US (United States) Code. Title 42. Chapter 26: National Space Program

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 26 - NATIONAL SPACE PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

-HEAD-

CHAPTER 26 - NATIONAL SPACE PROGRAM

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

2451. Congressional declaration of policy and purpose.

(a) Devotion of space activities to peaceful

purposes for benefit of all mankind.

(b) Aeronautical and space activities for welfare

and security of United States; control by

civilian agency; exceptions.

(c) Commercial use of space.

(d) Objectives of aeronautical and space

activities.

(e) Ground propulsion systems research and

development.

(f) Bioengineering research, development, and

demonstration programs.

(g) Purpose of chapter.

2452. Definitions.

2453. Transfer of related functions to Administration.

(a) Functions of other departments and agencies;

transfer of records, etc.

(b) Transfers prior to January 1, 1959; report to

Congress.

(c) Transfers after December 31, 1958; report to

Congress; approval of Congress.

2454. Access to information.

2455. Security requirements.

(a) Establishment; investigations; referral to

Federal Bureau of Investigation.

(b) Access to Restricted Data of Atomic Energy

Commission.

2456. Permission to use firearms.

2456a. Arrest authority.

2457. Property rights in inventions.

(a) Exclusive property of United States; issuance

of patent.

(b) Contract provisions for furnishing reports of

inventions, discoveries, improvements, or

innovations.

(c) Patent application.

(d) Issuance of patent to applicant; request by

Administrator; notice; hearing; determination;

review.

(e) False representations; request for transfer of

title to patent; notice; hearing;

determination; review.

(f) Waiver of rights to inventions; Inventions and

Contributions Board.

(g) Repealed.

(h) Protection of title.

(i) Administration as defense agency.

(j) Definitions.

(k) Objects intended for launch, launched, or

assembled in outer space.

(l) Use or manufacture of patented inventions

incorporated in space vehicles launched for

persons other than United States.

2458. Contributions awards.

(a) Applications; referral to Board; hearing;

recommendations; determination by

Administrator.

(b) Apportionment of awards; surrender of claims to

compensation; limitation on amount; reports to

Congressional committees.

2458a. Malpractice and negligence suits against United

States.

(a) Exclusive remedy.

(b) Attorney General to defend any civil action or

proceeding for malpractice or negligence;

service of process.

(c) Removal of actions; certification by Attorney

General; remand to State court.

(d) Compromise or settlement of claims.

(e) Applicability of other provisions of law.

(f) Liability insurance for persons assigned to

foreign countries or non-Federal agencies.

2458b. Insurance and indemnification.

(a) Authorization.

(b) Indemnification.

(c) Terms of indemnification agreement; notice;

United States control of or assistance in

defense.

(d) Certification of just and reasonable amount.

(e) Payments.

(f) Definitions.

2458c. Experimental aerospace vehicle.

(a) In general.

(b) Terms and conditions.

(c) Cross-waivers.

(d) Definitions.

(e) Relationship to other laws.

(f) Termination.

2459. Appropriations.

(a) Authorization; limitations for uses of capital

nature.

(b) Use of funds for emergency repairs of existing

facilities.

(c) Termination.

2459a. Availability of appropriated amounts.

2459b. Misuse of agency name and initials; authority of

Attorney General to enjoin.

2459c. Contracts regarding expendable launch vehicles.

2459d. Prohibition of grant or contract providing guaranteed

customer base for new commercial space hardware or

services.

2459e. Quality assurance personnel.

(a) Exclusion of NASA personnel.

(b) Contract provisions.

2459f. Appropriation accounts; transfers.

(a) Designation of accounts for appropriations.

(b) Transfers among accounts.

(c) Transfer of Missions support account balances.

2459g. Requirement for independent cost analysis.

(a) Requirement.

(b) Definition.

2459h. Cost effectiveness calculations.

2460. Appropriations; prior authorization by Congress.

2461. Congressional Space Medal of Honor; appropriations.

2462. Repealed.

2463. Tracking and data relay satellite services; report to

Congressional committees; authorization to contract.

2464. Recovery of fair value of placing Department of

Defense payloads in orbit with Space Shuttle.

2464a. Payloads launched on Titan II launch vehicles; cost

effectiveness as against space shuttle launches.

2465. Repealed.

2465a. Space Shuttle use policy.

(a) Use policy.

(b) Implementation plan.

(c) Annual report.

(d) NASA payloads.

2465b. Repealed.

2465c. Definitions.

2465d, 2465e. Repealed.

2465f. Other activities of National Aeronautics and Space

Administration.

2466. Shuttle pricing policy; Congressional findings and

declaration of purpose.

2466a. Goals.

2466b. "Administrator" and "additive cost" defined.

2466c. Duties of Administrator.

(a) Establishment and implementation of

reimbursement recovery system; base price.

(b) Reports to Congressional committees.

(c) Reduction of base price.

(d) Lower-priced or no-cost flights for users

involved in research, etc., with Space

Administration.

(e) Customer incentives.

2467. Science, Space, and Technology Education Trust Fund;

annual report to Congress.

2467a. National Aeronautics and Space Administration Endeavor

Teacher Fellowship Trust Fund.

(a) Establishment.

(b) Investment of Trust Fund.

(c) Purpose.

2467b. Requirements.

(a) Competition.

(b) Supplemental grants.

(c) "Eligible State" defined.

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

2471. National Space Council.

(a) Establishment; chairperson.

(b) Report to Congress on composition and

functions.

(c) Employment of personnel.

2471a. Users' advisory group.

(a) Establishment.

(b) Exemption.

2472. National Aeronautics and Space Administration.

(a) Establishment; appointment and duties of

Administrator.

(b) Deputy Administrator; appointment and duties.

(c) Restriction on engaging in any other business,

vocation, or employment.

2473. Functions of Administration.

(a) Planning, directing and conducting aeronautical

and space activities; participation by

scientific community; dissemination of

information.

(b) Research, development, etc., in ground

propulsion technologies and solar heating and

cooling technologies.

(c) Powers of Administration in performance of its

functions.

2473a. Repealed.

2473b. Award of prime and subcontracts to small businesses

and disadvantaged individuals.

2473c. Drug and alcohol testing.

(a) Short title.

(b) Findings.

(c) Testing program.

(d) Prohibition on service.

(e) Program for rehabilitation.

(f) Procedures for testing.

(g) Effect on other laws and regulations.

(h) "Controlled substance" defined.

2473d. Use of abandoned and underutilized buildings, grounds,

and facilities.

(a) In general.

(b) Definition.

2474. Omitted.

2475. International cooperation.

2475a. Competitiveness and international cooperation.

(a) Limitation.

(b) National interests.

2475b. Foreign contract limitation.

2476. Reports to Congress.

(a) Presidential report; transmittal.

(b) Recommendations for additional legislation.

(c) Classified information.

2476a. Disposal of excess land; approval by Congressional

committees.

2476b. Donations for space shuttle orbiter.

(a) Acceptance by Administrator and use.

(b) Termination of authority to accept; use of

unneeded gifts and donations.

(c) Name of space shuttle orbiter.

2477. Aerospace Safety Advisory Panel; membership;

appointment; term; powers and duties of Panel;

Chairman; compensation, travel and other necessary

expenses; NASA membership restriction.

SUBCHAPTER III - UPPER ATMOSPHERE RESEARCH

2481. Congressional declaration of purpose and policy.

2482. "Upper atmosphere" defined.

2483. Program authorized.

2484. International cooperation.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 41 section 421.

-End-

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42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 2451 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2451. Congressional declaration of policy and purpose

-STATUTE-

(a) Devotion of space activities to peaceful purposes for benefit

of all mankind

The 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 mankind.

(b) Aeronautical and space activities for welfare and security of

United States; control by civilian agency; exceptions

The Congress declares that the general welfare and security of

the United States require that adequate provision be made for

aeronautical and space activities. The 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 such

agency has responsibility for and direction of any such activity

shall be made by the President in conformity with section 2471(e)

of this title.

(c) Commercial use of space

The Congress declares that the general welfare of the United

States requires that the National Aeronautics and Space

Administration (as established by subchapter II of this chapter)

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; and

(9) The preservation of the United States preeminent position

in aeronautics and space through research and technology

development related to associated manufacturing processes.

(e) Ground propulsion systems research and development

The Congress declares that the general welfare of the United

States requires that the unique competence in scientific and

engineering systems of the National Aeronautics and Space

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

The Congress declares that the general welfare of the United

States requires that the unique competence of the National

Aeronautics and Space 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) Purpose of chapter

It is the purpose of this chapter to carry out and effectuate the

policies declared in subsections (a), (b), (c), (d), (e), and (f)

of this section.

-SOURCE-

(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.)

-REFTEXT-

REFERENCES IN TEXT

Section 2471 of this title, referred to in subsec. (b), was

omitted from the Code.

This chapter, referred to in subsec. (g), was in the original

"this Act", meaning Pub. L. 85-568, July 29, 1958, 72 Stat. 426, as

amended. For complete classification of this Act to the Code, see

Short Title note below and Tables.

-MISC1-

AMENDMENTS

2000 - Subsecs. (f) to (h). Pub. L. 106-391 redesignated subsecs.

(g) and (h) as (f) and (g), respectively, substituted "and (f)" for

"(f), and (g)" in subsec. (g), and struck out former subsec. (f)

which read as follows: "The Congress declares that the general

welfare of the United States requires that the unique competence in

scientific and engineering systems of the National Aeronautics and

Space Administration also be directed toward the development of

advanced automobile propulsion systems. Such development shall be

conducted so as to contribute to the achievement of the purposes

set forth in section 2701(b) of title 15."

1988 - Subsec. (d)(9). Pub. L. 100-685, which directed the

amendment of subsec. (c) by adding par. (9), was executed to

subsec. (d) to reflect the probable intent of Congress and the

redesignation of former subsec. (c) as (d) by Pub. L. 98-361.

1984 - Subsec. (c). Pub. L. 98-361, Sec. 110(a)(2), (3), added

subsec. (c) and redesignated former subsec. (c) as (d).

Subsec. (d). Pub. L. 98-361, Sec. 110(a)(2), redesignated former

subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(1). Pub. L. 98-361, Sec. 110(b), inserted "of the

Earth".

Subsecs. (e) to (g). Pub. L. 98-361, Sec. 110(a)(2), redesignated

former subsecs. (d) to (f) as (e) to (g), respectively. Former

subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 98-361, Sec. 110(a)(2), redesignated former

subsec. (g) as (h).

Pub. L. 98-361, Sec. 110(a)(1), inserted reference to subsec. (g)

of this section.

1978 - Subsec. (e). Pub. L. 95-238, Sec. 311(a), added subsec.

(e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 95-401, Sec. 7(a), added subsec. (f). Former

subsec. (f) redesignated (g).

Pub. L. 95-238, Sec. 311(a), (b), redesignated former subsec. (e)

as (f) and inserted reference to subsec. (e).

Subsec. (g). Pub. L. 95-401, Sec. 7, redesignated former subsec.

(f) as (g) and substituted "(e), and (f)" for "and (e)".

1976 - Subsecs. (d), (e). Pub. L. 94-413 added subsec. (d),

redesignated former subsec. (d) as (e) and substituted "(c), and

(d)" for "and (c)".

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-611, title II, Sec. 201, Nov. 16, 1990, 104 Stat.

3205, provided that: "This title [enacting sections 2465b to 2465f

of this title] may be cited as the 'Launch Services Purchase Act of

1990'."

SHORT TITLE

Section 101 of Pub. L. 85-568 provided that: "This Act [enacting

this chapter and section 799 of Title 18, Crimes and Criminal

Procedure, amending section 22-1 of former Title 5, Executive

Departments and Government Officers and Employees (which was

repealed and reenacted in pertinent part as sections 7531 and 7532

of Title 5, Government Organization and Employees, by Pub. L.

89-554, Sept. 6, 1966, 80 Stat. 514), sections 2302 and 2303 of

Title 10, Armed Forces, section 1114 of Title 18, sections 511,

512, 513, and 515 of Title 50, War and National Defense, and

enacting provisions set out as notes under section 2472 of this

title and section 2302 of Title 10] may be cited as the 'National

Aeronautics and Space Act of 1958'."

COMMISSION ON THE FUTURE OF THE UNITED STATES AEROSPACE INDUSTRY

Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1092], Oct. 30,

2000, 114 Stat. 1654, 1654A-300, as amended by Pub. L. 107-107,

div. A, title X, Sec. 1062, Dec. 28, 2001, 115 Stat. 1232, provided

that:

"(a) Establishment. - There is established a commission to be

known as the 'Commission on the Future of the United States

Aerospace Industry' (in this section referred to as the

'Commission').

"(b) Membership. - (1) The Commission shall be composed of 12

members appointed, not later than March 1, 2001, as follows:

"(A) Up to six members shall be appointed by the President.

"(B) Two members shall be appointed by the Speaker of the House

of Representatives.

"(C) Two members shall be appointed by the majority leader of

the Senate.

"(D) One member shall be appointed by the minority leader of

the Senate.

"(E) One member shall be appointed by the minority leader of

the House of Representatives.

"(2) The members of the Commission shall be appointed from among

persons with extensive experience and national reputations in

aerospace manufacturing, economics, finance, national security,

international trade, or foreign policy and persons who are

representative of labor organizations associated with the aerospace

industry.

"(3) Members shall be appointed for the life of the Commission. A

vacancy in the Commission shall not affect its powers, but shall be

filled in the same manner as the original appointment.

"(4) The President shall designate one member of the Commission

to serve as the chairman of the Commission.

"(5) The Commission shall meet at the call of the chairman. A

majority of the members shall constitute a quorum, but a lesser

number may hold hearings.

"(c) Duties. - (1) The Commission shall -

"(A) study the issues associated with the future of the United

States aerospace industry in the global economy, particularly in

relationship to United States national security; and

"(B) assess the future importance of the domestic aerospace

industry for the economic and national security of the United

States.

"(2) In order to fulfill its responsibilities, the Commission

shall study the following:

"(A) The budget process of the United States Government,

particularly with a view to assessing the adequacy of projected

budgets of the Federal departments and agencies for aerospace

research and development and procurement.

"(B) The acquisition process of the Government, particularly

with a view to assessing -

"(i) the adequacy of the current acquisition process of

Federal departments and agencies; and

"(ii) the procedures for developing and fielding aerospace

systems incorporating new technologies in a timely fashion.

"(C) The policies, procedures, and methods for the financing

and payment of Government contracts.

"(D) Statutes and regulations governing international trade and

the export of technology, particularly with a view to assessing -

"(i) the extent to which the current system for controlling

the export of aerospace goods, services, and technologies

reflects an adequate balance between the need to protect

national security and the need to ensure unhindered access to

the global marketplace; and

"(ii) the adequacy of United States and multilateral trade

laws and policies for maintaining the international

competitiveness of the United States aerospace industry.

"(E) Policies governing taxation, particularly with a view to

assessing the impact of current tax laws and practices on the

international competitiveness of the aerospace industry.

"(F) Programs for the maintenance of the national space launch

infrastructure, particularly with a view to assessing the

adequacy of current and projected programs for maintaining the

national space launch infrastructure.

"(G) Programs for the support of science and engineering

education, including current programs for supporting aerospace

science and engineering efforts at institutions of higher

learning, with a view to determining the adequacy of those

programs.

"(d) Report. - (1) Not later than one year after the date of the

first official meeting of the Commission, the Commission shall

submit a report on its activities to the President and Congress.

"(2) The report shall include the following:

"(A) The Commission's findings and conclusions.

"(B) The Commission's recommendations for actions by Federal

departments and agencies to support the maintenance of a robust

aerospace industry in the United States in the 21st century and

any recommendations for statutory and regulatory changes to

support the implementation of the Commission's findings.

"(C) A discussion of the appropriate means for implementing the

Commission's recommendations.

"(e) Administrative Requirements and Authorities. - (1) The

Director of the Office of Management and Budget shall ensure that

the Commission is provided such administrative services,

facilities, staff, and other support services as may be necessary.

Any expenses of the Commission shall be paid from funds available

to the Director.

"(2) The Commission may hold hearings, sit and act at times and

places, take testimony, and receive evidence that the Commission

considers advisable to carry out the purposes of this section.

"(3) The Commission may request directly from any department or

agency of the United States any information that the Commission

considers necessary to carry out the provisions of this section. To

the extent consistent with applicable requirements of law and

regulations, the head of such department or agency shall furnish

such information to the Commission.

"(4) The Commission may use the United States mails in the same

manner and under the same conditions as other departments and

agencies of the United States.

"(f) Commission Personnel Matters. - (1) Members of the

Commission shall serve without additional compensation for their

service on the Commission, except that members appointed from among

private citizens may be allowed travel expenses, including per diem

in lieu of subsistence, as authorized by law for persons serving

intermittently in Government service under subchapter I of chapter

57 of title 5, United States Code, while away from their homes and

places of business in the performance of services for the

Commission.

"(2) The chairman of the Commission may appoint staff of the

Commission, request the detail of Federal employees, and accept

temporary and intermittent services in accordance with section 3161

of title 5, United States Code (as added by section 1101 of this

Act).

"(g) Termination. - The Commission shall terminate 60 days after

the date of the submission of its report under subsection (d)."

INTERNATIONAL SPACE STATION

Pub. L. 106-391, title II, Secs. 201-203, 205, Oct. 30, 2000, 114

Stat. 1586-1590, provided that:

"SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.

"(a) Bimonthly Reporting on Russian Status. - Not later than the

first day of the first month beginning more than 60 days after the

date of the enactment of this Act [Oct. 30, 2000], and not later

than the first day of every second month thereafter until October

1, 2006, the Administrator [of the National Aeronautics and Space

Administration] shall report to Congress whether or not the

Russians have performed work expected of them and necessary to

complete the International Space Station. Each such report shall

also include a statement of the Administrator's judgment concerning

Russia's ability to perform work anticipated and required to

complete the International Space Station before the next report

under this subsection.

"(b) Decision on Russian Critical Path Items. - The President

shall notify Congress within 90 days after the date of the

enactment of this Act [Oct. 30, 2000] of the decision on whether or

not to proceed with permanent replacement of any Russian elements

in the critical path [as defined in section 3 of Pub. L. 106-391,

42 U.S.C. 2452 note] of the International Space Station or any

Russian launch services. Such notification shall include the

reasons and justifications for the decision and the costs

associated with the decision. Such decision shall include a

judgment of when all elements identified in Revision E assembly

sequence as of June 1999 will be in orbit and operational. If the

President decides to proceed with a permanent replacement for any

Russian element in the critical path or any Russian launch

services, the President shall notify Congress of the reasons and

the justification for the decision to proceed with the permanent

replacement and the costs associated with the decision.

"(c) Assurances. - The United States shall seek assurances from

the Russian Government that it places a higher priority on

fulfilling its commitments to the International Space Station than

it places on extending the life of the Mir Space Station, including

assurances that Russia will not utilize assets allocated by Russia

to the International Space Station for other purposes, including

extending the life of Mir.

"(d) Equitable Utilization. - In the event that any International

Partner in the International Space Station Program willfully

violates any of its commitments or agreements for the provision of

agreed-upon Space Station-related hardware or related goods or

services, the Administrator should, in a manner consistent with

relevant international agreements, seek a commensurate reduction in

the utilization rights of that Partner until such time as the

violated commitments or agreements have been fulfilled.

"(e) Operation Costs. - The Administrator shall, in a manner

consistent with relevant international agreements, seek to reduce

the National Aeronautics and Space Administration's share of

International Space Station common operating costs, based upon any

additional capabilities provided to the International Space Station

through the National Aeronautics and Space Administration's Russian

Program Assurance activities.

"SEC. 202. COST LIMITATION FOR THE INTERNATIONAL SPACE STATION.

