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
Amendments
2010—Pub. L. 111–314, §4(d)(7), Dec. 18, 2010, 124 Stat. 3443, added items 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 | 10101note |
| 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 |
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.
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.
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. 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
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.
(e)
(f)
(g)
(h)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3330.)
| 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”.
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.”
§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. |
Users’ Advisory Group
Pub. L. 101–611, title I, §121, Nov. 16, 1990, 104 Stat. 3204, 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.”
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. Establishing the National Space Council
Ex. Ord. No. 12675, Apr. 20, 1989, 54 F.R. 17691, as amended by Ex. Ord. No. 12712, Apr. 26, 1990, 55 F.R. 18095; Ex. Ord. No. 12869, §4(f), Sept. 30, 1993, 58 F.R. 51752, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to provide a coordinated process for developing a national space policy and strategy and for monitoring its implementation, it is hereby ordered as follows:
(a) There is established the National Space Council (“the Council”).
(b) The Council shall be composed of the following members:
(1) The Vice President, who shall be Chairman of the Council;
(2) The Secretary of State;
(3) The Secretary of the Treasury;
(4) The Secretary of Defense;
(5) The Secretary of Commerce;
(6) The Secretary of Transportation;
(7) The Secretary of Energy;
(8) The Director of the Office of Management and Budget;
(9) The Chief of Staff to the President;
(10) The Assistant to the President for National Security Affairs;
(11) The Assistant to the President for Science and Technology;
(12) The Director of Central Intelligence; and
(13) The Administrator of the National Aeronautics and Space Administration.
(c) The Chairman shall, from time to time, invite the following to participate in meetings of the Council:
(1) The Chairman of the Joint Chiefs of Staff; and
(2) The heads of other executive departments and agencies and other senior officials in the Executive Office of the President.
(b) In addition, the Council is directed to:
(1) review United States Government space policy, including long-range goals, and develop a strategy for national space activities;
(2) develop recommendations for the President on space policy and space-related issues;
(3) monitor and coordinate implementation of the objectives of the President's national space policy by executive departments and agencies; and
(4) foster close coordination, cooperation, and technology and information exchange among the civil, national security, and commercial space sectors, and facilitate resolution of differences concerning major space and space-related policy issues.
(c) The creation and operation of the Council shall not interfere with existing lines of authority and responsibilities in the departments and agencies.
(b) The Chairman shall, in consultation with the members of the Council, establish procedures for the Council and establish the agenda for Council activities.
(c) The Chairman shall report to the President on the activities and recommendations of the Council. The Chairman shall advise the Council as appropriate regarding the President's directions with respect to the Council's activities and national space policy generally.
(d) The Chairman shall authorize the establishment of such committees of the Council, including an executive committee, and of such working groups, composed of senior designees of the Council members and of other officials invited to participate in Council meetings, as he deems necessary or appropriate for the efficient conduct of Council functions.
(b) To implement this process, each agency represented on the Council shall provide such information regarding its current and planned space activities as the Chairman shall request.
(c) The head of each executive department and agency shall ensure that its space-related activities conform to national space policy and strategy.
(b) The President shall appoint an Executive Secretary who shall appoint such staff as may be necessary to assist in the performance of the Council's functions.
(c) All Federal departments, agencies, and interagency councils and committees having an impact on space policy shall extend, as appropriate, such cooperation and assistance to the Council as is necessary to carry out its responsibilities under this order.
(d) The head of each agency serving on the Council or represented on any working group or committee of the Council shall provide such administrative support as may be necessary, in accordance with law and subject to the availability of appropriations, to enable the agency head or its representative to carry out his responsibilities.
§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.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3333.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20113 | 42 U.S.C. 2473(c). | Pub. L. 85–568, title II, §203(c), formerly §203(b), July 29, 1958, 72 Stat. 429; Pub. L. 86–20, May 13, 1959, 73 Stat. 21; Pub. L. 86–481, §5, June 1, 1960, 74 Stat. 153; Pub. L. 87–367, title II, §206(a), Oct. 4, 1961, 75 Stat. 791; Pub. L. 87–584, §6, Aug. 14, 1962, 76 Stat. 384; Pub. L. 87–793, §1001(f), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88–426, title III, §306(d), Aug. 14, 1964, 78 Stat. 429; Pub. L. 88–448, title IV, §402(a)(34), Aug. 10, 1964, 78 Stat. 495; Pub. L. 91–646, title II, §220(a)(2), Jan. 2, 1971, 84 Stat. 1903; Pub. L. 93–74, §6, July 23, 1973, 87 Stat. 174; Pub. L. 93–316, §6, June 22, 1974, 88 Stat. 243; renumbered §203(c), Pub. L. 93–409, §4, Sept. 3, 1974, 88 Stat. 1070; Pub. L. 96–48, §6(a), Aug. 8, 1979, 93 Stat. 348; Pub. L. 108–201, §2(a), Feb. 24, 2004, 118 Stat. 461. |
In subsection (b), in the matter before paragraph (1), the words “chapter 51 and subchapter III of chapter 53 of title 5” are substituted for “the Classification Act of 1949, as amended” on authority of section 7(b) of Public Law 89–554 (80 Stat. 631), the first section of which enacted Title 5, Government Organization and Employees.
In subsection (c)(2), the words “section 8141 of title 40” are substituted for “the Act of March 3, 1877 (40 U.S.C. 34)” on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.
In subsection (c)(4), the words “in accordance with the provisions of chapters 1 to 11 of title 40 and in accordance with title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” are substituted for “in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.)” on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.
In subsection (e), the words “subsections (a) and (b) of section 3324 of title 31” are substituted for “section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)” on authority of section 4(b) of Public Law 97–258 (96 Stat. 1067), the first section of which enacted Title 31, Money and Finance.
In subsection (i), the words “maximum rate payable under section 5376 of title 5” are substituted for “rate for GS–18” because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (enacted by §529 of Public Law 101–509, 5 U.S.C. 5376 note).
