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COMPILATION OF SPACE LAW U.S. & INTERNATIONAL SPACE LAW, DOCUMENTS AND AGREEMENTS
[House Prints, 116th Congress]
[From the U.S. Government Publishing Office]



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

                                     




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

                               ----------                              

                       PREPARED AT THE REQUEST OF

                 HON. EDDIE BERNICE JOHNSON, CHAIRWOMAN

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

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                              OCTOBER 2019

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

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

                                     



 
                        COMPILATION OF SPACE LAW

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

                               __________

                       PREPARED AT THE REQUEST OF

                 HON. EDDIE BERNICE JOHNSON, CHAIRWOMAN
                 

              COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY

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



                              OCTOBER 2019

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

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

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

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

    Foreword by the Hon. Eddie Bernice Johnson, Chairwoman

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

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

                            Acknowledgments

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

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


                                 PART 1

                           FEDERAL SPACE LAW

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


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

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


                               SECTION 1

                      TITLE 51 UNITED STATES CODE

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


                         (Release Point 116-56)

            TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS

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

                          Subtitle I--General

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

           Subtitle II--General Program and Policy Provisions

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

                Subtitle III--Administrative Provisions

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

       Subtitle IV--Aeronautics and Space Research and Education

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

        Subtitle V--Programs Targeting Commercial Opportunities

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

                    Subtitle VI--Earth Observations

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

                     Subtitle VII--Access to Space

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


                               AMENDMENTS

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

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

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

                          Subtitle I--General

                        CHAPTER 101--DEFINITIONS

Sec.
10101. Definitions.

Sec. 10101. Definitions

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

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

                     Historical and Revision Notes

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

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

                     SHORT TITLE OF 2018 AMENDMENT

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

                     SHORT TITLE OF 2017 AMENDMENT

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

                     SHORT TITLE OF 2015 AMENDMENT

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

                     SHORT TITLE OF 2013 AMENDMENT

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

                        SHORT TITLE OF 2008 ACT

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

                        SHORT TITLE OF 2005 ACT

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

                        SHORT TITLE OF 2004 ACT

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

                        SHORT TITLE OF 2002 ACT

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

                        SHORT TITLE OF 2000 ACT

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

                        SHORT TITLE OF 1998 ACT

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

                        SHORT TITLE OF 1992 ACT

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

                        SHORT TITLE OF 1990 ACT

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

                        SHORT TITLE OF 1987 ACT

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

                        SHORT TITLE OF 1958 ACT

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

                              DEFINITIONS

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

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

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

           Subtitle II--General Program and Policy Provisions

          CHAPTER 201--NATIONAL AERONAUTICS AND SPACE PROGRAM

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

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

    Subchapter II--Coordination of Aeronautical and Space Activities

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

            Subchapter III--General Administrative Provisions

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

                Subchapter IV--Upper Atmosphere Research

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

                               AMENDMENTS

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

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

Sec. 20101. Short title

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

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

                     Historical and Revision Notes

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

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

Sec. 20102. Congressional declaration of policy and purpose

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

                   CONGRESSIONAL FINDINGS AND POLICY

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

``SEC. 2. FINDINGS.

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

``SEC. 3. POLICY.

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

``SEC. 101. FINDINGS.

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

``SEC. 102. POLICY.

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

       NATIONAL AERONAUTICS AND SPACE CAPITAL DEVELOPMENT PROGRAM

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

Sec. 20103. Definitions

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

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

                     Historical and Revision Notes

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

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

    Subchapter II--Coordination of Aeronautical and Space Activities

Sec. 20111. National Aeronautics and Space Administration

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

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

                     Historical and Revision Notes

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

            AGENCY INFORMATION TECHNOLOGY AND CYBERSECURITY

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

``SEC. 811. INFORMATION TECHNOLOGY GOVERNANCE.

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

``SEC. 812. INFORMATION TECHNOLOGY STRATEGIC PLAN.