"(a) Limitation of Costs. -

"(1) In general. - Except as provided in subsections (c) and

(d), the total amount obligated by the National Aeronautics and

Space Administration for -

"(A) costs of the International Space Station may not exceed

$25,000,000,000; and

"(B) space shuttle launch costs in connection with the

assembly of the International Space Station may not exceed

$17,700,000,000.

"(2) Calculation of launch costs. - For purposes of paragraph

(1)(B) -

"(A) not more than $380,000,000 in costs for any single space

shuttle launch shall be taken into account; and

"(B) if the space shuttle launch costs taken into account for

any single space shuttle launch are less than $380,000,000,

then the Administrator [of the National Aeronautics and Space

Administration] shall arrange for a verification, by the

General Accounting Office, of the accounting used to determine

those costs and shall submit that verification to the Congress

within 60 days after the date on which the next budget request

is transmitted to the Congress.

"(b) Costs to Which Limitation Applies. -

"(1) Development costs. - The limitation imposed by subsection

(a)(1)(A) does not apply to funding for operations, research, or

crew return activities subsequent to substantial completion of

the International Space Station.

"(2) Launch costs. - The limitation imposed by subsection

(a)(1)(B) does not apply -

"(A) to space shuttle launch costs in connection with

operations, research, or crew return activities subsequent to

substantial completion of the International Space Station;

"(B) to space shuttle launch costs in connection with a

launch for a mission on which at least 75 percent of the

shuttle payload by mass is devoted to research; nor

"(C) to any additional costs incurred in ensuring or

enhancing the safety and reliability of the space shuttle.

"(3) Substantial completion. - For purposes of this subsection,

the International Space Station is considered to be substantially

completed when the development costs comprise 5 percent or less

of the total International Space Station costs for the fiscal

year.

"(c) Notice of Changes to Space Station Costs. - The

Administrator shall provide with each annual budget request a

written notice and analysis of any changes under subsection (d) to

the amounts set forth in subsection (a) to the Senate Committees on

Appropriations and on Commerce, Science, and Transportation and to

the House of Representatives Committees on Appropriations and on

Science. In addition, such notice may be provided at other times,

as deemed necessary by the Administrator. The written notice shall

include -

"(1) an explanation of the basis for the change, including the

costs associated with the change and the expected benefit to the

program to be derived from the change;

"(2) an analysis of the impact on the assembly schedule and

annual funding estimates of not receiving the requested

increases; and

"(3) an explanation of the reasons that such a change was not

anticipated in previous program budgets.

"(d) Funding for Contingencies. -

"(1) Notice required. - If funding in excess of the limitation

provided for in subsection (a) is required to address the

contingencies described in paragraph (2), then the Administrator

shall provide the written notice required by subsection (c). In

the case of funding described in paragraph (3)(A), such notice

shall be required prior to obligating any of the funding. In the

case of funding described in paragraph (3)(B), such notice shall

be required within 15 days after making a decision to implement a

change that increases the space shuttle launch costs in

connection with the assembly of the International Space Station.

"(2) Contingencies. - The contingencies referred to in

paragraph (1) are the following:

"(A) The lack of performance or the termination of

participation of any of the International countries party to

the Intergovernmental Agreement.

"(B) The loss or failure of a United States-provided element

during launch or on-orbit.

"(C) On-orbit assembly problems.

"(D) New technologies or training to improve safety on the

International Space Station.

"(E) The need to launch a space shuttle to ensure the safety

of the crew or to maintain the integrity of the station.

"(3) Amounts. - The total amount obligated by the National

Aeronautics and Space Administration to address the contingencies

described in paragraph (2) is limited to -

"(A) $5,000,000,000 for the International Space Station; and

"(B) $3,540,000,000 for the space shuttle launch costs in

connection with the assembly of the International Space

Station.

"(e) Reporting and Review. -

"(1) Identification of costs. -

"(A) Space shuttle. - As part of the overall space shuttle

program budget request for each fiscal year, the Administrator

shall identify separately -

"(i) the amounts of the requested funding that are to be

used for completion of the assembly of the International

Space Station; and

"(ii) any shuttle research mission described in subsection

(b)(2).

"(B) International space station. - As part of the overall

International Space Station budget request for each fiscal

year, the Administrator shall identify the amount to be used

for development of the International Space Station.

"(2) Accounting for cost limitations. - As part of the annual

budget request to the Congress, the Administrator shall account

for the cost limitations imposed by subsection (a).

"(3) Verification of accounting. - The Administrator shall

arrange for a verification, by the General Accounting Office, of

the accounting submitted to the Congress within 60 days after the

date on which the budget request is transmitted to the Congress.

"(4) Inspector general. - Within 60 days after the

Administrator provides a notice and analysis to the Congress

under subsection (c), the Inspector General of the National

Aeronautics and Space Administration shall review the notice and

analysis and report the results of the review to the committees

to which the notice and analysis were provided.

"SEC. 203. RESEARCH ON INTERNATIONAL SPACE STATION.

"(a) Study. - The Administrator [of the National Aeronautics and

Space Administration] shall enter into a contract with the National

Research Council and the National Academy of Public Administration

to jointly conduct a study of the status of life and microgravity

research as it relates to the International Space Station. The

study shall include -

"(1) an assessment of the United States scientific community's

readiness to use the International Space Station for life and

microgravity research;

"(2) an assessment of the current and projected factors

limiting the United States scientific community's ability to

maximize the research potential of the International Space

Station, including, but not limited to, the past and present

availability of resources in the life and microgravity research

accounts within the Office of Human Spaceflight and the Office of

Life and Microgravity Sciences and Applications and the past,

present, and projected access to space of the scientific

community; and

"(3) recommendations for improving the United States scientific

community's ability to maximize the research potential of the

International Space Station, including an assessment of the

relative costs and benefits of -

"(A) dedicating an annual mission of the Space Shuttle to

life and microgravity research during assembly of the

International Space Station; and

"(B) maintaining the schedule for assembly in place at the

time of the enactment [Oct. 30, 2000].

"(b) Report. - Not later than 1 year after the date of the

enactment of this Act [Oct. 30, 2000], the Administrator shall

transmit to the Committee on Science of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a report on the results of the study

conducted under this section.

"SEC. 205. SPACE STATION RESEARCH UTILIZATION AND

COMMERCIALIZATION MANAGEMENT.

"(a) Research Utilization and Commercialization Management

Activities. - The Administrator of the National Aeronautics and

Space Administration shall enter into an agreement with a

non-government organization to conduct research utilization and

commercialization management activities of the International Space

Station subsequent to substantial completion as defined in section

202(b)(3). The agreement may not take effect less than 120 days

after the implementation plan for the agreement is submitted to the

Congress under subsection (b).

"(b) Implementation Plan. - Not later than September 30, 2001,

the Administrator shall submit to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Science of the House of Representatives an implementation plan to

incorporate the use of a non-government organization for the

International Space Station. The implementation plan shall include

-

"(1) a description of the respective roles and responsibilities

of the Administration and the non-government organization;

"(2) a proposed structure for the non-government organization;

"(3) a statement of the resources required;

"(4) a schedule for the transition of responsibilities; and

"(5) a statement of the duration of the agreement."

AERO-SPACE TRANSPORTATION TECHNOLOGY INTEGRATION

Pub. L. 106-391, title III, Sec. 308, Oct. 30, 2000, 114 Stat.

1592, provided that:

"(a) Integration Plan. - The Administrator [of the National

Aeronautics and Space Administration] shall develop a plan for the

integration of research, development, and experimental

demonstration activities in the aeronautics transportation

technology and space transportation technology areas where

appropriate. The plan shall ensure that integration is accomplished

without losing unique capabilities which support the National

Aeronautics and Space Administration's defined missions. The plan

shall also include appropriate strategies for using aeronautics

centers in integration efforts.

"(b) Reports to Congress. - Not later than 90 days after the date

of the enactment of this Act [Oct. 30, 2000], the Administrator

shall transmit to the Congress a report containing the plan

developed under subsection (a). The Administrator shall transmit to

the Congress annually thereafter for 5 years a report on progress

in achieving such plan, to be transmitted with the annual budget

request."

INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE FLIGHT

Pub. L. 106-391, title III, Sec. 313, Oct. 30, 2000, 114 Stat.

1594, provided that:

"(a) Establishment of Program. - In order to promote a 'faster,

cheaper, better' approach to the human exploration and development

of space, the Administrator [of the National Aeronautics and Space

Administration] shall establish a Human Space Flight Innovative

Technologies program of ground-based and space-based research and

development in innovative technologies. The program shall be part

of the Technology and Commercialization program.

"(b) Awards. - At least 75 percent of the amount appropriated for

Technology and Commercialization under section 101(b)(4) [114 Stat.

1581] for any fiscal year shall be awarded through broadly

distributed announcements of opportunity that solicit proposals

from educational institutions, industry, nonprofit institutions,

National Aeronautics and Space Administration Centers, the Jet

Propulsion Laboratory, other Federal agencies, and other interested

organizations, and that allow partnerships among any combination of

those entities, with evaluation, prioritization, and

recommendations made by external peer review panels.

"(c) Plan. - The Administrator shall provide to the Committee on

Science of the House of Representatives and to the Committee on

Commerce, Science, and Transportation of the Senate, not later than

December 1, 2000, a plan to implement the program established under

subsection (a)."

LIFE IN THE UNIVERSE

Pub. L. 106-391, title III, Sec. 314, Oct. 30, 2000, 114 Stat.

1595, provided that:

"(a) Review. - The Administrator [of the National Aeronautics and

Space Administration] shall enter into appropriate arrangements

with the National Academy of Sciences for the conduct of a review

of -

"(1) international efforts to determine the extent of life in

the universe; and

"(2) enhancements that can be made to the National Aeronautics

and Space Administration's efforts to determine the extent of

life in the universe.

"(b) Elements. - The review required by subsection (a) shall

include -

"(1) an assessment of the direction of the National Aeronautics

and Space Administration's astrobiology initiatives within the

Origins program;

"(2) an assessment of the direction of other initiatives

carried out by entities other than the National Aeronautics and

Space Administration to determine the extent of life in the

universe, including other Federal agencies, foreign space

agencies, and private groups such as the Search for

Extraterrestrial Intelligence Institute;

"(3) recommendations about scientific and technological

enhancements that could be made to the National Aeronautics and

Space Administration's astrobiology initiatives to effectively

utilize the initiatives of the scientific and technical

communities; and

"(4) recommendations for possible coordination or integration

of National Aeronautics and Space Administration initiatives with

initiatives of other entities described in paragraph (2).

"(c) Report to Congress. - Not later than 20 months after the

date of the enactment of this Act [Oct. 30, 2000], the

Administrator shall transmit to the Congress a report on the

results of the review carried out under this section."

CARBON CYCLE REMOTE SENSING APPLICATIONS RESEARCH

Pub. L. 106-391, title III, Sec. 315, Oct. 30, 2000, 114 Stat.

1595, provided that:

"(a) Carbon Cycle Remote Sensing Applications Research Program. -

"(1) In general. - The Administrator [of the National

Aeronautics and Space Administration] shall develop a carbon

cycle remote sensing applications research program -

"(A) to provide a comprehensive view of vegetation

conditions;

"(B) to assess and model agricultural carbon sequestration;

and

"(C) to encourage the development of commercial products, as

appropriate.

"(2) Use of centers. - The Administrator of the National

Aeronautics and Space Administration shall use regional earth

science application centers to conduct applications research

under this section.

"(3) Researched areas. - The areas that shall be the subjects

of research conducted under this section include -

"(A) the mapping of carbon-sequestering land use and land

cover;

"(B) the monitoring of changes in land cover and management;

"(C) new approaches for the remote sensing of soil carbon;

and

"(D) region-scale carbon sequestration estimation.

"(b) Authorization of Appropriations. - There is authorized to be

appropriated to carry out this section $5,000,000 of funds

authorized by section 102 [114 Stat. 1581] for fiscal years 2001

through 2002."

100TH ANNIVERSARY OF FLIGHT EDUCATIONAL INITIATIVE

Pub. L. 106-391, title III, Sec. 317, Oct. 30, 2000, 114 Stat.

1596, provided that:

"(a) Educational Initiative. - In recognition of the 100th

anniversary of the first powered flight, the Administrator [of the

National Aeronautics and Space Administration], in coordination

with the Secretary of Education, shall develop and provide for the

distribution, for use in the 2001-2002 academic year and

thereafter, of age-appropriate educational materials, for use at

the kindergarten, elementary, and secondary levels, on the history

of flight, the contribution of flight to global development in the

20th century, the practical benefits of aeronautics and space

flight to society, the scientific and mathematical principles used

in flight, and any other related topics the Administrator considers

appropriate. The Administrator shall integrate into the educational

materials plans for the development and flight of the Mars plane.

"(b) Report to Congress. - Not later than December 1, 2000, the

Administrator shall transmit a report to the Congress on activities

undertaken pursuant to this section."

EARTH OBSERVING SYSTEM PROGRAM

Pub. L. 102-588, title I, Sec. 102(g), Nov. 4, 1992, 106 Stat.

5111, provided that:

"(1) The Administrator [of the National Aeronautics and Space

Administration] shall carry out an Earth Observing System program

that addresses the highest priority international climate change

research goals as defined by the Committee on Earth and

Environmental Sciences and the Intergovernmental Panel on Climate

Change.

"(2)(A) Within 180 days after the date of enactment of this Act

[Nov. 4, 1992], the Administrator shall submit to Congress a plan

which will ensure that the highest priority measurements are

maintained on schedule to the greatest extent practicable while

lower priority measurements are deferred, deleted, or obtained

through other means.

"(B) Within 90 days after the date of enactment of this Act, the

Core System of the Earth Observing System Data and Information

System, the Administrator shall submit to Congress a Development

Plan which -

"(i) identifies the highest risk elements of the development

effort and the key advanced technologies required to

significantly increase scientific productivity;

"(ii) provides a plan for the development of one or more

prototype systems for use in reducing the development risk of

critical system elements and obtaining feedback for scientific

users;

"(iii) provides a plan for research into key advanced

technologies;

"(iv) identifies sufficient resources for carrying out the

Development Plan; and

"(v) identifies how the Earth Observing System Data Information

System will connect to and utilize other federally-supported

research networks, including the National Research and Education

Network."

CONGRESSIONAL FINDINGS AND POLICY

1991 - Pub. L. 102-195, Secs. 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."

1990 - Pub. L. 101-611, title I, Secs. 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 [enacting sections 2459a,

2465a, and 2471a of this title and section 1535 of Title 15,

Commerce and Trade, amending section 2473 of this title and

sections 2601, 2602, 2604, 2614, and 2623 of former Title 49,

Transportation, and enacting provisions set out as notes under

this section and sections 2459, 2465a, and 2471 of this title]

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."

LIFE SCIENCES STRATEGIC PLAN

Pub. L. 101-611, title I, Sec. 113, Nov. 16, 1990, 104 Stat.

3199, provided that:

"(a) Findings. - The Congress finds that -

"(1) the current knowledge base in life sciences is not

compatible with the National Aeronautics and Space

Administration's current objectives in space, and the National

Aeronautics and Space Administration lacks an adequate strategic

plan to acquire a knowledge base;

"(2) it is critical to the success of manned missions in space,

be they commercial operations of microgravity laboratories or

manned missions to Mars, that a realistic appraisal of the

influences of the space environment on biological systems is

completed and appropriate protective countermeasures developed;

"(3) the space station is rapidly approaching design maturity

without a corresponding development of the physiological and

other human factors knowledge base necessary for long-term manned

operations in space; and

"(4) space station laboratory hardware specifications are being

fixed before fully establishing the objectives and requirements

for life sciences research.

"(b) Strategic Plan. - The Administration shall -

"(1) review currently proposed manned space flight missions in

order to -

"(A) identify the physiological and other human factors

knowledge base necessary to determine the human capacity to

adapt to and perform effectively in the space environment

according to mission requirements, including identifying which

life sciences parameters must be measured and which

technologies, processes, and procedures must be developed; and

"(B) develop a schedule indicating when specific components

of information, technologies, processes, or procedures

identified under subparagraph (A) will need to be acquired or

developed in order to verify that human adaptability

requirements of manned space flight missions can be achieved;

"(2) develop a strategy plan for life sciences research and

technology development sufficient to accomplish the life sciences

knowledge base acquisition schedule developed under paragraph

(1)(B), including -

"(A) a crew certification plan setting acceptable crew

conditioning standards for Extended Duration Orbiter operations

and verifying countermeasures sufficient to meet those

standards before actual Extended Duration Orbiter operations;

and

"(B) a life sciences implementation plan for the design and

development of the space station, to be provided as part of the

Preliminary Design Review for the space station, and to include

crew adaptability standards; and

"(3) verify the physiological and technical feasibility of the

life sciences implementation plan developed under paragraph

(2)(B), as part of the Critical Design Review for the space

station."

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]."

NATIONAL AERONAUTICS AND SPACE CAPITAL DEVELOPMENT PROGRAM

Section 101 of Pub. L. 100-685 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 below], 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 [this

chapter];

"(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."

SPACE SETTLEMENTS

Section 217 of Pub. L. 100-685 provided that:

"(a) The Congress declares that the extension of human life

beyond Earth's atmosphere, leading ultimately to the establishment

of space settlements, will fulfill the purposes of advancing

science, exploration, and development and will enhance the general

welfare.

"(b) In pursuit of the establishment of an International Space

Year in 1992 pursuant to Public Law 99-170 [Dec. 5, 1985, 99 Stat.

1012], the United States shall exercise leadership and mobilize the

international community in furtherance of increasing mankind's

knowledge and exploration of the solar system.

"(c) Once every 2 years after the date of the enactment of this

Act [Nov. 17, 1988], the National Aeronautics and Space

Administration shall submit a report to the President and to the

Congress which -

"(1) provides a review of all activities undertaken under this

section including an analysis of the focused research and

development activities on the Space Station, Moon, and other

outposts that are necessary to accomplish a manned mission to

Mars;

"(2) analyzes ways in which current science and technology can

be applied in the establishment of space settlements;

"(3) identifies scientific and technological capacity for

establishing space settlements, including a description of what

steps must be taken to develop such capacity;

"(4) examines alternative space settlement locations and

architectures;

"(5) examines the status of technologies necessary for

extraterrestrial resource development and use and energy

production;

"(6) reviews the ways in which the existence of space

settlements would enhance science, exploration, and development;

"(7) reviews mechanisms and institutional options which could

foster a broad-based plan for international cooperation in

establishing space settlements;

"(8) analyzes the economics of financing space settlements,

especially with respect to private sector and international

participation;

"(9) discusses sociological factors involved in space

settlement such as psychology, political science, and legal

issues; and

"(10) addresses such other topics as the National Aeronautics

and Space Administration considers appropriate."

[For termination, effective May 15, 2000, of provisions relating

to submittal of report to Congress in section 217 of Pub. L.

100-685, set out above, see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and item 13 on page 179 of House Document No. 103-7.]

TEN YEAR STRATEGIC PLAN

Title III of Pub. L. 100-685 provided that:

"AERONAUTICS AND SPACE STRATEGIC PLAN

"Sec. 301. The Administrator should develop an aggressive and

balanced plan of science and applications including but not limited

to -

"(1) the robotic exploration of other solar system bodies;

"(2) the study and observation of other celestial bodies and

phenomena at spectral wave lengths and resolutions that will

enhance our understanding of the universe;

"(3) the enhanced study and monitoring of Earth as an

interacting system;

"(4) the development of a full understanding of the behavior of

biological systems in the space environment; and

"(5) the development of a full understanding of physics and

chemistry of the macroscopic behavior of materials in the

microgravity environment.

