
Collaboration Among Mission Directorates
Pub. L. 115–10, title VIII, §821, Mar. 21, 2017, 131 Stat. 61, provided that: "The Administrator [of the National Aeronautics and Space Administration] shall encourage an interdisciplinary approach among all NASA [National Aeronautics and Space Administration] mission directorates and divisions, whenever appropriate, for projects or missions—
"(1) to improve coordination, and encourage collaboration and early planning on scope;
"(2) to determine areas of overlap or alignment;
"(3) to find ways to leverage across divisional perspectives to maximize outcomes; and
"(4) to be more efficient with resources and funds."
Users' Advisory Group
Pub. L. 101–611, title I, §121, Nov. 16, 1990, 104 Stat. 3204, as amended by Pub. L. 117–286, §4(a)(324), Dec. 27, 2022, 136 Stat. 4341, provided that:
"(a)
"(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)
National Space Council
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."
Executive Documents
Ex. Ord. No. 10849. Establishment of Seal for National Aeronautics and Space Administration
Ex. Ord. No. 10849, Nov. 27, 1959, 24 F.R. 9559, as amended by Ex. Ord. No. 10942, May 19, 1961, 26 F.R. 4419, provided:
WHEREAS the Administrator of the National Aeronautics and Space Administration has caused to be made, and has recommended that I approve, a seal for the National Aeronautics and Space Administration, the design of which accompanies and is hereby made a part of this order, and which is described as follows:
On a disc of the blue sky strewn with white stars, to dexter a larger yellow sphere bearing a red flight symbol apex in upper sinister and wings enveloping and casting a brown shadow upon the sphere, all partially encircled with a horizontal white orbit, in sinister a small light-blue sphere; circumscribing the disc a white band edged gold inscribed "National Aeronautics and Space Administration U.S.A." in red letters.
AND WHEREAS it appears that such seal is of suitable design and appropriate for establishment as the official seal of the National Aeronautics and Space Administration:
NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, I hereby approve such seal as the official seal of the National Aeronautics and Space Administration.
Ex. Ord. No. 12675
Ex. Ord. No. 12675, Apr. 20, 1989, 54 F.R. 17691, as amended by Ex. Ord. No. 12712, Apr. 26, 1990, 55 F.R. 18095; Ex. Ord. No. 12869, §4(f), Sept. 30, 1993, 58 F.R. 51752, which established the National Space Council, was superseded by Ex. Ord. No. 13803, §9(a), June 30, 2017, 82 F.R. 31431, formerly set out below.
Executive Order No. 13803
Ex. Ord. No. 13803, June 30, 2017, 82 F.R. 31429, as amended by Ex. Ord. No. 13906, Feb. 13, 2020, 85 F.R. 10031, which reestablished the National Space Council and ordered the Council to convene the Users' Advisory Group, was revoked by Ex. Ord. No. 14056, §7(d), Dec. 1, 2021, 86 F.R. 68873, set out below.
Ex. Ord. No. 14056. The National Space Council
Ex. Ord. No. 14056, Dec. 1, 2021, 86 F.R. 68871, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(a) the Vice President, who shall be Chair of the Council;
(b) the Secretary of State;
(c) the Secretary of Defense;
(d) the Secretary of the Interior;
(e) the Secretary of Agriculture;
(f) the Secretary of Commerce;
(g) the Secretary of Labor;
(h) the Secretary of Transportation;
(i) the Secretary of Energy;
(j) the Secretary of Education;
(k) the Secretary of Homeland Security;
(l) the Director of the Office of Management and Budget;
(m) the Director of National Intelligence;
(n) the Director of the Office of Science and Technology Policy;
(o) the Assistant to the President for National Security Affairs;
(p) the Assistant to the President for Economic Policy;
(q) the Assistant to the President for Domestic Policy;
(r) the Assistant to the President and National Climate Advisor;
(s) the Chairman of the Joint Chiefs of Staff;
(t) the Administrator of the National Aeronautics and Space Administration; and
(u) the heads of other executive departments and agencies (agencies) and other senior officials within the Executive Office of the President, as determined by the Chair.
(i) review, develop, and provide recommendations to the President on space policy and strategy;
(ii) coordinate implementation of space policy and strategy;
(iii) synchronize the Nation's civil, commercial, and national security space activities in furtherance of the objectives of the President's national space policy and strategy;
(iv) facilitate resolution of differences among agencies on space-related policy and strategy matters;
(v) enable interagency cooperation, coordination, and information exchange on space activities; and
(vi) perform such other duties as the President may, from time to time, prescribe.
(b) The operation of the Council shall not interfere with the existing lines of authority in or responsibilities of any agency.
(c) The Council shall have a staff, headed by a civilian Executive Secretary appointed by the President.
(d) The Council shall meet at least annually.
(e) The Council shall consider and provide recommendations to the President on any space-related issue as determined by the Chair.
(b) The Chair shall establish procedures and set the agenda for Council sessions to address Presidential priorities.
(c) The Chair may recommend to the President candidates for the position of Executive Secretary.
(d) The Chair may invite the heads of other agencies, other senior officials in the Executive Office of the President, and other Federal employees to participate in Council meetings.
(e) The Chair or, upon the Chair's direction, the Executive Secretary, may develop budget recommendations for submission to the Director of the Office of Management and Budget that reflect the President's space policy and strategy, as well as provide advice concerning budget submissions by agencies related to the President's space policies and strategies.
(b) The head of each agency that conducts space-related activities shall, to the extent permitted by law, conform such activities to the President's national space policy and strategy.
(c) On space matters relating primarily to national security, the Council shall coordinate with the National Security Council (NSC) to develop space policy and strategy consistent with NSC priorities and practices.
(b) Members of the Group shall serve without compensation for their work for the Group. Members of the Group, while engaged in the work of the Group, may be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in Government service (5 U.S.C. 5701–5707), consistent with the availability of funds.
(c) The Group shall report directly to the Council and shall provide advice or work product solely to the Council.
(d) The Group shall provide advice and recommendations to the Council on matters related to space policy and strategy, including Government policies, laws, regulations, treaties, international instruments, programs, and practices across the civil, commercial, and national security space sectors.
(i) the Office of Administration in the Executive Office of the President shall provide administrative support to the Council, to the extent permitted by law and within existing appropriations; and
(ii) legal advice to the Council with respect to its work and functions shall be provided exclusively by the Office of the Counsel to the President and the Counsel to the Vice President.
(b) To the extent practicable and permitted by law, including the Economy Act (31 U.S.C. 1535), and within existing appropriations, agencies serving on the Council, components of the Executive Office of the President, and interagency councils and committees that affect space policy or strategy shall make resources, including personnel, office support, and printing, available to the Council as reasonably requested by the Chair or, upon the Chair's direction, the Executive Secretary.
(c) Agencies shall cooperate with the Council through the Chair, or upon the Chair's request, the Executive Secretary, and provide such information and advice to the Council as it may reasonably request, to the extent permitted by law, including information regarding agencies' current and planned space activities.
(d) This order supersedes Executive Order 13803 of June 30, 2017 (Reviving the National Space Council) [formerly set out above], and Executive Order 13906 of February 13, 2020 (Amending Executive Order 13803—Reviving the National Space Council), and those orders are revoked. To the extent this order is inconsistent with any provision of any previous Executive Order or Presidential Memorandum, this order shall control.
(e) If any provision of this order or the application of such provision is held to be invalid, the remainder of this order and other dissimilar applications of such provision shall not be affected.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
J.R. Biden, Jr.
§20112. Functions of the Administration
(a)
(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)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3333.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20112 | 42 U.S.C. 2473(a), (b). | 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)
(b)
(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)
(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)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(2)
(3)
(4)
(5)
(l)
(m)
(1) to consider, ascertain, adjust, determine, settle, and pay, on behalf of the United States, in full satisfaction thereof, any claim for $25,000 or less against the United States for bodily injury, death, or damage to or loss of real or personal property resulting from the conduct of the Administration's functions as specified in section 20112(a) of this title, where such claim is presented to the Administration in writing within 2 years after the accident or incident out of which the claim arises; and
(2) if the Administration considers that a claim in excess of $25,000 is meritorious and would otherwise be covered by this subsection, to report the facts and circumstances to Congress for its consideration.
(n)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3333; Pub. L. 114–90, title I, §112(d), Nov. 25, 2015, 129 Stat. 712; Pub. L. 115–10, title VIII, §835(d), Mar. 21, 2017, 131 Stat. 69; Pub. L. 116–283, div. A, title IX, §927(f), Jan. 1, 2021, 134 Stat. 3832.)
In subsection (b), in the matter before paragraph (1), the words "chapter 51 and subchapter III of chapter 53 of title 5" are substituted for "the Classification Act of 1949, as amended" on authority of section 7(b) of Public Law 89–554 (80 Stat. 631), the first section of which enacted Title 5, Government Organization and Employees.
In subsection (c)(2), the words "section 8141 of title 40" are substituted for "the Act of March 3, 1877 (40 U.S.C. 34)" on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.
In subsection (c)(4), the words "in accordance with the provisions of chapters 1 to 11 of title 40 and in accordance with title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are substituted for "in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.)" on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.
In subsection (e), the words "subsections (a) and (b) of section 3324 of title 31" are substituted for "section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)" on authority of section 4(b) of Public Law 97–258 (96 Stat. 1067), the first section of which enacted Title 31, Money and Finance.
In subsection (i), the words "maximum rate payable under section 5376 of title 5" are substituted for "rate for GS–18" because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (enacted by §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.
Editorial Notes
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.
Amendments
2021—Subsec. (l). Pub. L. 116–283 substituted "Forces" for "Services" in heading and "Marine Corps, and Space Force" for "and Marine Corps" in text.
2017—Subsec. (g). Pub. L. 115–10, §835(d)(2), struck out "and Congress" after "advice to the Administration".
Pub. L. 115–10, §835(d)(1), inserted "and Congress" after "advice to the Administration".
2015—Subsec. (n). Pub. L. 114–90 added subsec. (n).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Pub. L. 115–10, title VIII, §835(d)(2), Mar. 21, 2017, 131 Stat. 69, provided that the amendment by section 835(d)(2) is effective Sept. 30, 2017.
Office of STEM Engagement
Pub. L. 117–167, div. B, title VII, §10851(a)–(d), Aug. 9, 2022, 136 Stat. 1753, 1754, provided that:
"(a)
"(b)
"(c)
"(1) to create unique opportunities for students and the public to learn from and contribute to the work of NASA in exploration and discovery;
"(2) to contribute to the growth of a diverse STEM workforce; and
"(3) to strengthen public understanding of science by enabling connections to the mission and work of NASA.
"(d)
"(1) the National Space Grant College and Fellowship Program under chapter 403 of title 51 United States Code;
"(2) the Established Program to Stimulate Competitive Research under section 40903 of title 51 United States Code;
"(3) the Minority University Research and Education Project;
"(4) the NextGen STEM Project; and
"(5) any other program or activity the Administrator considers appropriate."
[For definition of "STEM" as used in section 10851(a)–(d) of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
Program, Workforce, and Industrial Base Reviews
Pub. L. 117–167, div. B, title VII, §10861, Aug. 9, 2022, 136 Stat. 1754, provided that:
"(a)
"(1)
"(2)
"(A) A comprehensive description of the current status of the United States industrial base for NASA civil space missions and operations.
"(B) A description and assessment of the weaknesses in the supply chain, skills, manufacturing capacity, raw materials, key components, and other areas of the United States industrial base for NASA civil space missions and operations that could adversely impact such missions and operations if unavailable.
"(C) A description and assessment of various mechanisms to address and mitigate the weaknesses described pursuant to subparagraph (B).
"(D) A comprehensive list of the collaborative efforts, including future and proposed collaborative efforts, between NASA and the Manufacturing USA institutes of the Department of Commerce.
"(E) An assessment of—
"(i) the defense and aerospace manufacturing supply chains relevant to NASA in each region of the United States; and
"(ii) the feasibility and benefits of establishing a supply chain center of excellence in a State in which NASA does not, as of the date of the enactment of this Act, have a research center or test facility.
"(F) Such other matters relating to the United States industrial base for NASA civil space missions and operations as the Administrator considers appropriate.
"(b)
"(1)
"(A)
"(B)
"(i) A consideration of the use of emerging technologies in relevant engineering and science disciplines and the skills needed to apply such capabilities to Administration missions across all mission directorates.
"(ii) Prioritized recommendations on actions needed to align the Administration's workforce with research objectives and strategic goals and on the improvements and additions to modeling capabilities and test facilities needed to meet the Administration's strategic goals and objectives.
"(C)
"(2)
"(3)
"(A)
"(i)
"(ii)
"(B)
"(4)
"(A)
"(B)
"(C)
"(i) research on program assessment;
"(ii) cost, schedule, and technical estimation; and
"(iii) other relevant activities for the purposes of obtaining the highest level of expertise and the most effective decision-making tools with which to inform the Administrator.
"(D)
"(5)
"(A) crew and cargo transportation, research to be undertaken reflecting the priorities described in section 10816 [51 U.S.C. 70901 note], and maintenance costs; and
"(B) opportunities for operational efficiencies that could result in cost savings and increased research productivity and the amount of those potential savings and productivity increases."
[For definition of "Manufacturing USA institute" as used in section 10861 of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
Collaboration
Pub. L. 115–10, title V, §517, Mar. 21, 2017, 131 Stat. 54, provided that: "The Administration [National Aeronautics and Space Administration] shall continue to develop first-of-a-kind instruments that, once proved, can be transitioned to other agencies for operations. Whenever responsibilities for the development of sensors or for measurements are transferred to the Administration from another agency, the Administration shall seek, to the extent possible, to be reimbursed for the assumption of such responsibilities."
Space Act Agreements
Pub. L. 115–10, title VIII, §841, Mar. 21, 2017, 131 Stat. 72, provided that:
"(a)
"(b)
"(c)
"(1)
"(A) except as provided in paragraph (2), on a nonexclusive basis;
"(B) in a manner that ensures all non-government parties have equal access to NASA resources; and
"(C) exercising reasonable care not to reveal unique or proprietary information.
"(2)
"(A) utilizing a competitive selection process when exclusive arrangements are necessary; and
"(B) pursuant to public announcements when exclusive arrangements are necessary.
"(d)
"(e)
"(1)
"(2)
"(A) an indication of whether the agreement is a reimbursable, non-reimbursable, or funded Space Act Agreement;
"(B) a description of—
"(i) the subject and terms;
"(ii) the parties;
"(iii) the responsible—
"(I) Mission Directorate;
"(II) Center; or
"(III) headquarters element;
"(iv) the value;
"(v) the extent of the cost sharing among Federal Government and non-Federal sources;
"(vi) the time period or schedule; and
"(vii) all milestones; and
"(C) an indication of whether the agreement was renewed during the previous fiscal year.
"(3)
"(4)
"(A) the technology areas in which research projects were conducted under that agreement;
"(B) the extent to which the use of that agreement—
"(i) has contributed to a broadening of the technology and industrial base available for meeting Administration needs; and
"(ii) has fostered within the technology and industrial base new relationships and practices that support the United States; and
"(C) the total amount of value received by the Federal Government during the fiscal year under that agreement."
Sense of Congress
Pub. L. 114–90, title I, §112(b), Nov. 25, 2015, 129 Stat. 711, provided that: "The National Aeronautics and Space Administration has a need to fly government astronauts (as defined in section 50902 of title 51, United States Code, as amended) within commercial launch vehicles and reentry vehicles under chapter 509 of that title. This need was identified by the Secretary of Transportation and the Administrator of the National Aeronautics and Space Administration due to the intended use of commercial launch vehicles and reentry vehicles developed under the Commercial Crew Development Program, authorized in section 402 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2820; Public Law 111–267). It is the sense of Congress that the authority delegated to the Administration by the amendment made by subsection (d) of this section [amending this section] should be used for that purpose."
Purchase of American-Made Equipment and Products
Pub. L. 106–391, title III, §319, Oct. 30, 2000, 114 Stat. 1597, provided that:
"(a)
"(b)
Enhancement of Science and Mathematics Programs
Pub. L. 106–391, title III, §321, Oct. 30, 2000, 114 Stat. 1597, provided that:
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
1 See References in Text note below.
§20114. Administration and Department of Defense coordination
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3336.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20114(a) | 42 U.S.C. 2474(b). | Pub. L. 85–568, title II, §204(b), (c), July 29, 1958, 72 Stat. 431. |
| 20114(b) | 42 U.S.C. 2474(c). |
In subsection (a), the words "through the President" are substituted for "through the Liaison Committee" because the Civilian-Military Liaison Committee, which was established by section 204(a) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2474(a)), was abolished and its functions, together with the functions of its chairman and other officers, were transferred to the President by sections 1(e) and 3(a) of Reorganization Plan No. 4 of 1965 (5 App. U.S.C.).
In subsection (b), the words "as provided in section 201 (e)", which appeared at the end of the subsection, are omitted as obsolete. Section 201 of Public Law 85–568, which was classified to former section 2471 of title 42 (last appearing in the 1970 edition of the United States Code), established the National Aeronautics and Space Council, with the functions of the Council specified in section 201(e). Those functions included advising the President "as he may request" with respect to promoting cooperation and resolving differences among agencies of the United States engaged in aeronautical and space activities. The words are obsolete because section 3(a)(4) of Reorganization Plan No. 1 of 1973 (5 App. U.S.C.), abolished the National Aeronautics and Space Council, including the office of Executive Secretary of the Council, together with its functions.
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20115 | 42 U.S.C. 2475. | Pub. L. 85–568, title II, §205, July 29, 1958, 72 Stat. 432. |
Executive Documents
Delegation of Authority
Memorandum of President of the United States, Oct. 10, 1995, 60 F.R. 53251, provided:
Memorandum for the Administrator of the National and Aeronautics and Space Administration
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to facilitate the efficient operations of the aeronautical and space programs of the National Aeronautics and Space Administration (NASA), it is hereby ordered as follows:
The authority conferred upon the President by the Constitution and the laws of the United States of America to executive mutual waivers of claims of liability on behalf of the United States for damages arising out of cooperative activities is hereby delegated to the Administrator of NASA for agreements with foreign governments and their agents regarding aeronautical, science, and space activities that are executed pursuant to the authority granted NASA by the National Aeronautics and Space Act of 1958, Public Law 85–568, as amended [see 51 U.S.C. 20101 et seq.]. All such agreements shall be subject to coordination with and the concurrence of the Department of State to the extent provided by applicable law, regulations, and procedures. All such waivers of liability entered into prior to the date of this memorandum are hereby ratified.
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
§20116. Reports to Congress
(a)
(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)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3337.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20116 | 42 U.S.C. 2476. | 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.
Executive Documents
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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20117 | 42 U.S.C. 2476a. | 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).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS
§20131. Public access to information
(a)
(1) authorized or required by Federal statute to be withheld;
(2) classified to protect the national security; or
(3) described in subsection (b).
(b)
(1)
(2)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3338.)
| 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) | 42 U.S.C. 2454(b). | |
| 20131(c) | 42 U.S.C. 2454(a) (proviso). |
§20132. Security requirements
The Administrator shall establish such security requirements, restrictions, and safeguards as the Administrator deems necessary in the interest of the national security. The Administrator may arrange with the Director of the Office of Personnel Management for the conduct of such security or other personnel investigations of the Administration's officers, employees, and consultants, and its contractors and subcontractors and their officers and employees, actual or prospective, as the Administrator deems appropriate. If any such investigation develops any data reflecting that the individual who is the subject of the investigation is of questionable loyalty, the matter shall be referred to the Federal Bureau of Investigation for the conduct of a full field investigation, the results of which shall be furnished to the Administrator.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3338.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20132 | 42 U.S.C. 2455(a). | 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.).
Statutory Notes and Related Subsidiaries
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 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20133 | 42 U.S.C. 2456. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20134 | 42 U.S.C. 2456a. | 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)
(1)
(2)
(3)
(b)
(1)
(A) the person who made the invention was employed or assigned to perform research, development, or exploration work and the invention is related to the work the person was employed or assigned to perform, or was within the scope of the person's employment duties, whether or not it was made during working hours, or with a contribution by the Government of the use of Government facilities, equipment, materials, allocated funds, information proprietary to the Government, or services of Government employees during working hours; or
(B) the person who made the invention was not employed or assigned to perform research, development, or exploration work, but the invention is nevertheless related to the contract, or to the work or duties the person was employed or assigned to perform, and was made during working hours, or with a contribution from the Government of the sort referred to in subparagraph (A).
(2)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3339; Pub. L. 112–29, §7(d)(2), Sept. 16, 2011, 125 Stat. 315.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20135 | 42 U.S.C. 2457. | 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. |
Editorial Notes
Amendments
2011—Subsec. (e). Pub. L. 112–29 substituted "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences" in two places and inserted "and derivation" after "established for interference".
Subsec. (f). Pub. L. 112–29, §7(d)(2)(A), substituted "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences".
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, with certain exceptions, see section 7(e) of Pub. L. 112–29, set out as a note under section 6 of Title 35, Patents.
§20136. Contributions awards
(a)
(1) the value of the contribution to the United States;
(2) the aggregate amount of any sums which have been expended by the applicant for the development of the contribution;
(3) the amount of any compensation (other than salary received for services rendered as an officer or employee of the Government) previously received by the applicant for or on account of the use of the contribution by the United States; and
(4) any other factors the Administrator determines to be material.
(b)
(c)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3342.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20136(a) | 42 U.S.C. 2458(a). | Pub. L. 85–568, title III, §306, July 29, 1958, 72 Stat. 437. |
| 20136(b) | 42 U.S.C. 2458(b) (1st sentence). | |
| 20136(c) | 42 U.S.C. 2458(b) (par. (1) of last sentence). | |
| 20136(d) | 42 U.S.C. 2458(b) (par. (2) of last sentence). |
In subsections (c) and (d), the words "No award may be made under subsection (a)" are substituted for "No award may be made under subsection (a) with respect to any contribution" for clarity and to eliminate unnecessary words.
§20137. Malpractice and negligence suits against United States
(a)
(b)
(c)
(d)
(e)
(f)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3343.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20137 | 42 U.S.C. 2458a. | 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)
(1)
(2)
(3)
(b)
(c)
(d)
(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)
(f)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3344.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20138 | 42 U.S.C. 2458b. | 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)
(1)
(2)
(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)
(4)
(b)
(c)
(1)
(2)
(A)
(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)
(C)
(D)
(3)
(4)
(d)
(1)
(2)
(A)
(B)
(C)
(D)
(3)
(e)
(1)
(2)
(f)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3345.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20139 | 42 U.S.C. 2458c. | 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. 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)
(1)
(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)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3347.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20140 | 42 U.S.C. 2459. | 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)
(1) as a firm or business name in a manner reasonably calculated to convey the impression that the firm or business has some connection with, endorsement of, or authorization from, the Administration which does not, in fact, exist; or
(2) in connection with any product or service being offered or made available to the public in a manner reasonably calculated to convey the impression that the product or service has the authorization, support, sponsorship, or endorsement of, or the development, use, or manufacture by or on behalf of the Administration which does not, in fact, exist.
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3348.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20141 | 42 U.S.C. 2459b. | 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)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3348.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20142 | 42 U.S.C. 2459c. | 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. |
In subsection (a), the word "expendable" is substituted for "expendabe" to correct an error in the law.
§20143. Full cost appropriations account structure
(a)
(1)
(2)
(3)
(b)
(1)
(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)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3349.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20143 | 42 U.S.C. 2459f. | 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.
Statutory Notes and Related Subsidiaries
Notice of Reprogramming or Reorganization
Pub. L. 106–391, title III, §311, Oct. 30, 2000, 114 Stat. 1594, provided that:
"(a)
"(b)
§20144. Prize authority
(a)
(b)
(c)
(d)
(e)
(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)
(1)
(2)
(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)
(1) have personal or financial interests in, or be an employee, officer, director, or agent of any entity that is a registered participant in a competition; or
(2) have a familial or financial relationship with an individual who is a registered participant.
(h)
(i)
(1)
(2)
(A)
(B)
(3)
(A)
(B)
(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)
(5)
(j)
(k)
(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."
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20144 | 42 U.S.C. 2459f–1. | 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).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Availability of Funds
Pub. L. 118–42, div. C, title III, Mar. 9, 2024, 138 Stat. 160, provided that: "Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn."
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4548.
Pub. L. 117–103, div. B, title III, Mar. 15, 2022, 136 Stat. 138.
Pub. L. 116–260, div. B, title III, Dec. 27, 2020, 134 Stat. 1270.
Pub. L. 116–93, div. B, title III, Dec. 20, 2019, 133 Stat. 2419.
Pub. L. 116–6, div. C, title III, Feb. 15, 2019, 133 Stat. 123.
Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 431.
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)
(b)
(1)
(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)
(A)
(B)
(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)
(c)
(d)
(e)
(1)
(2)
(f)
(1)
(2)
(3)
(4)
(5)
(g)
(1) any requirement related to the involvement of foreign entities, foreign entity ownership, and foreign entity investment; and
(2) at the discretion of the Administrator, any other requirement related to the protection and security of Administration missions and facilities.
(h)
(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; Pub. L. 115–10, title VIII, §832, Mar. 21, 2017, 131 Stat. 67; Pub. L. 115–403, §2, Dec. 31, 2018, 132 Stat. 5348; Pub. L. 116–94, div. I, title VI, §602, Dec. 20, 2019, 133 Stat. 3028; Pub. L. 117–103, div. HH, title II, §203, Mar. 15, 2022, 136 Stat. 1113; Pub. L. 117–167, div. B, title VII, §10862, Aug. 9, 2022, 136 Stat. 1756.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20145 | 42 U.S.C. 2459j. | 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).
Editorial Notes
References in Text
The date of the enactment of the National Aeronautics and Space Administration Authorization Act of 2022, referred to in subsec. (g), is the date of enactment of title VII of div. B of Pub. L. 117–167, which was approved Aug. 9, 2022.
Amendments
2022—Subsec. (f)(3) to (5). Pub. L. 117–167, §10862(b), added pars. (3) to (5).
Subsec. (g). Pub. L. 117–167, §10862(c)(2), added subsec. (g). Former subsec. (g) redesignated (h).
Pub. L. 117–167, §10862(a), substituted "December 31, 2032" for "December 31, 2022".
Pub. L. 117–103 substituted "December 31, 2022" for "December 31, 2021".
Subsec. (h). Pub. L. 117–167, §10862(c)(1), redesignated subsec. (g) as (h).
2019—Subsec. (g). Pub. L. 116–94 substituted "December 31, 2021" for "December 31, 2019".
2018—Subsec. (g). Pub. L. 115–403 substituted "December 31, 2019" for "December 31, 2018".
2017—Subsec. (g). Pub. L. 115–10 substituted "December 31, 2018" for "10 years after December 26, 2007".
2011—Subsec. (b)(1). Pub. L. 112–55 designated existing provisions as subpar. (A) and added subpar. (B).
Statutory Notes and Related Subsidiaries
Findings
Pub. L. 117–103, div. HH, title II, §202, Mar. 15, 2022, 136 Stat. 1113, provided that: "Congress finds the following:
"(1) NASA uses enhanced-use leasing to enter into agreements with private sector entities, State and local governments, academic institutions, and other Federal agencies for lease of non-excess, underutilized NASA properties and facilities.
"(2) NASA uses enhanced-use leasing authority to support responsible management of its real property, including to improve the use of underutilized property for activities that are compatible with NASA's mission and to reduce facility operating and maintenance costs.
"(3) In fiscal year 2019, under its enhanced-use lease authority, NASA leased 65 real properties.
"(4) In fiscal year 2019, NASA's use of enhanced-use leasing resulted in the collection of $10,843,025.77 in net revenue.
"(5) In fiscal year 2019, NASA used a portion of its enhanced-use leasing revenues for repairs of facility control systems such as lighting and heating, ventilation, and air conditioning.
"(6) NASA's use of enhanced-use leasing authority can contribute to reducing the rate of increase of the Agency's overall deferred maintenance cost."
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 '
Similar provisions were contained in the following appropriation acts:
Pub. L. 118–42, div. C, title III, Mar. 9, 2024, 138 Stat. 160.
Pub. L. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4548.
Pub. L. 117–103, div. B, title III, Mar. 15, 2022, 136 Stat. 137.
Pub. L. 116–260, div. B, title III, Dec. 27, 2020, 134 Stat. 1270.
Pub. L. 116–93, div. B, title III, Dec. 20, 2019, 133 Stat. 2418.
Pub. L. 116–6, div. C, title III, Feb. 15, 2019, 133 Stat. 123.
Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 431.
Pub. L. 115–31, div. B, title III, May 5, 2017, 131 Stat. 214.
Pub. L. 114–113, div. B, title III, Dec. 18, 2015, 129 Stat. 2317.
Pub. L. 113–235, div. B, title III, Dec. 16, 2014, 128 Stat. 2203.
Pub. L. 113–76, div. B, title III, Jan. 17, 2014, 128 Stat. 72.
Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 625.
Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. 3144.
§20146. Retrocession of jurisdiction
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3353.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20146 | 42 U.S.C. 2459k. | 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)
(1)
(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)
(b)
(1)
(2)
(3)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3353.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20147 | 42 U.S.C. 2459l. | Pub. L. 85–568, title III, §317, as added Pub. L. 109–155, title VII, §705, Dec. 30, 2005, 119 Stat. 2936. |
§20148. Indemnification; NASA launch services and reentry services
(a)
(1) is more than the amount of insurance or demonstration of financial responsibility described in subsection (c)(3); and
(2) is not more than the amount specified in section 50915(a)(1)(B).
(b)
(1) notice to the United States of any claim or suit against the provider for death, bodily injury, or loss of or damage to property; and
(2) control of or assistance in the defense by the United States, at its election, of that claim or suit and approval of any settlement.
(c)
(1)
(A) a third party for death, bodily injury, or property damage or loss resulting from a launch service or reentry service carried out under the contract; and
(B) the United States Government for damage or loss to Government property resulting from a launch service or reentry service carried out under the contract.
(2)
(A)
(B)
(3)
(A)(i) $500,000,000 under paragraph (1)(A); or
(ii) $100,000,000 under paragraph (1)(B); or
(B) the maximum liability insurance available on the world market at reasonable cost.
(4)
(A) The Government.
(B) Personnel of the Government.
(C) Related entities of the Government.
(D) Related entities of the provider.
(E) Government astronauts.
(d)
(e)
(1)
(2)
(f)
(g)
(h)
(1)
(2)
(3)
(i)
(1)
(2)
(3)
(A) all obligations under this section are subject to the availability of funds; and
(B) nothing in this section may be construed to require obligation or payment of funds in violation of sections 1341, 1342, 1349 through 1351, and 1511 through 1519 of title 31, United States Code (commonly referred to as the "Anti-Deficiency Act").
(j)
(k)
(1)
(2)
(3)
(4)
(5)
(6)
(A) the United States Government;
(B) related entities of the Government involved in launch services or reentry services;
(C) a provider;
(D) related entities of the provider involved in launch services or reentry services; or
(E) a government astronaut.
(Added Pub. L. 115–10, title III, §305(a), Mar. 21, 2017, 131 Stat. 30.)
Editorial Notes
References in Text
Public Law 85–804, referred to in subsec. (i)(2), is Pub. L. 85–804, Aug. 28, 1958, 72 Stat. 972, which is classified generally to chapter 29 (§1431 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
§20149. Medical monitoring and research relating to human space flight
(a)
(1) the medical monitoring and diagnosis of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers potentially associated with human space flight; and
(2) the treatment of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers associated with human space flight, including scientific and medical tests for psychological and medical conditions.
(b)
(1)
(2)
(3)
(4)
(A) payment for (or the provision of) such medical monitoring, diagnosis, or treatment services has not been made (or provided) or cannot reasonably be expected to be made (or provided) promptly by the United States or such third party, respectively; and
(B) such payment (or such provision of services) by the Administrator is conditioned on reimbursement by the United States or such third party, respectively, for such medical monitoring, diagnosis, or treatment.
(c)
(1) provide for medical monitoring or diagnosis of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not potentially associated with human space flight;
(2) provide for treatment of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not associated with human space flight; or
(3) require a former United States government astronaut or former payload specialist to participate in the medical monitoring, diagnosis, or treatment authorized under subsection (a).
(d)
(e)
(f)
(g)
(Added Pub. L. 115–10, title IV, §443(a), Mar. 21, 2017, 131 Stat. 45.)
Statutory Notes and Related Subsidiaries
Annual Reports
Pub. L. 115–10, title IV, §443(c), Mar. 21, 2017, 131 Stat. 47, provided that:
"(1)
"(2)
"(3)
Inspector General Audit
Pub. L. 115–10, title IV, §443(f), Mar. 21, 2017, 131 Stat. 47, provided that: "The Inspector General of NASA [National Aeronautics and Space Administration] shall periodically audit or review, as the Inspector General considers necessary to prevent waste, fraud, and abuse, the activities of the Administration [National Aeronautics and Space Administration] under section 20149 of title 51, United States Code."
SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH
§20161. Congressional declaration of purpose and policy
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3354.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20161 | 42 U.S.C. 2481. | Pub. L. 85–568, title IV, §401, as added Pub. L. 94–39, §8, June 19, 1975, 89 Stat. 222. |
§20162. Definition of upper atmosphere
In this subchapter, the term "upper atmosphere" means that portion of the Earth's sensible atmosphere above the troposphere.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3354.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20162 | 42 U.S.C. 2482. | Pub. L. 85–568, title IV, §402, as added Pub. L. 94–39, §8, June 19, 1975, 89 Stat. 222. |
§20163. Program authorized
(a)
(b)
(1) arrange for participation by the scientific and engineering community, of both the Nation's industrial organizations and institutions of higher education, in planning and carrying out appropriate research, in developing necessary technology, and in making necessary observations and measurements;
(2) provide, by way of grant, contract, scholarships, or other arrangements, to the maximum extent practicable and consistent with other laws, for the widest practicable and appropriate participation of the scientific and engineering community in the program authorized by this subchapter; and
(3) make all results of the program authorized by this subchapter available to the appropriate regulatory agencies and provide for the widest practicable dissemination of such results.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3354.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20163 | 42 U.S.C. 2483. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20164 | 42 U.S.C. 2484. | 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
§20301. General responsibilities
(a)
(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)
(1) consult and coordinate to the extent appropriate with other relevant Federal agencies, including through the National Science and Technology Council;
(2) work closely with the private sector, including by—
(A) encouraging the work of entrepreneurs who are seeking to develop new means to launch satellites, crew, or cargo;
(B) contracting with the private sector for crew and cargo services, including to the International Space Station, to the extent practicable;
(C) using commercially available products (including software) and services to the extent practicable to support all Administration activities; and
(D) encouraging commercial use and development of space to the greatest extent practicable; and
(3) involve other nations to the extent appropriate.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3355.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20301 | 42 U.S.C. 16611(a). | Pub. L. 109–155, title I, §101(a), Dec. 30, 2005, 119 Stat. 2897. |
Statutory Notes and Related Subsidiaries
Improved Process for Yield Determination; Report; Definitions
Pub. L. 118–31, div. A, title XVI, §1601(b)–(d), Dec. 22, 2023, 137 Stat. 583, provided that:
"(b)
"(c)
"(d)
"(1) The term 'appropriate congressional committees' means the following:
"(A) The congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
"(B) The Committee on Commerce, Science, and Transportation of the Senate.
"(C) The Committee on Science, Space, and Technology of the House of Representatives.
"(D) The Committee on Transportation and Infrastructure of the House of Representatives.
"(2) The term 'LOX-Methane Assessment working group' means the ongoing interagency working group studying the explosive characteristics of liquid oxygen and methane and comprised of representatives from the Department of Defense, the Department of Transportation, and the National Aeronautics and Space Administration.
"(3) The term 'launch vehicle' has the meaning given such term in section 50902(11) of title 51, United States Code."
Space Launch System Configurations
Pub. L. 117–167, div. B, title VII, §10812, Aug. 9, 2022, 136 Stat. 1735, provided that:
"(a)
"(1) the necessary elements of a ground system infrastructure are in place to enable the preparation and use of the Space Launch System, specifically the Block 1 (at least 70 mt), Block 1B (at least 105 mt), and Block 2 (at least 130 mt) variants of the Space Launch System; and
"(2) not fewer than 2 bays of the vehicle assembly building of such ground system infrastructure are outfitted and dedicated to support Space Launch System stacking and preparations.
"(b)
"(c)
"(1)
"(2)
"(A)
"(B)
"(d)
"(1) not later than 45 days after the date of the enactment of this Act [Aug. 9, 2022], a report on the steps the Administrator and industry partners are taking—
"(A) to address the cost, schedule, and performance challenges in the development of the Mobile Launch–2 platform; and
"(B) to ensure that such platform is ready for operational use on a schedule that aligns with the current plans for an Artemis IV launch, which is currently anticipated in 2027; and
"(2) not later than 90 days after such date of enactment, a report that contains a list of the key milestones required for completing each of the Space Launch System variants, and an estimated date on which such milestones will be completed.
"(e)
"(1)
"(2)
"(f)
[For definitions of terms used in section 10812 of Pub. L. 116–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
Rocket Engine Test Infrastructure
Pub. L. 117–167, div. B, title VII, §10813, Aug. 9, 2022, 136 Stat. 1736, provided that:
"(a)
"(1) to increase capabilities;
"(2) to enhance safety;
"(3) to support propulsion development and testing; and
"(4) to foster the improvement of Government and commercial space transportation and exploration.
"(b)
"(1) infrastructure and other facilities and systems relating to rocket propulsion test stands and rocket propulsion testing;
"(2) enhancements to test facility capacity and flexibility; and
"(3) such other projects as the Administrator considers appropriate to meet the goals described in that subsection.
"(c)
"(1) to the extent practicable and appropriate, prioritize investments in projects that enhance test and flight certification capabilities, including for large thrust-level atmospheric and altitude engines and engine systems, and multi-engine integrated test capabilities;
"(2) continue to make underutilized test facilities available for commercial use on a reimbursable basis; and
"(3) ensure that no project carried out under this program adversely impacts, delays, or defers testing or other activities associated with facilities used for Government programs, including—
"(A) the Space Launch System and the Exploration Upper Stage of the Space Launch System;
"(B) in-space propulsion to support exploration missions; or
"(C) nuclear propulsion testing.
"(d)
"(e)
"(1)
"(2)
"(A) An assessment of prior use, if any, of the authority under section 30102 of title 51, United States Code, to improve testing infrastructure.
"(B) An analysis of any barrier to implementation of such authority for the purpose of promoting increased use of NASA rocket propulsion test infrastructure."
[For definitions of terms used in section 10813 of Pub. L. 116–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
Search for Life
Pub. L. 117–167, div. B, title VII, §10822, Aug. 9, 2022, 136 Stat. 1740, provided that:
"(a)
"(1) the report entitled 'An Astrobiology Strategy for the Search for Life in the Universe' published by the National Academies of Sciences, Engineering, and Medicine outlines key scientific questions and methods on the search for the origin, evolution, distribution, and future of life in the universe; and
"(2) the interaction of lifeforms with their environment, a central focus of astrobiology research, is a topic of broad significance to life sciences research in space and on Earth.
"(b)
"(1)
"(A) the scientific priorities of the most recent decadal surveys on planetary science and astrobiology and astronomy and astrophysics of the National Academies of Sciences, Engineering, and Medicine; and
"(B) the objective described in section 20102(d)(10) of title 51, United States Code.
"(2)
"(3)
"(4)
"(5)
Space Nuclear Capabilities
Pub. L. 117–167, div. B, title VII, §10841, Aug. 9, 2022, 136 Stat. 1751, provided that:
"(a)
"(1)
"(2)
"(A)
"(B)
"(i) Research and development in both nuclear electric and nuclear thermal propulsion technology maturation efforts, to the extent practicable, and the development of consistent figures of merit across both nuclear electric and nuclear thermal systems, as recommended by the National Academies of Sciences, Engineering, and Medicine in the report entitled 'Space Nuclear Propulsion for Human Mars Exploration', so as to inform a down-selection of a nuclear electric or nuclear thermal propulsion system by 2026, or as early as practicable.
"(ii) Ground-based testing, to the extent practicable, including not less than 1 ground-based test of a full-scale, integrated nuclear propulsion system before any in-space test or demonstration of such system.
"(iii) In-space demonstration of a nuclear propulsion system in the late 2020's, which may be carried out as a cargo mission to Mars.
"(3)
"(A)
"(B)
"(i) A timeline to mature enabling technologies and an outline of major milestones for integration of such technologies into the larger nuclear propulsion system.
"(ii) A cost estimate for maturing such technologies.
"(iii) A description of facility requirements for the program under paragraph (2) associated with such technologies.
