tion with the development or use of an experimental aero-
space vehicle; and 
(ii) the United States Government for damage or loss to 
Government property resulting from such an activity. 
(B) MAXIMUM REQUIRED.—The Administrator shall determine 
the amount of insurance required, but, except as provided in sub-
paragraph (C), that amount shall not be greater than the amount 
required under section 50914(a)(3) of this title for a launch. The 
Administrator shall publish notice of the Administrator’s deter-
mination and the applicable amount or amounts in the Federal 
Register within 10 days after making the determination. 
(C) INCREASE IN DOLLAR AMOUNTS.—The Administrator may 
increase the dollar amounts set forth in section 50914(a)(3)(A) of 
this title for the purpose of applying that section under this sec-
tion to a developer after consultation with the Comptroller General 
and such experts and consultants as may be appropriate, and after 
publishing notice of the increase in the Federal Register not less 
than 180 days before the increase goes into effect. The Adminis-
trator shall make available for public inspection, not later than the 
date of publication of such notice, a complete record of any cor-
respondence received by the Administration, and a transcript of 
any meetings in which the Administration participated, regarding 
the proposed increase. 
(D) SAFETY REVIEW REQUIRED BEFORE ADMINISTRATOR PRO-
VIDES INSURANCE.—The Administrator may not provide liability 
insurance or indemnification under subsection (b) unless the devel-
oper establishes to the satisfaction of the Administrator that ap-
propriate safety procedures and practices are being followed in the 
development of the experimental aerospace vehicle. 
(3) NO
INDEMNIFICATION
WITHOUT
CROSS-WAIVER.—Notwith-
standing subsection (b), the Administrator may not indemnify a devel-
oper of an experimental aerospace vehicle under this section unless 
there is an agreement between the Administration and the developer 
described in subsection (d). 
(4) APPLICATION OF CERTAIN PROCEDURES.—If the Administrator 
requests additional appropriations to make payments under this sec-
tion, like the payments that may be made under section 20138(c) of 
this title, then the request for those appropriations shall be made in 
accordance with the procedures established by subsections (d) and (e) 
of section 50915 of this title. 
(d) CROSS-WAIVERS.—
(1) ADMINISTRATOR AUTHORIZED TO WAIVE.—The Administrator, 
on behalf of the United States, and its departments, agencies, and in-
strumentalities, may reciprocally waive claims with a developer or co-
operating party and with the related entities of that developer or co-
operating party under which each party to the waiver agrees to be re-
sponsible, and agrees to ensure that its own related entities are respon-
sible, for damage or loss to its property for which it is responsible, or 
for losses resulting from any injury or death sustained by its own em-
ployees or agents, as a result of activities connected to the agreement 
or use of the experimental aerospace vehicle. 
(2) LIMITATIONS.— 
(A) CLAIMS.—A reciprocal waiver under paragraph (1) may not 
preclude a claim by any natural person (including, but not limited 
to, a natural person who is an employee of the United States, the 
developer, the cooperating party, or their respective subcontrac-
tors) or that natural person’s estate, survivors, or subrogees for 
injury or death, except with respect to a subrogee that is a party 
to the waiver or has otherwise agreed to be bound by the terms 
of the waiver. 
(B) LIABILITY FOR NEGLIGENCE.—A reciprocal waiver under 
paragraph (1) may not absolve any party of liability to any nat-
ural person (including, but not limited to, a natural person who 
is an employee of the United States, the developer, the cooperating 
party, or their respective subcontractors) or such a natural per-
son’s estate, survivors, or subrogees for negligence, except with re-
spect to a subrogee that is a party to the waiver or has otherwise 
agreed to be bound by the terms of the waiver. 
(C) INDEMNIFICATION
FOR
DAMAGES.—A reciprocal waiver 
under paragraph (1) may not be used as the basis of a claim by 
the Administration, or the developer or cooperating party, for in-
demnification against the other for damages paid to a natural per-
son, or that natural person’s estate, survivors, or subrogees, for 
injury or death sustained by that natural person as a result of ac-
tivities connected to the agreement or use of the experimental 
aerospace vehicle. 
(D) WILLFUL MISCONDUCT.—A reciprocal waiver under para-
graph (1) may not relieve the United States, the developer, the co-
operating party, or the related entities of the developer or cooper-
ating party, of liability for damage or loss resulting from willful 
misconduct.
(3) EFFECT ON PREVIOUS WAIVERS.—This subsection applies to any 
waiver of claims entered into by the Administration without regard to 
the date on which the Administration entered into the waiver. 
(e) RELATIONSHIP TO OTHER LAWS.— 
(1) SECTION
20138.—This section does not apply to any object, 
transaction, or operation to which section 20138 of this title applies. 
(2) SECTION 50919(g)(1).—The Administrator may not provide indem-
nification to a developer under this section for launches subject to li-
cense under section 50919(g)(1) of this title. 
(f) TERMINATION.— 
(1) IN GENERAL.—The provisions of this section shall terminate on 
December 31, 2010. 
(2) EFFECT OF TERMINATION ON AGREEMENT.—The termination of 
this section shall not terminate or otherwise affect any cross-waiver 
agreement, insurance agreement, indemnification agreement, or other 
agreement entered into under this section, except as may be provided 
in that agreement. 
