51 U.S.C. § 30307 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 303 / Section 30307: Requirement for independent cost analysis
Requirement for independent cost analysis
Status: in_force

(a) Definition of Implementation.—In this section, the term "implementation" means all activity in the life cycle of a project after preliminary design, independent assessment of the preliminary design, and approval to proceed into implementation, including critical design, development, certification, launch, operations, disposal of assets, and, for technology programs, development, testing, analysis, and communication of the results.

(b) Requirement.—Before any funds may be obligated for implementation of a project that is projected to cost more than $250,000,000 in total project costs, the Administrator shall conduct and consider an independent life-cycle cost analysis of the project and shall report the results to Congress. In developing cost accounting and reporting standards for carrying out this section, the Administrator shall, to the extent practicable and consistent with other laws, solicit the advice of experts outside of the Administration.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3365.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

30307
42 U.S.C. 2459g.
Pub. L. 106–391, title III, §301, Oct. 30, 2000, 114 Stat. 1591; Pub. L. 109–155, title VII, §704, Dec. 30, 2005, 119 Stat. 2936.

In subsection (b), in the first sentence, the words "the Administrator shall conduct" are substituted for "the Administrator for the National Aeronautics and Space Administration shall conduct" to eliminate unnecessary words.

In subsection (b), in the last sentence, the word "experts" is substituted for "expertise" for clarity.

Statutory Notes and Related Subsidiaries

Cost Estimation

Pub. L. 115–10, title VIII, §836, Mar. 21, 2017, 131 Stat. 69, provided that:

"(a) Sense of Congress.—It is the sense of Congress that—

"(1) realistic cost estimating is critically important to the ultimate success of major space development projects; and

"(2) the [National Aeronautics and Space] Administration has devoted significant efforts over the past 5 years to improving its cost estimating capabilities, but it is important that the Administration continue its efforts to develop and implement guidance in establishing realistic cost estimates.

"(b) Guidance and Criteria.—The Administrator [of the National Aeronautics and Space Administration] shall provide to its acquisition programs and projects, in a manner consistent with the Administration's Space Flight Program and Project Management Requirements—

"(1) guidance on when to use an Independent Cost Estimate and Independent Cost Assessment; and

"(2) criteria to use to make a determination under paragraph (1)."
51 U.S.C. § 60141 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 601 / Subchapter V / Section 60141: Nondiscriminatory data availability
Nondiscriminatory data availability
Status: in_force

(a) In General.—Except as provided in subsection (b), any unenhanced data generated by the Landsat system or any other land remote sensing system funded and owned by the United States Government shall be made available to all users without preference, bias, or any other special arrangement (except on the basis of national security concerns pursuant to section 60146 of this title) regarding delivery, format, pricing, or technical considerations which would favor one customer or class of customers over another.

(b) Exceptions.—Unenhanced data generated by the Landsat system or any other land remote sensing system funded and owned by the United States Government may be made available to the United States Government and its affiliated users at reduced prices, in accordance with this chapter, on the condition that such unenhanced data are used solely for noncommercial purposes.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3419.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60141
15 U.S.C. 5651.
Pub. L. 102–555, title V, §501, Oct. 28, 1992, 106 Stat. 4176.
51 U.S.C. § 40502 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 405 / Section 40502: Biomedical research grants
Biomedical research grants
Status: in_force

(a) Establishment of Program.—The Administrator and the Director of the National Institutes of Health shall establish a joint program of biomedical research grants in areas described in section 40501(a) of this title, where such research requires access to a microgravity environment. Such program shall be consistent with actions taken by the joint working group under section 40501 of this title.

(b) Research Opportunity Announcements.—The grants program established under subsection (a) shall annually issue joint research opportunity announcements under the sponsorship of the National Institutes of Health and the Administration. Responses to the announcements shall be evaluated by a peer review committee whose members shall be selected by the Director of the National Institutes of Health and the Administrator, and shall include individuals not employed by the Administration or the National Institutes of Health.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3389.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

40502
42 U.S.C. 2487b.
Pub. L. 102–588, title VI, §603, Nov. 4, 1992, 106 Stat. 5130.
51 U.S.C. § 71104 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 711 / Section 71104: Planetary radar
Planetary radar
Status: in_force

The Administrator shall maintain a planetary radar that is comparable to the capability provided through the Deep Space Network Goldstone facility of the Administration.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3439.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

71104
42 U.S.C. 17795.
Pub. L. 110–422, title VIII, §805, Oct. 15, 2008, 122 Stat. 4804.
51 U.S.C. § 20132 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 201 / Subchapter III / Section 20132: Security requirements
Security requirements
Status: in_force

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

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3338.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

20132
42 U.S.C. 2455(a).
Pub. L. 85–568, title III, §304(a), July 29, 1958, 72 Stat. 433; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.

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

Statutory Notes and Related Subsidiaries

Access to Restricted Data

Pub. L. 85–568, title III, §304(b), July 29, 1958, 72 Stat. 434, provided that: "The Atomic Energy Commission may authorize any of its employees, or employees of any contractor, prospective contractor, licensee, or prospective licensee of the Atomic Energy Commission or any other person authorized to have access to Restricted Data by the Atomic Energy Commission under subsection 145 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2165(b)), to permit any member, officer, or employee of the Council [National Aeronautics and Space Council], or the Administrator [of the National Aeronautics and Space Administration], or any officer, employee, member of an advisory committee, contractor, subcontractor, or officer or employee of a contractor or subcontractor of the Administration [National Aeronautics and Space Administration], to have access to Restricted Data relating to aeronautical and space activities which is required in the performance of his duties and so certified by the Council or the Administrator, as the case may be, but only if (1) the Council or Administrator or designee thereof has determined, in accordance with the established personnel security procedures and standards of the Council or Administration, that permitting such individual to have access to such Restricted Data will not endanger the common defense and security, and (2) the Council or Administrator or designee thereof finds that the established personnel and other security procedures and standards of the Council or Administration are adequate and in reasonable conformity to the standards established by the Atomic Energy Commission under section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165). Any individual granted access to such Restricted Data pursuant to this subsection may exchange such Data with any individual who (A) is an officer or employee of the Department of Defense, or any department or agency thereof, or a member of the armed forces, or a contractor or subcontractor of any such department, agency, or armed force, or an officer or employee of any such contractor or subcontractor, and (B) has been authorized to have access to Restricted Data under the provisions of section 143 of the Atomic Energy Act of 1954 (42 U.S.C. 2163)."

[Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections.]

[National Aeronautics and Space Council, together with functions of Council, abolished by section 3(a)(4) of Reorg. Plan No. 1 of 1973, effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.]
51 U.S.C. § 51104 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 511 / Section 51104: Environmental requirements
Environmental requirements
Status: in_force

(a) Policy.—It is the policy of the United States that projects selected under this chapter shall provide for the protection and enhancement of the natural resources and the quality of the environment of the United States. In carrying out this policy, the Secretary of Transportation shall consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency about a project that may have a significant effect on natural resources, including fish and wildlife, natural, scenic, and recreational assets, water and air quality, and other factors affecting the environment. If the Secretary of Transportation finds that a project will have a significant adverse effect, the Secretary may approve the application for the project only if, after a complete review that is a matter of public record, the Secretary makes a written finding that no feasible and prudent alternative to the project exists and that all reasonable steps have been taken to minimize the adverse effect.

(b) Public Hearing Requirement.—The Secretary of Transportation may approve an application only if the sponsor of the project certifies to the Secretary that an opportunity for a public hearing has been provided to consider the economic, social, and environmental effects of the project and its consistency with the goals of any planning carried out by the community. When a hearing is held under this paragraph, the sponsor shall submit a copy of the transcript of the hearing to the Secretary.

(c) Compliance With Air and Water Quality Standards.—(1) The Secretary of Transportation may approve an application only if the chief executive officer of the State in which the project is located certifies in writing to the Secretary that there is reasonable assurance that the project will be located, designed, constructed, and operated to comply with applicable air and water quality standards. If the Administrator has not prescribed those standards, certification shall be obtained from the Administrator. Notice of certification or refusal to certify shall be provided not later than 60 days after the Secretary receives the application.

(2) The Secretary of Transportation shall condition the approval of an application on compliance with applicable air and water quality standards during construction and operation.

(d) Compliance With Laws and Regulations.—The Secretary of Transportation may require a certification from a sponsor that the sponsor will comply with all applicable laws and regulations. The Secretary may rescind at any time acceptance of a certification from a sponsor under this subsection. This subsection does not affect any responsibility of the Secretary under another law, including—

(1) section 303 of title 49;

(2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

(3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.);

(4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(5) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1344, §70304 of title 49; renumbered §70304 then §51104 of title 51 and amended Pub. L. 111–314, §4(d)(2), (4)(D), (6)(B), Dec. 18, 2010, 124 Stat. 3440, 3441, 3443.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70304
15:5804(e).
Nov. 4, 1992, Pub. L. 102–588, §505(e), 106 Stat. 5126.

In subsection (a), the words "policy of the United States" are substituted for "national policy", and the words "of the United States" are substituted for "of the Nation", for consistency. The words "included in a project grant application" and "full and" are omitted as surplus.

In subsection (b), the words "of objectives" are omitted as surplus.

In subsection (c), the words "chief executive officer" are substituted for "Governor" for consistency in the revised title and because the word "State" includes the territories and possessions of the United States.

In subsection (d), before clause (1), the words "in connection with any project", "imposed on such sponsor under this section in connection with such project", and "or discharge" are omitted as surplus. The words "laws and regulations" are substituted for "statutory and administrative requirements" for consistency in the revised title.

Editorial Notes

References in Text

The Civil Rights Act of 1964, referred to in subsec. (d)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

Title VIII of the Act of April 11, 1968, referred to in subsec. (d)(3), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, known as the Fair Housing Act, which is classified principally to subchapter I (§3601 et seq.) of chapter 45 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42 and Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (d)(4), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d)(5), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.

Amendments

2010—Pub. L. 111–314, §4(d)(2), (4)(D), successively renumbered section 70304 of title 49 and section 70304 of this title as this section.

Subsec. (d)(1). Pub. L. 111–314, §4(d)(6)(B), substituted "section 303 of title 49" for "section 303 of this title".
51 U.S.C. § 60603 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 606 / Section 60603: Sustaining and advancing critical space weather observations
Sustaining and advancing critical space weather observations
Status: in_force

(a) Policy.—It is the policy of the United States to—

(1) establish and sustain a baseline capability for space weather observations and to make such observations and data publicly available; and

(2) obtain enhanced space weather observations, as practicable, to advance forecasting and prediction capability, as informed by the integrated strategy in section 60602.

(b) Sustaining Baseline Space-based Observational Capabilities.—

(1) The Administrator of the National Aeronautics and Space Administration shall, in cooperation with the European Space Agency and other international and interagency partners, maintain operations of the Solar and Heliospheric Observatory/Large Angle and Spectrometric Coronagraph (referred to in this section as "SOHO/LASCO") for as long as the satellite continues to deliver quality observations.

(2) The Administrator of the National Aeronautics and Space Administration shall prioritize the reception of SOHO/LASCO data.

(3) The Administrator of the National Oceanic and Atmospheric Administration shall maintain, for as long as is practicable, operations of current space-based observational assets, including but not limited to the Geostationary Operational Environmental Satellites system, and the Deep Space Climate Observatory.

(c) Backup Space-based Observational Capability.—The Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration, shall work with Federal and international partners in order to secure reliable backup baseline capability for near real-time coronal mass ejection imagery, solar wind, solar imaging, coronal imagery, and other relevant observations required to provide space weather forecasts.

(d) SOHO/LASCO Operational Contingency Plan.—The Administrator of the National Oceanic and Atmospheric Administration shall develop an operational contingency plan to provide continuous space weather forecasting in the event of an unexpected SOHO/LASCO failure, and prior to the implementation of the backup space-based baseline observational capability in section 60603(c).

(e) Briefing.—Not later than 120 days after the date of enactment of the PROSWIFT Act, the Administrator of the National Oceanic and Atmospheric Administration shall provide a briefing to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the plan to secure reliable backup baseline capability described in subsection (c) and the SOHO/LASCO operational contingency plan developed under subsection (d).

(f) Sustaining Ground-based Observational Capability.—The Director of the National Science Foundation, the Director of the United States Geological Survey, the Secretary of the Air Force, and, as practicable in support of the Air Force, the Secretary of the Navy, shall each—

(1) maintain and improve ground-based observations of the Sun, as necessary and advisable, to help meet the needs identified in the survey under section 60601(d)(3); and

(2) continue to provide space weather data through ground-based facilities, including radars, lidars, magnetometers, neutron monitors, radio receivers, aurora and airglow imagers, spectrometers, interferometers, and solar observatories.

(g) Considerations.—In implementing subsections (b), (c), and (d), the Administrators of the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration, the Directors of the National Science Foundation and United States Geological Survey, and the Secretaries of the Air Force and the Navy shall prioritize cost-effective and reliable solutions.

(h) Ground-based Observational Data.—The Director of the National Science Foundation shall—

(1) make available to the public key data streams from the platforms and facilities described in subsection (d) for research and to support space weather model development;

(2) develop experimental models for scientific purposes; and

(3) support the transition of the experimental models to operations where appropriate.

(i) Enhanced Space-based Observations.—The Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Secretary of Defense, should develop options to build and deploy space-based observational capabilities, beyond the baseline capabilities referenced in subsection (b), that may improve space weather measurements and observations. These supplemental observational capabilities could include commercial solutions, prize authority, academic partnerships, microsatellites, ground-based instruments, and opportunities to deploy the instrument or instruments as a secondary payload on an upcoming planned launch.

(Pub. L. 116–181, §2(b), Oct. 21, 2020, 134 Stat. 888.)

Editorial Notes

References in Text

The date of enactment of the PROSWIFT Act, referred to in subsec. (e), is the date of enactment of Pub. L. 116–181, which was approved Oct. 21, 2020.
51 U.S.C. § 50904 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 509 / Section 50904: Restrictions on launches, operations, and reentries
Restrictions on launches, operations, and reentries
Status: in_force

(a) Requirement.—A license issued or transferred under this chapter, or a permit, is required for the following:

(1) for a person to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, in the United States.

(2) for a citizen of the United States (as defined in section 50902(1)(A) or (B) of this title) to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, outside the United States.

(3) for a citizen of the United States (as defined in section 50902(1)(C) of this title) to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, outside the United States and outside the territory of a foreign country unless there is an agreement between the United States Government and the government of the foreign country providing that the government of the foreign country has jurisdiction over the launch or operation or reentry.

(4) for a citizen of the United States (as defined in section 50902(1)(C) of this title) to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, in the territory of a foreign country if there is an agreement between the United States Government and the government of the foreign country providing that the United States Government has jurisdiction over the launch or operation or reentry.

Notwithstanding this subsection, a permit shall not authorize a person to operate a launch site or reentry site.

(b) Compliance With Payload Requirements.—The holder of a license or permit under this chapter may launch or reenter a payload only if the payload complies with all requirements of the laws of the United States related to launching or reentering a payload.

(c) Preventing Launches and Reentries.—The Secretary of Transportation shall establish whether all required licenses, authorizations, and permits required for a payload have been obtained. If no license, authorization, or permit is required, the Secretary may prevent the launch or reentry if the Secretary decides the launch or reentry would jeopardize the public health and safety, safety of property, or national security or foreign policy interest of the United States.

(d) Single License or Permit.—The Secretary of Transportation shall ensure that only 1 license or permit is required from the Department of Transportation to conduct activities involving crew, government astronauts, or space flight participants, including launch and reentry, for which a license or permit is required under this chapter. The Secretary shall ensure that all Department of Transportation regulations relevant to the licensed or permitted activity are satisfied.

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

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70104(a)
49 App.:2605(a).
Oct. 30, 1984, Pub. L. 98–575, §6(a), (b), 98 Stat. 3057.

70104(b)
49 App.:2605(b)(1) (1st sentence).

70104(c)
49 App.:2605(b)(1) (last sentence), (2).

In subsection (a)(2)–(4), the cross-reference is to section 70102(1) of the revised title (restating 49 App.:2603(12)) rather than to section 70102(11) (restating 49 App.:2603(11)) to correct a mistake. Section 3(2) of the Commercial Space Launch Act Amendments of 1988 (Public Law 100–657, 102 Stat. 3900) redesignated 49 App.:2603(11) as 49 App.:2603(12) but did not amend the cross-reference in 49 App.:2605(a).

