II 
Calendar No. 371 
111TH CONGRESS 
2D SESSION 
H. R. 3237 
IN THE SENATE OF THE UNITED STATES 
JANUARY 20, 2010 
Received; read twice and referred to the Committee on the Judiciary 
MAY 10, 2010 
Reported by Mr. LEAHY, without amendment 
AN ACT 
To enact certain laws relating to national and commercial 
space programs as title 51, United States Code, ‘‘Na-
tional and Commercial Space Programs’’. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1.
Table of contents. 
Sec. 2.
Purpose; conformity with original intent. 
Sec. 3.
Enactment of title 51, United States Code. 
Sec. 4.
Conforming amendments to other laws. 
Sec. 5.
Transitional and savings provisions. 
Sec. 6.
Repeals. 
SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT. 
(a) PURPOSE.—The purpose of this Act is to codify certain existing laws 
related to national and commercial space programs as a positive law title 
of the United States Code. 
(b) CONFORMITY WITH ORIGINAL INTENT.—In the codification of laws 
by this Act, the intent is to conform to the understood policy, intent, and 
purpose of Congress in the original enactments, with such amendments and 
corrections as will remove ambiguities, contradictions, and other imperfec-
tions, in accordance with section 205(c)(1) of House Resolution No. 988, 
93d Congress, as enacted into law by Public Law 93–554 (2 U.S.C. 
285b(1)). 
SEC. 3. ENACTMENT OF TITLE 51, UNITED STATES CODE. 
Title 51, United States Code, ‘‘National and Commercial Space Pro-
grams’’, is enacted as follows: 
TITLE 51—NATIONAL AND COMMERCIAL 
SPACE PROGRAMS 
Subtitle I—General 
Chap. 
Sec. 
101. Definitions ........................................................................................................
10101 
Subtitle II—General Program and Policy Provisions 
201. National Aeronautics and Space Program .......................................................
20101 
203. Responsibilities and Vision ...............................................................................
20301 
Subtitle III—Administrative Provisions 
301. Appropriations, Budgets, and Accounting ........................................................
30101 
303. Contracting and Procurement ..........................................................................
30301 
305. Management and Review ..................................................................................
30501 
307. International Cooperation and Competition .....................................................
30701 
309. Awards ..............................................................................................................
30901 
311. Safety ................................................................................................................
31101 
313. Healthcare ........................................................................................................
31301 
315. Miscellaneous ....................................................................................................
31501 
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Subtitle IV—Aeronautics and Space Research and Edu-
cation 
401. Aeronautics .......................................................................................................
40101 
403. National Space Grant College and Fellowship Program ..................................
40301 
405. Biomedical Research in Space ..........................................................................
40501 
407. Environmentally Friendly Aircraft ...................................................................
40701 
409. Miscellaneous ....................................................................................................
40901 
Subtitle V—Programs Targeting Commercial Opportunities 
501. Space Commerce ...............................................................................................
50101 
503. Commercial Reusable In-Space Transportation ...............................................
50301 
505. Commercial Space Competitiveness ..................................................................
50501 
507. Office of Space Commercialization ...................................................................
50701 
Subtitle VI—Earth Observations 
601. Land Remote Sensing Policy ............................................................................
60101 
603. Remote Sensing ................................................................................................
60301 
605. Earth Science ...................................................................................................
60501 
Subtitle VII—Access to Space 
701. Use of Space Shuttle or Alternatives ...............................................................
70101 
703. Shuttle Pricing Policy for Commercial and Foreign Users ..............................
70301 
705. Exploration Initiatives ......................................................................................
70501 
707. Human Space Flight Independent Investigation Commission .........................
70701 
709. International Space Station ..............................................................................
70901 
711. Near-Earth Objects ..........................................................................................
71101 
713. Cooperation for Safety Among Spacefaring Nations .......................................
71301 
Subtitle I—General 
CHAPTER 101—DEFINITIONS 
Sec. 
10101.
Definitions. 
§ 10101. Definitions 
In this title: 
(1) ADMINISTRATION.—The term ‘‘Administration’’ means the Na-
tional Aeronautics and Space Administration. 
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Admin-
istrator of the National Aeronautics and Space Administration. 
Subtitle II—General Program and Policy 
Provisions 
CHAPTER 201—NATIONAL AERONAUTICS AND SPACE 
PROGRAM 
SUBCHAPTER I—SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS 
Sec. 
20101.
Short title. 
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20102.
Congressional declaration of policy and purpose. 
20103.
