To enact certain laws relating to national and commercial space programs as title 51, United States Code, "National and Commercial Space Programs".
PL 111-314 (H.R.3237), enacted 12/18/2010

124 STAT. 3328 
PUBLIC LAW 111–314—DEC. 18, 2010 
Public Law 111–314 
111th Congress 
An Act 
To enact certain laws relating to national and commercial space programs as title 
51, United States Code, ‘‘National and Commercial Space Programs’’. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
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 posi-
tive 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, con-
tradictions, and other imperfections, 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 
Programs’’, 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 
5 USC note prec. 
10101. 
5 USC note prec. 
10101. 
Dec. 18, 2010 
[H.R. 3237] 
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124 STAT. 3329 
PUBLIC LAW 111–314—DEC. 18, 2010 
Subtitle III—Administrative Provisions 
301. Appropriations, Budgets, and Accounting ................................................ 30101 
303. Contracting and Procurement ................................................................... 30301 
305. Management and Review ........................................................................... 30501 
307. International Cooperation and Competition ............................................. 30701 
309. Awards ......................................................................................................... 30901 
311. Safety ........................................................................................................... 31101 
313. Healthcare ................................................................................................... 31301 
315. Miscellaneous .............................................................................................. 31501 
Subtitle IV—Aeronautics and Space Research and Education 
401. Aeronautics ................................................................................................. 40101 
403. National Space Grant College and Fellowship Program ......................... 40301 
405. Biomedical Research in Space ................................................................... 40501 
407. Environmentally Friendly Aircraft ........................................................... 40701 
409. Miscellaneous .............................................................................................. 40901 
Subtitle V—Programs Targeting Commercial Opportunities 
501. Space Commerce ......................................................................................... 50101 
503. Commercial Reusable In-Space Transportation ....................................... 50301 
505. Commercial Space Competitiveness .......................................................... 50501 
507. Office of Space 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 
National Aeronautics and Space Administration. 
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the National Aeronautics and Space Adminis-
tration. 
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124 STAT. 3330 
PUBLIC LAW 111–314—DEC. 18, 2010 
Subtitle II—General Program and Policy 
Provisions 
CHAPTER 201—NATIONAL AERONAUTICS AND SPACE 
PROGRAM 
SUBCHAPTER I—SHORT TITLE, DECLARATION OF POLICY, AND 
DEFINITIONS 
Sec. 
20101.
Short title. 
20102.
Congressional declaration of policy and purpose. 
20103.
Definitions. 
SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE 
ACTIVITIES 
20111.
National Aeronautics and Space Administration. 
20112.
Functions of the Administration. 
20113.
Powers of the Administration in performance of functions. 
20114.
Administration and Department of Defense coordination. 
20115.
International cooperation. 
20116.
Reports to Congress. 
20117.
Disposal of excess land. 
SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 
20131.
Public access to information. 
20132.
Security requirements. 
20133.
Permission to carry firearms. 
20134.
Arrest authority. 
20135.
Property rights in inventions. 
20136.
Contributions awards. 
20137.
Malpractice and negligence suits against United States. 
20138.
Insurance and indemnification. 
20139.
Insurance for experimental aerospace vehicles. 
20140.
Appropriations. 
20141.
Misuse of agency name and initials. 
20142.
Contracts regarding expendable launch vehicles. 
20143.
Full cost appropriations account structure. 
20144.
Prize authority. 
20145.
Lease of non-excess property. 
20146.
Retrocession of jurisdiction. 
20147.
Recovery and disposition authority. 
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 
BENEFIT OF ALL HUMANKIND.—Congress declares that it is the 
policy of the United States that activities in space should be devoted 
to peaceful purposes for the benefit of all humankind. 
(b) AERONAUTICAL
AND SPACE ACTIVITIES
FOR WELFARE
AND 
SECURITY OF UNITED STATES.—Congress declares that the general 
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124 STAT. 3331 
PUBLIC LAW 111–314—DEC. 18, 2010 
welfare and security of the United States require that adequate 
provision be made for aeronautical and space activities. Congress 
further declares that such activities shall be the responsibility 
of, and shall be directed by, a civilian agency exercising control 
over aeronautical and space activities sponsored by the United 
States, except that activities peculiar to or primarily associated 
with the development of weapons systems, military operations, or 
the defense of the United States (including the research and 
development necessary to make effective provision for the defense 
of the United States) shall be the responsibility of, and shall be 
directed by, the Department of Defense; and that determination 
as to which agency has responsibility for and direction of any 
such activity shall be made by the President. 