In subsection (a)(3) and (4), the words "the government of" are added for consistency in the revised title and with other titles of the United States Code. The words "in force" are omitted as surplus.

In subsection (a)(3), the words "at any place which is both" are omitted as surplus.

In subsection (a)(4), the text of 49 App.:2605(a)(3)(B)(i) is omitted as surplus.

In subsection (c), the words "by Federal law", "which is to be launched", "by any Federal law", "take such action under this chapter as the Secretary deems necessary to", and "of a payload by a holder of a launch license under this chapter" are omitted as surplus.

Editorial Notes

Amendments

2015—Subsec. (d). Pub. L. 114–90 substituted "activities involving crew, government astronauts, or space flight participants" for "activities involving crew or space flight participants".

2010—Pub. L. 111–314, §4(d)(2), (3)(D), successively renumbered section 70104 of title 49 and section 70104 of this title as this section.

Subsec. (a)(2). Pub. L. 111–314, §4(d)(5)(C), substituted "section 50902(1)(A) or (B)" for "section 70102(1)(A) or (B)".

Subsec. (a)(3). Pub. L. 111–314, §4(d)(5)(D), substituted "section 50902(1)(C)" for "section 70102(1)(C)".

Subsec. (a)(4). Pub. L. 111–314, §4(d)(5)(E), substituted "section 50902(1)(C)" for "section 70102(1)(C)".

2004—Subsec. (a). Pub. L. 108–492, §2(c)(3), substituted "Requirement" for "License Requirement" in heading and "A license issued or transferred under this chapter, or a permit," for "A license issued or transferred under this chapter" in introductory provisions and inserted concluding provisions.

Subsec. (b). Pub. L. 108–492, §2(c)(4), inserted "or permit" after "holder of a license".

Subsec. (d). Pub. L. 108–492, §2(c)(5), added subsec. (d).

1998—Pub. L. 105–303, §102(a)(5)(A), substituted "Restrictions on launches, operations, and reentries" for "Restrictions on launches and operations" in section catchline.

Subsec. (a)(1), (2). Pub. L. 105–303, §102(a)(5)(B), inserted "or reentry site, or to reenter a reentry vehicle," after "operate a launch site".

Subsec. (a)(3), (4). Pub. L. 105–303, §102(a)(5)(B), (C), inserted "or reentry site, or to reenter a reentry vehicle," after "operate a launch site" and "or reentry" after "launch or operation".

Subsec. (b). Pub. L. 105–303, §102(a)(5)(D), struck out "launch" before "license" and inserted "or reenter" after "may launch" and "or reentering" after "related to launching".

Subsec. (c). Pub. L. 105–303, §102(a)(5)(E), substituted "Preventing Launches and Reentries" for "Preventing Launches" in heading and inserted "or reentry" after "prevent the launch" and after "decides the launch" in second sentence.
51 U.S.C. § 71301 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 713 / Section 71301: Common docking system standard to enable rescue
Common docking system standard to enable rescue
Status: in_force

In order to maximize the ability to rescue astronauts whose space vehicles have become disabled, the Administrator shall enter into discussions with the appropriate representatives of spacefaring nations who have or plan to have crew transportation systems capable of orbital flight or flight beyond low Earth orbit for the purpose of agreeing on a common docking system standard.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3439.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

71301
42 U.S.C. 17734.
Pub. L. 110–422, title IV, §407, Oct. 15, 2008, 122 Stat. 4790.
51 U.S.C. § 40903 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 409 / Section 40903: Established Program to Stimulate Competitive Research-merit grant competition requirements
Established Program to Stimulate Competitive Research-merit grant competition requirements
Status: in_force

(a) Definition of Eligible State.—In this section, the term "eligible State" means a State designated by the Administrator as eligible to compete in the National Science Foundation's Established Program to Stimulate Competitive Research.

(b) Competition.—Making use of the existing infrastructure established in eligible States by the National Science Foundation, the Administrator shall conduct a merit grant competition among the eligible States in areas of research important to the mission of the Administration. With respect to a grant application by an eligible State, the Administrator shall consider—

(1) the application's merit and relevance to the mission of the Administration;

(2) the potential for the grant to serve as a catalyst to enhance the ability of researchers in the State to become more competitive for regular Administration funding;

(3) the potential for the grant to improve the environment for science, mathematics, and engineering education in the State; and

(4) the need to ensure the maximum distribution of grants among eligible States, consistent with merit.

(c) Supplemental Grants.—The Administrator shall endeavor, where appropriate, to supplement grants made under subsection (b) with such grants for fellowships, traineeships, equipment, or instrumentation as are available.

(d) Information in Annual Budget Submission.—In order to ensure that research expertise and talent throughout the Nation is developed and engaged in Administration research and education activities, the Administration shall, as part of its annual budget submission, detail additional steps that can be taken to further integrate the participating eligible States in both existing and new or emerging Administration research programs and center activities.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3392; Pub. L. 117–167, div. B, title VII, §10851(e), Aug. 9, 2022, 136 Stat. 1754.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

40903(a)
42 U.S.C. 2467b(c).
Pub. L. 102–588, title III, §304, Nov. 4, 1992, 106 Stat. 5120.

40903(b)
42 U.S.C. 2467b(a).

40903(c)
42 U.S.C. 2467b(b).

40903(d)
42 U.S.C. 17781(b).
Pub. L. 110–422, title VII, §704(b), Oct. 15, 2008, 122 Stat. 4802.

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

Editorial Notes

Amendments

2022—Pub. L. 117–167, §10851(e)(1), substituted "Established" for "Experimental" in section catchline.

Subsec. (a). Pub. L. 117–167, §10851(e)(2), substituted "Established" for "Experimental".

Statutory Notes and Related Subsidiaries

Congressional Findings and Policy

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

"SEC. 301. SHORT TITLE.

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

"SEC. 302. FINDINGS.

"Congress finds that—

"(1) the report of the Advisory Committee on the Future of the United States Space Program has provided a framework within which a consensus on the goals of the space program can be developed;

"(2) the National Aeronautics and Space Administration's space science and applications, aeronautical research and technology, and space research and technology programs will serve as the fulcrum for future initiatives by the United States in civil space and aviation;

"(3) colleges and universities in many States are currently not able to compete successfully for research grants awarded by the National Aeronautics and Space Administration through its space science and applications, aeronautical research and technology, and space research and technology programs;

"(4) balanced programs of space science and applications, aeronautical research and technology, and space research and technology should include initiatives designed to foster competitive research capacity in all geographic areas of the Nation; and

"(5) by strengthening the competitive research capacity in those geographic areas of the Nation which are not currently fully competitive, the education and training of scientists and engineers important to the future of the United States civil space and aviation programs will be fostered.

"SEC. 303. POLICY.

"It is the policy of the United States that—

"(1) the Administrator [of the National Aeronautics and Space Administration], in planning for national programs in space science and applications, aeronautical research, space flight, and exploration, should ensure the resilience of the space and aeronautics research infrastructure;

"(2) a stable and balanced program of space science and applications, aeronautical research and technology, and space research and technology should include programs to assure that geographic areas of the United States that currently do not successfully participate in competitive space and aeronautical research activities are enabled to become more competitive; and

"(3) programs to improve competitive capabilities should be a part of the research and the educational activities of the National Aeronautics and Space Administration."
51 U.S.C. § 70501 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 705 / Section 70501: Space shuttle follow-on
Space shuttle follow-on
Status: in_force

(a) Policy Statement.—In order to ensure continuous United States participation and leadership in the exploration and utilization of space and as an essential instrument of national security, it is the policy of the United States to maintain an uninterrupted capability for human space flight and operations—

(1) in low-Earth orbit; and

(2) beyond low-Earth orbit once the capabilities described in section 421(f) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 become available.

(b) Annual Report.—The Administrator shall transmit an annual report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives describing the progress being made toward developing the Space Launch System and Orion and the estimated time before they will demonstrate crewed, orbital spaceflight.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3430; Pub. L. 115–10, title IV, §417, Mar. 21, 2017, 131 Stat. 35.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70501(a)
42 U.S.C. 16761(a).
Pub. L. 109–155, title V, §501(a), (b), Dec. 30, 2005, 119 Stat. 2927.

70501(b)
42 U.S.C. 16761(b).

In subsection (b), the words "The Administrator shall transmit an annual report" are substituted for "Not later than 180 days after the date of enactment of this Act [December 30, 2005] and annually thereafter, the Administrator shall transmit a report" to eliminate obsolete language.

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

Editorial Notes

References in Text

Section 421(f) of the National Aeronautics and Space Administration Transition Authorization Act of 2017, referred to in subsec. (a)(2), is section 421(f) of Pub. L. 115–10, which is set out as a note under section 20301 of this title.

Amendments

2017—Subsec. (a). Pub. L. 115–10, §417(1), amended subsec. (a) generally. Prior to amendment, text read as follows: "It is the policy of the United States to possess the capability for human access to space on a continuous basis."

Subsec. (b). Pub. L. 115–10, §417(2), substituted "Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives describing the progress being made toward developing the Space Launch System and Orion" for "Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the progress being made toward developing the Crew Exploration Vehicle and the Crew Launch Vehicle".

Statutory Notes and Related Subsidiaries

Change of Name

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

Transition

Pub. L. 110–422, title VI, §613, Oct. 15, 2008, 122 Stat. 4799, provided that:

"(a) Disposition of Shuttle-Related Assets.—

"(1) In general.—Not later than 90 days after the date of enactment of this Act [Oct. 15, 2008], the Administrator [of NASA] shall submit to Congress a plan describing the process for the disposition of the remaining Space Shuttle Orbiters and other Space Shuttle program-related hardware after the retirement of the Space Shuttle fleet.

"(2) Plan requirements.—The plan submitted under paragraph (1) shall include a description of a process by which educational institutions, science museums, and other appropriate organizations may acquire, through loan or disposal by the Federal Government, Space Shuttle program hardware.

"(3) Prohibition on disposition before completion of plan.—The Administrator shall not dispose of any Space Shuttle program hardware before the plan required by paragraph (1) is submitted to Congress.

"(b) Space Shuttle Transition Liaison Office.—

"(1) Establishment.—The Administrator shall develop a plan and establish a Space Shuttle Transition Liaison Office within the Office of Human Capital Management of NASA [National Aeronautics and Space Administration] to assist local communities affected by the termination of the Space Shuttle program in mitigating the negative impacts on such communities caused by such termination. The plan shall define the size of the affected local community that would receive assistance described in paragraph (2).

"(2) Manner of assistance.—In providing assistance under paragraph (1), the office established under such paragraph shall—

"(A) offer nonfinancial, technical assistance to communities described in such paragraph to assist in the mitigation described in such paragraph; and

"(B) serve as a clearinghouse to assist such communities in identifying services available from other Federal, State, and local agencies to assist in such mitigation.

"(3) Termination of office.—The office established under paragraph (1) shall terminate 2 years after the completion of the last Space Shuttle flight.

"(4) Submission.—Not later than 180 days after the date of enactment of this Act [Oct. 15, 2008], NASA shall provide a copy of the plan required by paragraph (1) to the Congress."

Pub. L. 110–161, div. B, title III, Dec. 26, 2007, 121 Stat. 1919, provided that: "The Administrator of the National Aeronautics and Space Administration shall prepare a strategy for minimizing job losses when the National Aeronautics and Space Administration transitions from the Space Shuttle to a successor human-rated space transport vehicle. This strategy shall include: (1) specific initiatives that the National Aeronautics and Space Administration has undertaken, or plans to undertake, to maximize the utilization of existing civil service and contractor workforces at each of the affected Centers; (2) efforts to equitably distribute tasks and workload between the Centers to mitigate the brunt of job losses being borne by only certain Centers; (3) new workload, tasks, initiatives, and missions being secured for the affected Centers; and (4) overall projections of future civil service and contractor workforce levels at the affected Centers. The Administrator shall transmit this strategy to Congress not later than 90 days after the date of enactment of this Act [Dec. 26, 2007]. The Administrator shall update and transmit to Congress this strategy not less than every six months thereafter until the successor human-rated space transport vehicle is fully operational."

Pub. L. 109–155, title V, §502, Dec. 30, 2005, 119 Stat. 2928, provided that:

"(a) In General.—The Administrator [of the National Aeronautics and Space Administration] shall, to the fullest extent possible consistent with a successful development program, use the personnel, capabilities, assets, and infrastructure of the Space Shuttle program in developing the Crew Exploration Vehicle, Crew Launch Vehicle, and a heavy-lift launch vehicle.

"(b) Plan.—Not later than 180 days after the date of enactment of this Act [Dec. 30, 2005], the Administrator shall transmit to the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan describing how NASA [National Aeronautics and Space Administration] will proceed with its human space flight programs, which, at a minimum, shall describe—

"(1) how NASA will deploy personnel from, and use the facilities of, the Space Shuttle program to ensure that the Space Shuttle operates as safely as possible through its final flight and to ensure that personnel and facilities from the Space Shuttle program are used in NASA's exploration programs in accordance with subsection (a);

"(2) the planned number of flights the Space Shuttle will make before its retirement;

"(3) the means, other than the Space Shuttle and the Crew Exploration Vehicle, including commercial vehicles, that may be used to ferry crew and cargo to and from the ISS [International Space Station];

"(4) the intended purpose of lunar missions and the architecture for those missions; and

"(5) the extent to which the Crew Exploration Vehicle will allow for the escape of the crew in an emergency.

"(c) Personnel.—The Administrator shall consult with other appropriate Federal agencies and with NASA contractors and employees to develop a transition plan for any Federal and contractor personnel engaged in the Space Shuttle program who can no longer be retained because of the retirement of the Space Shuttle. The plan shall include actions to assist Federal and contractor personnel in taking advantage of training, retraining, job placement and relocation programs, and any other actions that NASA will take to assist the employees. The plan shall also describe how the Administrator will ensure that NASA and its contractors will have an appropriate complement of employees to allow for the safest possible use of the Space Shuttle through its final flight. The Administrator shall transmit the plan to the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than March 31, 2006."
51 U.S.C. § 71101 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 711 / Section 71101: Reaffirmation of policy
Reaffirmation of policy
Status: in_force

Congress reaffirms the policy set forth in section 20102(g) of this title (relating to surveying near-Earth asteroids and comets).

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3439.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

71101
42 U.S.C. 17791(a).
Pub. L. 110–422, title VIII, §801(a), Oct. 15, 2008, 122 Stat. 4803.

Statutory Notes and Related Subsidiaries

Findings

Pub. L. 110–422, title VIII, §802, Oct. 15, 2008, 122 Stat. 4803, provided that: "Congress makes the following findings:

"(1) Near-Earth objects pose a serious and credible threat to humankind, as many scientists believe that a major asteroid or comet was responsible for the mass extinction of the majority of the Earth's species, including the dinosaurs, nearly 65,000,000 years ago.

"(2) Several such near-Earth objects have only been discovered within days of the objects' closest approach to Earth and recent discoveries of such large objects indicate that many large near-Earth objects remain undiscovered.

"(3) Asteroid and comet collisions rank as one of the most costly natural disasters that can occur.

"(4) The time needed to eliminate or mitigate the threat of a collision of a potentially hazardous near-Earth object with Earth is measured in decades.

"(5) Unlike earthquakes and hurricanes, asteroids and comets can provide adequate collision information, enabling the United States to include both asteroid-collision and comet-collision disaster recovery and disaster avoidance in its public-safety structure.

"(6) Basic information is needed for technical and policy decisionmaking for the United States to create a comprehensive program in order to be ready to eliminate and mitigate the serious and credible threats to humankind posed by potentially hazardous near-Earth asteroids and comets.

"(7) As a first step to eliminate and to mitigate the risk of such collisions, situation and decision analysis processes, as well as procedures and system resources, must be in place well before a collision threat becomes known."
51 U.S.C. § 50905 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 509 / Section 50905: License applications and requirements
License applications and requirements
Status: in_force

(a) Applications.—(1) A person may apply to the Secretary of Transportation for a license or transfer of a license under this chapter in the form and way the Secretary prescribes. Consistent with the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 180 days after accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D),1 shall issue or transfer a license if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 120 days after accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D).1 The Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 30 days after any occurrence when the Secretary has not taken action on a license application within the deadline established by this subsection.

(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel (including approval procedures for the purpose of protecting the health and safety of crew, government astronauts, and space flight participants, to the extent permitted by subsections (b) and (c)) that may be used in conducting licensed commercial space launch or reentry activities.