§ 20140. Appropriations 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—There are authorized to be appropriated such 
sums as may be necessary to carry out this chapter, except that noth-
ing in this chapter shall authorize the appropriation of any amount 
for— 
(A) the acquisition or condemnation of any real property; or 
(B) any other item of a capital nature (such as plant or facility 
acquisition, construction, or expansion) which exceeds $250,000. 
(2) AVAILABILITY.—Sums appropriated pursuant to this subsection 
for the construction of facilities, or for research and development activi-
ties, shall remain available until expended. 
(b) USE OF FUNDS FOR EMERGENCY REPAIRS OF EXISTING FACILI-
TIES.—Any funds appropriated for the construction of facilities may be used 
for emergency repairs of existing facilities when such existing facilities are 
made inoperative by major breakdown, accident, or other circumstances and 
such repairs are deemed by the Administrator to be of greater urgency than 
the construction of new facilities. 
(c) TERMINATION.—Notwithstanding any other provision of law, the au-
thorization of any appropriation to the Administration shall expire (unless 
an earlier expiration is specifically provided) at the close of the third fiscal 
year following the fiscal year in which the authorization was enacted, to the 
extent that such appropriation has not theretofore actually been made.
§ 20141. Misuse of agency name and initials 
(a) IN GENERAL.—No person (as defined by section 20135(a) of this 
title) may knowingly use the words ‘‘National Aeronautics and Space Ad-
ministration’’ or the letters ‘‘NASA’’, or any combination, variation, or 
colorable imitation of those words or letters either alone or in combination 
with other words or letters— 
(1) as a firm or business name in a manner reasonably calculated 
to convey the impression that the firm or business has some connection 
with, endorsement of, or authorization from, the Administration which 
does not, in fact, exist; or 
(2) in connection with any product or service being offered or made 
available to the public in a manner reasonably calculated to convey the 
impression that the product or service has the authorization, support, 
sponsorship, or endorsement of, or the development, use, or manufac-
ture by or on behalf of the Administration which does not, in fact, 
exist. 
(b) CIVIL PROCEEDING TO ENJOIN.—Whenever it appears to the Attor-
ney General that any person is engaged in an act or practice which con-
stitutes or will constitute conduct prohibited by subsection (a), the Attorney 
General may initiate a civil proceeding in a district court of the United 
States to enjoin such act or practice. 
§ 20142. Contracts regarding expendable launch vehicles 
(a) COMMITMENTS BEYOND AVAILABLE APPROPRIATIONS.—The Admin-
istrator may enter into contracts for expendable launch vehicle services that 
are for periods in excess of the period for which funds are otherwise avail-
able for obligation, provide for the payment for contingent liability which 
may accrue in excess of available appropriations in the event the Federal 
Government for its convenience terminates such contracts, and provide for 
advance payments reasonably related to launch vehicle and related equip-
ment, fabrication, and acquisition costs, if any such contract limits the 
amount of the payments that the Government is allowed to make under 
such contract to amounts provided in advance in appropriation Acts. Such 
contracts may be limited to sources within the United States when the Ad-
ministrator determines that such limitation is in the public interest. 
(b) TERMINATION IF FUNDS NOT AVAILABLE.—If funds are not available 
to continue any such contract, the contract shall be terminated for the con-
venience of the Government, and the costs of such contract shall be paid 
from appropriations originally available for performance of the contract, 
from other unobligated appropriations currently available for the procure-
ment of launch services, or from funds appropriated for such payments.
§ 20143. Full cost appropriations account structure 
(a) ACCOUNTS FOR APPROPRIATIONS.— 
(1) DESIGNATION OF 3 ACCOUNTS.—Appropriations for the Adminis-
tration shall be made in 3 accounts, ‘‘Science, Aeronautics, and Edu-
cation’’, ‘‘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 Oper-
ations, 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 fis-
cal 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 accom-
plishment 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 Ad-
ministration may also transfer amounts among accounts for the imme-
diate 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 as-
tronauts. 
(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 ac-
tivity 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.
§ 20144. Prize authority 
(a) IN GENERAL.—The Administration may carry out a program to com-
petitively award cash prizes to stimulate innovation in basic and applied re-
search, technology development, and prototype demonstration that have the 
potential for application to the performance of the space and aeronautical 
activities of the Administration. The Administration may carry out a pro-
gram to award prizes only in conformity with this section. 
(b) TOPICS.—In selecting topics for prize competitions, the Administrator 
shall consult widely both within and outside the Federal Government, and 
may empanel advisory committees. The Administrator shall give consider-
ation to prize goals such as the demonstration of the ability to provide en-
ergy to the lunar surface from space-based solar power systems, demonstra-
tion of innovative near-Earth object survey and deflection strategies, and in-
novative approaches to improving the safety and efficiency of aviation sys-
tems. 
(c) ADVERTISING.—The Administrator shall widely advertise prize com-
petitions to encourage participation. 
(d) REQUIREMENTS AND REGISTRATION.—For each prize competition, 
the Administrator shall publish a notice in the Federal Register announcing 
the subject of the competition, the rules for being eligible to participate in 
the competition, the amount of the prize, and the basis on which a winner 
will be selected. 