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

``SEC. 813. CYBERSECURITY.

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

                COLLABORATION AMONG MISSION DIRECTORATES

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

                         USERS' ADVISORY GROUP

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

                         NATIONAL SPACE COUNCIL

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

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

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

                           EX. ORD. NO. 12675

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

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

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

                                                   Donald J. Trump.

Sec. 20112. Functions of the Administration

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

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

                     Historical and Revision Notes

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

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

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

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

                     Historical and Revision Notes

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

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

                           REFERENCES IN TEXT

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

                               AMENDMENTS

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

                    EFFECTIVE DATE OF 2017 AMENDMENT

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

                             COLLABORATION

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

                          SPACE ACT AGREEMENTS

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

                           SENSE OF CONGRESS

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

            PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS

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

            ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS

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

Sec. 20114. Administration and Department of Defense coordination

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

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

                     Historical and Revision Notes

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

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

Sec. 20115. International cooperation

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

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

                     Historical and Revision Notes

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

                        DELEGATION OF AUTHORITY

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

                                                William J. Clinton.

Sec. 20116. Reports to Congress

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

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

                     Historical and Revision Notes

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

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

               DELEGATION OF CERTAIN REPORTING AUTHORITY

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

                                                    George W. Bush.

Sec. 20117. Disposal of excess land

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

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

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

           Subchapter III--General Administrative Provisions

Sec. 20131. Public access to information

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

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

                     Historical and Revision Notes

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

Sec. 20132. Security requirements

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

                     Historical and Revision Notes

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

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

                       ACCESS TO RESTRICTED DATA

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

Sec. 20133. Permission to carry firearms

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

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

                     Historical and Revision Notes

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

Sec. 20134. Arrest authority

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

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

                     Historical and Revision Notes

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

Sec. 20135. Property rights in inventions

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

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

                     Historical and Revision Notes

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

                               AMENDMENTS

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

                    EFFECTIVE DATE OF 2011 AMENDMENT

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

Sec. 20136. Contributions awards

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

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

                     Historical and Revision Notes

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

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

Sec. 20137. Malpractice and negligence suits against United States

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

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

                     Historical and Revision Notes

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

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

Sec. 20138. Insurance and indemnification

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

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

                     Historical and Revision Notes

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

Sec. 20139. Insurance for experimental aerospace vehicles

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

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

                     Historical and Revision Notes

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

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

Sec. 20140. Appropriations

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

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

                     Historical and Revision Notes

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

Sec. 20141. Misuse of agency name and initials

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

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

                     Historical and Revision Notes

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

Sec. 20142. Contracts regarding expendable launch vehicles

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

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

                     Historical and Revision Notes

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

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

Sec. 20143. Full cost appropriations account structure

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

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

                     Historical and Revision Notes

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

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

               NOTICE OF REPROGRAMMING OR REORGANIZATION

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

Sec. 20144. Prize authority

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

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

                      AMENDMENT NOT SHOWN IN TEXT

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

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

                         AVAILABILITY OF FUNDS

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

                                PURPOSE

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

Sec. 20145. Lease of non-excess property

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

                          DEPOSIT OF PROCEEDS

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

Sec. 20146. Retrocession of jurisdiction

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

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

                     Historical and Revision Notes

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

Sec. 20147. Recovery and disposition authority

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

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

                     Historical and Revision Notes

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

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

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

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

                           REFERENCES IN TEXT

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

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

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

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

                             ANNUAL REPORTS

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

                        INSPECTOR GENERAL AUDIT

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

                Subchapter IV--Upper Atmosphere Research

Sec. 20161. Congressional declaration of purpose and policy

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