(c) COMMERCIAL USE OF SPACE.—Congress declares that the gen-
eral welfare of the United States requires that the Administration 
seek and encourage, to the maximum extent possible, the fullest 
commercial use of space. 
(d) OBJECTIVES OF AERONAUTICAL AND SPACE ACTIVITIES.—The 
aeronautical and space activities of the United States shall be 
conducted so as to contribute materially to one or more of the 
following objectives: 
(1) The expansion of human knowledge of the Earth and 
of phenomena in the atmosphere and space. 
(2) The improvement of the usefulness, performance, speed, 
safety, and efficiency of aeronautical and space vehicles. 
(3) The development and operation of vehicles capable of 
carrying instruments, equipment, supplies, and living orga-
nisms through space. 
(4) The establishment of long-range studies of the potential 
benefits to be gained from, the opportunities for, and the prob-
lems involved in the utilization of aeronautical and space activi-
ties for peaceful and scientific purposes. 
(5) The preservation of the role of the United States as 
a leader in aeronautical and space science and technology and 
in the application thereof to the conduct of peaceful activities 
within and outside the atmosphere. 
(6) The making available to agencies directly concerned with 
national defense of discoveries that have military value or 
significance, and the furnishing by such agencies, to the civilian 
agency established to direct and control nonmilitary aero-
nautical and space activities, of information as to discoveries 
which have value or significance to that agency. 
(7) Cooperation by the United States with other nations 
and groups of nations in work done pursuant to this chapter 
and in the peaceful application of the results thereof. 
(8) The most effective utilization of the scientific and 
engineering resources of the United States, with close coopera-
tion among all interested agencies of the United States in 
order to avoid unnecessary duplication of effort, facilities, and 
equipment. 
(9) The preservation of the United States preeminent position 
in aeronautics and space through research and technology 
development related to associated manufacturing processes. 
(e) GROUND PROPULSION SYSTEMS RESEARCH
AND DEVELOP-
MENT.—Congress declares that the general welfare of the United 
States requires that the unique competence in scientific and 
engineering systems of the Administration also be directed toward 
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124 STAT. 3332 
PUBLIC LAW 111–314—DEC. 18, 2010 
ground propulsion systems research and development. Such develop-
ment shall be conducted so as to contribute to the objectives of 
developing energy and petroleum-conserving ground propulsion sys-
tems, and of minimizing the environmental degradation caused 
by such systems. 
(f) BIOENGINEERING RESEARCH, DEVELOPMENT, AND DEMONSTRA-
TION 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 demonstra-
tion programs designed to alleviate and minimize the effects of 
disability. 
(g) WARNING AND MITIGATION OF POTENTIAL HAZARDS OF NEAR- 
EARTH OBJECTS.—Congress declares that the general welfare and 
security of the United States require that the unique competence 
of the Administration be directed to detecting, tracking, cataloguing, 
and characterizing near-Earth asteroids and comets in order to 
provide warning and mitigation of the potential hazard of such 
near-Earth objects to the Earth. 
(h) PURPOSE
OF CHAPTER.—It is the purpose of this chapter 
to carry out and effectuate the policies declared in subsections 
(a) to (g). 
§ 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 research purposes of aeronautical and space vehicles; 
(C) the operation of a space transportation system 
including the space shuttle, upper stages, space platforms, 
and related equipment; and 
(D) such other activities as may be required for the 
exploration of space. 
(2) AERONAUTICAL AND SPACE VEHICLES.—The term ‘‘aero-
nautical and space vehicles’’ means aircraft, missiles, satellites, 
and other space vehicles, manned and unmanned, together 
with related equipment, devices, components, and parts. 
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 Adminis-
tration. The Administration shall be headed by an Administrator, 
who shall be appointed from civilian life by the President by and 
with the advice and consent of the Senate. Under the supervision 
and direction of the President, the Administrator shall be respon-
sible 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 Administra-
tion a Deputy Administrator, who shall be appointed from civilian 
life by the President by and with the advice and consent of the 
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124 STAT. 3333 
PUBLIC LAW 111–314—DEC. 18, 2010 
Senate. The Deputy Administrator shall perform such duties and 
exercise such powers as the Administrator may prescribe. The 
Deputy Administrator shall act for, and exercise the powers of, 
the Administrator during the Administrator’s absence or disability. 