(e) ELIGIBILITY.—To be eligible to win a prize under this section, an in-
dividual or entity— 
(1) shall have registered to participate in the competition pursuant 
to any rules promulgated by the Administrator under subsection (d); 
(2) shall have complied with all the requirements under this section; 
(3) in the case of a private entity, shall be incorporated in and main-
tain a primary place of business in the United States, and in the case 
of an individual, whether participating singly or in a group, shall be 
a citizen or permanent resident of the United States; and 
(4) shall not be a Federal entity or Federal employee acting within 
the scope of their employment. 
(f) LIABILITY.— 
(1) ASSUMPTION OF RISK.—Registered participants must agree to 
assume any and all risks and waive claims against the Federal Govern-
ment and its related entities, except in the case of willful misconduct, 
for any injury, death, damage, or loss of property, revenue, or profits, 
whether direct, indirect, or consequential, arising from their participa-
tion in a competition, whether such injury, death, damage, or loss 
arises through negligence or otherwise. For the purposes of this para-
graph, the term ‘‘related entity’’ means a contractor or subcontractor 
at any tier, and a supplier, user, customer, cooperating party, grantee, 
investigator, or detailee. 
(2) LIABILITY INSURANCE.—Participants must obtain liability insur-
ance or demonstrate financial responsibility, in amounts determined by 
the Administrator, for claims by— 
(A) a third party for death, bodily injury, or property damage, 
or loss resulting from an activity carried out in connection with 
participation in a competition, with the Federal Government 
named as an additional insured under the registered participant’s 
insurance policy and registered participants agreeing to indemnify 
the Federal Government against third party claims for damages 
arising from or related to competition activities; and 
(B) the Federal Government for damage or loss to Government 
property resulting from such an activity. 
(g) JUDGES.—For each competition, the Administration, either directly or 
through an agreement under subsection (h), shall assemble a panel of quali-
fied judges to select the winner or winners of the prize competition on the 
basis described pursuant to subsection (d). Judges for each competition 
shall include individuals from outside the Administration, including from the 
private sector. A judge may not— 
(1) have personal or financial interests in, or be an employee, officer, 
director, or agent of any entity that is a registered participant in a 
competition; or 
(2) have a familial or financial relationship with an individual who 
is a registered participant. 
(h) ADMINISTERING THE COMPETITION.—The Administrator may enter 
into an agreement with a private, nonprofit entity to administer the prize 
competition, subject to the provisions of this section. 
(i) FUNDING.— 
(1) SOURCES.—Prizes under this section may consist of Federal ap-
propriated funds and funds provided by the private sector for such cash 
prizes. The Administrator may accept funds from other Federal agen-
cies for such cash prizes. The Administrator may not give any special 
consideration to any private sector entity in return for a donation. 
(2) AVAILABILITY.— 
(A) DEFINITION OF PROVISIONS KNOWN AS THE ANTI-DEFI-
CIENCY ACT.—In this paragraph, the term ‘‘provisions known as 
the Anti-Deficiency Act’’ means sections 1341, 1342, 1349(a), 
1350, 1351, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, 
and 1519 of title 31.
(B) IN GENERAL.—Notwithstanding any other provision of law, 
funds appropriated for prize awards under this section shall re-
main available until expended, and may be transferred, repro-
grammed, or expended for other purposes only after the expiration 
of 10 fiscal years after the fiscal year for which the funds were 
originally appropriated. No provision in this section permits obli-
gation or payment of funds in violation of the provisions known 
as the Anti-Deficiency Act. 
(3) APPROPRIATION OR COMMITMENT OF FUNDS REQUIRED BEFORE 
ANNOUNCEMENT OF PRIZE OR INCREASE.— 
(A) IN
GENERAL.—No prize may be announced under sub-
section (d) until all the funds needed to pay out the announced 
amount of the prize have been appropriated or committed in writ-
ing by a private source. 
(B) INCREASE.—The Administrator may increase the amount of 
a prize after an initial announcement is made under subsection (d) 
if— 
(i) notice of the increase is provided in the same manner 
as the initial notice of the prize; and 
(ii) the funds needed to pay out the announced amount of 
the increase have been appropriated or committed in writing 
by a private source. 
(4) 
NOTICE
TO
COMMITTEES
FOR
PRIZE
GREATER
THAN 
$50,000,000.—No prize competition under this section may offer a prize 
in an amount greater than $50,000,000 unless 30 days have elapsed 
after written notice has been transmitted to the Committee on Science 
and Technology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate. 
(5) APPROVAL
OF
ADMINISTRATOR
FOR
PRIZE
GREATER
THAN 
$1,000,000.—No prize competition under this section may result in the 
award of more than $1,000,000 in cash prizes without the approval of 
the Administrator. 
(j) USE OF ADMINISTRATION NAME OR INSIGNIA.—A registered partici-
pant in a competition under this section may use the Administration’s 
name, initials, or insignia only after prior review and written approval by 
the Administration. 
(k) COMPLIANCE WITH EXISTING LAW.—The Federal Government shall 
not, by virtue of offering or providing a prize under this section, be respon-
sible for compliance by registered participants in a prize competition with 
Federal law, including licensing, export control, and non-proliferation laws, 
and related regulations.