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

                     Historical and Revision Notes

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

Sec. 20162. Definition of upper atmosphere

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

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

                     Historical and Revision Notes

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

Sec. 20163. Program authorized

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

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

                     Historical and Revision Notes

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

Sec. 20164. International cooperation

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

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

                     Historical and Revision Notes

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

                CHAPTER 203--RESPONSIBILITIES AND VISION

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

Sec. 20301. General responsibilities

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

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

                     Historical and Revision Notes

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

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

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

       SPACE LAUNCH SYSTEM, ORION, AND EXPLORATION GROUND SYSTEMS

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

             MAINTAINING A BALANCED SPACE SCIENCE PORTFOLIO

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

                           PLANETARY SCIENCE

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

                 EXTRASOLAR PLANET EXPLORATION STRATEGY

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

                         ASTROBIOLOGY STRATEGY

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

               SPACE TECHNOLOGY RESEARCH AND DEVELOPMENT

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

``SEC. 701. SPACE TECHNOLOGY INFUSION.

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

``SEC. 702. SPACE TECHNOLOGY PROGRAM.

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

Sec. 20302. Vision for space exploration

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

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

                     Historical and Revision Notes

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

                               AMENDMENTS

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

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

                        HUMAN SPACE EXPLORATION

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

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

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

``SEC. 432. HUMAN EXPLORATION ROADMAP.

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

Sec. 20303. Contribution to innovation

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

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

                     Historical and Revision Notes

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

                           REFERENCES IN TEXT

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

INTERNATIONAL SPACE STATION'S CONTRIBUTION TO NATIONAL COMPETITIVENESS 
                              ENHANCEMENT

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

Sec. 20304. Basic research enhancement

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

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

                     Historical and Revision Notes

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

Sec. 20305. National Academies decadal surveys

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

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

                     Historical and Revision Notes

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

     IMPLEMENTATION OF DECADAL SURVEY'S RECOMMENDED DECISION RULES

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

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

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

                Subtitle III--Administrative Provisions

          CHAPTER 301--APPROPRIATIONS, BUDGETS, AND ACCOUNTING

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

Sec. 30101. Prior authorization of appropriations required

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

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

                     Historical and Revision Notes

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

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

Sec. 30102. Working capital fund

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

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

                     Historical and Revision Notes

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

                               AMENDMENTS

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

Sec. 30103. Budgets

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

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

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

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

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

                    TRANSMISSION OF BUDGET ESTIMATES

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

Sec. 30104. Baselines and cost controls

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

                             CHANGE OF NAME

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

                CHAPTER 303--CONTRACTING AND PROCUREMENT

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

              DETECTION AND AVOIDANCE OF COUNTERFEIT PARTS

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

 AVOIDING ORGANIZATIONAL CONFLICTS OF INTEREST IN MAJOR ADMINISTRATION 
                          ACQUISITION PROGRAMS

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

Sec. 30301. Guaranteed customer base

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

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

                     Historical and Revision Notes

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

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

Sec. 30302. Quality assurance personnel

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

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

                     Historical and Revision Notes

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

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

Sec. 30303. Tracking and data relay satellite services

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

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

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

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

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

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

                     Historical and Revision Notes

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

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

                           REFERENCES IN TEXT

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

Sec. 30305. Outreach program

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

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

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

Sec. 30306. Small business contracting

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

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

                     Historical and Revision Notes

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

Sec. 30307. Requirement for independent cost analysis

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

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

                     Historical and Revision Notes

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

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

                            COST ESTIMATION

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

Sec. 30308. Cost effectiveness calculations

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

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

                     Historical and Revision Notes

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

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

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

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

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

                     Historical and Revision Notes

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

                            PRIOR PROVISIONS

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

Sec. 30310. Exception to alternative fuel procurement requirement

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

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

                     Historical and Revision Notes

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

                           REFERENCES IN TEXT

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

                   CHAPTER 305--MANAGEMENT AND REVIEW

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

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

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

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

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

                                                 Lyndon B. Johnson.

    TASK FORCE ON SPACE INDUSTRY WORKFORCE AND ECONOMIC DEVELOPMENT

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

                                                      Barack Obama.