(b) Requirements.—(1) Except as provided in this subsection, all requirements of the laws of the United States applicable to the launch of a launch vehicle or the operation of a launch site or a reentry site, or the reentry of a reentry vehicle, are requirements for a license or permit under this chapter.

(2) The Secretary may prescribe—

(A) any term necessary to ensure compliance with this chapter, including on-site verification that a launch, operation, or reentry complies with representations stated in the application;

(B) any additional requirement necessary to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States;

(C) by regulation that a requirement of a law of the United States not be a requirement for a license or permit if the Secretary, after consulting with the head of the appropriate executive agency, decides that the requirement is not necessary to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;

(D) additional license requirements, for a launch vehicle carrying a human being for compensation or hire, necessary to protect the health and safety of crew, government astronauts, or space flight participants, only if such requirements are imposed pursuant to final regulations issued in accordance with subsection (c); and

(E) regulations establishing criteria for accepting or rejecting an application for a license or permit under this chapter within 60 days after receipt of such application.

(3) The Secretary may waive a requirement, including the requirement to obtain a license, for an individual applicant if the Secretary decides that the waiver is in the public interest and will not jeopardize the public health and safety, safety of property, and national security and foreign policy interests of the United States. The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.

(4) The holder of a license or a permit under this chapter may launch or reenter crew only if—

(A) the crew has received training and has satisfied medical or other standards specified in the license or permit in accordance with regulations promulgated by the Secretary;

(B) the holder of the license or permit has informed any individual serving as crew in writing, prior to executing any contract or other arrangement to employ that individual (or, in the case of an individual already employed as of the date of enactment of the Commercial Space Launch Amendments Act of 2004, as early as possible, but in any event prior to any launch in which the individual will participate as crew), that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants; and

(C) the holder of the license or permit and crew have complied with all requirements of the laws of the United States that apply to crew.

(5) The holder of a license or a permit under this chapter may launch or reenter a space flight participant only if—

(A) in accordance with regulations promulgated by the Secretary, the holder of the license or permit has informed the space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type, and the Secretary has informed the space flight participant in writing of any relevant information related to risk or probable loss during each phase of flight gathered by the Secretary in making the determination required by section 50914(a)(2) and (c);

(B) the holder of the license or permit has informed any space flight participant in writing, prior to receiving any compensation from that space flight participant or (in the case of a space flight participant not providing compensation) otherwise concluding any agreement to fly that space flight participant, that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants;

(C) in accordance with regulations promulgated by the Secretary, the space flight participant has provided written informed consent to participate in the launch and reentry and written certification of compliance with any regulations promulgated under paragraph (6)(A); and

(D) the holder of the license or permit has complied with any regulations promulgated by the Secretary pursuant to paragraph (6).

(6)(A) The Secretary may issue regulations requiring space flight participants to undergo an appropriate physical examination prior to a launch or reentry under this chapter. This subparagraph shall cease to be in effect three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004.

(B) The Secretary may issue additional regulations setting reasonable requirements for space flight participants, including medical and training requirements. Such regulations shall not be effective before the expiration of 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004.

(c) Safety Regulations.—

(1) In general.—The Secretary may issue regulations governing the design or operation of a launch vehicle to protect the health and safety of crew, government astronauts, and space flight participants.

(2) Regulations.—Regulations issued under this subsection shall—

(A) describe how such regulations would be applied when the Secretary is determining whether to issue a license under this chapter;

(B) apply only to launches in which a vehicle will be carrying a human being for compensation or hire;

(C) be limited to restricting or prohibiting design features or operating practices that—

(i) have resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew, government astronauts, or space flight participants during a licensed or permitted commercial human space flight; or

(ii) contributed to an unplanned event or series of events during a licensed or permitted commercial human space flight that posed a high risk of causing a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew, government astronauts, or space flight participants; and

(D) be issued with a description of the instance or instances when the design feature or operating practice being restricted or prohibited contributed to a result or event described in subparagraph (C).

(3) Facilitation of standards.—The Secretary shall continue to work with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, to facilitate the development of voluntary industry consensus standards based on recommended best practices to improve the safety of crew, government astronauts, and space flight participants as the commercial space sector continues to mature.

(4) Communication and transparency.—Nothing in this subsection shall be construed to limit the authority of the Secretary to discuss potential regulatory approaches, potential performance standards, or any other topic related to this subsection with the commercial space industry, including observations, findings, and recommendations from the Commercial Space Transportation Advisory Committee, or its successor organization, prior to the issuance of a notice of proposed rulemaking. Such discussions shall not be construed to permit the Secretary to promulgate industry regulations except as otherwise provided in this section.

(5) Interim voluntary industry consensus standards reports.—

(A) In general.—Not later than December 31, 2016, and every 30 months thereafter until December 31, 2021, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the progress of the commercial space transportation industry in developing voluntary industry consensus standards that promote best practices to improve industry safety.

(B) Contents.—The report shall include, at a minimum—

(i) any voluntary industry consensus standards that have been accepted by the industry at large;

(ii) the identification of areas that have the potential to become voluntary industry consensus standards that are currently under consideration by the industry at large;

(iii) an assessment from the Secretary on the general progress of the industry in adopting voluntary industry consensus standards;

(iv) any lessons learned about voluntary industry consensus standards, best practices, and commercial space launch operations;

(v) any lessons learned associated with the development, potential application, and acceptance of voluntary industry consensus standards, best practices, and commercial space launch operations; and

(vi) recommendations, findings, or observations from the Commercial Space Transportation Advisory Committee, or its successor organization, on the progress of the industry in developing voluntary industry consensus standards that promote best practices to improve industry safety.

(6) Report.—Not later than 270 days after the date of enactment of the SPACE Act of 2015, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report specifying key industry metrics that might indicate readiness of the commercial space sector and the Department of Transportation to transition to a safety framework that may include regulations under paragraph (9) that considers space flight participant, government astronaut, and crew safety.

(7) Reports.—Not later than March 31 of each of 2018 and 2022, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that identifies the activities, described in this subsection and subsection (d) most appropriate for a new safety framework that may include regulatory action, if any, and a proposed transition plan for such safety framework.

(8) Independent review.—Not later than December 31, 2022, an independent systems engineering and technical assistance organization or standards development organization contracted by the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives an assessment of the readiness of the commercial space industry and the Federal Government to transition to a safety framework that may include regulations. As part of the review, the contracted organization shall evaluate—

(A) the progress of the commercial space industry in adopting voluntary industry consensus standards as reported by the Secretary in the interim assessments included in the reports under paragraph (5);

(B) the progress of the commercial space industry toward meeting the key industry metrics identified by the report under paragraph (6), including the knowledge and operational experience obtained by the commercial space industry while providing services for compensation or hire; and

(C) whether the areas identified in the reports under paragraph (5) are appropriate for regulatory action, or further development of voluntary industry consensus standards, considering the progress evaluated in subparagraphs (A) and (B) of this paragraph.

(9) Learning period.—Beginning on January 1, 2028, the Secretary may propose regulations under this subsection without regard to subparagraphs (C) and (D) of paragraph (2). The development of any such regulations shall take into consideration the evolving standards of the commercial space flight industry as identified in the reports published under paragraphs (5), (6), and (7).

(10) Rule of construction.—Nothing in this subsection shall be construed to limit the authority of the Secretary to issue requirements or regulations to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States.

(d) Procedures and Timetables.—The Secretary shall establish procedures and timetables that expedite review of a license or permit application and reduce the regulatory burden for an applicant.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1333, §70105 of title 49; Pub. L. 105–303, title I, §102(a)(6), Oct. 28, 1998, 112 Stat. 2848; Pub. L. 108–492, §2(c)(6)–(15), Dec. 23, 2004, 118 Stat. 3976–3979; renumbered §70105 then §50905 of title 51 and amended Pub. L. 111–314, §4(d)(2), (3)(E), (5)(F), Dec. 18, 2010, 124 Stat. 3440, 3441; Pub. L. 112–95, title VIII, §827, Feb. 14, 2012, 126 Stat. 133; Pub. L. 114–55, title I, §102(e), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–90, title I, §§111, 112(l), Nov. 25, 2015, 129 Stat. 709, 713; Pub. L. 118–15, div. B, title II, §2202(k), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(k), Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, §102(k), Mar. 8, 2024, 138 Stat. 22; Pub. L. 118–63, title XI, §1111, May 16, 2024, 138 Stat. 1419; Pub. L. 118–159, div. E, title LVII, §5702(1), Dec. 23, 2024, 138 Stat. 2461.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70105(a)
49 App.:2606 (1st sentence).
Oct. 30, 1984, Pub. L. 98–575, §§7 (1st sentence), 8, 9(a), (b), 98 Stat. 3058.

  
49 App.:2608(a) (1st sentence), (b) (1st, 3d, last sentences).

70105(b)(1)
49 App.:2607(a)(1).

70105(b) (2)(A)
49 App.:2608(b) (2d sentence).

70105(b) (2)(B)
49 App.:2607(b).

70105(b) (2)(C)
49 App.:2607(a)(2).

70105(b)(3)
49 App.:2607(c).

70105(c)
49 App.:2608(a) (last sentence).

In subsection (a), the words "for launching one or more launch vehicles or for operating one or more launch sites, or both" in 49 App.:2606 are omitted as surplus.

In subsection (b)(2)(C), the words "that would otherwise apply to the launch of a launch vehicle or the operation of a launch site" are omitted as surplus. The words "the head of" are added for consistency in the revised title and with other titles of the United States Code.

Editorial Notes

References in Text

Subsection (b)(2)(D), referred to in subsec. (a)(1), was redesignated subsection (b)(2)(E) by Pub. L. 108–492, §2(c)(10), Dec. 23, 2004, 118 Stat. 3977.

The date of enactment of the Commercial Space Launch Amendments Act of 2004, referred to in subsec. (b)(4)(B), (6), is the date of enactment of Pub. L. 108–492, which was approved Dec. 23, 2004.

The date of enactment of the SPACE Act of 2015, referred to in subsec. (c)(6), is the date of enactment of title I of Pub. L. 114–90, which was approved Nov. 25, 2015.

Amendments

2024—Subsec. (c)(9). Pub. L. 118–159 substituted "January 1, 2028" for "January 1, 2025".

Pub. L. 118–63 substituted "January 1, 2025" for "May 11, 2024".

Pub. L. 118–41 substituted "May 11, 2024" for "March 9, 2024".

2023—Subsec. (c)(9). Pub. L. 118–34 substituted "March 9, 2024" for "January 1, 2024".

Pub. L. 118–15 substituted "January 1, 2024" for "October 1, 2023".

2015—Subsec. (a)(2). Pub. L. 114–90, §112(l)(1), substituted "crew, government astronauts, and space flight participants" for "crews and space flight participants".

Subsec. (b)(2)(D). Pub. L. 114–90, §112(l)(2), substituted "crew, government astronauts, or space flight participants" for "crew or space flight participants".

Subsec. (c)(1). Pub. L. 114–90, §§111(1), 112(l)(3)(A), inserted "In general.—" before "The Secretary" and substituted "crew, government astronauts, and space flight participants" for "crew and space flight participants".

Subsec. (c)(2). Pub. L. 114–90, §111(2), inserted "Regulations.—" before "Regulations" in introductory provisions.

Subsec. (c)(2)(C). Pub. L. 114–90, §112(l)(3)(B), substituted "to crew, government astronauts, or space flight participants" for "to crew or space flight participants" in cls. (i) and (ii).

Subsec. (c)(3). Pub. L. 114–90, §111(3), (5), added par. (3) and struck out former par. (3) which read as follows: "Beginning on April 1, 2016, the Secretary may propose regulations under this subsection without regard to paragraph (2)(C) and (D). Any such regulations shall take into consideration the evolving standards of safety in the commercial space flight industry."

Pub. L. 114–55 substituted "April 1, 2016," for "October 1, 2015,".

Subsec. (c)(4). Pub. L. 114–90, §111(5), added par. (4). Former par. (4) redesignated (10).

Subsec. (c)(5) to (9). Pub. L. 114–90, §111(5), added pars. (5) to (9).

Subsec. (c)(10). Pub. L. 114–90, §111(4), (6), redesignated par. (4) as (10) and inserted "Rule of construction.—" before "Nothing".

2012—Subsec. (c)(3). Pub. L. 112–95 substituted "Beginning on October 1, 2015," for "Beginning 8 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004,".

2010—Pub. L. 111–314, §4(d)(2), (3)(E), successively renumbered section 70105 of title 49 and section 70105 of this title as this section.

Subsec. (b)(5)(A). Pub. L. 111–314, §4(d)(5)(F), substituted "section 50914(a)(2) and (c)" for "section 70112(a)(2) and (c)".

2004—Subsec. (a)(1). Pub. L. 108–492, §2(c)(6)(A), substituted "the Secretary has not taken action on a license application" for "a license is not issued".

Subsec. (a)(2). Pub. L. 108–492, §2(c)(6)(B), inserted "(including approval procedures for the purpose of protecting the health and safety of crews and space flight participants, to the extent permitted by subsections (b) and (c))" after "or personnel".

Subsec. (b)(1). Pub. L. 108–492, §2(c)(7), inserted "or permit" after "for a license".

Subsec. (b)(2)(B). Pub. L. 108–492, §2(c)(8), substituted "any" for "an".

Subsec. (b)(2)(C). Pub. L. 108–492, §2(c)(9), inserted "or permit" after "for a license" and struck out "and" at end.

Subsec. (b)(2)(D). Pub. L. 108–492, §2(c)(10), added subpar. (D). Former subpar. (D) redesignated (E).

Subsec. (b)(2)(E). Pub. L. 108–492, §2(c)(10), (11), redesignated subpar. (D) as (E) and inserted "or permit" after "for a license".

Subsec. (b)(3). Pub. L. 108–492, §2(c)(12), inserted at end "The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board."

Subsec. (b)(4) to (6). Pub. L. 108–492, §2(c)(13), added pars. (4) to (6).

Subsec. (c). Pub. L. 108–492, §2(c)(14), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 108–492, §2(c)(14), (15), redesignated subsec. (c) as (d) and inserted "or permit" after "of a license".

1998—Subsec. (a). Pub. L. 105–303, §102(a)(6)(B), substituted "accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D)" for "receiving an application" in two places.

Pub. L. 105–303, §102(a)(6)(A), (C), designated existing provisions as par. (1), inserted "The Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 30 days after any occurrence when a license is not issued within the deadline established by this subsection." at end of par. (1), and added par. (2).

Subsec. (b)(1). Pub. L. 105–303, §102(a)(6)(D), inserted "or a reentry site, or the reentry of a reentry vehicle," after "operation of a launch site".

Subsec. (b)(2)(A). Pub. L. 105–303, §102(a)(6)(E), substituted ", operation, or reentry" for "or operation".

Subsec. (b)(2)(D). Pub. L. 105–303, §102(a)(6)(F)–(H), added subpar. (D).

Subsec. (b)(3). Pub. L. 105–303, §102(a)(6)(I), inserted ", including the requirement to obtain a license," after "waive a requirement".

Statutory Notes and Related Subsidiaries

Change of Name

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

1 See References in Text note below.
51 U.S.C. § 50920 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 509 / Section 50920: User fees
User fees
Status: in_force

The Secretary of Transportation may collect a user fee for a regulatory or other service conducted under this chapter only if specifically authorized by this chapter.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1342, §70118 of title 49; renumbered §70118 then §50920 of title 51, Pub. L. 111–314, §4(d)(2), (3)(T), Dec. 18, 2010, 124 Stat. 3440, 3441.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70118
49 App.:2623 (last sentence).
Oct. 30, 1984, Pub. L. 98–575, §24 (last sentence), 98 Stat. 3064; Dec. 5, 1985, Pub. L. 99–170, §301, 99 Stat. 1018; Oct. 30, 1987, Pub. L. 100–147, §120, 101 Stat. 868; Nov. 17, 1988, Pub. L. 100–685, §213, 102 Stat. 4093; Nov. 16, 1990, Pub. L. 101–611, §117(a), 104 Stat. 3202; restated Dec. 9, 1991, Pub. L. 102–195, §13, 105 Stat. 1613; Nov. 4, 1992, Pub. L. 102–588, §211, 106 Stat. 5115.