In subsection (k)(1), the words “section 1302 of title 40” are substituted for “section 321 of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303b)” on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.
References in Text
Level III of the Executive Schedule, referred to in subsec. (b)(1), is set out in section 5314 of Title 5, Government Organization and Employees.
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (c)(4), is act June 30, 1949, ch. 288, 63 Stat. 377. Title III of the Act was classified generally to subchapter IV (§251 et seq.) of chapter 4 of former Title 41, Public Contracts, and was substantially repealed and restated in division C (§3101 et seq.) of subtitle I of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1949 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
Purchase of American-Made Equipment and Products
Pub. L. 106–391, title III, §319, Oct. 30, 2000, 114 Stat. 1597, provided that:
“(a)
“(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. |
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.
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).
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.).
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.)
| 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. |
§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.
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).
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)
(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)
(g)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3352.)
| 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).
Deposit of Proceeds
Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. 3144, provided in part: “That hereafter, notwithstanding section 315 of the National Aeronautics and Space Act of 1958 ([former] 42 U.S.C. 2459j) [now 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 ‘
§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. |
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. |
§20302. Vision for space exploration
(a)
(b)
(1) Returning Americans to the Moon no later than 2020.
(2) Launching the Crew Exploration Vehicle as close to 2010 as possible.
(3) Increasing knowledge of the impacts of long duration stays in space on the human body using the most appropriate facilities available, including the International Space Station.
(4) Enabling humans to land on and return from Mars and other destinations on a timetable that is technically and fiscally possible.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3356.)
| 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. |
§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). |
References in Text
Section 101(d) of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16611(d)), referred to in subsec. (c), is section 101(d) of Pub. L. 109–155, title I, Dec. 30, 2005, 119 Stat. 2897, which was omitted from the Code following the enactment of this title by Pub. L. 111–314.
International Space Station's Contribution to National Competitiveness Enhancement
Pub. L. 111–358, title II, §204, Jan. 4, 2011, 124 Stat. 3994, provided that:
“(a)
“(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. |
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)
(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; and
(3) payments received for loss or damage to property of the fund.
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357.)
| 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. |
§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.
Estimates of Receipts and Collections and Proposed Use of Funds From Leases of Non-Excess Property
Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. 3144, 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 315 of the National Aeronautics and Space Act of 1958 ([former] 42 U.S.C. 2459j) [now 51 U.S.C. 20145].”
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.)
| 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).
CHAPTER 303—CONTRACTING AND PROCUREMENT
§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.
§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)).
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.
§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.
§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. |
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. |
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
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)
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).
§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.
§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).
§30504. Assessment of science mission extensions
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3369.)
| 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.
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).
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.
§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.
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).
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. |
§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. |
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 (50 U.S.C. 403–1(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)
(c)
(d)
(e)
(1)
(2)
(f)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3379.)
| 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). |
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).
§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.
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.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3383.)
| 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. |
§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.)
| 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.
References in Text
The Federal Advisory Committee Act, referred to in subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
§40309. Availability of other Federal personnel and data
Each department, agency, or other instrumentality of the Federal Government that is engaged in or concerned with, or that has authority over, matters relating to space—
(1) may, upon a written request from the Administrator, make available, on a reimbursable basis or otherwise, any personnel (with their consent and without prejudice to their position and rating), service, or facility which the Administrator considers necessary to carry out any provision of this chapter;
(2) may, upon a written request from the Administrator, furnish any available data or other information which the Administrator considers necessary to carry out any provision of this chapter; and
(3) may cooperate with the Administration.
(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. |
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). |
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
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, provided that: “Not later than 60 days after the date of enactment of this Act [Dec. 30, 2005], the Administrator [of the National Aeronautics and Space Administration] shall transmit a report to Congress on the legal status of the Motivating Undergraduates in Science and Technology program. If the report concludes that the program is in compliance with the laws of the United States, NASA [National Aeronautics and Space Administration] shall implement the program, as planned in the July 5, 2005, NASA Research Announcement.”
Denial of Financial Assistance to Campus Disrupters
Pub. L. 92–304, §6, May 19, 1972, 86 Stat. 161, provided generally that any institution of higher education deny for a two-year period payment under programs authorized by the National Aeronautics and Space Act of 1958 (see 51 U.S.C. 20101 et seq.) to any individual attending or employed by such institution who has been convicted of any crime committed after May 19, 1972, which involved the use of force, disruption or seizure of property to prevent officers or students from engaging in their duties or pursuing their studies. Similar provisions were contained in the following prior appropriation acts:
Pub. L. 92–68, §6, Aug. 6, 1971, 85 Stat. 177.
Pub. L. 91–303, §6, July 2, 1970, 84 Stat. 372.
Pub. L. 91–119, §7, Nov. 18, 1969, 83 Stat. 201.
§40901. Science, Space, and Technology Education Trust Fund
There is appropriated, by transfer from funds appropriated in the Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1989 (Public Law 100–404, 102 Stat. 1014), for “Construction of facilities”, the sum of $15,000,000 to the “Science, Space, and Technology Education Trust Fund”, which is hereby established in the Treasury of the United States. The Secretary of the Treasury shall invest these funds in the United States Treasury special issue securities, and interest shall be credited to the Trust Fund on a quarterly basis. Such interest shall be available for the purpose of making grants for programs directed at improving science, space, and technology education in the United States. The Administrator, after consultation with the Director of the National Science Foundation, shall review applications made for such grants and determine the distribution of available funds on a competitive basis. Grants shall be made available to any awardee only to the extent that the awardee provides matching funds from non-Federal sources to carry out the program for which grants from this Trust Fund are made. Of the funds made available by this Trust Fund, $250,000 shall be disbursed each calendar quarter to the Challenger Center for Space Science Education. The Administrator shall submit to Congress an annual report on the grants made pursuant to this section.
(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)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3391.)
| 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.
§40903. Experimental 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.)
| 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.
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).
§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. |
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. |
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
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.
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)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3396.)
| 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).
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.