"SPACE RESEARCH AND TECHNOLOGY STRATEGIC PLAN

"Sec. 302. The Administrator should develop an aggressive and

balanced plan of space research and technology including but not

limited to -

"(1) fundamental and innovative research as the seedbed for

enabling technologies for future civil space missions;

"(2) focused technology programs keyed to long range, high

priority civil space missions;

"(3) technology research and demonstrations, extending

laboratory activities from Earth to space-based facilities such

as the Space Shuttle, Space Station, orbital platforms, and

eventually the Moon and other planetary bodies; and

"(4) cooperation with, and service to, other space program

sectors with advanced technology and use of ground and

space-based facilities.

"SPACE EXPLORATION STRATEGIC PLAN

"Sec. 303. The Administrator should develop a plan in pursuit of

the continued manned exploration of the solar system and low-Earth

orbit, including but not limited to -

"(1) the establishment of an operational United States

International Space Station that shall be permanently manned; and

"(2) the development of those technologies and systems required

for manned exploration of space beyond earth orbit.

"SPACE TRANSPORTATION STRATEGIC PLAN

"Sec. 304. The Administrator should develop a plan to improve the

manned and unmanned space transportation system including -

"(1) the continued enhancement of the space shuttle and its

ground system in order to increase safety and efficiency and

reduce costs;

"(2) the completion of the development of a heavy-lift

expendable launch vehicle if consistent with mission requirements

of the Administration, the Department of Defense, and other

Federal agencies; and

"(3) the initiation of preliminary design activities for the

next generation of a manned space launch system beyond the space

shuttle.

"AERONAUTICAL RESEARCH AND TECHNOLOGY DEVELOPMENT AND VALIDATION

LONG-RANGE PLAN

"Sec. 305. The Administrator should develop a plan in pursuit of

-

"(1) a vigorous program in aeronautics research and technology

development and validation, emphasizing emerging technologies

with the potential for breakthrough advances to enhance United

States preeminence in civil and military aviation; and

"(2) in cooperation with the Department of Defense, a

technology development program (with an option for a flight

demonstration in 1995) to prove the feasibility of an

air-breathing hypersonic aerospaceplane capable of

single-stage-to-orbit operation and hypersonic cruise in the

atmosphere."

PERMANENTLY MANNED SPACE STATION

Pub. L. 100-147, title I, Secs. 106-112, Oct. 30, 1987, 101 Stat.

863-865, as amended by Pub. L. 102-195, Sec. 16, Dec. 9, 1991, 105

Stat. 1614; Pub. L. 105-362, title XI, Sec. 1101(c), Nov. 10, 1998,

112 Stat. 3292, provided that:

"Sec. 106. (a) The Administrator is directed to undertake the

construction of a permanently manned space station (hereinafter

referred to as the 'space station') to become operational in 1995.

The space station will be used for the following purposes -

"(1) the conduct of scientific experiments, applications

experiments, and engineering experiments;

"(2) the servicing, rehabilitation, and construction of

satellites and space vehicles;

"(3) the development and demonstration of commercial products

and processes; and

"(4) the establishment of a space base for other civilian and

commercial space activities.

"(b) The space station shall be developed and operated in a

manner that supports other science and space activities.

"(c) In order to reduce the cost of operations of the space

station and its ground support system, the Administrator shall

undertake the development of such advanced technologies as may be

appropriate within the level of funding authorized in this Act [see

Tables for classifications].

"(d) The Administrator shall seek to have portions of the space

station constructed and operated by the private sector, where

appropriate.

"(e) The Administrator shall promote international cooperation in

the space station program by undertaking the development,

construction, and operation of the space station in conjunction

with (but not limited to) the Governments of Europe, Japan, and

Canada.

"(f) The space station shall be designed, developed, and operated

in a manner that enables evolutionary enhancement.

"[Sec. 107. Repealed. Pub. L. 105-362, title XI, Sec. 1101(c),

Nov. 10, 1998, 112 Stat. 3292.]

"Sec. 108. In order to ensure that the development of the space

station is part of a balanced civilian space program, the

Administrator is instructed to establish as a goal a funding

profile that limits (1) space station total annual costs under the

capital development plan in section 107 to 25 percent of the total

budget request for the National Aeronautics and Space

Administration and (2) all space station direct operations costs,

except for those costs associated with the utilization of the space

station, to 10 percent of the total budget request for the National

Aeronautics and Space Administration.

"Sec. 109. (a) It is the sense of the Congress that the launching

and servicing of the space station should be accomplished by the

most cost-effective use of space transportation systems, including

the space shuttle and expendable launch vehicles.

"(b) Not later than January 15, 1988, the Administrator shall

submit a preliminary report on the cost-effective use of space

transportation systems for the launch of space station elements

during the development and operation of the space station. The

Administrator shall consider -

"(1) the potential use of future advanced or heavy lift

expendable launch vehicles for purposes of the assembly and

operation of the space station;

"(2) the use of existing expendable launch vehicles of the

National Aeronautics and Space Administration, the Department of

Defense, and the Private Sector;

"(3) the requirement for space shuttle launches; and

"(4) the risk of capital losses from the use of expendable

launch vehicles and the space shuttle.

"Sec. 110. (a) The Administrator shall set and collect reasonable

user fees for the use and maintenance of the space station.

"(b) The Administrator shall set user fees so as to -

"(1) promote the use of the space station consistent with the

policy set forth in section 106;

"(2) recover the costs of the use of the space station,

including reasonable charges for any enhancement needed for such

use; and

"(3) conserve and efficiently allocate the resources of the

space station.

"(c) The Administrator may, on a case-by-case basis, waive or

modify such user fees when in the Administrator's judgment such

waiver or modification will further the goals and purposes of the

National Aeronautics and Space Act of 1958 [42 U.S.C. 2451 et

seq.], including -

"(1) the advancement of scientific or engineering knowledge;

"(2) international cooperation; and

"(3) the commercial use of space.

"Sec. 111. No later than September 30, 1988, the Administrator

shall submit a detailed plan for collecting reimbursements for the

utilization of the space station under section 110, including the

services to be offered, the methodology and bases by which prices

will be charged, and the estimated revenues.

"Sec. 112. The Intergovernmental Agreement currently being

negotiated between the United States Government and Canada, Japan,

and member governments of the European Space Agency, and the

Memorandum of Understanding currently being negotiated between the

National Aeronautics and Space Administration and its counterpart

agencies in Canada, Japan, and Europe concerning the detailed

design, development, construction, operation, or utilization of the

space station shall be submitted to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Science, Space, and Technology of the House of Representatives. No

such agreement shall take effect until 30 days have passed after

the receipt by such committees of the agreement."

FEASIBILITY STUDY ON FLIGHT OPPORTUNITIES FOR DIVERSE SEGMENT OF

AMERICAN PUBLIC

Pub. L. 99-170, title I, Sec. 111, Dec. 5, 1985, 99 Stat. 1016,

provided that: "The Administrator shall initiate an immediate

feasibility study to ensure flight opportunities for a diverse

segment of the American public, including a physically disabled

American."

NATIONAL COMMISSION ON SPACE

Pub. L. 98-361, title II, July 16, 1984, 98 Stat. 427, as amended

by Pub. L. 99-170, title I, Sec. 109, Dec. 5, 1985, 99 Stat. 1016,

established a National Commission on Space, required it to study

existing and proposed space activities, to formulate an agenda for

the civilian space program, to identify long range goals,

opportunities, and policy options for the next 20 years, and to

submit, within 18 months after establishment, a long range plan for

the civilian space activity, and provided that the Commission would

cease to exist 60 days after submission of the plan.

-EXEC-

EXECUTIVE ORDER NO. 10946

Ex. Ord. No. 10946, May 26, 1961, 26 F.R. 4629, which related to

labor disputes at missile and space sites, was revoked by Ex. Ord.

No. 11374, Oct. 11, 1967, 32 F.R. 14199, set out below.

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.

EXECUTIVE ORDER NO. 12490

Ex. Ord. No. 12490, Oct. 12, 1984, 49 F.R. 40393, which related

to the establishment, functions, administration, and termination of

the National Commission on Space, was revoked by Ex. Ord. No.

12610, Sept. 30, 1987, 52 F.R. 36901, formerly set out as a note

under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5, Government Organization and Employees.

EX. ORD. NO. 12675. ESTABLISHING THE NATIONAL SPACE COUNCIL

Ex. Ord. No. 12675, Apr. 20, 1989, 54 F.R. 17691, as amended by

Ex. Ord. No. 12712, Apr. 26, 1990, 55 F.R. 18095; Ex. Ord. No.

12869, Sec. 4(f), Sept. 30, 1993, 58 F.R. 51752, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, and in order to provide a

coordinated process for developing a national space policy and

strategy and for monitoring its implementation, it is hereby

ordered as follows:

Section 1. Establishment and Composition of the National Space

Council.

(a) There is established the National Space Council ("the

Council").

(b) The Council shall be composed of the following members:

(1) The Vice President, who shall be Chairman of the Council;

(2) The Secretary of State;

(3) The Secretary of the Treasury;

(4) The Secretary of Defense;

(5) The Secretary of Commerce;

(6) The Secretary of Transportation;

(7) The Secretary of Energy;

(8) The Director of the Office of Management and Budget;

(9) The Chief of Staff to the President;

(10) The Assistant to the President for National Security

Affairs;

(11) The Assistant to the President for Science and Technology;

(12) The Director of Central Intelligence; and

(13) The Administrator of the National Aeronautics and Space

Administration.

(c) The Chairman shall, from time to time, invite the following

to participate in meetings of the Council:

(1) The Chairman of the Joint Chiefs of Staff; and

(2) The heads of other executive departments and agencies and

other senior officials in the Executive Office of the President.

Sec. 2. Functions of the Council. (a) The Council shall advise

and assist the President on national space policy and strategy, and

perform such other duties as the President may from time to time

prescribe.

(b) In addition, the Council is directed to:

(1) review United States Government space policy, including

long-range goals, and develop a strategy for national space

activities;

(2) develop recommendations for the President on space policy and

space-related issues;

(3) monitor and coordinate implementation of the objectives of

the President's national space policy by executive departments and

agencies; and

(4) foster close coordination, cooperation, and technology and

information exchange among the civil, national security, and

commercial space sectors, and facilitate resolution of differences

concerning major space and space-related policy issues.

(c) The creation and operation of the Council shall not interfere

with existing lines of authority and responsibilities in the

departments and agencies.

Sec. 3. Responsibilities of the Chairman. (a) The Chairman shall

serve as the President's principal advisor on national space policy

and strategy.

(b) The Chairman shall, in consultation with the members of the

Council, establish procedures for the Council and establish the

agenda for Council activities.

(c) The Chairman shall report to the President on the activities

and recommendations of the Council. The Chairman shall advise the

Council as appropriate regarding the President's directions with

respect to the Council's activities and national space policy

generally.

(d) The Chairman shall authorize the establishment of such

committees of the Council, including an executive committee, and of

such working groups, composed of senior designees of the Council

members and of other officials invited to participate in Council

meetings, as he deems necessary or appropriate for the efficient

conduct of Council functions.

Sec. 4. National Space Policy Planning Process. (a) The Council

will establish a process for developing and monitoring the

implementation of national space policy and strategy.

(b) To implement this process, each agency represented on the

Council shall provide such information regarding its current and

planned space activities as the Chairman shall request.

(c) The head of each executive department and agency shall ensure

that its space-related activities conform to national space policy

and strategy.

Sec. 5. [Revoked by Ex. Ord. No. 12869, Sec. 4(f), Sept. 30,

1993, 58 F.R. 51752.]

Sec. 6. Microgravity Research Board. Section 1(c) of Executive

Order No. 12660 is amended by deleting "Economic Policy Council"

and inserting in lieu thereof "National Space Council."

Sec. 7. Administrative Provisions. (a) The Office of

Administration in the Executive Office of the President shall

provide the Council with such administrative support on a

reimbursable basis as may be necessary for the performance of the

functions of the Council.

(b) The President shall appoint an Executive Secretary who shall

appoint such staff as may be necessary to assist in the performance

of the Council's functions.

(c) All Federal departments, agencies, and interagency councils

and committees having an impact on space policy shall extend, as

appropriate, such cooperation and assistance to the Council as is

necessary to carry out its responsibilities under this order.

(d) The head of each agency serving on the Council or represented

on any working group or committee of the Council shall provide such

administrative support as may be necessary, in accordance with law

and subject to the availability of appropriations, to enable the

agency head or its representative to carry out his

responsibilities.

Sec. 8. Report. The Council shall submit an annual report setting

forth its assessment of and recommendations for the space policy

and strategy of the United States Government.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2476 of this title.

-End-

-CITE-

42 USC Sec. 2452 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2452. Definitions

-STATUTE-

As used in this chapter -

(1) 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; and

(2) 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.

-SOURCE-

(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.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in introductory clause, was in the

original "this Act", meaning Pub. L. 85-568, July 29. 1958, 72

Stat. 426, as amended, known as the National Aeronautics and Space

Act of 1958. For complete classification of this Act to the Code,

see Short Title note set out under section 2451 of this title and

Tables.

-MISC1-

AMENDMENTS

1983 - Par. (1)(C), (D). Pub. L. 98-52 added cl. (C) and

redesignated former cl. (C) as (D).

-CROSS-

DEFINITIONS

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)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2486b of this title.

-End-

-CITE-

42 USC Sec. 2453 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2453. Transfer of related functions to Administration

-STATUTE-

(a) Functions of other departments and agencies; transfer of

records, etc.

Subject to the provisions of this section, the President, for a

period of four years after July 29, 1958, may transfer to the

Administration any functions (including powers, duties, activities,

facilities, and parts of functions) of any other department or

agency of the United States, or of any officer or organizational

entity thereof, which relate primarily to the functions, powers,

and duties of the Administration as prescribed by section 2473 of

this title. In connection with any such transfer, the President

may, under this section or other applicable authority, provide for

appropriate transfers of records, property, civilian personnel, and

funds.

(b) Transfers prior to January 1, 1959; report to Congress

Whenever any such transfer is made before January 1, 1959, the

President shall transmit to the Speaker of the House of

Representatives and the President pro tempore of the Senate a full

and complete report concerning the nature and effect of such

transfer.

(c) Transfers after December 31, 1958; report to Congress; approval

of Congress

After December 31, 1958, no transfer shall be made under this

section until (1) a full and complete report concerning the nature

and effect of such proposed transfer has been transmitted by the

President to the Congress, and (2) the first period of sixty

calendar days of regular session of the Congress following the date

of receipt of such report by the Congress has expired without the

adoption by the Congress of a concurrent resolution stating that

the Congress does not favor such transfer.

-SOURCE-

(Pub. L. 85-568, title III, Sec. 302, July 29, 1958, 72 Stat. 433.)

-EXEC-

EX. ORD. NO. 10783. TRANSFER OF FUNCTIONS FROM DEPARTMENT OF

DEFENSE TO NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Ex. Ord. No. 10783, Oct. 1, 1958, 23 F.R. 7643, provided:

Section 1. All functions (including powers, duties, activities,

and parts of functions) of the Department of Defense, or of any

officer or organizational entity of the Department of Defense, with

respect to the following are hereby transferred to the National

Aeronautics and Space Administration:

(a) The United States scientific satellite project (Project

VANGUARD).

(b) Specific projects of the Advanced Research Projects Agency

[now Defense Advanced Research Projects Agency] and of the

Department of the Air Force which relate to space activities

(including lunar probes, scientific satellites and superthrust

boosters) within the scope of the functions developing upon the

National Aeronautics and Space Administration under the provisions

of the National Aeronautics and Space Act of 1958 [this chapter],

and which shall be more particularly described in one or more

supplementary Executive orders hereafter issued.

Sec. 2. (a) The Secretary of the Treasury shall immediately

transfer to the appropriation of the National Aeronautics and Space

Administration for "Research and Development", from such

appropriations of the Department of Defense as the Secretary of

Defense shall designate, the following amounts:

(1) In connection with the transfer of functions provided for in

section 1(a) hereof, such amounts as shall be determined by the

Director of the Bureau of the Budget [now Office of Management and

Budget] pursuant to section 202(b) of the Budget and Accounting

Procedures Act of 1950 [see 31 U.S.C. 1531] and section 1(k) of

Executive Order No. 10530 of May 1, 1954 [set out as a note under

section 301 of Title 3, The President].

(2) In connection with the transfer of functions of the Advanced

Research Projects Agency [now Defense Advanced Research Projects

Agency] provided for in section 1(b) hereof, $59,200,000.

(3) In connection with the transfer of functions of the

Department of the Air Force provided for in section 1(b) hereof,

$57,800,000.

(b) In connection with the transfer of functions provided for in

section 1, appropriate transfers of records, property, facilities,

and civilian personnel shall be carried out as may be agreed upon

from time to time by the National Aeronautics and Space

Administration and the Department of Defense.

Dwight D. Eisenhower.

EX. ORD. NO. 10793. TRANSFER OF CERTAIN FUNCTIONS FROM DEPARTMENT

OF DEFENSE TO NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Ex. Ord. No. 10793, Dec. 3, 1958, 23 F.R. 9405, provided:

By virtue of the authority vested in me by the National

Aeronautics and Space Act of 1958 (Public Law 85-568; 72 Stat. 426)

[this chapter] and section 202(b) of the Budget and Accounting

Procedures Act of 1950 (31 U.S.C. 581c(b) [see 31 U.S.C. 1531]),

and as President of the United States, it is ordered as follows:

Section 1. Those functions (including powers, duties, activities,

and parts of functions) of the Department of the Army or of any

officer or organizational entity thereof which are now being

performed at the Jet Propulsion Laboratory of the California

Institute of Technology, near Pasadena, California (hereinafter

referred to as the Laboratory), except so much thereof as relates

primarily to military operations and weapon system development

programs, are hereby transferred to the National Aeronautics and

Space Administration.

Sec. 2. In connection with the transfer of functions provided for

in section 1 of this order, there is hereby transferred to the

National Aeronautics and Space Administration custody, possession,

and control of the Government-owned property occupied or utilized

by the Laboratory except those items of equipment therein which

relate primarily to military operations and weapon system

development programs of the Department of the Army.

Sec. 3. The Department of Defense and the National Aeronautics

and Space Administration shall effect necessary administrative

arrangements, including appropriate transfer of records, in

connection with the transfers of functions and property provided

for in sections 1 and 2 hereof. In order to provide for the most

effective utilization of scientific and engineering resources, the

National Aeronautics and Space Administration shall to the extent

permitted by its own programs and facilities provide research and

development support at the Laboratory in respect of military

matters to the Department of Defense.

Sec. 4. The Secretary of the Treasury shall immediately transfer

from such appropriations of the Department of Defense pertinent to

the functions transferred by section 1 of this order as the

Secretary of Defense shall designate, to such appropriations of the

National Aeronautics and Space Administration as the Administrator

of the National Aeronautics and Space Administration shall specify,

the amount of $4,078,250.

Dwight D. Eisenhower.

TRANSFER PLAN

-MISC1-

MAR. 15, 1960, 25 F.R. 2151

Transmitted by the President and delivered to the Congress January

14, 1960, pursuant to the provisions of section 302 of the

National Aeronautics and Space Act of 1958 (72 Stat. 433) [this

section]

-EXEC-

MAKING CERTAIN TRANSFERS FROM THE DEPARTMENT OF DEFENSE TO THE

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Section 1. Those functions (including powers, duties, activities,

and parts of functions) of the Department of Defense, or of any

officer or organizational entity thereof, relating to the

development of space vehicle systems (excluding ballistic missiles)

and research connected therewith, which are being performed by the

Army Ballistic Missile Agency of the Department of the Army, or by

any officer or organizational entity of the said Agency, are

transferred to the National Aeronautics and Space Administration.