Sec. 30501. Lessons learned and best practices

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

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

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

Sec. 30502. Whistleblower protection

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

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

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

Sec. 30503. Performance assessments

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

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

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

Sec. 30504. Assessment of science mission extensions

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

         CHAPTER 307--INTERNATIONAL COOPERATION AND COMPETITION

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

Sec. 30701. Competitiveness and international cooperation

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

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

                     Historical and Revision Notes

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

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

                           REFERENCES IN TEXT

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

     LIMITATION ON INTERNATIONAL AGREEMENTS CONCERNING OUTER SPACE 
                               ACTIVITIES

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

Sec. 30702. Foreign contract limitation

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

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

                     Historical and Revision Notes

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

Sec. 30703. Foreign launch vehicles

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

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

                     Historical and Revision Notes

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

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

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

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

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

                     Historical and Revision Notes

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

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

                           REFERENCES IN TEXT

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

                          CHAPTER 309--AWARDS

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

Sec. 30901. Congressional Space Medal of Honor

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

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

                     Historical and Revision Notes

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

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

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

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

                     Historical and Revision Notes

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

                          CHAPTER 311--SAFETY

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

Sec. 31101. Aerospace Safety Advisory Panel

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

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

                     Historical and Revision Notes

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

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

Sec. 31102. Drug and alcohol testing

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

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

                     Historical and Revision Notes

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

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

                                FINDINGS

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

                        CHAPTER 313--HEALTHCARE

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

Sec. 31301. Healthcare program

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

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

                     Historical and Revision Notes

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

Sec. 31302. Astronaut healthcare survey

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

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

                     Historical and Revision Notes

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

                       CHAPTER 315--MISCELLANEOUS

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

Sec. 31501. Orbital debris

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

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

                     Historical and Revision Notes

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

Sec. 31502. Maintenance of facilities

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

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

                     Historical and Revision Notes

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

                     FACILITIES AND INFRASTRUCTURE

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

Sec. 31503. Laboratory productivity

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

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

                     Historical and Revision Notes

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

Sec. 31504. Cooperative unmanned aerial vehicle activities

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

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

                     Historical and Revision Notes

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

Sec. 31505. Development of enhanced-use lease policy

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

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

                     Historical and Revision Notes

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


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

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

       Subtitle IV--Aeronautics and Space Research and Education

                        CHAPTER 401--AERONAUTICS

                          Subchapter I--General

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

   Subchapter II--High Priority Aeronautics Research and Development 
                                Programs

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

                      Subchapter III--Scholarships

40131. Aeronautics scholarships.

                      Subchapter IV--Data Requests

40141. Aviation data requests.

                         Subchapter I--General

Sec. 40101. Definition of institution of higher education

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

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

                     Historical and Revision Notes

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

Sec. 40102. Governmental interest in aeronautics research and 
                    development

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

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

                     Historical and Revision Notes

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

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

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

                                                    George W. Bush.

Sec. 40103. Cooperation with other agencies on aeronautics activities

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

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

                     Historical and Revision Notes

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

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

Sec. 40104. Cooperation among Mission Directorates

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

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

                     Historical and Revision Notes

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

   Subchapter II--High Priority Aeronautics Research and Development 
                                Programs