Definitions. 
SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES 
20111.
National Aeronautics and Space Administration. 
20112.
Functions of the Administration. 
20113.
Powers of the Administration in performance of functions. 
20114.
Administration and Department of Defense coordination. 
20115.
International cooperation. 
20116.
Reports to Congress. 
20117.
Disposal of excess land. 
SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 
20131.
Public access to information. 
20132.
Security requirements. 
20133.
Permission to carry firearms. 
20134.
Arrest authority. 
20135.
Property rights in inventions. 
20136.
Contributions awards. 
20137.
Malpractice and negligence suits against United States. 
20138.
Insurance and indemnification. 
20139.
Insurance for experimental aerospace vehicles. 
20140.
Appropriations. 
20141.
Misuse of agency name and initials. 
20142.
Contracts regarding expendable launch vehicles. 
20143.
Full cost appropriations account structure. 
20144.
Prize authority. 
20145.
Lease of non-excess property. 
20146.
Retrocession of jurisdiction. 
20147.
Recovery and disposition authority. 
SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH 
20161.
Congressional declaration of purpose and policy. 
20162.
Definition of upper atmosphere. 
20163.
Program authorized. 
20164.
International cooperation. 
SUBCHAPTER I—SHORT TITLE, DECLARATION OF POLICY, AND 
DEFINITIONS 
§ 20101. Short title 
This chapter may be cited as the ‘‘National Aeronautics and Space Act’’. 
§ 20102. Congressional declaration of policy and purpose 
(a) DEVOTION OF SPACE ACTIVITIES TO PEACEFUL PURPOSES FOR BEN-
EFIT OF ALL HUMANKIND.—Congress declares that it is the policy of the 
United States that activities in space should be devoted to peaceful purposes 
for the benefit of all humankind. 
(b) AERONAUTICAL AND SPACE ACTIVITIES FOR WELFARE AND SECU-
RITY OF UNITED STATES.—Congress declares that the general welfare and 
security of the United States require that adequate provision be made for 
aeronautical and space activities. Congress further declares that such activi-
ties shall be the responsibility of, and shall be directed by, a civilian agency 
exercising control over aeronautical and space activities sponsored by the 
United States, except that activities peculiar to or primarily associated with 
the development of weapons systems, military operations, or the defense of 
the United States (including the research and development necessary to 
make effective provision for the defense of the United States) shall be the 
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responsibility of, and shall be directed by, the Department of Defense; and 
that determination as to which agency has responsibility for and direction 
of any such activity shall be made by the President. 
(c) COMMERCIAL USE OF SPACE.—Congress declares that the general 
welfare of the United States requires that the Administration seek and en-
courage, to the maximum extent possible, the fullest commercial use of 
space. 
(d) OBJECTIVES OF AERONAUTICAL AND SPACE ACTIVITIES.—The aero-
nautical and space activities of the United States shall be conducted so as 
to contribute materially to one or more of the following objectives: 
(1) The expansion of human knowledge of the Earth and of phe-
nomena in the atmosphere and space. 
(2) The improvement of the usefulness, performance, speed, safety, 
and efficiency of aeronautical and space vehicles. 
(3) The development and operation of vehicles capable of carrying in-
struments, equipment, supplies, and living organisms through space. 
(4) The establishment of long-range studies of the potential benefits 
to be gained from, the opportunities for, and the problems involved in 
the utilization of aeronautical and space activities for peaceful and sci-
entific purposes. 
(5) The preservation of the role of the United States as a leader in 
aeronautical and space science and technology and in the application 
thereof to the conduct of peaceful activities within and outside the at-
mosphere. 
(6) The making available to agencies directly concerned with national 
defense of discoveries that have military value or significance, and the 
furnishing by such agencies, to the civilian agency established to direct 
and control nonmilitary aeronautical and space activities, of informa-
tion as to discoveries which have value or significance to that agency. 
(7) Cooperation by the United States with other nations and groups 
of nations in work done pursuant to this chapter and in the peaceful 
application of the results thereof. 
(8) The most effective utilization of the scientific and engineering re-
sources of the United States, with close cooperation among all inter-
ested agencies of the United States in order to avoid unnecessary dupli-
cation of effort, facilities, and equipment. 
(9) The preservation of the United States preeminent position in aer-
onautics and space through research and technology development re-
lated to associated manufacturing processes. 