Sec. 2. (a) The following shall be transferred to the National

Aeronautics and Space Administration, pursuant to authority

conferred by the provisions of section 302(a) of the National

Aeronautics and Space Act of 1958 [this section] and other

applicable authority, at such time or times as may be appropriate:

(1) So much of the unexpended balances of appropriations,

allocations, and other funds of the Department of Defense,

available or to be made available, as the Director of the Bureau of

the Budget [now Office of Management and Budget] shall determine to

relate to the functions transferred by the provisions of section 1

of this transfer plan and to be needed by the National Aeronautics

and Space Administration in connection with those functions.

(2) To the extent needed by the National Aeronautics and Space

Administration in connection with the aforesaid transferred

functions, (i) civilian personnel employed in the Development

Operations Division of the Army Ballistic Missile Agency, and other

civilian personnel employed in the Department of the Army for

administrative and technical support of the Development Operations

Division, together with their respective positions, and (ii)

records and property of the Department of Defense (including those

of any organizational entity of the Department of Defense) relating

to the said transferred functions. The Secretary of Defense and the

Administrator of the National Aeronautics and Space Administration,

jointly, or, to any extent that they shall fail to agree, the

Director of the Bureau of the Budget, shall (A) determine the

number of employees to be so transferred and the identity of the

particular employees who are to be transferred, (B) designate the

specific records and property to be transferred, and (C) fix the

date or dates of these transfers.

(b) Without limiting the foregoing provisions of this transfer

plan, the functions transferred to the National Aeronautics and

Space Administration by the provisions of section 1 of this

transfer plan shall include so much of the functions of the

Department of Defense, or of any officer or organizational entity

thereof, as relate to the appointment and pay of civilian personnel

employed in the Development Operations Division of the Army

Ballistic Missile Agency, including authority to continue certain

transferred positions in grades 16, 17, and 18 of the General

Schedule of the Classification Act of 1949, as amended, pursuant to

the provisions of section 1, of Public Law 86-377 [see sections

3324 and 5708 of Title 5, Government Organization and Employees],

and authority to continue certain transferred positions requiring

the services of specially qualified scientists or professional

personnel pursuant to the provisions of section 2 of Public Law

86-377 [section 1581 of Title 10, Armed Forces].

(c) Such further measures and dispositions as the Director of the

Bureau of the Budget shall deem to be necessary in order to

effectuate transfers under the foregoing provisions of this section

shall be carried out in such manner as he shall direct and by such

agencies as he shall designate.

Sec. 3. The provisions of this transfer plan shall become

effective upon the expiration of the first period of sixty calendar

days of regular session of the Congress following the date stated

in the heading hereof unless the Congress has during that period

adopted a concurrent resolution stating that Congress does not

favor this transfer plan. Thereafter, as promptly as may be, this

transfer plan shall be published in the Federal Register.

-End-

-CITE-

42 USC Sec. 2454 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2454. Access to information

-STATUTE-

(a) Information obtained or developed by the Administrator in the

performance of his functions under this chapter shall be made

available for public inspection, except (A) information authorized

or required by Federal statute to be withheld, (B) information

classified to protect the national security, and (C) information

described in subsection (b) of this section: Provided, That nothing

in this chapter shall authorize the withholding of information by

the Administrator from the duly authorized committees of the

Congress.

(b) The Administrator, for a period of up to 5 years after the

development of information that results from activities conducted

under an agreement entered into under section 2473(c)(5) and (6) 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, may provide appropriate protections against the

dissemination of such information, including exemption from

subchapter II of chapter 5 of title 5.

-SOURCE-

(Pub. L. 85-568, title III, Sec. 303, July 29, 1958, 72 Stat. 433;

Pub. L. 102-588, title V, Sec. 509, Nov. 4, 1992, 106 Stat. 5129.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 85-568, July 29, 1958, 72 Stat. 426, as

amended, known as the National Aeronautics and Space Act of 1958.

For complete classification of this Act to the Code, see Short

Title note set out under section 2451 of this title and Tables.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-588 designated existing provisions as subsec.

(a), substituted "(B)" for "and (B)", inserted cl. (C), and added

subsec. (b).

-End-

-CITE-

42 USC Sec. 2455 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2455. Security requirements

-STATUTE-

(a) Establishment; investigations; referral to Federal Bureau of

Investigation

The Administrator shall establish such security requirements,

restrictions, and safeguards as he 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 he deems appropriate; and if any such

investigation develops any data reflecting that the individual who

is the subject thereof 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.

(b) Access to Restricted Data of Atomic Energy Commission

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 2165(b) of this title, to permit any

member, officer, or employee of the Council, or the Administrator,

or any officer, employee, member of an advisory committee,

contractor, subcontractor, or officer or employee of a contractor

or subcontractor of the 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 2165 of this title. 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 2163 of this title.

-SOURCE-

(Pub. L. 85-568, title III, Sec. 304(a), (b), July 29, 1958, 72

Stat. 433, 434; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1,

1979, 43 F.R. 36037, 92 Stat. 3783.)

-COD-

CODIFICATION

Section is comprised of subsecs. (a) and (b) of section 304 of

Pub. L. 85-568. Subsecs. (c) and (d) of section 304 are classified

to sections 799 and 1114, respectively, of Title 18, Crimes and

Criminal Procedure. Subsec. (e) of section 304 is classified to

section 2456 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Office of Personnel Management" substituted for

"Civil Service Commission" in subsec. (a), pursuant to Reorg. Plan

No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, which transferred all functions vested by statute in

United States Civil Service Commission to Director of Office of

Personnel Management (except as otherwise specified), effective

Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,

Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

ABOLITION OF NATIONAL AERONAUTICS AND SPACE COUNCIL

The National Aeronautics and Space Council, including office of

Executive Secretary of Council, together with functions of Council,

abolished by section 3(a)(4) of Reorg. Plan No. 1 of 1973, 38 F.R.

9579, 87 Stat. 1089, effective July 1, 1973, set out in the

Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-

42 USC Sec. 2456 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2456. Permission to use firearms

-STATUTE-

The Administrator may direct such of the officers and employees

of the Administration as he deems necessary in the public interest

to carry firearms while in the conduct of their official duties.

The Administrator may also authorize such of those employees of the

contractors and subcontractors of the Administration engaged in the

protection of property owned by the United States and located at

facilities owned by or contracted to the United States as he deems

necessary in the public interest, to carry firearms while in the

conduct of their official duties.

-SOURCE-

(Pub. L. 85-568, title III, Sec. 304(e), July 29, 1958, 72 Stat.

435.)

-COD-

CODIFICATION

Section is comprised of subsec. (e) of section 304 of Pub. L.

85-568. Subsecs. (a) and (b) of section 304 are classified to

section 2455 of this title. Subsecs. (c) and (d) of section 304 are

classified to sections 799 and 1114, respectively, of Title 18,

Crimes and Criminal Procedure. Subsec. (f) of section 304 is

classified to section 2456a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2456a of this title.

-End-

-CITE-

42 USC Sec. 2456a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2456a. Arrest authority

-STATUTE-

Under regulations to be prescribed by the Administrator and

approved by the Attorney General of the United States, those

employees of the Administration and of its contractors and

subcontractors authorized to carry firearms under section 2456 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.

-SOURCE-

(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.)

-COD-

CODIFICATION

Section is comprised of subsec. (f) of section 304 of Pub. L.

85-568. Subsecs. (a) and (b) of section 304 are classified to

section 2455 of this title. Subsecs. (c) and (d) of section 304 are

classified to sections 799 and 1114, respectively, of Title 18,

Crimes and Criminal Procedure. Subsec. (e) of section 304 is

classified to section 2456 of this title.

-End-

-CITE-

42 USC Sec. 2457 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2457. Property rights in inventions

-STATUTE-

(a) Exclusive property of United States; issuance of patent

Whenever any invention is made in the performance of any work

under any contract of the Administration, and the Administrator

determines that -

(1) 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 he was employed or assigned to

perform, or that it was within the scope of his 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

(2) 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 he 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 clause (1),

such invention shall be the exclusive property of the United

States, 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 (f) of this section.

(b) 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 such 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.

(c) 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

thirty days after request therefor by the Director, a written

statement executed under oath setting forth the full facts

concerning the circumstances under which such invention was made

and stating the relationship (if any) of such 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.

(d) Issuance of patent to applicant; request by Administrator;

notice; hearing; determination; review

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 ninety days after receipt of such application

and statement, requests that such patent be issued to him 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 thirty days after receipt

of such notice requests a hearing before the Board of Patent

Appeals and Interferences on the question whether the Administrator

is entitled under this section to receive such patent. The Board

may hear and determine, in accordance with rules and procedures

established for interference 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 Board of Patent Appeals and Interferences in

other proceedings.

(e) False representations; request for transfer of title to patent;

notice; hearing; determination; review

Whenever any patent has been issued to any applicant in

conformity with subsection (d) of this section, and the

Administrator thereafter has reason to believe that the statement

filed by the applicant in connection therewith contained any false

representation of any material fact, the Administrator within five

years after the date of issuance of such patent may file with the

Director a request for the transfer to the Administrator of title

to such patent on the records of the Director. Notice of any such

request shall be transmitted by the Director to the owner of record

of such patent, and title to such patent shall be so transferred to

the Administrator unless within thirty days after receipt of such

notice such owner of record requests a hearing before the Board of

Patent Appeals and Interferences on the question whether any such

false representation was contained in such statement. Such question

shall be heard and determined, and determination thereof shall be

subject to review, in the manner prescribed by subsection (d) of

this section for questions arising thereunder. No request made by

the Administrator under this subsection for the transfer of title

to any patent, and no prosecution for the violation of any criminal

statute, shall be barred by any failure of the Administrator to

make a request under subsection (d) of this section for the

issuance of such patent to him, or by any notice previously given

by the Administrator stating that he had no objection to the

issuance of such patent to the applicant therefor.

(f) Waiver of rights to inventions; Inventions and Contributions

Board

Under such regulations in conformity with this subsection as the

Administrator shall prescribe, he 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.

(g) Repealed. Pub. L. 96-517, Sec. 7(b), Dec. 12, 1980, 94 Stat.

3027

(h) Protection of title

The Administrator is authorized to take all suitable and

necessary steps to protect any invention or discovery to which he

has title, and to require that contractors or persons who retain

title to inventions or discoveries under this section 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) Definitions

As used in this section -

(1) the term "person" means any individual, partnership,

corporation, association, institution, or other entity;

(2) 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; and

(3) the term "made", when used in relation to any invention,

means the conception or first actual reduction to practice of

such invention.

(k) 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.

(l) 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.

-SOURCE-

(Pub. L. 85-568, title III, Sec. 305, July 29, 1958, 72 Stat. 435;

Pub. L. 96-517, Sec. 7(b), Dec. 12, 1980, 94 Stat. 3027; Pub. L.

97-96, 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-585.)

-MISC1-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-113 substituted "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')" for "Commissioner of Patents" and

substituted "Director" for "Commissioner" wherever appearing.

Subsecs. (d), (e). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,

Sec. 4732(b)(20)(B)], substituted "Director" for "Commissioner"

wherever appearing.

1984 - Subsec. (d). Pub. L. 98-622, Sec. 205(c)(1), substituted

"the Board of Patent Appeals and Interferences" for "a Board of

Patent Interferences" and "the Board of Patent Interferences".

Subsec. (e). Pub. L. 98-622, Sec. 205(c)(2), substituted "the

Board of Patent Appeals and Interferences" for "a Board of Patent

Interferences".

1982 - Subsec. (d). Pub. L. 97-164 substituted "United States

Court of Appeals for the Federal Circuit" for "Court of Customs and

Patent Appeals".

1981 - Subsecs. (k), (l). Pub. L. 97-96 added subsecs. (k) and

(l).

1980 - Subsec. (g). Pub. L. 96-517 repealed subsec. (g) which

related to license regulations.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-622 effective three months after Nov. 8,

1984, see section 207 of Pub. L. 98-622 set out as a note under

section 41 of Title 35, Patents.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-517 effective July 1, 1981, but

implementing regulations authorized to be issued earlier, see

section 8(f) of Pub. L. 96-517, set out as a note under section 41

of Title 35, Patents.

EMERGENCY RELIEF FROM POSTAL SITUATION AFFECTING NATIONAL SPACE

PROGRAM CASES

Excusal of delayed fees or actions affected by postal situation

beginning on Mar. 18, 1970, and ending on or about Mar. 30, 1970,

see Pub. L. 92-34, June 30, 1971, 85 Stat. 87, set out as a note

under section 111 of Title 35, Patents.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2458, 2459b of this

title; title 35 section 210.

-End-

-CITE-

42 USC Sec. 2458 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2458. Contributions awards

-STATUTE-

(a) Applications; referral to Board; hearing; recommendations;

determination by Administrator

Subject to the provisions of this section, the Administrator is

authorized, upon his own initiative or upon application of any

person, to make a monetary award, in such amount and upon such

terms as he shall determine to be warranted, to any person (as

defined by section 2457 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 any

such award shall be referred to the Inventions and Contributions

Board established under section 2457 of this title. Such Board

shall accord to each such applicant an opportunity for hearing upon

such application, and shall transmit to the Administrator its

recommendation as to the terms of the award, if any, to be made to

such applicant for such contribution. In determining the terms and

conditions of any 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 such 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 such contribution by the United States; and

(4) such other factors as the Administrator shall determine to

be material.

(b) Apportionment of awards; surrender of claims to compensation;

limitation on amount; reports to Congressional committees

If more than one applicant under subsection (a) of this section

claims an interest in the same contribution, the Administrator

shall ascertain and determine the respective interests of such

applicants, and shall apportion any award to be made with respect

to such contribution among such applicants in such proportions as

he shall determine to be equitable. No award may be made under

subsection (a) of this section with respect to any contribution -

(1) unless the applicant surrenders, by such means as the

Administrator shall determine to be effective, all claims which

such applicant may have to receive any compensation (other than

the award made under this section) for the use of such

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 any treaty or agreement with the United

States, within the United States or at any other place;

(2) in any amount exceeding $100,000, unless the Administrator

has transmitted to the appropriate committees of the Congress a

full and complete report concerning the amount and terms of, and

the basis for, such proposed award, and thirty calendar days of

regular session of the Congress have expired after receipt of

such report by such committees.

-SOURCE-

(Pub. L. 85-568, title III, Sec. 306, July 29, 1958, 72 Stat. 437.)

-End-

-CITE-

42 USC Sec. 2458a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2458a. Malpractice and negligence suits against United States

-STATUTE-

(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 his duties or employment therein or therefor shall

hereafter be exclusive of any other civil action or proceeding by

reason of the same subject matter against such physician, dentist,

nurse, pharmacist, or paramedical or other supporting personnel (or

the estate of such person) whose act or omission gave rise to such

action or proceeding.

(b) Attorney General to defend any civil action or proceeding for

malpractice or negligence; service of process

The Attorney General shall defend any civil action or proceeding

brought in any court against any person referred to in subsection

(a) of this section (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 and 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; certification by Attorney General; remand

to State court

Upon a certification by the Attorney General that any person

described in subsection (a) of this section 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

where- in 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 United States district court

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) of this section 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 of 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 his designee may, to the extent that the

Administrator or his designee deem appropriate, hold harmless or

provide liability insurance for any person described in subsection

(a) of this section 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.

-SOURCE-

(Pub. L. 85-568, title III, Sec. 307, as added Pub. L. 94-464, Sec.

3, Oct. 8, 1976, 90 Stat. 1988.)

-MISC1-

PRIOR PROVISIONS

A prior section 307 of Pub. L. 85-568 was renumbered section 310

and is classified to section 2459 of this title.

EFFECTIVE DATE

Section effective Oct. 8, 1976, see section 4 of Pub. L. 94-464,

set out as a note under section 1089 of Title 10, Armed Forces.

-End-

-CITE-

42 USC Sec. 2458b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2458b. Insurance and indemnification

-STATUTE-

(a) 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 2473(c) of this title.

(b) 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: Provided, That such indemnification may be limited to claims

resulting from other than the actual negligence or willful

misconduct of the user.

(c) Terms of indemnification agreement; notice; United States

control of or assistance in defense

An agreement made under subsection (b) of this section 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.

(d) Certification of just and reasonable amount

No payment may be made under subsection (b) of this section

unless the Administrator or his designee certifies that the amount

is just and reasonable.

(e) Payments

Upon the approval by the Administrator, payments under subsection

(b) of this section 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.

(f) Definitions

As used in this section -

(1) 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) 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; and

(3) 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.

-SOURCE-

(Pub. L. 85-568, title III, Sec. 308, as added Pub. L. 96-48, Sec.

6(b)(2), Aug. 8, 1979, 93 Stat. 348.)

-MISC1-

PRIOR PROVISIONS

A prior section 308 of Pub. L. 85-568 was renumbered section 310

and is classified to section 2459 of this title.

EFFECTIVE DATE

Section 6(c) of Pub. L. 96-48 provided that: "This section

[enacting this section and amending section 2473 of this title]

shall be effective October 1, 1979."

EXPERIMENTAL AEROSPACE VEHICLE INSURANCE; INDEMNIFICATION;

LIABILITY

Pub. L. 105-276, title IV, Sec. 431, Oct. 21, 1998, 112 Stat.

2513, authorized the Administrator to insure or indemnify the

developer of an experimental aerospace vehicle developed or used in

execution of an agreement between the Administrator and developer,

prior to repeal by Pub. L. 106-74, title IV, Sec. 435(b), Oct. 20,

1999, 113 Stat. 1100. See section 2458c of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2458c of this title.

-End-

-CITE-

42 USC Sec. 2458c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2458c. Experimental aerospace vehicle

-STATUTE-

(a) 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.

(b) Terms and conditions

(1) In general

Except as otherwise provided in this section, the insurance and

indemnification provided by the Administration under subsection

(a) of this section to a developer shall be provided on the same

terms and conditions as insurance and indemnification is provided

by the Administration under section 2458b 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 70112(a)(3) of title 49 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 70112(a)(3)(A) of title 49 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 (a) of this section 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 (a) of this section, 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 (c) of this section.

(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 2458b(b) 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 70113 of title

49.

(c) 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

Subsection (c) of this section applies to any waiver of claims

entered into by the Administration without regard to whether it

was entered into before, on, or after October 20, 1999.

(d) 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.

(e) Relationship to other laws

(1) Section 2458b

This section does not apply to any object, transaction, or

operation to which section 2458b of this title applies.

(2) Chapter 701 of title 49

The Administrator may not provide indemnification to a

developer under this section for launches subject to license

under section 70117(g)(1) of title 49.

(f) Termination

(1) In general

The provisions of this section shall terminate on December 31,

2002, except that the Administrator may extend the termination

date to a date not later than September 30, 2005, if the

Administrator determines that such extension is in the interests

of the United States.

(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.

-SOURCE-

(Pub. L. 85-568, title III, Sec. 309, formerly title III, as added

Pub. L. 106-74, title IV, Sec. 435(a), Oct. 20, 1999, 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.)

-COD-

CODIFICATION

October 20, 1999, referred to in subsec. (c)(3), was in the

original "the date of the enactment of this Act", which was

translated as meaning the date of enactment of Pub. L. 106-74,

which enacted this section, to reflect the probable intent of

Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 309 of Pub. L. 85-568 was renumbered section 310

and is classified to section 2459 of this title.

AMENDMENTS

2000 - Subsec. (c)(1). Pub. L. 106-391, Sec. 324(b)(1),

substituted "departments, agencies, and instrumentalities" for

"departments, agencies, and related entities".

Subsec. (c)(2)(D). Pub. L. 106-391, Sec. 324(b)(2), added subpar.

(D).

Subsec. (f). Pub. L. 106-391, Sec. 324(b)(3), added subsec. (f).

-End-

-CITE-

42 USC Sec. 2459 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2459. Appropriations

-STATUTE-

(a) Authorization; limitations for uses of capital nature

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 (1) the

acquisition or condemnation of any real property, or (2) any other

item of a capital nature (such as plant or facility acquisition,

construction, or expansion) which exceeds $250,000. 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.