(c) RESTRICTION
ON OTHER BUSINESS
OR EMPLOYMENT.—The 
Administrator and the Deputy Administrator shall not engage in 
any other business, vocation, or employment while serving as such. 
§ 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 observa-
tions; 
(3) provide for the widest practicable and appropriate dissemi-
nation of information concerning its activities and the results 
thereof; 
(4) seek and encourage, to the maximum extent possible, 
the fullest commercial use of space; and 
(5) encourage and provide for Federal Government use of 
commercially provided space services and hardware, consistent 
with the requirements of the Federal Government. 
(b) RESEARCH AND DEVELOPMENT IN CERTAIN TECHNOLOGIES.— 
(1) GROUND PROPULSION TECHNOLOGIES.—The Administration 
shall, to the extent of appropriated funds, initiate, support, 
and carry out such research, development, demonstration, and 
other related activities in ground propulsion technologies as 
are provided for in sections 4 to 10 of the Electric and Hybrid 
Vehicle Research, Development, and Demonstration Act of 1976 
(15 U.S.C. 2503 to 2509). 
(2) SOLAR
HEATING
AND
COOLING
TECHNOLOGIES.—The 
Administration shall initiate, support, and carry out such 
research, development, demonstrations, and other related 
activities in solar heating and cooling technologies (to the extent 
that funds are appropriated therefor) as are provided for in 
sections 5, 6, and 9 of the Solar Heating and Cooling Dem-
onstration 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 func-
tions, the Administration is authorized to appoint and fix the com-
pensation 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— 
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124 STAT. 3334 
PUBLIC LAW 111–314—DEC. 18, 2010 
(1) to the extent the Administrator deems such action nec-
essary to the discharge of the Administrator’s responsibilities, 
the Administrator may appoint not more than 425 of the sci-
entific, engineering, and administrative personnel of the 
Administration without regard to such laws, and may fix the 
compensation of such personnel not in excess of the rate of 
basic pay payable for level III of the Executive Schedule; and 
(2) to the extent the Administrator deems such action nec-
essary to recruit specially qualified scientific and engineering 
talent, the Administrator may establish the entrance grade 
for scientific and engineering personnel without previous service 
in the Federal Government at a level up to 2 grades higher 
than the grade provided for such personnel under the General 
Schedule, and fix their compensation accordingly. 
(c) PROPERTY.—In the performance of its functions, the Adminis-
tration is authorized— 
(1) to acquire (by purchase, lease, condemnation, or other-
wise), construct, improve, repair, operate, and maintain labora-
tories, research and testing sites and facilities, aeronautical 
and space vehicles, quarters and related accommodations for 
employees and dependents of employees of the Administration, 
and such other real and personal property (including patents), 
or any interest therein, as the Administration deems necessary 
within and outside the continental United States; 
(2) to acquire by lease or otherwise, through the Adminis-
trator of General Services, buildings or parts of buildings in 
the District of Columbia for the use of the Administration 
for a period not to exceed 10 years without regard to section 
8141 of title 40; 
(3) to lease to others such real and personal property; 
(4) to sell and otherwise dispose of real and personal property 
(including patents and rights thereunder) in accordance with 
the provisions of chapters 1 to 11 of title 40 and in accordance 
with title III of the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 251 et seq.); and 
(5) to provide by contract or otherwise for cafeterias and 
other necessary facilities for the welfare of employees of the 
Administration at its installations and purchase and maintain 
equipment therefor. 
(d) GIFTS.—In the performance of its functions, the Administra-
tion is authorized to accept unconditional gifts or donations of 
services, money, or property, real, personal, or mixed, tangible 
or intangible. 
(e) CONTRACTS, LEASES, AND AGREEMENTS.—In the performance 
of its functions, the Administration is authorized, without regard 
to subsections (a) and (b) of section 3324 of title 31, to enter 
into and perform such contracts, leases, cooperative agreements, 
or other transactions as may be necessary in the conduct of its 
work and on such terms as it may deem appropriate, with any 
agency or instrumentality of the United States, or with any State, 
territory, or possession, or with any political subdivision thereof, 
or with any person, firm, association, corporation, or educational 
institution. To the maximum extent practicable and consistent with 
the accomplishment of the purpose of this chapter, such contracts, 
leases, agreements, and other transactions shall be allocated by 
the Administrator in a manner which will enable small-business 
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124 STAT. 3335 
PUBLIC LAW 111–314—DEC. 18, 2010 
concerns to participate equitably and proportionately in the conduct 
of the work of the Administration. 