§ 20145. Lease of non-excess property 
(a) IN GENERAL.—The Administrator may enter into a lease under this 
section with any person or entity (including another department or agency 
of the Federal Government or an entity of a State or local government) with 
regard to any non-excess real property and related personal property under 
the jurisdiction of the Administrator. 
(b) CASH CONSIDERATION.— 
(1) FAIR MARKET VALUE.—A person or entity entering into a lease 
under this section shall provide cash consideration for the lease at fair 
market value as determined by the Administrator. 
(2) UTILIZATION.— 
(A) IN GENERAL.—The Administrator may utilize amounts of 
cash consideration received under this subsection for a lease en-
tered into under this section to cover the full costs to the Adminis-
tration in connection with the lease. These funds shall remain 
available until expended. 
(B) CAPITAL REVITALIZATION AND IMPROVEMENTS.—Of any 
amounts of cash consideration received under this subsection that 
are not utilized in accordance with subparagraph (A)— 
(i) 35 percent shall be deposited in a capital asset account 
to be established by the Administrator, shall be available for 
maintenance, capital revitalization, and improvements of the 
real property assets and related personal property under the 
jurisdiction of the Administrator, and shall remain available 
until expended; and 
(ii) the remaining 65 percent shall be available to the re-
spective center or facility of the Administration engaged in 
the lease of nonexcess real property, and shall remain avail-
able until expended for maintenance, capital revitalization, 
and improvements of the real property assets and related per-
sonal property at the respective center or facility subject to 
the concurrence of the Administrator. 
(C) NO UTILIZATION FOR DAILY OPERATING COSTS.—Amounts 
utilized under subparagraph (B) may not be utilized for daily op-
erating costs. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Administrator may re-
quire such terms and conditions in connection with a lease under this sec-
tion as the Administrator considers appropriate to protect the interests of 
the United States.
(d) RELATIONSHIP TO OTHER LEASE AUTHORITY.—The authority under 
this section to lease property of the Administration is in addition to any 
other authority to lease property of the Administration under law. 
(e) LEASE RESTRICTIONS.— 
(1) NO LEASE BACK OR OTHER CONTRACT.—The Administration is 
not authorized to lease back property under this section during the 
term of the out-lease or enter into other contracts with the lessee re-
specting the property. 
(2) CERTIFICATION THAT OUT-LEASE WILL NOT HAVE NEGATIVE IM-
PACT ON MISSION.—The Administration is not authorized to enter into 
an out-lease under this section unless the Administrator certifies that 
the out-lease will not have a negative impact on the mission of the Ad-
ministration. 
(f) REPORTING REQUIREMENTS.—The Administrator shall submit an an-
nual report by January 31st of each year. The report shall include the fol-
lowing: 
(1) VALUE
OF
ARRANGEMENTS
AND
EXPENDITURES
OF
REVE-
NUES.—Information that identifies and quantifies the value of the ar-
rangements and expenditures of revenues received under this section. 
(2) AVAILABILITY AND USE OF FUNDS FOR OPERATING PLAN.—The 
availability and use of funds received under this section for the Admin-
istration’s operating plan. 
(g) SUNSET.—The authority to enter into leases under this section shall 
expire 10 years after December 26, 2007. The expiration under this sub-
section of authority to enter into leases under this section shall not affect 
the validity or term of leases or the Administration’s retention of proceeds 
from leases entered into under this section before the expiration of the au-
thority. 
§ 20146. Retrocession of jurisdiction 
(a) DEFINITION OF STATE.—In this section, the term ‘‘State’’ means any 
of the several States, the District of Columbia, the Commonwealth of Puerto 
Rico, the United States Virgin Islands, Guam, American Samoa, the North-
ern Mariana Islands, and any other commonwealth, territory, or possession 
of the United States. 
(b) RELINQUISHING LEGISLATIVE JURISDICTION.—Notwithstanding any 
other provision of law, the Administrator may relinquish to a State all or 
part of the legislative jurisdiction of the United States over lands or inter-
ests under the control of the Administrator in that State. 
§ 20147. Recovery and disposition authority 
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATION HUMAN SPACE FLIGHT VEHICLE.—The term 
‘‘Administration human space flight vehicle’’ means a space vehicle, as 
defined in section 20138(a) of this title, that— 
(A) is intended to transport one or more persons; 
(B) is designed to operate in outer space; and 
(C) is either— 
(i) owned by the Administration; or 
(ii) owned by an Administration contractor or cooperating 
party and operated as part of an Administration mission or 
a joint mission with the Administration. 
(2) CREWMEMBER.—The term ‘‘crewmember’’ means an astronaut 
or other person assigned to an Administration human space flight vehi-
cle. 
(b) CONTROL OF REMAINS.— 
(1) IN GENERAL.—Subject to paragraphs (2) and (3), when there is 
an accident or mishap resulting in the death of a crewmember of an 
Administration human space flight vehicle, the Administrator may take 
control over the remains of the crewmember and order autopsies and 
other scientific or medical tests. 
(2) TREATMENT.—Each crewmember shall provide the Adminis-
trator with the crewmember’s preferences regarding the treatment ac-
corded to the crewmember’s remains and the Administrator shall, to 
the extent possible, respect those stated preferences. 