-SOURCE-

(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.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 85-568, July 29, 1958, 72 Stat. 426, as

amended, known as the National Aeronautics and Space Act of 1958.

For complete classification of this Act to the Code, see Short

Title note set out under section 2451 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 310 of Pub. L. 85-568 was renumbered section 311

and is classified to section 2459b of this title.

AMENDMENTS

1963 - Subsec. (c). Pub. L. 88-113 added subsec. (c).

DRUG-FREE WORKPLACE

Pub. L. 100-685, title II, Sec. 215, Nov. 17, 1988, 102 Stat.

4093, provided that:

"(a) No funds authorized to be appropriated under this Act, or

under any other Act authorizing appropriations for fiscal year 1989

through 1993 for the Administration, shall be obligated or expended

unless the Administration has in place, and will continue to

administer in good faith, a written policy designed to ensure that

all of its workplaces are free from the illegal use, possession, or

distribution of controlled substances (as defined in the Controlled

Substances Act [21 U.S.C. 801 et seq.]) by the officers and

employees of the Administration.

"(b) No funds authorized to be appropriated to the Administration

for fiscal years 1989 through 1993 shall be available for payment

in connection with any grant, contract, or other agreement, unless

the recipient of such grant, contractor, or party to such

agreement, as the case may be, has in place and will continue to

administer in good faith a written policy, adopted by the board of

directors or other government authority of such recipient,

contractor, or party, satisfactory to the Administrator of the

Administration, designed to ensure that all of the workplaces of

such recipient, contractor, or party are free from the illegal use,

possession, or distribution of controlled substances (as defined in

the Controlled Substances Act) by the officers and employees of

such recipient, contractor, or party.

"(c) The provisions of this section, and the provisions of the

Steel and Aluminum Energy Conservation and Technology

Competitiveness Act of 1988 [15 U.S.C. 5101 et seq.], the National

Institute of Standards and Technology Authorization Act for Fiscal

Year 1989 [Pub. L. 100-519, title I, Oct. 24, 1988, 102 Stat.

2589], the National Science Foundation Authorization Act for Fiscal

Years 1989 and 1990 [probably means Pub. L. 100-570, Oct. 31, 1988,

102 Stat. 2865], and the National Nutrition Monitoring and Related

Research Act of 1988 [probably means S. 1081, One Hundredth

Congress, which was pocket vetoed], relating to a drug-free

workplace, shall not be effective until January 16, 1989."

GEOGRAPHICAL DISTRIBUTION OF RESEARCH FUNDS

Provisions stating the sense of Congress that it is in the

national interest that consideration be given to geographical

distribution of Federal research funds whenever feasible, and that

the National Aeronautics and Space Administration should explore

ways and means of distributing its research and development funds

whenever feasible were contained in the following appropriation

authorization acts:

Pub. L. 102-588, title II, Sec. 209, Nov. 4, 1992, 106 Stat.

5115.

Pub. L. 102-195, Sec. 9, Dec. 9, 1991, 105 Stat. 1612.

Pub. L. 101-611, title I, Sec. 109, Nov. 16, 1990, 104 Stat.

3197.

Pub. L. 100-685, title II, Sec. 205, Nov. 17, 1988, 102 Stat.

4090.

Pub. L. 100-147, title I, Sec. 113(a), Oct. 30, 1987, 101 Stat.

865.

Pub. L. 99-170, title I, Sec. 105, Dec. 5, 1985, 99 Stat. 1015.

Pub. L. 98-361, title I, Sec. 105, July 16, 1984, 98 Stat. 425.

Pub. L. 98-52, title I, Sec. 105, July 15, 1983, 97 Stat. 284.

Pub. L. 97-324, title I, Sec. 105, Oct. 15, 1982, 96 Stat. 1600.

Pub. L. 97-96, Sec. 5, Dec. 21, 1981, 95 Stat. 1210.

Pub. L. 96-316, Sec. 5, July 30, 1980, 94 Stat. 963.

Pub. L. 96-48, Sec. 5, Aug. 8, 1979, 93 Stat. 348.

Pub. L. 95-401, Sec. 5, Sept. 30, 1978, 92 Stat. 860.

Pub. L. 95-76, Sec. 5, July 30, 1977, 91 Stat. 315.

Pub. L. 94-307, Sec. 5, June 4, 1976, 90 Stat. 680.

Pub. L. 94-39, Sec. 5, June 19, 1975, 89 Stat. 221.

Pub. L. 93-316, Sec. 5, June 22, 1974, 88 Stat. 243.

Pub. L. 93-74, Sec. 5, July 23, 1973, 87 Stat. 174.

Pub. L. 92-304, Sec. 5, May 19, 1972, 86 Stat. 161.

Pub. L. 92-68, Sec. 5, Aug. 6, 1971, 85 Stat. 176.

Pub. L. 91-303, Sec. 5, July 2, 1970, 84 Stat. 371.

Pub. L. 91-119, Sec. 5, Nov. 18, 1969, 83 Stat. 198.

Pub. L. 90-373, Sec. 6, July 3, 1968, 82 Stat. 283.

Pub. L. 90-67, Sec. 5, Aug. 21, 1967, 81 Stat. 170.

Pub. L. 89-528, Sec. 5, Aug. 5, 1966, 80 Stat. 339.

Pub. L. 89-53, Sec. 5, June 28, 1965, 79 Stat. 194.

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 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. 91-308, Sec. 26, July 2, 1970, 84 Stat. 372.

Pub. L. 91-119, Sec. 7, Nov. 18, 1969, 83 Stat. 201.

APPROPRIATIONS FOR ANY PERIOD PRIOR TO JUNE 30, 1960

Sections 701 of Pub. L. 85-766, title VII, Aug. 27, 1958, 72

Stat. 873, prohibited appropriations to the National Aeronautics

and Space Administration for any period prior to June 30, 1960,

unless previously authorized.

-End-

-CITE-

42 USC Sec. 2459a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2459a. Availability of appropriated amounts

-STATUTE-

Appropriations authorized under this Act for "Research and

Development", for "Space Flight, Control, and Data Communications",

or for "Construction of Facilities" may remain available until

expended. Contracts may be entered into under "Inspector General"

and "Research and Program Management" for training, investigations,

and costs associated with personnel relocation and for other

services provided during the fiscal year following the fiscal year

in which funds are appropriated.

-SOURCE-

(Pub. L. 102-588, title II, Sec. 202, Nov. 4, 1992, 106 Stat.

5112.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 102-588, Nov. 4, 1992,

106 Stat. 5107, known as the National Aeronautics and Space

Administration Authorization Act, Fiscal Year 1993. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section is based on the appropriation authorization act cited as

a credit to this section.

Section was formerly classified to section 699 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation authorization acts:

Pub. L. 102-195, Sec. 4(g), Dec. 9, 1991, 105 Stat. 1609.

Pub. L. 101-611, title I, Sec. 103(b)(2), Nov. 16, 1990, 104

Stat. 3195.

Pub. L. 100-685, title II, Sec. 201(c), Nov. 17, 1988, 102 Stat.

4089.

Pub. L. 100-147, title I, Sec. 101(g), Oct. 30, 1987, 101 Stat.

862.

Pub. L. 99-170, title I, Sec. 101(f), Dec. 5, 1985, 99 Stat.

1014.

Pub. L. 98-361, title I, Sec. 101(f), July 16, 1984, 98 Stat.

424.

Pub. L. 98-52, title I, Sec. 101(e), July 15, 1983, 97 Stat. 282.

Pub. L. 97-324, title I, Sec. 101(e), Oct. 15, 1982, 96 Stat.

1598.

Pub. L. 97-96, Sec. 1(e), Dec. 21, 1981, 95 Stat. 1208.

Pub. L. 96-316, Sec. 1(e), July 30, 1980, 94 Stat. 962.

Pub. L. 96-48, Sec. 1(e), Aug. 8, 1979, 93 Stat. 347.

Pub. L. 95-401, Sec. 1(e), Sept. 30, 1978, 92 Stat. 858.

Pub. L. 95-76, Sec. 1(e), July 30, 1977, 91 Stat. 313.

Pub. L. 94-307, Sec. 1(e), June 4, 1976, 90 Stat. 678.

Pub. L. 94-39, Sec. 1(e), June 19, 1975, 89 Stat. 219.

Pub. L. 93-316, Sec. 1(e), June 22, 1974, 88 Stat. 242.

Pub. L. 93-74, Sec. 1(e), July 23, 1973, 87 Stat. 173.

Pub. L. 92-304, Sec. 1(e), May 19, 1972, 86 Stat. 159.

Pub. L. 92-68, Sec. 1(e), Aug. 6, 1971, 85 Stat. 175.

Pub. L. 91-303, Sec. 1(e), July 2, 1970, 84 Stat. 370.

Pub. L. 91-119, Sec. 1(e), Nov. 18, 1969, 83 Stat. 197.

Pub. L. 90-373, Sec. 1(e), July 3, 1968, 82 Stat. 281.

Pub. L. 90-67, Sec. 1(e), Aug. 21, 1967, 81 Stat. 169.

Pub. L. 89-528, Sec. 1(e), Aug. 5, 1966, 80 Stat. 337.

Pub. L. 89-53, Sec. 1(e), June 28, 1965, 79 Stat. 193.

Pub. L. 88-369, Sec. 1(e), July 11, 1964, 78 Stat. 311.

Pub. L. 88-113, Sec. 1(e), Sept. 6, 1963, 77 Stat. 142.

Pub. L. 87-584, Sec. 1(d), Aug. 14, 1962, 76 Stat. 382.

Pub. L. 87-98, Sec. 1(e), July 21, 1961, 75 Stat. 216.

Pub. L. 86-481, Sec. 1(g), June 1, 1960, 74 Stat. 151.

-End-

-CITE-

42 USC Sec. 2459b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2459b. Misuse of agency name and initials; authority of

Attorney General to enjoin

-STATUTE-

(a) No person (as defined by section 2457 of this title) may (1)

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, as a firm or

business name in a manner reasonably calculated to convey the

impression that such firm or business has some connection with,

endorsement of, or authorization from, the National Aeronautics and

Space Administration which does not, in fact, exist; or (2)

knowingly use those words or letters or any combination, variation,

or colorable imitation thereof either alone or in combination with

other words or letters 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 such product or

service has the authorization, support, sponsorship, or endorsement

of, or the development, use, or manufacture by or on behalf of the

National Aeronautics and Space Administration which does not, in

fact, exist.

(b) 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) of this section,

the Attorney General may initiate a civil proceeding in a district

court of the United States to enjoin such act or practice.

-SOURCE-

(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.)

-MISC1-

PRIOR PROVISIONS

A prior section 311 of Pub. L. 85-568 was renumbered section 312

and is classified to section 2459c of this title.

-End-

-CITE-

42 USC Sec. 2459c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2459c. Contracts regarding expendable launch vehicles

-STATUTE-

(a) The Administrator may enter into contracts for expendabe (!1)

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 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 Federal 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) 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.

-SOURCE-

(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.)

-COD-

CODIFICATION

Another section 312 of Pub. L. 85-568 is classified to section

2459f of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "expendable".

-End-

-CITE-

42 USC Sec. 2459d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2459d. Prohibition of grant or contract providing guaranteed

customer base for new commercial space hardware or services

-STATUTE-

No amount appropriated to the National Aeronautics and Space

Administration in this or any other Act with respect to any fiscal

year 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.

-SOURCE-

(Pub. L. 102-139, title III, Oct. 28, 1991, 105 Stat. 771.)

-COD-

CODIFICATION

Section was enacted as part of the Departments of Veterans

Affairs and Housing and Urban Development, and Independent Agencies

Appropriations Act, 1992, and not as part of the National

Aeronautics and Space Act of 1958 which is classified principally

to this chapter.

-End-

-CITE-

42 USC Sec. 2459e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2459e. Quality assurance personnel

-STATUTE-

(a) Exclusion of NASA personnel

A person providing articles to the National Aeronautics and Space

Administration under a contract entered into after December 9,

1991, may not exclude National Aeronautics and Space Administration

quality assurance personnel from work sites except as provided in a

contract provision described in subsection (b) of this section.

(b) Contract provisions

The National Aeronautics and Space Administration shall not enter

into any contract which permits the exclusion of National

Aeronautics and Space Administration quality assurance personnel

from work sites unless the Administrator has submitted a copy of

the provision permitting such exclusion to the Congress at least 60

days before entering into such contract.

-SOURCE-

(Pub. L. 102-195, Sec. 19, Dec. 9, 1991, 105 Stat. 1615.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act, Fiscal Year 1992, and not as part

of the National Aeronautics and Space Act of 1958 which is

classified principally to this chapter.

-End-

-CITE-

42 USC Sec. 2459f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2459f. Appropriation accounts; transfers

-STATUTE-

(a) Designation of accounts for appropriations

Appropriations for the Administration for fiscal year 2002 and

thereafter shall be made in three accounts, "Human space flight",

"Science, aeronautics and technology", and an account for amounts

appropriated for the necessary expenses of the Office of Inspector

General. Appropriations shall remain available for 2 fiscal years.

Each account shall include the planned full costs of the

Administration's related activities.

(b) Transfers among accounts

To ensure the safe, timely, and successful accomplishment of

Administration missions, the Administration may transfer amounts

for Federal salaries and benefits; training, travel and awards;

facility and related costs; information technology services;

publishing services; science, engineering, fabricating and testing

services; and other administrative services among accounts, as

necessary.

(c) Transfer of Missions support account balances

The Administrator, in consultation with the Director of the

Office of Management and Budget, shall determine what balances from

the "Mission support" account are to be transferred to the "Human

space flight" and "Science, aeronautics and technology" accounts.

Such balances shall be transferred and merged with the "Human space

flight" and "Science, aeronautics and technology" accounts, and

remain available for the period of which originally appropriated.

-SOURCE-

(Pub. L. 85-568, title III, Sec. 312, as added Pub. L. 106-377,

Sec. 1(a)(1) [title IV, Sec. 431], Oct. 27, 2000, 114 Stat. 1441,

1441A-56.)

-COD-

CODIFICATION

Another section 312 of Pub. L. 85-568 is classified to section

2459c of this title.

-End-

-CITE-

42 USC Sec. 2459g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2459g. Requirement for independent cost analysis

-STATUTE-

(a) Requirement

Before any funds may be obligated for Phase B of a project that

is projected to cost more than $150,000,000 in total project costs,

the Chief Financial Officer for the National Aeronautics and Space

Administration shall conduct an independent life-cycle cost

analysis of such project and shall report the results to Congress.

In developing cost accounting and reporting standards for carrying

out this section, the Chief Financial Officer shall, to the extent

practicable and consistent with other laws, solicit the advice of

expertise outside of the National Aeronautics and Space

Administration.

(b) Definition

For purposes of this section, the term "Phase B" means the latter

stages of project formulation, during which the final definition of

a project is carried out and before project implementation (which

includes the Design, Development, and Operations Phases) begins.

-SOURCE-

(Pub. L. 106-391, title III, Sec. 301, Oct. 30, 2000, 114 Stat.

1591.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act of 2000, and not as part of the

National Aeronautics and Space Act of 1958 which is classified

principally to this chapter.

-End-

-CITE-

42 USC Sec. 2459h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2459h. Cost effectiveness calculations

-STATUTE-

Except as otherwise required by law, in calculating the cost

effectiveness of the cost of the National Aeronautics and Space

Administration engaging in an activity as compared to a commercial

provider, the Administrator shall compare the cost of the National

Aeronautics and Space Administration engaging in the activity using

full cost accounting principles with the price the commercial

provider will charge for such activity.

-SOURCE-

(Pub. L. 106-391, title III, Sec. 304, Oct. 30, 2000, 114 Stat.

1592.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act of 2000, and not as part of the

National Aeronautics and Space Act of 1958 which is classified

principally to this chapter.

-CROSS-

DEFINITIONS

For definitions of the terms "commercial provider" and

"Administrator" used in this section, see section 3 of Pub. L.

106-391, set out as a note under section 2452 of this title.

-End-

-CITE-

42 USC Sec. 2460 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2460. Appropriations; prior authorization by Congress

-STATUTE-

Notwithstanding the provisions of any other law, no appropriation

may be made to the National Aeronautics and Space Administration

unless previously authorized by legislation hereafter enacted by

the Congress.

-SOURCE-

(Pub. L. 86-45, Sec. 4, June 15, 1959, 73 Stat. 75.)

-COD-

CODIFICATION

Section was not enacted as part of the National Aeronautics and

Space Act of 1958 which is classified principally to this chapter.

-End-

-CITE-

42 USC Sec. 2461 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2461. Congressional Space Medal of Honor; appropriations

-STATUTE-

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 his duties has distinguished himself by

exceptionally meritorious efforts and contributions to the welfare

of the Nation and of mankind.

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.

-SOURCE-

(Pub. L. 91-76, Secs. 1, 2, Sept. 29, 1969, 83 Stat. 124.)

-COD-

CODIFICATION

Section was not enacted as part of the National Aeronautics and

Space Act of 1958 which is classified principally to this chapter.

The first and second pars. of this section are comprised of

section 1 and 2 of Pub. L. 91-76, respectively.

-End-

-CITE-

42 USC Sec. 2462 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2462. Repealed. Pub. L. 97-96, Sec. 8, Dec. 21, 1981, 95 Stat.

1211

-MISC1-

Section, Pub. L. 91-119, Sec. 6, Nov. 18, 1969, 83 Stat. 199;

Pub. L. 91-303, Sec. 7, July 2, 1970, 84 Stat. 372; Pub. L. 94-273,

Sec. 24, Apr. 21, 1976, 90 Stat. 379; Pub. L. 96-470, title I, Sec.

118(a), Oct. 19, 1980, 94 Stat. 2240, related to the reporting

requirements for former employees of the National Aeronautics and

Space Administration and their association with aerospace

contractors and the reports of the Administrator to the Congress.

REPORT BY ADMINISTRATOR OF NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION ON ADMINISTRATION POLICY REGARDING CONFLICTS OF

INTEREST, STANDARDS OF CONDUCT, AND FINANCIAL DISCLOSURE

Pub. L. 95-401, Sec. 8, Sept. 30, 1978, 92 Stat. 860, provided

that the Administrator of the National Aeronautics and Space

Administration report to the House Committee on Science and

Technology and the Senate Committee on Commerce, Science, and

Transportation no later than December 31, 1978, on the

Administration policy regarding conflicts of interest, standards of

conduct and financial disclosure and the implementation of that

policy.

-End-

-CITE-

42 USC Sec. 2463 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2463. Tracking and data relay satellite services; report to

Congressional committees; authorization to contract

-STATUTE-

The National Aeronautics and Space 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 National Aeronautics and

Space 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.

The Administrator shall in January of each year report to the

Committee on Science, Space, 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 National Aeronautics and Space Administration

to enter into and to maintain the contract authorized hereunder

shall remain in effect unless repealed by legislation enacted by

the Congress after July 30, 1977.

-SOURCE-

(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.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act, 1978, and not as part of the

National Aeronautics and Space Act of 1958 which is classified

principally to this chapter.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation authorization acts:

Pub. L. 94-307, Sec. 6, June 4, 1976, 90 Stat. 680.

Pub. L. 94-39, Sec. 6, June 19, 1975, 89 Stat. 221.

Pub. L. 93-316, Sec. 7, June 22, 1974, 88 Stat. 243.

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Science, Space, and

Technology" for "Science and Technology" in second par.

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-MISC2-

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 item 8 on page 178 identifies a reporting provision which, as

subsequently amended, is contained in the second par. of this

section), see section 3003 of Pub. L. 104-66, as amended, and

section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-554, set out

as notes under section 1113 of Title 31, Money and Finance.