(e) GROUND PROPULSION SYSTEMS RESEARCH AND DEVELOPMENT.— 
Congress declares that the general welfare of the United States requires 
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that the unique competence in scientific and engineering systems of the Ad-
ministration also be directed toward ground propulsion systems research 
and development. Such development shall be conducted so as to contribute 
to the objectives of developing energy and petroleum-conserving ground pro-
pulsion systems, and of minimizing the environmental degradation caused 
by such systems. 
(f) BIOENGINEERING RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
PROGRAMS.—Congress declares that the general welfare of the United 
States requires that the unique competence of the Administration in science 
and engineering systems be directed to assisting in bioengineering research, 
development, and demonstration programs designed to alleviate and mini-
mize the effects of disability. 
(g) WARNING
AND MITIGATION
OF POTENTIAL HAZARDS
OF NEAR- 
EARTH OBJECTS.—Congress declares that the general welfare and security 
of the United States require that the unique competence of the Administra-
tion be directed to detecting, tracking, cataloguing, and characterizing near- 
Earth asteroids and comets in order to provide warning and mitigation of 
the potential hazard of such near-Earth objects to the Earth. 
(h) PURPOSE OF CHAPTER.—It is the purpose of this chapter to carry 
out and effectuate the policies declared in subsections (a) to (g). 
§ 20103. Definitions 
In this chapter: 
(1) AERONAUTICAL
AND
SPACE
ACTIVITIES.—The term ‘‘aero-
nautical and space activities’’ means— 
(A) research into, and the solution of, problems of flight within 
and outside the Earth’s atmosphere; 
(B) the development, construction, testing, and operation for re-
search purposes of aeronautical and space vehicles; 
(C) the operation of a space transportation system including the 
space shuttle, upper stages, space platforms, and related equip-
ment; and 
(D) such other activities as may be required for the exploration 
of space. 
(2) AERONAUTICAL AND SPACE VEHICLES.—The term ‘‘aeronautical 
and space vehicles’’ means aircraft, missiles, satellites, and other space 
vehicles, manned and unmanned, together with related equipment, de-
vices, components, and parts. 
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SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND 
SPACE ACTIVITIES 
§ 20111. National Aeronautics and Space Administration 
(a) ESTABLISHMENT AND APPOINTMENT OF ADMINISTRATOR.—There is 
established the National Aeronautics and Space Administration. The Admin-
istration shall be headed by an Administrator, who shall be appointed from 
civilian life by the President by and with the advice and consent of the Sen-
ate. Under the supervision and direction of the President, the Administrator 
shall be responsible for the exercise of all powers and the discharge of all 
duties of the Administration and shall have authority and control over all 
personnel and activities thereof. 
(b) DEPUTY ADMINISTRATOR.—There shall be in the Administration a 
Deputy Administrator, who shall be appointed from civilian life by the 
President by and with the advice and consent of the Senate. The Deputy 
Administrator shall perform such duties and exercise such powers as the 
Administrator may prescribe. The Deputy Administrator shall act for, and 
exercise the powers of, the Administrator during the Administrator’s ab-
sence or disability. 
(c) RESTRICTION ON OTHER BUSINESS OR EMPLOYMENT.—The Admin-
istrator and the Deputy Administrator shall not engage in any other busi-
ness, vocation, or employment while serving as such. 
§ 20112. Functions of the Administration 
(a) PLANNING, DIRECTING, AND CONDUCTING AERONAUTICAL
AND 
SPACE ACTIVITIES.—The Administration, in order to carry out the purpose 
of this chapter, shall— 
(1) plan, direct, and conduct aeronautical and space activities; 
(2) arrange for participation by the scientific community in planning 
scientific measurements and observations to be made through use of 
aeronautical and space vehicles, and conduct or arrange for the conduct 
of such measurements and observations; 
(3) provide for the widest practicable and appropriate dissemination 
of information concerning its activities and the results thereof; 
(4) seek and encourage, to the maximum extent possible, the fullest 
commercial use of space; and 
(5) encourage and provide for Federal Government use of commer-
cially provided space services and hardware, consistent with the re-
quirements of the Federal Government. 
(b) RESEARCH AND DEVELOPMENT IN CERTAIN TECHNOLOGIES.— 
(1) GROUND
PROPULSION
TECHNOLOGIES.—The Administration 
shall, to the extent of appropriated funds, initiate, support, and carry 
out such research, development, demonstration, and other related ac-
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tivities in ground propulsion technologies as are provided for in sections 
4 to 10 of the Electric and Hybrid Vehicle Research, Development, and 
Demonstration Act of 1976 (15 U.S.C. 2503 to 2509). 