Sec. 40111. Fundamental research program

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

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

                     Historical and Revision Notes

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

Sec. 40112. Research and technology programs

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

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

                     Historical and Revision Notes

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

                   NATIONAL AERO-SPACE PLANE PROGRAM

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

Sec. 40113. Airspace systems research

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

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

                     Historical and Revision Notes

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

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

Sec. 40114. Aviation safety and security research

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

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

                     Historical and Revision Notes

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

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

Sec. 40115. Aviation weather research

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

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

                     Historical and Revision Notes

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

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

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

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

                     Historical and Revision Notes

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

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

                      Subchapter III--Scholarships

Sec. 40131. Aeronautics scholarships

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

                     Historical and Revision Notes

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

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

                      Subchapter IV--Data Requests

Sec. 40141. Aviation data requests

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

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

                     Historical and Revision Notes

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

    CHAPTER 403--NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM

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

Sec. 40301. Purposes

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

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

                     Historical and Revision Notes

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

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

                  CONGRESSIONAL STATEMENT OF FINDINGS

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

Sec. 40302. Definitions

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

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

                     Historical and Revision Notes

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

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

Sec. 40303. National space grant college and fellowship program

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

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

                     Historical and Revision Notes

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

                               AMENDMENTS

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

Sec. 40304. Grants or contracts

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

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

                     Historical and Revision Notes

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

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

Sec. 40305. Specific national needs

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

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

                     Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40305................................  42 U.S.C. 2486e.                   Pub. L. 100-147, title II, Sec.  207,
                                                                           Oct. 30, 1987, 101 Stat. 873.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``up to 100 percent'' are 
substituted for ``100 percent, or any lesser percent'' to 
eliminate unnecessary words.

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

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

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

                     Historical and Revision Notes

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

Sec. 40307. Space grant fellowship program

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

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

                     Historical and Revision Notes

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

Sec. 40308. Space grant review panel

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

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

                     Historical and Revision Notes

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

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

                           REFERENCES IN TEXT

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

Sec. 40309. Availability of other Federal personnel and data

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

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

                     Historical and Revision Notes

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

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

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

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

                     Historical and Revision Notes

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

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

Sec. 40311. Continuing emphasis

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

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

                     Historical and Revision Notes

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

               CHAPTER 405--BIOMEDICAL RESEARCH IN SPACE

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

Sec. 40501. Biomedical research joint working group

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

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

                     Historical and Revision Notes

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

                                FINDINGS

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

Sec. 40502. Biomedical research grants

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

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

                     Historical and Revision Notes

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

Sec. 40503. Biomedical research fellowships

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

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

                     Historical and Revision Notes

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

Sec. 40504. Establishment of electronic data archive

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

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

                     Historical and Revision Notes

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

Sec. 40505. Establishment of emergency medical service telemedicine 
                    capability

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

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

                     Historical and Revision Notes

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

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

             CHAPTER 407--ENVIRONMENTALLY FRIENDLY AIRCRAFT

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

Sec. 40701. Research and development initiative

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

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

                     Historical and Revision Notes

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

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

Sec. 40702. Additional research and development initiative

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

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

                     Historical and Revision Notes

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

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

Sec. 40703. Research alignment

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

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

                     Historical and Revision Notes

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

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

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

                     Historical and Revision Notes

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

                                PURPOSE

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

                       CHAPTER 409--MISCELLANEOUS

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

              NASA INTERNSHIP AND FELLOWSHIP OPPORTUNITIES

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

                         EDUCATION AND OUTREACH

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

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

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

``SECTION 1. SHORT TITLE.

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

``SEC. 2. FINDINGS.

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

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

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

``SEC. 4. PLAN.

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

                    NASA'S CONTRIBUTION TO EDUCATION

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

                                REPORTS

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

                         REVIEW OF MUST PROGRAM

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

          DENIAL OF FINANCIAL ASSISTANCE TO CAMPUS DISRUPTERS

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

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

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

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

                     Historical and Revision Notes

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

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

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

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

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

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

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

                     Historical and Revision Notes

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

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

                   CONGRESSIONAL FINDINGS AND POLICY

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

``SEC. 301. SHORT TITLE.

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

``SEC. 302. FINDINGS.

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

``SEC. 303. POLICY.