Editorial Notes

Amendments

2010—Pub. L. 111–314 successively renumbered section 70118 of title 49 and section 70118 of this title as this section.
51 U.S.C. § 70103 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 701 / Section 70103: Commercial payloads on space launch system
Commercial payloads on space launch system
Status: in_force

(a) Definitions.—In this section:

(1) Launch vehicle.—The term "launch vehicle" means any vehicle constructed for the purpose of operating in, or placing a payload in, outer space.

(2) Payload.—The term "payload" means an object which a person undertakes to place in outer space by means of a launch vehicle, and includes subcomponents of the launch vehicle specifically designed or adapted for that object.

(b) In General.—Commercial payloads may not be accepted for launch as primary payloads on the space launch system unless the Administrator determines that—

(1) the payload requires the unique capabilities of the space launch system; or

(2) launching of the payload on the space launch system is important for either national security or foreign policy purposes.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3428; Pub. L. 114–90, title I, §117(a)(4), Nov. 25, 2015, 129 Stat. 718.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70103(a)
42 U.S.C. 2465c.
Pub. L. 101–611, title II, §203, Nov. 16, 1990, 104 Stat. 3206; Pub. L. 105–303, title II, §203(2), Oct. 28, 1998, 112 Stat. 2855.

70103(b)
42 U.S.C. 2465f.
Pub. L. 101–611, title II, §206, Nov. 16, 1990, 104 Stat. 3207; Pub. L. 105–303, title II, §203(4), Oct. 28, 1998, 112 Stat. 2855.

In subsection (a), the words "this section" are substituted for "this title", meaning title II of Public Law 101–611, because title II of Public Law 101–611 was previously repealed except for section 201 (a short title provision, classified to 42 U.S.C. 2451 note, in which neither defined term appears) and sections 203 (42 U.S.C. 2465c) and 206 (42 U.S.C. 2465f) of Public Law 101–611, which are restated in this section.

Editorial Notes

Amendments

2015—Pub. L. 114–90 substituted "space launch system" for "space shuttle" in section catchline and wherever appearing in text.
51 U.S.C. § 50903 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 509 / Section 50903: General authority
General authority
Status: in_force

(a) General.—The Secretary of Transportation shall carry out this chapter.

(b) Facilitating Commercial Launches and Reentries.—In carrying out this chapter, the Secretary shall—

(1) encourage, facilitate, and promote commercial space launches and reentries by the private sector, including those involving space flight participants; and

(2) take actions to facilitate private sector involvement in commercial space transportation activity, and to promote public-private partnerships involving the United States Government, State governments, and the private sector to build, expand, modernize, or operate a space launch and reentry infrastructure.

(c) Safety.—In carrying out the responsibilities under subsection (b), the Secretary shall encourage, facilitate, and promote the continuous improvement of the safety of launch vehicles designed to carry humans, and the Secretary may, consistent with this chapter, promulgate regulations to carry out this subsection.

(d) Executive Agency Assistance.—When necessary, the head of an executive agency shall assist the Secretary in carrying out this chapter.

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

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70103(a)
49 App.:2604(a) (1st–10th words).
Oct. 30, 1984, Pub. L. 98–575, §5(a) (1st–10th words, (b)), 98 Stat. 3057.

70103(b)
49 App.:2604(a) (11th–15th words, cls. (1), (3)).
Oct. 30, 1984, Pub. L. 98–575, §5(a) (11th–15th words, cls. (1), (3)), 98 Stat. 3057; Nov. 16, 1990, Pub. L. 101–611, §117(e)(1), (3), 104 Stat. 3203.

70103(c)
49 App.:2604(b).

In subsection (a), the words "be responsible for" are omitted as surplus.

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

Editorial Notes

Amendments

2010—Pub. L. 111–314 successively renumbered section 70103 of title 49 and section 70103 of this title as this section.

2004—Subsec. (b)(1). Pub. L. 108–492, §2(c)(1), inserted ", including those involving space flight participants" after "private sector".

Subsecs. (c), (d). Pub. L. 108–492, §2(c)(2), added subsec. (c) and redesignated former subsec. (c) as (d).

1998—Subsec. (b). Pub. L. 105–303, §102(a)(4)(A), inserted "and Reentries" after "Launches" in heading.

Subsec. (b)(1). Pub. L. 105–303, §102(a)(4)(B), inserted "and reentries" after "commercial space launches".

Subsec. (b)(2). Pub. L. 105–303, §102(a)(4)(C), inserted "and reentry" after "space launch".

Statutory Notes and Related Subsidiaries

Launch Services Strategy

Pub. L. 110–422, title VI, §621, Oct. 15, 2008, 122 Stat. 4801, provided that:

"(a) In General.—In preparation for the award of contracts to follow up on the current NASA [National Aeronautics and Space Administration] Launch Services (NLS) contracts, the Administrator shall develop a strategy for providing domestic commercial launch services in support of NASA's small and medium-sized Science, Space Operations, and Exploration missions, consistent with current law and policy.

"(b) Report.—The Administrator [of NASA] shall transmit a report to the Committee on Science and Technology [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the strategy developed under subsection (a) not later than 90 days after the date of enactment of this Act [Oct. 15, 2008]. The report shall provide, at a minimum—

"(1) the results of the Request for Information on small to medium-sized launch services released on April 22, 2008;

"(2) an analysis of possible alternatives to maintain small and medium-sized lift capabilities after June 30, 2010, including the use of the Department of Defense's Evolved Expendable Launch Vehicle (EELV);

"(3) the recommended alternatives, and associated 5-year budget plans starting in October 2010 that would enable their implementation; and

"(4) a contingency plan in the event the recommended alternatives described in paragraph (3) are not available when needed."

Executive Documents

Ex. Ord. No. 12465. Coordination and Encouragement of Commercial Expendable Launch Vehicle Activities

Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, provided:

By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to encourage, facilitate and coordinate the development of commercial expendable launch vehicle (ELV) operations by private United States enterprises, it is hereby ordered as follows:

Section 1. The Department of Transportation is designated as the lead agency within the Federal government for encouraging and facilitating commercial ELV activities by the United States private sector.

Sec. 2. Responsibilities of Lead Agency. The Secretary of Transportation shall, to the extent permitted by law and subject to the availability of appropriations, perform the following functions:

(a) act as a focal point within the Federal government for private sector space launch contacts related to commercial ELV operations;

(b) promote and encourage commercial ELV operations in the same manner that other private United States commercial enterprises are promoted by United States agencies;

(c) provide leadership in the establishment, within affected departments and agencies, of procedures that expedite the processing of private sector requests to obtain licenses necessary for commercial ELV launches and the establishment and operation of commercial launch ranges;

(d) consult with other affected agencies to promote consistent application of ELV licensing requirements for the private sector and assure fair and equitable treatment for all private sector applicants;

(e) serve as a single point of contact for collection and dissemination of documentation related to commercial ELV licensing applications;

(f) make recommendations to affected agencies and, as appropriate, to the President, concerning administrative measures to streamline Federal government procedures for licensing of commercial ELV activities;

(g) identify Federal statutes, treaties, regulations and policies which may have an adverse impact on ELV commercialization efforts and recommend appropriate changes to affected agencies and, as appropriate, to the President; and

(h) conduct appropriate planning regarding long-term effects of Federal activities related to ELV commercialization.

Sec. 3. An interagency group, chaired by the Secretary of Transportation and composed of representatives from the Department of State, the Department of Defense, the Department of Commerce, the Federal Communications Commission, and the National Aeronautics and Space Administration, is hereby established. This group shall meet at the call of the Chair and shall advise and assist the Department of Transportation in performing its responsibilities under this Order.

Sec. 4. Responsibilities of Other Agencies. All executive departments and agencies shall assist the Secretary of Transportation in carrying out this Order. To the extent permitted by law and in consultation with the Secretary of Transportation, they shall:

(a) provide the Secretary of Transportation with information concerning agency regulatory actions which may affect development of commercial ELV operations;

(b) review and revise their regulations and procedures to eliminate unnecessary regulatory obstacles to the development of commercial ELV operations and to ensure that those regulations and procedures found essential are administered as efficiently as possible; and

(c) establish timetables for the expeditious handling of and response to applications for licenses and approvals for commercial ELV activities.

Sec. 5. The powers granted to the Secretary of Transportation to encourage, facilitate and coordinate the overall ELV commercialization process shall not diminish or abrogate any statutory or operational authority exercised by any other Federal agency.

Sec. 6. Nothing contained in this Order or in any procedures promulgated hereunder shall confer any substantive or procedural right or privilege on any person or organization, enforceable against the United States, its agencies, its officers or any person.

Sec. 7. This Order shall be effective immediately.

Ronald Reagan.
51 U.S.C. § 50901 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 509 / Section 50901: Findings and purposes
Findings and purposes
Status: in_force

(a) Findings.—Congress finds that—

(1) the peaceful uses of outer space continue to be of great value and to offer benefits to all mankind;

(2) private applications of space technology have achieved a significant level of commercial and economic activity and offer the potential for growth in the future, particularly in the United States;

(3) new and innovative equipment and services are being sought, produced, and offered by entrepreneurs in telecommunications, information services, microgravity research, human space flight, and remote sensing technologies;

(4) the private sector in the United States has the capability of developing and providing private launching, reentry, and associated services that would complement the launching, reentry, and associated capabilities of the United States Government;

(5) the development of commercial launch vehicles, reentry vehicles, and associated services would enable the United States to retain its competitive position internationally, contributing to the national interest and economic well-being of the United States;

(6) providing launch services and reentry services by the private sector is consistent with the national security and foreign policy interests of the United States and would be facilitated by stable, minimal, and appropriate regulatory guidelines that are fairly and expeditiously applied;

(7) the United States should encourage private sector launches, reentries, and associated services and, only to the extent necessary, regulate those launches, reentries, and services to ensure compliance with international obligations of the United States and to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;

(8) space transportation, including the establishment and operation of launch sites, reentry sites, and complementary facilities, the providing of launch services and reentry services, the establishment of support facilities, and the providing of support services, is an important element of the transportation system of the United States, and in connection with the commerce of the United States there is a need to develop a strong space transportation infrastructure with significant private sector involvement;

(9) the participation of State governments in encouraging and facilitating private sector involvement in space-related activity, particularly through the establishment of a space transportation-related infrastructure, including launch sites, reentry sites, complementary facilities, and launch site and reentry site support facilities, is in the national interest and is of significant public benefit;

(10) the goal of safely opening space to the American people and their private commercial, scientific, and cultural enterprises should guide Federal space investments, policies, and regulations;

(11) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space and greater private investment in these efforts will stimulate the Nation's commercial space transportation industry as a whole;

(12) space transportation is inherently risky, and the future of the commercial human space flight industry will depend on its ability to continually improve its safety performance;

(13) a critical area of responsibility for the Department of Transportation is to regulate the operations and safety of the emerging commercial human space flight industry;

(14) the public interest is served by creating a clear legal, regulatory, and safety regime for commercial human space flight; and

(15) the regulatory standards governing human space flight must evolve as the industry matures so that regulations neither stifle technology development nor expose crew, government astronauts, or space flight participants to avoidable risks as the public comes to expect greater safety for crew, government astronauts, and space flight participants from the industry.

(b) Purposes.—The purposes of this chapter are—

(1) to promote economic growth and entrepreneurial activity through use of the space environment for peaceful purposes;

(2) to encourage the United States private sector to provide launch vehicles, reentry vehicles, and associated services by—

(A) simplifying and expediting the issuance and transfer of commercial licenses;

(B) facilitating and encouraging the use of Government-developed space technology; and

(C) promoting the continuous improvement of the safety of launch vehicles designed to carry humans, including through the issuance of regulations, to the extent permitted by this chapter;

(3) to provide that the Secretary of Transportation is to oversee and coordinate the conduct of commercial launch and reentry operations, issue permits and commercial licenses and transfer commercial licenses authorizing those operations, and protect the public health and safety, safety of property, and national security and foreign policy interests of the United States; and

(4) to facilitate the strengthening and expansion of the United States space transportation infrastructure, including the enhancement of United States launch sites and launch-site support facilities, and development of reentry sites, with Government, State, and private sector involvement, to support the full range of United States space-related activities.

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

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70101(a)
49 App.:2601.
Oct. 30, 1984, Pub. L. 98–575, §§2, 3, 98 Stat. 3055; Nov. 16, 1990, Pub. L. 101–611, §117(c), (d), 104 Stat. 3202.

70101(b)
49 App.:2602.

In subsection (a), before clause (1), the words "and declares" are omitted as surplus.

In subsection (b), before clause (1), the word "therefore" is omitted as surplus.

Editorial Notes

Amendments

2015—Subsec. (a)(15). Pub. L. 114–90, which directed amendment of section "50901(15)" by inserting ", government astronauts," after "crew" wherever appearing, was executed by making the insertion in subsec. (a)(15) in two places, to reflect the probable intent of Congress.

2010—Pub. L. 111–314 successively renumbered section 70101 of title 49 and section 70101 of this title as this section.

2004—Subsec. (a)(3). Pub. L. 108–492, §2(a)(1), inserted "human space flight," after "microgravity research,".

Subsec. (a)(4). Pub. L. 108–492, §2(a)(2), struck out "satellite" after "providing private" and substituted "capabilities of" for "services now available from".

Subsec. (a)(10) to (15). Pub. L. 108–492, §2(a)(3)–(5), added pars. (10) to (15).

Subsec. (b)(2)(C). Pub. L. 108–492, §2(a)(6), added subpar. (C).

Subsec. (b)(3). Pub. L. 108–492, §2(a)(7), substituted "issue permits and commercial licenses and transfer" for "issue and transfer".

1998—Subsec. (a)(3). Pub. L. 105–303, §102(a)(2)(A), inserted "microgravity research," after "information services,".

Subsec. (a)(4). Pub. L. 105–303, §102(a)(2)(B), inserted ", reentry," after "launching" in two places.

Subsec. (a)(5). Pub. L. 105–303, §102(a)(2)(C), inserted ", reentry vehicles," after "launch vehicles".

Subsec. (a)(6). Pub. L. 105–303, §102(a)(2)(D), inserted "and reentry services" after "launch services".

Subsec. (a)(7). Pub. L. 105–303, §102(a)(2)(E), inserted ", reentries," after "launches" in two places.

Subsec. (a)(8). Pub. L. 105–303, §102(a)(2)(F), (G), inserted ", reentry sites," after "launch sites" and "and reentry services" after "launch services".

Subsec. (a)(9). Pub. L. 105–303, §102(a)(2)(H), (I), inserted "reentry sites," after "launch sites," and "and reentry site" after "launch site".

Subsec. (b)(2). Pub. L. 105–303, §102(a)(2)(J), inserted ", reentry vehicles," after "launch vehicles" in introductory provisions.

Subsec. (b)(2)(A). Pub. L. 105–303, §102(a)(2)(K), struck out "launch" before "licenses".

Subsec. (b)(3). Pub. L. 105–303, §102(a)(2)(L), (M), inserted "and reentry" after "conduct of commercial launch" and struck out "launch" before "licenses".

Subsec. (b)(4). Pub. L. 105–303, §102(a)(2)(N), inserted "and development of reentry sites," after "launch-site support facilities,".

Statutory Notes and Related Subsidiaries

Findings

Pub. L. 106–405, §2, Nov. 1, 2000, 114 Stat. 1751, provided that: "The Congress finds that—

"(1) a robust United States space transportation industry is vital to the Nation's economic well-being and national security;

"(2) enactment of a 5-year extension of the excess third party claims payment provision of [former] chapter 701 of title 49, United States Code [now 51 U.S.C. 50901 et seq.] (Commercial Space Launch Activities), will have a beneficial impact on the international competitiveness of the United States space transportation industry;

"(3) space transportation may evolve into airplane-style operations;

"(4) during the next 3 years the Federal Government and the private sector should analyze the liability risk-sharing regime to determine its appropriateness and effectiveness, and, if needed, develop and propose a new regime to Congress at least 2 years prior to the expiration of the extension contained in this Act [see Tables for classification];

"(5) the areas of responsibility of the Office of the Associate Administrator for Commercial Space Transportation have significantly increased as a result of—

"(A) the rapidly expanding commercial space transportation industry and associated government licensing requirements;

"(B) regulatory activity as a result of the emerging commercial reusable launch vehicle industry; and

"(C) the increased regulatory activity associated with commercial operation of launch and reentry sites; and

"(6) the Office of the Associate Administrator for Commercial Space Transportation should continue to limit its promotional activities to those which support its regulatory mission."
51 U.S.C. § 50131 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 501 / Subchapter III / Section 50131: Requirement to procure commercial space transportation services
Requirement to procure commercial space transportation services
Status: in_force

(a) In General.—Except as otherwise provided in this section or in section 70102, the Federal Government shall acquire space transportation services from United States commercial providers whenever such services are required in the course of its activities. To the maximum extent practicable, the Federal Government shall plan missions to accommodate the space transportation services capabilities of United States commercial providers.