§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. |
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.)
| 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. |
§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.)
| 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). |
§50116. Commercial technology transfer program
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3399.)
| 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).
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.)
| 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).
§50132. Acquisition of commercial space transportation services
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3400.)
| 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. |
§50133. Shuttle privatization
The Administrator shall prepare for an orderly transition from the Federal operation, or Federal management of contracted operation, of space transportation systems to the Federal purchase of commercial space transportation services for all nonemergency space transportation requirements for transportation to and from Earth orbit, including human, cargo, and mixed payloads. In those preparations, the Administrator shall take into account the need for short-term economies, as well as the goal of restoring the Administration's research focus and its mandate to promote the fullest possible commercial use of space. As part of those preparations, the Administrator shall plan for the potential privatization of the space shuttle program. Such plan shall keep safety and cost effectiveness as high priorities. Nothing in this section shall prohibit the Administration from studying, designing, developing, or funding upgrades or modifications essential to the safe and economical operation of the space shuttle fleet.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3400.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50133 | 42 U.S.C. 14733(a). | Pub. L. 105–303, title II, §204(a), Oct. 28, 1998, 112 Stat. 2856. |
§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).
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. |
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.
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. |
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).
§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 COMMERCIALIZATION
§50701. Definition of Office
In this chapter, the term “Office” means the Office of Space Commercialization established in section 50702 of this title.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3408.)
| 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.
§50702. Establishment
(a)
(b)
(c)
(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.)
| 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. |
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)
§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).
CHAPTER 509—COMMERCIAL SPACE LAUNCH ACTIVITIES
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 or space flight participants to avoidable risks as the public comes to expect greater safety for crew and space flight participants from the industry.
(b)
(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.)
| 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.
Amendments
2010—Pub. L. 111–314 successively renumbered section 70101 of title 49 and section 70101 of this title as this section.
2004—Subsec. (a)(3). Pub. L. 108–492, §2(a)(1), inserted “human space flight,” after “microgravity research,”.
Subsec. (a)(4). Pub. L. 108–492, §2(a)(2), struck out “satellite” after “providing private” and substituted “capabilities of” for “services now available from”.
Subsec. (a)(10) to (15). Pub. L. 108–492, §2(a)(3)–(5), added pars. (10) to (15).
Subsec. (b)(2)(C). Pub. L. 108–492, §2(a)(6), added subpar. (C).
Subsec. (b)(3). Pub. L. 108–492, §2(a)(7), substituted “issue permits and commercial licenses and transfer” for “issue and transfer”.
1998—Subsec. (a)(3). Pub. L. 105–303, §102(a)(2)(A), inserted “microgravity research,” after “information services,”.
Subsec. (a)(4). Pub. L. 105–303, §102(a)(2)(B), inserted “, reentry,” after “launching” in two places.
Subsec. (a)(5). Pub. L. 105–303, §102(a)(2)(C), inserted “, reentry vehicles,” after “launch vehicles”.
Subsec. (a)(6). Pub. L. 105–303, §102(a)(2)(D), inserted “and reentry services” after “launch services”.
Subsec. (a)(7). Pub. L. 105–303, §102(a)(2)(E), inserted “, reentries,” after “launches” in two places.
Subsec. (a)(8). Pub. L. 105–303, §102(a)(2)(F), (G), inserted “, reentry sites,” after “launch sites” and “and reentry services” after “launch services”.
Subsec. (a)(9). Pub. L. 105–303, §102(a)(2)(H), (I), inserted “reentry sites,” after “launch sites,” and “and reentry site” after “launch site”.
Subsec. (b)(2). Pub. L. 105–303, §102(a)(2)(J), inserted “, reentry vehicles,” after “launch vehicles” in introductory provisions.
Subsec. (b)(2)(A). Pub. L. 105–303, §102(a)(2)(K), struck out “launch” before “licenses”.
Subsec. (b)(3). Pub. L. 105–303, §102(a)(2)(L), (M), inserted “and reentry” after “conduct of commercial launch” and struck out “launch” before “licenses”.
Subsec. (b)(4). Pub. L. 105–303, §102(a)(2)(N), inserted “and development of reentry sites,” after “launch-site support facilities,”.
Findings
Pub. L. 106–405, §2, Nov. 1, 2000, 114 Stat. 1751, provided that: “The Congress finds that—
“(1) a robust United States space transportation industry is vital to the Nation's economic well-being and national security;
“(2) enactment of a 5-year extension of the excess third party claims payment provision of [former] chapter 701 of title 49, United States Code [now 51 U.S.C. 50901 et seq.] (Commercial Space Launch Activities), will have a beneficial impact on the international competitiveness of the United States space transportation industry;
“(3) space transportation may evolve into 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) “launch” means to place or try to place a launch vehicle or reentry vehicle and any payload, crew, or space flight participant from Earth—
(A) in a suborbital trajectory;
(B) in Earth orbit in outer space; or
(C) otherwise in outer space,
including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States.
(5) “launch property” means an item built for, or used in, the launch preparation or launch of a launch vehicle.
(6) “launch services” means—
(A) activities involved in the preparation of a launch vehicle, payload, crew (including crew training), or space flight participant for launch; and
(B) the conduct of a launch.
(7) “launch site” means the location on Earth from which a launch takes place (as defined in a license the Secretary issues or transfers under this chapter) and necessary facilities at that location.
(8) “launch vehicle” means—
(A) a vehicle built to operate in, or place a payload or human beings in, outer space; and
(B) a suborbital rocket.
(9) “obtrusive space advertising” means advertising in outer space that is capable of being recognized by a human being on the surface of the Earth without the aid of a telescope or other technological device.
(10) “payload” means an object that a person undertakes to place in outer space by means of a launch vehicle or reentry vehicle, including components of the vehicle specifically designed or adapted for that object.
(11) except in section 50904(c), “permit” means an experimental permit issued under section 50906.
(12) “person” means an individual and an entity organized or existing under the laws of a State or country.
(13) “reenter” and “reentry” mean to return or attempt to return, purposefully, a reentry vehicle and its payload, crew, or space flight participants, if any, from Earth orbit or from outer space to Earth.