"(iv) A description of the manner in which the Administrator will use the efforts described in paragraph (2)(B) to determine whether the in-space flight test should demonstrate a nuclear electric propulsion system or a nuclear thermal propulsion system.
"(C) An identification of any policy or regulatory challenges or barriers to conducting such in-space test or any precursor ground-based testing, and a description of options for addressing such challenges or barriers.
"(b)
"(1)
"(2)
"(A)
"(i) develop a plan and timeline for the program established under paragraph (1), taking into consideration mission needs; and
"(ii) include in such plan opportunities for participation by United States commercial entities.
"(B)
"(c)
"(1)
"(2)
"(3)
[For definitions of terms used in section 10841 of Pub. L. 116–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
Prioritization of Low-Enriched Uranium Technology
Pub. L. 117–167, div. B, title VII, §10842, Aug. 9, 2022, 136 Stat. 1753, provided that:
"(a)
"(b)
"(c)
[For definitions of terms used in section 10842 of Pub. L. 116–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
Funding for Certain Lunar Transportation and Habitation Capabilities, Lunar Terrain Mobility Capabilities, Exploration Mission Rated Suits, Lunar Communications and Navigation Capabilities
Pub. L. 117–103, div. B, title III, Mar. 15, 2022, 136 Stat. 136, provided in part: "That acquisition of human-rated deep space exploration lunar and cislunar transportation and habitation capabilities, human-rated lunar terrain mobility capabilities, exploration mission rated suits, lunar communications and navigation capabilities, and their associated components, may be funded incrementally in fiscal year 2022 and thereafter."
Funding for Orion, Space Launch System, Exploration Ground Systems, and Mobile Launch Platforms
Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 430, provided in part: "That acquisition of Orion crew vehicles, SLS launch vehicles, Exploration Ground Systems, mobile launch platforms, and their associated components may be funded incrementally in fiscal year 2018 and thereafter".
Space Launch System, Orion, and Exploration Ground Systems
Pub. L. 115–10, title IV, §421, Mar. 21, 2017, 131 Stat. 35, as amended by Pub. L. 117–167, div. B, title VII, §10817(a), Aug. 9, 2022, 136 Stat. 1740, provided that:
"(a)
"(1) NASA has made steady progress in developing and testing the Space Launch System and Orion exploration systems with the successful Exploration Flight Test of Orion in December of 2014, the final qualification test firing of the 5-segment Space Launch System boosters in June 2016, and a full thrust, full duration test firing of the RS–25 Space Launch System core stage engine in August 2016.
"(2) Through the 21st Century Launch Complex program and Exploration Ground Systems programs, NASA has made significant progress in transforming exploration ground systems infrastructure to meet NASA's mission requirements for the Space Launch System and Orion and to modernize NASA's launch complexes to the benefit of the civil, defense, and commercial space sectors.
"(b)
"(1)
"(2)
"(c)
"(1) as the United States works to send humans on a series of missions to Mars in the 2030s, the United States national space program should continue to make progress on its commitment by fully developing the Space Launch System, Orion, and related Exploration Ground Systems;
"(2) using the Space Launch System and Orion for a wide range of contemplated missions will facilitate the national defense, science, and exploration objectives of the United States;
"(3) the United States should have continuity of purpose for the Space Launch System and Orion in deep space exploration missions, using them beginning with the uncrewed mission, Artemis I, planned for 2018, followed by the crewed mission, Artemis II, in cis-lunar space planned for 2021, and for subsequent missions beginning with Artemis III extending into cis-lunar space and eventually to Mars;
"(4) the President's annual budget requests for the Space Launch System and Orion development, test, and operational phases should strive to accurately reflect the resource requirements of each of those phases;
"(5) the fully integrated Space Launch System, including an upper stage needed to go beyond low-Earth orbit, will safely enable human space exploration of the Moon, Mars, and beyond; and
"(6) the Administrator should budget for and undertake a robust ground test and uncrewed and crewed flight test and demonstration program for the Space Launch System and Orion in order to promote safety and reduce programmatic risk.
"(d)
"(e)
"(1)
"(2)
"(A) those components and systems of Orion that ensure it is in compliance with section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3));
"(B) the expected date that Orion, integrated with a vehicle other than the Space Launch System, could be available to transport crew and cargo to the ISS;
"(C) any impacts to the deep space exploration missions under subsection (f) of this section due to enabling Orion to meet the minimum capability requirements described in section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3)) and conducting the mission described in subparagraph (B) of this paragraph; and
"(D) the overall cost and schedule impacts associated with enabling Orion to meet the minimum capability requirements described in section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3)) and conducting the mission described in subparagraph (B) of this paragraph.
"(f)
"(1) an uncrewed exploration mission to demonstrate the capability of both the Space Launch System and Orion as an integrated system by 2018;
"(2) subject to applicable human rating processes and requirements, a crewed exploration mission to demonstrate the Space Launch System, including the Core Stage and Exploration Upper Stages, by 2021;
"(3) subsequent missions beginning with Artemis III at operational flight rate sufficient to maintain safety and operational readiness using the Space Launch System and Orion to extend into cis-lunar space and eventually to Mars; and
"(4) a deep space habitat as a key element in a deep space exploration architecture along with the Space Launch System and Orion.
"(g)
"(h)
"(1)
"(2)
"(A) consider the technical requirements of the scientific and national security communities related to a cargo variant of the Space Launch System; and
"(B) directly assess the utility and estimated cost savings obtained by using a cargo variant of the Space Launch System for national security and space science missions.
"(3)
[Pub. L. 117–167, div. B, title VII, §10817(a), Aug. 9, 2022, 136 Stat. 1740, which directed amendment of section 421 of the National Aeronautics and Space Administration Authorization Act of 2017, was executed by amending section 421 of Pub. L. 115–10, set out above, which is section 421 of the National Aeronautics and Space Administration Transition Authorization Act of 2017, to reflect the probable intent of Congress.]
[For definitions of terms used in section 421 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.]
Maintaining a Balanced Space Science Portfolio
Pub. L. 115–10, title V, §501, Mar. 21, 2017, 131 Stat. 48, provided that:
"(a)
"(1) a balanced and adequately funded set of activities, consisting of research and analysis grant programs, technology development, suborbital research activities, and small, medium, and large space missions, contributes to a robust and productive science program and serves as a catalyst for innovation and discovery; and
"(2) the Administrator [of the National Aeronautics and Space Administration] should set science priorities by following the guidance provided by the scientific community through the National Academies of Sciences, Engineering, and Medicine's decadal surveys.
"(b)
Planetary Science
Pub. L. 115–10, title V, §502, Mar. 21, 2017, 131 Stat. 48, provided that:
"(a)
"(1) Administration [National Aeronautics and Space Administration] support for planetary science is critical to enabling greater understanding of the solar system and the origin of the Earth;
"(2) the United States leads the world in planetary science and can augment its success in that area with appropriate international, academic, and industry partnerships;
"(3) a mix of small, medium, and large planetary science missions is required to sustain a steady cadence of planetary exploration; and
"(4) robotic planetary exploration is a key component of preparing for future human exploration.
"(b)
"(1)
"(2)
Extrasolar Planet Exploration Strategy
Pub. L. 115–10, title V, §508, Mar. 21, 2017, 131 Stat. 50, provided that:
"(a)
"(1)
"(2)
"(A) outline key scientific questions;
"(B) identify the most promising research in the field;
"(C) indicate the extent to which the mission priorities in existing decadal surveys address the key extrasolar planet research and exploration goals;
"(D) identify opportunities for coordination with international partners, commercial partners, and not-for-profit partners; and
"(E) make recommendations regarding the activities under subparagraphs (A) through (D), as appropriate.
"(b)
"(1) to inform roadmaps, strategic plans, and other activities of the Administration [National Aeronautics and Space Administration] as they relate to extrasolar planet research and exploration; and
"(2) to provide a foundation for future activities and initiatives related to extrasolar planet research and exploration.
"(c)
Astrobiology Strategy
Pub. L. 115–10, title V, §509, Mar. 21, 2017, 131 Stat. 50, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
Space Technology Research and Development
Pub. L. 115–10, title VII, §§701, 702, Mar. 21, 2017, 131 Stat. 56, 57 provided that:
"SEC. 701. SPACE TECHNOLOGY INFUSION.
"(a)
"(1) to developing technologies and capabilities that will make the Administration [National Aeronautics and Space Administration]'s core missions more affordable and more reliable;
"(2) to enabling a new class of Administration missions beyond low-Earth orbit; and
"(3) to improving technological capabilities and promote innovation for the Administration and the Nation.
"(b)
"(c)
"(d)
"SEC. 702. SPACE TECHNOLOGY PROGRAM.
"(a)
"(b)
"(1) the recommendations of the National Academies' review of the Administration's Space Technology roadmaps and priorities; and
"(2) the applicable enabling aspects of the stepping stone approach to exploration under section 70504 of title 51, United States Code.
"(c)
"(1) to the extent practicable, use a competitive process to select research and development projects;
"(2) to the extent practicable and appropriate, use small satellites and the Administration's suborbital and ground-based platforms to demonstrate space technology concepts and developments; and
"(3) as appropriate, partner with other Federal agencies, universities, private industry, and foreign countries.
"(d)
"(e)
"(f)
"(1)
"(A) ensure that the Administration's projects, programs, and activities in support of technology research and development of advanced space technologies are fully coordinated and aligned;
"(B) ensure that the results [of] the projects, programs, and activities under subparagraph (A) are shared and leveraged within the Administration; and
"(C) ensure that the organizational responsibility for research and development activities in support of human space exploration not initiated as of the date of enactment of this Act [Mar. 21, 2017] is established on the basis of a sound rationale.
"(2)
"(g)
"(1) comparing the Administration's space technology investments with the high-priority technology areas identified by the National Academies in the National Research Council's report on the Administration's Space Technology Roadmaps; and
"(2) including—
"(A) identification of how the Administration will address any gaps between the agency's investments and the recommended technology areas, including a projection of funding requirements; and
"(B) identification of the rationale described in subsection (f)(1)(C).
"(h)
Executive Documents
Space Policy Directive–6. National Strategy for Space Nuclear Power and Propulsion
Space Policy Directive–6, Dec. 16, 2020, 85 F.R. 82873, provided:
Memorandum for the Vice President[,] the Secretary of State[,] the Secretary of Defense[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Energy[,] the Director of the Office of Management and Budget[,] the Assistant to the President for National Security Affairs[,] the Administrator of the National Aeronautics and Space Administration[,] the Chairman of the Nuclear Regulatory Commission[, and] the Director of the Office of Science and Technology Policy
National Security Presidential Memorandum–20 (NSPM–20) of August 20, 2019 (Launch of Spacecraft Containing Space Nuclear Systems), updated the process for launches of spacecraft containing space nuclear systems. It established it as the policy of the United States to "develop and use space nuclear systems when such systems safely enable or enhance space exploration or operational capabilities."
Cooperation with commercial and international partners is critical to achieving America's objectives for space exploration. Presidential Policy Directive 4 of June 28, 2010 (National Space Policy), as amended by the Presidential Memorandum of December 11, 2017 (Reinvigorating America's Human Space Exploration Program) [82 F.R. 58501], established it as the policy of the United States to "[l]ead an innovative and sustainable program of exploration with commercial and international partners to enable human expansion across the solar system and to bring back to Earth new knowledge and opportunities."
This memorandum establishes a national strategy to ensure the development and use of SNPP systems when appropriate to enable and achieve the scientific, exploration, national security, and commercial objectives of the United States. In the context of this strategy only, the term "development" includes the full development process from design through testing and production, and the term "use" includes launch, operation, and disposition. This memorandum outlines high-level policy goals and a supporting roadmap that will advance the ability of the United States to use SNPP systems safely, securely, and sustainably. The execution of this strategy will be subject to relevant budgetary and regulatory processes and to the availability of appropriations.
(a) Develop uranium fuel processing capabilities that enable production of fuel that is suitable to lunar and planetary surface and in-space power, nuclear electric propulsion (NEP), and nuclear thermal propulsion (NTP) applications, as needed. These capabilities should support the ability to produce different uranium fuel forms to meet the nearest-term mission needs and, to the extent feasible, should maximize commonality—meaning use of the same or similar materials, processes, designs, or infrastructure—across these fuel forms. To maximize private-sector engagement and cost savings, these capabilities should be developed to enable a range of terrestrial as well as space applications, including future commercial applications;
(b) Demonstrate a fission power system on the surface of the Moon that is scalable to a power range of 40 kilowatt-electric (kWe) and higher to support a sustained lunar presence and exploration of Mars. To the extent feasible, this power system should align with mission needs for, and potential future government and commercial applications of, in-space power, NEP, and terrestrial nuclear power;
(c) Establish the technical foundations and capabilities—including through identification and resolution of the key technical challenges—that will enable options for NTP to meet future Department of Defense (DoD) and National Aeronautics and Space Administration (NASA) mission requirements; and
(d) Develop advanced RPS capabilities that provide higher fuel efficiency, higher specific energy, and longer operational lifetime than existing RPS capabilities, thus enabling survivable surface elements to support robotic and human exploration of the Moon and Mars and extending robotic exploration of the solar system.
(a) Safety. All executive departments and agencies (agencies) involved in the development and use of SNPP systems shall take appropriate measures to ensure, within their respective roles and responsibilities, the safe development, testing, launch, operation, and disposition of SNPP systems. For United States Government SNPP programs, the sponsoring agency holds primary responsibility for safety. For programs involving multiple agencies, the terms of cooperation shall designate a lead agency with primary responsibility for safety in each stage of development and use.
(i) Ground development. Activities associated with ground development, including ground testing, of SNPP systems shall be conducted in accordance with applicable Federal, State, and local laws and existing authorities of regulatory agencies.
(ii) Launch. NSPM–20 established safety guidelines and safety analysis and review processes for Federal Government launches of spacecraft containing space nuclear systems, including SNPP systems, and for launches for which the Department of Transportation has statutory authority to license as commercial space launch activities (commercial launches). These guidelines and processes address launch and any subsequent stages during which accidents may result in radiological effects on the public or the environment—for instance, in an unplanned reentry from Earth orbit or during an Earth flyby. Launch activities shall be conducted in accordance with these guidelines and processes.
(iii) Operation and disposition. The operation and disposition of SNPP systems shall be planned and conducted in a manner that protect human and environmental safety and national security assets. Fission reactor SNPP systems may be operated on interplanetary missions, in sufficiently high orbits, and in low-Earth orbits if they are stored in sufficiently high orbits after the operational part of their mission. In this context, a sufficiently high orbit is one in which the orbital lifetime of the spacecraft is long enough for the fission products to decay to a level of radioactivity comparable to that of uranium–235 by the time it reenters the Earth's atmosphere, and the risks to existing and future space missions and of collision with objects in space are minimized. Spacecraft operating fission reactors in low-Earth orbits shall incorporate a highly reliable operational system to ensure effective and controlled disposition of the reactor.
(b) Security. All agencies involved in the development and use of SNPP systems shall take appropriate measures to protect nuclear and radiological materials and sensitive information, consistent with sound nuclear nonproliferation principles. For United States Government SNPP programs, the sponsoring agency holds primary responsibility for security. For programs involving multiple agencies, the terms of cooperation shall designate a lead agency with primary responsibility for security in each stage of development and use. The use of highly enriched uranium (HEU) in SNPP systems should be limited to applications for which the mission would not be viable with other nuclear fuels or non-nuclear power sources. Before selecting HEU or, for fission reactor systems, any nuclear fuel other than low-enriched uranium (LEU), for any given SNPP design or mission, the sponsoring agency shall conduct a thorough technical review to assess the viability of alternative nuclear fuels. The sponsoring agency shall provide to the respective staffs of the National Security Council, the National Space Council, the Office of Science and Technology Policy, and the Office of Management and Budget a briefing that provides justification for why the use of HEU or other non-LEU fuel is required, and any steps the agency has taken to address nuclear safety, security, and proliferation-related risks. The Director of the Office of Science and Technology Policy shall ensure, through the National Science and Technology Council, that other relevant agencies are invited to participate in these briefings.
(c) Sustainability. All agencies involved in the development and use of SNPP systems shall take appropriate measures to conduct these activities in a manner that is suitable for the long-term sustainment of United States space capabilities and leadership in SNPP.
(i) Coordination and Collaboration. To maximize efficiency and return on taxpayer investment, the heads of relevant agencies shall seek and pursue opportunities to coordinate among existing and future SNPP development and use programs. Connecting current efforts with likely future applications will help ensure that such programs can contribute to long-term United States SNPP capabilities and leadership. Agencies also shall seek opportunities to partner with the private sector, including academic institutions, in order to facilitate contributions to United States SNPP capabilities and leadership. To help identify opportunities for collaboration, the heads of relevant agencies should conduct regular technical exchanges among SNPP programs, to the extent that such exchanges are consistent with the principle of security and comply with applicable Federal, State, and local laws. Agencies shall coordinate with the Department of State when seeking opportunities for international partnerships.
(ii) Commonality. The heads of relevant agencies shall seek to identify and use opportunities for commonality among SNPP systems, and between SNPP and terrestrial nuclear systems, whenever doing so could advance program and policy objectives without unduly inhibiting innovation or market development, or hampering system suitability to specific mission applications. For example, opportunities for commonality may exist in goals (e.g., demonstration timeline), reactor design, nuclear fuels (e.g., fuel type and form, and enrichment level), supplementary systems (e.g., power conversion, moderator, reflector, shielding, and system vessel), methods (e.g., additive manufacturing of fuel or reactor elements), and infrastructure (e.g., fuel supply, testing facilities, launch facilities, and workforce).
(iii) Cost-effectiveness. The heads of relevant agencies should pursue SNPP development and use solutions that are cost-effective while also consistent with the principles of safety and security. For any program or system, the heads of such agencies should seek to identify the combination of in-space and ground-based testing and certification that will best qualify the system for a given mission while ensuring public safety.
(b) The Secretary of State shall, under the direction of the President, coordinate United States activities related to international obligations and commitments and international cooperation involving SNPP.
(c) The Secretary of Defense shall conduct and support activities associated with development and use of SNPP systems to enable and achieve United States national security objectives. When appropriate, the Secretary of Defense shall facilitate private-sector engagement in DoD SNPP activities.
(d) The Secretary of Commerce shall promote responsible United States commercial SNPP investment, innovation, and use, and shall, when consistent with the authorities of the Secretary, ensure the publication of clear, flexible, performance-based rules that are applicable to use of SNPP and are easily navigated. Under the direction of the Secretary of Commerce, the Department of Commerce (DOC) shall ascertain and communicate the views of private-sector partners and potential private-sector partners to relevant agency partners in order to facilitate public-private collaboration in SNPP development and use.
(e) The Secretary of Transportation's statutory authority includes licensing commercial launches and reentries, including vehicles containing SNPP systems. Within this capacity, the Secretary of Transportation shall, when appropriate, facilitate private-sector engagement in the launch or reentry aspect of SNPP development and use activities, in support of United States science, exploration, national security, and commercial objectives. To help ensure the launch safety of an SNPP payload, and consistent with 51 U.S.C. 50904, a payload review may be conducted as part of a license application review or may be requested by a payload owner or operator in advance of or apart from a license application.
(f) The Secretary of Energy shall, in coordination with sponsoring agencies and other agencies, as appropriate, support development and use of SNPP systems to enable and achieve United States scientific, exploration, and national security objectives. When appropriate, the Secretary of Energy shall work with sponsoring agencies and DOC to facilitate United States private-sector engagement in Department of Energy (DOE) SNPP activities. Under the direction of the Secretary of Energy and consistent with the authorities granted to DOE, including authorities under the Atomic Energy Act of 1954 (AEA), as amended, 42 U.S.C. 2011, et seq., DOE may authorize ground-based SNPP development activities, including DOE activities conducted in coordination with sponsoring agencies and private-sector entities. As directed in NSPM–20, the Secretary of Energy shall maintain, on a full-cost recovery basis, the capability and infrastructure to develop, furnish, and conduct safety analyses for space nuclear systems for use in United States Government space systems.
(g) The Administrator of NASA shall conduct and support activities associated with development and use of SNPP systems to enable and achieve United States space science and exploration objectives. The Administrator of NASA shall establish the performance requirements for SNPP capabilities necessary to achieve those objectives. When appropriate, the Administrator of NASA shall facilitate private-sector engagement in NASA SNPP activities, and shall coordinate with the Secretary of Commerce and, as appropriate, the Secretary of State and the Secretary of Energy, to help facilitate private-sector SNPP activities.
(h) The Nuclear Regulatory Commission (NRC) has statutory authority under the AEA for licensing and regulatory safety and security oversight of commercial nuclear activities taking place within the United States. The NRC should, as appropriate and particularly in circumstances within NRC authority where DOE regulatory authorities cannot be applied, enable private-sector engagement in SNPP development and use activities in support of United States science, exploration, national security, and commercial objectives.
(i) The Director of the Office and Science and Technology Policy shall coordinate United States policy related to research and development of SNPP systems.
(a) By the mid-2020s, develop uranium fuel processing capabilities that enable production of fuel that is suitable for lunar and planetary surface and in-space power, NEP, and NTP applications, as needed.
(i) Identify relevant mission needs. DoD and NASA should provide to DOE any mission needs (e.g., power density, environment, and timelines) relevant to the identification of fuels suitable for planetary surface and in-space power, NEP, and NTP applications.
(ii) Identify candidate fuel or fuels. DoD and NASA, in cooperation with DOE and private-sector partners, as appropriate, should identify candidate fuel or fuels to meet the identified mission requirements. This review and assessment should account for current and expected United States capabilities to produce and qualify for use candidate fuels, and for potential commonality of fuels or fuel variants across multiple planetary surface and in-space power, in-space propulsion, and terrestrial applications.
(iii) Qualify at least one candidate fuel. DoD and NASA, in cooperation with DOE and private-sector partners, as appropriate, should qualify a fuel or fuels for demonstrations of a planetary surface power reactor and an in-space propulsion system. While seeking opportunities to use private-sector-partner capabilities, agencies should ensure that the Federal Government retains an ability for screening and qualification of candidate fuels.
(iv) Supply fuel for demonstrations. DOE, in cooperation with NASA and DoD, and with private-sector partners, as appropriate, should identify feedstock and uranium that can be made available for planetary surface power and in-space propulsion demonstrations. DOE shall ensure that any provision of nuclear material for SNPP will not disrupt enriched uranium supplies for the United States nuclear weapons program and the naval propulsion program, and that SNPP needs are included among broader considerations of nuclear fuel supply provisioning and management.
(b) By the mid- to late-2020s, demonstrate a fission power system on the surface of the Moon that is scalable to a power range of 40 kWe and higher to support sustained lunar presence and exploration of Mars.
(i) Initiate a surface power project. NASA should initiate a fission surface power project for lunar surface demonstration by 2027, with scalability to Mars exploration. NASA should consult with DoD and other agencies, and with the private sector, as appropriate, when developing project requirements.
(ii) Conduct technology and requirements assessment. NASA, in coordination with DoD and other agencies, and with private-sector partners, as appropriate, should evaluate technology options for a surface power system including reactor designs, power conversion, shielding, and thermal management. NASA should work with other agencies, and private-sector partners, as appropriate, to evaluate opportunities for commonality among other SNPP needs, including in-space power and terrestrial power needs, possible NEP technology needs, and reactor demonstrations planned by NASA, other agencies, or the private sector.
(iii) Engage the private sector. DOE and NASA should determine a mechanism or mechanisms for engaging with the private sector to meet NASA's SNPP surface power needs in an effective manner consistent with the guiding principles set forth in this memorandum. In evaluating mechanisms, DOE and NASA should consider the possibility of NASA issuing a request for proposal for the development and construction of the surface power reactor system or demonstration.
(iv) System development. NASA should work with DOE, and with other agencies and private-sector partners, as appropriate, to develop the lunar surface power demonstration project.
(v) Conduct demonstration mission. NASA, in coordination with other agencies and with private-sector partners, as appropriate, should launch and conduct the lunar surface power demonstration project.
(c) By the late-2020s, establish the technical foundations and capabilities—including through identification and resolution of the key technical challenges—that will enable NTP options to meet future DoD and NASA mission needs.
(i) Conduct requirements assessment. DoD and NASA, in cooperation with DOE, and with other agencies and private-sector partners, as appropriate, should assess the ability of NTP capabilities to enable and advance existing and potential future DoD and NASA mission requirements.
(ii) Conduct technology assessment. DoD and NASA, in cooperation with DOE, and with other agencies and private-sector partners, as appropriate, should evaluate technology options and associated key technical challenges for an NTP system, including reactor designs, power conversion, and thermal management. DoD and NASA should work with their partners to evaluate and use opportunities for commonality with other SNPP needs, terrestrial power needs, and reactor demonstration projects planned by agencies and the private sector.
(iii) Technology development. DoD, in coordination with DOE and other agencies, and with private-sector partners, as appropriate, should develop reactor and propulsion system technologies that will resolve the key technical challenges in areas such as reactor design and production, propulsion system and spacecraft design, and SNPP system integration.
(d) By 2030, develop advanced RPS capabilities that provide higher fuel efficiency, higher specific energy, and longer operational lifetime than existing RPS capabilities, thus enabling survivable surface elements to support robotic and human exploration of the Moon and Mars and extending robotic exploration of the solar system.
(i) Maintain RPS capability. Mission sponsoring agencies should assess their needs for radioisotope heat source material to meet emerging mission requirements, and should work with DOE to jointly identify the means to produce or acquire the necessary material on a timeline that meets mission requirements.
(ii) Engage the private sector. NASA, in coordination with DOE and DOC, should conduct an assessment of opportunities for engaging the private sector to meet RPS needs in an effective manner consistent with the guiding principles established in this memorandum.
(iii) Conduct technology and requirements assessment. NASA, in coordination with DOE and DoD, and with other agencies and private-sector partners, as appropriate, should assess requirements for next-generation RPS systems and evaluate technology options for meeting those requirements.
(iv) System development. DOE, in coordination with NASA and DoD, and with other agencies and private-sector partners, as appropriate, should develop one or more next-generation RPS system or systems to meet the goals of higher fuel efficiency, higher specific energy, and longer operational lifetime for the required range of power.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Energy is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
§20302. Vision for space exploration
(a)
(b)
(c)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3356; Pub. L. 115–10, title IV, §413, Mar. 21, 2017, 131 Stat. 33.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20302 | 42 U.S.C. 16611(b). | Pub. L. 109–155, title I, §101(b), Dec. 30, 2005, 119 Stat. 2898. |
Editorial Notes
Amendments
2017—Subsec. (a). Pub. L. 115–10, §413(1), inserted "in cis-lunar space or" after "sustained human presence".
Subsec. (b). Pub. L. 115–10, §413(2), amended subsec. (b) generally. Prior to amendment, text read as follows: "The Administrator shall manage human space flight programs to strive to achieve the following milestones (in conformity with section 70502 of this title):
"(1) Returning Americans to the Moon no later than 2020.
"(2) Launching the Crew Exploration Vehicle as close to 2010 as possible.
"(3) Increasing knowledge of the impacts of long duration stays in space on the human body using the most appropriate facilities available, including the International Space Station.
"(4) Enabling humans to land on and return from Mars and other destinations on a timetable that is technically and fiscally possible."
Subsec. (c). Pub. L. 115–10, §413(3), added subsec. (c).
Statutory Notes and Related Subsidiaries
Moon to Mars
Pub. L. 117–167, div. B, title VII, §10811, Aug. 9, 2022, 136 Stat. 1731, provided that:
"(a)
"(1) advances in space technology and space exploration capabilities—
"(A) ensure the long-term technological preeminence, economic competitiveness, STEM workforce development, and national security of the United States; and
"(B) offer profound inspirational value for future generations;
"(2) the Artemis missions—
"(A) will make further progress on advancing the human exploration roadmap to achieve human presence beyond low-Earth orbit to the surface of Mars, as required under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 115–10; 51 U.S.C. 20302 note);
"(B) should fulfill the goal of landing United States astronauts, including the first woman and the next man, on the Moon; and
"(C) should seek collaboration with commercial and international partners to establish sustainable lunar exploration, and should fund any sustainable lunar activities not directly required for the advancement of a human mission to Mars separately;
"(3) in carrying out the Artemis missions, the Administrator [of the National Aeronautics and Space Administration] should ensure that the entire Artemis program is inclusive and representative of all people of the United States, including women and minorities;
"(4) safe and successful execution of the roadmap to achieve human presence on Mars, including the Artemis missions, requires—
"(A) a clear strategic vision for achieving lunar and Mars exploration that is shared by NASA [National Aeronautics and Space Administration], international partners, nongovernmental partners, Congress, and the people of the United States;
"(B) a well-developed and executable timeline, budget, and mission architecture, to inform decisions, including decisions relating to workforce and infrastructure needs and the development of technical and nontechnical skills;
"(C) consistent NASA oversight of all relevant exploration activities, enabled by NASA leadership with authority, responsibility, and accountability for decisions and well-developed capabilities for systems engineering and integration;
"(D) clearly defined roles for NASA, international partners, and nongovernmental partners, including criteria for determining whether NASA should make, manage, or buy key capabilities; and
"(E) mechanisms to ensure NASA insight into the activities of its international and nongovernmental partners, as required to identify and mitigate risks to mission safety and success.
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) The Space Launch System under section 20302 of title 51, United States Code.
"(ii) The Orion crew vehicle under such section.
"(iii) Exploration Ground Systems.
"(iv) An outpost in orbit around the Moon under section 70504 of such title [probably should be "section 70505 of such title"].
"(v) Human-rated landing systems.
"(vi) Spacesuits.
"(vii) Any other element needed to meet the requirements for the Program.
"(C)
"(i) each Artemis mission demonstrates or advances a technology or operational concept that will enable human missions to Mars;
"(ii) the Program incorporates each such mission into the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 115–10; 51 U.S.C. 20302 note); and
"(iii) the Program includes cislunar space exploration activities that—
"(I) use a combination of launches of the Space Launch System and space transportation services from United States commercial providers, as appropriate, for each such mission;
"(II) plan for not fewer than 1 Space Launch System launch annually beginning after the first successful crewed launch of Orion on the Space Launch System, with a goal of 2 Space Launch System launches annually as soon as practicable; and
"(III) establish an outpost in orbit around the Moon that—
"(aa) demonstrates technologies, systems, and operational concepts directly applicable to the space vehicle that will be used to transport humans to Mars;
"(bb) has the capability for periodic human habitation; and
"(cc) functions as a point of departure, return, or staging for missions to multiple locations on the lunar surface or other destinations.
"(3)
"(A)
"(B)
"(i) to implement—
"(I) Program-level requirements; and
"(II) an architecture and program plan developed to meet such requirements;
"(ii) to manage resources, personnel, and contracts necessary to implement the Program, as appropriate;
"(iii) to manage cost, risk, schedule, and performance factors;
"(iv) to direct and oversee a Program-wide systems engineering and integration and integrated risk management function; and
"(v) to carry out other authorities, in accordance with [National Aeronautics and Space] Administration policies and procedures.
"(C)
"(i) developing and managing—
"(I) an integrated master plan, integrated master schedule, and integrated risk management procedures for the Program;
"(II) a Program-wide systems engineering and integration function as described in subsection (c);
"(III) plans for technology and capabilities development;
"(IV) logistics support, science data management, communications, and other plans that are relevant to the functions of the Office; and
"(V) performance measures to assess the progress of the Program;
"(ii) advising the Associate Administrator of the Exploration Systems Development Mission Directorate on the development of—
"(I) Program-level requirements, including for a human Mars orbital mission and a human mission to the surface of Mars; and
"(II) an architecture based on the requirements described in subclause (I); and
"(iii) informing the Associate Administrator of the Administration on coordination among NASA centers, as required to most efficiently achieve the goals of the Program.
"(c)
"(1) establish within the Office a Program-wide systems engineering and integration function; and
"(2) appoint a manager for such function to manage systems engineering and integration activities across the Program, including with respect to the Program elements described in subsection (b)(2).
"(d)
"(1) for the purposes of reducing risk and complexity and making the maximum use of taxpayer investments to date, in conducting Artemis activities, the Administration does not take any action in regard to the design of the Exploration Upper Stage-enhanced Space Launch System that would preclude it from carrying an integrated human-rated lunar landing system for crewed lunar landing missions;
"(2) the Program maintains a robust series of ground-based and in-flight testing activities, including, with respect to each crewed system design, not less than 1 uncrewed flight test, followed by a crewed flight test, as appropriate, prior to use of the design on a human-rated lunar landing system or Mars mission; and
"(3) human lunar landing missions under the Program, including surface and in-space activities, are carried out solely by government astronauts.
"(e)
"(1) progress towards the establishment of—
"(A) the Office, the Program, and the Program architecture; and
"(B) the integrated master plan, integrated master schedule, and integrated risk management procedures for the Program;
"(2) performance measures and milestones for the Program and any interim assessment with respect to such performance measures, as practicable;
"(3) initial criteria for determining whether NASA should make, manage, or buy key capabilities within the Program or engage with international partners to access such capabilities;
"(4) strategies to ensure consistent insight into the activities of NASA partners, including nongovernmental partners, as required to identify and mitigate mission risks;
"(5) progress towards the establishment of a systems engineering and integration function; and
"(6) an annual budget profile for resources required to implement the Program during the 5-year period beginning on the date of the enactment of this Act."
[For definition of "STEM" as used in section 10811 of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
[For definitions of "Orion", "cislunar space", and "government astronauts" as used in section 10811 of Pub. L. 117–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
Human Space Exploration
Pub. L. 115–10, title IV, §§431, 432, Mar. 21, 2017, 131 Stat. 38, as amended by Pub. L. 117–167, div. B, title VII, §10817(b), Aug. 9, 2022, 136 Stat. 1740, provided that:
"SEC. 431. FINDINGS ON HUMAN SPACE EXPLORATION.
"Congress makes the following findings:
"(1) In accordance with section 204 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2813), the National Academies of Sciences, Engineering, and Medicine, through its Committee on Human Spaceflight, conducted a review of the goals, core capabilities, and direction of human space flight, and published the findings and recommendations in a 2014 report entitled, 'Pathways to Exploration: Rationales and Approaches for a U.S. Program of Human Space Exploration'.
"(2) The Committee on Human Spaceflight included leaders from the aerospace, scientific, security, and policy communities.
"(3) With input from the public, the Committee on Human Spaceflight concluded that many practical and aspirational rationales for human space flight together constitute a compelling case for continued national investment and pursuit of human space exploration toward the horizon goal of Mars.
"(4) According to the Committee on Human Spaceflight, the rationales include economic benefits, national security, national prestige, inspiring students and other citizens, scientific discovery, human survival, and a sense of shared destiny.
"(5) The Committee on Human Spaceflight affirmed that Mars is the appropriate long-term goal for the human space flight program.
"(6) The Committee on Human Spaceflight recommended that NASA define a series of sustainable steps and conduct mission planning and technology development as needed to achieve the long-term goal of placing humans on the surface of Mars.
"(7) Expanding human presence beyond low-Earth orbit and advancing toward human missions to Mars requires early planning and timely decisions to be made in the near-term on the necessary courses of action for commitments to achieve short-term and long-term goals and objectives.
"(8) In addition to the 2014 report described in paragraph (1), there are several independently developed reports or concepts that describe potential Mars architectures or concepts and identify Mars as the long-term goal for human space exploration, including NASA's 'The Global Exploration Roadmap' of 2013, 'NASA's Journey to Mars–Pioneering Next Steps in Space Exploration' of 2015, NASA Jet Propulsion Laboratory's 'Minimal Architecture for Human Journeys to Mars' of 2015, and Explore Mars' 'The Humans to Mars Report 2016'.
"SEC. 432. HUMAN EXPLORATION ROADMAP.
"(a)
"(1) expanding human presence beyond low-Earth orbit and advancing toward human missions to Mars in the 2030s requires early strategic planning and timely decisions to be made in the near-term on the necessary courses of action for commitments to achieve short-term and long-term goals and objectives;
"(2) for strong and sustained United States leadership, a need exists to advance a human exploration roadmap, addressing exploration objectives in collaboration with international, academic, and industry partners;
"(3) an approach that incrementally advances toward a long-term goal is one in which nearer-term developments and implementation would influence future development and implementation; and
"(4) a human exploration roadmap should begin with low-Earth orbit, then address in greater detail progress beyond low-Earth orbit to cis-lunar space, and then address future missions aimed at human arrival and activities near and then on the surface of Mars.
"(b)
"(1)
"(2)
"(A) an integrated set of exploration, science, and other goals and objectives of a United States human space exploration program to achieve the long-term goal of human missions near or on the surface of Mars in the 2030s;
"(B) opportunities for international, academic, and industry partnerships for exploration-related systems, services, research, and technology if those opportunities provide cost-savings, accelerate program schedules, or otherwise benefit the goals and objectives developed under subparagraph (A);
"(C) sets and sequences of precursor missions in cis-lunar space and other missions or activities necessary—
"(i) to demonstrate the proficiency of the capabilities and technologies identified under subparagraph (D); and
"(ii) to meet the goals and objectives developed under subparagraph (A), including anticipated timelines and missions for the Space Launch System and Orion;
"(D) an identification of the specific capabilities and technologies, including the Space Launch System, Orion, a deep space habitat, and other capabilities, that facilitate the goals and objectives developed under subparagraph (A);
"(E) a description of how cis-lunar elements, objectives, and activities advance the human exploration of Mars;
"(F) an assessment of potential human health and other risks, including radiation exposure;
"(G) mitigation plans, whenever possible, to address the risks identified in subparagraph (F);
"(H) a description of those technologies already under development across the Federal Government or by other entities that facilitate the goals and objectives developed under subparagraph (A);
"(I) a specific process for the evolution of the capabilities of the fully integrated Orion with the Space Launch System and a description of how these systems facilitate the goals and objectives developed under subparagraph (A) and demonstrate the capabilities and technologies described in subparagraph (D);
"(J) a description of the capabilities and technologies that need to be demonstrated or research data that could be gained through the utilization of the ISS and the status of the development of such capabilities and technologies;
"(K) a framework for international cooperation in the development of all capabilities and technologies identified under this section, including an assessment of the risks posed by relying on international partners for capabilities and technologies on the critical path of development;
"(L) a process for partnering with nongovernmental entities using Space Act Agreements or other acquisition instruments for future human space exploration; and
"(M) include [sic] information on the phasing of planned intermediate destinations, Mars mission risk areas and potential risk mitigation approaches, technology requirements and phasing of required technology development activities, the management strategy to be followed, related ISS activities, planned international collaborative activities, potential commercial contributions, and other activities relevant to the achievement of the goal established in this section.
"(3)
"(A) using key exploration capabilities, namely the Space Launch System and Orion;
"(B) using existing commercially available technologies and capabilities or those technologies and capabilities being developed by industry for commercial purposes;
"(C) establishing an organizational approach to ensure collaboration and coordination among NASA's Mission Directorates under section 821 [set out as a note under section 20111 of this title], when appropriate, including to collect and return to Earth a sample from the Martian surface;
"(D) building upon the initial uncrewed mission, Artemis I, and first crewed mission, Artemis II, of the Space Launch System and Orion to establish a sustainable cadence of missions extending human exploration missions into cis-lunar space, including anticipated timelines and milestones;
"(E) developing the robotic and precursor missions and activities that will demonstrate, test, and develop key technologies and capabilities essential for achieving human missions to Mars, including long-duration human operations beyond low-Earth orbit, space suits, solar electric propulsion, deep space habitats, environmental control life support systems, Mars lander and ascent vehicle, entry, descent, landing, ascent, Mars surface systems, and in-situ resource utilization;
"(F) demonstrating and testing 1 or more habitat modules in cis-lunar space to prepare for Mars missions;
"(G) using public-private, firm fixed-price partnerships, where practicable;
"(H) collaborating with international, academic, and industry partners, when appropriate;
"(I) any risks to human health and sensitive onboard technologies, including radiation exposure;
"(J) any risks identified through research outcomes under the NASA Human Research Program's Behavioral Health Element; and
"(K) the recommendations and ideas of several independently developed reports or concepts that describe potential Mars architectures or concepts and identify Mars as the long-term goal for human space exploration, including the reports described under section 431.
"(4)
"(A) identifying and defining key decisions guiding human space exploration priorities and plans that need to be made before June 30, 2020, including decisions that may guide human space exploration capability development, precursor missions, long-term missions, and activities;
"(B) defining decisions needed to maximize efficiencies and resources for reaching the near, intermediate, and long-term goals and objectives of human space exploration; and
"(C) identifying and defining timelines and milestones for a sustainable cadence of missions beginning with Artemis III for the Space Launch System and Orion to extend human exploration from cis-lunar space to the surface of Mars.
"(5)
"(A)
"(i) an initial human exploration roadmap, including a critical decision plan, before December 1, 2017; and
"(ii) an updated human exploration roadmap periodically as the Administrator considers necessary but not less than biennially.