(b) Exceptions.—The Federal Government shall not be required to acquire space transportation services under subsection (a) if, on a case-by-case basis, the Administrator or, in the case of a national security issue, the Secretary of the Air Force, determines that—

(1) a payload requires the unique capabilities of the space shuttle;

(2) cost effective space transportation services that meet specific mission requirements would not be reasonably available from United States commercial providers when required;

(3) the use of space transportation services from United States commercial providers poses an unacceptable risk of loss of a unique scientific opportunity;

(4) the use of space transportation services from United States commercial providers is inconsistent with national security objectives;

(5) the use of space transportation services from United States commercial providers is inconsistent with international agreements for international collaborative efforts relating to science and technology;

(6) it is more cost effective to transport a payload in conjunction with a test or demonstration of a space transportation vehicle owned by the Federal Government; or

(7) a payload can make use of the available cargo space on a space shuttle mission as a secondary payload, and such payload is consistent with the requirements of research, development, demonstration, scientific, commercial, and educational programs authorized by the Administrator.

(c) Agreements With Foreign Entities.—Nothing in this section shall prevent the Administrator from planning or negotiating agreements with foreign entities for the launch of Federal Government payloads for international collaborative efforts relating to science and technology.

(d) Delayed Effect.—Subsection (a) shall not apply to space transportation services and space transportation vehicles acquired or owned by the Federal Government before October 28, 1998, or with respect to which a contract for such acquisition or ownership has been entered into before October 28, 1998.

(e) Historical Purposes.—This section shall not be construed to prohibit the Federal Government from acquiring, owning, or maintaining space transportation vehicles solely for historical display purposes.

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

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

50131(a)
42 U.S.C. 14731(a).
Pub. L. 105–303, title II, §201, Oct. 28, 1998, 112 Stat. 2854.

50131(b)
42 U.S.C. 14731(b) (less last sentence).

50131(c)
42 U.S.C. 14731(b) (last sentence).

50131(d)
42 U.S.C. 14731(c).

50131(e)
42 U.S.C. 14731(d).

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

Editorial Notes

Amendments

2015—Subsec. (a). Pub. L. 114–90 inserted "or in section 70102" after "in this section".

Statutory Notes and Related Subsidiaries

NASA Launch Capabilities Collaboration

Pub. L. 115–10, title VIII, §822, Mar. 21, 2017, 131 Stat. 61, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) The Launch Services Program is responsible for the acquisition, management, and technical oversight of commercial launch services for NASA's [National Aeronautics and Space Administration's] science and robotic missions.

"(2) The Commercial Crew Program is responsible for the acquisition, management, and technical oversight of commercial crew transportation systems.

"(3) The Launch Services Program and Commercial Crew Program have worked together to gain exceptional technical insight into the contracted launch service providers that are common to both programs.

"(4) The Launch Services Program has a long history of oversight of 12 different launch vehicles and over 80 launches.

"(5) Co-location of the Launch Services Program and Commercial Crew Program has enabled the Commercial Crew Program to efficiently obtain the launch vehicle technical expertise of and provide engineering and analytical support to the Commercial Crew Program.

"(b) Sense of Congress.—It is the sense of Congress that—

"(1) the Launch Services Program and Commercial Crew Program each benefit from communication and coordination of launch manifests, technical information, and common launch vehicle insight between the programs; and

"(2) such communication and coordination is enabled by the co-location of the programs.

"(c) In General.—The Administrator [of the National Aeronautics and Space Administration] shall pursue a strategy for acquisition of crewed transportation services and non-crewed launch services that continues to enhance communication, collaboration, and coordination between the Launch Services Program and the Commercial Crew Program."

Leveraging Commercial Satellite Servicing Capabilities Across Mission Directorates

Pub. L. 115–10, title VIII, §825, Mar. 21, 2017, 131 Stat. 65, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) Refueling and relocating aging satellites to extend their operational lifetimes is a capacity that NASA [National Aeronautics and Space Administration] will substantially benefit from and is important for lowering the costs of ongoing scientific, national security, and commercial satellite operations.

"(2) The technologies involved in satellite servicing, such as dexterous robotic arms, propellant transfer systems, and solar electric propulsion, are all critical capabilities to support a human exploration mission to Mars.

"(b) Sense of Congress.—It is the sense of Congress that—

"(1) satellite servicing is a vital capability that will bolster the capacity and affordability of NASA's ongoing scientific and human exploration operations while simultaneously enhancing the ability of domestic companies to compete in the global marketplace; and

"(2) future NASA satellites and spacecraft across mission directorates should be constructed in a manner that allows for servicing in order to maximize operational longevity and affordability.

"(c) Leveraging of Capabilities.—The Administrator [of the National Aeronautics and Space Administration] shall—

"(1) identify orbital assets in both the Science Mission Directorate and the Human Exploration and Operations Mission Directorate that could benefit from satellite servicing-related technologies; and

"(2) work across all NASA mission directorates to evaluate opportunities for the private sector to perform such services or advance technical capabilities by leveraging the technologies and techniques developed by NASA programs and other industry programs."
51 U.S.C. § 60504 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 605 / Section 60504: Tornadoes and other severe storms
Tornadoes and other severe storms
Status: in_force

The Administrator shall ensure that the Administration gives high priority to those parts of its existing cooperative activities with the National Oceanic and Atmospheric Administration that are related to the study of tornadoes and other severe storms, tornado-force winds, and other factors determined to influence the development of tornadoes and other severe storms, with the goal of improving the Nation's ability to predict tornados and other severe storms. Further, the Administrator shall examine whether there are additional cooperative activities with the National Oceanic and Atmospheric Administration that should be undertaken in the area of tornado and severe storm research.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3425.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60504
42 U.S.C. 17714.
Pub. L. 110–422, title II, §208, Oct. 15, 2008, 122 Stat. 4786.
51 U.S.C. § 50906 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 509 / Section 50906: Experimental permits
Experimental permits
Status: in_force

(a) A person may apply to the Secretary of Transportation for an experimental permit under this section in the form and manner the Secretary prescribes. Consistent with the protection of the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 120 days after receiving an application pursuant to this section, shall issue a permit if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 90 days after receiving an application. The Secretary shall transmit to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 15 days after any occurrence when the Secretary has failed to act on a permit within the deadline established by this section.

(b) In carrying out subsection (a), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel that may be used in conducting commercial space launch or reentry activities pursuant to a permit.

(c) In order to encourage the development of a commercial space flight industry, the Secretary may when issuing permits use the authority granted under section 50905(b)(2)(C).

(d) The Secretary may issue a permit only for reusable suborbital rockets or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit solely for—

(1) research and development to test design concepts, equipment, or operating techniques;

(2) showing compliance with requirements as part of the process for obtaining a license under this chapter; or

(3) crew training for a launch or reentry using the design of the rocket or vehicle for which the permit would be issued.

(e) Permits issued under this section shall—

(1) authorize an unlimited number of launches and reentries for a particular suborbital rocket or suborbital rocket design, or for a particular reusable launch vehicle or reusable launch vehicle design, for the uses described in subsection (d); and

(2) specify the type of modifications that may be made to the suborbital rocket or launch vehicle without changing the design to an extent that would invalidate the permit.

(f) Permits shall not be transferable.

(g) The Secretary may issue a permit under this section notwithstanding any license issued under this chapter. The issuance of a license under this chapter may not invalidate a permit issued under this section.

(h) No person may operate a reusable suborbital rocket or reusable launch vehicle under a permit for carrying any property or human being for compensation or hire.

(i) For the purposes of sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, and 50923 of this chapter—

(1) a permit shall be considered a license;

(2) the holder of a permit shall be considered a licensee;

(3) a vehicle operating under a permit shall be considered to be licensed; and

(4) the issuance of a permit shall be considered licensing.

This subsection shall not be construed to allow the transfer of a permit.

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

Editorial Notes

Amendments

2015—Subsec. (d). Pub. L. 114–90, §104(1)(A), substituted "or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit" for "that will be launched or reentered" in introductory provisions.

Subsec. (d)(1). Pub. L. 114–90, §104(1)(B), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "research and development to test new design concepts, new equipment, or new operating techniques;".

Subsec. (d)(3). Pub. L. 114–90, §104(1)(C), struck out "prior to obtaining a license" after "crew training" and inserted "or vehicle" after "design of the rocket".

Subsec. (e)(1). Pub. L. 114–90, §104(2)(A), substituted "suborbital rocket or suborbital rocket design, or for a particular reusable launch vehicle or reusable launch vehicle design," for "suborbital rocket design".

Subsec. (e)(2). Pub. L. 114–90, §104(2)(B), inserted "or launch vehicle" after "the suborbital rocket".

Subsec. (g). Pub. L. 114–90, §104(3), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design."

Subsec. (h). Pub. L. 114–90, §104(4), inserted "or reusable launch vehicle" after "suborbital rocket".

2010—Pub. L. 111–314, §4(d)(2), (3)(F), successively renumbered section 70105a of title 49 and section 70105a of this title as this section.

Subsec. (c). Pub. L. 111–314, §4(d)(5)(G), substituted "section 50905(b)(2)(C)" for "section 70105(b)(2)(C)".

Subsec. (i). Pub. L. 111–314, §4(d)(5)(H), substituted "sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, and 50923" for "sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121" in introductory provisions.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
51 U.S.C. § 20303 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 203 / Section 20303: Contribution to innovation
Contribution to innovation
Status: in_force

(a) Participation in Interagency Activities.—The Administration shall be a full participant in any interagency effort to promote innovation and economic competitiveness through near-term and long-term basic scientific research and development and the promotion of science, technology, engineering, and mathematics education, consistent with the Administration's mission, including authorized activities.

(b) Historic Foundation.—In order to carry out the participation described in subsection (a), the Administrator shall build on the historic role of the Administration in stimulating excellence in the advancement of physical science and engineering disciplines and in providing opportunities and incentives for the pursuit of academic studies in science, technology, engineering, and mathematics.

(c) Balanced Science Program and Robust Authorization Levels.—The balanced science program authorized by section 101(d) of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16611(d)) 1 shall be an element of the contribution by the Administration to the interagency programs.

(d) Annual Report.—

(1) Requirement.—The Administrator shall submit to Congress and the President an annual report describing the activities conducted pursuant to this section, including a description of the goals and the objective metrics upon which funding decisions were made.

(2) Content.—Each report submitted pursuant to paragraph (1) shall include, with regard to science, technology, engineering, and mathematics education programs, at a minimum, the following:

(A) A description of each program.

(B) The amount spent on each program.

(C) The number of students or teachers served by each program.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3356.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

20303(a)
42 U.S.C. 16611a(a).
Pub. L. 110–69, title II, §2001(a), (b), (c), (e), Aug. 9, 2007, 121 Stat. 582.

20303(b)
42 U.S.C. 16611a(b).

20303(c)
42 U.S.C. 16611a(c).

20303(d)
42 U.S.C. 16611a(e).

Editorial Notes

References in Text

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

Statutory Notes and Related Subsidiaries

International Space Station's Contribution to National Competitiveness Enhancement

Pub. L. 111–358, title II, §204, Jan. 4, 2011, 124 Stat. 3994, provided that:

"(a) Sense of Congress.—It is the sense of the Congress that the International Space Station represents a valuable and unique national asset which can be utilized to increase educational opportunities and scientific and technological innovation which will enhance the Nation's economic security and competitiveness in the global technology fields of endeavor. If the period for active utilization of the International Space Station is extended to at least the year 2020, the potential for such opportunities and innovation would be increased. Efforts should be made to fully realize that potential.

"(b) Evaluation and Assessment of NASA's Interagency Contribution.—Pursuant to the authority provided in title II of the America COMPETES Act (Public Law 110–69 [see Tables for classification]), the Administrator [of NASA] shall evaluate and, where possible, expand efforts to maximize NASA's [National Aeronautics and Space Administration's] contribution to interagency efforts to enhance science, technology, engineering, and mathematics education capabilities, and to enhance the Nation's technological excellence and global competitiveness. The Administrator shall identify these enhancements in the annual reports required by section 2001(e) of that Act ([former] 42 U.S.C. 16611a(e)) [now 51 U.S.C. 20303(d)].

"(c) Report to the Congress.—Within 120 days after the date of enactment of this Act [Jan. 4, 2011], the Administrator shall provide to the House of Representatives Committee on Science and Technology [now Committee on Science, Space, and Technology] and the Senate Committee on Commerce, Science, and Transportation a report on the assessment made pursuant to subsection (a). The report shall include—

"(1) a description of current and potential activities associated with utilization of the International Space Station which are supportive of the goals of educational excellence and innovation and competitive enhancement established or reaffirmed by this Act [see Short Title of 2011 Amendment note set out under section 1861 of Title 42, The Public Health and Welfare], including a summary of the goals supported, the number of individuals or organizations participating in or benefiting from such activities, and a summary of how such activities might be expanded or improved upon;

"(2) a description of government and private partnerships which are, or may be, established to effectively utilize the capabilities represented by the International Space Station to enhance United States competitiveness, innovation and science, technology, engineering, and mathematics education; and

"(3) a summary of proposed actions or activities to be undertaken to ensure the maximum utilization of the International Space Station to contribute to fulfillment of the goals and objectives of this Act, and the identification of any additional authority, assets, or funding that would be required to support such activities."

1 See References in Text note below.
51 U.S.C. § 70502 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 705 / Section 70502: Exploration plan and programs
Exploration plan and programs
Status: in_force

The Administrator shall—

(1) construct an architecture and implementation plan for the Administration's human exploration program that is not critically dependent on the achievement of milestones by fixed dates;

(2) implement an exploration research and technology development program to enable human and robotic operations consistent with section 20302(b) of this title;

(3) conduct an in-situ resource utilization technology program to develop the capability to use space resources to increase independence from Earth, and sustain exploration beyond low-Earth orbit; and

(4) pursue aggressively automated rendezvous and docking capabilities that can support the International Space Station and other mission requirements.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3430; Pub. L. 115–10, title IV, §415, Mar. 21, 2017, 131 Stat. 34.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70502
42 U.S.C. 16763.
Pub. L. 109–155, title V, §503, Dec. 30, 2005, 119 Stat. 2929.

Editorial Notes

Amendments

2017—Par. (2). Pub. L. 115–10 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "implement an exploration technology development program to enable lunar human and robotic operations consistent with section 20302(b) of this title, including surface power to use on the Moon and other locations;".
51 U.S.C. § 60131 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 601 / Subchapter IV / Section 60131: Continued Federal research and development
Continued Federal research and development
Status: in_force

(a) Roles of Administration and Department of Defense.—

(1) In general.—The Administrator and the Secretary of Defense are directed to continue and to enhance programs of remote sensing research and development.

(2) Administration activities authorized and encouraged.—The Administrator is authorized and encouraged to—

(A) conduct experimental space remote sensing programs (including applications demonstration programs and basic research at universities);

(B) develop remote sensing technologies and techniques, including those needed for monitoring the Earth and its environment; and

(C) conduct such research and development in cooperation with other United States Government agencies and with public and private research entities (including private industry, universities, non-profit organizations, State and local governments, foreign governments, and international organizations) and to enter into arrangements (including joint ventures) which will foster such cooperation.

(b) Roles of Department of Agriculture and Department of the Interior.—

(1) In general.—In order to enhance the ability of the United States to manage and utilize its renewable and nonrenewable resources, the Secretary of Agriculture and the Secretary of the Interior are authorized and encouraged to conduct programs of research and development in the applications of remote sensing using funds appropriated for such purposes.

(2) Activities that may be included.—Such programs may include basic research at universities, demonstrations of applications, and cooperative activities involving other Government agencies, private sector parties, and foreign and international organizations.