(14) “reentry services” means—
(A) activities involved in the preparation of a reentry vehicle and payload, crew (including crew training), or space flight participant, if any, for reentry; and
(B) the conduct of a reentry.
(15) “reentry site” means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter).
(16) “reentry vehicle” means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially intact.
(17) “space flight participant” means an individual, who is not crew, carried within a launch vehicle or reentry vehicle.
(18) “State” means a State of the United States, the District of Columbia, and a territory or possession of the United States.
(19) unless and until regulations take effect under section 50922(c)(2), “suborbital rocket” means a vehicle, rocket-propelled in whole or in part, intended for flight on a suborbital trajectory, and the thrust of which is greater than its lift for the majority of the rocket-powered portion of its ascent.
(20) “suborbital trajectory” means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth.
(21) “third party” means a person except—
(A) the United States Government or the Government's contractors or subcontractors involved in launch services or reentry services;
(B) a licensee or transferee under this chapter;
(C) a licensee's or transferee's contractors, subcontractors, or customers involved in launch services or reentry services;
(D) the customer's contractors or subcontractors involved in launch services or reentry services; or
(E) crew or space flight participants.
(22) “United States” means the States of the United States, the District of Columbia, and 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.)
| 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).
Amendments
2010—Pub. L. 111–314, §4(d)(2), (3)(B), successively renumbered section 70102 of title 49 and section 70102 of this title as this section.
Par. (11). Pub. L. 111–314, §4(d)(5)(A), substituted “section 50904(c)” for “section 70104(c)” and “section 50906” for “section 70105a”.
Par. (19). Pub. L. 111–314, §4(d)(5)(B), substituted “section 50922(c)(2)” for “section 70120(c)(2)”.
2004—Par. (2). Pub. L. 108–492, §2(b)(2), added par. (2). Former par. (2) redesignated (3).
Par. (3). Pub. L. 108–492, §2(b)(1), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Par. (4). Pub. L. 108–492, §2(b)(1), (3), redesignated par. (3) as (4) and inserted “, crew, or space flight participant” after “any payload” in introductory provisions. Former par. (4) redesignated (5).
Par. (5). Pub. L. 108–492, §2(b)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Par. (6). Pub. L. 108–492, §2(b)(1), (4), redesignated par. (5) as (6) and substituted “, payload, crew (including crew training), or space flight participant” for “and payload” in subpar. (A). Former par. (6) redesignated (7).
Par. (7). Pub. L. 108–492, §2(b)(1), redesignated par. (6) as (7). Former par. (7) redesignated (8).
Par. (8). Pub. L. 108–492, §2(b)(1), (5), redesignated par. (7) as (8) and inserted “or human beings” after “place a payload” in subpar. (A). Former par. (8) redesignated (9).
Pars. (9), (10). Pub. L. 108–492, §2(b)(1), redesignated pars. (8) and (9) as (9) and (10), respectively. Former par. (10) redesignated (12).
Par. (11). Pub. L. 108–492, §2(b)(6), added par. (11). Former par. (11) redesignated (13).
Par. (12). Pub. L. 108–492, §2(b)(1), redesignated par. (10) as (12). Former par. (12) redesignated (14).
Par. (13). Pub. L. 108–492, §2(b)(1), (7), redesignated par. (11) as (13) and inserted “crew, or space flight participants,” after “and its payload,”. Former par. (13) redesignated (15).
Par. (14). Pub. L. 108–492, §2(b)(1), (8), redesignated par. (12) as (14) and substituted “and payload, crew (including crew training), or space flight participant” for “and its payload” in subpar. (A). Former par. (14) redesignated (16).
Pars. (15), (16). Pub. L. 108–492, §2(b)(1), redesignated pars. (13) and (14) as (15) and (16), respectively. Former pars. (15) and (16) redesignated (18) and (21), respectively.
Par. (17). Pub. L. 108–492, §2(b)(9), added par. (17). Former par. (17) redesignated (22).
Par. (18). Pub. L. 108–492, §2(b)(1), redesignated par. (15) as (18).
Pars. (19), (20). Pub. L. 108–492, §2(b)(10), added pars. (19) and (20).
Par. (21). Pub. L. 108–492, §2(b)(1), (11), redesignated par. (16) as (21) and added subpar. (E).
Par. (22). Pub. L. 108–492, §2(b)(1), redesignated par. (17) as (22).
2000—Pars. (8) to (17). Pub. L. 106–391 added par. (8) and redesignated former pars. (8) to (16) as (9) to (17), respectively.
1998—Par. (3). Pub. L. 105–303, §102(a)(3)(A), substituted “or reentry vehicle and any payload from Earth” for “and any payload” in introductory provisions and a comma for the period at end of subpar. (C) and inserted concluding provisions.
Par. (8). Pub. L. 105–303, §102(a)(3)(B), inserted “or reentry vehicle” after “means of a launch vehicle”.
Pars. (10) to (13). Pub. L. 105–303, §102(a)(3)(D), added pars. (10) to (13). Former pars. (10) to (12) redesignated (14) to (16), respectively.
Par. (14). Pub. L. 105–303, §102(a)(3)(C), redesignated par. (10) as (14).
Par. (15). Pub. L. 105–303, §102(a)(3)(C), (E), redesignated par. (11) as (15) and inserted “or reentry services” after “launch services” wherever appearing.
Par. (16). Pub. L. 105–303, §102(a)(3)(C), redesignated par. (12) as (16).
1996—Par. (6). Pub. L. 104–287 substituted “facilities at that location” for “facilities”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of Title 49, Transportation.
§50903. General authority
(a)
(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.
Amendments
2010—Pub. L. 111–314 successively renumbered section 70103 of title 49 and section 70103 of this title as this section.
2004—Subsec. (b)(1). Pub. L. 108–492, §2(c)(1), inserted “, including those involving space flight participants” after “private sector”.