"(B)
"(i) the achievements and goals accomplished in the process of developing such capabilities and technologies during the 2-year period prior to the submission of the human exploration roadmap; and
"(ii) the expected goals and achievements in the following 2-year period.
"(C)
[Pub. L. 117–167, div. B, title VII, §10817(b), Aug. 9, 2022, 136 Stat. 1740, which directed amendment of section 432(b) of the National Aeronautics and Space Administration Authorization Act of 2017, was executed by amending section 432(b) of Pub. L. 115–10, set out above, which is section 432(b) of the National Aeronautics and Space Administration Transition Authorization Act of 2017, to reflect the probable intent of Congress.]
[For definitions of terms used in sections 431 and 432 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.]
§20303. Contribution to innovation
(a)
(b)
(c)
(d)
(1)
(2)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20303(a) | 42 U.S.C. 16611a(a). | Pub. L. 110–69, title II, §2001(a), (b), (c), (e), Aug. 9, 2007, 121 Stat. 582. |
| 20303(b) | 42 U.S.C. 16611a(b). | |
| 20303(c) | 42 U.S.C. 16611a(c). | |
| 20303(d) | 42 U.S.C. 16611a(e). |
Editorial Notes
References in Text
Section 101(d) of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16611(d)), referred to in subsec. (c), is section 101(d) of Pub. L. 109–155, title I, Dec. 30, 2005, 119 Stat. 2897, which was omitted from the Code following the enactment of this title by Pub. L. 111–314.
Statutory Notes and Related Subsidiaries
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)
"(b)
"(c)
"(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."
1 See References in Text note below.
§20304. Basic research enhancement
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20304 | 42 U.S.C. 16658. | Pub. L. 110–69, title II, §2003, Aug. 9, 2007, 121 Stat. 583. |
§20305. National Academies decadal surveys
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20305 | 42 U.S.C. 17823. | Pub. L. 110–422, title XI, §1104, Oct. 15, 2008, 122 Stat. 4809. |
Statutory Notes and Related Subsidiaries
Implementation of Decadal Survey's Recommended Decision Rules
Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 622, provided in part: "That NASA shall implement the recommendations of the most recent National Research Council planetary decadal survey and shall follow the decadal survey's recommended decision rules regarding program implementation, including a strict adherence to the recommendation that NASA include in a balanced program a flagship class mission, which may be executed in cooperation with one or more international partners, if such mission can be appropriately de-scoped and all NASA costs for such mission can be accommodated within the overall funding levels appropriated by Congress".
Subtitle III—Administrative Provisions
CHAPTER 301—APPROPRIATIONS, BUDGETS, AND ACCOUNTING
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30101 | 42 U.S.C. 2460. | Pub. L. 86–45, §4, June 15, 1959, 73 Stat. 75. |
The word "hereafter" is omitted as unnecessary.
§30102. Working capital fund
(a)
(b)
(1)
(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)
(3)
(4)
(c)
(1) amounts appropriated to the fund;
(2) the reasonable value of stocks of supplies, equipment, and other assets and inventories on order that the Administrator transfers to the fund, less the related liabilities and unpaid obligations;
(3) payments received for loss or damage to property of the fund; and
(4) refunds or rebates received on an on-going basis from a credit card services provider under the National Aeronautics and Space Administration's credit card programs.
(d)
(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; Pub. L. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4549.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30102 | 42 U.S.C. 2459i. | Pub. L. 108–7, div. K, title III, (last par. under heading "Administrative Provisions", at 117 Stat. 520), Feb. 20, 2003, 117 Stat. 520. |
Editorial Notes
References in Text
Section 1077(b)(3)(A)–(E) of Public Law 115–91, referred to in subsec. (b)(3), is section 1077(b)(3)(A)–(E) of Pub. L. 115–91, div. A, title X, subtitle G, Dec. 12, 2017, 131 Stat. 1587, which is set out in a note under section 11301 of Title 40, Public Buildings, Property, and Works.
Amendments
2022—Subsec. (b)(3), (4). Pub. L. 117–328 added par. (3) and redesignated former par. (3) as (4).
2013—Subsec. (c)(4). Pub. L. 113–6 added par. (4).
§30103. Budgets
(a)
(1) by program—
(A) the budget for space operations, including the International Space Station and the space shuttle;
(B) the budget for exploration systems;
(C) the budget for aeronautics;
(D) the budget for space science;
(E) the budget for Earth science;
(F) the budget for microgravity science;
(G) the budget for education;
(H) the budget for safety oversight; and
(I) the budget for public relations;
(2) the budget for technology transfer programs;
(3) the budget for the Integrated Enterprise Management Program, by individual element;
(4) the budget for the Independent Technical Authority, both total and by center;
(5) the total budget for the prize program under section 20144 of this title, and the administrative budget for that program; and
(6) the comparable figures for at least the 2 previous fiscal years for each item in the proposed budget.
(b)
(1) information on corporate and center general and administrative costs and service pool costs, including—
(A) the total amount of funds being allocated for those purposes for any fiscal year for which the President has submitted an annual budget request to Congress;
(B) the amount of funds being allocated for those purposes for each center, for headquarters, and for each directorate; and
(C) the major activities included in each cost category; and
(2) the figures on the amount of unobligated funds and unexpended funds, by appropriations account—
(A) that remained at the end of the fiscal year prior to the fiscal year in which the budget is being presented that were carried over into the fiscal year in which the budget is being presented;
(B) that are estimated will remain at the end of the fiscal year in which the budget is being presented that are proposed to be carried over into the fiscal year for which the budget is being presented; and
(C) that are estimated will remain at the end of the fiscal year for which the budget is being presented.
(c)
(1) The actual, current, proposed funding level, and estimated budgets for the next 5 fiscal years by directorate, theme, program, project and activity within each appropriations account.
(2) The proposed programmatic and non-programmatic construction of facilities.
(3) The budget for headquarters including—
(A) the budget by office, and any division thereof, for the actual, current, proposed funding level, and estimated budgets for the next 5 fiscal years;
(B) the travel budget for each office, and any division thereof, for the actual, current, and proposed funding level; and
(C) the civil service full time equivalent assignments per headquarters office, and any division thereof, including the number of Senior Executive Service, noncareer, detailee, and contract personnel per office.
(4) Within 14 days of the submission of the budget to Congress an accompanying volume shall be provided to the Committees on Appropriations containing the following information for each center, facility managed by any center, and federally funded research and development center operated on behalf of the Administration:
(A) The actual, current, proposed funding level, and estimated budgets for the next 5 fiscal years by directorate, theme, program, project, and activity.
(B) The proposed programmatic and non-programmatic construction of facilities.
(C) The number of civil service full time equivalent positions per center for each identified fiscal year.
(D) The number of civil service full time equivalent positions considered to be uncovered capacity at each location for each identified fiscal year.
(5) The proposed budget as designated by object class for each directorate, theme, and program.
(6) Sufficient narrative shall be provided to explain the request for each program, project, and activity, and an explanation for any deviation to previously adopted baselines for all justification materials provided to the Committees.
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3358.)
| 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) | 42 U.S.C. 16611(i). | |
| 30103(c) | 42 U.S.C. 16611b. | Pub. L. 110–161, div. B, title III, (7th par. under heading "Administrative Provisions", at 121 Stat. 1919), Dec. 26, 2007, 121 Stat. 1919. |
| 30103(d) | 42 U.S.C. 16611b note. | Pub. L. 111–8, div. B, title III, (3d proviso in par. under heading "Cross Agency Support", at 123 Stat. 589), Mar. 11, 2009, 123 Stat. 589. |
In subsection (a)(5), the source law's reference to "section 104" of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2910) is translated as "section 20144" of title 51. Section 104 of the National Aeronautics and Space Administration Authorization Act of 2005 amended the National Aeronautics and Space Act of 1958 (Public Law 85–568, 72 Stat. 426) by inserting a new section 314, which is restated as section 20144 of title 51.
In subsection (b), in the matter before paragraph (1), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
In subsection (c), in the matter before paragraph (1), the words "For fiscal year 2009 and hereafter" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
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. 118–42, div. C, title III, Mar. 9, 2024, 138 Stat. 160, 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. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4548.
Pub. L. 117–103, div. B, title III, Mar. 15, 2022, 136 Stat. 137.
Pub. L. 116–260, div. B, title III, Dec. 27, 2020, 134 Stat. 1270.
Pub. L. 116–93, div. B, title III, Dec. 20, 2019, 133 Stat. 2418.
Pub. L. 116–6, div. C, title III, Feb. 15, 2019, 133 Stat. 123.
Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 431.
Pub. L. 115–31, div. B, title III, May 5, 2017, 131 Stat. 214.
Pub. L. 114–113, div. B, title III, Dec. 18, 2015, 129 Stat. 2318.
Pub. L. 113–235, div. B, title III, Dec. 16, 2014, 128 Stat. 2203.
Pub. L. 113–76, div. B, title III, Jan. 17, 2014, 128 Stat. 72.
Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. 263.
Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 625.
Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. 3144.
Transmission of Budget Estimates
Pub. L. 102–588, title II, §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)
(1)
(2)
(3)
(4)
(b)
(1)
(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)
(3)
(c)
(1)
(2)
(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)
(d)
(1)
(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)
(3)
(e)
(1)
(A) transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, not later than 15 days after making the determination, a report that includes—
(i) a description of the increase in cost or delay in schedule and a detailed explanation for the increase or delay;
(ii) a description of actions taken or proposed to be taken in response to the cost increase or delay; and
(iii) a description of any impacts the cost increase or schedule delay, or the actions described under clause (ii), will have on any other program within the Administration; and
(B) if the Administrator intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum—
(i) the projected cost and schedule for completing the program if current requirements of the program are not modified;
(ii) the projected cost and the schedule for completing the program after instituting the actions described under subparagraph (A)(ii); and
(iii) a description of, and the projected cost and schedule for, a broad range of alternatives to the program.
(2)
(f)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3360; Pub. L. 115–10, title VIII, §828, Mar. 21, 2017, 131 Stat. 66.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30104 | 42 U.S.C. 16613. | 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).
Editorial Notes
Amendments
2017—Subsec. (a)(1). Pub. L. 115–10 substituted "Procedural Requirements 7120.5E, dated August 14, 2012" for "Procedural Requirements 7120.5c, dated March 22, 2005".
Statutory Notes and Related Subsidiaries
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
Statutory Notes and Related Subsidiaries
One Small Step to Protect Human Heritage in Space
Pub. L. 116–275, Dec. 31, 2020, 134 Stat. 3358, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'One Small Step to Protect Human Heritage in Space Act'.
"SEC. 2. FINDINGS; SENSE OF CONGRESS.
"(a) Findings.—Congress makes the following findings:
"(1) On July 16, 1969, the Apollo 11 spacecraft launched from the John F. Kennedy Space Center carrying Neil A. Armstrong, Edwin E. 'Buzz' Aldrin, Jr., and Michael Collins.
"(2) July 20, 2019, marked the 50th anniversary of the date on which the Apollo 11 spacecraft landed on the Moon and Neil Armstrong and Buzz Aldrin became the first humans to set foot on a celestial body off the Earth.
"(3) The landing of the Apollo 11 spacecraft and humanity's first off-world footprints are achievements unparalleled in history, a direct product of the work and perseverance of the more than 400,000 individuals who contributed to the development of the Apollo missions on the shoulders of centuries of science and engineering pioneers from all corners of the world.
"(4) Among the thousands of individuals who have contributed to the achievements of the National Aeronautics and Space Administration (in this section referred to as 'NASA') are African-American women such as Katherine Johnson, Dorothy Vaughn, Mary Jackson, and Dr. Christine Darden, who made critical contributions to NASA space programs. Katherine Johnson worked at NASA for 35 years and calculated the trajectory of the Apollo 11 landing and the trajectories for the spaceflights of astronauts Alan Shepard and John Glenn. Katherine Johnson, together with many other individuals the work of whom often went unacknowledged, helped broaden the scope of space travel and charted new frontiers for humanity's exploration of space.
"(5) The landing of the Apollo 11 spacecraft was made on behalf of all humankind, and Neil Armstrong and Buzz Aldrin were accompanied by messages of peace from the leaders of more than 70 countries.
"(6) The lunar landing sites of the Apollo 11 spacecraft, the robotic spacecraft that preceded the Apollo 11 mission, and the crewed and robotic spacecraft that followed, are of outstanding universal value to humanity.
"(7) Such landing sites—
"(A) are the first archaeological sites with human activity that are not on Earth;
"(B) provide evidence of the first achievements of humankind in the realm of space travel and exploration; and
"(C) contain artifacts and other evidence of human exploration activities that remain a potential source of cultural, historical, archaeological, anthropological, scientific, and engineering knowledge.
"(8) On July 20, 2011, NASA published the voluntary guidance entitled 'NASA's Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts'.
"(9) In March 2018, the Office of Science and Technology Policy published a report entitled 'Protecting & Preserving Apollo Program Lunar Landing Sites & Artifacts'.
"(10) Article one of the 'Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies,' commonly known as the 'Outer Space Treaty,' states '[o]uter space, including the moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.'
"(11) Article eight of the Outer Space Treaty states, '[a] State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth.'
"(12) Article nine of the Outer Space Treaty states, '[i]n the exploration and use of outer space, including the moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all their activities in outer space, including the moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty,' and continues, '[i]f a State Party to the Treaty has reason to believe that an activity or experiment planned by it or its nationals in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities of other States Parties in the peaceful exploration and use of outer space, including the moon and other celestial bodies, it shall undertake appropriate international consultations before proceeding with any such activity or experiment. A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the moon and other celestial bodies, may request consultation concerning the activity or experiment.
"(b)
"(1) as commercial enterprises and more countries acquire the ability to land on the Moon, it is necessary to encourage the development of best practices to respect the principle of due regard and to limit harmful interference to the Apollo landing site artifacts in acknowledgment of the human effort and innovation they represent, as well as their archaeological, anthropological, historical, scientific, and engineering significance and value; and
"(2) the Administrator of the National Aeronautics and Space Administration should continue to develop best practices to respect the principle of due regard and limit harmful interference with historic Apollo lunar landing site artifacts.
"SEC. 3. BEST PRACTICES RELATED TO APOLLO HISTORIC LUNAR LANDING SITE ARTIFACTS.
"(a)
"(1) add the recommendations in subsection (b) as a condition or requirement to contracts, grants, agreements, partnerships or other arrangements pertaining to lunar activities carried out by, for, or in partnership with the National Aeronautics and Space Administration;
"(2) inform other relevant Federal agencies of the recommendations described in subsection (b); and
"(3) encourage the use of best practices, consistent with the recommendations in subsection (b), by other relevant Federal agencies.
"(b)
"(1) 'NASA's Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts' issued by the National Aeronautics and Space Administration on July 20, 2011, and updated on October 28, 2011; and
"(2) any successor recommendations, guidelines, best practices, or standards relating to the principle of due regard and the limitation of harmful interference with Apollo landing site artifacts issued by the National Aeronautics and Space Administration.
"(c)
"(1) such waiver is accompanied by a finding from the Administrator that carrying out the obligation of subsection (a)(1) would be unduly prohibitive to an activity or activities of legitimate and significant historical, archaeological, anthropological, scientific, or engineering value; and
"(2) the finding in paragraph (1) is provided to the 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 30 days prior to the waiver taking effect."
Detection and Avoidance of Counterfeit Parts
Pub. L. 115–10, title VIII, §823, Mar. 21, 2017, 131 Stat. 62, as amended by Pub. L. 117–81, div. A, title XVII, §1702(l)(11), Dec. 27, 2021, 135 Stat. 2161, provided that:
"(a)
"(1) A 2012 investigation by the Committee on Armed Services of the Senate of counterfeit electronic parts in the Department of Defense supply chain from 2009 through 2010 uncovered 1,800 cases and over 1,000,000 counterfeit parts and exposed the threat such counterfeit parts pose to service members and national security.
"(2) Since 2010, the Comptroller General of the United States has identified in 3 separate reports the risks and challenges associated with counterfeit parts and counterfeit prevention at both the Department of Defense and NASA, including inconsistent definitions of counterfeit parts, poorly targeted quality control practices, and potential barriers to improvements to these practices.
"(b)
"(c)
"(1)
"(2)
"(A) require each covered contractor—
"(i) to detect and avoid the use or inclusion of any counterfeit parts in electronic parts or products that contain electronic parts;
"(ii) to take such corrective actions as the Administrator considers necessary to remedy the use or inclusion described in clause (i); and
"(iii) including a subcontractor, to notify the applicable NASA contracting officer not later than 30 calendar days after the date the covered contractor becomes aware, or has reason to suspect, that any end item, component, part or material contained in supplies purchased by NASA, or purchased by a covered contractor or subcontractor for delivery to, or on behalf of, NASA, contains a counterfeit electronic part or suspect counterfeit electronic part; and
"(B) prohibit the cost of counterfeit electronic parts, suspect counterfeit electronic parts, and any corrective action described under subparagraph (A)(ii) from being included as allowable costs under agency contracts, unless—
"(i)(I) the covered contractor has an operational system to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts that has been reviewed and approved by NASA or the Department of Defense; and
"(II) the covered contractor has provided the notice under subparagraph (A)(iii); or
"(ii) the counterfeit electronic parts or suspect counterfeit electronic parts were provided to the covered contractor as Government property in accordance with part 45 of the Federal Acquisition Regulation.
"(3)
"(A) require NASA and covered contractors, including subcontractors, at all tiers—
"(i) to obtain electronic parts that are in production or currently available in stock from—
"(I) the original manufacturers of the parts or their authorized dealers; or
"(II) suppliers who obtain such parts exclusively from the original manufacturers of the parts or their authorized dealers; and
"(ii) to obtain electronic parts that are not in production or currently available in stock from suppliers that meet qualification requirements established under subparagraph (C);
"(B) establish documented requirements consistent with published industry standards or Government contract requirements for—
"(i) notification of the agency; and
"(ii) inspection, testing, and authentication of electronic parts that NASA or a covered contractor, including a subcontractor, obtains from any source other than a source described in subparagraph (A);
"(C) establish qualification requirements, consistent with the requirements of section 3243 of title 10, United States Code, pursuant to which NASA may identify suppliers that have appropriate policies and procedures in place to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts; and
"(D) authorize a covered contractor, including a subcontractor, to identify and use additional suppliers beyond those identified under subparagraph (C) if—
"(i) the standards and processes for identifying such suppliers comply with established industry standards;
"(ii) the covered contractor assumes responsibility for the authenticity of parts provided by such suppliers under paragraph (2); and
"(iii) the selection of such suppliers is subject to review and audit by NASA.
"(d)
"(1)
"(2)
[For definitions of terms used in section 823 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.]
Avoiding Organizational Conflicts of Interest in Major Administration Acquisition Programs
Pub. L. 115–10, title VIII, §830, Mar. 21, 2017, 131 Stat. 66, provided that:
"(a)
"(b)
"(1) address organizational conflicts of interest that could potentially arise as a result of—
"(A) lead system integrator contracts on major acquisition programs and contracts that follow lead system integrator contracts on such programs, particularly contracts for production;
"(B) the ownership of business units performing systems engineering and technical assistance functions, professional services, or management support services in relation to major acquisition programs by contractors who simultaneously own business units competing to perform as either the prime contractor or the supplier of a major subsystem or component for such programs;
"(C) the award of major subsystem contracts by a prime contractor for a major acquisition program to business units or other affiliates of the same parent corporate entity, and particularly the award of subcontracts for software integration or the development of a proprietary software system architecture; or
"(D) the performance by, or assistance of, contractors in technical evaluations on major acquisition programs;
"(2) require the Administration to request advice on systems architecture and systems engineering matters with respect to major acquisition programs from objective sources independent of the prime contractor;
"(3) require that a contract for the performance of systems engineering and technical assistance functions for a major acquisition program contains a provision prohibiting the contractor or any affiliate of the contractor from participating as a prime contractor or a major subcontractor in the development of a system under the program; and
"(4) establish such limited exceptions to the requirement[s] in paragraphs (2) and (3) as the Administrator considers necessary to ensure that the Administration has continued access to advice on systems architecture and systems engineering matters from highly qualified contractors with domain experience and expertise, while ensuring that such advice comes from sources that are objective and unbiased."
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30301 | 42 U.S.C. 2459d. | Pub. L. 102–139, title III, (1st par. under heading "Administrative Provisions", at 105 Stat. 771), Oct. 28, 1991, 105 Stat. 771. |
The words "in this or any other Act with respect to any fiscal year" are omitted as unnecessary.
§30302. Quality assurance personnel
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3363.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30302 | 42 U.S.C. 2459e. | 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)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3363.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30303(a) | 42 U.S.C. 2463 (1st par.). | Pub. L. 95–76, §6, July 30, 1977, 91 Stat. 315; Pub. L. 103–437, §15(c)(3), Nov. 2, 1994, 108 Stat. 4592. |
| 30303(b) | 42 U.S.C. 2463 (last par.). |
In subsection (b), the words "Committee on Science and Technology" are substituted for "Committee on Science, Space, and Technology" on authority of section 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
In subsection (b), the word "hereafter" is omitted as unnecessary.
Statutory Notes and Related Subsidiaries
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 disadvantaged individuals (within the meaning of paragraphs (5) and (6) of section 8(a) of the Small Business Act (15 U.S.C. 637(a))), including Historically Black Colleges and Universities that are part B institutions (as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))), Hispanic-serving institutions (as defined in section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or Universities (as defined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Native-serving institutions (as defined in section 317(b)(2) of that Act (20 U.S.C. 1059d(b)(2))), Native Hawaiian-serving institutions (as defined in section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority educational institutions (as defined by the Secretary of Education pursuant to the General Education Provisions Act (20 U.S.C. 1221 et seq.)).
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3364.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30304 | 42 U.S.C. 2473b (1st par.). | Pub. L. 101–144, title III, (1st par. under heading "Small and Disadvantaged Business", at 103 Stat. 863), Nov. 9, 1989, 103 Stat. 863; Pub. L. 109–155, title VI, §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)).
Editorial Notes
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)
(b)
(1)
(2)
(3)
(c)
(1) data on the number of small businesses receiving assistance, jobs created and retained, and volunteer hours donated by the Administration, contractors, and academic institutions nationwide;
(2) an estimate of the total dollar value of the economic impact made by small businesses that received technical assistance through the program; and
(3) an accounting of the use of funds appropriated for the program.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3364.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30305 | 42 U.S.C. 17824. | Pub. L. 110–422, title XI, §1107, Oct. 15, 2008, 122 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.
Statutory Notes and Related Subsidiaries
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)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3365.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30306 | 42 U.S.C. 16821. | Pub. L. 109–155, title VII, §707, Dec. 30, 2005, 119 Stat. 2937. |
§30307. Requirement for independent cost analysis
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3365.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30307 | 42 U.S.C. 2459g. | 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.
Statutory Notes and Related Subsidiaries
Cost Estimation
Pub. L. 115–10, title VIII, §836, Mar. 21, 2017, 131 Stat. 69, provided that:
"(a)
"(1) realistic cost estimating is critically important to the ultimate success of major space development projects; and
"(2) the [National Aeronautics and Space] Administration has devoted significant efforts over the past 5 years to improving its cost estimating capabilities, but it is important that the Administration continue its efforts to develop and implement guidance in establishing realistic cost estimates.
"(b)
"(1) guidance on when to use an Independent Cost Estimate and Independent Cost Assessment; and
"(2) criteria to use to make a determination under paragraph (1)."
§30308. Cost effectiveness calculations
(a)
(1)
(2)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3366.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30308(a) | (no source) | |
| 30308(b) | 42 U.S.C. 2459h. | Pub. L. 106–391, title III, §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)
(b)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30309 | 42 U.S.C. 2473d. | Pub. L. 106–391, title III, §325, Oct. 30, 2000, 114 Stat. 1600. |
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation authorization act:
Pub. L. 102–588, title II, §220, Nov. 4, 1992, 106 Stat. 5118.
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30310 | 42 U.S.C. 17827. | Pub. L. 110–422, title XI, §1112, Oct. 15, 2008, 122 Stat. 4811. |
Editorial Notes
References in Text
Section 526(a) of the Energy Independence and Security Act of 2007, referred to in text, probably means section 526 of Pub. L. 110–140, which is classified to section 17142 of Title 42, The Public Health and Welfare, but does not contain subsecs.
1 See References in Text note below.
CHAPTER 305—MANAGEMENT AND REVIEW
Statutory Notes and Related Subsidiaries
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)
"(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)
"(c)
Executive Documents
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:
Lyndon B. Johnson.
Task Force on Space Industry Workforce and Economic Development
Memorandum of President of the United States, May 3, 2010, 75 F.R. 24781, provided:
Memorandum for the Secretary of Defense[,] the Secretary of Commerce[,] the Secretary of Labor[,] the Secretary of Housing and Urban Development[,] the Secretary of Transportation[,] the Secretary of Education[,] the Director of the Office of Management and Budget[,] the Administrator of the Small Business Administration[,] the Administrator of the National Aeronautics and Space Administration[,] the Chair of the Council of Economic Advisers[,] the Director of National Intelligence[,] the Director of the Office of Science and Technology Policy[, and] the Director of the National Economic Council
My Administration is committed to implementing a bold, new approach to human spaceflight. Supported by a $6 billion increase to the National Aeronautics and Space Administration's (NASA) budget over the next 5 years, this strategy will foster the development of path-breaking technologies, increase the reach and reduce the cost of human and robotic exploration of space, and help create thousands of new jobs.
NASA's budget also includes $429 million next year, and $1.9 billion over the next 5 years, to modernize the Kennedy Space Center and other nearby space launch facilities in Florida. This modernization effort will help spur new commercial business and innovation and provide additional good jobs to the region. While all of the new aspects of my Administration's plan together will create thousands of new jobs in Florida, past decisions to end the Space Shuttle program will still affect families and communities along Florida's "Space Coast."
Building on this significant new investment at the Kennedy Space Center and my increased budget for NASA overall, I am committed to taking additional steps to help local economies like Florida's Space Coast adapt and thrive in the years ahead. The men and women who work in Florida's aerospace industry are some of the most talented and highly trained in the Nation. It is critical that their skills are tapped as we transform and expand the country's space exploration efforts. That is why I am launching a $40 million, multi-agency initiative to help the Space Coast transform their economies and prepare their workers for the opportunities of tomorrow. This effort will build on and complement ongoing local and Federal economic and workforce-development efforts through a Task Force composed of senior-level Administration officials from relevant agencies that will construct an economic development action plan by August 15, 2010.
To these ends, I hereby direct the following:
(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 senior-level official who is a part of the member's department, agency, or office, and who is a full-time officer or employee of the Federal Government.
(b) Administration. The Co-Chairs shall convene regular meetings of the Task Force, determine its agenda, and direct its work. At the direction of the Co-Chairs, the Task Force may establish subgroups consisting exclusively of Task Force members or their designees, as appropriate.
The Task Force will perform the following functions, to the extent permitted by law:
(a) provide leadership and coordination of Federal Government resources to facilitate workforce and economic development opportunities for aerospace communities and workers affected by new developments in America's space exploration program. Such support may include the use of personnel, technical expertise, and available financial resources, and may be used to provide a coordinated Federal response to the needs of individual States, regions, municipalities, and communities adversely affected by space industry changes;
(b) provide recommendations to the President on ways Federal policies and programs can address issues of special importance to aerospace communities and workers; and
(c) help ensure that officials from throughout the executive branch, including officials on existing committees or task forces addressing technological development, research, or aerospace issues, advance the President's agenda for the transformation of America's space exploration program and support the coordination of Federal economic adjustment assistance activities.
(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.
(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.
§30501. Lessons learned and best practices
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3367.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30501 | 42 U.S.C. 16615. | 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).
Statutory Notes and Related Subsidiaries
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)
(b)
(c)
(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)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30502 | 42 U.S.C. 16618. | 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.
Statutory Notes and Related Subsidiaries
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)
(b)
(c)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30503 | 42 U.S.C. 16651. | 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).
Statutory Notes and Related Subsidiaries
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)
(1)
(2)
(b)
(1) consult with any affected Federal agency; and
(2) take into account the potential benefits of instruments on missions that are beyond their planned mission lifetime.
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3369; Pub. L. 115–10, title V, §513, Mar. 21, 2017, 131 Stat. 52.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30504(a) | 42 U.S.C. 16654(a) (matter before par. (1)). | Pub. L. 109–155, title III, §304(a) (matter before par. (1)), (2), Dec. 30, 2005, 119 Stat. 2918. |
| 30504(b) | 42 U.S.C. 16654(a)(2). |
In subsection (a), the words "In addition—" are omitted as unnecessary.
Editorial Notes
Amendments
2017—Pub. L. 115–10 amended section generally. Prior to amendment, text read as follows:
"(a)
"(b)
CHAPTER 307—INTERNATIONAL COOPERATION AND COMPETITION
§30701. Competitiveness and international cooperation
(a)
(1)
(2)
(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)
(b)
(1)
(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)
(3)
(A)(i) reduces the cost of undertaking missions the United States Government would pursue unilaterally;
(ii) enables the United States to pursue missions that it could not otherwise afford to pursue unilaterally; or
(iii) enhances United States capabilities to use and develop space for the benefit of United States citizens;
(B) is undertaken in a manner that is sensitive to the desire of United States commercial providers to develop or explore space commercially;
(C) is consistent with the need for Federal agencies to use space to complete their missions; and
(D) is carried out in a manner consistent with United States export control laws.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3369.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30701(a) | 42 U.S.C. 2475a(a). | Pub. L. 106–391, title I, §126, Oct. 30, 2000, 114 Stat. 1585. |
| 30701(b)(1) | (no source) | |
| 30701(b)(2) | 42 U.S.C. 2475a(b). | |
| 30701(b)(3) | (no source) |
In subsection (b)(1), the definition of "United States commercial provider" is added to carry forward the appropriate definition from section 3 of the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1580).
In subsection (b)(3), the description of national interests of the United States is added to carry forward the appropriate description of national interests of the United States from section 2(6) of the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1578).
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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)
"(1) the President shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a certification that such agreement has no legally-binding effect or basis for limiting the activities of the United States in outer space; and
"(2) the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Director of National Intelligence shall jointly submit to the congressional defense committees a certification that such agreement will be equitable, enhance national security, and have no militarily significant impact on the ability of the United States to conduct military or intelligence activities in space.
"(b)
"(1)
"(2)
"(A)
"(B)
"(3)
"(4)
"(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30702 | 42 U.S.C. 2475b. | Pub. L. 106–391, title III, §305, Oct. 30, 2000, 114 Stat. 1592. |
§30703. Foreign launch vehicles
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3371.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30703 | 42 U.S.C. 16614. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30704 | 42 U.S.C. 16823. | 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.
Editorial Notes
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.
1 See References in Text note below.
CHAPTER 309—AWARDS
§30901. Congressional Space Medal of Honor
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3371.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30901(a) | 42 U.S.C. 2461 (1st par.). | Pub. L. 91–76, §1, Sept. 29, 1969, 83 Stat. 124. |
| 30901(b) | 42 U.S.C. 2461 (last par.). | Pub. L. 91–76, §2, Sept. 29, 1969, 83 Stat. 124. |
§30902. Charles "Pete" Conrad Astronomy Awards
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(1)
(2)
(3)
(A)
(B)
(4)
(5)
(A)
(B)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3372.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30902 | 42 U.S.C. 16792. | Pub. L. 109–155, title VI, §613, Dec. 30, 2005, 119 Stat. 2932. |
CHAPTER 311—SAFETY
§31101. Aerospace Safety Advisory Panel
(a)
(b)
(c)
(1) review safety studies and operations plans referred to it, including evaluating the Administration's compliance with the return-to-flight and continue-to-fly recommendations of the Columbia Accident Investigation Board, and make reports thereon;
(2) advise the Administrator and Congress with respect to—
(A) the hazards of proposed or existing facilities and proposed operations;
(B) the adequacy of proposed or existing safety standards; and
(C) management and culture related to safety; and
(3) perform such other duties as the Administrator may request.
(d)
(1)
(A)
(B)
(2)
(e)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3373.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31101(a) | 42 U.S.C. 2477(a) (1st, last sentences). | 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. |
| 31101(b) | 42 U.S.C. 2477(a) (3d sentence). | |
| 31101(c) | 42 U.S.C. 2477(a) (2d sentence). | |
| 31101(d) | 42 U.S.C. 2477(a) (4th, 5th sentences). | |
| 31101(e) | 42 U.S.C. 2477(b). |
In subsection (d)(1)(B), the words "maximum rate payable under section 5376 of title 5" are substituted for "rate for GS–18" because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (Public Law 101–509, 5 U.S.C. 5376 note).
In subsection (e), the date "December 30, 2005" is substituted for "the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
§31102. Drug and alcohol testing
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(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)
(1)
(2)
(e)
(1) promote, to the maximum extent practicable, individual privacy in the collection of specimen samples;
(2) with respect to laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any subsequent amendments thereto, including mandatory guidelines which—
(A) establish comprehensive standards for all aspects of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards which require the use of the best available technology for ensuring the full reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimen samples collected for controlled substances testing;
(B) establish the minimum list of controlled substances for which individuals may be tested; and
(C) establish appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section;
(3) require that all laboratories involved in the controlled substances testing of any individual under this section shall have the capability and facility, at such laboratory, of performing screening and confirmation tests;
(4) provide that all tests which indicate the use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance by any individual shall be confirmed by a scientifically recognized method of testing capable of providing quantitative data regarding alcohol or a controlled substance;
(5) provide that each specimen sample be subdivided, secured, and labelled in the presence of the tested individual and that a portion thereof be retained in a secure manner to prevent the possibility of tampering, so that in the event the individual's confirmation test results are positive the individual has an opportunity to have the retained portion assayed by a confirmation test done independently at a second certified laboratory if the individual requests the independent test within 3 days after being advised of the results of the initial confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations as may be necessary and in consultation with the Department of Health and Human Services;
(7) provide for the confidentiality of test results and medical information of employees; and
(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.
(f)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3374.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31102(a) | 42 U.S.C. 2473c(h). | Pub. L. 102–195, §21(c)–(h), Dec. 9, 1991, 105 Stat. 1616. |
| 31102(b) | 42 U.S.C. 2473c(c). | |
| 31102(c) | 42 U.S.C. 2473c(d). | |
| 31102(d) | 42 U.S.C. 2473c(e). | |
| 31102(e) | 42 U.S.C. 2473c(f). | |
| 31102(f) | 42 U.S.C. 2473c(g). |
In subsection (b)(2), the words "within 18 months after the date of enactment of this Act" are omitted as obsolete.
In paragraphs (1) and (2) of subsection (c), and in subsection (f)(2), the date "December 9, 1991" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1992 (Public Law 102–195, 105 Stat. 1605).
Statutory Notes and Related Subsidiaries
Findings
Pub. L. 102–195, §21(b), Dec. 9, 1991, 105 Stat. 1616, provided that: "The Congress finds that—
"(1) alcohol abuse and illegal drug use pose significant dangers to the safety and welfare of the Nation;
"(2) the success of the United States civil space program is contingent upon the safe and successful development and deployment of the many varied components of that program;
"(3) the greatest efforts must be expended to eliminate the abuse of alcohol and use of illegal drugs, whether on duty or off duty, by those individuals who are involved in the positions affecting safety, security, and national security;
"(4) the use of alcohol and illegal drugs has been demonstrated to adversely affect the performance of individuals, and has been proven to have been a critical factor in accidents in the workplace;
"(5) the testing of uniformed personnel of the Armed Forces has shown that the most effective deterrent to abuse of alcohol and use of illegal drugs is increased testing, including random testing;
"(6) adequate safeguards can be implemented to ensure that testing for abuse of alcohol or use of illegal drugs is performed in a manner which protects an individual's right of privacy, ensures that no individual is harassed by being treated differently from other individuals, and ensures that no individual's reputation or career development is unduly threatened or harmed; and
"(7) rehabilitation is a critical component of any testing program for abuse of alcohol or use of illegal drugs, and should be made available to individuals, as appropriate."
CHAPTER 313—HEALTHCARE
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31301 | 42 U.S.C. 16822. | Pub. L. 109–155, title VII, §708, Dec. 30, 2005, 119 Stat. 2938. |
§31302. Astronaut healthcare survey
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3377.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31302 | 42 U.S.C. 17822. | Pub. L. 110–422, title XI, §1103, Oct. 15, 2008, 122 Stat. 4808. |
CHAPTER 315—MISCELLANEOUS
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31501 | 42 U.S.C. 16781. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31502 | 42 U.S.C. 17811(a). | Pub. L. 110–422, title X, §1002(a), Oct. 15, 2008, 122 Stat. 4806. |
Statutory Notes and Related Subsidiaries
Facilities and Infrastructure
Pub. L. 115–10, title VIII, §837, Mar. 21, 2017, 131 Stat. 69, provided that:
"(a)
"(1) the [National Aeronautics and Space] Administration must address, mitigate, and reverse, where possible, the deterioration of its facilities and infrastructure, as their condition is hampering the effectiveness and efficiency of research performed by both the Administration and industry participants making use of Administration facilities, thus harming the competitiveness of the United States aerospace industry;
"(2) the Administration has a role in providing laboratory capabilities to industry participants that are not economically viable as commercial entities and thus are not available elsewhere;
"(3) to ensure continued access to reliable and efficient world-class facilities by researchers, the Administration should establish strategic partnerships with other Federal agencies, State agencies, FAA-licensed spaceports, institutions of higher education, and industry, as appropriate; and
"(4) decisions on whether to dispose of, maintain, or modernize existing facilities must be made in the context of meeting Administration and other needs, including those required to meet the activities supporting the human exploration roadmap under section 432 of this Act [set out in a note under section 20302 of this title], considering other national laboratory needs as the Administrator [of the National Aeronautics and Space Administration] deems appropriate.
"(b)
"(c)
"(1)
"(2)
"(3)
"(A) current Administration and other Federal agency laboratory needs;
"(B) future Administration research and development and testing needs;
"(C) a strategy for identifying facilities and infrastructure that are candidates for disposal, that is consistent with the national strategic direction set forth in—
"(i) the National Space Policy;
"(ii) the National Aeronautics Research, Development, Test, and Evaluation Infrastructure Plan;
"(iii) the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2895) [see Tables for classification], National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422; 122 Stat. 4779) [see Tables for classification], and National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.); and
"(iv) the human exploration roadmap under section 432 of this Act [set out in a note under section 20302 of this title];
"(D) a strategy for the maintenance, repair, upgrading, and modernization of Administration facilities and infrastructure, including laboratories and equipment;
"(E) criteria for—
"(i) prioritizing deferred maintenance tasks;
"(ii) maintaining, repairing, upgrading, or modernizing Administration facilities and infrastructure; and
"(iii) implementing processes, plans, and policies for guiding the Administration's Centers on whether to maintain, repair, upgrade, or modernize a facility or infrastructure and for determining the type of instrument to be used;
"(F) an assessment of modifications needed to maximize usage of facilities that offer unique and highly specialized benefits to the aerospace industry and the American public; and
"(G) implementation steps, including a timeline, milestones, and an estimate of resources required for carrying out the plan.
"(d)
"(1)
"(2)
"(e)
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31503 | 42 U.S.C. 17812(a). | 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 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31504 | 42 U.S.C. 17828. | Pub. L. 110–422, title XI, §1116, Oct. 15, 2008, 122 Stat. 4813. |
§31505. Development of enhanced-use lease policy
(a)
(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)
(1)
(A) Federal financing through appropriations; or
(B) sale of the property.
(2)
(3)
(4)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3377.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31505 | 42 U.S.C. 17829. | 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
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT PROGRAMS
SUBCHAPTER III—SCHOLARSHIPS
SUBCHAPTER IV—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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40101 | 42 U.S.C. 16701. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40102 | 42 U.S.C. 16711. | Pub. L. 109–155, title IV, §411, Dec. 30, 2005, 119 Stat. 2923. |
Statutory Notes and Related Subsidiaries
Experimental Aircraft Projects
Pub. L. 117–167, div. B, title VII, §10831, Aug. 9, 2022, 136 Stat. 1746, provided that:
"(a)
"(1) developing high-risk, precompetitive aerospace technologies for which there is not yet a profit rationale is a fundamental role of the [National Aeronautics and Space] Administration;
"(2) large-scale flight test experimentation and validation are necessary for—
"(A) transitioning new technologies and materials, including associated manufacturing processes, for aviation and aeronautics use; and
"(B) capturing the full extent of benefits from investments made by the Aeronautics Research Mission Directorate; and
"(3) a level of funding that adequately supports large-scale flight test experimentation and validation, including related infrastructure, should be ensured over a sustained period of time to restore the capacity of the Administration—
"(A) to see legacy priority programs through to completion; and
"(B) to achieve national economic and security objectives.