(c) Role of Other Federal Agencies.—Other United States Government agencies are authorized and encouraged to conduct research and development on the use of remote sensing in the fulfillment of their authorized missions, using funds appropriated for such purposes.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3417.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60131
15 U.S.C. 5631.
Pub. L. 102–555, title III, §301, Oct. 28, 1992, 106 Stat. 4174.
51 U.S.C. § 60132 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 601 / Subchapter IV / Section 60132: Availability of federally gathered unenhanced data
Availability of federally gathered unenhanced data
Status: in_force

(a) In General.—All unenhanced land remote sensing data gathered and owned by the United States Government, including unenhanced data gathered under the technology demonstration program carried out pursuant to section 60133 of this title, shall be made available to users in a timely fashion.

(b) Protection for Commercial Data Distributor.—The President shall seek to ensure that unenhanced data gathered under the technology demonstration program carried out pursuant to section 60133 of this title shall, to the extent practicable, be made available on terms that would not adversely affect the commercial market for unenhanced data gathered by the Landsat 6 spacecraft.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3417.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60132
15 U.S.C. 5632.
Pub. L. 102–555, title III, §302, Oct. 28, 1992, 106 Stat. 4174.

In subsection (b), the word "affect" is substituted for "effect" to correct an error in the law.
51 U.S.C. § 31504 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 315 / Section 31504: Cooperative unmanned aerial vehicle activities
Cooperative unmanned aerial vehicle activities
Status: in_force

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

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3377.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

31504
42 U.S.C. 17828.
Pub. L. 110–422, title XI, §1116, Oct. 15, 2008, 122 Stat. 4813.
51 U.S.C. § 60145 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 601 / Subchapter V / Section 60145: Acquisition of equipment
Acquisition of equipment
Status: in_force

The Landsat Program Management may, by means of a competitive process, allow a licensee under subchapter III or any other private party to buy, lease, or otherwise acquire the use of equipment from the Landsat system, when such equipment is no longer needed for the operation of such system or for the sale of data from such system. Officials of other United States Government civilian agencies are authorized and encouraged to cooperate with the Secretary in carrying out this section.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3420.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60145
15 U.S.C. 5655.
Pub. L. 102–555, title V, §505, Oct. 28, 1992, 106 Stat. 4177.
51 U.S.C. § 20149 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 201 / Subchapter III / Section 20149: Medical monitoring and research relating to human space flight
Medical monitoring and research relating to human space flight
Status: in_force

(a) In General.—Notwithstanding any other provision of law, the Administrator may provide for—

(1) the medical monitoring and diagnosis of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers potentially associated with human space flight; and

(2) the treatment of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers associated with human space flight, including scientific and medical tests for psychological and medical conditions.

(b) Requirements.—

(1) No cost sharing.—The medical monitoring, diagnosis, or treatment described in subsection (a) shall be provided without any deductible, copayment, or other cost sharing obligation.

(2) Access to local services.—The medical monitoring, diagnosis, and treatment described in subsection (a) may be provided by a local health care provider if it is unadvisable due to the health of the applicable former United States government astronaut or former payload specialist for that former United States government astronaut or former payload specialist to travel to the Lyndon B. Johnson Space Center, as determined by the Administrator.

(3) Secondary payment.—Payment or reimbursement for the medical monitoring, diagnosis, or treatment described in subsection (a) shall be secondary to any obligation of the United States Government or any third party under any other provision of law or contractual agreement to pay for or provide such medical monitoring, diagnosis, or treatment. Any costs for items and services that may be provided by the Administrator for medical monitoring, diagnosis, or treatment under subsection (a) that are not paid for or provided under such other provision of law or contractual agreement, due to the application of deductibles, copayments, coinsurance, other cost sharing, or otherwise, are reimbursable by the Administrator on behalf of the former United States government astronaut or former payload specialist involved to the extent such items or services are authorized to be provided by the Administrator for such medical monitoring, diagnosis, or treatment under subsection (a).

(4) Conditional payment.—The Administrator may provide for conditional payments for or provide medical monitoring, diagnosis, or treatment described in subsection (a) that is obligated to be paid for or provided by the United States or any third party under any other provision of law or contractual agreement to pay for or provide such medical monitoring, diagnosis, or treatment if—

(A) payment for (or the provision of) such medical monitoring, diagnosis, or treatment services has not been made (or provided) or cannot reasonably be expected to be made (or provided) promptly by the United States or such third party, respectively; and

(B) such payment (or such provision of services) by the Administrator is conditioned on reimbursement by the United States or such third party, respectively, for such medical monitoring, diagnosis, or treatment.

(c) Exclusions.—The Administrator may not—

(1) provide for medical monitoring or diagnosis of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not potentially associated with human space flight;

(2) provide for treatment of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not associated with human space flight; or

(3) require a former United States government astronaut or former payload specialist to participate in the medical monitoring, diagnosis, or treatment authorized under subsection (a).

(d) Privacy.—Consistent with applicable provisions of Federal law relating to privacy, the Administrator shall protect the privacy of all medical records generated under subsection (a) and accessible to the Administration.

(e) Regulations.—The Administrator shall promulgate such regulations as are necessary to carry out this section.

(f) Definition of United States Government Astronaut.—In this section, the term "United States government astronaut" has the meaning given the term "government astronaut" in section 50902, except it does not include an individual who is an international partner astronaut.

(g) Data Use and Disclosure.—The Administrator may use or disclose data acquired in the course of medical monitoring, diagnosis, or treatment of a former United States government astronaut or a former payload specialist under subsection (a), in accordance with subsection (d). Former United States government astronaut or former payload specialist participation in medical monitoring, diagnosis, or treatment under subsection (a) shall constitute consent for the Administrator to use or disclose such data.

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

Statutory Notes and Related Subsidiaries

Annual Reports

Pub. L. 115–10, title IV, §443(c), Mar. 21, 2017, 131 Stat. 47, provided that:

"(1) In general.—Each fiscal year, not later than the date of submission of the President's annual budget request for that fiscal year under section 1105 of title 31, United States Code, the Administrator [of the National Aeronautics and Space Administration] shall publish a report, in accordance with applicable Federal privacy laws, on the activities of the Administration [National Aeronautics and Space Administration] under section 20149 of title 51, United States Code.

"(2) Contents.—Each report under paragraph (1) shall include a detailed cost accounting of the Administration's activities under section 20149 of title 51, United States Code, and a 5-year budget estimate.

"(3) Submission to congress.—The Administrator shall submit to the appropriate committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] each report under paragraph (1) not later than the date of submission of the President's annual budget request for that fiscal year under section 1105 of title 31, United States Code."

Inspector General Audit

Pub. L. 115–10, title IV, §443(f), Mar. 21, 2017, 131 Stat. 47, provided that: "The Inspector General of NASA [National Aeronautics and Space Administration] shall periodically audit or review, as the Inspector General considers necessary to prevent waste, fraud, and abuse, the activities of the Administration [National Aeronautics and Space Administration] under section 20149 of title 51, United States Code."
51 U.S.C. § 60304 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 603 / Section 60304: Program evaluation
Program evaluation
Status: in_force

(a) Advisory Committee.—The Administrator shall establish an advisory committee, consisting of individuals with appropriate expertise in State, local, regional, and tribal agencies, the university research community, and the remote sensing and other geospatial information industries, to monitor the program established under section 60303 of this title. The advisory committee shall consult with the Federal Geographic Data Committee and other appropriate industry representatives and organizations. Notwithstanding section 1013 of title 5, the advisory committee established under this subsection shall remain in effect until the termination of the program under section 60303 of this title.

(b) Effectiveness Evaluation.—Not later than December 31, 2009, the Administrator shall transmit to Congress an evaluation of the effectiveness of the program established under section 60303 of this title in exploring and promoting the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Such evaluation shall have been conducted by an independent entity.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3424; Pub. L. 117–286, §4(a)(326), Dec. 27, 2022, 136 Stat. 4341.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60304
42 U.S.C. 16674.
Pub. L. 109–155, title III, §314, Dec. 30, 2005, 119 Stat. 2921.

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–286 substituted "section 1013 of title 5," for "section 14 of the Federal Advisory Committee Act (5 App. U.S.C.),".
51 U.S.C. § 40905 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 409 / Section 40905: Program to expand distance learning in rural underserved areas
Program to expand distance learning in rural underserved areas
Status: in_force

(a) In General.—The Administrator shall develop or expand programs to extend science and space educational outreach to rural communities and schools through video conferencing, interpretive exhibits, teacher education, classroom presentations, and student field trips.

(b) Priorities.—In carrying out subsection (a), the Administrator shall give priority to existing programs, including Challenger Learning Centers—

(1) that utilize community-based partnerships in the field;

(2) that build and maintain video conference and exhibit capacity;

(3) that travel directly to rural communities and serve low-income populations; and

(4) with a special emphasis on increasing the number of women and minorities in the science and engineering professions.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3393.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

40905
42 U.S.C. 16791.
Pub. L. 109–155, title VI, §612, Dec. 30, 2005, 119 Stat. 2932.
51 U.S.C. § 50503 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 505 / Section 50503: Anchor tenancy and termination liability
Anchor tenancy and termination liability
Status: in_force

(a) Anchor Tenancy Contracts.—Subject to appropriations, the Administrator or the Administrator of the National Oceanic and Atmospheric Administration may enter into multiyear anchor tenancy contracts for the purchase of a good or service if the appropriate Administrator determines that—

(1) the good or service meets the mission requirements of the Administration or the National Oceanic and Atmospheric Administration, as appropriate;

(2) the commercially procured good or service is cost effective;

(3) the good or service is procured through a competitive process;

(4) existing or potential customers for the good or service other than the United States Government have been specifically identified;

(5) the long-term viability of the venture is not dependent upon a continued Government market or other nonreimbursable Government support; and

(6) private capital is at risk in the venture.

(b) Termination Liability.—

(1) In general.—Contracts entered into under subsection (a) may provide for the payment of termination liability in the event that the Government terminates such contracts for its convenience.

(2) Fixed schedule of payments and limitation on liability.—Contracts that provide for the payment of termination liability, as described in paragraph (1), shall include a fixed schedule of such termination liability payments. Liability under such contracts shall not exceed the total payments which the Government would have made after the date of termination to purchase the good or service if the contract were not terminated.

(3) Use of funds.—Subject to appropriations, funds available for such termination liability payments may be used for purchase of the good or service upon successful delivery of the good or service pursuant to the contract. In such case, sufficient funds shall remain available to cover any remaining termination liability.

(c) Limitations.—

(1) Duration.—Contracts entered into under this section shall not exceed 10 years in duration.

(2) Fixed price.—Such contracts shall provide for delivery of the good or service on a firm, fixed price basis.

(3) Performance specifications.—To the extent practicable, reasonable performance specifications shall be used to define technical requirements in such contracts.

(4) Failure to perform.—In any such contract, the appropriate Administrator shall reserve the right to completely or partially terminate the contract without payment of such termination liability because of the contractor's actual or anticipated failure to perform its contractual obligations.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3405.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

50503
15 U.S.C. 5806.
Pub. L. 102–588, title V, §507, Nov. 4, 1992, 106 Stat. 5127.
51 U.S.C. § 50101 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 501 / Subchapter I / Section 50101: Definitions
Definitions
Status: in_force

In this chapter:

(1) Commercial provider.—The term "commercial provider" means any person providing space transportation services or other space-related activities, primary control of which is held by persons other than Federal, State, local, and foreign governments.

(2) Payload.—The term "payload" means anything that a person undertakes to transport to, from, or within outer space, or in suborbital trajectory, by means of a space transportation vehicle, but does not include the space transportation vehicle itself except for its components which are specifically designed or adapted for that payload.

(3) Space-related activities.—The term "space-related activities" includes research and development, manufacturing, processing, service, and other associated and support activities.

(4) Space transportation services.—The term "space transportation services" means the preparation of a space transportation vehicle and its payloads for transportation to, from, or within outer space, or in suborbital trajectory, and the conduct of transporting a payload to, from, or within outer space, or in suborbital trajectory.

(5) Space transportation vehicle.—The term "space transportation vehicle" means any vehicle constructed for the purpose of operating in, or transporting a payload to, from, or within, outer space, or in suborbital trajectory, and includes any component of such vehicle not specifically designed or adapted for a payload.

(6) State.—The term "State" means each of the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.

(7) United states commercial provider.—The term "United States commercial provider" means a commercial provider, organized under the laws of the United States or of a State, that is—

(A) more than 50 percent owned by United States nationals; or

(B) a subsidiary of a foreign company and the Secretary of Transportation finds that—

(i) such subsidiary has in the past evidenced a substantial commitment to the United States market through—

(I) investments in the United States in long-term research, development, and manufacturing (including the manufacture of major components and subassemblies); and

(II) significant contributions to employment in the United States; and

(ii) the country or countries in which such foreign company is incorporated or organized, and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (A) comparable to that afforded to such foreign company's subsidiary in the United States, as evidenced by—

(I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government-sponsored research and development similar to that authorized under this chapter;

(II) providing no barriers, to companies described in subparagraph (A) with respect to local investment opportunities, that are not provided to foreign companies in the United States; and

(III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (A).

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3394.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

50101
42 U.S.C. 14701.
Pub. L. 105–303, §2, Oct. 28, 1998, 112 Stat. 2843.

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

Executive Documents

Space Policy Directive–2. Streamlining Regulations on Commercial Use of Space

Space Policy Directive–2, May 24, 2018, 83 F.R. 24901, provided:

Memorandum for the Vice President[,] the Secretary of State[,] the Secretary of Defense[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Homeland Security[,] the Secretary of Labor[,] the Director of National Intelligence[,] the Director of the Office of Management and Budget[,] the Assistant to the President for National Security Affairs[,] the Administrator of the National Aeronautics and Space Administration[,] the Director of the Office of Science and Technology Policy[,] the Assistant to the President for Homeland Security and Counterterrorism[, and] the Chairman of the Joint Chiefs of Staff

Section 1. Policy. It is the policy of the executive branch to be prudent and responsible when spending taxpayer funds, and to recognize how government actions, including Federal regulations, affect private resources. It is therefore important that regulations adopted and enforced by the executive branch promote economic growth; minimize uncertainty for taxpayers, investors, and private industry; protect national security, public-safety, and foreign policy interests; and encourage American leadership in space commerce.

Sec. 2. Launch and Re-entry Licensing. (a) No later than February 1, 2019, the Secretary of Transportation shall review regulations adopted by the Department of Transportation that provide for and govern licensing of commercial space flight launch and re-entry for consistency with the policy set forth in section 1 of this memorandum and shall rescind or revise those regulations, or publish for notice and comment proposed rules rescinding or revising those regulations, as appropriate and consistent with applicable law.

(b) Consistent with the policy set forth in section 1 of this memorandum, the Secretary of Transportation shall consider the following:

(i) requiring a single license for all types of commercial space flight launch and re-entry operations; and

(ii) replacing prescriptive requirements in the commercial space flight launch and re-entry licensing process with performance-based criteria.

(c) In carrying out the review required by subsection (a) of this section, the Secretary of Transportation shall coordinate with the members of the National Space Council.

(d) The Secretary of Defense, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration shall coordinate to examine all existing U.S. Government requirements, standards, and policies associated with commercial space flight launch and re-entry operations from Federal launch ranges and, as appropriate and consistent with applicable law, to minimize those requirements, except those necessary to protect public safety and national security, that would conflict with the efforts of the Secretary of Transportation in implementing the Secretary's responsibilities under this section.

Sec. 3. Commercial Remote Sensing. (a) Within 90 days of the date of this memorandum [May 24, 2018], the Secretary of Commerce shall review the regulations adopted by the Department of Commerce under Title II of the Land Remote Sensing Policy Act of 1992 ([now] 51 U.S.C. 60101 et seq.) for consistency with the policy set forth in section 1 of this memorandum and shall rescind or revise those regulations, or publish for notice and comment proposed rules rescinding or revising those regulations, as appropriate and consistent with applicable law.

(b) In carrying out the review required by subsection (a) of this section, the Secretary of Commerce shall coordinate with the Secretary of State, the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, and, as appropriate, the Chairman of the Federal Communications Commission.

(c) Within 120 days of the date of the completion of the review required by subsection (a) of this section, the Secretary of Commerce, in coordination with the Secretary of State and the Secretary of Defense, shall transmit to the Director of the Office of Management and Budget a legislative proposal to encourage expansion of the licensing of commercial remote sensing activities. That proposal shall be consistent with the policy set forth in section 1 of this memorandum.

Sec. 4. Reorganization of the Department of Commerce. (a) To the extent permitted by law, the Secretary of Commerce shall consolidate in the Office of the Secretary of Commerce the responsibilities of the Department of Commerce with respect to the Department's regulation of commercial space flight activities.