(f) COOPERATION WITH FEDERAL AGENCIES AND OTHERS.—In the 
performance of its functions, the Administration is authorized to 
use, with their consent, the services, equipment, personnel, and 
facilities of Federal and other agencies with or without reimburse-
ment, and on a similar basis to cooperate with other public and 
private agencies and instrumentalities in the use of services, equip-
ment, and facilities. Each department and agency of the Federal 
Government shall cooperate fully with the Administration in 
making its services, equipment, personnel, and facilities available 
to the Administration, and any such department or agency is 
authorized, notwithstanding any other provision of law, to transfer 
to or to receive from the Administration, without reimbursement, 
aeronautical and space vehicles, and supplies and equipment other 
than administrative supplies or equipment. 
(g) ADVISORY COMMITTEES.—In the performance of its functions, 
the Administration is authorized to appoint such advisory commit-
tees as may be appropriate for purposes of consultation and advice 
to the Administration. 
(h) OFFICES AND PROCEDURES.—In the performance of its func-
tions, the Administration is authorized to establish within the 
Administration such offices and procedures as may be appropriate 
to provide for the greatest possible coordination of its activities 
under this chapter with related scientific and other activities being 
carried on by other public and private agencies and organizations. 
(i) TEMPORARY
OR
INTERMITTENT
SERVICES
OF
EXPERTS
OR 
CONSULTANTS.—In the performance of its functions, the Administra-
tion is authorized to obtain services as provided by section 3109 
of title 5, but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable under section 5376 
of title 5. 
(j) ALIENS.—In the performance of its functions, the Administra-
tion is authorized, when determined by the Administrator to be 
necessary, and subject to such security investigations as the 
Administrator may determine to be appropriate, to employ aliens 
without regard to statutory provisions prohibiting payment of com-
pensation to aliens. 
(k) CONCESSIONS FOR VISITORS’ FACILITIES.— 
(1) IN GENERAL.—In the performance of its functions, the 
Administration is authorized to provide by concession, without 
regard to section 1302 of title 40, on such terms as the Adminis-
trator may deem to be appropriate and necessary to protect 
the concessioner against loss of the concessioner’s investment 
in property (but not anticipated profits) resulting from the 
Administration’s discretionary acts and decisions, for the 
construction, maintenance, and operation of all manner of facili-
ties and equipment for visitors to the several installations 
of the Administration and, in connection therewith, to provide 
services incident to the dissemination of information concerning 
its activities to such visitors, without charge or with a reason-
able charge therefor (with this authority being in addition 
to any other authority that the Administration may have to 
provide facilities, equipment, and services for visitors to its 
installations). 
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124 STAT. 3336 
PUBLIC LAW 111–314—DEC. 18, 2010 
(2) PUBLIC NOTICE AND DUE CONSIDERATION OF PROPOSALS.— 
A concession agreement under this subsection may be nego-
tiated with any qualified proposer following due consideration 
of all proposals received after reasonable public notice of the 
intention to contract. 
(3) REASONABLE OPPORTUNITY FOR PROFIT.—The concessioner 
shall be afforded a reasonable opportunity to make a profit 
commensurate with the capital invested and the obligations 
assumed. The consideration paid by the concessioner for the 
concession shall be based on the probable value of the oppor-
tunity and not on maximizing revenue to the United States. 
(4) RECORDS
AND
ACCESS
TO
RECORDS.—Each concession 
agreement shall specify the manner in which the concessioner’s 
records are to be maintained, and shall provide for access 
to the records by the Administration and the Comptroller Gen-
eral of the United States for a period of 5 years after the 
close of the business year to which the records relate. 
(5) POSSESSORY INTERESTS.—A concessioner may be accorded 
a possessory interest, consisting of all incidents of ownership 
except legal title (which shall vest in the United States), in 
any structure, fixture, or improvement the concessioner con-
structs or locates upon land owned by the United States. With 
the approval of the Administration, such possessory interest 
may be assigned, transferred, encumbered, or relinquished by 
the concessioner, and, unless otherwise provided by contract, 
shall not be extinguished by the expiration or other termination 
of the concession and may not be taken for public use without 
just compensation. 
(l) DETAILING MEMBERS OF ARMED SERVICES.—In the performance 
of its functions, the Administration is authorized, with the approval 
of the President, to enter into cooperative agreements under which 
members of the Army, Navy, Air Force, and Marine Corps may 
be detailed by the appropriate Secretary for services in the perform-
ance of functions under this chapter to the same extent as that 
to which they might be lawfully assigned in the Department of 
Defense. 