"(b)
"(1) to maintain world leadership in—
"(A) civilian aeronautical science and technology; and
"(B) aerospace industrialization; and
"(2) to maintain as a fundamental objective of the aeronautics research of the Administration the steady progression and expansion of flight research and capabilities, including the science and technology of critical underlying disciplines and competencies, such as—
"(A) computational-based analytical and predictive tools and methodologies;
"(B) aerothermodynamics;
"(C) propulsion;
"(D) advanced materials and manufacturing processes;
"(E) high-temperature structures and materials; and
"(F) guidance, navigation, and flight controls.
"(c)
"(1)
"(A) a subsonic demonstrator to demonstrate the performance and feasibility of advanced, ultra-efficient, and low emissions subsonic flight demonstrator configurations;
"(B) a low boom flight demonstrator to validate design tools and technologies that can be applied to low sonic boom commercial supersonic aircraft and support the development of a noise-based standard for supersonic overland flight; and
"(C) a flight research demonstrator to test the performance and feasibility of advanced, ultra-efficient and net-zero emissions aircraft concepts and configurations.
"(2)
"(A) include the development of experimental aircraft and all necessary supporting flight test assets;
"(B) pursue a robust technology maturation and flight test validation effort;
"(C) improve necessary facilities, flight testing capabilities, and computational tools to support the demonstration;
"(D) award any primary contracts for design, procurement, and manufacturing to United States persons, consistent with international obligations and commitments; and
"(E) coordinate research and flight test demonstration activities with other Federal agencies and the United States aviation community, as the Administrator considers appropriate.
"(3)
"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
"(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
"(d)
"(e)
"(1)
"(A) to develop—
"(i) new materials, including composite and high-temperature materials, from base material formulation through full-scale structural validation and manufacture;
"(ii) advanced materials and manufacturing processes, including additive manufacturing, to reduce the cost of manufacturing scale-up and certification for use in aeronautics; and
"(iii) noninvasive or nondestructive techniques for testing or evaluating aviation and aeronautics structures, including for materials and manufacturing processes;
"(B) to reduce the time it takes to design, industrialize, and certify advanced materials and manufacturing processes;
"(C) to provide education and training opportunities for the aerospace workforce; and
"(D) to address global cost and human capital competitiveness for United States aeronautical industries and technological leadership in advanced materials and manufacturing technology.
"(2)
"(A) build on work that was carried out by the Advanced Composites Project of the Administration;
"(B) partner with the private and academic sectors, such as members of the Advanced Composites Consortium of the Administration, the Joint Advanced Materials and Structures Center of Excellence of the Federal Aviation Administration, the Manufacturing USA institutes of the Department of Commerce, and national laboratories, as the Administrator considers appropriate;
"(C) provide a structure for managing intellectual property generated by the program based on or consistent with the structure established for the Advanced Composites Consortium of the Administration;
"(D) ensure adequate Federal cost share for applicable research; and
"(E) coordinate with advanced manufacturing and composites initiatives in other mission directorates of the Administration, as the Administrator considers appropriate.
"(f)
"(1) academia; and
"(2) commercial aviation and aerospace manufacturers."
[For definition of "Manufacturing USA institute" as used in section 10831 of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
Executive Documents
Ex. Ord. No. 13419. National Aeronautics Research and Development
Ex. Ord. No. 13419, Dec. 20, 2006, 71 F.R. 77565, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 204 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as amended (42 U.S.C. 6613), section 101(c) of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155), and section 301 of title 3, United States Code, it is hereby ordered as follows:
(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.
(a) develop and, not later than 1 year after the date of this order, submit for approval by the President a plan for national aeronautics R&D and for related infrastructure, (the "plan"), and thereafter submit, not less often than biennially, to the President for approval any changes to the plan;
(b) monitor and report to the President as appropriate on the implementation of the approved plan;
(c) ensure that executive departments and agencies conducting aeronautics R&D:
(i) obtain and exchange information and advice, as appropriate, from organizations and individuals outside the Federal Government in support of Federal Government planning and performance of aeronautics R&D;
(ii) develop and implement, as appropriate, measures for improving dissemination of R&D results and facilitating technology transition from R&D to applications; and
(iii) identify and promote innovative policies and approaches that complement and enhance Federal Government aeronautics R&D investment; and
(d) report to the President on the results of the efforts of executive departments and agencies to implement paragraphs (c)(i) through (iii) of this section.
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40103 | 42 U.S.C. 16712(b). | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40104 | 42 U.S.C. 17724. | 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)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3379.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40111 | 42 U.S.C. 16721(a), (b). | Pub. L. 109–155, title IV, §421(a), (b), Dec. 30, 2005, 119 Stat. 2924. |
§40112. Research and technology programs
(a)
(b)
(1)
(A) to reduce greenhouse gas emissions from aviation, including carbon dioxide, nitrogen oxides, other greenhouse gases, water vapor, black carbon and sulfate aerosols, and increased cloudiness due to contrail formation;
(B) to reduce aviation noise emissions; and
(C) to enable associated aircraft performance characteristics.
(2)
(A) to ensure United States leadership in research and technology innovation leading to substantial reductions in aviation noise and greenhouse gas emissions;
(B) to enhance and expand basic research, and the translation of basic research into applications, that may lead to transformational advances in reducing aviation noise and greenhouse gas emissions;
(C) to accelerate research and development that contributes to maturing new technologies for reducing aircraft noise and greenhouse gas emissions; and
(D) to obtain and disseminate associated testing and performance data that facilitates the incorporation of new technologies into commercial aircraft development as soon as practicable.
(3)
(A) as soon as practicable, a reduction of greenhouse gas emissions from new aircraft by at least 50 percent, as compared to the highest-performing aircraft technologies in service as of December 31, 2021;
(B) noise levels from aircraft throughout all phases of flight that do not exceed ambient noise levels in the absence of flight operations in the vicinity of the flight route;
(C) net-zero greenhouse gas emissions from aircraft by 2050; and
(D) demonstration of new technologies developed pursuant to such initiative on—
(i) regional aircraft intended to enter into service by 2030; and
(ii) single-aisle aircraft designed to accommodate more than 125 passengers intended to enter into service by 2040.
(c)
(d)
(e)
(f)
(1)
(2)
(g)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3379; Pub. L. 117–167, div. B, title VII, §10833(a), Aug. 9, 2022, 136 Stat. 1749.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40112(a) | 42 U.S.C. 16722(b). | Pub. L. 109–155, title IV, §422(b)–(g), Dec. 30, 2005, 119 Stat. 2925. |
| 40112(b) | 42 U.S.C. 16722(c). | |
| 40112(c) | 42 U.S.C. 16722(d). | |
| 40112(d) | 42 U.S.C. 16722(e). | |
| 40112(e) | 42 U.S.C. 16722(f). | |
| 40112(f) | 42 U.S.C. 16722(g). |
Editorial Notes
Amendments
2022—Subsecs. (b) to (g). Pub. L. 117–167 added subsec. (b) and redesignated former subsecs. (b) to (f) as (c) to (g), respectively.
Statutory Notes and Related Subsidiaries
Technology Focus Areas, Implementation, and Annual Report for the Research and Development Initiative
Pub. L. 117–167, div. B, title VII, §10833(b)–(d), Aug. 9, 2022, 136 Stat. 1750, 1751, provided that:
"(b)
"(1) advanced subsonic propulsion technology, design, and integration;
"(2) electric and hybrid-electric propulsion, including battery electric and hydrogen fuel cell electric systems;
"(3) airframe concepts and configurations;
"(4) analysis of technology options, including cost-benefit analysis of greenhouse gas and noise emissions reduction technologies;
"(5) analytical tools for system-level and system-of-systems-level modeling and integration;
"(6) airspace operations improvements;
"(7) noise emissions reduction; and
"(8) any other effort, as determined by the [National Aeronautics and Space] Administration, that contributes to a sustainable future for aviation.
"(c)
"(1) ensure that testing and performance data integrates the results of community acceptance surveys conducted by the Federal Aviation Administration and other relevant studies, including studies on the impacts of new noise effects from novel propulsion systems and from airspace operations changes;
"(2) provide testing and performance data on the technologies described in subsection (b) of this section to the Administrator of the Federal Aviation Administration to facilitate the work of the Federal Aviation Administration in identifying new requirements for policy, infrastructure, and administrative capacity necessary to enable the safe integration of such technologies on aircraft;
"(3) pursue partnerships with organizations, current commercial production aircraft providers, academic institutions, small businesses, and new entrants, including partnerships to advance research and development activities related to both regional aircraft and aircraft designed to accommodate more than 125 passengers;
"(4) include universities, academic institutions, and other research organizations in the partnerships described in paragraph (3);
"(5) expand basic research;
"(6) ensure equity in research sponsorship of, and partnership opportunities with, underrepresented students, faculty, and minority-serving-institutions [sic];
"(7) continue to coordinate with the Secretary of Energy on battery technology research;
"(8) make available the research and development carried out under the initiative established under subsection (b) of section 40112 of title 51, United States Code, to help enable an industry-wide shift toward aircraft concepts that reduce greenhouse gas emissions and aircraft noise to achieve the goals and objectives under paragraphs (2) and (3) of that subsection; and
"(9) continue to support research, development, and demonstration of aircraft concepts, including systems architecture, materials and components, integration of systems and airframe structures, human factors, airspace planning and operations, and the integration of related advanced technologies and concepts, with the goal of carrying out test flights with integrated subsystems by 2025.
"(d)
"(1) the status of progress on such initiative;
"(2) an updated, anticipated timeframe for readiness of technologies and aircraft to be adopted by industry with the emissions reduction levels directed under that subsection; and
"(3) an identification of fundamental aeronautics research activities contributing to achieving the goals and objectives of such initiative, as described in paragraphs (2) and (3) of that subsection, and a description of any obstacles to achieving such goals and objectives."
[For definition of "minority-serving institution" as used in section 10833(b)–(d) of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
National Aero-Space Plane Program
Pub. L. 101–611, title I, §116, Nov. 16, 1990, 104 Stat. 3202, provided that:
"(a)
"(b)
"(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."]
§40113. Airspace systems research
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3380.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40113 | 42 U.S.C. 16723. | 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).
Statutory Notes and Related Subsidiaries
Unmanned Aircraft Systems
Pub. L. 117–167, div. B, title VII, §10832, Aug. 9, 2022, 136 Stat. 1748, provided that:
"(a)
"(1) research and test capabilities and concepts, including unmanned aircraft systems communications, for integrating unmanned aircraft systems into the national airspace system;
"(2) leverage the partnership NASA [National Aeronautics and Space Administration] has with industry focused on the advancement of technologies for future air traffic management systems for unmanned aircraft systems; and
"(3) continue to leverage the research and testing portfolio of NASA to inform the integration of unmanned aircraft systems into the national airspace system, consistent with public safety and national security objectives.
"(b)
"(1) NASA should continue—
"(A) to coordinate with the Federal Aviation Administration on research on air traffic management systems for unmanned aircraft systems; and
"(B) to assist the Federal Aviation Administration in the integration of air traffic management systems for unmanned aircraft systems into the national airspace system; and
"(2) the test ranges (as defined in section 44801 of title 49, United States Code) should continue to be leveraged for research on—
"(A) air traffic management systems for unmanned aircraft systems; and
"(B) the integration of such systems into the national airspace system."
[For definition of "unmanned aircraft system" as used in section 10832 of Pub. L. 117–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
§40114. Aviation safety and security research
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3380.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40114 | 42 U.S.C. 16724. | 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).
§40115. Aviation weather research
The Administrator may carry out a program of collaborative research with the National Oceanic and Atmospheric Administration on convective weather events, with the goal of significantly improving the reliability of 2-hour to 6-hour aviation weather forecasts.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3381.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40115 | 42 U.S.C. 16725. | Pub. L. 109–155, title IV, §425, Dec. 30, 2005, 119 Stat. 2926. |
§40116. University-based Centers for Research on Aviation Training
(a)
(b)
(c)
(d)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40116 | 42 U.S.C. 16727. | 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. |
In subsection (b), the words "Centers for Research on Aviation Training" are substituted for "Centers" for clarity. There are references to both "Centers for Research on Aviation Training" and "Administration Centers" in subsection (a).
In subsection (d)(1), the words "proposed in the application submitted under subsection (c)" are substituted for "proposed by the Center in its application under subsection (c)" for clarity. Under section (c), applications are filed by an institution of higher education (or a consortium of such institutions) seeking funding, and not by the Center for which such funding is sought.
SUBCHAPTER III—SCHOLARSHIPS
§40131. Aeronautics scholarships
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3381.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40131 | 42 U.S.C. 16741. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40141 | 42 U.S.C. 16751. | Pub. L. 109–155, title IV, §441, Dec. 30, 2005, 119 Stat. 2927. |
CHAPTER 403—NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40301 | 42 U.S.C. 2486a. | 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.
Statutory Notes and Related Subsidiaries
Congressional Statement of Findings
Pub. L. 100–147, title II, §202, Oct. 30, 1987, 101 Stat. 869, provided that: "The Congress finds that—
"(1) the vitality of the Nation and the quality of life of the citizens of the Nation depend increasingly on the understanding, assessment, development, and utilization of space resources;
"(2) research and development of space science, space technology, and space commercialization will contribute to the quality of life, national security, and the enhancement of commerce;
"(3) the understanding and development of the space frontiers require a broad commitment and an intense involvement on the part of the Federal Government in partnership with State and local governments, private industry, universities, organizations, and individuals concerned with the exploration and utilization of space;
"(4) the National Aeronautics and Space Administration, through the national space grant college and fellowship program, offers the most suitable means for such commitment and involvement through the promotion of activities that will result in greater understanding, assessment, development, and utilization; and
"(5) Federal support of the establishment, development, and operation of programs and projects by space grant colleges, space grant regional consortia, institutions of higher education, institutes, laboratories, and other appropriate public and private entities is the most cost-effective way to promote such activities."
[For definition of terms used in section 202 of Pub. L. 100–147, set out above, see section 204 of Pub. L. 100–147, title II, Oct. 30, 1987, 101 Stat. 870, which was classified to former section 2486b of Title 42, The Public Health and Welfare, and was repealed and reenacted as section 40302 of this title by Pub. L. 111–314, §§3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444.]
§40302. Definitions
In this chapter:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(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)
(9)
(A) aeronautical and space activities; or
(B) advancements in any field related to space.
(10)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3383.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40302 | 42 U.S.C. 2486b. | 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)
(b)
(1) apply the long-range planning guidelines and the priorities established by the Administrator under subsection (a);
(2) advise the Administrator with respect to the expertise and capabilities which are available through the national space grant college and fellowship program, and make such expertise available to the Administration as directed by the Administrator;
(3) evaluate activities conducted under grants and contracts awarded pursuant to sections 40304 and 40305 of this title to ensure that the purposes set forth in section 40301 of this title are implemented;
(4) encourage other Federal departments, agencies, and instrumentalities to use and take advantage of the expertise and capabilities which are available through the national space grant college and fellowship program, on a cooperative or other basis;
(5) encourage cooperation and coordination with other Federal programs concerned with the development of space resources and fields related to space;
(6) advise the Administrator on the designation of recipients supported by the national space grant college and fellowship program and, in appropriate cases, on the termination or suspension of any such designation; and
(7) encourage the formation and growth of space grant and fellowship programs.
(c)
(1) accept conditional or unconditional gifts or donations of services, money, or property, real, personal or mixed, tangible or intangible;
(2) accept and use funds from other Federal departments, agencies, and instrumentalities to pay for fellowships, grants, contracts, and other transactions; and
(3) issue such rules and regulations as may be necessary and appropriate.
(d)
(1) shall maximize appropriated funds for grants and contracts made under section 40304 in each fiscal year; and
(2) in each fiscal year, the Administrator shall limit its program administration costs to no more than 5 percent of funds appropriated for this program for that fiscal year.
(e)
(1) a description of why the Administrator did not meet the cost target under subsection (d); and
(2) the measures the Administrator will take in the next fiscal year to meet the cost target under subsection (d) without drawing upon other Federal funding.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3383; Pub. L. 114–329, title III, §302(b), Jan. 6, 2017, 130 Stat. 3003.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40303 | 42 U.S.C. 2486c. | Pub. L. 100–147, title II, §205, Oct. 30, 1987, 101 Stat. 871. |
Editorial Notes
Amendments
2017—Subsecs. (d), (e). Pub. L. 114–329 added subsecs. (d) and (e).
§40304. Grants or contracts
(a)
(b)
(1) no reasonable means is available through which the applicant can meet the matching requirement for a grant under subsection (a);
(2) the probable benefit of the project outweighs the public interest in the matching requirement; and
(3) the same or equivalent benefit cannot be obtained through the award of a contract or grant under subsection (a) or section 40305 of this title.
(c)
(d)
(1)
(2)
(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)
(4)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3384.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40304 | 42 U.S.C. 2486d. | 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)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3385.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40305 | 42 U.S.C. 2486e. | 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)
(1)
(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)
(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)
(A) is established for the purpose of sharing expertise, research, educational facilities or training facilities, and other capabilities in order to facilitate research, education, training, and advisory services in any field related to space;
(B) will encourage and follow a regional approach to solving problems or meeting needs relating to space, in cooperation with appropriate space grant colleges, space grant programs, and other persons in the region;
(C) will act in accordance with such guidelines as are prescribed under subsection (b)(2); and
(D) meets such other qualifications as the Administrator considers necessary or appropriate.
(b)
(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)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3386.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40306 | 42 U.S.C. 2486f. | Pub. L. 100–147, title II, §208, Oct. 30, 1987, 101 Stat. 873. |
§40307. Space grant fellowship program
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3387.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40307 | 42 U.S.C. 2486g. | Pub. L. 100–147, title II, §209, Oct. 30, 1987, 101 Stat. 874. |
§40308. Space grant review panel
(a)
(b)
(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)
(d)
(1)
(2)
(3)
(4)
(5)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3387; Pub. L. 117–286, §4(a)(325), Dec. 27, 2022, 136 Stat. 4341.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40308 | 42 U.S.C. 2486h. | Pub. L. 100–147, title II, §210, Oct. 30, 1987, 101 Stat. 874. |
In subsection (a), the word "provisions" is substituted for "provisons" to correct an error in the law.
Editorial Notes
Amendments
2022—Subsec. (a). Pub. L. 117–286 substituted "chapter 10 of title 5." for "the Federal Advisory Committee Act (5 App. U.S.C.)."
§40309. Availability of other Federal personnel and data
Each department, agency, or other instrumentality of the Federal Government that is engaged in or concerned with, or that has authority over, matters relating to space—
(1) may, upon a written request from the Administrator, make available, on a reimbursable basis or otherwise, any personnel (with their consent and without prejudice to their position and rating), service, or facility which the Administrator considers necessary to carry out any provision of this chapter;
(2) may, upon a written request from the Administrator, furnish any available data or other information which the Administrator considers necessary to carry out any provision of this chapter; and
(3) may cooperate with the Administration.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3388.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40309 | 42 U.S.C. 2486i. | Pub. L. 100–147, title II, §211, Oct. 30, 1987, 101 Stat. 875. |
§40310. Designation or award to be on competitive basis
The Administrator shall not under this chapter designate any space grant college or space grant regional consortium or award any fellowship, grant, or contract unless such designation or award is made in accordance with the competitive, merit-based review process employed by the Administration on October 30, 1987.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3388.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40310 | 42 U.S.C. 2486k. | 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 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40311 | 42 U.S.C. 17781(c). | Pub. L. 110–422, title VII, §704(c), Oct. 15, 2008, 122 Stat. 4803. |
CHAPTER 405—BIOMEDICAL RESEARCH IN SPACE
§40501. Biomedical research joint working group
(a)
(b)
(c)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3389.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40501 | 42 U.S.C. 2487a. | Pub. L. 102–588, title VI, §602, Nov. 4, 1992, 106 Stat. 5130. |
Statutory Notes and Related Subsidiaries
Findings
Pub. L. 102–588, title VI, §601, Nov. 4, 1992, 106 Stat. 5130, provided that: "The Congress finds that—
"(1) the space program can make significant contributions to selected areas of health-related research and should be an integral part of the Nation's health research and development program;
"(2) the continuing development of trained scientists and engineers is essential to carrying out an effective and sustained program of biomedical research in space and on the ground;
"(3) the establishment and maintenance of an electronically accessible archive of data on space-related biomedical research is essential to advancement of the field;
"(4) cooperation with the republics of the former Soviet Union, including use of former Soviet orbital facilities, offers the potential for greatly enhanced biomedical research activities and progress; and
"(5) the establishment and maintenance of an international telemedicine consultation satellite capability to support emergency medical service provision can provide an important aid to disaster relief efforts."
§40502. Biomedical research grants
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3389.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40502 | 42 U.S.C. 2487b. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40503 | 42 U.S.C. 2487c. | Pub. L. 102–588, title VI, §604, Nov. 4, 1992, 106 Stat. 5131. |
§40504. Establishment of electronic data archive
The Administrator shall create and maintain a national electronic data archive for biomedical research data obtained from space-based experiments.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3389.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40504 | 42 U.S.C. 2487e. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40505 | 42 U.S.C. 2487f. | 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
§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)
(2)
(3)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3390.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40701 | 42 U.S.C. 16722(a). | Pub. L. 109–155, title IV, §422(a), Dec. 30, 2005, 119 Stat. 2924. |
In paragraphs (2) and (3), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
§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)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3390.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40702 | 42 U.S.C. 17721. | Pub. L. 110–422, title III, §302, Oct. 15, 2008, 122 Stat. 4786. |
In paragraphs (1) and (2), the date "October 15, 2008" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422, 122 Stat. 4779).
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40703 | 42 U.S.C. 17722. | Pub. L. 110–422, title III, §303, Oct. 15, 2008, 122 Stat. 4787. |
§40704. Research program on perceived impact of sonic booms
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3391.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40704(a) | 42 U.S.C. 17723(b). | Pub. L. 110–422, title III, §304(b), (c), Oct. 15, 2008, 122 Stat. 4787. |
| 40704(b) | 42 U.S.C. 17723(c). |
Statutory Notes and Related Subsidiaries
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
Statutory Notes and Related Subsidiaries
Cybersecurity in STEM Programs of the National Aeronautics and Space Administration
Pub. L. 116–283, div. H, title XCIV, §9406, Jan. 1, 2021, 134 Stat. 4812, provided that: "In carrying out any STEM education program of the National Aeronautics and Space Administration (referred to in this section as 'NASA'), including a program of the Office of STEM Engagement, the Administrator of NASA shall, to the maximum extent practicable, encourage the inclusion of cybersecurity education opportunities in such program."
NASA Internship and Fellowship Opportunities
Pub. L. 115–303, §3, Dec. 11, 2018, 132 Stat. 4399, provided that: "Not later than October 1, 2018, the Administrator of the National Aeronautics and Space Administration (in this section referred to as 'NASA') shall institute a process to encourage the recruitment of qualified candidates who are women or individuals who are underrepresented in the fields of science, technology, engineering, and mathematics (STEM) and computer science for internships and fellowships at NASA with relevance to the aerospace sector and related fields."
Education and Outreach
Pub. L. 115–10, title VIII, §824, Mar. 21, 2017, 131 Stat. 64, provided that:
"(a)
"(1) United States competitiveness in the 21st century requires engaging the science, technology, engineering, and mathematics (referred to in this section as 'STEM') talent in all States;
"(2) the [National Aeronautics and Space] Administration is uniquely positioned to educate and inspire students and the broader public on STEM subjects and careers;
"(3) the Administration's Education and Communication Offices, Mission Directorates, and Centers have been effective in delivering educational content because of the strong engagement of Administration scientists and engineers in the Administration's education and outreach activities;
"(4) the Administration's education and outreach programs, including the Experimental Program to Stimulate Competitive Research (EPSCoR) and the Space Grant College and Fellowship Program, reflect the Administration's successful commitment to growing and diversifying the national science and engineering workforce; and
"(5) in order to grow and diversify the Nation's engineering workforce, it is vital for the Administration to bolster programs, such as High Schools United with NASA to Create Hardware (HUNCH) program, that conduct outreach activities to underserved rural communities, vocational schools, and tribal colleges and universities and encourage new participation in the STEM workforce.
"(b)
"(1)
"(2)
Inspiring the Next Space Pioneers, Innovators, Researchers, and Explorers (INSPIRE) Women
Pub. L. 115–7, Feb. 28, 2017, 131 Stat. 13, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Inspiring the Next Space Pioneers, Innovators, Researchers, and Explorers (INSPIRE) Women Act'.
"SEC. 2. FINDINGS.
"The Congress finds that—
"(1) NASA GIRLS and NASA BOYS are virtual mentoring programs using commercially available video chat programs to pair National Aeronautics and Space Administration mentors with young students anywhere in the country. NASA GIRLS and NASA BOYS give young students the opportunity to interact and learn from real engineers, scientists, and technologists.
"(2) The Aspire to Inspire (A2I) program engages young girls to present science, technology, engineering, and mathematics (STEM) career opportunities through the real lives and jobs of early career women at NASA.
"(3) The Summer Institute in Science, Technology, Engineering, and Research (SISTER) program at the Goddard Space Flight Center is designed to increase awareness of, and provide an opportunity for, female middle school students to be exposed to and explore nontraditional career fields with Goddard Space Flight Center women engineers, mathematicians, scientists, technicians, and researchers.
"SEC. 3. SUPPORTING WOMEN'S INVOLVEMENT IN THE FIELDS OF AEROSPACE AND SPACE EXPLORATION.
"The Administrator of the National Aeronautics and Space Administration shall encourage women and girls to study science, technology, engineering, and mathematics, pursue careers in aerospace, and further advance the Nation's space science and exploration efforts through support of the following initiatives:
"(1) NASA GIRLS and NASA BOYS.
"(2) Aspire to Inspire.
"(3) Summer Institute in Science, Technology, Engineering, and Research.
"SEC. 4. PLAN.
"Not later than 90 days after the date of enactment of this Act [Feb. 28, 2017], the Administrator shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for how NASA can best facilitate and support both current and retired astronauts, scientists, engineers, and innovators, including early career female astronauts, scientists, engineers, and innovators, to engage with K–12 female STEM students and inspire the next generation of women to consider participating in the fields of science, technology, engineering, and mathematics and to pursue careers in aerospace. This plan shall—
"(1) report on existing activities with current and retired NASA astronauts, scientists, engineers, and innovators;
"(2) identify how NASA could best leverage existing authorities to facilitate and support current and retired astronaut, scientist, engineer, and innovator participation in NASA outreach efforts;
"(3) propose and describe a program specific to retired astronauts, scientists, engineers, and innovators; and
"(4) identify any additional authorities necessary to institute such a program."
NASA's Contribution to Education
Pub. L. 111–358, title II, §202, Jan. 4, 2011, 124 Stat. 3993, provided that:
"(a)
"(b)
"(1) to carry out and support research based programs and activities designed to increase student interest and participation in STEM, including students from minority and underrepresented groups;
"(2) to improve public literacy in STEM;
"(3) that employ proven strategies and methods for improving student learning and teaching in STEM;
"(4) to provide curriculum support materials and other resources that—
"(A) are designed to be integrated with comprehensive STEM education;
"(B) are aligned with national science education standards;
"(C) promote the adoption and implementation of high-quality education practices that build toward college and career-readiness; and
"(5) to create and support opportunities for enhanced and ongoing professional development for teachers using best practices that improve the STEM content and knowledge of the teachers, including through programs linking STEM teachers with STEM educators at the higher education level."
[For definition of "STEM" as used in section 202 of Pub. L. 111–358, set out above, see section 2 of Pub. L. 111–358, set out as a note under section 6621 of Title 42, The Public Health and Welfare.]
Reports
Pub. L. 109–155, title I, §102, Dec. 30, 2005, 119 Stat. 2905, provided that:
"(a)
"(1)
"(2)
"(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)
"(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)
"(1)
"(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)
"(3)
"(d)
"(e)
"(1)
"(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)
"(A) describes the results of the study under paragraph (1);
"(B) lists the research and development programs of Federal agencies other than NASA that were reviewed as part of the study, which shall include any program supporting research and development in an area related to the programs of NASA, and the most recent budget figures for those programs of other agencies;
"(C) recommends any changes to the research and development programs of NASA that should be made in response to the findings of the study required by paragraph (1); and
"(D) describes mechanisms the Office of Science and Technology Policy will use to ensure adequate coordination between NASA and Federal agencies that operate related programs.
"(3)
Review of MUST Program
Pub. L. 109–155, title VI, §617, Dec. 30, 2005, 119 Stat. 2934, directed the Administrator of the National Aeronautics and Space Administration to transmit a report to Congress on the legal status of the Motivating Undergraduates in Science and Technology program not later than 60 days after Dec. 30, 2005, and, if in compliance with law, implement the program as planned in the July 5, 2005, NASA Research Announcement.
Denial of Financial Assistance to Campus Disrupters
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.
1 Section catchline amended by Pub. L. 117–167 without corresponding amendment of chapter analysis.
§40901. Science, Space, and Technology Education Trust Fund
There is appropriated, by transfer from funds appropriated in the Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1989 (Public Law 100–404, 102 Stat. 1014), for "Construction of facilities", the sum of $15,000,000 to the "Science, Space, and Technology Education Trust Fund", which is hereby established in the Treasury of the United States. The Secretary of the Treasury shall invest these funds in the United States Treasury special issue securities, and interest shall be credited to the Trust Fund on a quarterly basis. Such interest shall be available for the purpose of making grants for programs directed at improving science, space, and technology education in the United States. The Administrator, after consultation with the Director of the National Science Foundation, shall review applications made for such grants and determine the distribution of available funds on a competitive basis. Grants shall be made available to any awardee only to the extent that the awardee provides matching funds from non-Federal sources to carry out the program for which grants from this Trust Fund are made. Of the funds made available by this Trust Fund, $250,000 shall be disbursed each calendar quarter to the Challenger Center for Space Science Education. The Administrator shall submit to Congress an annual report on the grants made pursuant to this section.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3391.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40901 | 42 U.S.C. 2467. | Pub. L. 100–404, title II, (par. under heading "Science, Space, and Technology Education Trust Fund", at 102 Stat. 1028), Aug. 19, 1988, 102 Stat. 1028; Pub. L. 103–327, title III, Sept. 28, 1994, 108 Stat. 2328. |
In the first sentence, the words "the Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1989 (Public Law 100–404, 102 Stat. 1014)" are substituted for "this Act" to clarify the reference.
In the second sentence, the words "of the Treasury" are inserted after "the Secretary" for clarity.
In the sixth sentence, the word "hereafter", which appeared after "each calendar quarter", is omitted as unnecessary.
§40902. National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust Fund
(a)
(b)
(c)
(d)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40902 | 42 U.S.C. 2467a. | Pub. L. 102–195, §20, Dec. 9, 1991, 105 Stat. 1615. |
In subsection (a), the words "The Trust Fund shall consist of amounts" are substituted for "The Trust Fund shall consist of gifts and donations accepted by the National Aeronautics and Space Administration pursuant to section 208 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2476b), as well as other amounts" because the Administration's authority to accept gifts or donations under section 208 of the National Aeronautics and Space Act of 1958 terminated 5 years after October 30, 1987.
Editorial Notes
Amendments
2011—Subsec. (d). Pub. L. 112–55 added subsec. (d).
§40903. Established Program to Stimulate Competitive Research—merit grant competition requirements
(a)
(b)
(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)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3392; Pub. L. 117–167, div. B, title VII, §10851(e), Aug. 9, 2022, 136 Stat. 1754.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40903(a) | 42 U.S.C. 2467b(c). | Pub. L. 102–588, title III, §304, Nov. 4, 1992, 106 Stat. 5120. |
| 40903(b) | 42 U.S.C. 2467b(a). | |
| 40903(c) | 42 U.S.C. 2467b(b). | |
| 40903(d) | 42 U.S.C. 17781(b). | Pub. L. 110–422, title VII, §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.
Editorial Notes
Amendments
2022—Pub. L. 117–167, §10851(e)(1), substituted "Established" for "Experimental" in section catchline.
Subsec. (a). Pub. L. 117–167, §10851(e)(2), substituted "Established" for "Experimental".
Statutory Notes and Related Subsidiaries
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 ground-based research leading to space-based basic and applied scientific research in a variety of disciplines with potential direct national benefits and applications that can be advanced significantly from the uniqueness of microgravity and the space environment; and
(2) carry out, to the maximum extent practicable, basic, applied, and commercial International Space Station research in fields such as molecular crystal growth, animal research, basic fluid physics, combustion research, cellular biotechnology, low-temperature physics, and cellular research at a level that will sustain the existing United States scientific expertise and research capability in microgravity research.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40904(1) | 42 U.S.C. 16655(2). | Pub. L. 109–155, title III, §305(2), (3), Dec. 30, 2005, 119 Stat. 2918. |
| 40904(2) | 42 U.S.C. 16655(3). |
§40905. Program to expand distance learning in rural underserved areas
(a)
(b)
(1) that utilize community-based partnerships in the field;
(2) that build and maintain video conference and exhibit capacity;
(3) that travel directly to rural communities and serve low-income populations; and
(4) with a special emphasis on increasing the number of women and minorities in the science and engineering professions.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40905 | 42 U.S.C. 16791. | Pub. L. 109–155, title VI, §612, Dec. 30, 2005, 119 Stat. 2932. |
§40906. Equal access to the Administration's education programs
(a)
(b)
(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)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40906 | 42 U.S.C. 16794. | Pub. L. 109–155, title VI, §615, Dec. 30, 2005, 119 Stat. 2934. |
In subsection (b), in the matter before paragraph (1), the words "Every 2 years" are substituted for "Not later than 1 year after the date of enactment of this Act [December 30, 2005], and every 2 years thereafter" to eliminate obsolete language.
In subsection (b), in the matter before paragraph (1), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Statutory Notes and Related Subsidiaries
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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40907 | 42 U.S.C. 16795. | 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 Administration Explorer School program, to motivate and develop the next generation of explorers.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3394.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40908 | 42 U.S.C. 16797. | Pub. L. 109–155, title VI, §618, Dec. 30, 2005, 119 Stat. 2934. |
Editorial Notes
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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40909 | 42 U.S.C. 16798(b). | Pub. L. 109–155, title VI, §619(b), Dec. 30, 2005, 119 Stat. 2935. |
Editorial Notes
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
SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
Editorial Notes
Amendments
2017—Pub. L. 115–10, title IV, §416(c), Mar. 21, 2017, 131 Stat. 35, struck out item 50133 "Shuttle privatization".
SUBCHAPTER I—GENERAL
§50101. Definitions
In this chapter:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(A) more than 50 percent owned by United States nationals; or
(B) a subsidiary of a foreign company and the Secretary of Transportation finds that—
(i) such subsidiary has in the past evidenced a substantial commitment to the United States market through—
(I) investments in the United States in long-term research, development, and manufacturing (including the manufacture of major components and subassemblies); and
(II) significant contributions to employment in the United States; and
(ii) the country or countries in which such foreign company is incorporated or organized, and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (A) comparable to that afforded to such foreign company's subsidiary in the United States, as evidenced by—
(I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government-sponsored research and development similar to that authorized under this chapter;
(II) providing no barriers, to companies described in subparagraph (A) with respect to local investment opportunities, that are not provided to foreign companies in the United States; and
(III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (A).
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3394.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50101 | 42 U.S.C. 14701. | 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.
Executive Documents
Space Policy Directive–2. Streamlining Regulations on Commercial Use of Space
Space Policy Directive–2, May 24, 2018, 83 F.R. 24901, provided:
Memorandum for the Vice President[,] the Secretary of State[,] the Secretary of Defense[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Homeland Security[,] the Secretary of Labor[,] the Director of National Intelligence[,] the Director of the Office of Management and Budget[,] the Assistant to the President for National Security Affairs[,] the Administrator of the National Aeronautics and Space Administration[,] the Director of the Office of Science and Technology Policy[,] the Assistant to the President for Homeland Security and Counterterrorism[, and] the Chairman of the Joint Chiefs of Staff
(b) Consistent with the policy set forth in section 1 of this memorandum, the Secretary of Transportation shall consider the following:
(i) requiring a single license for all types of commercial space flight launch and re-entry operations; and
(ii) replacing prescriptive requirements in the commercial space flight launch and re-entry licensing process with performance-based criteria.
(c) In carrying out the review required by subsection (a) of this section, the Secretary of Transportation shall coordinate with the members of the National Space Council.
(d) The Secretary of Defense, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration shall coordinate to examine all existing U.S. Government requirements, standards, and policies associated with commercial space flight launch and re-entry operations from Federal launch ranges and, as appropriate and consistent with applicable law, to minimize those requirements, except those necessary to protect public safety and national security, that would conflict with the efforts of the Secretary of Transportation in implementing the Secretary's responsibilities under this section.
(b) In carrying out the review required by subsection (a) of this section, the Secretary of Commerce shall coordinate with the Secretary of State, the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, and, as appropriate, the Chairman of the Federal Communications Commission.
(c) Within 120 days of the date of the completion of the review required by subsection (a) of this section, the Secretary of Commerce, in coordination with the Secretary of State and the Secretary of Defense, shall transmit to the Director of the Office of Management and Budget a legislative proposal to encourage expansion of the licensing of commercial remote sensing activities. That proposal shall be consistent with the policy set forth in section 1 of this memorandum.
(b) Within 30 days of the date of this memorandum, the Secretary of Commerce shall transmit to the Director of the Office of Management and Budget a legislative proposal to create within the Department of Commerce an entity with primary responsibility for administering the Department's regulation of commercial space flight activities.
(b) Within 120 days of the date of this memorandum, the Secretary of Commerce and the Director of the Office of Science and Technology Policy, in consultation with the Chairman of the Federal Communications Commission, and in coordination with the members of the National Space Council, shall provide to the President, through the Executive Secretary of the National Space Council, a report on improving the global competitiveness of the United States space sector through radio frequency spectrum policies, regulation, and United States activities at the International Telecommunication Union and other multilateral forums.
(a) initiate a review of export licensing regulations affecting commercial space flight activity;
(b) develop recommendations to revise such regulations consistent with the policy set forth in section 1 of this memorandum and with applicable law; and
(c) submit such recommendations to the President, through the Vice President, no later than 180 days from the date of this memorandum.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Transportation is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
§50111. Commercialization of Space Station
(a)
(b)
(1)
(A) make use of United States commercially provided International Space Station crew transfer and crew rescue services to the maximum extent practicable, if those commercial services have demonstrated the capability to meet Administration-specified ascent, entry, and International Space Station proximity operations safety requirements;
(B) limit, to the maximum extent practicable, the use of the Crew Exploration Vehicle to missions carrying astronauts beyond low Earth orbit once commercial crew transfer and crew rescue services that meet safety requirements become operational;
(C) facilitate, to the maximum extent practicable, the transfer of Administration-developed technologies to potential United States commercial crew transfer and rescue service providers, consistent with United States law; and
(D) issue a notice of intent, not later than 180 days after October 15, 2008, to enter into a funded, competitively awarded Space Act Agreement with 2 or more commercial entities for a Phase 1 Commercial Orbital Transportation Services crewed vehicle demonstration program.
(2)
(3)
(4)
(c)
(1)
(2)
(A) a description of the progress in achieving the Administration's deep space human exploration objectives on ISS and prospects for accomplishing future mission requirements, space exploration objectives, and other research objectives on future commercially supplied low-Earth orbit platforms or migration of those objectives to cis-lunar space;
(B) the steps NASA is taking and will take, including demonstrations that could be conducted on the ISS, to stimulate and facilitate commercial demand and supply of products and services in low-Earth orbit;
(C) an identification of barriers preventing the commercialization of low-Earth orbit, including issues relating to policy, regulations, commercial intellectual property, data, and confidentiality, that could inhibit the use of the ISS as a commercial incubator;
(D) the criteria for defining the ISS as a research success;
(E) the criteria used to determine whether the ISS is meeting the objective under section 301(b)(2) of the National Aeronautics and Space Administration Transition Authorization Act of 2017;
(F) an assessment of whether the criteria under subparagraphs (D) and (E) are consistent with the research areas defined in, and recommendations and schedules under, the current National Academies of Sciences, Engineering, and Medicine Decadal Survey on Biological and Physical Sciences in Space;
(G) any necessary contributions that ISS extension would make to enabling execution of the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017;
(H) the cost estimates for operating the ISS to achieve the criteria required under subparagraphs (D) and (E) and the contributions identified under subparagraph (G);
(I) the cost estimates for extending operations of the ISS to 2024, 2028, and 2030;
(J) an evaluation of the feasible and preferred service life of the ISS beyond the period described in section 503 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18353), through at least 2030, as a unique scientific, commercial, and space exploration-related facility, including—
(i) a general discussion of international partner capabilities and prospects for extending the partnership;
(ii) the cost associated with extending the service life;
(iii) an assessment on the technical limiting factors of the service life of the ISS, including a list of critical components and their expected service life and availability; and
(iv) such other information as may be necessary to fully describe the justification for and feasibility of extending the service life of the ISS, including the potential scientific or technological benefits to the Federal Government, public, or to academic or commercial entities;
(K) an identification of the necessary actions and an estimate of the costs to deorbit the ISS once it has reached the end of its service life;
(L) the impact on deep space exploration capabilities, including a crewed mission to Mars in the 2030s, if the preferred service life of the ISS is extended beyond 2024 and NASA maintains a flat budget profile; and
(M) an evaluation of the functions, roles, and responsibilities for management and operation of the ISS and a determination of—
(i) those functions, roles, and responsibilities the Federal Government should retain during the lifecycle of the ISS;
(ii) those functions, roles, and responsibilities that could be transferred to the commercial space sector;
(iii) the metrics that would indicate the commercial space sector's readiness and ability to assume the functions, roles, and responsibilities described in clause (ii); and
(iv) any necessary changes to any agreements or other documents and the law to enable the activities described in subparagraphs (A) and (B).