(b) Within 30 days of the date of this memorandum, the Secretary of Commerce shall transmit to the Director of the Office of Management and Budget a legislative proposal to create within the Department of Commerce an entity with primary responsibility for administering the Department's regulation of commercial space flight activities.

Sec. 5. Radio Frequency Spectrum. (a) The Secretary of Commerce, in coordination with the Director of the Office of Science and Technology Policy, shall work with the Federal Communications Commission to ensure that Federal Government activities related to radio frequency spectrum are, to the extent permitted by law, consistent with the policy set forth in section 1 of this memorandum.

(b) Within 120 days of the date of this memorandum, the Secretary of Commerce and the Director of the Office of Science and Technology Policy, in consultation with the Chairman of the Federal Communications Commission, and in coordination with the members of the National Space Council, shall provide to the President, through the Executive Secretary of the National Space Council, a report on improving the global competitiveness of the United States space sector through radio frequency spectrum policies, regulation, and United States activities at the International Telecommunication Union and other multilateral forums.

Sec. 6. Review of Export Licensing Regulations. The Executive Secretary of the National Space Council, in coordination with the members of the National Space Council, shall:

(a) initiate a review of export licensing regulations affecting commercial space flight activity;

(b) develop recommendations to revise such regulations consistent with the policy set forth in section 1 of this memorandum and with applicable law; and

(c) submit such recommendations to the President, through the Vice President, no later than 180 days from the date of this memorandum.

Sec. 7. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The Secretary of Transportation is authorized and directed to publish this memorandum in the Federal Register.

Donald J. Trump.
51 U.S.C. § 30104 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 301 / Section 30104: Baselines and cost controls
Baselines and cost controls
Status: in_force

(a) Definitions.—In this section:

(1) Development.—The term "development" means the phase of a program following the formulation phase and beginning with the approval to proceed to implementation, as defined in the Administration's Procedural Requirements 7120.5E, dated August 14, 2012.

(2) Development cost.—The term "development cost" means the total of all costs, including construction of facilities and civil servant costs, from the period beginning with the approval to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life of the program.

(3) Life-cycle cost.—The term "life-cycle cost" means the total of the direct, indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, support, and retirement of a program over its planned lifespan, without regard to funding source or management control.

(4) Major program.—The term "major program" means an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $250,000,000.

(b) Conditions for Development.—

(1) In general.—The Administration shall not enter into a contract for the development of a major program unless the Administrator determines that—

(A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks;

(B) the technologies required for the program have been demonstrated in a relevant laboratory or test environment; and

(C) the program complies with all relevant policies, regulations, and directives of the Administration.

(2) Report.—The Administrator shall transmit a report describing the basis for the determination required under paragraph (1) to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate at least 30 days before entering into a contract for development under a major program.

(3) Nondelegation.—The Administrator may not delegate the determination requirement under this subsection, except in cases in which the Administrator has a conflict of interest.

(c) Major Program Annual Reports.—

(1) Requirement.—Annually, at the same time as the President's annual budget submission to Congress, the Administrator shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes the information required by this section for each major program for which the Administration proposes to expend funds in the subsequent fiscal year. Reports under this paragraph shall be known as Major Program Annual Reports.

(2) Baseline report.—The first Major Program Annual Report for each major program shall include a Baseline Report that shall, at a minimum, include—

(A) the purposes of the program and key technical characteristics necessary to fulfill those purposes;

(B) an estimate of the life-cycle cost for the program, with a detailed breakout of the development cost, program reserves, and an estimate of the annual costs until development is completed;

(C) the schedule for development, including key program milestones;

(D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); and

(E) the name of the person responsible for making notifications under subsection (d), who shall be an individual whose primary responsibility is overseeing the program.

(3) Information updates.—For major programs for which a Baseline Report has been submitted, each subsequent Major Program Annual Report shall describe any changes to the information that had been provided in the Baseline Report, and the reasons for those changes.

(d) Notification.—

(1) Requirement.—The individual identified under subsection (c)(2)(E) shall immediately notify the Administrator any time that individual has reasonable cause to believe that, for the major program for which he or she is responsible—

(A) the development cost of the program is likely to exceed the estimate provided in the Baseline Report of the program by 15 percent or more; or

(B) a milestone of the program is likely to be delayed by 6 months or more from the date provided for it in the Baseline Report of the program.

(2) Reasons.—Not later than 30 days after the notification required under paragraph (1), the individual identified under subsection (c)(2)(E) shall transmit to the Administrator a written notification explaining the reasons for the change in the cost or milestone of the program for which notification was provided under paragraph (1).

(3) Notification of congress.—Not later than 15 days after the Administrator receives a written notification under paragraph (2), the Administrator shall transmit the notification to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(e) Fifteen Percent Threshold.—

(1) Determination, report, and initiation of analysis.—Not later than 30 days after receiving a written notification under subsection (d)(2), the Administrator shall determine whether the development cost of the program is likely to exceed the estimate provided in the Baseline Report of the program by 15 percent or more, or whether a milestone is likely to be delayed by 6 months or more. If the determination is affirmative, the Administrator shall—

(A) transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, not later than 15 days after making the determination, a report that includes—

(i) a description of the increase in cost or delay in schedule and a detailed explanation for the increase or delay;

(ii) a description of actions taken or proposed to be taken in response to the cost increase or delay; and

(iii) a description of any impacts the cost increase or schedule delay, or the actions described under clause (ii), will have on any other program within the Administration; and

(B) if the Administrator intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum—

(i) the projected cost and schedule for completing the program if current requirements of the program are not modified;

(ii) the projected cost and the schedule for completing the program after instituting the actions described under subparagraph (A)(ii); and

(iii) a description of, and the projected cost and schedule for, a broad range of alternatives to the program.

(2) Completion of analysis and transmittal to committees.—The Administration shall complete an analysis initiated under paragraph (1)(B) not later than 6 months after the Administrator makes a determination under this subsection. The Administrator shall transmit the analysis to the Committee on Science and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate not later than 30 days after its completion.

(f) Thirty Percent Threshold.—If the Administrator determines under subsection (e) that the development cost of a program will exceed the estimate provided in the Baseline Report of the program by more than 30 percent, then, beginning 18 months after the date the Administrator transmits a report under subsection (e)(1)(A), the Administrator shall not expend any additional funds on the program, other than termination costs, unless Congress has subsequently authorized continuation of the program by law. An appropriation for the specific program enacted subsequent to a report being transmitted shall be considered an authorization for purposes of this subsection. If the program is continued, the Administrator shall submit a new Baseline Report for the program no later than 90 days after the date of enactment of the Act under which Congress has authorized continuation of the program.

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

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

30104
42 U.S.C. 16613.
Pub. L. 109–155, title I, §103, Dec. 30, 2005, 119 Stat. 2907.

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

Editorial Notes

Amendments

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

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
51 U.S.C. § 31101 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 311 / Section 31101: Aerospace Safety Advisory Panel
Aerospace Safety Advisory Panel
Status: in_force

(a) Establishment and Members.—There is established an Aerospace Safety Advisory Panel consisting of a maximum of 9 members who shall be appointed by the Administrator for terms of 6 years each. Not more than 4 such members shall be chosen from among the officers and employees of the Administration.

(b) Chairman.—One member shall be designated by the Panel as its Chairman.

(c) Duties.—The Panel shall—

(1) review safety studies and operations plans referred to it, including evaluating the Administration's compliance with the return-to-flight and continue-to-fly recommendations of the Columbia Accident Investigation Board, and make reports thereon;

(2) advise the Administrator and Congress with respect to—

(A) the hazards of proposed or existing facilities and proposed operations;

(B) the adequacy of proposed or existing safety standards; and

(C) management and culture related to safety; and

(3) perform such other duties as the Administrator may request.

(d) Compensation and Expenses.—

(1) Compensation.—

(A) Federal officers and employees.—A member of the Panel who is an officer or employee of the Federal Government shall receive no compensation for the member's services as such.

(B) Members appointed from outside the federal government.—A member of the Panel appointed from outside the Federal Government shall receive compensation, at a rate not to exceed the per diem rate equivalent to the maximum rate payable under section 5376 of title 5, for each day the member is engaged in the actual performance of duties vested in the Panel.

(2) Expenses.—A member of the Panel shall be allowed necessary travel expenses (or in the alternative, mileage for use of a privately owned vehicle and a per diem in lieu of subsistence not to exceed the rate and amount prescribed in sections 5702 and 5704 of title 5), and other necessary expenses incurred by the member in the performance of duties vested in the Panel, without regard to the provisions of subchapter I of chapter 57 of title 5, the Standardized Government Travel Regulations, or section 5731 of title 5.

(e) Annual Report.—The Panel shall submit an annual report to the Administrator and to Congress. In the first annual report submitted after December 30, 2005, the Panel shall include an evaluation of the Administration's management and culture related to safety. Each annual report shall include an evaluation of the Administration's compliance with the recommendations of the Columbia Accident Investigation Board through retirement of the space shuttle.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3373.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

31101(a)
42 U.S.C. 2477(a) (1st, last sentences).
Pub. L. 90–67, §6, Aug. 21, 1967, 81 Stat. 170; Pub. L. 94–307, §8, June 4, 1976, 90 Stat. 681; Pub. L. 99–234, title I, §107(f), Jan. 2, 1986, 99 Stat. 1759; Pub. L. 109–155, title I, §106, Dec. 30, 2005, 119 Stat. 2912.

31101(b)
42 U.S.C. 2477(a) (3d sentence).

31101(c)
42 U.S.C. 2477(a) (2d sentence).

31101(d)
42 U.S.C. 2477(a) (4th, 5th sentences).

31101(e)
42 U.S.C. 2477(b).

In subsection (d)(1)(B), the words "maximum rate payable under section 5376 of title 5" are substituted for "rate for GS–18" because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (Public Law 101–509, 5 U.S.C. 5376 note).

In subsection (e), the date "December 30, 2005" is substituted for "the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
51 U.S.C. § 31502 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 315 / Section 31502: Maintenance of facilities
Maintenance of facilities
Status: in_force

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

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3377.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

31502
42 U.S.C. 17811(a).
Pub. L. 110–422, title X, §1002(a), Oct. 15, 2008, 122 Stat. 4806.

Statutory Notes and Related Subsidiaries

Facilities and Infrastructure

Pub. L. 115–10, title VIII, §837, Mar. 21, 2017, 131 Stat. 69, provided that:

"(a) Sense of Congress.—It is the sense of Congress that—

"(1) the [National Aeronautics and Space] Administration must address, mitigate, and reverse, where possible, the deterioration of its facilities and infrastructure, as their condition is hampering the effectiveness and efficiency of research performed by both the Administration and industry participants making use of Administration facilities, thus harming the competitiveness of the United States aerospace industry;

"(2) the Administration has a role in providing laboratory capabilities to industry participants that are not economically viable as commercial entities and thus are not available elsewhere;

"(3) to ensure continued access to reliable and efficient world-class facilities by researchers, the Administration should establish strategic partnerships with other Federal agencies, State agencies, FAA-licensed spaceports, institutions of higher education, and industry, as appropriate; and

"(4) decisions on whether to dispose of, maintain, or modernize existing facilities must be made in the context of meeting Administration and other needs, including those required to meet the activities supporting the human exploration roadmap under section 432 of this Act [set out in a note under section 20302 of this title], considering other national laboratory needs as the Administrator [of the National Aeronautics and Space Administration] deems appropriate.

"(b) Policy.—It is the policy of the United States that the Administration maintain reliable and efficient facilities and infrastructure and that decisions on whether to dispose of, maintain, or modernize existing facilities or infrastructure be made in the context of meeting future Administration needs.

"(c) Plan.—

"(1) In general.—The Administrator shall develop a facilities and infrastructure plan.

"(2) Goal.—The goal of the plan is to position the Administration to have the facilities and infrastructure, including laboratories, tools, and approaches, necessary to meet future Administration and other Federal agencies' laboratory needs.

"(3) Contents.—The plan shall identify—

"(A) current Administration and other Federal agency laboratory needs;

"(B) future Administration research and development and testing needs;

"(C) a strategy for identifying facilities and infrastructure that are candidates for disposal, that is consistent with the national strategic direction set forth in—

"(i) the National Space Policy;

"(ii) the National Aeronautics Research, Development, Test, and Evaluation Infrastructure Plan;

"(iii) the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2895) [see Tables for classification], National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422; 122 Stat. 4779) [see Tables for classification], and National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.); and

"(iv) the human exploration roadmap under section 432 of this Act [set out in a note under section 20302 of this title];

"(D) a strategy for the maintenance, repair, upgrading, and modernization of Administration facilities and infrastructure, including laboratories and equipment;

"(E) criteria for—

"(i) prioritizing deferred maintenance tasks;

"(ii) maintaining, repairing, upgrading, or modernizing Administration facilities and infrastructure; and

"(iii) implementing processes, plans, and policies for guiding the Administration's Centers on whether to maintain, repair, upgrade, or modernize a facility or infrastructure and for determining the type of instrument to be used;

"(F) an assessment of modifications needed to maximize usage of facilities that offer unique and highly specialized benefits to the aerospace industry and the American public; and

"(G) implementation steps, including a timeline, milestones, and an estimate of resources required for carrying out the plan.

"(d) Requirement To Establish Policy.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act [Mar. 21, 2017], the Administrator shall establish and make publicly available a policy that guides the Administration's use of existing authorities to out-grant, lease, excess to the General Services Administration, sell, decommission, demolish, or otherwise transfer property, facilities, or infrastructure.

"(2) Criteria.—The policy shall include criteria for the use of authorities, best practices, standardized procedures, and guidelines for how to appropriately manage property, facilities, and infrastructure.

"(e) Submission to Congress.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Science, Space, and Technology of the House of Representatives] the plan developed under subsection (c)."
51 U.S.C. § 70902 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 709 / Section 70902: Allocation of International Space Station research budget
Allocation of International Space Station research budget
Status: in_force

The Administrator shall allocate at least 15 percent of the funds budgeted for International Space Station research to ground-based, free-flyer, and International Space Station life and microgravity science research that is not directly related to supporting the human exploration program, consistent with section 40904 of this title.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3436.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70902
42 U.S.C. 16633.
Pub. L. 109–155, title II, §204, Dec. 30, 2005, 119 Stat. 2916.

The words "Beginning with fiscal year 2006", which appeared at the beginning of this section, are omitted as obsolete.
51 U.S.C. § 70707 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 707 / Section 70707: Staff of Commission
Staff of Commission
Status: in_force

(a) Appointment and Compensation.—The Chairman, in consultation with the Vice Chairman, in accordance with rules agreed upon by a Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions.

(b) Detailees.—Any Federal Government employee, except for an employee of the Administration, may be detailed to a Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.

(c) Consultant Services.—A Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, but at rates not to exceed the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5. An expert or consultant whose services are procured under this subsection shall disclose any contract or association the expert or consultant has with the Administration or any Administration contractor.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3435.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70707
42 U.S.C. 16847.
Pub. L. 109–155, title VIII, §827, Dec. 30, 2005, 119 Stat. 2943.

In subsection (c), in the 1st sentence, the words "the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5" are substituted for "the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5" for consistency in title 51.

In subsection (c), in the last sentence, the words "the expert or consultant" are substituted for "it" for clarity.
51 U.S.C. § 60133 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 601 / Subchapter IV / Section 60133: Technology demonstration program
Technology demonstration program
Status: in_force

(a) Establishment.—As a fundamental component of a national land remote sensing strategy, the President shall establish, through appropriate United States Government agencies, a technology demonstration program. The goals of the program shall be to—

(1) seek to launch advanced land remote sensing system components within 5 years after October 28, 1992;

(2) demonstrate within such 5-year period advanced sensor capabilities suitable for use in the anticipated land remote sensing program; and

(3) demonstrate within such 5-year period an advanced land remote sensing system design that could be less expensive to procure and operate than the Landsat system projected to be in operation through the year 2000, and that therefore holds greater potential for private sector investment and control.

(b) Execution of Program.—In executing the technology demonstration program, the President shall seek to apply technologies associated with United States National Technical Means of intelligence gathering, to the extent that such technologies are appropriate for the technology demonstration and can be declassified for such purposes without causing adverse harm to United States national security interests.