(3) CONSTRUCTION.—This section shall not be construed to permit 
the Administrator to interfere with any Federal investigation of a mis-
hap or accident. 
SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH 
§ 20161. Congressional declaration of purpose and policy 
(a) PURPOSE.—The purpose of this subchapter is to authorize and direct 
the Administration to develop and carry out a comprehensive program of 
research, technology, and monitoring of the phenomena of the upper atmos-
phere so as to provide for an understanding of and to maintain the chemical 
and physical integrity of the Earth’s upper atmosphere. 
(b) POLICY.—Congress declares that it is the policy of the United States 
to undertake an immediate and appropriate research, technology, and moni-
toring program that will provide for understanding the physics and chem-
istry of the Earth’s upper atmosphere. 
§ 20162. Definition of upper atmosphere 
In this subchapter, the term ‘‘upper atmosphere’’ means that portion of 
the Earth’s sensible atmosphere above the troposphere.
§ 20163. Program authorized 
(a) IN GENERAL.—In order to carry out the purposes of this subchapter, 
the Administration, in cooperation with other Federal agencies, shall initiate 
and carry out a program of research, technology, monitoring, and other ap-
propriate activities directed to understand the physics and chemistry of the 
upper atmosphere. 
(b) ACTIVITIES.—In carrying out the provisions of this subchapter, the 
Administration shall— 
(1) arrange for participation by the scientific and engineering com-
munity, of both the Nation’s industrial organizations and institutions 
of higher education, in planning and carrying out appropriate research, 
in developing necessary technology, and in making necessary observa-
tions and measurements; 
(2) provide, by way of grant, contract, scholarships, or other ar-
rangements, to the maximum extent practicable and consistent with 
other laws, for the widest practicable and appropriate participation of 
the scientific and engineering community in the program authorized by 
this subchapter; and 
(3) make all results of the program authorized by this subchapter 
available to the appropriate regulatory agencies and provide for the 
widest practicable dissemination of such results. 
§ 20164. International cooperation 
In carrying out the provisions of this subchapter, the Administration, sub-
ject to the direction of the President and after consultation with the Sec-
retary of State, shall make every effort to enlist the support and cooperation 
of appropriate scientists and engineers of other countries and international 
organizations. 
CHAPTER 203—RESPONSIBILITIES AND VISION 
Sec. 
20301.
General responsibilities. 
20302.
Vision for space exploration. 
20303.
Contribution to innovation. 
20304.
Basic research enhancement. 
20305.
National Academies decadal surveys. 
§ 20301. General responsibilities 
(a) PROGRAMS.—The Administrator shall ensure that the Administration 
carries out a balanced set of programs that shall include, at a minimum, 
programs in— 
(1) human space flight, in accordance with section 20302 of this 
title; 
(2) aeronautics research and development; and 
(3) scientific research, which shall include, at a minimum—
(A) robotic missions to study the Moon and other planets and 
their moons, and to deepen understanding of astronomy, astro-
physics, and other areas of science that can be productively stud-
ied from space; 
(B) Earth science research and research on the Sun-Earth con-
nection through the development and operation of research sat-
ellites and other means; 
(C) support of university research in space science, Earth 
science, and microgravity science; and 
(D) research on microgravity, including research that is not di-
rectly related to human exploration. 
(b) CONSULTATION AND COORDINATION.—In carrying out the programs 
of the Administration, the Administrator shall— 
(1) consult and coordinate to the extent appropriate with other rel-
evant Federal agencies, including through the National Science and 
Technology Council; 
(2) work closely with the private sector, including by— 
(A) encouraging the work of entrepreneurs who are seeking to 
develop new means to launch satellites, crew, or cargo; 
(B) contracting with the private sector for crew and cargo serv-
ices, including to the International Space Station, to the extent 
practicable; 
(C) using commercially available products (including software) 
and services to the extent practicable to support all Administration 
activities; and 
(D) encouraging commercial use and development of space to 
the greatest extent practicable; and 
(3) involve other nations to the extent appropriate. 
§ 20302. Vision for space exploration 
(a) IN GENERAL.—The Administrator shall establish a program to de-
velop a sustained human presence on the Moon, including a robust pre-
cursor program, to promote exploration, science, commerce, and United 
States preeminence in space, and as a stepping-stone to future exploration 
of Mars and other destinations. The Administrator is further authorized to 
develop and conduct appropriate international collaborations in pursuit of 
these goals. 
(b) MILESTONES.—The Administrator shall manage human space flight 
programs to strive to achieve the following milestones (in conformity with 
section 70502 of this title): 
(1) Returning Americans to the Moon no later than 2020.
(2) Launching the Crew Exploration Vehicle as close to 2010 as pos-
sible. 
(3) Increasing knowledge of the impacts of long duration stays in 
space on the human body using the most appropriate facilities avail-
able, including the International Space Station. 
(4) Enabling humans to land on and return from Mars and other 
destinations on a timetable that is technically and fiscally possible. 
§ 20303. Contribution to innovation 
(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The Administration 
shall be a full participant in any interagency effort to promote innovation 
and economic competitiveness through near-term and long-term basic sci-
entific research and development and the promotion of science, technology, 
engineering, and mathematics education, consistent with the Administra-
tion’s mission, including authorized activities. 