Subsecs. (c), (d). Pub. L. 108–492, §2(c)(2), added subsec. (c) and redesignated former subsec. (c) as (d).
1998—Subsec. (b). Pub. L. 105–303, §102(a)(4)(A), inserted “and Reentries” after “Launches” in heading.
Subsec. (b)(1). Pub. L. 105–303, §102(a)(4)(B), inserted “and reentries” after “commercial space launches”.
Subsec. (b)(2). Pub. L. 105–303, §102(a)(4)(C), inserted “and reentry” after “space launch”.
Launch Services Strategy
Pub. L. 110–422, title VI, §621, Oct. 15, 2008, 122 Stat. 4801, provided that:
“(a)
“(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.”
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.)
| 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.
Amendments
2010—Pub. L. 111–314, §4(d)(2), (3)(D), successively renumbered section 70104 of title 49 and section 70104 of this title as this section.
Subsec. (a)(2). Pub. L. 111–314, §4(d)(5)(C), substituted “section 50902(1)(A) or (B)” for “section 70102(1)(A) or (B)”.
Subsec. (a)(3). Pub. L. 111–314, §4(d)(5)(D), substituted “section 50902(1)(C)” for “section 70102(1)(C)”.
Subsec. (a)(4). Pub. L. 111–314, §4(d)(5)(E), substituted “section 50902(1)(C)” for “section 70102(1)(C)”.
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 crews and space flight participants, to the extent permitted by subsections (b) and (c)) that may be used in conducting licensed commercial space launch or reentry activities.
(b)
(2) The Secretary may prescribe—
(A) any term necessary to ensure compliance with this chapter, including on-site verification that a launch, operation, or reentry complies with representations stated in the application;
(B) any additional requirement necessary to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States;
(C) by regulation that a requirement of a law of the United States not be a requirement for a license or permit if the Secretary, after consulting with the head of the appropriate executive agency, decides that the requirement is not necessary to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;
(D) additional license requirements, for a launch vehicle carrying a human being for compensation or hire, necessary to protect the health and safety of crew or space flight participants, only if such requirements are imposed pursuant to final regulations issued in accordance with subsection (c); and
(E) regulations establishing criteria for accepting or rejecting an application for a license or permit under this chapter within 60 days after receipt of such application.
(3) The Secretary may waive a requirement, including the requirement to obtain a license, for an individual applicant if the Secretary decides that the waiver is in the public interest and will not jeopardize the public health and safety, safety of property, and national security and foreign policy interests of the United States. The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.
(4) The holder of a license or a permit under this chapter may launch or reenter crew only if—
(A) the crew has received training and has satisfied medical or other standards specified in the license or permit in accordance with regulations promulgated by the Secretary;
(B) the holder of the license or permit has informed any individual serving as crew in writing, prior to executing any contract or other arrangement to employ that individual (or, in the case of an individual already employed as of the date of enactment of the Commercial Space Launch Amendments Act of 2004, as early as possible, but in any event prior to any launch in which the individual will participate as crew), that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants; and
(C) the holder of the license or permit and crew have complied with all requirements of the laws of the United States that apply to crew.
(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)
(2) Regulations issued under this subsection shall—
(A) describe how such regulations would be applied when the Secretary is determining whether to issue a license under this chapter;
(B) apply only to launches in which a vehicle will be carrying a human being for compensation or hire;
(C) be limited to restricting or prohibiting design features or operating practices that—
(i) have resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew or space flight participants during a licensed or permitted commercial human space flight; or
(ii) contributed to an unplanned event or series of events during a licensed or 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 or space flight participants; and
(D) be issued with a description of the instance or instances when the design feature or operating practice being restricted or prohibited contributed to a result or event described in subparagraph (C).
(3) Beginning 8 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary may propose regulations under this subsection without regard to paragraph (2)(C) and (D). Any such regulations shall take into consideration the evolving standards of safety in the commercial space flight industry.
(4) Nothing in this subsection shall be construed to limit the authority of the Secretary to issue requirements or regulations to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States.
(d)
(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.)
| 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.
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 subsecs. (b)(4)(B), (6) and (c)(3), is the date of enactment of Pub. L. 108–492, which was approved Dec. 23, 2004.
Amendments
2010—Pub. L. 111–314, §4(d)(2), (3)(E), successively renumbered section 70105 of title 49 and section 70105 of this title as this section.
Subsec. (b)(5)(A). Pub. L. 111–314, §4(d)(5)(F), substituted “section 50914(a)(2) and (c)” for “section 70112(a)(2) and (c)”.
2004—Subsec. (a)(1). Pub. L. 108–492, §2(c)(6)(A), substituted “the Secretary has not taken action on a license application” for “a license is not issued”.
Subsec. (a)(2). Pub. L. 108–492, §2(c)(6)(B), inserted “(including approval procedures for the purpose of protecting the health and safety of crews and space flight participants, to the extent permitted by subsections (b) and (c))” after “or personnel”.
Subsec. (b)(1). Pub. L. 108–492, §2(c)(7), inserted “or permit” after “for a license”.
Subsec. (b)(2)(B). Pub. L. 108–492, §2(c)(8), substituted “any” for “an”.
Subsec. (b)(2)(C). Pub. L. 108–492, §2(c)(9), inserted “or permit” after “for a license” and struck out “and” at end.
Subsec. (b)(2)(D). Pub. L. 108–492, §2(c)(10), added subpar. (D). Former subpar. (D) redesignated (E).
Subsec. (b)(2)(E). Pub. L. 108–492, §2(c)(10), (11), redesignated subpar. (D) as (E) and inserted “or permit” after “for a license”.
Subsec. (b)(3). Pub. L. 108–492, §2(c)(12), inserted at end “The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.”
Subsec. (b)(4) to (6). Pub. L. 108–492, §2(c)(13), added pars. (4) to (6).
Subsec. (c). Pub. L. 108–492, §2(c)(14), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 108–492, §2(c)(14), (15), redesignated subsec. (c) as (d) and inserted “or permit” after “of a license”.