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

Sec. 40904. Microgravity research

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

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

                     Historical and Revision Notes

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

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

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

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

                     Historical and Revision Notes

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

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

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

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

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

Sec. 40907 Museums

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

                     Historical and Revision Notes

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

Sec. 40908. Continuation of certain education programs

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

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

                     Historical and Revision Notes

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

                           REFERENCES IN TEXT

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

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

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

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

                     Historical and Revision Notes

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

                           REFERENCES IN TEXT

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

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

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

        Subtitle V--Programs Targeting Commercial Opportunities

                      CHAPTER 501--SPACE COMMERCE

                          Subchapter I--General

Sec.
50101. Definitions.

       Subchapter II--Promotion of Commercial Space Opportunities

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

  Subchapter III--Federal Acquisition of Space Transportation Services

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

                               AMENDMENTS

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

                         Subchapter I--General

Sec. 50101. Definitions

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

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

                     Historical and Revision Notes

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

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

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

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

                                                   Donald J. Trump.

       Subchapter II--Promotion of Commercial Space Opportunities

Sec. 50111. Commercialization of Space Station

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

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

                     Historical and Revision Notes

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

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

                           REFERENCES IN TEXT

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

                               AMENDMENTS

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

                     MAXIMIZING UTILIZATION OF ISS

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

``SEC. 301. OPERATION OF THE ISS.

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

``SEC. 302. TRANSPORTATION TO ISS.

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

``SEC. 303. ISS TRANSITION PLAN.

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

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

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

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

                     Historical and Revision Notes

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

                                FINDING

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

Sec. 50113. Acquisition of space science data

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

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

                     Historical and Revision Notes

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

                      AMENDMENT OF SUBSECTION (C)

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

                               AMENDMENTS

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

                    EFFECTIVE DATE OF 2018 AMENDMENT

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

Sec. 50114. Administration of commercial space centers

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

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

                     Historical and Revision Notes

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

Sec. 50115. Sources of Earth science data

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

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

                     Historical and Revision Notes

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

                      AMENDMENT OF SUBSECTION (B)

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

                               AMENDMENTS

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

                    EFFECTIVE DATE OF 2018 AMENDMENT

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

Sec. 50116. Commercial technology transfer program

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

  Subchapter III--Federal Acquisition of Space Transportation Services

Sec. 50131. Requirement to procure commercial space transportation 
                    services

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

                 NASA LAUNCH CAPABILITIES COLLABORATION

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

 LEVERAGING COMMERCIAL SATELLITE SERVICING CAPABILITIES ACROSS MISSION 
                              DIRECTORATES

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

Sec. 50132. Acquisition of commercial space transportation services

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

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

                     Historical and Revision Notes

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

                      AMENDMENT OF SUBSECTION (A)