(b) HISTORIC FOUNDATION.—In order to carry out the participation de-
scribed in subsection (a), the Administrator shall build on the historic role 
of the Administration in stimulating excellence in the advancement of phys-
ical science and engineering disciplines and in providing opportunities and 
incentives for the pursuit of academic studies in science, technology, engi-
neering, and mathematics. 
(c) BALANCED SCIENCE PROGRAM AND ROBUST AUTHORIZATION LEV-
ELS.—The balanced science program authorized by section 101(d) of the 
National Aeronautics and Space Administration Authorization Act of 2005 
(42 U.S.C. 16611(d)) shall be an element of the contribution by the Admin-
istration 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 pro-
gram. 
§ 20304. Basic research enhancement 
(a) DEFINITION OF BASIC RESEARCH.—In this section, the term ‘‘basic 
research’’ has the meaning given the term in Office of Management and 
Budget Circular No. A–11.
(b) COORDINATION.—The Administrator, the Director of the National 
Science Foundation, the Secretary of Energy, the Secretary of Defense, and 
the Secretary of Commerce shall, to the extent practicable, coordinate basic 
research activities related to physical sciences, technology, engineering, and 
mathematics. 
§ 20305. National Academies decadal surveys 
(a) IN GENERAL.—The Administrator shall enter into agreements on a 
periodic basis with the National Academies for independent assessments, 
also known as decadal surveys, to take stock of the status and opportunities 
for Earth and space science discipline fields and Aeronautics research and 
to recommend priorities for research and programmatic areas over the next 
decade. 
(b) INDEPENDENT COST ESTIMATES.—The agreements described in sub-
section (a) shall include independent estimates of the life cycle costs and 
technical readiness of missions assessed in the decadal surveys whenever 
possible. 
(c) REEXAMINATION.—The Administrator shall request that each Na-
tional Academies decadal survey committee identify any conditions or 
events, such as significant cost growth or scientific or technological ad-
vances, that would warrant the Administration asking the National Acad-
emies to reexamine the priorities that the decadal survey had established. 
Subtitle III—Administrative Provisions 
CHAPTER 301—APPROPRIATIONS, BUDGETS, AND 
ACCOUNTING 
Sec. 
30101.
Prior authorization of appropriations required. 
30102.
Working capital fund. 
30103.
Budgets. 
30104.
Baselines and cost controls. 
§ 30101. Prior authorization of appropriations required 
Notwithstanding the provisions of any other law, no appropriation may 
be made to the Administration unless previously authorized by legislation 
enacted by Congress. 
§ 30102. Working capital fund 
(a) ESTABLISHMENT.—There is hereby established in the United States 
Treasury an Administration working capital fund. 
(b) AVAILABILITY OF AMOUNTS.— 
(1) IN GENERAL.—Amounts in the fund are available for financing 
activities, services, equipment, information, and facilities as authorized 
by law to be provided— 
(A) within the Administration;
(B) the travel budget for each office, and any division thereof, 
for the actual, current, and proposed funding level; and 
(C) the civil service full time equivalent assignments per head-
quarters office, and any division thereof, including the number of 
Senior Executive Service, noncareer, detailee, and contract per-
sonnel per office. 
(4) Within 14 days of the submission of the budget to Congress an 
accompanying volume shall be provided to the Committees on Appro-
priations containing the following information for each center, facility 
managed by any center, and federally funded research and development 
center operated on behalf of the Administration: 
(A) The actual, current, proposed funding level, and estimated 
budgets for the next 5 fiscal years by directorate, theme, program, 
project, and activity. 
(B) The proposed programmatic and non-programmatic con-
struction of facilities. 
(C) The number of civil service full time equivalent positions per 
center for each identified fiscal year. 
(D) The number of civil service full time equivalent positions 
considered to be uncovered capacity at each location for each iden-
tified fiscal year. 
(5) The proposed budget as designated by object class for each direc-
torate, theme, and program. 
(6) Sufficient narrative shall be provided to explain the request for 
each program, project, and activity, and an explanation for any devi-
ation to previously adopted baselines for all justification materials pro-
vided to the Committees. 
(d) ESTIMATE OF GROSS RECEIPTS AND PROPOSED USE OF FUNDS RE-
LATED TO LEASE OF PROPERTY.—Each annual budget request shall include 
an annual estimate of gross receipts and collections and proposed use of all 
funds collected pursuant to section 20145 of this title. 
§ 30104. Baselines and cost controls 
(a) DEFINITIONS.—In this section: 
(1) DEVELOPMENT.—The term ‘‘development’’ means the phase of 
a program following the formulation phase and beginning with the ap-
proval to proceed to implementation, as defined in the Administration’s 
Procedural Requirements 7120.5c, dated March 22, 2005. 
(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 imple-
mentation through the achievement of operational readiness, without
regard to funding source or management control, for the life of the pro-
gram. 
(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 ex-
penses incurred or estimated to be incurred in the design, development, 
verification, production, operation, maintenance, support, and retire-
ment of a program over its planned lifespan, without regard to funding 
source or management control. 