1998—Subsec. (a). Pub. L. 105–303, §102(a)(6)(B), substituted “accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D)” for “receiving an application” in two places.
Pub. L. 105–303, §102(a)(6)(A), (C), designated existing provisions as par. (1), inserted “The Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 30 days after any occurrence when a license is not issued within the deadline established by this subsection.” at end of par. (1), and added par. (2).
Subsec. (b)(1). Pub. L. 105–303, §102(a)(6)(D), inserted “or a reentry site, or the reentry of a reentry vehicle,” after “operation of a launch site”.
Subsec. (b)(2)(A). Pub. L. 105–303, §102(a)(6)(E), substituted “, operation, or reentry” for “or operation”.
Subsec. (b)(2)(D). Pub. L. 105–303, §102(a)(6)(F)–(H), added subpar. (D).
Subsec. (b)(3). Pub. L. 105–303, §102(a)(6)(I), inserted “, including the requirement to obtain a license,” after “waive a requirement”.
Change of Name
Committee on Science of the House of Representatives changed to Committee on Science and Technology of the House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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 that will be launched or reentered solely for—
(1) research and development to test new design concepts, new equipment, or new operating techniques;
(2) showing compliance with requirements as part of the process for obtaining a license under this chapter; or
(3) crew training prior to obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued.
(e) Permits issued under this section shall—
(1) authorize an unlimited number of launches and reentries for a particular suborbital rocket design for the uses described in subsection (d); and
(2) specify the type of modifications that may be made to the suborbital rocket without changing the design to an extent that would invalidate the permit.
(f) Permits shall not be transferable.
(g) A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design.
(h) No person may operate a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire.
(i) For the purposes of sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, and 50923 of this chapter—
(1) a permit shall be considered a license;
(2) the holder of a permit shall be considered a licensee;
(3) a vehicle operating under a permit shall be considered to be licensed; and
(4) the issuance of a permit shall be considered licensing.
This subsection shall not be construed to allow the transfer of a permit.
(Added Pub. L. 108–492, §2(c)(16), Dec. 23, 2004, 118 Stat. 3979, §70105a of title 49; renumbered §70105a then §50906 of title 51 and amended Pub. L. 111–314, §4(d)(2), (3)(F), (5)(G), (H), Dec. 18, 2010, 124 Stat. 3440–3442.)
Amendments
2010—Pub. L. 111–314, §4(d)(2), (3)(F), successively renumbered section 70105a of title 49 and section 70105a of this title as this section.
Subsec. (c). Pub. L. 111–314, §4(d)(5)(G), substituted “section 50905(b)(2)(C)” for “section 70105(b)(2)(C)”.
Subsec. (i). Pub. L. 111–314, §4(d)(5)(H), substituted “sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, and 50923” for “sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121” in introductory provisions.
Change of Name
Committee on Science of the House of Representatives changed to Committee on Science and Technology of the House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§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.)
| 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.
Amendments
2010—Pub. L. 111–314, §4(d)(2), (3)(G), successively renumbered section 70106 of title 49 and section 70106 of this title as this section.
Subsec. (a). Pub. L. 111–314, §4(d)(5)(I), substituted “sections 50904(c), 50905, and 50906” for “sections 70104(c), 70105, and 70105a”.
2004—Subsec. (a). Pub. L. 108–492 inserted “at a site used for crew or space flight participant training,” after “assemble a launch vehicle or reentry vehicle,” and substituted “sections 70104(c), 70105, and 70105a” for “section 70104(c)”.
1998—Subsec. (a). Pub. L. 105–303, in first sentence, inserted “or reentry site” after “observer at a launch site” and “or reentry vehicle” after “assemble a launch vehicle” and after “with a launch vehicle”.
§50908. Effective periods, and modifications, suspensions, and revocations, of licenses
(a)
(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.)
| 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.
Amendments
2010—Pub. L. 111–314, §4(d)(2), (3)(H), successively renumbered section 70107 of title 49 and section 70107 of this title as this section.
Subsec. (b)(2). Pub. L. 111–314, §4(d)(5)(J), substituted “section 50905(c)” for “section 70105(c)”.
Subsec. (e). Pub. L. 111–314, §4(d)(5)(K), substituted “section 50912” for “section 70110”.
2004—Subsec. (b). Pub. L. 108–492, §2(c)(18), designated existing text as par. (1) and added par. (2).
Subsecs. (d) to (f). Pub. L. 108–492, §2(c)(19), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
§50909. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries
(a)
(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). |
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). |
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.)
Amendments
2010—Pub. L. 111–314 successively renumbered section 70109a of title 49 and section 70109a of this title as this section.
Negotiation With Foreign Launching Nations
Pub. L. 106–391, title III, §322(c), Oct. 30, 2000, 114 Stat. 1598, provided that:
“(1) The President is requested to negotiate with foreign launching nations for the purpose of reaching one or more agreements that prohibit the use of outer space for obtrusive space advertising purposes.
“(2) It is the sense of the Congress that the President should take such action as is appropriate and feasible 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.
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.
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.
(b)
(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)
(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.)
| 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).
Amendments
2010—Pub. L. 111–314 successively renumbered section 70112 of title 49 and section 70112 of this title as this section.
2004—Subsec. (b)(2). Pub. L. 108–492 inserted “crew, space flight participants,” after “transferee, contractors, subcontractors,” and “or by space flight participants,” after “its own employees”.
1998—Subsec. (a)(1). Pub. L. 105–303, §102(a)(12)(A), inserted “launch or reentry” before “license is issued”.
Subsec. (a)(3). Pub. L. 105–303, §102(a)(12)(B), inserted “or reentry” after “one launch” in introductory provisions.
Subsec. (a)(4). Pub. L. 105–303, §102(a)(12)(C), inserted “or reentry services” after “launch services” in introductory provisions.
Subsec. (b)(1). Pub. L. 105–303, §102(a)(12)(D)–(F), inserted “launch or reentry” before “license issued or transferred”, “or reentry services” after “launch services”, and “applicable” after “carried out under the”.