(2) SOLAR HEATING AND COOLING TECHNOLOGIES.—The Adminis-
tration shall initiate, support, and carry out such research, develop-
ment, demonstrations, and other related activities in solar heating and 
cooling technologies (to the extent that funds are appropriated there-
for) as are provided for in sections 5, 6, and 9 of the Solar Heating 
and Cooling Demonstration Act of 1974 (42 U.S.C. 5503, 5504, 5507). 
§ 20113. Powers of the Administration in performance of 
functions 
(a) RULES AND REGULATIONS.—In the performance of its functions, the 
Administration is authorized to make, promulgate, issue, rescind, and 
amend rules and regulations governing the manner of its operations and the 
exercise of the powers vested in it by law. 
(b) OFFICERS AND EMPLOYEES.—In the performance of its functions, the 
Administration is authorized to appoint and fix the compensation of officers 
and employees as may be necessary to carry out such functions. The officers 
and employees shall be appointed in accordance with the civil service laws 
and their compensation fixed in accordance with chapter 51 and subchapter 
III of chapter 53 of title 5, except that— 
(1) to the extent the Administrator deems such action necessary to 
the discharge of the Administrator’s responsibilities, the Administrator 
may appoint not more than 425 of the scientific, engineering, and ad-
ministrative personnel of the Administration without regard to such 
laws, and may fix the compensation of such personnel not in excess of 
the rate of basic pay payable for level III of the Executive Schedule; 
and 
(2) to the extent the Administrator deems such action necessary to 
recruit specially qualified scientific and engineering talent, the Admin-
istrator may establish the entrance grade for scientific and engineering 
personnel without previous service in the Federal Government at a level 
up to 2 grades higher than the grade provided for such personnel under 
the General Schedule, and fix their compensation accordingly. 
(c) PROPERTY.—In the performance of its functions, the Administration 
is authorized— 
(1) to acquire (by purchase, lease, condemnation, or otherwise), con-
struct, improve, repair, operate, and maintain laboratories, research 
and testing sites and facilities, aeronautical and space vehicles, quar-
ters and related accommodations for employees and dependents of em-
ployees of the Administration, and such other real and personal prop-
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erty (including patents), or any interest therein, as the Administration 
deems necessary within and outside the continental United States; 
(2) to acquire by lease or otherwise, through the Administrator of 
General Services, buildings or parts of buildings in the District of Co-
lumbia for the use of the Administration for a period not to exceed 10 
years without regard to section 8141 of title 40; 
(3) to lease to others such real and personal property; 
(4) to sell and otherwise dispose of real and personal property (in-
cluding patents and rights thereunder) in accordance with the provi-
sions of chapters 1 to 11 of title 40 and in accordance with title III 
of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 251 et seq.); and 
(5) to provide by contract or otherwise for cafeterias and other nec-
essary facilities for the welfare of employees of the Administration at 
its installations and purchase and maintain equipment therefor. 
(d) GIFTS.—In the performance of its functions, the Administration is 
authorized to accept unconditional gifts or donations of services, money, or 
property, real, personal, or mixed, tangible or intangible. 
(e) CONTRACTS, LEASES, AND AGREEMENTS.—In the performance of its 
functions, the Administration is authorized, without regard to subsections 
(a) and (b) of section 3324 of title 31, to enter into and perform such con-
tracts, leases, cooperative agreements, or other transactions as may be nec-
essary in the conduct of its work and on such terms as it may deem appro-
priate, with any agency or instrumentality of the United States, or with any 
State, territory, or possession, or with any political subdivision thereof, or 
with any person, firm, association, corporation, or educational institution. 
To the maximum extent practicable and consistent with the accomplishment 
of the purpose of this chapter, such contracts, leases, agreements, and other 
transactions shall be allocated by the Administrator in a manner which will 
enable small-business concerns to participate equitably and proportionately 
in the conduct of the work of the Administration. 
(f) COOPERATION WITH FEDERAL AGENCIES AND OTHERS.—In the per-
formance of its functions, the Administration is authorized to use, with their 
consent, the services, equipment, personnel, and facilities of Federal and 
other agencies with or without reimbursement, and on a similar basis to co-
operate with other public and private agencies and instrumentalities in the 
use of services, equipment, and facilities. Each department and agency of 
the Federal Government shall cooperate fully with the Administration in 
making its services, equipment, personnel, and facilities available to the Ad-
ministration, and any such department or agency is authorized, notwith-
standing any other provision of law, to transfer to or to receive from the 
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