(4) MAJOR PROGRAM.—The term ‘‘major program’’ means an activ-
ity 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 con-
tract 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 dem-
onstrated 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 de-
termination 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 trans-
mit to the Committee on Science and Technology of the House of Rep-
resentatives and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report that includes the information required by 
this section for each major program for which the Administration pro-
poses 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 characteris-
tics 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 mile-
stones; 
(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 re-
sponsibility 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 in-
dividual 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 Re-
port 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 ex-
plaining the reasons for the change in the cost or milestone of the pro-
gram 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 Com-
mittee 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 sub-
section (d)(2), the Administrator shall determine whether the develop-
ment 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 deter-
mination 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 sched-
ule 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 pro-
gram if current requirements of the program are not modi-
fied; 
(ii) the projected cost and the schedule for completing the 
program after instituting the actions described under sub-
paragraph (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
COMMIT-
TEES.—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 com-
pletion. 
(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 trans-
mits 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. 
CHAPTER 303—CONTRACTING AND PROCUREMENT 
Sec. 
30301.
Guaranteed customer base. 
30302.
Quality assurance personnel. 
30303.
Tracking and data relay satellite services. 
30304.
Award of contracts to small businesses and disadvantaged individuals. 
30305.
Outreach program. 
30306.
Small business contracting. 
30307.
Requirement for independent cost analysis. 
30308.
Cost effectiveness calculations. 
30309.
Use of abandoned and underutilized buildings, grounds, and facilities. 
30310.
Exception to alternative fuel procurement requirement. 
§ 30301. Guaranteed customer base 
No amount appropriated to the Administration may be used to fund 
grants, contracts, or other agreements with an expected duration of more 
than one year, when a primary effect of the grant, contract, or agreement 
is to provide a guaranteed customer base for or establish an anchor tenancy 
in new commercial space hardware or services unless an appropriations Act 
specifies the new commercial space hardware or services to be developed or 
used, or the grant, contract, or agreement is otherwise identified in such 
Act. 
§ 30302. Quality assurance personnel 
(a) EXCLUSION OF ADMINISTRATION PERSONNEL.—A person providing 
articles to the Administration under a contract entered into after December 
9, 1991, may not exclude Administration quality assurance personnel from 
work sites except as provided in a contract provision that has been sub-
mitted to Congress as provided in subsection (b). 
(b) CONTRACT PROVISIONS.—The Administration shall not enter into any 
contract which permits the exclusion of Administration quality assurance 
personnel from work sites unless the Administrator has submitted a copy 
of the provision permitting such exclusion to Congress at least 60 days be-
fore entering into the contract.
§ 30303. Tracking and data relay satellite services 
(a) CONTRACTS.—The Administration is authorized, when so provided in 
an appropriation Act, to enter into and to maintain a contract for tracking 
and data relay satellite services. Such services shall be furnished to the Ad-
ministration in accordance with applicable authorization and appropriations 
Acts. The Government shall incur no costs under such contract prior to the 
furnishing of such services except that the contract may provide for the pay-
ment for contingent liability of the Government which may accrue in the 
event the Government should decide for its convenience to terminate the 
contract before the end of the period of the contract. Facilities which may 
be required in the performance of the contract may be constructed on Gov-
ernment-owned lands if there is included in the contract a provision under 
which the Government may acquire title to the facilities, under terms and 
conditions agreed upon in the contract, upon termination of the contract. 
(b) REPORTS TO CONGRESS.—The Administrator shall in January of 
each year report to the Committee on Science and Technology and the Com-
mittee on Appropriations of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation and the Committee on 
Appropriations of the Senate the projected aggregate contingent liability of 
the Government under termination provisions of any contract authorized in 
this section through the next fiscal year. The authority of the Administra-
tion to enter into and to maintain the contract authorized hereunder shall 
remain in effect unless repealed by legislation enacted by Congress. 
§ 30304. Award of contracts to small businesses and dis-
advantaged individuals 
The Administrator shall annually establish a goal of at least 8 percent 
of the total value of prime and subcontracts awarded in support of author-
ized programs, including the space station by the time operational status 
is obtained, which funds will be made available to small business concerns 
or other organizations owned or controlled by socially and economically dis-
advantaged individuals (within the meaning of paragraphs (5) and (6) of 
section 8(a) of the Small Business Act (15 U.S.C. 637(a))), including His-
torically Black Colleges and Universities that are part B institutions (as de-
fined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 
1061(2))), Hispanic-serving institutions (as defined in section 502(a)(5) of 
that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or Universities (as de-
fined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Na-
tive-serving institutions (as defined in section 317(b)(2) of that Act (20 
U.S.C. 1059d(b)(2))), Native Hawaiian-serving institutions (as defined in 
section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority edu-
cational institutions (as defined by the Secretary of Education pursuant to 
the General Education Provisions Act (20 U.S.C. 1221 et seq.)). 
§ 30305. Outreach program 
(a) ESTABLISHMENT.—The Administration shall competitively select an 
organization to partner with Administration centers, aerospace contractors, 
and academic institutions to carry out a program to help promote the com-
petitiveness of small, minority-owned, and women-owned businesses in com-
munities across the United States through enhanced insight into the tech-
nologies of the Administration’s space and aeronautics programs. The pro-
gram shall support the mission of the Administration’s Innovative Partner-
ships Program with its emphasis on joint partnerships with industry, aca-
demia, government agencies, and national laboratories. 