Subsec. (b)(2). Pub. L. 105–303, §102(a)(12)(E), (F), inserted “or reentry services” after “launch services” wherever appearing and “applicable” after “carried out under the”.
Subsec. (e). Pub. L. 105–303, §102(a)(12)(G), (H), inserted “or Reentries” after “Launches” in heading and “or reentry site or a reentry” after “launch site” in text.
Subsec. (f). Pub. L. 105–303, §102(a)(12)(I), inserted “launch or reentry” before “license issued or transferred”.
1996—Subsec. (a)(3)(B). Pub. L. 104–287, §5(93), substituted “clause (A)(i) or (ii)” for “clause (A)”.
Subsec. (d)(1). Pub. L. 104–287, §5(74), substituted “Committee on Science” for “Committee on Science, Space, and Technology”.
Change of Name
Committee on Science of the House of Representatives changed to Committee on Science and Technology of the House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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).
(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.)
| 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).
Amendments
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”.
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.
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.
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.
Amendments
2010—Pub. L. 111–314 successively renumbered section 70116 of title 49 and section 70116 of this title as this section.
§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 launch, reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site, or other space activity the Government carries out for the Government; or
(2) planning or policies related to the launch, reentry, operation, or activity.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1342, §70117 of title 49; Pub. L. 104–287, §5(95), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–303, title I, §102(a)(15), Oct. 28, 1998, 112 Stat. 2850; renumbered §70117 then §50919 of title 51 and amended Pub. L. 111–314, §4(d)(2), (3)(S), (5)(T), Dec. 18, 2010, 124 Stat. 3440–3442.)
| 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.
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, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.
The Foreign Trade Zones Act, referred to in subsec. (f), is act June 18, 1934, ch. 590, 48 Stat. 998, which is classified generally to chapter 1A (§81a et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Tables.
Amendments
2010—Pub. L. 111–314, §4(d)(2), (3)(S), successively renumbered section 70117 of title 49 and section 70117 of this title as this section.
Subsec. (b)(2). Pub. L. 111–314, §4(d)(5)(T), substituted “chapter 601 of this title” for “the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)”.
1998—Subsec. (a). Pub. L. 105–303, §102(a)(15)(A), inserted “or reentry site, or to reenter a reentry vehicle” after “operate a launch site”.
Subsec. (d). Pub. L. 105–303, §102(a)(15)(B), inserted “or reentry” after “approval of a space launch”.
Subsec. (f). Pub. L. 105–303, §102(a)(15)(C), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “A launch vehicle or payload that is launched is not, because of the launch, an export for purposes of a law controlling exports.”
Subsec. (g)(1). Pub. L. 105–303, §102(a)(15)(D)(i), substituted “reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site,” for “operation of a launch vehicle or launch site,”.
Subsec. (g)(2). Pub. L. 105–303, §102(a)(15)(D)(ii), inserted “reentry,” after “launch,”.
1996—Subsec. (b)(2). Pub. L. 104–287 substituted “Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)” for “Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et seq.)”.
§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. |
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.
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.)
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.)
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
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 70105 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.
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.
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.
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.
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. |
Amendments
2010—Pub. L. 111–314 successively renumbered section 70305 of title 49 and section 70305 of this title as this section.
Subtitle VI—Earth Observations
CHAPTER 601—LAND REMOTE SENSING POLICY
SUBCHAPTER I—GENERAL
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
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.
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.
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. 5444, which Act enacted this title.
Development, Procurement, and Support
Pub. L. 102–484, div. A, title II, §243, Oct. 23, 1992, 106 Stat. 2360, as amended by Pub. L. 103–35, title II, §202(a)(3), May 31, 1993, 107 Stat. 101, provided that: “The Secretary of Defense is authorized to contract for the development and procurement of, and support for operations of, the Landsat vehicle designated as Landsat 7.” Similar provisions were contained in the following prior appropriation act:
Pub. L. 102–396, title IX, §9082A, Oct. 6, 1992, 106 Stat. 1920.
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.
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. |
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, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.
SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND DEMONSTRATION
§60131. Continued Federal research and development
(a)
(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. |
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, Telegraphs, Telephones, and Radiotelegraphs. 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.)
| 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. |
References in Text
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (a), is section 14 of Pub. L. 92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.
§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. |
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, provided that:
“(1) The Administrator [of the National Aeronautics and Space Administration] shall carry out an Earth Observing System program that addresses the highest priority international climate change research goals as defined by the Committee on Earth and Environmental Sciences and the Intergovernmental Panel on Climate Change.
“(2)(A) Within 180 days after the date of enactment of this Act [Nov. 4, 1992], the Administrator shall submit to Congress a plan which will ensure that the highest priority measurements are maintained on schedule to the greatest extent practicable while lower priority measurements are deferred, deleted, or obtained through other means.
“(B) Within 90 days after the date of enactment of this Act, the Core System of the Earth Observing System Data and Information System, the Administrator shall submit to Congress a Development Plan which—
“(i) identifies the highest risk elements of the development effort and the key advanced technologies required to significantly increase scientific productivity;
“(ii) provides a plan for the development of one or more prototype systems for use in reducing the development risk of critical system elements and obtaining feedback for scientific users;
“(iii) provides a plan for research into key advanced technologies;
“(iv) identifies sufficient resources for carrying out the Development Plan; and
“(v) identifies how the Earth Observing System Data Information System will connect to and utilize other federally-supported research networks, including the National Research and Education Network.”
§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).
§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. |
Subtitle VII—Access to Space
CHAPTER 701—USE OF SPACE SHUTTLE OR ALTERNATIVES
§70101. Recovery of fair value of placing Department of Defense payloads in orbit with space shuttle
Notwithstanding any other provision of law, or any interagency agreement, the Administrator shall charge such prices as are necessary to recover the fair value of placing Department of Defense payloads into orbit by means of the space shuttle.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3427.)
| 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. |
§70102. Space shuttle use policy
(a)
(1)
(A)
(i) for purposes that require a human presence;
(ii) for purposes that require the unique capabilities of the space shuttle; or
(iii) when other compelling circumstances exist.