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

                               AMENDMENTS

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

                    EFFECTIVE DATE OF 2018 AMENDMENT

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

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

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

Sec. 50134. Use of excess intercontinental ballistic missiles

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

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

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

        CHAPTER 503--COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION

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

Sec. 50301. Definitions

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

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

                     Historical and Revision Notes

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

                                FINDINGS

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

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

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

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

                     Historical and Revision Notes

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

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

                           REFERENCES IN TEXT

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

             CHAPTER 505--COMMERCIAL SPACE COMPETITIVENESS

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

Sec. 50501. Definitions

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

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

                     Historical and Revision Notes

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

                                FINDINGS

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

Sec. 50502. Launch voucher demonstration program

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

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

                     Historical and Revision Notes

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

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

Sec. 50503. Anchor tenancy and termination liability

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

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

                     Historical and Revision Notes

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

Sec. 50504. Use of Government facilities

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

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

                     Historical and Revision Notes

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

Sec. 50505. Test facilities

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

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

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

Sec. 50506. Commercial Space Achievement Award

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

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

                     Historical and Revision Notes

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

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

                 CHAPTER 507--OFFICE OF SPACE COMMERCE

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

                               AMENDMENTS

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

Sec. 50701. Definition of Office

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

Sec. 50702. Establishment

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

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

                     Historical and Revision Notes

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

                               AMENDMENTS

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

                COOPERATION WITH FORMER SOVIET REPUBLICS

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

Sec. 50703. Annual report

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

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

                     Historical and Revision Notes

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

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

                             CHANGE OF NAME

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

            CHAPTER 509--COMMERCIAL SPACE LAUNCH ACTIVITIES

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

                               AMENDMENTS

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

Sec. 50901. Findings and purposes

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

                                FINDINGS

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

Sec. 50902. Definitions

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

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

             Historical and Revision Notes Pub. L. 103-272

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

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

                            PUB. L. 104-287

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

                               AMENDMENTS

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

                    EFFECTIVE DATE OF 1996 AMENDMENT

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

Sec. 50903. General authority

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

                        LAUNCH SERVICES STRATEGY

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

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

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

                                                     Ronald Reagan.

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

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

Sec. 50905. License applications and requirements

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

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

                     Historical and Revision Notes

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

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

                           REFERENCES IN TEXT

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

                               AMENDMENTS

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

                             CHANGE OF NAME

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

Sec. 50906. Experimental permits

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

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

                               AMENDMENTS

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

                             CHANGE OF NAME

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

Sec. 50907. Monitoring activities

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

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

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

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

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

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

                     Historical and Revision Notes

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

                               AMENDMENTS

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

Sec. 50910. Preemption of scheduled launches or reentries

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

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

                     Historical and Revision Notes

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

                               AMENDMENTS

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

Sec. 50911. Space advertising

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

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

                               AMENDMENTS

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

               NEGOTIATION WITH FOREIGN LAUNCHING NATIONS

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

Sec. 50912. Administrative hearings and judicial review

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

Sec. 50913. Acquiring United States Government property and services

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

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

                     Historical and Revision Notes

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

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

                               AMENDMENTS

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

Sec. 50914. Liability insurance and financial responsibility 
                    requirements

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

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

             Historical and Revision Notes Pub. L. 103-272

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

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

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

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

                               AMENDMENTS

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

                             CHANGE OF NAME

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

                    EFFECTIVE DATE OF 1996 AMENDMENT

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

                 TERMINATION OF REPORTING REQUIREMENTS

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

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

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

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1338, 
Sec. 70113 of title 49; Pub. L. 104-287, Sec. 5(94), Oct. 11, 
1996, 110 Stat. 3398; Pub. L. 105-303, title I, 102(a)(13), 
Oct. 28, 1998, 112 Stat. 2850; Pub. L. 106-74, title IV, 
Sec. 433, Oct. 20, 1999, 113 Stat. 1097; Pub. L. 106-377, 
Sec. 1(a)(1) [title IV, 429], Oct. 27, 2000, 114 Stat. 1441, 
1441A-56; Pub. L. 106-405, Sec. Sec. 5(b), 6(a), Nov. 1, 2000, 
114 Stat. 1752; Pub. L. 108-428, Sec. 1, Nov. 30, 2004, 118 
Stat. 2432; Pub. L. 108-492, Sec. 2(c)(22), (23), Dec. 23, 
2004, 118 Stat. 3981; Pub. L. 111-125, Sec. 1, Dec. 28, 2009, 
123 Stat. 3486; renumbered Sec. 70113 then Sec. 50915 of title 
51 and amended Pub. L. 111-314, Sec. 4(d)(2), (3)(O), (5)(Q), 
(R), Dec. 18, 2010, 124 Stat. 3440-3442; Pub. L. 112-273, 
Sec. 3, Jan. 14, 2013, 126 Stat. 2454; Pub. L. 113-76, Sec. 8, 
Jan. 17, 2014, 128 Stat. 7; Pub. L. 114-90, title I, 
Sec. Sec. 102(d), 103(a)(2), Nov. 25, 2015, 129 Stat. 706.)