-End-

-CITE-

42 USC Sec. 2464 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2464. Recovery of fair value of placing Department of Defense

payloads in orbit with Space Shuttle

-STATUTE-

Notwithstanding any other provision of law, or any interagency

agreement, the Administrator of the National Aeronautics and Space

Administration shall charge such prices as necessary to recover the

fair value of placing Department of Defense payloads into orbit by

means of the Space Shuttle.

-SOURCE-

(Pub. L. 97-324, title I, Sec. 106(a), Oct. 15, 1982, 96 Stat.

1600.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act, 1983, and not as part of the

National Aeronautics and Space Act of 1958 which is classified

principally to this chapter.

-MISC1-

EFFECTIVE DATE

Section 106(b) of Pub. L. 97-324 provided that: "This section

[enacting this section] shall apply to any Department of Defense

payloads placed into orbit by means of the Space Shuttle on or

after October 1, 1983."

-End-

-CITE-

42 USC Sec. 2464a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2464a. Payloads launched on Titan II launch vehicles; cost

effectiveness as against space shuttle launches

-STATUTE-

The Secretary of Defense and the Administrator of the National

Aeronautics and Space Administration will jointly determine which

payloads will be launched on Titan II launch vehicles and certify

by notice to the Congress that such launches are cost effective as

compared to launches by the space shuttle and do not diminish the

efficient and effective utilization of the space shuttle

capability: Provided, That this section may be waived only upon

certification by the Secretary of Defense that certain classified

payloads must be launched on the Titan II launch vehicle as opposed

to the space shuttle, for national security reasons.

-SOURCE-

(Pub. L. 99-190, Sec. 101(b) [title VIII, Sec. 8111], Dec. 19,

1985, 99 Stat. 1185, 1222.)

-COD-

CODIFICATION

Section was enacted as part of the Department of Defense

Appropriations Act, 1986, and not as part of the National

Aeronautics and Space Act of 1958 which is classified principally

to this chapter.

-End-

-CITE-

42 USC Sec. 2465 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2465. Repealed. Pub. L. 105-362, title XI, Sec. 1101(f), Nov.

10, 1998, 112 Stat. 3292

-MISC1-

Section, Pub. L. 98-52, title I, Sec. 110, July 15, 1983, 97

Stat. 285; Pub. L. 103-437, Sec. 15(c)(4), Nov. 2, 1994, 108 Stat.

4592, related to commercialization of expendable launch vehicle

technologies, facilities and equipment and congressional review of

such action.

-End-

-CITE-

42 USC Sec. 2465a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2465a. Space Shuttle use policy

-STATUTE-

(a) Use policy

(1) It shall be the policy of the United States to use the Space

Shuttle for purposes that (i) require the presence of man, (ii)

require the unique capabilities of the Space Shuttle or (iii) when

other compelling circumstances exist.

(2) The term "compelling circumstances" includes, but is not

limited to, occasions when the Administrator determines, in

consultation with the Secretary of Defense and the Secretary of

State, that important national security or foreign policy interests

would be served by a Shuttle launch.

(3) The policy stated in subsection (a)(1) of this section shall

not preclude the use of available cargo space, on a Space Shuttle

mission otherwise consistent with the policy described under

subsection (a)(1) of this section, for the purpose of carrying

secondary payloads (as defined by the Administrator) that do not

require the presence of man if such payloads are consistent with

the requirements of research, development, demonstration,

scientific, commercial, and educational programs authorized by the

Administrator.

(b) Implementation plan

The Administrator shall, within six months after November 16,

1990, submit a report to the Congress setting forth a plan for the

implementation of the policy described in subsection (a)(1) of this

section. Such plan shall include -

(1) details of the implementation plan;

(2) a list of purposes that meet such policy;

(3) a proposed schedule for the implementation of such policy;

(4) an estimate of the costs to the United States of

implementing such policy; and

(5) a process for informing the Congress in a timely and

regular manner of how the plan is being implemented.

(c) Annual report

At least annually, the Administrator shall submit to the Congress

a report certifying that the payloads scheduled to be launched on

the space shuttle for the next four years are consistent with the

policy set forth in subsection (a)(1) of this section. For each

payload scheduled to be launched from the space shuttle, which do

not require the presence of man, the Administrator shall, in the

certified report to Congress, state the specific circumstances

which justified the use of the space shuttle. If, during the period

between scheduled reports to the Congress, any additions are made

to the list of certified payloads intended to be launched from the

Shuttle, the Administrator shall inform the Congress of the

additions and the reasons therefor within 45 days of the change.

(d) NASA payloads

The report described in subsection (c) of this section shall also

include those National Aeronautics and Space Administration

payloads designed solely to fly on the space shuttle which have

begun the phase C/D of its development cycle.

-SOURCE-

(Pub. L. 101-611, title I, Sec. 112, Nov. 16, 1990, 104 Stat.

3198.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act, Fiscal Year 1991, and not as part

of the National Aeronautics and Space Act of 1958 which is

classified principally to this chapter.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c) of this section relating to submittal to Congress at least

annually of a report certifying that the payloads scheduled to be

launched on the space shuttle for the next four years are

consistent with the policy set forth in subsec. (a)(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, and item

6 on page 179 of House Document No. 103-7.

-CROSS-

DEFINITION OF "ADMINISTRATOR"

Section 127 of title I of Pub. L. 101-611 provided that: "For

purposes of this title [enacting this section and sections 2459a

and 2471a of this title and section 1535 of Title 15, Commerce and

Trade, amending section 2473 of this title and sections 2601, 2602,

2604, 2614, and 2623 of former Title 49, Transportation, and

enacting provisions set out as notes under sections 2451, 2459, and

2471 of this title], the term 'Administrator' means the

Administrator of the National Aeronautics and Space

Administration."

-End-

-CITE-

42 USC Sec. 2465b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2465b. Repealed. Pub. L. 105-303, title II, Sec. 203(1), Oct.

28, 1998, 112 Stat. 2855

-MISC1-

Section, Pub. L. 101-611, title II, Sec. 202, Nov. 16, 1990, 104

Stat. 3205, related to congressional findings in support of the

commercial launch industry.

-End-

-CITE-

42 USC Sec. 2465c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2465c. Definitions

-STATUTE-

For the purposes of sections 2465b to 2465f of this title -

(1) the term "launch vehicle" means any vehicle constructed for

the purpose of operating in, or placing a payload in, outer

space; and

(2) the term "payload" means an object which a person

undertakes to place in outer space by means of a launch vehicle,

and includes subcomponents of the launch vehicle specifically

designed or adapted for that object.

-SOURCE-

(Pub. L. 101-611, title II, Sec. 203, Nov. 16, 1990, 104 Stat.

3206; Pub. L. 105-303, title II, Sec. 203(2), Oct. 28, 1998, 112

Stat. 2855.)

-REFTEXT-

REFERENCES IN TEXT

Sections 2465b, 2465d, and 2465e of this title, referred to in

text, were repealed by Pub. L. 105-303, title II, Sec. 203(1), (3),

Oct. 28, 1998, 112 Stat. 2855.

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act, Fiscal Year 1991, and also as

part of the Launch Services Purchase Act of 1990, and not as part

of the National Aeronautics and Space Act of 1958 which is

classified principally to this chapter.

-MISC1-

AMENDMENTS

1998 - Pars. (1) to (4). Pub. L. 105-303 redesignated pars. (3)

and (4) as (1) and (2), respectively, and struck out former pars.

(1) and (2) which read as follows:

"(1) the term 'commercial provider' means any person providing

launch services, but does not include the Federal Government;

"(2) the term 'launch services' means activities involved in the

preparation of a launch vehicle and its payload for space transport

and the conduct of transporting a payload;".

-End-

-CITE-

42 USC Secs. 2465d, 2465e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 2465d, 2465e. Repealed. Pub. L. 105-303, title II, Sec.

203(3), Oct. 28, 1998, 112 Stat. 2855

-MISC1-

Section 2465d, Pub. L. 101-611, title II, Sec. 204, Nov. 16,

1990, 104 Stat. 3206, related to requirement to procure commercial

launch services.

Section 2465e, Pub. L. 101-611, title II, Sec. 205, Nov. 16,

1990, 104 Stat. 3207, related to purchase of commercial launch

services.

-End-

-CITE-

42 USC Sec. 2465f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2465f. Other activities of National Aeronautics and Space

Administration

-STATUTE-

Commercial payloads may not be accepted for launch as primary

payloads on the space shuttle unless the Administrator of the

National Aeronautics and Space Administration determines that -

(1) the payload requires the unique capabilities of the space

shuttle; or

(2) launching of the payload on the space shuttle is important

for either national security or foreign policy purposes.

-SOURCE-

(Pub. L. 101-611, title II, Sec. 206, Nov. 16, 1990, 104 Stat.

3207; Pub. L. 105-303, title II, Sec. 203(4), Oct. 28, 1998, 112

Stat. 2855.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act, Fiscal Year 1991, and also as

part of the Launch Services Purchase Act of 1990, and not as part

of the National Aeronautics and Space Act of 1958 which is

classified principally to this chapter.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-303 struck out subsec. (a) designation and

heading and struck out heading and text of subsec. (b) which

related to report of the Administrator.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2465c of this title.

-End-

-CITE-

42 USC Sec. 2466 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2466. Shuttle pricing policy; Congressional findings and

declaration of purpose

-STATUTE-

The Congress finds and declares that -

(1) the Space Transportation System is a vital element of the

United States space program, contributing to the United States

leadership in space research, technology, and development;

(2) the Space Transportation System is the primary space launch

system for both United States national security and civil

government missions;

(3) the Space Transportation System contributes to the

expansion of United States private sector investment and

involvement in space and therefore should serve commercial users;

(4) the availability of the Space Transportation System to

foreign users for peaceful purposes is an important means of

promoting international cooperative activities in the national

interest and in maintaining access to space for activities which

enhance the security and welfare of mankind;

(5) the United States is committed to maintaining world

leadership in space transportation;

(6) making the Space Transportation System fully operational

and cost effective in providing routine access to space will

maximize the national economic benefits of the system; and

(7) national goals and the objectives for the Space

Transportation System can be furthered by a stable and fair

pricing policy for the Space Transportation System.

-SOURCE-

(Pub. L. 99-170, title II, Sec. 201, Dec. 5, 1985, 99 Stat. 1017.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act of 1986, and not as part of the

National Aeronautics and Space Act of 1958 which is classified

principally to this chapter.

-MISC1-

EFFECTIVE DATE

Section 205 of title II of Pub. L. 99-170 provided that: "This

title [enacting this section and sections 2466a to 2466c of this

title] shall apply to flights of the Space Transportation System

beginning on and after October 1, 1988."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2466a, 2466b of this

title.

-End-

-CITE-

42 USC Sec. 2466a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2466a. Goals

-STATUTE-

The purpose of sections 2466 to 2466c of this title is to set the

reimbursement pricing policy for the Space Transportation System

for commercial and foreign users which is consistent with the

findings included in section 2466 of this title, encourages the

full and effective use of space, and is designed to achieve the

following goals -

(1) the preservation of the role of the United States as a

leader in space research, technology, and development;

(2) the efficient and cost effective use of the Space

Transportation System;

(3) the achievement of greatly increased commercial space

activity; and

(4) the enhancement of the international competitive position

of the United States.

-SOURCE-

(Pub. L. 99-170, title II, Sec. 202, Dec. 5, 1985, 99 Stat. 1017.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act of 1986, and not as part of the

National Aeronautics and Space Act of 1958 which is classified

principally to this chapter.

-MISC1-

EFFECTIVE DATE

Section applicable to flights of the Space Transportation System

beginning on and after Oct. 1, 1988, see section 205 of Pub. L.

99-170, set out as a note under section 2466 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2466b, 2466c of this

title.

-End-

-CITE-

42 USC Sec. 2466b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2466b. "Administrator" and "additive cost" defined

-STATUTE-

For purposes of sections 2466 to 2466c of this title, the term -

(1) "Administrator" means the Administrator of the National

Aeronautics and Space Administration; and

(2) "additive cost" means the average direct and indirect costs

to the National Aeronautics and Space Administration of providing

additional flights of the Space Transportation System beyond the

costs associated with those flights necessary to meet the space

transportation needs of the United States Government.

-SOURCE-

(Pub. L. 99-170, title II, Sec. 203, Dec. 5, 1985, 99 Stat. 1017.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act of 1986, and not as part of the

National Aeronautics and Space Act of 1958 which is classified

principally to this chapter.

-MISC1-

EFFECTIVE DATE

Section applicable to flights of the Space Transportation System

beginning on and after Oct. 1, 1988, see section 205 of Pub. L.

99-170, set out as a note under section 2466 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2466a of this title.

-End-

-CITE-

42 USC Sec. 2466c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2466c. Duties of Administrator

-STATUTE-

(a) Establishment and implementation of reimbursement recovery

system; base price

The Administrator shall establish and implement a pricing system

to recover reimbursement in accordance with the pricing policy

under section 2466a of this title from each commercial or foreign

user of the Space Transportation System, which except as provided

in subsections (c), (d), and (e) of this section shall include a

base price of not less than $74,000,000 for each flight of the

Space Transportation System in 1982 dollars.

(b) Reports to Congressional committees

Each year the Administrator shall submit to the President of the

Senate, the Speaker of the House of Representatives, the Committee

on Commerce, Science, and Transportation of the Senate, and the

Committee on Science, Space, and Technology of the House of

Representatives, a report, transmitted contemporaneously with the

annual budget request of the President, which shall inform the

Congress how the policy goals contained in section 2466a of this

title are being furthered by the shuttle price for foreign and

commercial users.

(c) Reduction of base price

(1) If at any time the Administrator finds that the policy goals

contained in section 2466a of this title are not being achieved,

the Administrator shall have authority to reduce the base price

established in subsection (a) of this section after forty-five days

following receipt by the President of the Senate, the Speaker of

the House, the Committee on Commerce, Science, and Transportation

of the Senate, and the Committee on Science, Space, and Technology

of the House of Representatives of a notice by the Administrator

containing a description of the proposed reduction together with a

full and complete statement of the facts and circumstances which

necessitate such proposed reduction.

(2) In no case shall the minimum price established under

subsection (c)(1) of this section be less than additive cost.

(d) Lower-priced or no-cost flights for users involved in research,

etc., with Space Administration

The Administrator may set a price lower than the price determined

under subsection (a) or (c) of this section, or provide no-cost

flights, for any commercial or foreign user of the Space

Transportation System who is involved in research, development or

demonstration programs with the National Aeronautics and Space

Administration.

(e) Customer incentives

Notwithstanding the provisions of subsection (a) of this section,

the Administrator shall have the authority to offer reasonable

customer incentives consistent with the policy goals in section

2466a of this title.

-SOURCE-

(Pub. L. 99-170, title II, Sec. 204, Dec. 5, 1985, 99 Stat. 1017;

Pub. L. 103-437, Sec. 15(c)(5), Nov. 2, 1994, 108 Stat. 4592.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act of 1986, and not as part of the

National Aeronautics and Space Act of 1958 which is classified

principally to this chapter.

-MISC1-

AMENDMENTS

1994 - Subsecs. (b), (c)(1). Pub. L. 103-437 substituted

"Science, Space, and Technology" for "Science and Technology".

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE

Section applicable to flights of the Space Transportation System

beginning on and after Oct. 1, 1988, see section 205 of Pub. L.

99-170, set out as a note under section 2466 of this title.

FEASIBILITY OF PROVIDING SPACE SHUTTLE LAUNCH SERVICES ON BASIS OF

ROYALTY RECOVERY OVER ECONOMIC LIFE OF COMMERCIAL PRODUCTS

PROCESSED IN SPACE

Section 112 of Pub. L. 99-170 provided that: "The Administrator

shall examine and report to the Congress on the feasibility of

providing space shuttle launch services on a basis of royalty

recovery over the economic life of commercial products produced or

processed in space."

STUDY ON PROPOSED PRICING POLICY FOR CERTAIN SERVICES

Section 113 of Pub. L. 99-170 provided that: "The Administrator

shall conduct a study and report to the Congress on a proposed

pricing policy for certain services such as on-orbit service,

repair or recovery of spacecraft."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2466a, 2466b of this

title.

-End-

-CITE-

42 USC Sec. 2467 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2467. Science, Space, and Technology Education Trust Fund;

annual report to Congress

-STATUTE-

There is appropriated, by transfer from funds appropriated in

this Act 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:

Provided, That the Secretary shall invest such funds in the United

States Treasury special issue securities, that such interest shall

be credited to the Trust Fund on a quarterly basis, and that 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: Provided further, That the

Administrator of the National Aeronautics and Space Administration,

after consultation with the Director of the National Science

Foundation, shall review applications made for such grants and

determine the distribution of such available funds on a competitive

basis: Provided further, That such grants shall be made available

to any awardee only to the extent that said awardee provides

matching funds from non-Federal sources to carry out the program

for which grants from this Trust Fund are made: Provided further,

That of the funds made available by this Trust Fund, $250,000 shall

be disbursed each calendar quarter hereafter to the Challenger

Center for Space Science Education: Provided further, That the

Administrator of the National Aeronautics and Space Administration

shall submit to the Congress an annual report on the grants made

pursuant to this paragraph.

-SOURCE-

(Pub. L. 100-404, title II, Aug. 19, 1988, 102 Stat. 1028; Pub. L.

103-327, title III, Sept. 28, 1994, 108 Stat. 2328.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 100-404, Aug. 19, 1988,

102 Stat. 1014, known as the Department of Housing and Urban

Development - Independent Agencies Appropriations Act, 1989. For

complete classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the Department of Housing and

Urban Development - Independent Agencies Appropriations Act, 1989,

and not as part of the National Aeronautics and Space Act of 1958

which is classified principally to this chapter.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-327 substituted "hereafter" for "for a

ten-year period".

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to submittal of annual report to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and item 4 on page 179

of House Document No. 103-7.

-End-

-CITE-

42 USC Sec. 2467a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2467a. National Aeronautics and Space Administration Endeavor

Teacher Fellowship Trust Fund

-STATUTE-

(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 gifts and donations accepted by the National

Aeronautics and Space Administration pursuant to section 2476b of

this title, as well as other 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.

-SOURCE-

(Pub. L. 102-195, Sec. 20, Dec. 9, 1991, 105 Stat. 1615.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act, Fiscal Year 1992, and not as part

of the National Aeronautics and Space Act of 1958 which is

classified principally to this chapter.

-End-

-CITE-

42 USC Sec. 2467b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2467b. Requirements

-STATUTE-

(a) 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 National

Aeronautics and Space 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

National Aeronautics and Space 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 National Aeronautics and Space

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 assure the maximum distribution of grants among

eligible States, consistent with merit.

(b) Supplemental grants

The Administrator shall endeavor, where appropriate, to

supplement grants made under subsection (a) of this section with

such grants for fellowships, traineeships, equipment, or

instrumentation as are available.

(c) "Eligible State" defined

In this section, the term "eligible State" means a State

designated by the Administrator as eligible to compete in the

Foundation's Experimental Program to Stimulate Competitive

Research.

-SOURCE-

(Pub. L. 102-588, title III, Sec. 304, Nov. 4, 1992, 106 Stat.

5120.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act, Fiscal Year 1993, and not as part

of the National Aeronautics and Space Act of 1958 which is

classified principally to this chapter.

-MISC1-

CONGRESSIONAL FINDINGS AND POLICY

Sections 301 to 303 of title III of Pub. L. 102-588 provided

that:

"SEC. 301. SHORT TITLE.

"This title [enacting this section and provisions set out as a

note below] 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."

AUTHORIZATION OF APPROPRIATIONS

Section 305 of Pub. L. 102-588 provided that: "In carrying out

the programs listed in section 102(a) [106 Stat. 5108], the

Administrator [of the National Aeronautics and Space

Administration] should ensure that up to $10,000,000 from the

appropriations authorized for 'Research and Development', for

fiscal year 1993 are also used for purposes of establishing and

developing an Experimental Program to Stimulate Competitive

Research on Space and Aeronautics."