(B)
(2)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3427.)
| 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). |
§70103. Commercial payloads on space shuttle
(a)
(1)
(2)
(b)
(1) the payload requires the unique capabilities of the space shuttle; or
(2) launching of the payload on the space shuttle is important for either national security or foreign policy purposes.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3428.)
| 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.
CHAPTER 703—SHUTTLE PRICING POLICY FOR COMMERCIAL AND FOREIGN USERS
§70301. Congressional findings and declarations
Congress finds and declares that—
(1) the Space Transportation System is a vital element of the United States space program, contributing to the United States leadership in space research, technology, and development;
(2) the Space Transportation System is the primary space launch system for both United States national security and civil government missions;
(3) the Space Transportation System contributes to the expansion of United States private sector investment and involvement in space and therefore should serve commercial users;
(4) the availability of the Space Transportation System to foreign users for peaceful purposes is an important means of promoting international cooperative activities in the national interest and in maintaining access to space for activities which enhance the security and welfare of humankind;
(5) the United States is committed to maintaining world leadership in space transportation;
(6) making the Space Transportation System fully operational and cost effective in providing routine access to space will maximize the national economic benefits of the system; and
(7) national goals and the objectives for the Space Transportation System can be furthered by a stable and fair pricing policy for the Space Transportation System.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3428.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70301 | 42 U.S.C. 2466. | Pub. L. 99–170, title II, §201, Dec. 5, 1985, 99 Stat. 1017. |
§70302. Purpose, policy, and goals
The purpose of this chapter is to set, for commercial and foreign users, the reimbursement pricing policy for the Space Transportation System that is consistent with the findings included in section 70301 of this title, encourages the full and effective use of space, and is designed to achieve the following goals:
(1) The preservation of the role of the United States as a leader in space research, technology, and development.
(2) The efficient and cost effective use of the Space Transportation System.
(3) The achievement of greatly increased commercial space activity.
(4) The enhancement of the international competitive position of the United States.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3429.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70302 | 42 U.S.C. 2466a. | Pub. L. 99–170, title II, §202, Dec. 5, 1985, 99 Stat. 1017. |
§70303. Definition of additive cost
In this chapter, the term “additive cost” means the average direct and indirect costs to the Administration of providing additional flights of the Space Transportation System beyond the costs associated with those flights necessary to meet the space transportation needs of the United States Government.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3429.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70303 | 42 U.S.C. 2466b. | Pub. L. 99–170, title II, §203, Dec. 5, 1985, 99 Stat. 1017. |
The definition of “Administrator” in section 203(1) of the National Aeronautics and Space Administration Authorization Act of 1986 (Public Law 99–170, 99 Stat. 1017) is omitted as unnecessary because of the definition added by section 10101 of title 51.
§70304. Duties of Administrator
(a)
(b)
(c)
(1)
(2)
(d)
(e)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3429.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70304 | 42 U.S.C. 2466c. | Pub. L. 99–170, title II, §204, Dec. 5, 1985, 99 Stat. 1017; Pub. L. 103–437, §15(c)(5), Nov. 2, 1994, 108 Stat. 4592. |
In subsections (b) and (c)(1), the words “Committee on Science and Technology” are substituted for “Committee on Science, Space, and Technology” on authority of section 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Secondary Payload Capability
Pub. L. 109–155, title VI, §602, Dec. 30, 2005, 119 Stat. 2931, provided that:
“(a)
“(b)
“(c)
CHAPTER 705—EXPLORATION INITIATIVES
§70501. Space shuttle follow-on
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3430.)
| 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).
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 technology development program to enable lunar human and robotic operations consistent with section 20302(b) of this title, including surface power to use on the Moon and other locations;
(3) conduct an in-situ resource utilization technology program to develop the capability 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.)
| 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. |
§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
In order to maximize the cost-effectiveness of the long-term exploration and utilization activities of the United States, the Administrator shall take all necessary steps, including engaging international partners, to ensure that activities in its lunar exploration program shall be designed and implemented in a manner that gives strong consideration to how those activities might also help meet the requirements of future exploration and utilization activities beyond the Moon. The timetable of the lunar phase of the long-term international exploration initiative shall be determined by the availability of funding. However, once an exploration-related project enters its development phase, the Administrator shall seek, to the maximum extent practicable, to complete that project without undue delays.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3431.)
| 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. |
§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. |
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 V, §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 United States space vehicle carrying humans that is owned by the Federal Government or that is being used pursuant to a contract with the Federal Government; or
(4) a crew member or passenger of any space vehicle described in this subsection.
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3432.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70702 | 42 U.S.C. 16842. | Pub. L. 109–155, title V, §822, Dec. 30, 2005, 119 Stat. 2941. |
§70703. Tasks of Commission
A Commission established pursuant to this chapter shall, to the extent possible, undertake the following tasks:
(1)
(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 V, §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 V, §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 V, §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 V, §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 V, §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 V, §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 V, §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 V, §830, Dec. 30, 2005, 119 Stat. 2944. |
CHAPTER 709—INTERNATIONAL SPACE STATION
§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.
References in Text
Section 103(a)(1) of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 (Public Law 101–611, 104 Stat. 3190), referred to in text, is not classified to the Code.
International Space Station
Pub. L. 110–69, title II, §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.
§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.)
| 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).
References in Text
The Federal Advisory Committee Act, referred to in subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
§70907. Maintaining use through at least 2020
The Administrator shall take all necessary steps to ensure that the International Space Station remains a viable and productive facility capable of potential United States utilization through at least 2020 and shall take no steps that would preclude its continued operation and utilization by the United States after 2015.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3438.)
| 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. |
CHAPTER 711—NEAR-EARTH OBJECTS
George E. Brown, Jr. Near-Earth Object Survey
Pub. L. 109–155, title III, §321, Dec. 30, 2005, 119 Stat. 2922, 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.”
§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. |
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. |
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.”