(3)
(A) test the capabilities needed to meet future mission requirements, space exploration objectives, and other research objectives described in paragraph (2)(A); and
(B) demonstrate or test capabilities, including commercial modules or deep space habitats, Environmental Control and Life Support Systems, orbital satellite assembly, exploration space suits, a node that enables a wide variety of activity, including multiple commercial modules and airlocks, additional docking or berthing ports for commercial crew and cargo, opportunities for the commercial space sector to cost share for transportation and other services on the ISS, other commercial activities, or services obtained through alternate acquisition approaches.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3396; Pub. L. 115–10, title III, §303(c), Mar. 21, 2017, 131 Stat. 27; Pub. L. 117–167, div. B, title VII, §10815(e), Aug. 9, 2022, 136 Stat. 1738.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50111(a) | 42 U.S.C. 14711(a). | Pub. L. 105–303, title I, §101(a), Oct. 28, 1998, 112 Stat. 2845. |
| 50111(b) | 42 U.S.C. 17801. | Pub. L. 110–422, title IX, §902, Oct. 15, 2008, 122 Stat. 4805. |
In subsection (b)(1)(D), the date "October 15, 2008" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422, 122 Stat. 4779).
Editorial Notes
References in Text
Section 101(3)(A) of the National Aeronautics and Space Administration Authorization Act of 2008, referred to in subsec. (b)(2), is section 101(3)(A) of Pub. L. 110–422, Oct. 15, 2008, 122 Stat. 4783, which was not classified to the Code.
The National Aeronautics and Space Administration Transition Authorization Act of 2017, referred to in subsec. (c)(1), (2)(E), (G), is Pub. L. 115–10, Mar. 21, 2017, 131 Stat. 18. Section 2 of the Act is set out as a note under section 10101 of this title, section 301(b)(2) of the Act is set out in a note under this section, and section 432 of the Act is set out in a note under section 20302 of this title.
Amendments
2022—Subsec. (c)(2). Pub. L. 117–167, §10815(e)(1), substituted "2028" for "2023" in introductory provisions.
Subsec. (c)(2)(J). Pub. L. 117–167, §10815(e)(2), substituted "2030" for "2028" in introductory provisions.
2017—Subsec. (c). Pub. L. 115–10 added subsec. (c).
Statutory Notes and Related Subsidiaries
Maximizing Utilization of ISS
Pub. L. 115–10, title III, §§301–303, Mar. 21, 2017, 131 Stat. 22–26, provided that:
"SEC. 301. OPERATION OF THE ISS.
"(a)
"(1) after 15 years of continuous human presence in low-Earth orbit, the ISS continues to overcome challenges and operate safely;
"(2) the ISS is a unique testbed for future space exploration systems development, including long-duration space travel;
"(3) the expansion of partnerships, scientific research, and commercial applications of the ISS is essential to ensuring the greatest return on investments made by the United States and its international space partners in the development, assembly, and operations of that unique facility;
"(4) utilization of the ISS will sustain United States leadership and progress in human space exploration by—
"(A) facilitating the commercialization and economic development of low-Earth orbit;
"(B) serving as a testbed for technologies and a platform for scientific research and development; and
"(C) serving as an orbital facility enabling research upon—
"(i) the health, well-being, and performance of humans in space; and
"(ii) the development of in-space systems enabling human space exploration beyond low-Earth orbit; and
"(5) the ISS provides a platform for fundamental, microgravity, discovery-based space life and physical sciences research that is critical for enabling space exploration, protecting humans in space, increasing pathways for commercial space development that depend on advances in basic research, and contributes to advancing science, technology, engineering, and mathematics research.
"(b)
"(1) to achieve the long term goal and objectives under section 202 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312); and
"(2) to pursue a research program that advances knowledge and provides other benefits to the Nation.
"(c)
"SEC. 302. TRANSPORTATION TO ISS.
"(a)
"(b)
"(1) once developed and certified to meet the Administration's safety and reliability requirements, United States commercially provided crew transportation systems can serve as the primary means of transporting United States government astronauts and international partner astronauts to and from the ISS and serving as ISS crew rescue vehicles;
"(2) previous budgetary assumptions used by the Administration in its planning for the Commercial Crew Program assumed significantly higher funding levels than were authorized and appropriated by Congress;
"(3) credibility in the Administration's budgetary estimates for the Commercial Crew Program can be enhanced by an independently developed cost estimate;
"(4) such credibility in budgetary estimates is an important factor in understanding program risk;
"(5) United States access to low-Earth orbit is paramount to the continued success of the ISS and ISS National Laboratory;
"(6) a stable and successful Commercial Resupply Services Program and Commercial Crew Program are critical to ensuring timely provisioning of the ISS and to reestablishing the capability to launch United States government astronauts from United States soil into orbit, ending reliance upon Russian transport of United States government astronauts to the ISS which has not been possible since the retirement of the Space Shuttle program in 2011;
"(7) NASA should build upon the success of the Commercial Orbital Transportation Services Program and Commercial Resupply Services Program that have allowed private sector companies to partner with NASA to deliver cargo and scientific experiments to the ISS since 2012;
"(8) the 21st Century Launch Complex Program has enabled significant modernization and infrastructure improvements at launch sites across the United States to support NASA's Commercial Resupply Services Program and other civil and commercial space flight missions; and
"(9) the 21st Century Launch Complex Program should be continued in a manner that leverages State and private investments to achieve the goals of that program.
"(c)
"(1) its commitment to the use of a commercially developed, private sector launch and delivery system to the ISS for crew missions as expressed in the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2895) [see Tables for classification], the National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422; 122 Stat. 4779) [see Tables for classification], and the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.); and
"(2) the requirement under section 50111(b)(1)(A) of title 51, United States Code, that the Administration shall make use of United States commercially provided ISS crew transfer and crew rescue services to the maximum extent practicable.
"(d)
"(e)
"(1)
"(A) can carry United States government astronauts safely, reliably, and affordably to and from the ISS;
"(B) can serve as a crew rescue vehicle; and
"(C) can accomplish subparagraphs (A) and (B) as soon as practicable.
"(2)
"(3)
"(A)
"(B)
"(4)
"(f)
"(g)
"(h)
"(1)
"(2)
"(i)
"(1) identifies the lessons learned to date from previous and existing Commercial Resupply Services contracts;
"(2) indicates whether changes are needed to the manner in which the Administration procures and manages similar services prior to the issuance of future Commercial Resupply Services procurement opportunities; and
"(3) identifies any lessons learned from the Commercial Resupply Services contracts that should be applied to the procurement and management of commercially provided crew transfer services to and from the ISS or to other future procurements.
"SEC. 303. ISS TRANSITION PLAN.
"(a)
"(1) NASA has been both the primary supplier and consumer of human space flight capabilities and services of the ISS and in low-Earth orbit; and
"(2) according to the National Research Council report 'Pathways to Exploration: Rationales and Approaches for a U.S. Program of Human Space Exploration' extending ISS beyond 2020 to 2024 or 2028 will have significant negative impacts on the schedule of crewed missions to Mars, without significant increases in funding.
"(b)
"(1) an orderly transition for United States human space flight activities in low-Earth orbit from the current regime, that relies heavily on NASA sponsorship, to a regime where NASA is one of many customers of a low-Earth orbit commercial human space flight enterprise may be necessary; and
"(2) decisions about the long-term future of the ISS impact the ability to conduct future deep space exploration activities, and that such decisions regarding the ISS should be considered in the context of the human exploration roadmap under section 432 of this Act [set out in a note under section 20302 of this title].
"(c)
[For definitions of terms used in sections 301 to 303 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.]
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50112 | 42 U.S.C. 14712(b). | Pub. L. 105–303, title I, §104(b), Oct. 28, 1998, 112 Stat. 2852. |
Statutory Notes and Related Subsidiaries
Finding
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)
(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)
(c)
(d)
(e)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3397; Pub. L. 115–232, div. A, title VIII, §836(g)(10)(A), Aug. 13, 2018, 132 Stat. 1874; Pub. L. 117–81, div. A, title XVII, §1702(l)(10), Dec. 27, 2021, 135 Stat. 2161.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50113 | 42 U.S.C. 14713. | Pub. L. 105–303, title I, §105, Oct. 28, 1998, 112 Stat. 2852. |
Editorial Notes
Amendments
2021—Subsec. (c). Pub. L. 117–81 substituted "including applicable provisions of chapters 201 through 285, 341 through 343, and 363" for "including chapters 137 and 140".
2018—Subsec. (c). Pub. L. 115–232 substituted "Commercial Product or Commercial Service" for "Commercial Item" in heading and "commercial product or commercial service" for "commercial item" in text.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
§50114. Administration of commercial space centers
The Administrator shall administer the Commercial Space Center program in a coordinated manner from Administration headquarters in Washington, D.C.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3398.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50114 | 42 U.S.C. 14714. | Pub. L. 105–303, title I, §106, Oct. 28, 1998, 112 Stat. 2853. |
§50115. Sources of Earth science data
(a)
(b)
(c)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3398; Pub. L. 115–232, div. A, title VIII, §836(g)(10)(B), Aug. 13, 2018, 132 Stat. 1874; Pub. L. 117–81, div. A, title XVII, §1702(l)(10), Dec. 27, 2021, 135 Stat. 2161.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50115(a) | 42 U.S.C. 14715(a). | Pub. L. 105–303, title I, §107(a), (b), (d), (e), Oct. 28, 1998, 112 Stat. 2853, 2854. |
| 50115(b) | 42 U.S.C. 14715(b). | |
| 50115(c) | 42 U.S.C. 14715(d). | |
| 50115(d) | 42 U.S.C. 14715(e). |
Editorial Notes
Amendments
2021—Subsec. (b). Pub. L. 117–81 substituted "including applicable provisions of chapters 201 through 285, 341 through 343, and 363" for "including chapters 137 and 140".
2018—Subsec. (b). Pub. L. 115–232, in heading, substituted "Commercial Product or Commercial Service" for "Commercial Item" and, in text, substituted "commercial product or commercial service" for "commercial item".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
§50116. Commercial technology transfer program
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3399; Pub. L. 115–10, title VIII, §829, Mar. 21, 2017, 131 Stat. 66.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50116 | 42 U.S.C. 16811. | 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).
Editorial Notes
Amendments
2017—Subsec. (a). Pub. L. 115–10 inserted ", while protecting national security" after "research community".
SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
§50131. Requirement to procure commercial space transportation services
(a)
(b)
(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)
(d)
(e)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3399; Pub. L. 114–90, title I, §117(b)(3), Nov. 25, 2015, 129 Stat. 718.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50131(a) | 42 U.S.C. 14731(a). | Pub. L. 105–303, title II, §201, Oct. 28, 1998, 112 Stat. 2854. |
| 50131(b) | 42 U.S.C. 14731(b) (less last sentence). | |
| 50131(c) | 42 U.S.C. 14731(b) (last sentence). | |
| 50131(d) | 42 U.S.C. 14731(c). | |
| 50131(e) | 42 U.S.C. 14731(d). |
In subsection (d), the date "October 28, 1998" is substituted for "the date of the enactment of this Act" and for "such date" to reflect the date of enactment of the Commercial Space Act of 1998 (Public Law 105–303, 112 Stat. 2843).
Editorial Notes
Amendments
2015—Subsec. (a). Pub. L. 114–90 inserted "or in section 70102" after "in this section".
Statutory Notes and Related Subsidiaries
NASA Launch Capabilities Collaboration
Pub. L. 115–10, title VIII, §822, Mar. 21, 2017, 131 Stat. 61, provided that:
"(a)
"(1) The Launch Services Program is responsible for the acquisition, management, and technical oversight of commercial launch services for NASA's [National Aeronautics and Space Administration's] science and robotic missions.
"(2) The Commercial Crew Program is responsible for the acquisition, management, and technical oversight of commercial crew transportation systems.
"(3) The Launch Services Program and Commercial Crew Program have worked together to gain exceptional technical insight into the contracted launch service providers that are common to both programs.
"(4) The Launch Services Program has a long history of oversight of 12 different launch vehicles and over 80 launches.
"(5) Co-location of the Launch Services Program and Commercial Crew Program has enabled the Commercial Crew Program to efficiently obtain the launch vehicle technical expertise of and provide engineering and analytical support to the Commercial Crew Program.
"(b)
"(1) the Launch Services Program and Commercial Crew Program each benefit from communication and coordination of launch manifests, technical information, and common launch vehicle insight between the programs; and
"(2) such communication and coordination is enabled by the co-location of the programs.
"(c)
Leveraging Commercial Satellite Servicing Capabilities Across Mission Directorates
Pub. L. 115–10, title VIII, §825, Mar. 21, 2017, 131 Stat. 65, provided that:
"(a)
"(1) Refueling and relocating aging satellites to extend their operational lifetimes is a capacity that NASA [National Aeronautics and Space Administration] will substantially benefit from and is important for lowering the costs of ongoing scientific, national security, and commercial satellite operations.
"(2) The technologies involved in satellite servicing, such as dexterous robotic arms, propellant transfer systems, and solar electric propulsion, are all critical capabilities to support a human exploration mission to Mars.
"(b)
"(1) satellite servicing is a vital capability that will bolster the capacity and affordability of NASA's ongoing scientific and human exploration operations while simultaneously enhancing the ability of domestic companies to compete in the global marketplace; and
"(2) future NASA satellites and spacecraft across mission directorates should be constructed in a manner that allows for servicing in order to maximize operational longevity and affordability.
"(c)
"(1) identify orbital assets in both the Science Mission Directorate and the Human Exploration and Operations Mission Directorate that could benefit from satellite servicing-related technologies; and
"(2) work across all NASA mission directorates to evaluate opportunities for the private sector to perform such services or advance technical capabilities by leveraging the technologies and techniques developed by NASA programs and other industry programs."
§50132. Acquisition of commercial space transportation services
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3400; Pub. L. 115–232, div. A, title VIII, §836(g)(10)(C), Aug. 13, 2018, 132 Stat. 1874; Pub. L. 117–81, div. A, title XVII, §1702(l)(10), Dec. 27, 2021, 135 Stat. 2161.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50132 | 42 U.S.C. 14732. | Pub. L. 105–303, title II, §202, Oct. 28, 1998, 112 Stat. 2855. |
Editorial Notes
Amendments
2021—Subsec. (a). Pub. L. 117–81 substituted "including applicable provisions of chapters 201 through 285, 341 through 343, and 363" for "including chapters 137 and 140".
2018—Subsec. (a). Pub. L. 115–232 substituted "Commercial Service" for "Commercial Item" in heading and "commercial service" for "commercial item" in text.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
[§50133. Repealed. Pub. L. 115–10, title IV, §416(c), Mar. 21, 2017, 131 Stat. 35]
Section, Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3400, related to shuttle privatization.
§50134. Use of excess intercontinental ballistic missiles
(a)
(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)
(1)
(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)
(c)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50134 | 42 U.S.C. 14734. | 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 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).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
CHAPTER 503—COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION
§50301. Definitions
In this chapter:
(1)
(2)
(3)
(4)
(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)
(6)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3401.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50301 | 42 U.S.C. 14753. | Pub. L. 107–248, title IX, §904, Oct. 23, 2002, 116 Stat. 1576. |
Statutory Notes and Related Subsidiaries
Findings
Pub. L. 107–248, title IX, §902, Oct. 23, 2002, 116 Stat. 1573, provided that: "Congress makes the following findings:
"(1) It is in the national interest to encourage the production of cost-effective, in-space transportation systems, which would be built and operated by the private sector on a commercial basis.
"(2) The use of reusable in-space transportation systems will enhance performance levels of in-space operations, enhance efficient and safe disposal of satellites at the end of their useful lives, and increase the capability and reliability of existing ground-to-space launch vehicles.
"(3) Commercial reusable in-space transportation systems will enhance the economic well-being and national security of the United States by reducing space operations costs for commercial and national space programs and by adding new space capabilities to space operations.
"(4) Commercial reusable in-space transportation systems will provide new cost-effective space capabilities (including orbital transfers from low altitude orbits to high altitude orbits and return, the correction of erroneous satellite orbits, and the recovery, refurbishment, and refueling of satellites) and the provision of upper stage functions to increase ground-to-orbit launch vehicle payloads to geostationary and other high energy orbits.
"(5) Commercial reusable in-space transportation systems can enhance and enable the space exploration of the United States by providing lower cost trajectory injection from earth orbit, transit trajectory control, and planet arrival deceleration to support potential National Aeronautics and Space Administration missions to Mars, Pluto, and other planets.
"(6) Satellites stranded in erroneous earth orbit due to deficiencies in their launch represent substantial economic loss to the United States and present substantial concerns for the current backlog of national space assets.
"(7) Commercial reusable in-space transportation systems can provide new options for alternative planning approaches and risk management to enhance the mission assurance of national space assets.
"(8) Commercial reusable in-space transportation systems developed by the private sector can provide in-space transportation services to the National Aeronautics and Space Administration, the Department of Defense, the National Reconnaissance Office, and other agencies without the need for the United States to bear the cost of production of such systems.
"(9) The availability of loan guarantees, with the cost of credit risk to the United States paid by the private-sector, is an effective means by which the United States can help qualifying private-sector companies secure otherwise unattainable private financing for the production of commercial reusable in-space transportation systems, while at the same time minimizing Government commitment and involvement in the development of such systems."
§50302. Loan guarantees for production of commercial reusable in-space transportation
(a)
(b)
(c)
(d)
(1)
(2)
(e)
(1)
(2)
(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)
(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.
(4)
(f)
(1)
(2)
(3)
(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)
(1)
(2)
(3)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3402.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50302 | 42 U.S.C. 14752. | Pub. L. 107–248, title IX, §903, Oct. 23, 2002, 116 Stat. 1574. |
In subsection (f)(2), the word "forbear" is substituted for "forebear" to correct an error in the law.
In subsection (g)(1), the words "services or systems" are substituted for "services or system" to correct an error in the law.
Editorial Notes
References in Text
The Federal Credit Reform Act of 1990, referred to in subsec. (g)(1), (2), is title V of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, §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.
CHAPTER 505—COMMERCIAL SPACE COMPETITIVENESS
§50501. Definitions
In this chapter:
(1)
(2)
(3)
(A) private capital at risk; and
(B) primary financial and management responsibility for the activity reside with the private sector.
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3404.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50501 | 15 U.S.C. 5802. | Pub. L. 102–588, title V, §502, Nov. 4, 1992, 106 Stat. 5123. |
Statutory Notes and Related Subsidiaries
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, and was repealed and reenacted as this section by Pub. L. 111–314, §§3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444.]
§50502. Launch voucher demonstration program
(a)
(b)
(1) payloads to be placed in suborbital trajectories; and
(2) small payloads to be placed in orbit.
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3405.)
| 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.
§50503. Anchor tenancy and termination liability
(a)
(1) the good or service meets the mission requirements of the Administration or the National Oceanic and Atmospheric Administration, as appropriate;
(2) the commercially procured good or service is cost effective;
(3) the good or service is procured through a competitive process;
(4) existing or potential customers for the good or service other than the United States Government have been specifically identified;
(5) the long-term viability of the venture is not dependent upon a continued Government market or other nonreimbursable Government support; and
(6) private capital is at risk in the venture.
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(3)
(4)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3405.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50503 | 15 U.S.C. 5806. | Pub. L. 102–588, title V, §507, Nov. 4, 1992, 106 Stat. 5127. |
§50504. Use of Government facilities
(a)
(1)
(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)
(b)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3406.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50504 | 15 U.S.C. 5807. | Pub. L. 102–588, title V, §508, Nov. 4, 1992, 106 Stat. 5128. |
§50505. Test facilities
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3407.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50505 | 42 U.S.C. 16634. | 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).
Statutory Notes and Related Subsidiaries
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. Commercial Space Achievement Award
(a)
(b)
(1)
(2)
(3)
(c)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3407.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50506 | 15 U.S.C. 5808. | 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 COMMERCE
Editorial Notes
Amendments
2015—Pub. L. 114–90, title III, §301(a)(1), Nov. 25, 2015, 129 Stat. 720, substituted "COMMERCE" for "COMMERCIALIZATION" in chapter heading.
§50701. Definition of Office
In this chapter, the term "Office" means the Office of Space Commerce established in section 50702 of this title.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3408; Pub. L. 114–90, title III, §301(b), Nov. 25, 2015, 129 Stat. 720.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50701 | (no source) |
A chapter-wide definition for the term "Office" is added for clarity and convenience.
Editorial Notes
Amendments
2015—Pub. L. 114–90 substituted "Commerce" for "Commercialization".
§50702. Establishment
(a)
(b)
(c)
(1) to foster the conditions for the economic growth and technological advancement of the United States space commerce industry;
(2) to coordinate space commerce policy issues and actions within the Department of Commerce;
(3) to represent the Department of Commerce in the development of United States policies and in negotiations with foreign countries to promote United States space commerce;
(4) to promote the advancement of United States geospatial technologies related to space commerce, in cooperation with relevant interagency working groups; and
(5) to provide support to Federal Government organizations working on Space-Based Positioning Navigation, and Timing policy, including the National Coordination Office for Space-Based Position,1 Navigation, and Timing.
(d)
(1) promoting commercial provider investment in space activities by collecting, analyzing, and disseminating information on space markets, and conducting workshops and seminars to increase awareness of commercial space opportunities;
(2) assisting United States commercial providers in the efforts of those providers to conduct business with the United States Government;
(3) acting as an industry advocate within the executive branch of the Federal Government to ensure that the Federal Government meets the space-related requirements of the Federal Government, to the fullest extent feasible, using commercially available space goods and services;
(4) ensuring that the United States Government does not compete with United States commercial providers in the provision of space hardware and services otherwise available from United States commercial providers;
(5) promoting the export of space-related goods and services;
(6) representing the Department of Commerce in the development of United States policies and in negotiations with foreign countries to ensure free and fair trade internationally in the area of space commerce; and
(7) seeking the removal of legal, policy, and institutional impediments to space commerce.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3408; Pub. L. 114–90, title III, §§301(c), 302, Nov. 25, 2015, 129 Stat. 720.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50702 | 15 U.S.C. 1511e. | 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. |
Editorial Notes
Amendments
2015—Subsec. (a). Pub. L. 114–90, §301(c), substituted "Space Commerce" for "Space Commercialization".
Subsec. (c). Pub. L. 114–90, §302, substituted "Commerce, including—" for "Commerce." and added pars. (1) to (5).
Statutory Notes and Related Subsidiaries
Cooperation With Former Soviet Republics
Pub. L. 102–588, title II, §218, Nov. 4, 1992, 106 Stat. 5117, provided that:
"(a)
"(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)
"(c)
1 So in original. Probably should be "Positioning,".
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50703 | 15 U.S.C. 1535. | 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 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).
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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, 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)
(1) the peaceful uses of outer space continue to be of great value and to offer benefits to all mankind;
(2) private applications of space technology have achieved a significant level of commercial and economic activity and offer the potential for growth in the future, particularly in the United States;
(3) new and innovative equipment and services are being sought, produced, and offered by entrepreneurs in telecommunications, information services, microgravity research, human space flight, and remote sensing technologies;
(4) the private sector in the United States has the capability of developing and providing private launching, reentry, and associated services that would complement the launching, reentry, and associated capabilities of the United States Government;
(5) the development of commercial launch vehicles, reentry vehicles, and associated services would enable the United States to retain its competitive position internationally, contributing to the national interest and economic well-being of the United States;
(6) providing launch services and reentry services by the private sector is consistent with the national security and foreign policy interests of the United States and would be facilitated by stable, minimal, and appropriate regulatory guidelines that are fairly and expeditiously applied;
(7) the United States should encourage private sector launches, reentries, and associated services and, only to the extent necessary, regulate those launches, reentries, and services to ensure compliance with international obligations of the United States and to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;
(8) space transportation, including the establishment and operation of launch sites, reentry sites, and complementary facilities, the providing of launch services and reentry services, the establishment of support facilities, and the providing of support services, is an important element of the transportation system of the United States, and in connection with the commerce of the United States there is a need to develop a strong space transportation infrastructure with significant private sector involvement;
(9) the participation of State governments in encouraging and facilitating private sector involvement in space-related activity, particularly through the establishment of a space transportation-related infrastructure, including launch sites, reentry sites, complementary facilities, and launch site and reentry site support facilities, is in the national interest and is of significant public benefit;
(10) the goal of safely opening space to the American people and their private commercial, scientific, and cultural enterprises should guide Federal space investments, policies, and regulations;
(11) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space and greater private investment in these efforts will stimulate the Nation's commercial space transportation industry as a whole;
(12) space transportation is inherently risky, and the future of the commercial human 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, government astronauts, or space flight participants to avoidable risks as the public comes to expect greater safety for crew, government astronauts, and space flight participants from the industry.
(b)
(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. 111–314, §4(d)(2), (3)(A), Dec. 18, 2010, 124 Stat. 3440; Pub. L. 114–90, title I, §112(a), Nov. 25, 2015, 129 Stat. 711.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70101(a) | 49 App.:2601. | 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. |
| 70101(b) | 49 App.:2602. |
In subsection (a), before clause (1), the words "and declares" are omitted as surplus.
In subsection (b), before clause (1), the word "therefore" is omitted as surplus.
Editorial Notes
Amendments
2015—Subsec. (a)(15). Pub. L. 114–90, which directed amendment of section "50901(15)" by inserting ", government astronauts," after "crew" wherever appearing, was executed by making the insertion in subsec. (a)(15) in two places, to reflect the probable intent of Congress.
2010—Pub. L. 111–314 successively renumbered section 70101 of title 49 and section 70101 of this title as this section.
2004—Subsec. (a)(3). Pub. L. 108–492, §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,".
Statutory Notes and Related Subsidiaries
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 airplane-style operations;
"(4) during the next 3 years the Federal Government and the private sector should analyze the liability risk-sharing regime to determine its appropriateness and effectiveness, and, if needed, develop and propose a new regime to Congress at least 2 years prior to the expiration of the extension contained in this Act [see Tables for classification];
"(5) the areas of responsibility of the Office of the Associate Administrator for Commercial Space Transportation have significantly increased as a result of—
"(A) the rapidly expanding commercial space transportation industry and associated government licensing requirements;
"(B) regulatory activity as a result of the emerging commercial reusable launch vehicle industry; and
"(C) the increased regulatory activity associated with commercial operation of launch and reentry sites; and
"(6) the Office of the Associate Administrator for Commercial Space Transportation should continue to limit its promotional activities to those which support its regulatory mission."
§50902. Definitions
In this chapter—
(1) "citizen of the United States" means—
(A) an individual who is a citizen of the United States;
(B) an entity organized or existing under the laws of the United States or a State; or
(C) an entity organized or existing under the laws of a foreign country if the controlling interest (as defined by the Secretary of Transportation) is held by an individual or entity described in subclause (A) or (B) of this clause.
(2) "crew" means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings.
(3) "executive agency" has the same meaning given that term in section 105 of title 5.
(4) "government astronaut" means an individual who—
(A) is designated by the National Aeronautics and Space Administration under section 20113(n);
(B) is carried within a launch vehicle or reentry vehicle in the course of his or her employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle; and
(C) is either—
(i) an employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act; or
(ii) an international partner astronaut.
(5) "international partner astronaut" means an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the United States, as qualified to serve as an International Space Station crew member.
(6) "International Space Station Intergovernmental Agreement" means the Agreement Concerning Cooperation on the International Space Station, signed at Washington January 29, 1998 (TIAS 12927).
(7) "launch" means to place or try to place a launch vehicle or reentry vehicle and any payload or human being from Earth—
(A) in a suborbital trajectory;
(B) in Earth orbit in outer space; or
(C) otherwise in outer space,
including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States.
(8) "launch property" means an item built for, or used in, the launch preparation or launch of a launch vehicle.
(9) "launch services" means—
(A) activities involved in the preparation of a launch vehicle, payload, crew (including crew training), government astronaut, or space flight participant for launch; and
(B) the conduct of a launch.
(10) "launch site" means the location on Earth from which a launch takes place (as defined in a license the Secretary issues or transfers under this chapter) and necessary facilities at that location.
(11) "launch vehicle" means—
(A) a vehicle built to operate in, or place a payload or human beings in, outer space; and
(B) a suborbital rocket.
(12) "obtrusive space advertising" means advertising in outer space that is capable of being recognized by a human being on the surface of the Earth without the aid of a telescope or other technological device.
(13) "payload" means an object that a person undertakes to place in outer space by means of a launch vehicle or reentry vehicle, including components of the vehicle specifically designed or adapted for that object.
(14) except in section 50904(c), "permit" means an experimental permit issued under section 50906.
(15) "person" means an individual and an entity organized or existing under the laws of a State or country.
(16) "reenter" and "reentry" mean to return or attempt to return, purposefully, a reentry vehicle and its payload or human beings, if any, from Earth orbit or from outer space to Earth.
(17) "reentry services" means—
(A) activities involved in the preparation of a reentry vehicle and payload, crew (including crew training), government astronaut, or space flight participant, if any, for reentry; and
(B) the conduct of a reentry.
(18) "reentry site" means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter).
(19) "reentry vehicle" means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially intact.
(20) "space flight participant" means an individual, who is not crew or a government astronaut, carried within a launch vehicle or reentry vehicle.
(21) "space support vehicle flight" means a flight in the air that—
(A) is not a launch or reentry; but
(B) is conducted by a space support vehicle.
(22) "space support vehicle" means a vehicle that is—
(A) a launch vehicle;
(B) a reentry vehicle; or
(C) a component of a launch or reentry vehicle.
(23) "State" means a State of the United States, the District of Columbia, and a territory or possession of the United States.
(24) unless and until regulations take effect under section 50922(c)(2), "suborbital rocket" means a vehicle, rocket-propelled in whole or in part, intended for flight on a suborbital trajectory, and the thrust of which is greater than its lift for the majority of the rocket-powered portion of its ascent.
(25) "suborbital trajectory" means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth.
(26) "third party" means a person except—
(A) the United States Government or the Government's contractors or subcontractors involved in launch services or reentry services;
(B) a licensee or transferee under this chapter;
(C) a licensee's or transferee's contractors, subcontractors, or customers involved in launch services or reentry services;
(D) the customer's contractors or subcontractors involved in launch services or reentry services; or
(E) crew, government astronauts, or space flight participants.
(27) "United States" means the States of the United States, the District of Columbia, and the territories and possessions of the United States.
(Pub. L. 103–272, §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; Pub. L. 114–90, title I, §112(c), (e)–(j), Nov. 25, 2015, 129 Stat. 712, 713; Pub. L. 115–254, div. B, title V, §581(a), Oct. 5, 2018, 132 Stat. 3397.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70102(1) | 49 App.:2603(9). | Oct. 30, 1984, Pub. L. 98–575, §4(1)–(9), 98 Stat. 3056. |
| 49 App.:2603(12). | Oct. 30, 1984, Pub. L. 98–575, §4(12), 98 Stat. 3056; Nov. 15, 1988, Pub. L. 100–657, §3(2), 102 Stat. 3900. | |
| 70102(2)–(9) | 49 App.:2603(1)–(8). | |
| 70102(10) | 49 App.:2603(10). | Oct. 30, 1984, Pub. L. 98–575, §4(10), 98 Stat. 3056; Nov. 15, 1988, Pub. L. 100–657, §3(1), 102 Stat. 3900. |
| 70102(11) | 49 App.:2603(11). | 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. |
| 70102(12) | 49 App.:2603(10). |
In this chapter, the word "country" is substituted for "nation" for consistency in the revised title and with other titles of the United States Code.
In clause (1), before subclause (A), the text of 49 App.:2603(9) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In subclauses (B) and (C), the words "corporation, partnership, joint venture, association, or other" are omitted as surplus. In subclause (C), the words "in regulations" and "in such entity" are omitted as surplus.
In clause (4), the words "propellants, launch vehicles and components thereof, and other physical" are omitted as surplus.
In clause (6), the words "includes all . . . located on a launch site which are . . . to conduct a launch" are omitted as surplus.
In clause (9), the words "corporation, partnership, joint venture, association, or other" are omitted as surplus.
Clauses (10) and (12) are substituted for 49 App.:2603(10) to eliminate unnecessary words.
In clause (11), before subclause (A), the words "or entity" are omitted as surplus. In subclause (A), the words "its agencies" are omitted as surplus.
Pub. L. 104–287
This amends 49:70102(6) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1331).
Editorial Notes
Amendments
2018—Pars. (21) to (27). Pub. L. 115–254 added pars. (21) and (22) and redesignated former pars. (21) to (25) as (23) to (27), respectively.
2015—Pars. (4) to (6). Pub. L. 114–90, §112(c)(2), added pars. (4) to (6). Former pars. (4) to (6) redesignated (7) to (9), respectively.
Par. (7). Pub. L. 114–90, §112(c)(1), (e), redesignated par. (4) as (7) and substituted "and any payload or human being" for "and any payload, crew, or space flight participant" in introductory provisions. Former par. (7) redesignated (10).
Par. (8). Pub. L. 114–90, §112(c)(1), redesignated par. (5) as (8). Former par. (8) redesignated (11).
Par. (9). Pub. L. 114–90, §112(c)(1), (f), redesignated par. (6) as (9) and substituted "payload, crew (including crew training), government astronaut, or space flight participant" for "payload, crew (including crew training), or space flight participant" in subpar. (A). Former par. (9) redesignated (12).
Pars. (10) to (15). Pub. L. 114–90, §112(c)(1), redesignated pars. (7) to (12) as (10) to (15), respectively. Former pars. (10) to (15) redesignated (13) to (18), respectively.
Par. (16). Pub. L. 114–90, §112(c)(1), (g), redesignated par. (13) as (16) and substituted "and its payload or human beings, if any," for "and its payload, crew, or space flight participants, if any,". Former par. (16) redesignated (19).
Par. (17). Pub. L. 114–90, §112(c)(1), (h), redesignated par. (14) as (17) and substituted "payload, crew (including crew training), government astronaut, or space flight participant, if any," for "payload, crew (including crew training), or space flight participant, if any," in subpar. (A). Former par. (17) redesignated (20).
Pars. (18), (19). Pub. L. 114–90, §112(c)(1), redesignated pars. (15) and (16) as (18) and (19), respectively. Former pars. (18) and (19) redesignated (21) and (22), respectively.
Par. (20). Pub. L. 114–90, §112(c)(1), (i), redesignated par. (17) as (20) and amended it generally. Prior to amendment, par. (20) read as follows: " 'space flight participant' means an individual, who is not crew, carried within a launch vehicle or reentry vehicle."
Pars. (21) to (23). Pub. L. 114–90, §112(c)(1), redesignated pars. (18) to (20) as (21) to (23), respectively. Former pars. (21) and (22) redesignated (24) and (25), respectively.
Par. (24). Pub. L. 114–90, §112(c)(1), (j), redesignated par. (21) as (24) and inserted ", government astronauts," after "crew" in subpar. (E).
Par. (25). Pub. L. 114–90, §112(c)(1), redesignated par. (22) as (25).
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).
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".
Statutory Notes and Related Subsidiaries
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)
(b)
(1) encourage, facilitate, and promote commercial space launches and reentries by the private sector, including those involving space flight participants; and
(2) take actions to facilitate private sector involvement in commercial space transportation activity, and to promote public-private partnerships involving the United States Government, State governments, and the private sector to build, expand, modernize, or operate a space launch and reentry infrastructure.
(c)
(d)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70103(a) | 49 App.:2604(a) (1st–10th words). | Oct. 30, 1984, Pub. L. 98–575, §5(a) (1st–10th words, (b)), 98 Stat. 3057. |
| 70103(b) | 49 App.:2604(a) (11th–15th words, cls. (1), (3)). | 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. |
| 70103(c) | 49 App.:2604(b). |
In subsection (a), the words "be responsible for" are omitted as surplus.
In subsection (c), the words "To the extent permitted by law" are omitted as surplus. The words "the head of an executive agency" are substituted for "Federal agencies" for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
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".
Statutory Notes and Related Subsidiaries
Launch Services Strategy
Pub. L. 110–422, title VI, §621, Oct. 15, 2008, 122 Stat. 4801, provided that:
"(a)
"(b)
"(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."
Executive Documents
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:
(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.
(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.
Ronald Reagan.
§50904. Restrictions on launches, operations, and reentries
(a)
(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)
(c)
(d)
(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; Pub. L. 114–90, title I, §112(k), Nov. 25, 2015, 129 Stat. 713.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70104(a) | 49 App.:2605(a). | Oct. 30, 1984, Pub. L. 98–575, §6(a), (b), 98 Stat. 3057. |
| 70104(b) | 49 App.:2605(b)(1) (1st sentence). | |
| 70104(c) | 49 App.:2605(b)(1) (last sentence), (2). |
In subsection (a)(2)–(4), the cross-reference is to section 70102(1) of the revised title (restating 49 App.:2603(12)) rather than to section 70102(11) (restating 49 App.:2603(11)) to correct a mistake. Section 3(2) of the Commercial Space Launch Act Amendments of 1988 (Public Law 100–657, 102 Stat. 3900) redesignated 49 App.:2603(11) as 49 App.:2603(12) but did not amend the cross-reference in 49 App.:2605(a).
In subsection (a)(3) and (4), the words "the government of" are added for consistency in the revised title and with other titles of the United States Code. The words "in force" are omitted as surplus.
In subsection (a)(3), the words "at any place which is both" are omitted as surplus.
In subsection (a)(4), the text of 49 App.:2605(a)(3)(B)(i) is omitted as surplus.
In subsection (c), the words "by Federal law", "which is to be launched", "by any Federal law", "take such action under this chapter as the Secretary deems necessary to", and "of a payload by a holder of a launch license under this chapter" are omitted as surplus.
Editorial Notes
Amendments
2015—Subsec. (d). Pub. L. 114–90 substituted "activities involving crew, government astronauts, or space flight participants" for "activities involving crew or space flight participants".
2010—Pub. L. 111–314, §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)".
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)
(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel (including approval procedures for the purpose of protecting the health and safety of crew, government astronauts, and space flight participants, to the extent permitted by subsections (b) and (c)) that may be used in conducting licensed commercial space launch or reentry activities.
(b)
(2) The Secretary may prescribe—
(A) any term necessary to ensure compliance with this chapter, including on-site verification that a launch, operation, or reentry complies with representations stated in the application;
(B) any additional requirement necessary to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States;
(C) by regulation that a requirement of a law of the United States not be a requirement for a license or permit if the Secretary, after consulting with the head of the appropriate executive agency, decides that the requirement is not necessary to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;
(D) additional license requirements, for a launch vehicle carrying a human being for compensation or hire, necessary to protect the health and safety of crew, government astronauts, or space flight participants, only if such requirements are imposed pursuant to final regulations issued in accordance with subsection (c); and
(E) regulations establishing criteria for accepting or rejecting an application for a license or permit under this chapter within 60 days after receipt of such application.
(3) The Secretary may waive a requirement, including the requirement to obtain a license, for an individual applicant if the Secretary decides that the waiver is in the public interest and will not jeopardize the public health and safety, safety of property, and national security and foreign policy interests of the United States. The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.
(4) The holder of a license or a permit under this chapter may launch or reenter crew only if—
(A) the crew has received training and has satisfied medical or other standards specified in the license or permit in accordance with regulations promulgated by the Secretary;
(B) the holder of the license or permit has informed any individual serving as crew in writing, prior to executing any contract or other arrangement to employ that individual (or, in the case of an individual already employed as of the date of enactment of the Commercial Space Launch Amendments Act of 2004, as early as possible, but in any event prior to any launch in which the individual will participate as crew), that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants; and
(C) the holder of the license or permit and crew have complied with all requirements of the laws of the United States that apply to crew.