(c) Broad Application.—To the greatest extent practicable, the technology demonstration program established under subsection (a) shall be designed to be responsive to the broad civilian, national security, commercial, and foreign policy needs of the United States.

(d) Private Sector Funding.—The technology demonstration program under this section may be carried out in part with private sector funding.

(e) Landsat Program Management Coordination.—The Landsat Program Management shall have a coordinating role in the technology demonstration program carried out under this section.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3418.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60133
15 U.S.C. 5633(a)–(e).
Pub. L. 102–555, title III, §303(a)–(e), Oct. 28, 1992, 106 Stat. 4174.

In subsection (a)(1), the date "October 28, 1992" is substituted for "the date of the enactment of this Act" to reflect the date of enactment of the Land Remote Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4163). At the end of paragraph (1), a semicolon is substituted for the period to correct an error in the law.
51 U.S.C. § 30702 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 307 / Section 30702: Foreign contract limitation
Foreign contract limitation
Status: in_force

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

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3371.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

30702
42 U.S.C. 2475b.
Pub. L. 106–391, title III, §305, Oct. 30, 2000, 114 Stat. 1592.
51 U.S.C. § 10101 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 101 / Section 10101: Definitions
Definitions
Status: in_force

In this title:

(1) Administration.—The term "Administration" means the National Aeronautics and Space Administration.

(2) Administrator.—The term "Administrator" means the Administrator of the National Aeronautics and Space Administration.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3329.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

10101
(no source)

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

Statutory Notes and Related Subsidiaries

Short Title of 2022 Amendment

Pub. L. 117–167, div. B, title VII, §10801, Aug. 9, 2022, 136 Stat. 1730, provided that: "This title [amending sections 20145, 40112, 40903, 50111, and 70907 of this title and sections 18351, 18353, and 18354 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section, sections 20102, 20113, 20301, 20302, 40102, 40112, 40113, 60501, 70901 of this title, and preceding section 71101 of this title, amending provisions set out as notes under sections 20301 and 20302 of this title and preceding section 71101 of this title] may be cited as the 'National Aeronautics and Space Administration Authorization Act of 2022'."

Pub. L. 117–103, div. HH, title II, §201, Mar. 15, 2022, 136 Stat. 1112, provided that: "This title [amending section 20145 of this title and enacting provisions set out as a note under section 20145 of this title] may be cited as the 'NASA Enhanced-Use Leasing Extension Act of 2022'."

Short Title of 2020 Amendment

Pub. L. 116–181, §1, Oct. 21, 2020, 134 Stat. 882, provided that: "This Act [enacting chapter 606 of this title, repealing section 18388 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 60601 of this title] may be cited as the 'Promoting Research and Observations of Space Weather to Improve the Forecasting of Tomorrow Act' or the 'PROSWIFT Act'."

Short Title of 2019 Amendment

Pub. L. 116–94, div. I, title VI, §601, Dec. 20, 2019, 133 Stat. 3027, provided that: "This title [amending section 20145 of this title] may be cited as the 'NASA Enhanced Use Leasing Extension Act of 2019'."

Short Title of 2018 Amendment

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

Short Title of 2017 Amendment

Pub. L. 115–10, §1(a), Mar. 21, 2017, 131 Stat. 18, provided that: "This Act [see Tables for classification] may be cited as the 'National Aeronautics and Space Administration Transition Authorization Act of 2017'."

Pub. L. 115–10, title IV, §441, Mar. 21, 2017, 131 Stat. 44, provided that: "This subtitle [subtitle D (§§441–443) of title IV of Pub. L. 115–10, enacting section 20149 of this title and provisions set out as notes under section 20149 of this title] may be cited as the 'To Research, Evaluate, Assess, and Treat Astronauts Act' or the 'TREAT Astronauts Act'."

Short Title of 2015 Amendment

Pub. L. 114–90, §1(a), Nov. 25, 2015, 129 Stat. 704, provided that: "This Act [enacting chapter 513 and sections 60126 and 70104 of this title, amending sections 20113, 50131, 50701, 50702, 50901, 50902, 50904 to 50908, 50914, 50915, 50919, 70101 to 70103, and 70907 of this title and sections 18351, 18353, and 18354 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 20113 and 50918 of this title] may be cited as the 'U.S. Commercial Space Launch Competitiveness Act'."

Pub. L. 114–90, title I, §101, Nov. 25, 2015, 129 Stat. 705, provided that: "This title [enacting section 70104 of this title, amending sections 20113, 50131, 50901, 50902, 50904 to 50908, 50914, 50915, 50919, 70101 to 70103, and 70907 of this title and sections 18351, 18353, and 18354 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 20113 and 50918 of this title] may be cited as the 'Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015' or 'SPACE Act of 2015'."

Pub. L. 114–90, title IV, §401, Nov. 25, 2015, 129 Stat. 720, provided that: "This title [enacting chapter 513 of this title] may be cited as the 'Space Resource Exploration and Utilization Act of 2015'."

Short Title of 2013 Amendment

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

Short Title of 2008 Act

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

Short Title of 2005 Act

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

Short Title of 2004 Act

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

Short Title of 2002 Act

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

Short Title of 2000 Act

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

Short Title of 1998 Act

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

Short Title of 1992 Act

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

Short Title of 1990 Act

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

Short Title of 1987 Act

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

Short Title of 1958 Act

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

Definitions

Pub. L. 117–167, div. B, title VII, §10802, Aug. 9, 2022, 136 Stat. 1730, provided that: "In this title [see Short Title of 2022 Amendment note above]:

"(1) Administration.—The term 'Administration' means the National Aeronautics and Space Administration.

"(2) Administrator.—The term 'Administrator' means the Administrator of the National Aeronautics and Space Administration.

"(3) Appropriate committees of congress.—Except as otherwise expressly provided, the term 'appropriate committees of Congress' means—

"(A) the Committee on Commerce, Science, and Transportation of the Senate; and

"(B) the Committee on Science, Space, and Technology of the House of Representatives.

"(4) Cislunar space.—The term 'cislunar space' means the region of space beyond low-Earth orbit out to and including the region around the surface of the Moon.

"(5) Deep space.—The term 'deep space' means the region of space beyond low-Earth orbit, including cislunar space.

"(6) Development cost.—The term 'development cost' has the meaning given the term in section 30104 of title 51, United States Code.

"(7) Government astronaut.—The term 'government astronaut' has the meaning given the term in section 50902 of title 51, United States Code.

"(8) ISS.—The term 'ISS' means the International Space Station.

"(9) Low-enriched uranium.—The term 'low-enriched uranium' means uranium having an assay greater than the assay for natural uranium but less than 20 percent of the uranium–235 isotope.

"(10) NASA.—The term 'NASA' means the National Aeronautics and Space Administration.

"(11) Orion.—The term 'Orion' means the multipurpose crew vehicle described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323).

"(12) OSTP.—The term 'OSTP' means the Office of Science and Technology Policy.

"(13) Space flight participant.—The term 'space flight participant' has the meaning given the term in section 50902 of title 51, United States Code.

"(14) Space launch system.—The term 'Space Launch System' means the Space Launch System authorized under section 302 of the National Aeronautics and Space Administration [Authorization] Act of 2010 (42 U.S.C. 18322).

"(15) Unmanned aircraft; unmanned aircraft system.—The terms 'unmanned aircraft' and 'unmanned aircraft system' have the meanings given those terms in section 44801 of title 49, United States Code."

Pub. L. 115–10, §2, Mar. 21, 2017, 131 Stat. 19, provided that: "In this Act [see Tables for classification]:

"(1) Administration.—The term 'Administration' means the National Aeronautics and Space Administration.

"(2) Administrator.—The term 'Administrator' means the Administrator of the National Aeronautics and Space Administration.

"(3) Appropriate committees of congress.—The term 'appropriate committees of Congress' means—

"(A) the Committee on Commerce, Science, and Transportation of the Senate; and

"(B) the Committee on Science, Space, and Technology of the House of Representatives.

"(4) Cis-lunar space.—The term 'cis-lunar space' means the region of space from the Earth out to and including the region around the surface of the Moon.

"(5) Deep space.—The term 'deep space' means the region of space beyond low-Earth orbit, to include cis-lunar space.

"(6) Government astronaut.—The term 'government astronaut' has the meaning given the term in section 50902 of title 51, United States Code.

"(7) ISS.—The term 'ISS' means the International Space Station.

"(8) ISS management entity.—The term 'ISS management entity' means the organization with which the Administrator has a cooperative agreement under section 504(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(a)).

"(9) NASA.—The term 'NASA' means the National Aeronautics and Space Administration.

"(10) Orion.—The term 'Orion' means the multipurpose crew vehicle described under section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323).

"(11) Space launch system.—The term 'Space Launch System' has the meaning given the term in section 3 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18302).

"(12) United states government astronaut.—The term 'United States government astronaut' has the meaning given the term 'government astronaut' in section 50902 of title 51, United States Code, except it does not include an individual who is an international partner astronaut."

Pub. L. 111–358, title II, §206, Jan. 4, 2011, 124 Stat. 3996, provided that: "In this title [amending section 18421 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 20303 of this title, preceding sections 30501 and 40901 of this title, and under section 18421 of Title 42]:

"(1) Administrator.—The term 'Administrator' means the Administrator of NASA.

"(2) NASA.—The term 'NASA' means the National Aeronautics and Space Administration."

Pub. L. 110–422, §3, Oct. 15, 2008, 122 Stat. 4782, provided that: "In this Act [see Short Title of 2008 Act note above]:

"(1) Administrator.—The term 'Administrator' means the Administrator of NASA.

"(2) NASA.—The term 'NASA' means the National Aeronautics and Space Administration.

"(3) NOAA.—The term 'NOAA' means the National Oceanic and Atmospheric Administration.

"(4) OSTP.—The term 'OSTP' means the Office of Science and Technology Policy."

Pub. L. 109–155, §2, Dec. 30, 2005, 119 Stat. 2897, provided that: "In this Act [see Short Title of 2005 Act note above]:

"(1) Administrator.—The term 'Administrator' means the Administrator of the National Aeronautics and Space Administration.

"(2) ISS.—The term 'ISS' means the International Space Station.

"(3) NASA.—The term 'NASA' means the National Aeronautics and Space Administration."

Pub. L. 106–391, §3, Oct. 30, 2000, 114 Stat. 1579, provided that: "For purposes of this Act [see Tables for classification]—

"(1) the term 'Administrator' means the Administrator of the National Aeronautics and Space Administration;

"(2) the term 'commercial provider' means any person providing space transportation services or other space-related activities, the primary control of which is held by persons other than a Federal, State, local, or foreign government;

"(3) the term 'critical path' means the sequence of events of a schedule of events under which a delay in any event causes a delay in the overall schedule;

"(4) the term 'grant agreement' has the meaning given that term in section 6302(2) of title 31, United States Code;

"(5) the term 'institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001);

"(6) the term 'State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States; and

"(7) the term 'United States commercial provider' means a commercial provider, organized under the laws of the United States or of a State, which is—

"(A) more than 50 percent owned by United States nationals; or

"(B) a subsidiary of a foreign company and the Secretary of Commerce finds that—

"(i) such subsidiary has in the past evidenced a substantial commitment to the United States market through—

     "(I) investments in the United States in 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)."
51 U.S.C. § 60147 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 601 / Subchapter V / Section 60147: Consultation
Consultation
Status: in_force

(a) Consultation With Secretary of Defense.—The Secretary and the Landsat Program Management shall consult with the Secretary of Defense on all matters under this chapter affecting national security. The Secretary of Defense shall be responsible for determining those conditions, consistent with this chapter, necessary to meet national security concerns of the United States and for notifying the Secretary and the Landsat Program Management promptly of such conditions.

(b) Consultation With Secretary of State.—

(1) In general.—The Secretary and the Landsat Program Management shall consult with the Secretary of State on all matters under this chapter affecting international obligations. The Secretary of State shall be responsible for determining those conditions, consistent with this chapter, necessary to meet international obligations and policies of the United States and for notifying promptly the Secretary and the Landsat Program Management of such conditions.

(2) International aid.—Appropriate United States Government agencies are authorized and encouraged to provide remote sensing data, technology, and training to developing nations as a component of programs of international aid.

(3) Reporting discriminatory distribution.—The Secretary of State shall promptly report to the Secretary and Landsat Program Management any instances outside the United States of discriminatory distribution of Landsat data.

(c) Status Report.—The Landsat Program Management shall, as often as necessary, provide to Congress complete and updated information about the status of ongoing operations of the Landsat system, including timely notification of decisions made with respect to the Landsat system in order to meet national security concerns and international obligations and policies of the United States Government.

(d) Reimbursements.—If, as a result of technical modifications imposed on a licensee under subchapter III on the basis of national security concerns, the Secretary, in consultation with the Secretary of Defense or with other Federal agencies, determines that additional costs will be incurred by the licensee, or that past development costs (including the cost of capital) will not be recovered by the licensee, the Secretary may require the agency or agencies requesting such technical modifications to reimburse the licensee for such additional or development costs, but not for anticipated profits. Reimbursements may cover costs associated with required changes in system performance, but not costs ordinarily associated with doing business abroad.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3421.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60147
15 U.S.C. 5657.
Pub. L. 102–555, title V, §507, Oct. 28, 1992, 106 Stat. 4178.
51 U.S.C. § 60506 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 605 / Section 60506: Sharing of climate related data
Sharing of climate related data
Status: in_force

The Administrator shall work to ensure that the Administration's policies on the sharing of climate related data respond to the recommendations of the Government Accountability Office's report on climate change research and data-sharing policies and to the recommendations on the processing, distribution, and archiving of data by the National Academies Earth Science Decadal Survey, "Earth Science and Applications from Space", and other relevant National Academies reports, to enhance and facilitate their availability and widest possible use to ensure public access to accurate and current data on global warming.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3426.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60506
42 U.S.C. 17825(c).
Pub. L. 110–422, title XI, §1109(c), Oct. 15, 2008, 122 Stat. 4811.
51 U.S.C. § 20143 (2024) — Title 51: NATIONAL AND COMMERCIAL SPACE PROGRAMS / Chapter 201 / Subchapter III / Section 20143: Full cost appropriations account structure
Full cost appropriations account structure
Status: in_force

(a) Accounts for Appropriations.—

(1) Designation of 3 accounts.—Appropriations for the Administration shall be made in 3 accounts, "Science, Aeronautics, and Education", "Exploration Systems and Space Operations", and an account for amounts appropriated for the necessary expenses of the Office of the Inspector General.

(2) Reprogramming.—Within the Exploration Systems and Space Operations account, no more than 10 percent of the funds for a fiscal year for Exploration Systems may be reprogrammed for Space Operations, and no more than 10 percent of the funds for a fiscal year for Space Operations may be reprogrammed for Exploration Systems. This paragraph shall not apply to reprogramming for the purposes described in subsection (b)(2).

(3) Availability.—Appropriations shall remain available for 2 fiscal years, unless otherwise specified in law. Each account shall include the planned full costs of Administration activities.

(b) Transfers Among Accounts.—

(1) In general.—To ensure the safe, timely, and successful accomplishment of Administration missions, the Administration may transfer among accounts as necessary, amounts for—

(A) Federal salaries and benefits;

(B) training, travel, and awards;

(C) facility and related costs;

(D) information technology services;

(E) publishing services;

(F) science, engineering, fabricating, and testing services; and

(G) other administrative services.

(2) Disaster, act of terrorism, emergency rescue.—The Administration may also transfer amounts among accounts for the immediate costs of recovering from damage caused by a major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) or by an act of terrorism, or for the immediate costs associated with an emergency rescue of astronauts.

(c) Transfer of Unexpired Balances.—The unexpired balances of prior appropriations to the Administration for activities authorized under this chapter may be transferred to the new account established for such activity in subsection (a). Balances so transferred may be merged with funds in the newly established account and thereafter may be accounted for as one fund under the same terms and conditions.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3349.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

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

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

Statutory Notes and Related Subsidiaries

Notice of Reprogramming or Reorganization

Pub. L. 106–391, title III, §311, Oct. 30, 2000, 114 Stat. 1594, provided that:

"(a) Notice of Reprogramming.—If any funds authorized by this Act [see Tables for classification] are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

"(b) Notice of Reorganization.—The Administrator [of the National Aeronautics and Space Administration] shall provide notice to the Committees on Science [now Science, Space, and Technology] and Appropriations of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than 30 days before any major reorganization of any program, project, or activity of the National Aeronautics and Space Administration."