-CROSS-

"ADMINISTRATOR" DEFINED

Administrator means Administrator of the National Aeronautics and

Space Administration, see section 102(f) of Pub. L. 102-588, 106

Stat. 5110.

-End-

-CITE-

42 USC SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND

SPACE ACTIVITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2451, 5503, 5504 of

this title.

-End-

-CITE-

42 USC Sec. 2471 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2471. National Space Council

-STATUTE-

(a) Establishment; chairperson

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) Report to Congress on composition and functions

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) Employment of personnel

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.

-SOURCE-

(Pub. L. 100-685, title V, Sec. 501, Nov. 17, 1988, 102 Stat.

4102.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act, Fiscal Year 1989, and not as part

of the National Aeronautics and Space Act of 1958 which is

classified principally to this chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 2471, Pub. L. 85-568, title II, Sec. 201, July

29, 1958, 72 Stat. 427; Pub. L. 87-26, Sec. 1, Apr. 25, 1961, 75

Stat. 46; Pub. L. 87-367, title II, Sec. 207, Oct. 4, 1961, 75

Stat. 792; Pub. L. 87-584, Sec. 7, Aug. 14, 1962, 76 Stat. 385;

Pub. L. 88-426, title III, Secs. 305(13)(A), 306(c), Aug. 14, 1964,

78 Stat. 423, 428; Pub. L. 91-406, Sept. 23, 1970, 84 Stat. 855,

which related to the establishment, membership, duties, and

personnel of the National Aeronautics and Space Council, was

omitted from the Code, because the Council, including the office of

Executive Secretary of the Council, together with the functions of

the Council, was abolished by section 3(a)(4) of Reorg. Plan No. 1

of 1973, 38 F.R. 9579, 87 Stat. 1089, effective July 1, 1973, set

out in the Appendix to Title 5, Government Organization and

Employees.

NATIONAL SPACE COUNCIL AUTHORIZATION

Provisions authorizing appropriations for specific fiscal years

to carry out the National Space Council activities established by

this section with limitation of $1,000 on amount available for

official reception and representation expenses and requiring the

National Space Council to reimburse other agencies for not less

than one-half of the personnel compensation costs of individuals

detailed to it were contained in the following appropriation

authorization acts:

Pub. L. 102-588, title II, Sec. 212, Nov. 4, 1992, 106 Stat.

5115.

Pub. L. 102-195, Sec. 14(a), Dec. 9, 1991, 105 Stat. 1613.

Pub. L. 101-611, title I, Sec. 108(a), Nov. 16, 1990, 104 Stat.

3197.

Pub. L. 101-328, Sec. 2, July 8, 1990, 104 Stat. 308.

STUDY ON INTERNATIONAL COOPERATION IN PLANETARY EXPLORATION

Pub. L. 101-611, title I, Sec. 114, Nov. 16, 1990, 104 Stat.

3200, provided that:

"(a) Findings. - The Congress finds that -

"(1) the President on July 20, 1989, established the long-range

goal of establishing a lunar base, followed by manned exploration

of Mars in the early twenty-first century;

"(2) the United States and the Soviet Union, in cooperation

with other countries, are currently planning further unmanned

missions to the Moon and to Mars with the possible goal of

landing a human on Mars;

"(3) a series of international missions to expand human

presence beyond Earth orbit would further a spirit of, and follow

through on the commitment made in, the 1987 agreement between the

Soviet Union and the United States for space cooperation, as well

as the successful cooperative agreements the United States has

pursued with over one hundred countries since its inception,

including the agreement with Japan, Canada, and the European

countries for Space Station Freedom;

"(4) international manned missions beyond Earth orbit could

further encourage a cooperative approach in world affairs

unrelated to activities in space;

"(5) international manned missions beyond Earth orbit could

save the individual nations involved tens of billions of dollars

over national missions; and

"(6) a multilateral effort for manned missions to establish a

lunar colony, a Mars mission, and any other missions that have

the goal of establishing human presence beyond Earth's orbit and

possibly landing a human on Mars would lead to greater

understanding of our universe and greater sensitivity to our own

planet.

"(b) Study. - The National Space Council shall conduct a study on

International Cooperation in Planetary Exploration (hereafter in

this section referred to as the 'study').

"(c) Purpose of Study. - The purpose of the study is -

"(1) to develop an inventory of technologies and intentions of

all national space agencies with regard to lunar and planetary

exploration, both manned and unmanned;

"(2) to seek ways, through direct communication with

appropriate officials of other nations or otherwise, to enhance

the planning and exchange of information and data among the

United States, the Soviet Union, European countries, Canada,

Japan, and other interested countries with respect to unmanned

projects beyond Earth orbit, in anticipation of later

international manned missions to the Moon and to other bodies,

including the possible goal of an international manned mission to

Mars;

"(3) to prepare a detailed proposal that most efficiently uses

the resources of the national space agencies in cooperative

endeavors to establish human presence beyond Earth orbit;

"(4) to develop priority goals that accomplish unmet needs that

could not be achieved by any individual country;

"(5) to explore the possibilities of international unmanned

probes to the Moon and Mars, and the possibilities for

international manned missions beyond Earth's orbit; and

"(6) to devise strategies for such cooperation that would

prevent the unwanted transfer of technology.

In developing the inventory under paragraph (1), and in preparing

the detailed proposal under paragraph (3), consideration shall be

given to the potential contributions of commercial providers of

space goods and services.

"(d) Report. - The National Space Council shall, within one year

after the date of the enactment of this Act [Nov. 16, 1990],

prepare and submit to Congress a report -

"(1) outlining a preliminary strategy for cooperation among the

United States, the Soviet Union, European countries, Canada,

Japan, and other interested countries, based on their respective

national strengths, with respect to unmanned projects beyond

Earth orbit, in anticipation of later international manned

missions to the Moon and to other bodies, including the possible

goal of an international manned mission to Mars;

"(2) including a conceptual design of a possible international

manned mission, in coordination with the preliminary strategy

referred to in paragraph (1), with target dates and a breakdown

of responsibilities by nation;

"(3) containing an inventory of planned and anticipated

missions, manned and unmanned, that are being considered by

national space agencies and commercial providers of space goods

and services; and

"(4) containing an inventory of space exploration technologies

that either -

"(A) are not immediately available in the United States but

are available from other nations; or

"(B) are available in the United States but are available

from other nations in equal or superior form."

STAFFING

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."

EXPERTS AND CONSULTANTS

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 traveltime) at

rates not in excess of the daily equivalent of the maximum rate of

pay for grade GS-18 as provided pursuant to section 5332 of title

5, United States Code."

[References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.]

-End-

-CITE-

42 USC Sec. 2471a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2471a. Users' Advisory Group

-STATUTE-

(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.

-SOURCE-

(Pub. L. 101-611, title I, Sec. 121, Nov. 16, 1990, 104 Stat.

3204.)

-REFTEXT-

REFERENCES IN TEXT

Section 14(a)(2) of the Federal Advisory Committee Act, referred

to in subsec. (b), is section 14(a)(2) of Pub. L. 92-463, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act, Fiscal Year 1991, and not as part

of the National Aeronautics and Space Act of 1958 which is

classified principally to this chapter.

-End-

-CITE-

42 USC Sec. 2472 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2472. National Aeronautics and Space Administration

-STATUTE-

(a) Establishment; appointment and duties of Administrator

There is established the National Aeronautics and Space

Administration (hereinafter called the "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; appointment and duties

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 and 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 his absence or disability.

(c) Restriction on engaging in any other business, vocation, or

employment

The Administrator and the Deputy Administrator shall not engage

in any other business, vocation, or employment while serving as

such.

-SOURCE-

(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.)

-MISC1-

AMENDMENTS

1964 - Subsec. (a). Pub. L. 88-426, Sec. 305(12)(A), repealed

provisions which prescribed compensation of Administrator.

Subsec. (b). Pub. L. 88-426, Sec. 305(12)(B), repealed provisions

which prescribed compensation of Deputy Administrator.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on the first day of the

first pay period which begins on or after July 1, 1964, except to

the extent provided in section 501(c) of Pub. L. 88-426, see

section 501 of Pub. L. 88-426.

-TRANS-

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to

Administrator of National Aeronautics and Space Administration, see

Parts 1, 2, and 19 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R.

47491, set out as a note under section 5195 of this title.

TERMINATION OF NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS;

TRANSFER OF FUNCTIONS

Section 301(a) of Pub. L. 85-568 provided that: "The National

Advisory Committee for Aeronautics, on the effective date of this

section [see note set out under section 2302 of Title 10, Armed

Forces], shall cease to exist. On such date all functions, powers,

duties, and obligations, and all real and personal property,

personnel (other than members of the Committee), funds, and records

of that organization, shall be transferred to the Administration."

-MISC2-

APPOINTMENT OF COMMISSIONED OFFICER AS DEPUTY ADMINISTRATOR

Pub. L. 107-117, div. B, Sec. 307, Jan. 10, 2002, 115 Stat. 2301,

provided that: "During fiscal year 2002 the President, acting by

and with the consent of the Senate, is authorized to appoint a

commissioned officer of the Armed Forces, in active status, to the

Office of Deputy Administrator of the National Aeronautics and

Space Administration notwithstanding section 202(b) of the National

Aeronautics and Space Act of 1958 (42 U.S.C. 2472(b)). If so

appointed, the provisions of section 403(c)(3), (4), and (5) of

title 50, United States Code, shall be applicable while the

commissioned officer serves as Deputy Administrator in the same

manner and extent as if the officer was serving in a position

specified in section 403(c) of title 50, United States Code, except

that the officer's military pay and allowances shall be reimbursed

from funds available to the National Aeronautics and Space

Administration."

APPOINTMENT OF RETIRED MILITARY OFFICER AS ADMINISTRATOR

Pub. L. 101-48, June 30, 1989, 103 Stat. 136, provided: "That

notwithstanding the provisions of section 202(a) of the National

Aeronautics and Space Act of 1958 (42 U.S.C. 2472(a)), or any other

provision of law, the President, acting by and with the advice and

consent of the Senate, is authorized to appoint Rear Admiral

Richard Harrison Truly to the Office of Administrator of the

National Aeronautics and Space Administration. Admiral Truly's

appointment to, acceptance of, and service in that Office shall in

no way affect the status, rank, and grade which he holds as an

officer on the retired list of the United States Navy, or any

emolument, perquisite, right, privilege, or benefit incident to or

arising out of any such status, office, rank, or grade, except to

the extent that subchapter IV of chapter 55 of title 5, United

States Code, affects the amount of retired pay to which he is

entitled by law during his service as Administrator. So long as he

serves as Administrator, Admiral Truly shall receive the

compensation of that Office at the rate which would be applicable

if he were not an officer on the retired list of the United States

Navy, shall retain the status, rank, and grade which he now holds

as an officer on the retired list of the United States Navy, shall

retain all emoluments, perquisites, rights, privileges, and

benefits incident to or arising out of such status, office, rank,

or grade, and shall in addition continue to receive the retired pay

to which he is entitled by law, subject to the provisions of

subchapter IV of chapter 55 of title 5, United States Code.

"Sec. 2. In the performance of his duties as Administrator of the

National Aeronautics and Space Administration, Admiral Truly shall

be subject to no supervision, control, restriction, or prohibition

(military or otherwise) other than would be operative with respect

to him if he were not an officer on the retired list of the United

States Navy.

"Sec. 3. Nothing in this Act shall be construed as approval by

the Congress of any future appointments of military persons to the

Offices of Administrator and Deputy Administrator of the National

Aeronautics and Space Administration."

-EXEC-

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.

<p><img src="http://uscode.house.gov/images/code03/images/t422472.gif" width=576 height=579 alt="Image of item"><p>

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.

-End-

-CITE-

42 USC Sec. 2473 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2473. Functions of Administration

-STATUTE-

(a) Planning, directing and conducting aeronautical and space

activities; participation by scientific community; dissemination

of information

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, development, etc., in ground propulsion technologies

and solar heating and cooling technologies

(1) 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 2503 through 2509 of

title 15.

(2) 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 5503, 5504, and 5507 of this title.

(c) Powers of Administration in performance of its functions

In the performance of its functions the Administration is

authorized -

(1) 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;

(2) to appoint and fix the compensation of such officers and

employees as may be necessary to carry out such functions. Such

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 (A) to the extent the Administrator deems such action

necessary to the discharge of his responsibilities, he may

appoint not more than four hundred and twenty-five 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 highest rate

of grade 18 of the General Schedule, and (B) to the extent the

Administrator deems such action necessary to recruit specially

qualified scientific and engineering talent, he may establish the

entrance grade for scientific and engineering personnel without

previous service in the Federal Government at a level up to two

grades higher than the grade provided for such personnel under

the General Schedule, and fix their compensation accordingly;

(3) 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; 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 ten years without

regard to section 8141 of title 40; to lease to others such real

and personal property; to sell and otherwise dispose of real and

personal property (including patents and rights thereunder) in

accordance with the provisions of the Federal Property and

Administrative Services Act of 1949, as amended;(!1) and 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;

(4) to accept unconditional gifts or donations of services,

money, or property, real, personal, or mixed, tangible or

intangible;

(5) without regard to section 3324(a) and (b) 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;

(6) 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;

(7) to appoint such advisory committees as may be appropriate

for purposes of consultation and advice to the Administration in

the performance of its functions;

(8) 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;

(9) to obtain services as authorized by section 3109 of title

5, but at rates for individuals not to exceed the per diem rate

equivalent to the rate for GS-18;

(10) when determined by the Administrator to be necessary, and

subject to such security investigations as he may determine to be

appropriate, to employ aliens without regard to statutory

provisions prohibiting payment of compensation to aliens;

(11) to provide by concession, without regard to section 1302

of title 40, on such terms as the Administrator may deem to be

appropriate and to be necessary to protect the concessioner

against loss of his 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 which the Administration

may have to provide facilities, equipment, and services for

visitors to its installations). A concession agreement under this

paragraph may be negotiated with any qualified proposer following

due consideration of all proposals received after reasonable

public notice of the intention to contract. The concessioner

shall be afforded a reasonable opportunity to make a profit

commensurate with the capital invested and the obligations

assumed, and the consideration paid by him for the concession

shall be based on the probable value of such opportunity and not

on maximizing revenue to the United States. Each concession

agreement shall specify the manner in which the concessioner's

records are to be maintained, and shall provide for access to any

such records by the Administration and the Comptroller General of

the United States for a period of five years after the close of

the business year to which such records relate. 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 he

constructs or locates upon land owned by the United States; and,

with the approval of the Administration, such possessory interest

may be assigned, transferred, encumbered, or relinquished by him,

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;

(12) 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;

(13)(A) 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 subsection (a) of this

section, where such claim is presented to the Administration in

writing within two years after the accident or incident out of

which the claim arises; and

(B) if the Administration considers that a claim in excess of

$25,000 is meritorious and would otherwise be covered by this

paragraph, to report the facts and circumstances thereof to the

Congress for its consideration.

-SOURCE-

(Pub. L. 85-568, title II, Sec. 203, 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;

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. 96-48, Sec. 6(a),

Aug. 8, 1979, 93 Stat. 348; Pub. L. 101-611, title I, Sec. 107,

Nov. 16, 1990, 104 Stat. 3197.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (c)(5), (8), (12),

was in the original "this Act", meaning Pub. L. 85-568, July 29,

1958, 72 Stat. 426, as amended, known as the National Aeronautics

and Space Act of 1958. For complete classification of this Act to

the Code, see Short Title note set out under section 2451 of this

title and Tables.

The civil-service laws, referred to in subsec. (c)(2), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The General Schedule, referred to in subsec. (c)(2), is set out

under section 5332 of Title 5.

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in subsec. (c)(3), is act June 30, 1949, ch.

288, 63 Stat. 377, as amended. Except for title III of the Act,

which is classified generally to subchapter IV (Sec. 251 et seq.)

of chapter 4 of Title 41, Public Contracts, the Act was repealed

and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116

Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public

Buildings, Property, and Works.

-COD-

CODIFICATION

In subsec. (c)(2), "chapter 51 and subchapter III of chapter 53

of title 5" substituted for "the Classification Act of 1949, as

amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

In subsec. (c)(3), "section 8141 of title 40" substituted for

"the Act of March 3, 1877 (40 U.S.C. 34)" and, in subsec. (c)(11),

"section 1302 of title 40" substituted for "section 321 of the Act

of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303b)", on authority of

Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

In subsec. (c)(5), "section 3324(a) and (b) of title 31"

substituted for "section 3648 of the Revised Statutes, as amended

(31 U.S.C. 529)" on authority of Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted Title

31, Money and Finance.

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(4), (5). Pub. L. 101-611 added pars. (4) and

(5).

1979 - Subsec. (c)(13). Pub. L. 96-48 substituted "$25,000" for

"$5,000".

1978 - Subsec. (b). Pub. L. 95-401 designated existing provisions

as par. (1) and redesignated provisions set out in text as the

second subsec. (c), relating to research, development, etc., in

solar heating and cooling technologies, as par. (2).

Subsec. (c). Pub. L. 95-401 redesignated subsec. (c), relating to

research, development, etc., in solar heating and cooling

technologies, as subsec. (b)(2).

1976 - Subsec. (b). Pub. L. 94-413 added subsec. (b). Former

subsec. (b) was redesignated (c) and was set out in text as the

second subsec. (c).

Subsec. (c). Pub. L. 94-413 redesignated former subsec. (b),

relating to research, development, etc., in solar heating and

cooling technologies, as (c) set out in text as the second subsec.

(c).

1974 - Subsec. (b). Pub. L. 93-409 added subsec. (b), and

redesignated former subsec. (b) as (c) set out first.

Subsec. (b)(9). Pub. L. 93-316 substituted "section 3109 of title

5, but at rates for individuals not to exceed the per diem rate

equivalent to the rate for GS-18" for "section 15 of the Act of

August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem

for individuals".

Subsec. (c). Pub. L. 93-409 redesignated former subsec. (b) as

(c).

1973 - Subsec. (b)(11). Pub. L. 93-74 added par. (11).

1971 - Subsec. (b)(14). Pub. L. 91-646 repealed provisions of

paragraph for Administration authorization for reimbursement of

owners and tenants of land and interests in land acquired on or

after Nov. 1, 1961, by the United States for Administration use for

expenses and damages incurred by such owners and tenants as result

of moving themselves, their families, and their possessions because

of said acquisition, limitation on amount, and time for submission

of applications. See section 4601 et seq. of this title.

1964 - Subsec. (b)(2). Pub. L. 88-426 struck out provisions from

cl. (A) which permitted the Administrator to fix compensation at

not more than $21,000 for a maximum of thirty positions and

provisions which related to the filling of positions prior to Mar.

1, 1962, and July 1, 1962.

Subsec. (b)(11). Pub. L. 88-448 repealed former par. (11) which

authorized the employment of retired commissioned officers.

1962 - Subsec. (b). Pub. L. 87-793 substituted "(at not to exceed

the highest rate of grade 18 of the General Schedule, or for a

maximum of thirty positions, not to exceed $21,000 a year) of" for

"(up to a limit of $19,000 a year, or up to a limit of $21,000 a

year for a maximum of thirty positions) of", in par (2).

Subsec. (b)(14). Pub. L. 87-584 added par. (14).

1961 - Subsec. (b)(2). Pub. L. 87-367 substituted "thirty" for

"thirteen" and "four hundred and twenty-five (of which not to

exceed three hundred and fifty-five may be filled prior to March 1,

1962 and not to exceed three hundred and ninety may be filed prior

to July 1, 1962)" for "two hundred and ninety".

1960 - Subsec. (b)(2). Pub. L. 86-481 substituted "thirteen" for

"ten" and "two hundred and ninety" for "two hundred and sixty".