(5) The holder of a license or a permit under this chapter may launch or reenter a space flight participant only if—
(A) in accordance with regulations promulgated by the Secretary, the holder of the license or permit has informed the space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type, and the Secretary has informed the space flight participant in writing of any relevant information related to risk or probable loss during each phase of flight gathered by the Secretary in making the determination required by section 50914(a)(2) and (c);
(B) the holder of the license or permit has informed any space flight participant in writing, prior to receiving any compensation from that space flight participant or (in the case of a space flight participant not providing compensation) otherwise concluding any agreement to fly that space flight participant, that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants;
(C) in accordance with regulations promulgated by the Secretary, the space flight participant has provided written informed consent to participate in the launch and reentry and written certification of compliance with any regulations promulgated under paragraph (6)(A); and
(D) the holder of the license or permit has complied with any regulations promulgated by the Secretary pursuant to paragraph (6).
(6)(A) The Secretary may issue regulations requiring space flight participants to undergo an appropriate physical examination prior to a launch or reentry under this chapter. This subparagraph shall cease to be in effect three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004.
(B) The Secretary may issue additional regulations setting reasonable requirements for space flight participants, including medical and training requirements. Such regulations shall not be effective before the expiration of 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004.
(c)
(1)
(2)
(A) describe how such regulations would be applied when the Secretary is determining whether to issue a license under this chapter;
(B) apply only to launches in which a vehicle will be carrying a human being for compensation or hire;
(C) be limited to restricting or prohibiting design features or operating practices that—
(i) have resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew, government astronauts, or space flight participants during a licensed or permitted commercial human space flight; or
(ii) contributed to an unplanned event or series of events during a licensed or permitted commercial human space flight that posed a high risk of causing a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew, government astronauts, or space flight participants; and
(D) be issued with a description of the instance or instances when the design feature or operating practice being restricted or prohibited contributed to a result or event described in subparagraph (C).
(3)
(4)
(5)
(A)
(B)
(i) any voluntary industry consensus standards that have been accepted by the industry at large;
(ii) the identification of areas that have the potential to become voluntary industry consensus standards that are currently under consideration by the industry at large;
(iii) an assessment from the Secretary on the general progress of the industry in adopting voluntary industry consensus standards;
(iv) any lessons learned about voluntary industry consensus standards, best practices, and commercial space launch operations;
(v) any lessons learned associated with the development, potential application, and acceptance of voluntary industry consensus standards, best practices, and commercial space launch operations; and
(vi) recommendations, findings, or observations from the Commercial Space Transportation Advisory Committee, or its successor organization, on the progress of the industry in developing voluntary industry consensus standards that promote best practices to improve industry safety.
(6)
(7)
(8)
(A) the progress of the commercial space industry in adopting voluntary industry consensus standards as reported by the Secretary in the interim assessments included in the reports under paragraph (5);
(B) the progress of the commercial space industry toward meeting the key industry metrics identified by the report under paragraph (6), including the knowledge and operational experience obtained by the commercial space industry while providing services for compensation or hire; and
(C) whether the areas identified in the reports under paragraph (5) are appropriate for regulatory action, or further development of voluntary industry consensus standards, considering the progress evaluated in subparagraphs (A) and (B) of this paragraph.
(9)
(10)
(d)
(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; Pub. L. 114–55, title I, §102(e), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–90, title I, §§111, 112(l), Nov. 25, 2015, 129 Stat. 709, 713; Pub. L. 118–15, div. B, title II, §2202(k), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(k), Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, §102(k), Mar. 8, 2024, 138 Stat. 22; Pub. L. 118–63, title XI, §1111, May 16, 2024, 138 Stat. 1419.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70105(a) | 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). | ||
| 70105(b)(1) | 49 App.:2607(a)(1). | |
| 70105(b) (2)(A) | 49 App.:2608(b) (2d sentence). | |
| 70105(b) (2)(B) | 49 App.:2607(b). | |
| 70105(b) (2)(C) | 49 App.:2607(a)(2). | |
| 70105(b)(3) | 49 App.:2607(c). | |
| 70105(c) | 49 App.:2608(a) (last sentence). |
In subsection (a), the words "for launching one or more launch vehicles or for operating one or more launch sites, or both" in 49 App.:2606 are omitted as surplus.
In subsection (b)(2)(C), the words "that would otherwise apply to the launch of a launch vehicle or the operation of a launch site" are omitted as surplus. The words "the head of" are added for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
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.
The date of enactment of the SPACE Act of 2015, referred to in subsec. (c)(6), is the date of enactment of title I of Pub. L. 114–90, which was approved Nov. 25, 2015.
Amendments
2024—Subsec. (c)(9). Pub. L. 118–63 substituted "January 1, 2025" for "May 11, 2024".
Pub. L. 118–41 substituted "May 11, 2024" for "March 9, 2024".
2023—Subsec. (c)(9). Pub. L. 118–34 substituted "March 9, 2024" for "January 1, 2024".
Pub. L. 118–15 substituted "January 1, 2024" for "October 1, 2023".
2015—Subsec. (a)(2). Pub. L. 114–90, §112(l)(1), substituted "crew, government astronauts, and space flight participants" for "crews and space flight participants".
Subsec. (b)(2)(D). Pub. L. 114–90, §112(l)(2), substituted "crew, government astronauts, or space flight participants" for "crew or space flight participants".
Subsec. (c)(1). Pub. L. 114–90, §§111(1), 112(l)(3)(A), inserted "
Subsec. (c)(2). Pub. L. 114–90, §111(2), inserted "
Subsec. (c)(2)(C). Pub. L. 114–90, §112(l)(3)(B), substituted "to crew, government astronauts, or space flight participants" for "to crew or space flight participants" in cls. (i) and (ii).
Subsec. (c)(3). Pub. L. 114–90, §111(3), (5), added par. (3) and struck out former par. (3) which read as follows: "Beginning on April 1, 2016, the Secretary may propose regulations under this subsection without regard to paragraph (2)(C) and (D). Any such regulations shall take into consideration the evolving standards of safety in the commercial space flight industry."
Pub. L. 114–55 substituted "April 1, 2016," for "October 1, 2015,".
Subsec. (c)(4). Pub. L. 114–90, §111(5), added par. (4). Former par. (4) redesignated (10).
Subsec. (c)(5) to (9). Pub. L. 114–90, §111(5), added pars. (5) to (9).
Subsec. (c)(10). Pub. L. 114–90, §111(4), (6), redesignated par. (4) as (10) and inserted "
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".
Statutory Notes and Related Subsidiaries
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.
1 See References in Text note below.
§50906. Experimental permits
(a) A person may apply to the Secretary of Transportation for an experimental permit under this section in the form and manner the Secretary prescribes. Consistent with the protection of the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 120 days after receiving an application pursuant to this section, shall issue a permit if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 90 days after receiving an application. The Secretary shall transmit to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 15 days after any occurrence when the Secretary has failed to act on a permit within the deadline established by this section.
(b) In carrying out subsection (a), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel that may be used in conducting commercial space launch or reentry activities pursuant to a permit.
(c) In order to encourage the development of a commercial space flight industry, the Secretary may when issuing permits use the authority granted under section 50905(b)(2)(C).
(d) The Secretary may issue a permit only for reusable suborbital rockets or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit solely for—
(1) research and development to test design concepts, equipment, or operating techniques;
(2) showing compliance with requirements as part of the process for obtaining a license under this chapter; or
(3) crew training for a launch or reentry using the design of the rocket or vehicle for which the permit would be issued.
(e) Permits issued under this section shall—
(1) authorize an unlimited number of launches and reentries for a particular suborbital rocket or suborbital rocket design, or for a particular reusable launch vehicle or reusable launch vehicle design, for the uses described in subsection (d); and
(2) specify the type of modifications that may be made to the suborbital rocket or launch vehicle without changing the design to an extent that would invalidate the permit.
(f) Permits shall not be transferable.
(g) The Secretary may issue a permit under this section notwithstanding any license issued under this chapter. The issuance of a license under this chapter may not invalidate a permit issued under this section.
(h) No person may operate a reusable suborbital rocket or reusable launch vehicle under a permit for carrying any property or human being for compensation or hire.
(i) For the purposes of sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, and 50923 of this chapter—
(1) a permit shall be considered a license;
(2) the holder of a permit shall be considered a licensee;
(3) a vehicle operating under a permit shall be considered to be licensed; and
(4) the issuance of a permit shall be considered licensing.
This subsection shall not be construed to allow the transfer of a permit.
(Added Pub. L. 108–492, §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; Pub. L. 114–90, title I, §104, Nov. 25, 2015, 129 Stat. 706.)
Editorial Notes
Amendments
2015—Subsec. (d). Pub. L. 114–90, §104(1)(A), substituted "or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit" for "that will be launched or reentered" in introductory provisions.
Subsec. (d)(1). Pub. L. 114–90, §104(1)(B), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "research and development to test new design concepts, new equipment, or new operating techniques;".
Subsec. (d)(3). Pub. L. 114–90, §104(1)(C), struck out "prior to obtaining a license" after "crew training" and inserted "or vehicle" after "design of the rocket".
Subsec. (e)(1). Pub. L. 114–90, §104(2)(A), substituted "suborbital rocket or suborbital rocket design, or for a particular reusable launch vehicle or reusable launch vehicle design," for "suborbital rocket design".
Subsec. (e)(2). Pub. L. 114–90, §104(2)(B), inserted "or launch vehicle" after "the suborbital rocket".
Subsec. (g). Pub. L. 114–90, §104(3), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design."
Subsec. (h). Pub. L. 114–90, §104(4), inserted "or reusable launch vehicle" after "suborbital rocket".
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.
Statutory Notes and Related Subsidiaries
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)
(b)
(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; Pub. L. 114–90, title I, §112(m), Nov. 25, 2015, 129 Stat. 713.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70106(a) | 49 App.:2613(a). | Oct. 30, 1984, Pub. L. 98–575, §14, 98 Stat. 3060. |
| 70106(b) | 49 App.:2613(b). |
In subsection (a), the word "duties" is substituted for "responsibilities" for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments
2015—Subsec. (a). Pub. L. 114–90 substituted "at a site not owned or operated by the Federal Government or a foreign government used for crew, government astronaut, or space flight participant training" for "at a site used for crew or space flight participant training".
2010—Pub. L. 111–314, §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)
(b)
(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)
(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)
(2) Any suspension imposed under this subsection shall be for as brief a period as possible and, in any event, shall cease when the Secretary—
(A) has determined that the licensee has taken sufficient steps to reduce the likelihood of a recurrence of the serious or fatal injury; or
(B) has modified the license pursuant to subsection (b) to sufficiently reduce the likelihood of a recurrence of the serious or fatal injury.
(3) This subsection shall not apply to permits.
(e)
(f)
(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; Pub. L. 114–90, title I, §112(n), Nov. 25, 2015, 129 Stat. 713.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70107(a) | 49 App.:2606 (last sentence). | Oct. 30, 1984, Pub. L. 98–575, §§7 (last sentence), 10, 98 Stat. 3058, 3059. |
| 70107(b) | 49 App.:2609(b). | |
| 70107(c) | 49 App.:2609(a). | |
| 70107(d) | 49 App.:2609(c). | |
| 70107(e) | 49 App.:2609(d). |
In subsection (a), the words "of time" and "in accordance with regulations issued under this chapter" are omitted as surplus.
In subsection (b), the words "the requirements of" are omitted as surplus.
In subsection (e), the words "Whenever the Secretary takes any action" are omitted as surplus.
Editorial Notes
Amendments
2015—Subsec. (d)(1). Pub. L. 114–90 substituted "to any human being" for "to crew or space flight participants" in two places.
2010—Pub. L. 111–314, §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)
(b)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70108(a) | 49 App.:2610(a). | Oct. 30, 1984, Pub. L. 98–575, §11, 98 Stat. 3059. |
| 70108(b) | 49 App.:2610(b). |
Editorial Notes
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)
(b)
(c)
(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.)
| 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). | |
| 70109(c) | 49 App.:2614(b)(4)(B). |
Editorial Notes
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)
(1) issue or transfer a license under this chapter; or
(2) waive the license requirements of this chapter.
(b)
(c)
(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.)
Editorial Notes
Amendments
2010—Pub. L. 111–314 successively renumbered section 70109a of title 49 and section 70109a of this title as this section.
Statutory Notes and Related Subsidiaries
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 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)
(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)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70110(a)(1) | 49 App.:2611(a)(1) (1st sentence). | Oct. 30, 1984, Pub. L. 98–575, §12, 98 Stat. 3060. |
| 70110(a)(2) | 49 App.:2611(a)(1) (last sentence). | |
| 70110(a)(3) | 49 App.:2611(a)(2). | |
| 70110(b) | 49 App.:2611(b). |
In subsection (a), before clause (1), the words "The Secretary of Transportation shall provide an opportunity for a hearing on the record to" are substituted for "shall be entitled to a determination on the record after an opportunity for a hearing" for consistency in the revised title. The words "in accordance with section 554 of title 5" are omitted for consistency and because 5:554 applies to a hearing on the record unless otherwise stated. In clause (1), the words "and a proposed transferee of a license" are omitted as being included in "applicant".
In subsection (b), the words "to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify a license or to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary or to prevent the launch of a payload" are omitted as surplus.
Editorial Notes
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.
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)
(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)
(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)
(d)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70111(a) | 49 App.:2614(a). | 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. |
| 70111(b) | 49 App.:2614(b)(1). | 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. |
| 70111(c) | 49 App.:2614(b)(2), (3). | Oct. 30, 1984, Pub. L. 98–575, §15(b)(2), (3), 98 Stat. 3061. |
| 70111(d) | 49 App.:2614(d). | 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.
Editorial Notes
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".
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)
(A) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out under the license; and
(B) the United States Government against a person for damage or loss to Government property resulting from an activity carried out under the license.
(2) The Secretary of Transportation shall determine the amounts required under paragraph (1)(A) and (B) of this subsection, after consulting with the Administrator of the National Aeronautics and Space Administration, the Secretary of the Air Force, and the heads of other appropriate executive agencies.
(3) For the total claims related to one launch or reentry, a licensee or transferee is not required to obtain insurance or demonstrate financial responsibility of more than—
(A)(i) $500,000,000 under paragraph (1)(A) of this subsection; or
(ii) $100,000,000 under paragraph (1)(B) of this subsection; or
(B) the maximum liability insurance available on the world market at reasonable cost if the amount is less than the applicable amount in clause (A)(i) or (ii) of this paragraph.
(4) An insurance policy or demonstration of financial responsibility under this subsection shall protect the following, to the extent of their potential liability for involvement in launch services or reentry services, at no cost to the Government:
(A) the Government.
(B) executive agencies and personnel, contractors, and subcontractors of the Government.
(C) contractors, subcontractors, and customers of the licensee or transferee.
(D) contractors and subcontractors of the customer.
(E) space flight participants.
(5) Subparagraph (E) of paragraph (4) ceases to be effective September 30, 2025.
(b)
(B) In this paragraph, the term "applicable parties" means—
(i) contractors, subcontractors, and customers of the licensee or transferee;
(ii) contractors and subcontractors of the customers; and
(iii) space flight participants.
(C) Clause (iii) of subparagraph (B) ceases to be effective September 30, 2025.
(2) The Secretary of Transportation shall make, for the Government, executive agencies of the Government involved in launch services or reentry services, and contractors and subcontractors involved in launch services or reentry services, a reciprocal waiver of claims with the licensee or transferee, contractors, subcontractors, crew, space flight participants, and customers of the licensee or transferee, and contractors and subcontractors of the customers, involved in launch services or reentry services under which each party to the waiver agrees to be responsible for property damage or loss it sustains, or for personal injury to, death of, or property damage or loss sustained by its own employees or by space flight participants, resulting from an activity carried out under the applicable license. The waiver applies only to the extent that claims are more than the amount of insurance or demonstration of financial responsibility required under subsection (a)(1)(B) of this section. After consulting with the Administrator and the Secretary of the Air Force, the Secretary of Transportation may waive, for the Government and a department, agency, and instrumentality of the Government, the right to recover damages for damage or loss to Government property to the extent insurance is not available because of a policy exclusion the Secretary of Transportation decides is usual for the type of insurance involved.
(c)
(d)
(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)
(f)
(g)
(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; Pub. L. 114–90, title I, §§103(a)(1), 106, 107, Nov. 25, 2015, 129 Stat. 706, 707.)
| 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) | 49 App.:2615(a)(1)(A) (last sentence), (B) (last sentence). | |
| 70112(a)(4) | 49 App.:2615(a)(2). | |
| 70112(b)(1) | 49 App.:2615(a)(1)(C). | |
| 70112(b)(2) | 49 App.:2615(a)(1)(D). | |
| 70112(c) | 49 App.:2615(a)(3) (1st, 2d sentences). | |
| 70112(d)(1) | 49 App.:2615(a)(3) (last sentence). | |
| 70112(d)(2) | 49 App.:2615(a)(4). | |
| 70112(e) | 49 App.:2614(c). | Oct. 30, 1984, Pub. L. 98–575, §15(c), 98 Stat. 3061; restated Nov. 15, 1988, Pub. L. 100–657, §5(b), 102 Stat. 3905. |
| 70112(f) | 49 App.:2615(c). |
In subsection (a), the word "particular" is omitted as surplus.
In subsection (a)(1), before clause (A), the word "sufficient" is omitted as surplus. In clauses (A) and (B), the words "in connection with any particular launch" are omitted as surplus.
In subsection (a)(4), before clause (A), the words "made . . . a requirement described in" are omitted as surplus.
In subsection (b)(2), the words "department, agency, and instrumentality of the Government" are substituted for "Federal agency" for consistency in the revised title and with other titles of the United States Code.
In subsection (d)(2), the words "if appropriate" are omitted as surplus.
In subsection (f), the words "department, agency, or instrumentality of the Government" are substituted for "Federal agency or department" for consistency in the revised title and with other titles of the Code. The words "insurance proceeds or . . . other" and "proceeds or other" are omitted as surplus.
Pub. L. 104–287, §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).
Editorial Notes
Amendments
2015—Subsec. (a)(4)(E). Pub. L. 114–90, §103(a)(1)(A), added subpar. (E).
Subsec. (a)(5). Pub. L. 114–90, §103(a)(1)(B), added par. (5).
Subsec. (b)(1). Pub. L. 114–90, §107, amended par. (1) generally. Prior to amendment, par. (1) read as follows: "A launch or reentry license issued or transferred under this chapter shall contain a provision requiring the licensee or transferee to make a reciprocal waiver of claims with its contractors, subcontractors, and customers, and contractors and subcontractors of the customers, involved in launch services or reentry services under which each party to the waiver agrees to be responsible for property damage or loss it sustains, or for personal injury to, death of, or property damage or loss sustained by its own employees resulting from an activity carried out under the applicable license."
Subsec. (g). Pub. L. 114–90, §106, added subsec. (g).
2010—Pub. L. 111–314 successively renumbered section 70112 of title 49 and section 70112 of this title as this section.
2004—Subsec. (b)(2). Pub. L. 108–492 inserted "crew, space flight participants," after "transferee, contractors, subcontractors," and "or by space flight participants," after "its own employees".
1998—Subsec. (a)(1). Pub. L. 105–303, §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".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Effective Date of 1996 Amendment
Amendment by section 5(93) of Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of Title 49, Transportation.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 2nd item on page 133 identifies a reporting provision which, as subsequently amended, is contained in subsec. (d)(1) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
§50915. Paying claims exceeding liability insurance and financial responsibility requirements
(a)
(A) is more than the amount of insurance or demonstration of financial responsibility required under section 50914(a)(1)(A) of this title; and
(B) is not more than $1,500,000,000 (plus additional amounts necessary to reflect inflation occurring after January 1, 1989) above that insurance or financial responsibility amount.
(2) The Secretary may not provide for paying a part of a claim for which death, bodily injury, or property damage or loss results from willful misconduct by the licensee or transferee. To the extent insurance required under section 50914(a)(1)(A) of this title is not available to cover a successful third party liability claim because of an insurance policy exclusion the Secretary decides is usual for the type of insurance involved, the Secretary may provide for paying the excluded claims without regard to the limitation contained in section 50914(a)(1).
(3)(A) A person described in this subparagraph is—
(i) a licensee or transferee under this chapter;
(ii) a contractor, subcontractor, or customer of the licensee or transferee;
(iii) a contractor or subcontractor of a customer; or
(iv) a space flight participant.
(B) Clause (iv) of subparagraph (A) ceases to be effective September 30, 2025.
(b)
(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)
(d)
(A) survey the causes and extent of damage; and
(B) submit expeditiously to Congress a report on the results of the survey.
(2) Not later than 90 days after a court determination indicates that the liability for the total of claims related to one launch or reentry may be more than the required amount of insurance or demonstration of financial responsibility, the President, on the recommendation of the Secretary, shall submit to Congress a compensation plan that—
(A) outlines the total dollar value of the claims;
(B) recommends sources of amounts to pay for the claims;
(C) includes legislative language required to carry out the plan if additional legislative authority is required; and
(D) for a single event or incident, may not be for more than $1,500,000,000.
(3) A compensation plan submitted to Congress under paragraph (2) of this subsection shall—
(A) have an identification number; and
(B) be submitted to the Senate and the House of Representatives on the same day and when the Senate and House are in session.
(e)
(A) means a joint resolution of Congress the matter after the resolving clause of which is as follows: "That the Congress approves the compensation plan numbered __________ submitted to the Congress on __________ XX, 20____.", with the blank spaces being filled appropriately; but
(B) does not include a resolution that includes more than one compensation plan.
(2) The Senate shall consider under this subsection a compensation plan requiring additional appropriations or legislative authority not later than 60 calendar days of continuous session of Congress after the date on which the plan is submitted to Congress.
(3) A resolution introduced in the Senate shall be referred immediately to a committee by the President of the Senate. All resolutions related to the same plan shall be referred to the same committee.
(4)(A) If the committee of the Senate to which a resolution has been referred does not report the resolution within 20 calendar days after it is referred, a motion is in order to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of the plan.
(B) A motion to discharge may be made only by an individual favoring the resolution and is highly privileged (except that the motion may not be made after the committee has reported a resolution on the plan). Debate on the motion is limited to one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order. A motion to reconsider the vote by which the motion is agreed to or disagreed to is not in order.
(C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed and another motion to discharge the committee from another resolution on the same plan may not be made.
(5)(A) After a committee of the Senate reports, or is discharged from further consideration of, a resolution, a motion to proceed to the consideration of the resolution is in order at any time, even though a similar previous motion has been disagreed to. The motion is highly privileged and is not debatable. An amendment to the motion is not in order. A motion to reconsider the vote by which the motion is agreed to or disagreed to is not in order.
(B) Debate on the resolution referred to in subparagraph (A) of this paragraph is limited to not more than 10 hours, to be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.
(6) The following shall be decided in the Senate without debate:
(A) a motion to postpone related to the discharge from committee.
(B) a motion to postpone consideration of a resolution.
(C) a motion to proceed to the consideration of other business.
(D) an appeal from a decision of the chair related to the application of the rules of the Senate to the procedures related to a resolution.
(f)
(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; Pub. L. 114–90, title I, §§102(d), 103(a)(2), Nov. 25, 2015, 129 Stat. 706.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70113(a) | 49 App.:2615(b)(1). | Oct. 30, 1984, Pub. L. 98–575, §16(b)(1)–(4), 98 Stat. 3061; restated Nov. 15, 1988, Pub. L. 100–657, §5(a), 102 Stat. 3903. |
| 70113(b) | 49 App.:2615(b)(2). | |
| 70113(c) | 49 App.:2615(b)(3). | |
| 70113(d)(1) | 49 App.:2615(b)(4)(A). | |
| 70113(d)(2) | 49 App.:2615(b)(4)(B). | |
| 70113(d)(3) | 49 App.:2615(b)(4)(C). | |
| 70113(e)(1) | 49 App.:2615(b) (4)(D)(i), (iii). | |
| 70113(e)(2) | 49 App.:2615(b) (4)(D)(ii). | |
| 70113(e)(3) | 49 App.:2615(b) (4)(D)(iv). | |
| 70113(e)(4) | 49 App.:2615(b) (4)(D)(v). | |
| 70113(e)(5) | 49 App.:2615(b) (4)(D)(vi). | |
| 70113(e)(6) | 49 App.:2615(b) (4)(D)(vii). | |
| 70113(f) | 49 App.:2615(b)(5). | Oct. 30, 1984, Pub. L. 98–575, §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).
Editorial Notes
Amendments
2015—Subsec. (a)(1). Pub. L. 114–90, §103(a)(2)(A), in introductory provisions, substituted "a person described in paragraph (3)(A)" for "a licensee or transferee under this chapter, a contractor, subcontractor, or customer of the licensee or transferee, or a contractor or subcontractor of a customer, but not against a space flight participant,".
Subsec. (a)(3). Pub. L. 114–90, §103(a)(2)(B), added par. (3).
Subsec. (f). Pub. L. 114–90, §102(d), substituted "September 30, 2025" for "December 31, 2016".
2014—Subsec. (f). Pub. L. 113–76 substituted "December 31, 2016" for "December 31, 2013".
2013—Subsec. (f). Pub. L. 112–273 substituted "December 31, 2013" for "December 31, 2012".
2010—Pub. L. 111–314, §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 "20____" for "19____".
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".
1996—Subsec. (e)(6)(D). Pub. L. 104–287 substituted "related to a resolution" for "related to resolution".
Statutory Notes and Related Subsidiaries
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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70114 | 49 App.:2608(c). | Oct. 30, 1984, Pub. L. 98–575, §9(c), 98 Stat. 3059. |
The words "data or" are omitted as surplus. The words "the head of" and "executive" are added for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
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)
(b)
(A) conduct investigations and inquiries;
(B) administer oaths;
(C) take affidavits; and
(D) under lawful process—
(i) enter at a reasonable time a launch site, reentry site, production facility, assembly site of a launch vehicle or reentry vehicle, crew or space flight participant training site, or site at which a payload is integrated with a launch vehicle or reentry vehicle to inspect an object to which this chapter applies or a record or report the Secretary requires be made or kept under this chapter; and
(ii) seize the object, record, or report when there is probable cause to believe the object, record, or report was used, is being used, or likely will be used in violation of this chapter.
(2) The Secretary may delegate a duty or power under this chapter related to enforcement to an officer or employee of another executive agency with the consent of the head of the agency.
(c)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70115(a) | 49 App.:2617. | Oct. 30, 1984, Pub. L. 98–575, §§17–19, 98 Stat. 3061. |
| 70115(b)(1) | 49 App.:2616(b). | |
| 70115(b)(2) | 49 App.:2616(a). | |
| 70115(c)(1) | 49 App.:2618(a) (1st, 2d sentences). | |
| 70115(c)(2) | 49 App.:2618(c). | |
| 70115(c)(3) | 49 App.:2618(a) (3d, last sentences). | |
| 70115(c)(4) | 49 App.:2618(b). |
In subsection (a), the words "a requirement of" are omitted as surplus. The word "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the United States Code. The words "condition, or restriction" are omitted as surplus.
In subsection (b)(1)(A)–(C), the words "concerning any matter relating to enforcement of this chapter" are omitted as surplus.
In subsection (b)(1)(B) and (C), the words "from any person" are omitted as surplus.
In subsection (b)(1)(B), the word "affirmation" is omitted because of 1:1.
In subsection (b)(2), the text of 49 App.:2616(a) (1st sentence) is omitted as surplus because the Secretary of Transportation enforces programs the Secretary carries out unless otherwise provided. The words "the exercise of" are omitted as surplus. The words "duty or power" are substituted for "authority" for consistency in the revised title and with other titles of the Code. The words "to any officer or employee of the Department of Transportation" are omitted as surplus because of 49:322(b).
In subsection (c)(1), the words "in accordance with section 554 of title 5" are omitted for consistency in the revised title and because 5:554 applies to a hearing on the record unless otherwise stated. The words "for each violation" are omitted as surplus.
In subsection (c)(2), the words "relevant papers, books, documents, and other" are omitted as surplus. The words "(3) administer oaths and affirmatives" are omitted as surplus because of subsection (b)(1)(B) of this section.
In subsection (c)(3), the word "impose" is substituted for "assessed" for consistency in the revised title and with other titles of the Code. The words "amount of such" and "modify . . . with or without conditions" are omitted as surplus.
Subsection (c)(4) is substituted for 49 App.:2618(b) to eliminate unnecessary words.
Editorial Notes
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)
(b)
(c)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70116(a) | 49 App.:2619(a). | Oct. 30, 1984, Pub. L. 98–575, §20, 98 Stat. 3062. |
| 70116(b) | 49 App.:2619(b). | |
| 70116(c) | 49 App.:2604(a)(2). | 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.
Editorial Notes
Amendments
2010—Pub. L. 111–314 successively renumbered section 70116 of title 49 and section 70116 of this title as this section.
Statutory Notes and Related Subsidiaries
Streamline Commercial Space Launch Activities
Pub. L. 114–92, div. A, title XVI, §1617, Nov. 25, 2015, 129 Stat. 1106, as amended by Pub. L. 115–232, div. A, title XVI, §1606, Aug. 13, 2018, 132 Stat. 2107, provided that:
"(a)
"(b)
"(1) promote commercial space launches and reentries by the private sector;
"(2) facilitate Government, State, and private sector involvement in enhancing United States launch sites and facilities;
"(3) protect public health and safety, safety of property, national security interests, and foreign policy interests of the United States; and
"(4) consult with the head of another executive agency, including the Secretary of Defense or the Administrator of the National Aeronautics and Space Administration, as necessary to provide consistent application of licensing requirements under chapter 509 of title 51, United States Code.
"(c)
"(1)
"(A) to identify all requirements that are imposed to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States relevant to any commercial launch of a launch vehicle or commercial reentry of a reentry vehicle; and
"(B) to evaluate the requirements identified in subparagraph (A) and, in coordination with the licensee or transferee and the heads of the relevant executive agencies—
"(i) determine whether the satisfaction of a requirement of one agency could result in the satisfaction of a requirement of another agency; and
"(ii) resolve any inconsistencies and remove any outmoded or duplicative requirements or approvals of the Federal Government relevant to any commercial launch of a launch vehicle or commercial reentry of a reentry vehicle.
"(2)
"(A)
"(B)
"(i) the Secretary determines that imposing a requirement described in that subparagraph is necessary to avoid negative consequences for the national security space program; and
"(ii) the Secretary notifies the Secretary of Transportation of such determination before making such waiver.
"(3)
"(A) A description of the process for the application for and approval of a permit or license under chapter 509 of title 51, United States Code, for the commercial launch of a launch vehicle or commercial reentry of a reentry vehicle, including the identification of—
"(i) any unique requirements for operating on a United States Government launch site, reentry site, or launch property; and
"(ii) any inconsistent, outmoded, or duplicative requirements or approvals.
"(B) A description of current efforts, if any, to coordinate and work across executive agencies to define interagency processes and procedures for sharing information, avoiding duplication of effort, and resolving common agency requirements.
"(C) Recommendations for legislation that may further—
"(i) streamline requirements in order to improve efficiency, reduce unnecessary costs, resolve inconsistencies, remove duplication, and minimize unwarranted constraints; and
"(ii) consolidate or modify requirements across affected agencies into a single application set that satisfies the requirements identified in paragraph (1)(A).
"(4)
"(A) any applicable definitions set forth in section 50902 of title 51, United States Code, shall apply;
"(B) the term 'appropriate congressional committees' means—
"(i) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives];
"(ii) the Committee on Commerce, Science, and Transportation of the Senate;
"(iii) the Committee on Science, Space, and Technology of the House of Representatives; and
"(iv) the Committee on Transportation and Infrastructure of the House of Representatives;
"(C) the terms 'launch', 'reenter', and 'reentry' include landing of a launch vehicle or reentry vehicle; and
"(D) the terms 'United States Government launch site' and 'United States Government reentry site' include any necessary facility, at that location, that is commercially operated on United States Government property.
"(d)
Substantially identical provisions were contained in the following act:
Pub. L. 114–90, title I, §113, Nov. 25, 2015, 129 Stat. 714.
§50919. Relationship to other executive agencies, laws, and international obligations
(a)
(b)
(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)
(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)
(e)
(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)
(g)
(1)
(A) a launch, reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site, or other space activity the Government carries out for the Government; or
(B) planning or policies related to the launch, reentry, operation, or activity under subparagraph (A).
(2)
(A) A government astronaut being carried within a launch vehicle or reentry vehicle under this chapter.
(B) A government astronaut performing activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle under this chapter.
(Pub. L. 103–272, §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; Pub. L. 114–90, title I, §112(o), Nov. 25, 2015, 129 Stat. 713.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70117(a) | 49 App.:2605(c)(1). | Oct. 30, 1984, Pub. L. 98–575, §§6(c), 21, 98 Stat. 3058, 3063. |
| 70117(b) | 49 App.:2605(c)(2). | |
| 70117(c) | 49 App.:2620(a) (1st, 2d sentences). | |
| 70117(d) | 49 App.:2620(a) (last sentence). | |
| 70117(e) | 49 App.:2620(d). | |
| 70117(f) | 49 App.:2620(b). | |
| 70117(g) | 49 App.:2620(c). |
In subsection (e)(1), the words "government of a foreign country" are substituted for "foreign nation" for consistency in the revised title and with other titles of the United States Code.
Pub. L. 104–287
This amends 49:70117(b)(2) by updating a cross-reference. Section 4 of the Land Remote Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4166) repealed the Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et seq.). The substantive provisions of the Land Remote Sensing Policy Act of 1992, which replaced the Land Remote-Sensing Commercialization Act of 1984, were classified to the United States Code at 15 U.S.C. 5601 et seq.
Editorial Notes
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
2015—Subsec. (g). Pub. L. 114–90 amended subsec. (g) generally. Prior to amendment, text read as follows: "This chapter does not apply to—
"(1) a launch, reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site, or other space activity the Government carries out for the Government; or
"(2) planning or policies related to the launch, reentry, operation, or activity."
2010—Pub. L. 111–314, §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.)".
§50920. User fees
The Secretary of Transportation may collect a user fee for a regulatory or other service conducted under this chapter only if specifically authorized by this chapter.
(Pub. L. 103–272, §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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70118 | 49 App.:2623 (last sentence). | 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. |
Editorial Notes
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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70119 | 49 App.:2623 (less last sentence). | 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. |
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.
Editorial Notes
Amendments
2010—Pub. L. 111–314 successively renumbered section 70119 of title 49 and section 70119 of this title as this section.
2004—Pars. (1) to (5). Pub. L. 108–360 added pars. (1) to (5) and struck out former pars. (1) and (2) which read as follows:
"(1) $12,607,000 for fiscal year 2001; and
"(2) $16,478,000 for fiscal year 2002."
2000—Pub. L. 106–405 amended section catchline and text generally. Prior to amendment, text read as follows: "There are authorized to be appropriated to the Secretary of Transportation for the activities of the Office of the Associate Administrator for Commercial Space Transportation—
"(1) $6,275,000 for the fiscal year ending September 30, 1999; and
"(2) $6,600,000 for the fiscal year ending September 30, 2000."
1998—Pub. L. 105–303 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "The following amounts may be appropriated to the Secretary of Transportation for the fiscal year ending September 30, 1993:
"(1) $4,900,000 to carry out this chapter.
"(2) $20,000,000 for a program to ensure the resiliency of the space launch infrastructure of the United States if a law is enacted to establish that program in the Department of Transportation."
§50922. Regulations
(a)
(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)
(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)
(2)(A) Starting 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary may issue final regulations changing the definition of suborbital rocket under this chapter. No such regulation may take effect until 180 days after the Secretary has submitted the regulation to the Congress.
(B) The Secretary may issue regulations under this paragraph only if the Secretary has determined that the definition in section 50902 does not describe, or will not continue to describe, all appropriate vehicles and only those vehicles. In making that determination, the Secretary shall take into account the evolving nature of the commercial space launch industry.
(d)
(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.)
Editorial Notes
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 I, §102(a)(16), Oct. 28, 1998, 112 Stat. 2851, §70121 of title 49; renumbered §70121 then §50923 of title 51, Pub. L. 111–314, §4(d)(2), (3)(W), Dec. 18, 2010, 124 Stat. 3440, 3441.)
Editorial Notes
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
Editorial Notes
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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70301 | 15:5804(a). | 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 Transportation is used the first time the term appears in a section.
Editorial Notes
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)
(b)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70302(a) | 15:5804(b) (1st sentence). | Nov. 4, 1992, Pub. L. 102–588, §505(b) (1st sentence), (f), 106 Stat. 5125, 5127. |
| 70302(b) | 15:5804(f). |
In subsection (a), the words "of the United States" are substituted for "Nation's" for consistency.
Editorial Notes
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)
(b)
(A) the contribution of the project to industry capabilities that serve the United States Government's space transportation needs;
(B) the extent of industry's financial contribution to the project;
(C) the extent of industry's participation in the project;
(D) the positive impact of the project on the international competitiveness of the United States space transportation industry;
(E) the extent of State contributions to the project; and
(F) the impact of the project on launch operations and other activities at Government launch ranges.
(2) The Secretary of Transportation shall consult with the Secretary of Defense, the Administrator of the National Space and Aeronautics Administration, and the heads of other appropriate agencies of the Government about paragraph (1)(A) and (F) of this subsection.
(c)
(1) the project will contribute to the purposes of this chapter;
(2) the project is reasonably consistent with plans (existing at the time of approval of the project) of public agencies that are—
(A) authorized by the State in which the project is located; and
(B) responsible for the development of the area surrounding the project site;
(3) if the application proposes to use Government property, the specific consent of the head of the appropriate agency has been obtained;
(4) the project will be completed without unreasonable delay;
(5) the sponsor submitting the application has the legal authority to engage in the project; and
(6) any additional requirements prescribed by the Secretary have been met.
(d)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70303(a) | 15:5804(d)(1). | Nov. 4, 1992, Pub. L. 102–588, §505(c), (d), 106 Stat. 5125. |
| 70303(b)(1) | 15:5804(c)(1). | |
| 70303(b)(2) | 15:5804(c)(2). | |
| 70303(c) | 15:5804(d)(2). | |
| 70303(d) | 15:5804(c)(3). |
In subsection (a), the words "for one or more projects" are omitted as unnecessary because of the definition of "project" in section 70301 of the revised title.
In subsection (c)(5), the words "as proposed" are omitted as surplus.
Editorial Notes
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)
(b)
(c)
(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)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70304 | 15:5804(e). | 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 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.
Editorial Notes
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.
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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70305 | 15:5804(b) (2d, last sentences). | Nov. 4, 1992, Pub. L. 102–588, §505(b) (2d, last sentences), 106 Stat. 5125. |
Editorial Notes
Amendments
2010—Pub. L. 111–314 successively renumbered section 70305 of title 49 and section 70305 of this title as this section.
CHAPTER 513—SPACE RESOURCE COMMERCIAL EXPLORATION AND UTILIZATION
Editorial Notes
Amendments
2015—Pub. L. 114–90, title IV, §402(a), Nov. 25, 2015, 129 Stat. 720, added chapter 513 and items 51301 to 51303.
§51301. Definitions
In this chapter:
(1)
(2)
(A)
(B)
(3)
(Added Pub. L. 114–90, title IV, §402(a), Nov. 25, 2015, 129 Stat. 721.)
§51302. Commercial exploration and commercial recovery
(a)
(1) facilitate commercial exploration for and commercial recovery of space resources by United States citizens;
(2) discourage government barriers to the development in the United States of economically viable, safe, and stable industries for commercial exploration for and commercial recovery of space resources in manners consistent with the international obligations of the United States; and
(3) promote the right of United States citizens to engage in commercial exploration for and commercial recovery of space resources free from harmful interference, in accordance with the international obligations of the United States and subject to authorization and continuing supervision by the Federal Government.
(b)
(1) the authorities necessary to meet the international obligations of the United States, including authorization and continuing supervision by the Federal Government; and
(2) recommendations for the allocation of responsibilities among Federal agencies for the activities described in paragraph (1).
(Added Pub. L. 114–90, title IV, §402(a), Nov. 25, 2015, 129 Stat. 721.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 114–90, which was approved Nov. 25, 2015.
Executive Documents
Ex. Ord. No. 13914. Encouraging International Support for the Recovery and Use of Space Resources
Ex. Ord. No. 13914, Apr. 6, 2020, 85 F.R. 20381, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including title IV of the U.S. Commercial Space Launch Competitiveness Act (Public Law 114–90) [enacting this chapter], it is hereby ordered as follows:
Uncertainty regarding the right to recover and use space resources, including the extension of the right to commercial recovery and use of lunar resources, however, has discouraged some commercial entities from participating in this enterprise. Questions as to whether the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the "Moon Agreement") establishes the legal framework for nation states concerning the recovery and use of space resources have deepened this uncertainty, particularly because the United States has neither signed nor ratified the Moon Agreement. In fact, only 18 countries have ratified the Moon Agreement, including just 17 of the 95 Member States of the United Nations Committee on the Peaceful Uses of Outer Space. Moreover, differences between the Moon Agreement and the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies—which the United States and 108 other countries have joined—also contribute to uncertainty regarding the right to recover and use space resources.
Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law. Outer space is a legally and physically unique domain of human activity, and the United States does not view it as a global commons. Accordingly, it shall be the policy of the United States to encourage international support for the public and private recovery and use of resources in outer space, consistent with applicable law.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
§51303. Asteroid resource and space resource rights
A United States citizen engaged in commercial recovery of an asteroid resource or a space resource under this chapter shall be entitled to any asteroid resource or space resource obtained, including to possess, own, transport, use, and sell the asteroid resource or space resource obtained in accordance with applicable law, including the international obligations of the United States.
(Added Pub. L. 114–90, title IV, §402(a), Nov. 25, 2015, 129 Stat. 721.)
CHAPTER 515—OFFICE OF SPACEPORTS
Editorial Notes
Amendments
2018—Pub. L. 115–254, div. B, title V, §580(b)(1), Oct. 5, 2018, 132 Stat. 3395, added chapter 515 and item 51501.
§51501. Establishment of Office of Spaceports
(a)
(b)
(1) support licensing activities for operation of launch and reentry sites;
(2) develop policies that promote infrastructure improvements at spaceports;
(3) provide technical assistance and guidance to spaceports;
(4) promote United States spaceports within the Department; and
(5) strengthen the Nation's competitiveness in commercial space transportation infrastructure and increase resilience for the Federal Government and commercial customers.
(c)
(1) launches to or reentries from orbit; and
(2) are involved in suborbital launch activities.
(d)
(e)
(Added Pub. L. 115–254, div. B, title V, §580(b)(1), Oct. 5, 2018, 132 Stat. 3395.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.
Subtitle VI—Earth Observations
CHAPTER 601—LAND REMOTE SENSING POLICY
SUBCHAPTER I—GENERAL
SUBCHAPTER II—LANDSAT
SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS
SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND DEMONSTRATION
SUBCHAPTER V—GENERAL PROVISIONS
SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES
Editorial Notes
Amendments
2015—Pub. L. 114–90, title II, §201(b), Nov. 25, 2015, 129 Stat. 719, added item 60126.
SUBCHAPTER I—GENERAL
§60101. Definitions
In this chapter:
(1)
(2)
(A) sufficiently consistent (in terms of acquisition geometry, coverage characteristics, and spectral characteristics) with previous Landsat data to allow comparisons for global and regional change detection and characterization; and
(B) compatible with such data and with methods used to receive and process such data.
(3)
(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)
(5)
(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)
(7)
(8)
(9)
(10)
(A) such data shall not be used in connection with any bid for a commercial contract, development of a commercial product, or any other non-United States Government activity that is expected, or has the potential, to be profitmaking;
(B) the results of such activities are disclosed in a timely and complete fashion in the open technical literature or other method of public release, except when such disclosure by the United States Government or its contractors would adversely affect the national security or foreign policy of the United States or violate a provision of law or regulation; and
(C) such data shall not be distributed in competition with unenhanced data provided by the Landsat 6 contractor.
(11)
(12)
(13)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60101 | 15 U.S.C. 5602. | 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.
Statutory Notes and Related Subsidiaries
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, 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.]
SUBCHAPTER II—LANDSAT
§60111. Landsat Program Management
(a)
(b)
(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)
(1) Landsat 7 procurement, launch, and operations;
(2) ensuring that the operation of the Landsat system is responsive to the broad interests of the civilian, national security, commercial, and foreign users of the Landsat system;
(3) ensuring that all unenhanced Landsat data remain unclassified and that, except as provided in subsections (a) and (b) of section 60146 of this title, no restrictions are placed on the availability of unenhanced data;
(4) ensuring that land remote sensing data of high priority locations will be acquired by the Landsat 7 system as required to meet the needs of the United States Global Change Research Program, as established in the Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.), and to meet the needs of national security users;
(5) Landsat data responsibilities pursuant to this chapter;
(6) oversight of Landsat contracts entered into under sections 102 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)
(e)
(1)
(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)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60111 | 15 U.S.C. 5611. | 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.
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.
1 See References in Text note below.
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60112 | 15 U.S.C. 5614. | Pub. L. 102–555, title I, §104, Oct. 28, 1992, 106 Stat. 4170. |
§60113. Data policy for Landsat 7
(a)
(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)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60113 | 15 U.S.C. 5615(a), (b). | 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)
(1)
(2)
(b)
(1)
(2)
(c)
(d)
(e)
(1)
(2)
(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)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3413.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60121 | 15 U.S.C. 5621. | 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. |
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.
Statutory Notes and Related Subsidiaries
Prohibition on Collection and Release of Detailed Satellite Imagery Relating to Israel
Pub. L. 104–201, div. A, title X, §1064, Sept. 23, 1996, 110 Stat. 2653, provided that:
"(a)
"(b)
§60122. Conditions for operation
(a)
(b)
(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)
(1) notify the Secretary of any value added activities (as defined by the Secretary by regulation) that will be conducted by the Landsat 6 contractor or by a subsidiary or affiliate; and
(2) if such activities are to be conducted, provide the Secretary with a plan for compliance with section 60141 of this title.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3415.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60122 | 15 U.S.C. 5622. | Pub. L. 102–555, title II, §202, Oct. 28, 1992, 106 Stat. 4172; Pub. L. 105–303, title I, §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)
(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)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3415.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60123 | 15 U.S.C. 5623. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60124 | 15 U.S.C. 5624. | Pub. L. 102–555, title II, §204, Oct. 28, 1992, 106 Stat. 4173. |
§60125. Agency activities
(a)
(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)
(c)
(d)
(e)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3416.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60125 | 15 U.S.C. 5625. | Pub. L. 102–555, title II, §205, Oct. 28, 1992, 106 Stat. 4173. |
Editorial Notes
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.
§60126. Annual reports
(a)
(1) the Secretary's implementation of section 60121, including—
(A) a list of all applications received in the previous calendar year;
(B) a list of all applications that resulted in a license under section 60121;
(C) a list of all applications denied and an explanation of why each application was denied, including any information relevant to the interagency adjudication process of a licensing request;
(D) a list of all applications that required additional information; and
(E) a list of all applications whose disposition exceeded the 120 day deadline established in section 60121(c), the total days overdue for each application that exceeded such deadline, and an explanation for the delay;
(2) all notifications and information provided to the Secretary under section 60122; and
(3) a description of all actions taken by the Secretary under the administrative authority granted by paragraphs (4), (5), and (6) of section 60123(a).
(b)
(c)
(Added Pub. L. 114–90, title II, §201(a), Nov. 25, 2015, 129 Stat. 719.)
Editorial Notes
References in Text
The date of enactment of the U.S. Commercial Space Launch Competitiveness Act, referred to in subsec. (a), is the date of enactment of Pub. L. 114–90, which was approved Nov. 25, 2015.
SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND DEMONSTRATION
§60131. Continued Federal research and development
(a)
(1)
(2)
(A) conduct experimental space remote sensing programs (including applications demonstration programs and basic research at universities);
(B) develop remote sensing technologies and techniques, including those needed for monitoring the Earth and its environment; and
(C) conduct such research and development in cooperation with other United States Government agencies and with public and private research entities (including private industry, universities, non-profit organizations, State and local governments, foreign governments, and international organizations) and to enter into arrangements (including joint ventures) which will foster such cooperation.
(b)
(1)
(2)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3417.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60131 | 15 U.S.C. 5631. | Pub. L. 102–555, title III, §301, Oct. 28, 1992, 106 Stat. 4174. |
§60132. Availability of federally gathered unenhanced data
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3417.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60132 | 15 U.S.C. 5632. | 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)
(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)
(c)
(d)
(e)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3418.)
| 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)
(b)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60134(a) | 15 U.S.C. 5641(c). | Pub. L. 102–555, title IV, §401(b), (c), Oct. 28, 1992, 106 Stat. 4176. |
| 60134(b) | 15 U.S.C. 5641(b). |
In subsection (b), in the matter before paragraph (1), the words "In carrying out subsection (a), the Landsat Program Management shall consider the ability of each of the options to" are omitted as obsolete. The omitted words refer to section 401(a) of the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5641(a)), which required, within 5 years after October 28, 1992, the Landsat Program Management, in consultation with representatives of appropriate United States Government agencies, to assess and report to Congress on options for a successor land remote sensing system to Landsat 7.
In subsection (b)(3), the words "otherwise projected to be in operation in the future" are substituted for "projected to be in operation through the year 2000" to eliminate obsolete language.
SUBCHAPTER V—GENERAL PROVISIONS
§60141. Nondiscriminatory data availability
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3419.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60141 | 15 U.S.C. 5651. | Pub. L. 102–555, title V, §501, Oct. 28, 1992, 106 Stat. 4176. |
§60142. Archiving of data
(a)
(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)
(c)
(1) use as a baseline the data archived on October 28, 1992;
(2) take into account future technical and scientific developments and needs, paying particular attention to the anticipated data requirements of global environmental change research;
(3) consult with and seek the advice of users and producers of remote sensing data and data products;
(4) consider the need for data which may be duplicative in terms of geographical coverage but which differ in terms of season, spectral bands, resolution, or other relevant factors;
(5) include, as the Secretary of the Interior considers appropriate, unenhanced data generated either by the Landsat system, pursuant to subchapter II, or by licensees under subchapter III;
(6) include, as the Secretary of the Interior considers appropriate, data collected by foreign ground stations or by foreign remote sensing space systems; and
(7) ensure that the content of the archive is developed in accordance with section 60146 of this title.
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3419.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60142 | 15 U.S.C. 5652. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60143 | 15 U.S.C. 5653. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60144 | 15 U.S.C. 5654. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60145 | 15 U.S.C. 5655. | Pub. L. 102–555, title V, §505, Oct. 28, 1992, 106 Stat. 4177. |
§60146. Radio frequency allocation
(a)
(b)
(c)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3420.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60146 | 15 U.S.C. 5656. | Pub. L. 102–555, title V, §506, Oct. 28, 1992, 106 Stat. 4177. |
Editorial Notes
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)
(b)
(1)
(2)
(3)
(c)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3421.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60147 | 15 U.S.C. 5657. | Pub. L. 102–555, title V, §507, Oct. 28, 1992, 106 Stat. 4178. |
§60148. Enforcement
(a)
(b)
(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)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3421.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60148 | 15 U.S.C. 5658. | 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.
SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60161 | 15 U.S.C. 5671. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60162 | 15 U.S.C. 5672. | 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
§60301. Definitions
In this chapter:
(1)
(2)
(3)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3423.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60301 | 42 U.S.C. 16671. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60302 | 42 U.S.C. 16672. | Pub. L. 109–155, title III, §312, Dec. 30, 2005, 119 Stat. 2920. |
§60303. Pilot projects to encourage public sector applications
(a)
(b)
(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)
(1) in the development of commercial applications potentially available from the remote sensing industry; and
(2) State, local, regional, and tribal agencies in applying remote sensing and other geospatial information technologies for growth management.
(d)
(e)
(f)
(g)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3423.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60303 | 42 U.S.C. 16673. | Pub. L. 109–155, title III, §313, Dec. 30, 2005, 119 Stat. 2921. |
§60304. Program evaluation
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3424; Pub. L. 117–286, §4(a)(326), Dec. 27, 2022, 136 Stat. 4341.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60304 | 42 U.S.C. 16674. | Pub. L. 109–155, title III, §314, Dec. 30, 2005, 119 Stat. 2921. |
Editorial Notes
Amendments
2022—Subsec. (a). Pub. L. 117–286 substituted "section 1013 of title 5," for "section 14 of the Federal Advisory Committee Act (5 App. U.S.C.),".
§60305. Data availability
The Administrator shall ensure that the results of each of the pilot projects completed under section 60303 of this title shall be retrievable through an electronic, internet-accessible database.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3424.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60305 | 42 U.S.C. 16675. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60306 | 42 U.S.C. 16676. | Pub. L. 109–155, title III, §316, Dec. 30, 2005, 119 Stat. 2922. |
CHAPTER 605—EARTH SCIENCE
§60501. Goal
The goal for the Administration's Earth Science program shall be to pursue a program of Earth observations, research, and applications activities to better understand the Earth, how it supports life, and how human activities affect its ability to do so in the future. In pursuit of this goal, the Administration's Earth Science program shall ensure that securing practical benefits for society will be an important measure of its success in addition to securing new knowledge about the Earth system and climate change. In further pursuit of this goal, the Administration shall, together with the National Oceanic and Atmospheric Administration and other relevant agencies, provide United States leadership in developing and carrying out a cooperative international Earth observations-based research program.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3425.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60501 | 42 U.S.C. 17711. | Pub. L. 110–422, title II, §201, Oct. 15, 2008, 122 Stat. 4784. |
Statutory Notes and Related Subsidiaries
Earth Science Missions and Programs
Pub. L. 117–167, div. B, title VII, §10824, Aug. 9, 2022, 136 Stat. 1742, provided that:
"(a)
"(1) the Earth science and applications program of the [National Aeronautics and Space] Administration provides increasingly valuable data for natural resource management, agriculture, forestry, food security, air quality monitoring, and many other application areas; and
"(2) a robust and balanced Earth science and applications program contributes significantly to—
"(A) the scientific discovery and economic growth of the United States; and
"(B) supporting the health and safety of the people of the United States and the citizens of the world.
"(b)
"(c)
"(1) the science priorities described in such survey;
"(2) the execution of the series of existing or previously planned observations (commonly known as the 'program of record'); and
"(3) the development of a range of missions of all classes, including opportunities for principal investigator-led, competitively selected missions.
"(d)
"(1) to address the recommendations of the 2018 Earth science and applications decadal survey of the National Academies of Sciences, Engineering, and Medicine entitled 'Thriving on our Changing Planet', including by conducting priority observations in—
"(A) aerosols;
"(B) cloud convection and precipitation;
"(C) mass change;
"(D) surface biology and geology;
"(E) surface deformation and change; and
"(F) other observation areas designated as high-priority by such decadal survey; and
"(2) to achieve the goal of the Earth Science Program set forth in section 60501 of title 51, United States Code.
"(e)
"(1)
"(2)
"(f)
"(1) maintain a comprehensive, strategic Climate Architecture Plan for Earth Observations and Applications from Space that describes an integrated and balanced program of Earth science and applications observations to advance science, policy, and applications and societal benefits; and
"(2) update such plan every 5 years so as to align with the release of the decadal surveys in Earth science and applications from space and the mid-decade assessments of the National Academics of Sciences, Engineering, and Medicine [probably should be "National Academies of Sciences, Engineering, and Medicine"]."
Carbon Cycle Remote Sensing Applications Research
Pub. L. 106–391, title III, §315, Oct. 30, 2000, 114 Stat. 1595, provided that:
"(a)
"(1)
"(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)
"(3)
"(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)
Earth Observing System
Pub. L. 102–588, title I, §102(g), Nov. 4, 1992, 106 Stat. 5111, directed the Administrator of the National Aeronautics and Space Administration to carry out an Earth Observing System program addressing highest priority international climate change research goals; within 180 days after Nov. 4, 1992, submit to Congress a plan to ensure that the highest priority measurements were maintained on schedule to the greatest extent practicable while lower priority measurements were deferred or deleted; and within 90 days after Nov. 4, 1992, submit to Congress a Development Plan.
§60502. Transitioning experimental research into operational services
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3425.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60502(a) | 42 U.S.C. 17712(b). | Pub. L. 110–422, title II, §204(b), (c), (d), Oct. 15, 2008, 122 Stat. 4785. |
| 60502(b) | 42 U.S.C. 17712(c). | |
| 60502(c) | 42 U.S.C. 17712(d). |
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60503 | 42 U.S.C. 17713(a). | 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 activities with the National Oceanic and Atmospheric Administration that should be undertaken in the area of tornado and severe storm research.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3425.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60504 | 42 U.S.C. 17714. | Pub. L. 110–422, title II, §208, Oct. 15, 2008, 122 Stat. 4786. |
§60505. Coordination with the National Oceanic and Atmospheric Administration
(a)
(b)
(c)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3426.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60505 | 42 U.S.C. 16656. | 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.
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).
Statutory Notes and Related Subsidiaries
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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60506 | 42 U.S.C. 17825(c). | Pub. L. 110–422, title XI, §1109(c), Oct. 15, 2008, 122 Stat. 4811. |
CHAPTER 606—SPACE WEATHER
§60601. Space weather
(a)
(1)
(A) Space weather phenomena pose a significant threat to ground-based and space-based critical infrastructure, modern technological systems, and humans working in space.
(B) The effects of severe space weather on the electric power grid, satellites and satellite communications and information, aviation operations, astronauts living and working in space, and space-based position, navigation, and timing systems could have significant societal, economic, national security, and health impacts.
(C) Space-based and ground-based observations provide crucial data necessary to understand, forecast, and prepare for space weather phenomena.
(D) Clear roles and accountability of Federal departments and agencies are critical for efficient and effective response to threats posed by space weather.
(E) Space weather observation and forecasting are essential for the success of human and robotic space exploration.
(F) In October 2015, the National Science and Technology Council published a National Space Weather Strategy and a National Space Weather Action Plan seeking to integrate national space weather efforts and add new capabilities to meet increasing demand for space weather information.
(G) In March 2019, the National Science and Technology Council published an updated National Space Weather Strategy and Action Plan to enhance the preparedness and resilience of the United States to space weather.
(2)
(A) The National Oceanic and Atmospheric Administration provides operational space weather monitoring, forecasting, and long-term data archiving and access for civil applications, maintains ground-based and space-based assets to provide observations needed for space weather forecasting, prediction, and warnings, provides research to support operational responsibilities, and develops requirements for space weather forecasting technologies and science.
(B) The Department of Defense provides operational space weather research, monitoring, and forecasting for the Department's unique missions and applications.
(C) The National Aeronautics and Space Administration provides increased understanding of the fundamental physics of the Sun-Earth system through basic research, space-based observations and modeling, developing new space-based technologies and missions, and monitoring of space weather for the National Aeronautics and Space Administration's space missions.
(D) The National Science Foundation provides increased understanding of the Sun-Earth system through ground-based measurements, technologies, and modeling.
(E) The Department of the Interior collects, distributes, and archives operational ground-based magnetometer data in the United States and its territories, works with the international community to improve global geophysical monitoring, and develops crustal conductivity models to assess and mitigate risks from space weather-induced electric ground currents.
(F) The Federal Aviation Administration provides operational requirements for space weather services in support of aviation and for coordination of these requirements with the International Civil Aviation Organization, and integrates space weather data and products into the Next Generation Air Transportation System.
(b)
(1) coordinate the development and implementation of Federal Government activities conducted with respect to space weather to improve the ability of the United States to prepare for, avoid, mitigate, respond to, and recover from potentially devastating impacts of space weather; and
(2) coordinate the activities of the interagency working group on space weather established under subsection (c).
(c)
(1)
(A) The National Oceanic and Atmospheric Administration.
(B) The National Aeronautics and Space Administration.
(C) The National Science Foundation.
(D) The Department of Defense.
(E) The Department of the Interior.
(F) Such other Federal agencies as the Director of the Office of Science and Technology Policy deems appropriate.
(2)
(A) The members of the interagency working group may enter into one or more interagency agreements providing for cooperation and collaboration in the development of space weather spacecraft, instruments, technologies, and research to operations and operations to research in accordance with this chapter.
(B) The Administrator of the National Aeronautics and Space Administration and the Administrator of the National Oceanic and Atmospheric Administration shall enter into one or more interagency agreements providing for cooperation and collaboration in the development of space weather spacecraft, instruments, and technologies in accordance with this chapter.
(3)
(d)
(1)
(A)
(B)
(i) 5 members shall be representatives of the academic community;
(ii) 5 members shall be representatives of the commercial space weather sector; and
(iii) 5 members shall be nongovernmental representatives of the space weather end user community.
(C)
(D)
(E)
(i)
(ii)
(2)
(A) Facilitating advances in the space weather enterprise of the United States.
(B) Improving the ability of the United States to prepare for, mitigate, respond to, and recover from space weather phenomena.
(C) Enabling the coordination and facilitation of research to operations and operations to research, as described in section 60604(d).
(D) Developing and implementing the integrated strategy under section 60602 including subsequent updates and reevaluations.
(3)
(A)
(B)
(i) assess the adequacy of current Federal Government goals for lead time, accuracy, coverage, timeliness, data rate, and data quality for space weather observations and forecasting;
(ii) identify options and methods to, in consultation with the academic community and the commercial space weather sector, improve upon the advancement of the goals described in clause (i);
(iii) identify opportunities for collection of new data to address the needs of the space weather user community;
(iv) identify methods to increase coordination of space weather research to operations and operations to research;
(v) identify opportunities for new technologies, research, and instrumentation to aid in research, understanding, monitoring, modeling, prediction, forecasting, and warning of space weather; and
(vi) identify methods and technologies to improve preparedness for potential space weather phenomena.
(C)
(D)
(E)
(F)
(4)
(Pub. L. 116–181, §2(b), Oct. 21, 2020, 134 Stat. 882.)
Editorial Notes
References in Text
The date of enactment of the PROSWIFT Act, referred to in subsecs. (c) and (d)(1)(A), is the date of enactment of Pub. L. 116–181, which was approved Oct. 21, 2020.
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (d)(4), is section 14 of Pub. L. 92–463, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 1013 of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4204, 4361.
Statutory Notes and Related Subsidiaries
Space Weather Policy
Pub. L. 116–181, §2(a), Oct. 21, 2020, 134 Stat. 882, provided that: "It shall be the policy of the United States to prepare and protect against the social and economic impacts of space weather phenomena by supporting actions to improve space weather forecasts and predictions including: sustaining and enhancing critical observations, identifying research needs and promoting opportunities for research-to-operations and operations-to-research collaborations both within and outside of the Federal Government, advancing space weather models, engaging with all sectors of the space weather community, including academia, the commercial sector, and international partners, and understanding the needs of space weather end users."
Executive Documents
Ex. Ord. No. 13744. Coordinating Efforts To Prepare the Nation for Space Weather Events
Ex. Ord. No. 13744, Oct. 13, 2016, 81 F.R. 71573, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to prepare the Nation for space weather events, it is hereby ordered as follows:
It is the policy of the United States to prepare for space weather events to minimize the extent of economic loss and human hardship. The Federal Government must have (1) the capability to predict and detect a space weather event, (2) the plans and programs necessary to alert the public and private sectors to enable mitigating actions for an impending space weather event, (3) the protection and mitigation plans, protocols, and standards required to reduce risks to critical infrastructure prior to and during a credible threat, and (4) the ability to respond to and recover from the effects of space weather. Executive departments and agencies (agencies) must coordinate their efforts to prepare for the effects of space weather events.
(b) To ensure accountability for and coordination of research, development, and implementation of activities identified in this order and in the Action Plan, the NSTC shall establish a Space Weather Operations, Research, and Mitigation Subcommittee (Subcommittee). The Subcommittee member agencies shall conduct activities to advance the implementation of this order, to achieve the goals identified in the 2015 National Space Weather Strategy and any subsequent updates, and to coordinate and monitor the implementation of the activities specified in the Action Plan and provide subsequent updates.
(a) The Secretary of Defense shall ensure the timely provision of operational space weather observations, analyses, forecasts, and other products to support the mission of the Department of Defense and coalition partners, including the provision of alerts and warnings for space weather phenomena that may affect weapons systems, military operations, or the defense of the United States.
(b) The Secretary of the Interior shall support the research, development, deployment, and operation of capabilities that enhance the understanding of variations of the Earth's magnetic field associated with solar-terrestrial interactions.
(c) The Secretary of Commerce shall:
(i) provide timely and accurate operational space weather forecasts, watches, warnings, alerts, and real-time space weather monitoring for the government, civilian, and commercial sectors, exclusive of the responsibilities of the Secretary of Defense; and
(ii) ensure the continuous improvement of operational space weather services, utilizing partnerships, as appropriate, with the research community, including academia and the private sector, and relevant agencies to develop, validate, test, and transition space weather observation platforms and models from research to operations and from operations to research.
(d) The Secretary of Energy shall facilitate the protection and restoration of the reliability of the electrical power grid during a presidentially declared grid security emergency associated with a geomagnetic disturbance pursuant to 16 U.S.C. 824o–1.
(e) The Secretary of Homeland Security shall:
(i) ensure the timely redistribution of space weather alerts and warnings that support national preparedness, continuity of government, and continuity of operations; and
(ii) coordinate response and recovery from the effects of space weather events on critical infrastructure and the broader community.
(f) The Administrator of the National Aeronautics and Space Administration (NASA) shall:
(i) implement and support a national research program to understand the Sun and its interactions with Earth and the solar system to advance space weather modeling and prediction capabilities applicable to space weather forecasting;
(ii) develop and operate space-weather-related research missions, instrument capabilities, and models; and
(iii) support the transition of space weather models and technology from research to operations and from operations to research.
(g) The Director of the National Science Foundation (NSF) shall support fundamental research linked to societal needs for space weather information through investments and partnerships, as appropriate.
(h) The Secretary of State, in consultation with the heads of relevant agencies, shall carry out diplomatic and public diplomacy efforts to strengthen global capacity to respond to space weather events.
(i) The Secretaries of Defense, the Interior, Commerce, Transportation, Energy, and Homeland Security, along with the Administrator of NASA and the Director of NSF, shall work together, consistent with their ongoing activities, to develop models, observation systems, technologies, and approaches that inform and enhance national preparedness for the effects of space weather events, including how space weather events may affect critical infrastructure and change the threat landscape with respect to other hazards.
(j) The heads of all agencies that support National Essential Functions, defined by Presidential Policy Directive 40 (PPD–40) of July 15, 2016 (National Continuity Policy), shall ensure that space weather events are adequately addressed in their all-hazards preparedness planning, including mitigation, response, and recovery, as directed by PPD–8 of March 30, 2011 (National Preparedness).
(k) NSTC member agencies shall coordinate through the NSTC to establish roles and responsibilities beyond those identified in section 4 of this order to enhance space weather preparedness, consistent with each agency's legal authority.
(b) Within 120 days of the date of this order, the heads of the sector-specific agencies that oversee the lifeline critical infrastructure functions as defined by the National Infrastructure Protection Plan of 2013—including communications, energy, transportation, and water and wastewater systems—as well as the Nuclear Reactors, Materials, and Waste Sector, shall assess their executive and statutory authority, and limits of that authority, to direct, suspend, or control critical infrastructure operations, functions, and services before, during, and after a space weather event. The heads of each sector-specific agency shall provide a summary of these assessments to the Subcommittee.
(c) Within 90 days of receipt of the assessments ordered in section 5(b) of this order, the Subcommittee shall provide a report on the findings of these assessments with recommendations to the Director of OSTP, the Assistant to the President for Homeland Security and Counterterrorism, and the Director of OMB. The assessments may be used to inform the development and implementation of policy establishing authorities and responsibilities for agencies in response to a space weather event.
(d) Within 60 days of the date of this order, the Secretaries of Defense and Commerce, the Administrator of NASA, and the Director of NSF, in collaboration with other agencies as appropriate, shall identify mechanisms for advancing space weather observations, models, and predictions, and for sustaining and transitioning appropriate capabilities from research to operations and operations to research, collaborating with industry and academia to the extent possible.
(e) Within 120 days of the date of this order, the Secretaries of Defense and Commerce shall make historical data from the GPS constellation and other U.S. Government satellites publicly available, in accordance with Executive Order 13642 of May 9, 2013 (Making Open and Machine Readable the New Default for Government Information), to enhance model validation and improvements in space weather forecasting and situational awareness.
(f) Within 120 days of the date of this order, the Secretary of Homeland Security, through the Administrator of the Federal Emergency Management Agency and in coordination with relevant agencies, shall lead the development of a coordinated Federal operating concept and associated checklist to coordinate Federal assets and activities to respond to notification of, and protect against, impending space weather events. Within 180 days of the publication of the operating concept and checklist, agencies shall develop operational plans documenting their procedures and responsibilities to prepare for, protect against, and mitigate the effects of impending space weather events, in support of the Federal operating concept and compatible with the National Preparedness System described in PPD–8.
(a) "Prepare" and "preparedness" have the same meaning they have in PPD–8. They refer to the actions taken to plan, organize, equip, train, and exercise to build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. This includes the prediction and notification of space weather events.
(b) "Space weather" means variations in the space environment between the Sun and Earth (and throughout the solar system) that can affect technologies in space and on Earth. The primary types of space weather events are solar flares, solar energetic particles, and geomagnetic disturbances.
(c) "Solar flare" means a brief eruption of intense energy on or near the Sun's surface that is typically associated with sunspots.
(d) "Solar energetic particles" means ions and electrons ejected from the Sun that are typically associated with solar eruptions.
(e) "Geomagnetic disturbance" means a temporary disturbance of Earth's magnetic field resulting from solar activity.
(f) "Critical infrastructure" has the meaning provided in section 1016(e) of the USA Patriot Act of 2001 (42 U.S.C. 5195c(e)), namely systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.
(g) "Sector-Specific Agency" means the agencies designated under PPD–21 of February 12, 2013 (Critical Infrastructure Security and Resilience), or any successor directive, to be responsible for providing institutional knowledge and specialized expertise as well as leading, facilitating, or supporting the security and resilience programs and associated activities of its designated critical infrastructure sector in the all-hazards environment.
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
[Reference to a Sector Specific Agency (including any permutations or conjugations thereof) deemed to be a reference to the Sector Risk Management Agency of the relevant critical infrastructure sector and have the meaning given such term in section 650 of Title 6, Domestic Security, see section 652a(c)(3) of Title 6, enacted Jan. 1, 2021.]
1 See References in Text note below.
§60602. Integrated strategy
(a)
(1) observations and measurements that must be sustained beyond the lifetime of current ground-based and space-based assets, as described under section 60603, that are essential for space weather research, models, forecasting, and prediction;
(2) new observations and measurements that may significantly improve space weather forecasting and prediction; and
(3) plans for follow-on space-based observations under section 60603.
(b)
(1) Potential contributions of commercial solutions, prize authority, academic and international partnerships, microsatellites, small satellite options, ground-based instruments, and hosted payloads for observations identified in section 60602(a)(2).
(2) Work conducted before the date of enactment of the PROSWIFT Act by the National Science and Technology Council with respect to space weather.
(3) The survey under section 60601(d).
(4) Any relevant recommendations from the most recent National Academies of Sciences, Engineering, and Medicine Decadal Survey for Solar and Space Physics (Heliophysics).
(c)
(1)
(2)
(3)
(d)
(e)
(Pub. L. 116–181, §2(b), Oct. 21, 2020, 134 Stat. 886.)
Editorial Notes
References in Text
The date of enactment of the PROSWIFT Act, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 116–181, which was approved Oct. 21, 2020.
§60603. Sustaining and advancing critical space weather observations
(a)
(1) establish and sustain a baseline capability for space weather observations and to make such observations and data publicly available; and
(2) obtain enhanced space weather observations, as practicable, to advance forecasting and prediction capability, as informed by the integrated strategy in section 60602.
(b)
(1) The Administrator of the National Aeronautics and Space Administration shall, in cooperation with the European Space Agency and other international and interagency partners, maintain operations of the Solar and Heliospheric Observatory/Large Angle and Spectrometric Coronagraph (referred to in this section as "SOHO/LASCO") for as long as the satellite continues to deliver quality observations.
(2) The Administrator of the National Aeronautics and Space Administration shall prioritize the reception of SOHO/LASCO data.
(3) The Administrator of the National Oceanic and Atmospheric Administration shall maintain, for as long as is practicable, operations of current space-based observational assets, including but not limited to the Geostationary Operational Environmental Satellites system, and the Deep Space Climate Observatory.
(c)
(d)
(e)
(f)
(1) maintain and improve ground-based observations of the Sun, as necessary and advisable, to help meet the needs identified in the survey under section 60601(d)(3); and
(2) continue to provide space weather data through ground-based facilities, including radars, lidars, magnetometers, neutron monitors, radio receivers, aurora and airglow imagers, spectrometers, interferometers, and solar observatories.
(g)
(h)
(1) make available to the public key data streams from the platforms and facilities described in subsection (d) for research and to support space weather model development;
(2) develop experimental models for scientific purposes; and
(3) support the transition of the experimental models to operations where appropriate.
(i)
(Pub. L. 116–181, §2(b), Oct. 21, 2020, 134 Stat. 888.)
Editorial Notes
References in Text
The date of enactment of the PROSWIFT Act, referred to in subsec. (e), is the date of enactment of Pub. L. 116–181, which was approved Oct. 21, 2020.
§60604. Research activities
(a)
(1) continue to carry out basic research on heliophysics, geospace science, and space weather; and
(2) support competitive, peer-reviewed proposals for conducting research, advancing modeling, and monitoring of space weather and its impacts, including the science goals outlined in decadal surveys in solar and space physics conducted by the National Academies of Sciences, Engineering, and Medicine.
(b)
(1)
(2)
(3)
(c)
(d)
(1) transition the space weather research findings, models, and capabilities of the National Aeronautics and Space Administration, the National Science Foundation, the United States Geological Survey, and other relevant Federal agencies, as appropriate, to the National Oceanic and Atmospheric Administration and the Department of Defense;
(2) enhance coordination between research modeling centers and forecasting centers; and
(3) communicate the operational needs of space weather forecasters of the National Oceanic and Atmospheric Administration and Department of Defense, as appropriate, to the National Aeronautics and Space Administration, the National Science Foundation, and the United States Geological Survey.
(Pub. L. 116–181, §2(b), Oct. 21, 2020, 134 Stat. 889.)
§60605. Space weather data
(a)
(1) make space weather-related data obtained for scientific research purposes available to space weather forecasters and operations centers; and
(2) support model development and model applications to space weather forecasting.
(b)
(Pub. L. 116–181, §2(b), Oct. 21, 2020, 134 Stat. 890.)
§60606. Space weather knowledge transfer and information exchange
Not later than 180 days after the date of enactment of the PROSWIFT Act, the Administrator of the National Oceanic and Atmospheric Administration, in collaboration with the Administrator of the National Aeronautics and Space Administration and the Director of the National Science Foundation, shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to establish a Space Weather Government-Academic-Commercial Roundtable to facilitate communication and knowledge transfer among Government participants in the space weather interagency working group established under section 60601(c), the academic community, and the commercial space weather sector to—
(1) facilitate advances in space weather prediction and forecasting;
(2) increase coordination of space weather research to operations and operations to research; and
(3) improve preparedness for potential space weather phenomena.
(Pub. L. 116–181, §2(b), Oct. 21, 2020, 134 Stat. 891.)
Editorial Notes
References in Text
The date of enactment of the PROSWIFT Act, referred to in text, is the date of enactment of Pub. L. 116–181, which was approved Oct. 21, 2020.
§60607. Pilot program for obtaining commercial sector space weather data
(a)
(b)
(c)
(1)
(A) meets the standards and specifications established for providing such data under subsection (b); and
(B) is provided in a manner that allows the Administrator of the National Oceanic and Atmospheric Administration to calibrate and evaluate the data for use in space weather research and forecasting models of the National Oceanic and Atmospheric Administration, the Department of Defense, or both.
(2)
(A) the viability of assimilating the commercially provided data into National Oceanic and Atmospheric Administration space weather research and forecasting models;
(B) whether, and by how much, the data so provided add value to space weather forecasts of the National Oceanic and Atmospheric Administration and the Department of Defense; and
(C) the accuracy, quality, timeliness, validity, reliability, usability, information technology security, and cost-effectiveness of obtaining commercial space weather data from commercial sector providers.
(Pub. L. 116–181, §2(b), Oct. 21, 2020, 134 Stat. 891.)
Editorial Notes
References in Text
The date of enactment of the PROSWIFT Act, referred to in subsecs. (a), (b), and (c)(2), is the date of enactment of Pub. L. 116–181, which was approved Oct. 21, 2020.
§60608. Space weather benchmarks
The interagency working group established under section 60601(c) shall periodically review and update the benchmarks described in the report of the National Science and Technology Council entitled "Space Weather Phase 1 Benchmarks" and dated June 2018, as necessary, based on—
(1) any significant new data or advances in scientific understanding that become available; or
(2) the evolving needs of entities impacted by space weather phenomena.
(Pub. L. 116–181, §2(b), Oct. 21, 2020, 134 Stat. 892.)
Subtitle VII—Access to Space
CHAPTER 701—USE OF SPACE LAUNCH SYSTEM OR ALTERNATIVES
Editorial Notes
Amendments
2015—Pub. L. 114–90, title I, §117(a)(1), (b)(2), Nov. 25, 2015, 129 Stat. 717, 718, added item 70104, substituted "SPACE LAUNCH SYSTEM" for "SPACE SHUTTLE" in chapter heading, "space launch system" for "space shuttle" in items 70101 and 70103, and "Space launch system" for "Space shuttle" in item 70102.
§70101. Recovery of fair value of placing Department of Defense payloads in orbit with space launch system
Notwithstanding any other provision of law, or any interagency agreement, the Administrator shall charge such prices as are necessary to recover the fair value of placing Department of Defense payloads into orbit by means of the space launch system.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3427; Pub. L. 114–90, title I, §117(a)(2), Nov. 25, 2015, 129 Stat. 717.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70101 | 42 U.S.C. 2464. | Pub. L. 97–324, title I, §106(a), Oct. 15, 1982, 96 Stat. 1600. |
Editorial Notes
Amendments
2015—Pub. L. 114–90 substituted "space launch system" for "space shuttle" in section catchline and text.
§70102. Space launch system use policy
(a)
(1) Payloads and missions that contribute to extending human presence beyond low-Earth orbit and substantially benefit from the unique capabilities of the Space Launch System.
(2) Other payloads and missions that substantially benefit from the unique capabilities of the Space Launch System.
(3) On a space available basis, Federal Government or educational payloads that are consistent with NASA's mission for exploration beyond low-Earth orbit.
(4) Compelling circumstances, as determined by the Administrator.
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3427; Pub. L. 114–90, title I, §117(a)(3), Nov. 25, 2015, 129 Stat. 717.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70102(a) | 42 U.S.C. 2465a(a). | Pub. L. 101–611, title I, §112(a), (c), (d), Nov. 16, 1990, 104 Stat. 3198, 3199. |
| 70102(b) | 42 U.S.C. 2465a(c). | |
| 70102(c) | 42 U.S.C. 2465a(d). |
Editorial Notes
Amendments
2015—Pub. L. 114–90 amended section generally. Prior to amendment, section related to space shuttle use policy.
Statutory Notes and Related Subsidiaries
Flight Opportunities
Pub. L. 115–10, title VIII, §826, Mar. 21, 2017, 131 Stat. 65, provided that:
"(a)
"(1)
"(A) scientific research; and
"(B) investigating new or improved capabilities.
"(2)
"(A) flight testing;
"(B) payload development; and
"(C) hardware related to subparagraphs (A) and (B).
"(b)
Secondary Payload Capability
Pub. L. 109–155, title VI, §602, Dec. 30, 2005, 119 Stat. 2931, provided that:
"(a)
"(b)
"(c)
§70103. Commercial payloads on space launch system
(a)
(1)
(2)
(b)
(1) the payload requires the unique capabilities of the space launch system; or
(2) launching of the payload on the space launch system is important for either national security or foreign policy purposes.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3428; Pub. L. 114–90, title I, §117(a)(4), Nov. 25, 2015, 129 Stat. 718.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70103(a) | 42 U.S.C. 2465c. | 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. |
| 70103(b) | 42 U.S.C. 2465f. | 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.
Editorial Notes
Amendments
2015—Pub. L. 114–90 substituted "space launch system" for "space shuttle" in section catchline and wherever appearing in text.
§70104. Definition of Space Launch System
In this chapter, the term "Space Launch System" means the Space Launch System authorized under section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322).
(Added Pub. L. 114–90, title I, §117(a)(5), Nov. 25, 2015, 129 Stat. 718.)
[CHAPTER 703—REPEALED]
[§§70301 to 70304. Repealed. Pub. L. 115–10, title IV, §416(b), Mar. 21, 2017, 131 Stat. 35]
Section 70301, Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3428, set out Congressional findings.
Section 70302, Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3429, related to purpose, policy, and goals of chapter.
Section 70303, Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3429, defined "additive cost".
Section 70304, Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3429, related to duties of Administrator.
CHAPTER 705—EXPLORATION INITIATIVES
§70501. Space shuttle follow-on
(a)
(1) in low-Earth orbit; and
(2) beyond low-Earth orbit once the capabilities described in section 421(f) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 become available.