(b) PROGRAM STRUCTURE.—In carrying out the program described in 
subsection (a), the organization shall support the mission of the Administra-
tion’s Innovative Partnerships Program by undertaking the following activi-
ties: 
(1) FACILITATING ENHANCED INSIGHT.—Facilitating the enhanced 
insight of the private sector into the Administration’s technologies in 
order to increase the competitiveness of the private sector in producing 
viable commercial products. 
(2) CREATING NETWORK.—Creating a network of academic institu-
tions, aerospace contractors, and Administration centers that will com-
mit to donating appropriate technical assistance to small businesses, 
giving preference to socially and economically disadvantaged small busi-
ness concerns, small business concerns owned and controlled by service- 
disabled veterans, and HUBZone small business concerns. This para-
graph shall not apply to any contracting actions entered into or taken 
by the Administration. 
(3) CREATING NETWORK OF ECONOMIC DEVELOPMENT ORGANIZA-
TIONS.—Creating a network of economic development organizations to 
increase the awareness and enhance the effectiveness of the program 
nationwide. 
(c) REPORT.—Not later than one year after October 15, 2008, and annu-
ally thereafter, the Administrator shall submit a report to the Committee 
on Science and Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate describing 
the efforts and accomplishments of the program established under sub-
section (a) in support of the Administration’s Innovative Partnerships Pro-
gram. As part of the report, the Administrator shall provide—
(1) data on the number of small businesses receiving assistance, jobs 
created and retained, and volunteer hours donated by the Administra-
tion, contractors, and academic institutions nationwide; 
(2) an estimate of the total dollar value of the economic impact made 
by small businesses that received technical assistance through the pro-
gram; and 
(3) an accounting of the use of funds appropriated for the program. 
§ 30306. Small business contracting 
(a) PLAN.—In consultation with the Small Business Administration, the 
Administrator shall develop a plan to maximize the number and amount of 
contracts awarded to small business concerns (within the meaning given 
that term in section 3 of the Small Business Act (15 U.S.C. 632)) and to 
meet established contracting goals for such concerns. 
(b) PRIORITY.—The Administrator shall establish as a priority meeting 
the contracting goals developed in conjunction with the Small Business Ad-
ministration to maximize the amount of prime contracts, as measured in 
dollars, awarded in each fiscal year by the Administration to small business 
concerns (within the meaning given that term in section 3 of the Small 
Business Act (15 U.S.C. 632)). 
§ 30307. Requirement for independent cost analysis 
(a) DEFINITION OF IMPLEMENTATION.—In this section, the term ‘‘imple-
mentation’’ 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, certifi-
cation, 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 implementa-
tion 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 Con-
gress. In developing cost accounting and reporting standards for carrying 
out this section, the Administrator shall, to the extent practicable and con-
sistent with other laws, solicit the advice of experts outside of the Adminis-
tration. 
§ 30308. Cost effectiveness calculations 
(a) DEFINITIONS.—In this section: 
(1) COMMERCIAL
PROVIDER.—The term ‘‘commercial provider’’ 
means any person providing space transportation services or other 
space-related activities, the primary control of which is held by persons 
other than a Federal, State, local, or foreign government.
(2) STATE.—The term ‘‘State’’ means each of the several States of 
the United States, the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, and any other commonwealth, 
territory, or possession of the United States. 
(b) IN GENERAL.—Except as otherwise required by law, in calculating the 
cost effectiveness of the cost of the Administration engaging in an activity 
as compared to a commercial provider, the Administrator shall compare the 
cost of the Administration engaging in the activity using full cost account-
ing principles with the price the commercial provider will charge for such 
activity. 
§ 30309. Use of abandoned and underutilized buildings, 
grounds, and facilities 
(a) DEFINITION
OF DEPRESSED COMMUNITIES.—In this section, the 
term ‘‘depressed communities’’ means rural and urban communities that are 
relatively depressed, in terms of age of housing, extent of poverty, growth 
of per capita income, extent of unemployment, job lag, or surplus labor. 
(b) IN GENERAL.—In any case in which the Administrator considers the 
purchase, lease, or expansion of a facility to meet requirements of the Ad-
ministration, the Administrator shall consider whether those requirements 
could be met by the use of one of the following: 
(1) Abandoned or underutilized buildings, grounds, and facilities in 
depressed communities that can be converted to Administration usage 
at a reasonable cost, as determined by the Administrator. 
(2) Any military installation that is closed or being closed, or any 
facility at such an installation. 
(3) Any other facility or part of a facility that the Administrator de-
termines to be— 
(A) owned or leased by the United States for the use of another 
agency of the Federal Government; and 
(B) considered by the head of the agency involved to be— 
(i) excess to the needs of that agency; or 
(ii) underutilized by that agency. 
§ 30310. Exception to alternative fuel procurement require-
ment 
Section 526(a) of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17142(a)) does not prohibit the Administration from entering into 
a contract to purchase a generally available fuel that is not an alternative 
or synthetic fuel or predominantly produced from a nonconventional petro-
leum source, if—