1959 - Subsec. (b)(3). Pub. L. 86-20 authorized the

Administration to acquire, by lease or otherwise, buildings or

parts of buildings in the District of Columbia for a period of not

more than 10 years.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-48 effective Oct. 1, 1979, see section

6(c) of Pub. L. 96-48, set out as an Effective Date note under

section 2458b of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 91-646 effective Jan. 2, 1971, see section

221 of Pub. L. 91-646, set out as an Effective Date note under

section 4601 of this title.

EFFECTIVE DATE OF 1964 AMENDMENTS

Amendment by Pub. L. 88-448 effective on first day of first month

which begins later than the ninetieth day following Aug. 19, 1964,

see section 403 of Pub. L. 88-448.

Amendment by Pub. L. 88-426 effective on first day of first pay

period which begins on or after July 1, 1964, except to the extent

provided in section 501(c) of Pub. L. 88-426, see section 501 of

Pub. L. 88-426.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-793 effective on first day of first pay

period which begins on or after Oct. 11, 1962, see section 1008 of

Pub. L. 87-793.

SAVINGS PROVISION

Any rights or liabilities existing under provisions repealed by

section 220(a) of Pub. L. 91-646 as not affected by such repeal,

see section 220(b) of Pub. L. 91-646, set out as a note under

section 4621 of this title.

-TRANS-

OFFICE OF INSPECTOR GENERAL

Functions, powers, and duties of Management Audit Office and

Office of Inspections and Security in National Aeronautics and

Space Administration transferred to Office of Inspector General in

National Aeronautics and Space Administration by section 9(a)(1)(L)

of the Inspector General Act of 1978, Pub. L. 95-452, set out in

the Appendix to Title 5, Government Organization and Employees,

section 2 of which established such Office of Inspector General.

-MISC2-

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 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 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."

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."

NASA MID-RANGE PROCUREMENT TEST PROGRAM

Pub. L. 103-355, title V, Sec. 5062, Oct. 13, 1994, 108 Stat.

3356, provided that:

"(a) In General. - The Administrator of the National Aeronautics

and Space Administration (in this section referred to as the

'Administrator') may conduct a test of alternative notice and

publication requirements for procurements conducted by the National

Aeronautics and Space Administration. To the extent consistent with

this section, such program shall be conducted consistent with

section 15 of the Office of Federal Procurement Policy Act (41

U.S.C. 413).

"(b) Applicability. - The test conducted under subsection (a)

shall apply to acquisitions with an estimated annual total

obligation of funds of $500,000 or less.

"(c) Limitation on Total Cost. - The total estimated life-cycle

cost to the Federal Government for the test conducted under

subsection (a) may not exceed $100,000,000.

"(d) Waiver of Procurement Regulations. - (1) In conducting the

test under this section, the Administrator, with the approval of

the Administrator for Federal Procurement Policy, may waive -

"(A) any provision of the Federal Acquisition Regulation that

is not required by statute; and

"(B) any provision of the Federal Acquisition Regulation that

is required by a provision of law described in paragraph (2), the

waiver of which the Administrator determines in writing to be

necessary to conduct the test.

"(2) The provisions of law referred to in paragraph (1) are as

follows:

"(A) Subsections (e), (f), and (g) of section 8 of the Small

Business Act (15 U.S.C. 637).

"(B) Section 18 of the Office of Federal Procurement Policy Act

(41 U.S.C. 416).

"(e) Report. - Not later than 6 months after completion of the

test conducted under subsection (a), the Comptroller General shall

submit to Congress a report for the test setting forth in detail

the results of the test, including such recommendations as the

Comptroller General considers appropriate.

"(f) Expiration of Authority. - The authority to conduct the test

under subsection (a) and to award contracts under such test shall

expire 4 years after the date of the enactment of this Act [Oct.

13, 1994]. Contracts entered into before such authority expires

shall remain in effect, notwithstanding the expiration of the

authority to conduct the test under this section.

"(g) Rule of Construction. - Nothing in this section shall be

construed as authorizing the appropriation or obligation of funds

for the test conducted pursuant to subsection (a)."

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.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2453, 2454, 2458b of this

title; title 31 section 1304.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 2473a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2473a. Repealed. Pub. L. 96-470, title I, Sec. 118(b), Oct.

19, 1980, 94 Stat. 2241

-MISC1-

Section, Pub. L. 87-367, title II, Sec. 206(b), Oct. 4, 1961, 75

Stat. 791, required Administrator of National Aeronautics and Space

Administration to submit to Congress, not later than 45 days after

close of each fiscal year, a report which sets forth, as of close

of such fiscal year, the number of positions established, the name,

compensation, and qualification of each incumbent, position or

positions held in or outside Federal Government by each incumbent

during the 5 years immediately preceding date of appointment, and

such other information as required by Congress and authorized

Administrator to omit any information deemed detrimental to

national security, to inform Congress of such omission, and to

supply all information concerning such matter at request of any

Congressional committee.

-End-

-CITE-

42 USC Sec. 2473b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2473b. Award of prime and subcontracts to small businesses and

disadvantaged individuals

-STATUTE-

The NASA Administrator shall annually establish a goal of at

least 8 per centum 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 section 637(a)(5)

and (6) of title 15), including Historically Black Colleges and

Universities 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.)).

To facilitate progress in reaching this goal, the NASA

Administrator shall submit within one year from Nov. 9, 1989, a

plan describing the process to be followed to achieve the

prescribed level of participation in the shortest practicable time.

-SOURCE-

(Pub. L. 101-144, title III, Nov. 9, 1989, 103 Stat. 863.)

-REFTEXT-

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, as amended,

which is classified generally to chapter 31 (Sec. 1221 et seq.) of

Title 20, Education. For complete classification of this Act to the

Code, see section 1221 of Title 20 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Departments of Veterans

Affairs and Housing and Urban Development, and Independent Agencies

Appropriations Act, 1990, and not as part of the National

Aeronautics and Space Act of 1958 which is classified principally

to this chapter.

-End-

-CITE-

42 USC Sec. 2473c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2473c. Drug and alcohol testing

-STATUTE-

(a) Short title

This section may be cited as the "Civil Space Employee Testing

Act of 1991".

(b) Findings

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.

(c) Testing program

(1) The Administrator shall establish a program applicable to

employees of the National Aeronautics and Space 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) The Administrator shall, in the interest of safety, security,

and national security, prescribe regulations within 18 months after

December 9, 1991. Such regulations shall establish a program which

requires National Aeronautics and Space 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) 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.

(d) Prohibition on service

(1) 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 a National Aeronautics and Space

Administration employee with responsibility for safety-sensitive,

security, or national security functions (as determined by the

Administrator), or as a National Aeronautics and Space

Administration contractor employee with such responsibility, unless

such individual has completed a program of rehabilitation described

in subsection (e) of this section.

(2) 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, who -

(A) engaged in such use while on duty;

(B) prior to such use had undertaken or completed a

rehabilitation program described in subsection (e) of this

section;

(C) following such determination refuses to undertake such a

rehabilitation program; or

(D) following such determination fails to complete such a

rehabilitation program,

shall not be permitted to perform the duties which such individual

performed prior to the date of such determination.

(e) Program for rehabilitation

(1) 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 (c) of this section 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 (c)(2) of this section. 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 National Aeronautics and Space

Administration contractor from establishing a program under this

subsection in cooperation with any other such contractor.

(2) 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 National Aeronautics and Space 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.

(f) Procedures for testing

In establishing the programs required under subsection (c) of

this section, 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.

(g) Effect on other laws and regulations

(1) 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) 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

National Aeronautics and Space Administration employees with

responsibility for safety-sensitive, security, and national

security functions (as determined by the Administrator), or by

National Aeronautics and Space Administration contractor employees

with such responsibility.

(h) "Controlled substance" defined

For the purposes of this section, the term "controlled substance"

means any substance under section 802(6) of title 21 specified by

the Administrator.

-SOURCE-

(Pub. L. 102-195, Sec. 21, Dec. 9, 1991, 105 Stat. 1616.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act, Fiscal Year 1992, and not as part

of the National Aeronautics and Space Act of 1958 which is

classified principally to this chapter.

-End-

-CITE-

42 USC Sec. 2473d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2473d. Use of abandoned and underutilized buildings, grounds,

and facilities

-STATUTE-

(a) In general

In any case in which the Administrator considers the purchase,

lease, or expansion of a facility to meet requirements of the

National Aeronautics and Space 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

National Aeronautics and Space 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 -

(i) to be excess to the needs of that agency; or

(ii) to be underutilized by that agency.

(b) Definition

For the purposes of 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.

-SOURCE-

(Pub. L. 106-391, title III, Sec. 325, Oct. 30, 2000, 114 Stat.

1600.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act of 2000, and not as part of the

National Aeronautics and Space Act of 1958 which is classified

principally to this chapter.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation authorization act:

Pub. L. 102-588, title II, Sec. 220, Nov. 4, 1992, 106 Stat.

5118.

-CROSS-

DEFINITIONS

For definition of the term "Administrator" used in subsec. (a) of

this section, see section 3 of Pub. L. 106-391, set out as a note

under section 2452 of this title.

-End-

-CITE-

42 USC Sec. 2474 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2474. Omitted

-COD-

CODIFICATION

Section, Pub. L. 85-568, title II, Sec. 204, July 29, 1958, 72

Stat. 431; Pub. L. 88-426, title III, Sec. 305(13)(B), Aug. 14,

1964, 78 Stat. 423; Pub. L. 88-448, title IV, Sec. 401(g), Aug. 19,

1964, 78 Stat. 490, established Civilian-Military Liaison

Committee, and was omitted from the Code because the Committee was

abolished and its functions, together with the function of its

chairman and other officers, transferred to President of the United

States by sections 1(e) and 3(a) of Reorg. Plan No. 4 of 1965, eff.

July 27, 1965, 30 F.R. 9353, 79 Stat. 1321, set out in the Appendix

to Title 5, Government Organization and Employees.

-End-

-CITE-

42 USC Sec. 2475 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2475. International cooperation

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-568, title II, Sec. 205, July 29, 1958, 72 Stat. 432.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 85-568, July 29, 1958, 72 Stat. 426, as

amended, known as the National Aeronautics and Space Act of 1958.

For complete classification of this Act to the Code, see Short

Title note set out under section 2451 of this title and Tables.

-TRANS-

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 [42 U.S.C. 2451 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.

-End-

-CITE-

42 USC Sec. 2475a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2475a. Competitiveness and international cooperation

-STATUTE-

(a) Limitation

(1) 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) The Administrator shall certify to the 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) The Inspector General of the National Aeronautics and Space

Administration, in consultation with appropriate agencies, shall

conduct an annual audit of the policies and procedures of the

National Aeronautics and Space Administration with respect to the

export of technologies and the transfer of scientific and technical

information, to assess the extent to which the National Aeronautics

and Space Administration is carrying out its activities in

compliance with Federal export control laws and with paragraph (2).

(b) National interests

Before entering into an obligation described in subsection (a) of

this section, the Administrator shall consider the national

interests of the United States described in section 2(6).

-SOURCE-

(Pub. L. 106-391, title I, Sec. 126, Oct. 30, 2000, 114 Stat.

1585.)

-REFTEXT-

REFERENCES IN TEXT

Section 2(6), referred to in subsec. (b), is section 2(6) of Pub.

L. 106-391, Oct. 30, 2000, 114 Stat. 1578, which is not classified

to the Code.

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act of 2000, and not as part of the

National Aeronautics and Space Act of 1958 which is classified

principally to this chapter.

-CROSS-

DEFINITIONS

For definition of the term "Administrator" used in text of this

section, see section 3 of Pub. L. 106-391, set out as a note under

section 2452 of this title.

-End-

-CITE-

42 USC Sec. 2475b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2475b. Foreign contract limitation

-STATUTE-

The National Aeronautics and Space 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.

-SOURCE-

(Pub. L. 106-391, title III, Sec. 305, Oct. 30, 2000, 114 Stat.

1592.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act of 2000, and not as part of the

National Aeronautics and Space Act of 1958 which is classified

principally to this chapter.

-End-

-CITE-

42 USC Sec. 2476 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2476. Reports to Congress

-STATUTE-

(a) Presidential report; transmittal

The President shall transmit to the Congress in May of each year

a report, which shall include (1) a comprehensive description of

the programed 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 2451(c)

(!1) 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 2451(c) (!1) of

this title.

(c) Classified information

No information which has been classified for reasons of national

security shall be included in any report made under this section,

unless such information has been declassified by, or pursuant to

authorization given by, the President.

-SOURCE-

(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.)

-REFTEXT-

REFERENCES IN TEXT

Section 2451(c) of this title, referred to in subsecs. (a) and

(b), was redesignated section 2451(d) of this title by Pub. L.

98-361, title I, Sec. 110(a)(2), July 16, 1984, 98 Stat. 426.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-391 substituted "May" for

"January" and "fiscal" for "calendar".

1971 - Subsec. (a). Pub. L. 92-68, Sec. 7(1), (2), repealed

provisions for submission of Administration reports to the

President semiannually and at other times, and redesignated subsec.

(b) as (a).

Subsecs. (b) to (d). Pub. L. 92-68, Sec. 7(2), redesignated

subsecs. (b), (c), and (d) as (a), (b), and (c), respectively.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 2476a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2476a. Disposal of excess land; approval by Congressional

committees

-STATUTE-

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 which is owned by the United States and under the

jurisdiction and control of the Administration, unless (A) a period

of thirty days has passed after the receipt by the Speaker and the

Committee on Science, Space, 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 his 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 (B) each

such committee before the expiration of such period has transmitted

to the Administrator written notice to the effect that such

committee has no objection to the proposed action.

-SOURCE-

(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.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Committee on Science, Space,

and Technology" for "Committee on Science and Astronautics" and

"Committee on Commerce, Science, and Transportation" for "Committee

on Aeronautical and Space Sciences".

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

42 USC Sec. 2476b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2476b. Donations for space shuttle orbiter

-STATUTE-

(a) Acceptance by Administrator and use

The Administrator may accept gifts and donations of services,

money, and real, personal, tangible, and intangible property, and

use such gifts and donations for the construction of a space

shuttle orbiter.

(b) Termination of authority to accept; use of unneeded gifts and

donations

(1) The authority of the Administrator to accept gifts or

donations pursuant to subsection (a) of this section shall

terminate five years after October 30, 1987.

(2) All gifts and donations accepted by the Administrator

pursuant to subsection (a) of this section which are not needed for

construction of a space shuttle orbiter shall be used by the

Administrator for an appropriate purpose -

(A) in tribute to the dedicated crew of the space shuttle

Challenger; and

(B) in furtherance of the exploration of space.

(c) Name of space shuttle orbiter

The name of a space shuttle orbiter constructed in whole or in

part with gifts or donations whose acceptance and use are

authorized by subsection (a) of this section shall be selected by

the Administrator from among suggestions submitted by students in

elementary and secondary schools.

-SOURCE-

(Pub. L. 85-568, title II, Sec. 208, as added Pub. L. 100-147,

title I, Sec. 115, Oct. 30, 1987, 101 Stat. 866.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2467a of this title.

-End-

-CITE-

42 USC Sec. 2477 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER II - COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

-HEAD-

Sec. 2477. Aerospace Safety Advisory Panel; membership;

appointment; term; powers and duties of Panel; Chairman;

compensation, travel and other necessary expenses; NASA

membership restriction

-STATUTE-

There is hereby established an Aerospace Safety Advisory Panel

consisting of a maximum of nine members who shall be appointed by

the Administrator for terms of six years each. The Panel shall

review safety studies and operations plans referred to it and shall

make reports thereon, shall advise the Administrator with respect

to the hazards of proposed or existing facilities and proposed

operations and with respect to the adequacy of proposed or existing

safety standards and shall perform such other duties as the

Administrator may request. One member shall be designated by the

Panel as its Chairman. Members of the Panel who are officers or

employees of the Federal Government shall receive no compensation

for their services as such, but shall be allowed necessary travel

expenses (or in the alternative, mileage for use of privately owned

vehicles and a per diem in lieu of subsistence not to exceed the

rates and amounts prescribed in sections 5702, 5704 of title 5),

and other necessary expenses incurred by them in the performance of

duties vested in the Panel, without regard to the provisions of

subchapter I, chapter 57 of title 5, the Standardized Government

Travel Regulations, or section 5731 of title 5. Members of the

Panel appointed from outside the Federal Government shall each

receive compensation at a rate not to exceed the per diem rate

equivalent to the rate for GS-18 for each day such member is

engaged in the actual performance of duties vested in the Panel in

addition to reimbursement for travel, subsistence, and other

necessary expenses in accordance with the provisions of the

foregoing sentence. Not more than four such members shall be chosen

from among the officers and employees of the National Aeronautics

and Space Administration.

-SOURCE-

(Pub. L. 90-67, Sec. 6, Aug. 21, 1967, 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.)

-COD-

CODIFICATION

Section was not enacted as part of the National Aeronautics and

Space Act of 1958 which is classified principally to this chapter.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-234 substituted "rates and amounts" for

"rates".

1976 - Pub. L. 94-307 substituted "a rate not to exceed the per

diem rate equivalent to the rate for GS-18" for "the rate of $100"

as daily rate of compensation for members of Panel appointed from

outside Federal Government while engaged in actual performance of

duties vested in Panel.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-234 effective (1) on the effective date

of regulations to be promulgated not later than 150 days after Jan.

2, 1986, or (2) 180 days after Jan. 2, 1986, whichever occurs

first, see section 301(a) of Pub. L. 99-234, set out as a note

under section 5701 of Title 5, Government Organization and

Employees.

TERMINATION OF ADVISORY PANELS

Advisory panels in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a panel established by the President

or an officer of the Federal Government, such panel is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a panel established by the Congress, its duration

is otherwise provided by law. See sections 3(2) and 14 of Pub. L.

92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to

Title 5, Government Organization and Employees.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC SUBCHAPTER III - UPPER ATMOSPHERE RESEARCH 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER III - UPPER ATMOSPHERE RESEARCH

-HEAD-

SUBCHAPTER III - UPPER ATMOSPHERE RESEARCH

-End-

-CITE-

42 USC Sec. 2481 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER III - UPPER ATMOSPHERE RESEARCH

-HEAD-

Sec. 2481. Congressional declaration of purpose and policy

-STATUTE-

(a) 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) The 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.

-SOURCE-

(Pub. L. 85-568, title IV, Sec. 401, as added Pub. L. 94-39, Sec.

8, June 19, 1975, 89 Stat. 222.)

-End-

-CITE-

42 USC Sec. 2482 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER III - UPPER ATMOSPHERE RESEARCH

-HEAD-

Sec. 2482. "Upper atmosphere" defined

-STATUTE-

For the purpose of this subchapter the term "upper atmosphere"

means that portion of the Earth's sensible atmosphere above the

troposphere.

-SOURCE-

(Pub. L. 85-568, title IV, Sec. 402, as added Pub. L. 94-39, Sec.

8, June 19, 1975, 89 Stat. 222.)

-End-

-CITE-

42 USC Sec. 2483 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER III - UPPER ATMOSPHERE RESEARCH

-HEAD-

Sec. 2483. Program authorized

-STATUTE-

(a) 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) 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.

-SOURCE-

(Pub. L. 85-568, title IV, Sec. 403, as added Pub. L. 94-39, Sec.

8, June 19, 1975, 89 Stat. 222.)

-End-

-CITE-

42 USC Sec. 2484 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 26 - NATIONAL SPACE PROGRAM

SUBCHAPTER III - UPPER ATMOSPHERE RESEARCH

-HEAD-

Sec. 2484. International cooperation

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-568, title IV, Sec. 404, as added Pub. L. 94-39, Sec.

8, June 19, 1975, 89 Stat. 223.)

-End-