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3430; Pub. L. 115–10, title IV, §417, Mar. 21, 2017, 131 Stat. 35.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70501(a) | 42 U.S.C. 16761(a). | Pub. L. 109–155, title V, §501(a), (b), Dec. 30, 2005, 119 Stat. 2927. |
| 70501(b) | 42 U.S.C. 16761(b). |
In subsection (b), the words "The Administrator shall transmit an annual report" are substituted for "Not later than 180 days after the date of enactment of this Act [December 30, 2005] and annually thereafter, the Administrator shall transmit a report" to eliminate obsolete language.
In subsection (b), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Editorial Notes
References in Text
Section 421(f) of the National Aeronautics and Space Administration Transition Authorization Act of 2017, referred to in subsec. (a)(2), is section 421(f) of Pub. L. 115–10, which is set out as a note under section 20301 of this title.
Amendments
2017—Subsec. (a). Pub. L. 115–10, §417(1), amended subsec. (a) generally. Prior to amendment, text read as follows: "It is the policy of the United States to possess the capability for human access to space on a continuous basis."
Subsec. (b). Pub. L. 115–10, §417(2), substituted "Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives describing the progress being made toward developing the Space Launch System and Orion" for "Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the progress being made toward developing the Crew Exploration Vehicle and the Crew Launch Vehicle".
Statutory Notes and Related Subsidiaries
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)
"(1)
"(2)
"(3)
"(b)
"(1)
"(2)
"(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)
"(4)
Pub. L. 110–161, div. B, title III, Dec. 26, 2007, 121 Stat. 1919, provided that: "The Administrator of the National Aeronautics and Space Administration shall prepare a strategy for minimizing job losses when the National Aeronautics and Space Administration transitions from the Space Shuttle to a successor human-rated space transport vehicle. This strategy shall include: (1) specific initiatives that the National Aeronautics and Space Administration has undertaken, or plans to undertake, to maximize the utilization of existing civil service and contractor workforces at each of the affected Centers; (2) efforts to equitably distribute tasks and workload between the Centers to mitigate the brunt of job losses being borne by only certain Centers; (3) new workload, tasks, initiatives, and missions being secured for the affected Centers; and (4) overall projections of future civil service and contractor workforce levels at the affected Centers. The Administrator shall transmit this strategy to Congress not later than 90 days after the date of enactment of this Act [Dec. 26, 2007]. The Administrator shall update and transmit to Congress this strategy not less than every six months thereafter until the successor human-rated space transport vehicle is fully operational."
Pub. L. 109–155, title V, §502, Dec. 30, 2005, 119 Stat. 2928, provided that:
"(a)
"(b)
"(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)
§70502. Exploration plan and programs
The Administrator shall—
(1) construct an architecture and implementation plan for the Administration's human exploration program that is not critically dependent on the achievement of milestones by fixed dates;
(2) implement an exploration research and technology development program to enable human and robotic operations consistent with section 20302(b) of this title;
(3) conduct an in-situ resource utilization technology program to develop the capability to use space resources to increase independence from Earth, and sustain exploration beyond low-Earth orbit; and
(4) pursue aggressively automated rendezvous and docking capabilities that can support the International Space Station and other mission requirements.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3430; Pub. L. 115–10, title IV, §415, Mar. 21, 2017, 131 Stat. 34.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70502 | 42 U.S.C. 16763. | Pub. L. 109–155, title V, §503, Dec. 30, 2005, 119 Stat. 2929. |
Editorial Notes
Amendments
2017—Par. (2). Pub. L. 115–10 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "implement an exploration technology development program to enable lunar human and robotic operations consistent with section 20302(b) of this title, including surface power to use on the Moon and other locations;".
§70503. Ground-based analog capabilities
(a)
(b)
(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)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3430.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70503 | 42 U.S.C. 16764. | Pub. L. 109–155, title V, §504, Dec. 30, 2005, 119 Stat. 2929. |
§70504. Stepping stone approach to exploration
(a)
(1) may conduct missions to intermediate destinations in sustainable steps in accordance with section 20302(b) of this title, and on a timetable determined by the availability of funding, in order to achieve the objective of human exploration of Mars specified in section 202(b)(5) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(b)(5)); and
(2) shall incorporate any such missions into the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017.
(b)
(c)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3431; Pub. L. 115–10, title IV, §414, Mar. 21, 2017, 131 Stat. 34.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70504 | 42 U.S.C. 17731. | Pub. L. 110–422, title IV, §403, Oct. 15, 2008, 122 Stat. 4789. |
Editorial Notes
References in Text
Section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017, referred to in subsec. (a)(2), is section 432 of Pub. L. 115–10, which is set out in a note under section 20302 of this title.
Amendments
2017—Pub. L. 115–10 amended section generally. Prior to amendment, text read as follows: "In order to maximize the cost-effectiveness of the long-term exploration and utilization activities of the United States, the Administrator shall take all necessary steps, including engaging international partners, to ensure that activities in its lunar exploration program shall be designed and implemented in a manner that gives strong consideration to how those activities might also help meet the requirements of future exploration and utilization activities beyond the Moon. The timetable of the lunar phase of the long-term international exploration initiative shall be determined by the availability of funding. However, once an exploration-related project enters its development phase, the Administrator shall seek, to the maximum extent practicable, to complete that project without undue delays."
§70505. Lunar outpost
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3431.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70505(a) | 42 U.S.C. 17732(a). | Pub. L. 110–422, title IV, §404(a), (b), Oct. 15, 2008, 122 Stat. 4789. |
| 70505(b) | 42 U.S.C. 17732(b). |
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70506 | 42 U.S.C. 17733(b). | Pub. L. 110–422, title IV, §405(b), Oct. 15, 2008, 122 Stat. 4789. |
Statutory Notes and Related Subsidiaries
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)
"(b)
"(c)
§70507. Technology development
The Administrator shall establish an intra-Directorate long-term technology development program for space and Earth science within the Science Mission Directorate for the development of new technology. The program shall be independent of the flight projects under development. The Administration shall have a goal of funding the intra-Directorate technology development program at a level of 5 percent of the total Science Mission Directorate annual budget. The program shall be structured to include competitively awarded grants and contracts.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3431.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70507 | 42 U.S.C. 17741. | 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 observatory-class scientific spacecraft intended to be deployed in Earth orbit or at a Lagrangian point in space for robotic or human servicing and repair to the extent practicable and appropriate.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3432.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70508 | 42 U.S.C. 17742. | Pub. L. 110–422, title V, §502, Oct. 15, 2008, 122 Stat. 4791. |
CHAPTER 707—HUMAN SPACE FLIGHT INDEPENDENT INVESTIGATION COMMISSION
§70701. Definitions
In this chapter:
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3432.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70701 | 42 U.S.C. 16841. | Pub. L. 109–155, title VIII, §821, Dec. 30, 2005, 119 Stat. 2941. |
§70702. Establishment of Commission
(a)
(1) a space shuttle;
(2) the International Space Station or its operational viability;
(3) any other orbital or suborbital space vehicle carrying humans that is—
(A) owned by the Federal Government; or
(B) being used pursuant to a contract or Space Act Agreement with the Federal Government for carrying a government astronaut or a researcher funded by the Federal Government; or
(4) a crew member or passenger of any space vehicle described in this subsection.
(b)
(c)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3432; Pub. L. 115–10, title VIII, §838, Mar. 21, 2017, 131 Stat. 71.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70702 | 42 U.S.C. 16842. | Pub. L. 109–155, title VIII, §822, Dec. 30, 2005, 119 Stat. 2941. |
Editorial Notes
Amendments
2017—Subsec. (a)(3). Pub. L. 115–10, §838(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "any other United States space vehicle carrying humans that is owned by the Federal Government or that is being used pursuant to a contract with the Federal Government; or".
Subsec. (c). Pub. L. 115–10, §838(2), added subsec. (c).
§70703. Tasks of Commission
A Commission established pursuant to this chapter shall, to the extent possible, undertake the following tasks:
(1)
(2)
(3)
(4)
(5)
(6)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3432.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70703 | 42 U.S.C. 16843. | Pub. L. 109–155, title VIII, §823, Dec. 30, 2005, 119 Stat. 2941. |
§70704. Composition of Commission
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(c)
(d)
(e)
(f)
(g)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3433.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70704(a) | 42 U.S.C. 16844(a). | Pub. L. 109–155, title VIII, §824, Dec. 30, 2005, 119 Stat. 2942. |
| 70704(b) | 42 U.S.C. 16844(b). | |
| 70704(c) | 42 U.S.C. 16844(c). | |
| 70704(d) | 42 U.S.C. 16844(d). | |
| 70704(e) | 42 U.S.C. 16844(e) (1st sentence). | |
| 70704(f) | 42 U.S.C. 16844(e) (2d sentence). | |
| 70704(g) | 42 U.S.C. 16844(e) (last sentence). |
§70705. Powers of Commission
(a)
(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)
(c)
(1)
(2)
(d)
(1)
(2)
(3)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3433.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70705 | 42 U.S.C. 16845. | Pub. L. 109–155, title VIII, §825, Dec. 30, 2005, 119 Stat. 2942. |
§70706. Public meetings, information, and hearings
(a)
(1) hold public hearings and meetings to the extent appropriate; and
(2) release public versions of the reports required under this chapter.
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3434.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70706 | 42 U.S.C. 16846. | Pub. L. 109–155, title VIII, §826, Dec. 30, 2005, 119 Stat. 2943. |
§70707. Staff of Commission
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3435.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70707 | 42 U.S.C. 16847. | Pub. L. 109–155, title VIII, §827, Dec. 30, 2005, 119 Stat. 2943. |
In subsection (c), in the 1st sentence, the words "the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5" are substituted for "the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5" for consistency in title 51.
In subsection (c), in the last sentence, the words "the expert or consultant" are substituted for "it" for clarity.
§70708. Compensation and travel expenses
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3435.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70708 | 42 U.S.C. 16848. | 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 for Commission members and staff
The appropriate Federal agencies or departments shall cooperate with a Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information under this chapter without the appropriate security clearances.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3435.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70709 | 42 U.S.C. 16849. | Pub. L. 109–155, title VIII, §829, Dec. 30, 2005, 119 Stat. 2944. |
§70710. Reporting requirements and termination
(a)
(b)
(c)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3436.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70710 | 42 U.S.C. 16850. | Pub. L. 109–155, title VIII, §830, Dec. 30, 2005, 119 Stat. 2944. |
CHAPTER 709—INTERNATIONAL SPACE STATION
Editorial Notes
Amendments
2022—Pub. L. 117–167, div. B, title VII, §10815(d)(2), Aug. 9, 2022, 136 Stat. 1738, substituted "Maintaining use through at least 2030." for "Maintaining use through at least 2024." in item 70907.
2015—Pub. L. 114–90, title I, §114(b)(5)(B), Nov. 25, 2015, 129 Stat. 716, substituted "Maintaining use through at least 2024." for "Maintaining use through at least 2020." in item 70907.
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70901 | (not previously classified) | 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.
Editorial Notes
References in Text
Section 103(a)(1) of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 (Public Law 101–611, 104 Stat. 3190), referred to in text, is not classified to the Code.
Statutory Notes and Related Subsidiaries
Priorities for International Space Station
Pub. L. 117–167, div. B, title VII, §10816, Aug. 9, 2022, 136 Stat. 1739, provided that:
"(a)
"(1) the research of the Human Research Program, including research on and development of countermeasures relevant to reducing human health and performance risks, behavioral and psychological risks, and other astronaut safety risks related to long-duration human spaceflight;
"(2) risk reduction activities relevant to exploration technologies, including for the Environmental Control and Life Support System, extravehicular activity and space suits, environmental monitoring, safety, emergency response, and deep space communications;
"(3) the advancement of United States leadership in basic and applied space life and physical science research, consistent with the priorities of the most recent space life and physical sciences decadal survey of the National Academies of Sciences, Engineering, and Medicine; and
"(4) other research and development activities identified by the Administrator as essential to Moon to Mars activities.
"(b)
"(1)
"(A) the assessment; and
"(B) the steps taken to achieve the prioritization required by subsection (a).
"(2)
"(3)
[For definitions of "deep space", "space flight participant", and "government astronaut" as used in section 10816 of Pub. L. 117–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
International Space Station
Pub. L. 110–69, title II, §2006, Aug. 9, 2007, 121 Stat. 584, provided that:
"(a)
"(b)
"(c)
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)
"(b)
"(c)
"(d)
"(e)
"[SEC. 202. Repealed. Pub. L. 109–155, title II, §207(b), Dec. 30, 2005, 119 Stat. 2916, effective 30 days after Dec. 1, 2006.]
"SEC. 203. RESEARCH ON INTERNATIONAL SPACE STATION.
"(a)
"(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)
"SEC. 205. SPACE STATION RESEARCH UTILIZATION AND COMMERCIALIZATION MANAGEMENT.
"(a)
"(b)
"(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
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:
"
"(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.
"[
"
"
"(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.
"
"(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.
"
"
§70902. Allocation of International Space Station research budget
The Administrator shall allocate at least 15 percent of the funds budgeted for International Space Station research to ground-based, free-flyer, and International Space Station life and microgravity science research that is not directly related to supporting the human exploration program, consistent with section 40904 of this title.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3436.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70902 | 42 U.S.C. 16633. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70903 | 42 U.S.C. 16766(1), (2). | Pub. L. 109–155, title V, §506(1), (2), Dec. 30, 2005, 119 Stat. 2930. |
§70904. International Space Station completion
(a)
(b)
(1) be assembled and operated in a manner that fulfills international partner agreements, as long as the Administrator determines that the shuttle can safely enable the United States to do so;
(2) be used for a diverse range of microgravity research, including fundamental, applied, and commercial research, consistent with section 40904 of this title;
(3) have an ability to support a crew size of at least 6 persons, unless the Administrator transmits to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 60 days after December 30, 2005, a report explaining why such a requirement should not be met, the impact of not meeting the requirement on the International Space Station research agenda and operations and international partner agreements, and what additional funding or other steps would be required to have an ability to support a crew size of at least 6 persons;
(4) support Crew Exploration Vehicle docking and automated docking of cargo vehicles or modules launched by either heavy-lift or commercially-developed launch vehicles;
(5) support any diagnostic human research, on-orbit characterization of molecular crystal growth, cellular research, and other research that the Administration believes is necessary to conduct, but for which the Administration lacks the capacity to return the materials that need to be analyzed to Earth; and
(6) be operated at an appropriate risk level.
(c)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3437.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70904 | 42 U.S.C. 16765. | 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.
Statutory Notes and Related Subsidiaries
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)
(1) by the United States; or
(2) for the United States by other nations in exchange for funds or launch services.
(b)
(c)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3437.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70905(a) | 42 U.S.C. 16767(d). | Pub. L. 109–155, title V, §507(a), (b), (d), Dec. 30, 2005, 119 Stat. 2930, 2931. |
| 70905(b) | 42 U.S.C. 16767(a). | |
| 70905(c) | 42 U.S.C. 16767(b). |
§70906. International Space Station National Laboratory Advisory Committee
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3438; Pub. L. 117–286, §4(a)(327), Dec. 27, 2022, 136 Stat. 4342.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70906 | 42 U.S.C. 17752. | 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 reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422, 122 Stat. 4779).
Editorial Notes
Amendments
2022—Subsec. (a). Pub. L. 117–286 substituted "chapter 10 of title 5" for "the Federal Advisory Committee Act".
§70907. Maintaining use through at least 2030
(a)
(b)
(1) remains viable as an element of overall exploration and partnership strategies and approaches;
(2) is considered for use by all NASA mission directorates, as appropriate, for technically appropriate scientific data gathering or technology risk reduction demonstrations; and
(3) remains an effective, functional vehicle providing research and test bed capabilities for the United States through at least September 30, 2030.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3438; Pub. L. 114–90, title I, §114(b)(4), Nov. 25, 2015, 129 Stat. 716; Pub. L. 117–167, div. B, title VII, §10815(d)(1), Aug. 9, 2022, 136 Stat. 1738.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70907 | 42 U.S.C. 17751(a). | Pub. L. 110–422, title VI, §601(a), Oct. 15, 2008, 122 Stat. 4793. |
Editorial Notes
Amendments
2022—Pub. L. 117–167, §10815(d)(1)(A), substituted "2030" for "2024" in section catchline.
Subsec. (a). Pub. L. 117–167, §10815(d)(1)(B), substituted "September 30, 2030" for "September 30, 2024".
Subsec. (b)(3). Pub. L. 117–167, §10815(d)(1)(C), substituted "September 30, 2030" for "September 30, 2024".
2015—Pub. L. 114–90 amended section generally. Prior to amendment, section related to maintaining the International Space Station as a viable and productive facility capable of potential United States utilization through at least 2020.
CHAPTER 711—NEAR-EARTH OBJECTS
Statutory Notes and Related Subsidiaries
Planetary Defense Coordination Office
Pub. L. 117–167, div. B, title VII, §10825, Aug. 9, 2022, 136 Stat. 1744, provided that:
"(a)
"(1) Near-Earth objects remain a threat to the United States.
"(2) Section 321(d)(1) of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2922; 51 U.S.C. 71101 note prec.) [set out below], established a requirement that the Administrator [of the National Aeronautics and Space Administration] plan, develop, and implement a Near-Earth Object Survey program to detect, track, catalogue, and characterize the physical characteristics of near-Earth objects equal to, or greater than, 140 meters in diameter in order to assess the threat of such near-Earth objects to the Earth, with the goal of 90 percent completion of the catalogue of such near-Earth objects by December 30, 2020.
"(3) The goal described in paragraph (2) has not be met.
"(4) The report of the National Academies of Sciences, Engineering, and Medicine entitled 'Finding Hazardous Asteroids Using Infrared and Visible Wavelength Telescopes', issued in 2019, states that—
"(A) NASA [National Aeronautics and Space Administration] should develop and launch a dedicated space-based infrared survey telescope to meet the requirements of section 321(d)(1) of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2922; 51 U.S.C. 71101 note prec.); and
"(B) the early detection of potentially hazardous near-Earth objects enabled by a space-based infrared survey telescope is important to enable deflection of a dangerous asteroid.
"(b)
"(1) to plan, develop, and implement a program to survey threats posed by near-Earth objects equal to or greater than 140 meters in diameter, as required by section 321(d)(1) of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2922; 51 U.S.C. 71101 note prec.);
"(2) identify, track, and characterize potentially hazardous near-Earth objects, issue warnings of the effects of potential impacts of such objects, and investigate strategies and technologies for mitigating the potential impacts of such objects; and
"(3) assist in coordinating government planning for response to a potential impact of a near-Earth object.
"(c)
"(1)
"(A) the Near-Earth Object Surveyor mission, as designed, is anticipated to make significant progress toward carrying out congressional policy and direction, as set forth in section 321(d)(1) of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2922; 51 U.S.C. 71101 note prec.), to detect 90 percent of near-Earth objects equal to, or greater than, 140 meters in diameter; and
"(B) the Administrator should prioritize the public safety role of the Near-Earth Object Surveyor mission and should not delay the development and launch of the mission due to cost growth on other planetary science missions.
"(2)
"(A)
"(B)
"(d) Annual Report.—[Amended section 321(f) of Pub. L. 109–155, set out below.]
"(e)
George E. Brown, Jr. Near-Earth Object Survey
Pub. L. 109–155, title III, §321, Dec. 30, 2005, 119 Stat. 2922, as amended by Pub. L. 115–10, title V, §511, Mar. 21, 2017, 131 Stat. 51; Pub. L. 117–167, div. B, title VII, §10825(d), Aug. 9, 2022, 136 Stat. 1745, provided that:
"(a)
"(b)
"(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)
"(d)
"(1)
"(2) [Amended former section 2451 of Title 42, The Public Health and Welfare.]
"(3)
"(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)
"(A) An analysis of possible alternatives that NASA may employ to carry out the Survey program, including ground-based and space-based alternatives with technical descriptions.
"(B) A recommended option and proposed budget to carry out the Survey program pursuant to the recommended option.
"(C) Analysis of possible alternatives that NASA could employ to divert an object on a likely collision course with Earth.
"(e)
"(1) recommendations for carrying out the Survey program and an associated proposed budget;
"(2) an analysis of possible options that the Administration could employ to divert an object on a likely collision course with Earth; and
"(3) a description of the status of efforts to coordinate and cooperate with other countries to discover hazardous asteroids and comets, plan a mitigation strategy, and implement that strategy in the event of the discovery of an object on a likely collision course with Earth.
"(f)
"(1) A summary of all activities carried out by the Planetary Defense Coordination Office established under section 10825 of the National Aeronautics and Space Administration Authorization Act of 2022 [Pub. L. 117–167, set out above] since the date of enactment of that Act.
"(2) A description of the progress with respect to the design, development, and launch of the space-based infrared survey telescope required by section 10825(c) of the National Aeronautics and Space Administration Authorization Act of 2022.
"(3) An assessment of the progress toward meeting the requirements under subsection (d)(1).
"(4) A description of the status of efforts to coordinate and cooperate with other countries to detect hazardous asteroids and comets, plan a mitigation strategy, and implement that strategy in the event of the discovery of an object on a likely collision course with Earth.
"(5) A summary of expenditures for all activities carried out by the Planetary Defense Coordination Office since the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2022[.]
"(g)
"(1) to accelerate the survey described in subsection (d); and
"(2) to expand the Administration's Near-Earth Object Program to include the detection, tracking, cataloguing, and characterization of potentially hazardous near-Earth objects less than 140 meters in diameter.
"(h)
§71101. Reaffirmation of policy
Congress reaffirms the policy set forth in section 20102(g) of this title (relating to surveying near-Earth asteroids and comets).
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3439.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 71101 | 42 U.S.C. 17791(a). | Pub. L. 110–422, title VIII, §801(a), Oct. 15, 2008, 122 Stat. 4803. |
Statutory Notes and Related Subsidiaries
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 near-Earth object with Earth is measured in decades.
"(5) Unlike earthquakes and hurricanes, asteroids and comets can provide adequate collision information, enabling the United States to include both asteroid-collision and comet-collision disaster recovery and disaster avoidance in its public-safety structure.
"(6) Basic information is needed for technical and policy 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 analysis 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 71102 | 42 U.S.C. 17793. | Pub. L. 110–422, title VIII, §803, Oct. 15, 2008, 122 Stat. 4803. |
1 So in original. The comma probably should be preceded by "to".
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 71103 | 42 U.S.C. 17794. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 71104 | 42 U.S.C. 17795. | Pub. L. 110–422, title VIII, §805, Oct. 15, 2008, 122 Stat. 4804. |
CHAPTER 713—COOPERATION FOR SAFETY AMONG SPACEFARING NATIONS
§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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 71301 | 42 U.S.C. 17734. | 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 71302 | 42 U.S.C. 17821(b). | Pub. L. 110–422, title XI, §1102(b), Oct. 15, 2008, 122 Stat. 4808. |
Statutory Notes and Related Subsidiaries
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."
Executive Documents
Space Policy Directive–3. National Space Traffic Management Policy
Space Policy Directive–3, June 18, 2018, 83 F.R. 28969, provided:
Memorandum for the Vice President[,] the Secretary of State[,] the Secretary of Defense[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Homeland Security[,] the Director of National Intelligence[,] the Director of the Office of Management and Budget[,] the Assistant to the President for National Security Affairs[,] the Administrator of the National Aeronautics and Space Administration[,] the Director of the Office of Science and Technology Policy[,] the Deputy Assistant to the President for Homeland Security and Counterterrorism[, and] the Chairman of the Joint Chiefs of Staff
Today, space is becoming increasingly congested and contested, and that trend presents challenges for the safety, stability, and sustainability of U.S. space operations. Already, the Department of Defense (DoD) tracks over 20,000 objects in space, and that number will increase dramatically as new, more capable sensors come online and are able to detect smaller objects. DoD publishes a catalog of space objects and makes notifications of potential conjunctions (that is, two or more objects coming together at the same or nearly the same point in time and space). As the number of space objects increases, however, this limited traffic management activity and architecture will become inadequate. At the same time, the contested nature of space is increasing the demand for DoD focus on protecting and defending U.S. space assets and interests.
The future space operating environment will also be shaped by a significant increase in the volume and diversity of commercial activity in space. Emerging commercial ventures such as satellite servicing, debris removal, in-space manufacturing, and tourism, as well as new technologies enabling small satellites and very large constellations of satellites, are increasingly outpacing efforts to develop and implement government policies and processes to address these new activities.
To maintain U.S. leadership in space, we must develop a new approach to space traffic management (STM) that addresses current and future operational risks. This new approach must set priorities for space situational awareness (SSA) and STM innovation in science and technology (S&T), incorporate national security considerations, encourage growth of the U.S. commercial space sector, establish an updated STM architecture, and promote space safety standards and best practices across the international community.
The United States recognizes that spaceflight safety is a global challenge and will continue to encourage safe and responsible behavior in space while emphasizing the need for international transparency and STM data sharing. Through this national policy for STM and other national space strategies and policies, the United States will enhance safety and ensure continued leadership, preeminence, and freedom of action in space.
(a) Space Situational Awareness shall mean the knowledge and characterization of space objects and their operational environment to support safe, stable, and sustainable space activities.
(b) Space Traffic Management shall mean the planning, coordination, and on-orbit synchronization of activities to enhance the safety, stability, and sustainability of operations in the space environment.
(c) Orbital debris, or space debris, shall mean any human-made space object orbiting Earth that no longer serves any useful purpose.
(a) Safety, stability, and operational sustainability are foundational to space activities, including commercial, civil, and national security activities. It is a shared interest and responsibility of all spacefaring nations to create the conditions for a safe, stable, and operationally sustainable space environment.
(b) Timely and actionable SSA data and STM services are essential to space activities. Consistent with national security constraints, basic U.S. Government-derived SSA data and basic STM services should be available free of direct user fees.
(c) Orbital debris presents a growing threat to space operations. Debris mitigation guidelines, standards, and policies should be revised periodically, enforced domestically, and adopted internationally to mitigate the operational effects of orbital debris.
(d) A STM framework consisting of best practices, technical guidelines, safety standards, behavioral norms, pre-launch risk assessments, and on-orbit collision avoidance services is essential to preserve the space operational environment.
(a) Advance SSA and STM Science and Technology. The United States should continue to engage in and enable S&T research and development to support the practical applications of SSA and STM. These activities include improving fundamental knowledge of the space environment, such as the characterization of small debris, advancing the S&T of critical SSA inputs such as observational data, algorithms, and models necessary to improve SSA capabilities, and developing new hardware and software to support data processing and observations.
(b) Mitigate the effect of orbital debris on space activities. The volume and location of orbital debris are growing threats to space activities. It is in the interest of all to minimize new debris and mitigate effects of existing debris. This fact, along with increasing numbers of active satellites, highlights the need to update existing orbital debris mitigation guidelines and practices to enable more efficient and effective compliance, and establish standards that can be adopted internationally. These trends also highlight the need to establish satellite safety design guidelines and best practices.
(c) Encourage and facilitate U.S. commercial leadership in S&T, SSA, and STM. Fostering continued growth and innovation in the U.S. commercial space sector, which includes S&T, SSA, and STM activities, is in the national interest of the United States. To achieve this goal, the U.S. Government should streamline processes and reduce regulatory burdens that could inhibit commercial sector growth and innovation, enabling the U.S. commercial sector to continue to lead the world in STM-related technologies, goods, data, and services on the international market.
(d) Provide U.S. Government-supported basic SSA data and basic STM services to the public. The United States should continue to make available basic SSA data and basic STM services (including conjunction and reentry notifications) free of direct user fees while supporting new opportunities for U.S. commercial and non-profit SSA data and STM services.
(e) Improve SSA data interoperability and enable greater SSA data sharing. SSA data must be timely and accurate. It is in the national interest of the United States to improve SSA data interoperability and enable greater SSA data sharing among all space operators, consistent with national security constraints. The United States should seek to lead the world in the development of improved SSA data standards and information sharing.
(f) Develop STM standards and best practices. As the leader in space, the United States supports the development of operational standards and best practices to promote safe and responsible behavior in space. A critical first step in carrying out that goal is to develop U.S.-led minimum safety standards and best practices to coordinate space traffic. U.S. regulatory agencies should, as appropriate, adopt these standards and best practices in domestic regulatory frameworks and use them to inform and help shape international consensus practices and standards.
(g) Prevent unintentional radio frequency (RF) interference. Growing orbital congestion is increasing the risk to U.S. space assets from unintentional RF interference. The United States should continue to improve policies, processes, and technologies for spectrum use (including allocations and licensing) to address these challenges and ensure appropriate spectrum use for current and future operations.
(h) Improve the U.S. domestic space object registry. Transparency and data sharing are essential to safe, stable, and sustainable space operations. Consistent with national security constraints, the United States should streamline the interagency process to ensure accurate and timely registration submissions to the United Nations (UN), in accordance with our international obligations under the Convention on Registration of Objects Launched into Outer Space.
(i) Develop policies and regulations for future U.S. orbital operations. Increasing congestion in key orbits and maneuver-based missions such as servicing, survey, and assembly will drive the need for policy development for national security, civil, and commercial sector space activities. Consistent with U.S. law and international obligations, the United States should regularly assess existing guidelines for non-government orbital activities, and maintain a timely and responsive regulatory environment for licensing these activities.
(a) Managing the Integrity of the Space Operating Environment.
(i) Improving SSA coverage and accuracy. Timely, accurate, and actionable data are essential for effective SSA and STM. The United States should seek to minimize deficiencies in SSA capability, particularly coverage in regions with limited sensor availability and sensitivity in detection of small debris, through SSA data sharing, the purchase of SSA data, or the provision of new sensors.
New U.S. sensors are expected to reveal a substantially greater volume of debris and improve our understanding of space object size distributions in various regions of space. However, very small debris may not be sufficiently tracked to enable or justify actionable collision avoidance decisions. As a result, close conjunctions and even collisions with unknown objects are possible, and satellite operators often lack sufficient insight to assess their level of risk when making maneuvering decisions. The United States should develop better tracking capabilities, and new means to catalog such debris, and establish a quality threshold for actionable collision avoidance warning to minimize false alarms.
Through both Government and commercial sector S&T investment, the United States should advance concepts and capabilities to improve SSA in support of debris mitigation and collision avoidance decisions.
(ii) Establishing an Open Architecture SSA Data Repository. Accurate and timely tracking of objects orbiting Earth is essential to preserving the safety of space activities for all. Consistent with section 2274 of title 10, United States Code, a basic level of SSA data in the form of the publicly releasable portion of the DoD catalog is and should continue to be provided free of direct user fees. As additional sources of space tracking data become available, the United States has the opportunity to incorporate civil, commercial, international, and other available data to allow users to enhance and refine this service. To facilitate greater data sharing with satellite operators and enable the commercial development of enhanced space safety services, the United States must develop the standards and protocols for creation of an open architecture data repository. The essential features of this repository would include:
• Data integrity measures to ensure data accuracy and availability;
• Data standards to ensure sufficient quality from diverse sources;
• Measures to safeguard proprietary or sensitive data, including national security information;
• The inclusion of satellite owner-operator ephemerides to inform orbital location and planned maneuvers; and
• Standardized formats to enable development of applications to leverage the data.
To facilitate this enhanced data sharing, and in recognition of the need for DoD to focus on maintaining access to and freedom of action in space, a civil agency should, consistent with applicable law, be responsible for the publicly releasable portion of the DoD catalog and for administering an open architecture data repository. The Department of Commerce should be that civil agency.
(iii) Mitigating Orbital Debris. It is in the interest of all space operators to minimize the creation of new orbital debris. Rapid international expansion of space operations and greater diversity of missions have rendered the current U.S. Government Orbital Debris Mitigation Standard Practices (ODMSP) inadequate to control the growth of orbital debris. These standard practices should be updated to address current and future space operating environments. The United States should develop a new protocol of standard practices to set broader expectations of safe space operations in the 21st century. This protocol should begin with updated ODMSP, but also incorporate sections to address operating practices for large constellations, rendezvous and proximity operations, small satellites, and other classes of space operations. These overarching practices will provide an avenue to promote efficient and effective space safety practices with U.S. industry and internationally.
The United States should pursue active debris removal as a necessary long-term approach to ensure the safety of flight operations in key orbital regimes. This effort should not detract from continuing to advance international protocols for debris mitigation associated with current programs.
(b) Operating in a Congested Space Environment.
(i) Minimum Safety Standards and Best Practices. The creation of minimum standards for safe operation and debris mitigation derived in part from the U.S. Government ODMSP, but incorporating other standards and best practices, will best ensure the safe operation of U.S. space activities. These safety guidelines should consider maneuverability, tracking, reliability, and disposal.
The United States should eventually incorporate appropriate standards and best practices into Federal law and regulation through appropriate rulemaking or licensing actions. These guidelines should encompass protocols for all stages of satellite operation from design through end-of-life.
Satellite and constellation owners should participate in a pre-launch certification process that should, at a minimum, consider the following factors:
• Coordination of orbit utilization to prevent conjunctions;
• Constellation owner-operators' management of self-conjunctions;
• Owner-operator notification of planned maneuvers and sharing of satellite orbital location data;
• On-orbit tracking aids, including beacons or sensing enhancements, if such systems are needed;
• Encryption of satellite command and control links and data protection measures for ground site operations;
• Appropriate minimum reliability based on type of mission and phase of operations;
• Effect on the national security or foreign policy interests of the United States, or international obligations; and
• Self-disposal upon the conclusion of operational lifetime, or owner-operator provision for disposal using active debris removal methods.
(ii) On-Orbit Collision Avoidance Support Service. Timely warning of potential collisions is essential to preserving the safety of space activities for all. Basic collision avoidance information services are and should continue to be provided free of direct user fees. The imminent activation of more sensitive tracking sensors is expected to reveal a significantly greater population of the existing orbital debris background as well as provide an improved ability to track currently catalogued objects. Current and future satellites, including large constellations of satellites, will operate in a debris environment much denser than presently tracked. Preventing on-orbit collisions in this environment requires an information service that shares catalog data, predicts close approaches, and provides actionable warnings to satellite operators. The service should provide data to allow operators to assess proposed maneuvers to reduce risk. To provide on-orbit collision avoidance, the United States should:
• Provide services based on a continuously updated catalog of satellite tracking data;
• Utilize automated processes for collision avoidance;
• Provide actionable and timely conjunction assessments; and
• Provide data to operators to enable assessment of maneuver plans.
To ensure safe coordination of space traffic in this future operating environment, and in recognition of the need for DoD to focus on maintaining access to and freedom of action in space, a civil agency should be the focal point for this collision avoidance support service. The Department of Commerce should be that civil agency.
(c) Strategies for Space Traffic Management in a Global Context.
(i) Protocols to Prevent Orbital Conjunctions. As increased satellite operations make lower Earth orbits more congested, the United States should develop a set of standard techniques for mitigating the collision risk of increasingly congested orbits, particularly for large constellations. Appropriate methods, which may include licensing assigned volumes for constellation operation and establishing processes for satellites passing through the volumes, are needed. The United States should explore strategies that will lead to the establishment of common global best practices, including:
• A common process addressing the volume of space used by a large constellation, particularly in close proximity to an existing constellation;
• A common process by which individual spacecraft may transit volumes used by existing satellites or constellations; and
• A set of best practices for the owner-operators of utilized volumes to minimize the long-term effects of constellation operations on the space environment (including the proper disposal of satellites, reliability standards, and effective collision avoidance).
(ii) Radio Frequency Spectrum and Interference Protection. Space traffic and RF spectrum use have traditionally been independently managed processes. Increased congestion in key orbital regimes creates a need for improved and increasingly dynamic methods to coordinate activities in both the physical and spectral domains, and may introduce new interdependencies. U.S. Government efforts in STM should address the following spectrum management considerations:
• Where appropriate, verify consistency between policy and existing national and international regulations and goals regarding global access to, and operation in, the RF spectrum for space services;
• Investigate the advantages of addressing spectrum in conjunction with the development of STM systems, standards, and best practices;
• Promote flexible spectrum use and investigate emerging technologies for potential use by space systems; and
• Ensure spectrum-dependent STM components, such as inter-satellite safety communications and active debris removal systems, can successfully access the required spectrum necessary to their missions.
(iii) Global Engagement. In its role as a major spacefaring nation, the United States should continue to develop and promote a range of norms of behavior, best practices, and standards for safe operations in space to minimize the space debris environment and promote data sharing and coordination of space activities. It is essential that other spacefaring nations also adopt best practices for the common good of all spacefaring states. The United States should encourage the adoption of new norms of behavior and best practices for space operations by the international community through bilateral and multilateral discussions with other spacefaring nations, and through U.S. participation in various organizations such as the Inter-Agency Space Debris Coordination Committee, International Standards Organization, Consultative Committee for Space Data Systems, and UN Committee on the Peaceful Uses of Outer Space.
(a) Advance SSA and STM S&T. Members of the National Space Council, or their delegees, shall coordinate, prioritize, and advocate for S&T, SSA, and STM, as appropriate, as it relates to their respective missions. They should seek opportunities to engage with the commercial sector and academia in pursuit of this goal.
(b) Mitigate the Effect of Orbital Debris on Space Activities.
(i) The Administrator of the National Aeronautics and Space Administration (NASA Administrator), in coordination with the Secretaries of State, Defense, Commerce, and Transportation, and the Director of National Intelligence, and in consultation with the Chairman of the Federal Communications Commission (FCC), shall lead efforts to update the U.S. Orbital Debris Mitigation Standard Practices and establish new guidelines for satellite design and operation, as appropriate and consistent with applicable law.
(ii) The Secretaries of Commerce and Transportation, in consultation with the Chairman of the FCC, will assess the suitability of incorporating these updated standards and best practices into their respective licensing processes, as appropriate and consistent with applicable law.
(c) Encourage and Facilitate U.S. Commercial Leadership in S&T, SSA, and STM. The Secretary of Commerce, in coordination with the Secretaries of Defense and Transportation, and the NASA Administrator, shall lead efforts to encourage and facilitate continued U.S. commercial leadership in SSA, STM, and related S&T.
(d) Provide U.S. Government-Derived Basic SSA Data and Basic STM Services to the Public.
(i) The Secretaries of Defense and Commerce, in coordination with the Secretaries of State and Transportation, the NASA Administrator, and the Director of National Intelligence, should cooperatively develop a plan for providing basic SSA data and basic STM services either directly or through a partnership with industry or academia, consistent with the guidelines of sections 5(a)(ii) and 5(b)(ii) of this memorandum.
(ii) The Secretary of Defense shall maintain the authoritative catalog of space objects.
(iii) The Secretaries of Defense and Commerce shall assess whether statutory and regulatory changes are necessary to effect the plan developed under subsection (d)(i) of this section, and shall pursue such changes, along with any other needed changes, as appropriate.
(e) Improve SSA Data Interoperability and Enable Greater SSA Data Sharing.
(i) The Secretary of Commerce, in coordination with the Secretaries of State, Defense, and Transportation, the NASA Administrator, and the Director of National Intelligence, shall develop standards and protocols for creation of an open architecture data repository to improve SSA data interoperability and enable greater SSA data sharing.
(ii) The Secretary of Commerce shall develop options, either in-house or through partnerships with industry or academia, assessing both the technical and economic feasibility of establishing such a repository.
(iii) The Secretary of Defense shall ensure that release of data regarding national security activities to any person or entity with access to the repository is consistent with national security interests.
(f) Develop Space Traffic Standards and Best Practices. The Secretaries of Defense, Commerce, and Transportation, in coordination with the Secretary of State, the NASA Administrator, and the Director of National Intelligence, and in consultation with the Chairman of the FCC, shall develop space traffic standards and best practices, including technical guidelines, minimum safety standards, behavioral norms, and orbital conjunction prevention protocols related to pre-launch risk assessment and on-orbit collision avoidance support services.
(g) Prevent Unintentional Radio Frequency Interference. The Secretaries of Commerce and Transportation, in coordination with the Secretaries of State and Defense, the NASA Administrator, and the Director of National Intelligence, and in consultation with the Chairman of the FCC, shall coordinate to mitigate the risk of harmful interference and promptly address any harmful interference that may occur.
(h) Improve the U.S. Domestic Space Object Registry. The Secretary of State, in coordination with the Secretaries of Defense, Commerce, and Transportation, the NASA Administrator, and the Director of National Intelligence, and in consultation with the Chairman of the FCC, shall lead U.S. Government efforts on international engagement related to international transparency and space object registry on SSA and STM issues.
(i) Develop Policies and Regulations for Future U.S. Orbital Operations. The Secretaries of Defense, Commerce, and Transportation, in coordination with the Secretary of State, the NASA Administrator, and the Director of National Intelligence, shall regularly evaluate emerging trends in space missions to recommend revisions, as appropriate and necessary, to existing SSA and STM policies and regulations.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Commerce is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.