             Historical and Revision Notes Pub. L. 103-272

----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70113(a).............................  49 App.:2615(b)(1).                Oct. 30, 1984, Pub. L. 98-575,
                                                                           16(b)(1)-(4), 98 Stat. 3061; restated
                                                                           Nov. 15, 1988, Pub. L. 100-657, 5(a),
                                                                           102 Stat. 3903.
70113(b).............................  49 App.:2615(b)(2).
70113(c).............................  49 App.:2615(b)(3).
70113(d)(1)..........................  49 App.:2615(b)(4)(A).
70113(d)(2)..........................  49 App.:2615(b)(4)(B).
70113(d)(3)..........................  49 App.:2615(b)(4)(C).
70113(e)(1)..........................  49 App.:2615(b) (4)(D)(i), (iii).
70113(e)(2)..........................  49 App.:2615(b) (4)(D)(ii).
70113(e)(3)..........................  49 App.:2615(b) (4)(D)(iv).
70113(e)(4)..........................  49 App.:2615(b) (4)(D)(v).
70113(e)(5)..........................  49 App.:2615(b) (4)(D)(vi).
70113(e)(6)..........................  49 App.:2615(b) (4)(D)(vii).
70113(f).............................  49 App.:2615(b)(5).                Oct. 30, 1984, Pub. L. 98-575, Sec.
                                                                           16(b)(5), 98 Stat. 3061; restated
                                                                           Nov. 15, 1988, Pub. L. 100-657, Sec.
                                                                           5(a), 102 Stat. 3903; Nov. 4, 1992,
                                                                           Pub. L. 102-588, Sec.  503, 106 Stat.
                                                                           5124.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1), before clause (A), the word 
``particular'' is omitted as surplus. In clause (B), the words 
``the level that is'' are omitted as surplus.
    In subsection (b)(1), the words ``civil action'' are 
substituted for ``suit'' for consistency in the revised title 
and with other titles of the United States Code and rule 2 of 
the Federal Rules of Civil Procedure (28 App. U.S.C.).
    In subsection (b)(2), the words ``the Government must be 
given an opportunity'' are substituted for ``by the United 
States, at its election'' for clarity.
    In subsection (c), the words ``just and'' and ``judgment'' 
are omitted as surplus.
    In subsection (d), the word ``particular'' is omitted as 
surplus.
    In subsection (d)(2), before clause (A), the words ``or 
plans'' are omitted because of 1:1.
    In subsection (e)(1), before clause (A), the text of 49 
App.:2615(b)(4)(D)(i) is omitted as surplus. In clause (A), the 
word ``only'' is omitted as surplus. The word ``Congress'' is 
substituted for ``the first blank space therein being filled 
with the name of the resolving House'' to correct an error in 
the law.
    In subsection (e)(3), the words ``once introduced with 
respect to a compensation plan'' are omitted as surplus.
    In subsection (e)(4)(A), the word ``either'' is omitted as 
surplus. In subsection (f), the word ``only'' is omitted as 
surplus.

                            PUB. L. 104-287

    This amends 49:70113(e)(6)(D) to correct an error in the 
codification enacted by section 1 of the Act of July 5, 1994 
(Public Law 103-272, 108 Stat. 1340).

                               AMENDMENTS

    2015--Subsec. (a)(1). Pub. L. 114-90, Sec. 103(a)(2)(A), in 
introductory provisions, substituted ``a person described in 
paragraph (3)(A)'' for ``a licensee or transferee under this 
chapter, a contractor, subcontractor, or customer of the 
licensee or transferee, or a contractor or subcontractor of a 
customer, but not against a space flight participant,''.
    Subsec. (a)(3). Pub. L. 114-90, Sec. 103(a)(2)(B), added 
par. (3).
    Subsec. (f). Pub. L. 114-90, Sec. 102(d), substituted 
``September 30, 2025'' for ``December 31, 2016''.
    2014--Subsec. (f). Pub. L. 113-76 substituted ``December 
31, 2016'' for ``December 31, 2013''.
    2013--Subsec. (f). Pub. L. 112-273 substituted ``December 
31, 2013''