(m) CLAIMS AGAINST THE UNITED STATES.—In the performance 
of its functions, the Administration is authorized— 
(1) to consider, ascertain, adjust, determine, settle, and pay, 
on behalf of the United States, in full satisfaction thereof, 
any claim for $25,000 or less against the United States for 
bodily injury, death, or damage to or loss of real or personal 
property resulting from the conduct of the Administration’s 
functions as specified in section 20112(a) of this title, where 
such claim is presented to the Administration in writing within 
2 years after the accident or incident out of which the claim 
arises; and 
(2) if the Administration considers that a claim in excess 
of $25,000 is meritorious and would otherwise be covered by 
this subsection, to report the facts and circumstances to Con-
gress for its consideration. 
§ 20114. Administration 
and 
Department 
of 
Defense 
coordination 
(a) ADVISE AND CONSULT.—The Administration and the Depart-
ment of Defense, through the President, shall advise and consult 
with each other on all matters within their respective jurisdictions 
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124 STAT. 3337 
PUBLIC LAW 111–314—DEC. 18, 2010 
related to aeronautical and space activities and shall keep each 
other fully and currently informed with respect to such activities. 
(b) REFERRAL TO THE PRESIDENT.—If the Secretary of Defense 
concludes that any request, action, proposed action, or failure to 
act on the part of the Administrator is adverse to the responsibilities 
of the Department of Defense, or the Administrator concludes that 
any request, action, proposed action, or failure to act on the part 
of the Department of Defense is adverse to the responsibilities 
of the Administration, and the Administrator and the Secretary 
of Defense are unable to reach an agreement with respect to the 
matter, either the Administrator or the Secretary of Defense may 
refer the matter to the President for a decision (which shall be 
final). 
§ 20115. International cooperation 
The Administration, under the foreign policy guidance of the 
President, may engage in a program of international cooperation 
in work done pursuant to this chapter, and in the peaceful applica-
tion of the results thereof, pursuant to agreements made by the 
President with the advice and consent of the Senate. 
§ 20116. Reports to Congress 
(a) PRESIDENTIAL REPORT.—The President shall transmit to Con-
gress in May of each year a report, which shall include— 
(1) a comprehensive description of the programmed activities 
and the accomplishments of all agencies of the United States 
in the field of aeronautics and space activities during the pre-
ceding fiscal year; and 
(2) an evaluation of such activities and accomplishments in 
terms of the attainment of, or the failure to attain, the objec-
tives described in section 20102(d) of this title. 
(b) RECOMMENDATIONS
FOR
ADDITIONAL
LEGISLATION.—Any 
report made under this section shall contain such recommendations 
for additional legislation as the Administrator or the President 
may consider necessary or desirable for the attainment of the objec-
tives described in section 20102(d) of this title. 
(c) CLASSIFIED INFORMATION.—No information that has been 
classified for reasons of national security shall be included in any 
report made under this section, unless the information has been 
declassified by, or pursuant to authorization given by, the President. 
§ 20117. Disposal of excess land 
Notwithstanding the provisions of this or any other law, the 
Administration may not report to a disposal agency as excess to 
the needs of the Administration any land having an estimated 
value in excess of $50,000 that is owned by the United States 
and under the jurisdiction and control of the Administration, 
unless— 
(1) a period of 30 days has passed after the receipt by the 
Speaker and the Committee on Science and Technology of the 
House of Representatives and the President and the Committee 
on Commerce, Science, and Transportation of the Senate of 
a report by the Administrator or the Administrator’s designee 
containing a full and complete statement of the action proposed 
to be taken and the facts and circumstances relied upon in 
support of such action; or 
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124 STAT. 3338 
PUBLIC LAW 111–314—DEC. 18, 2010 
(2) each such committee before the expiration of that period 
has transmitted to the Administrator written notice to the 
effect that the committee has no objection to the proposed 
action. 
SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 
§ 20131. Public access to information 
(a) PUBLIC INSPECTION.—Information obtained or developed by 
the Administrator in the performance of the Administrator’s func-
tions under this chapter shall be made available for public inspec-
tion, except information— 
(1) authorized or required by Federal statute to be withheld; 
(2) classified to protect the national security; or 
(3) described in subsection (b). 
(b) SPECIAL HANDLING
OF TRADE SECRET
OR CONFIDENTIAL 
INFORMATION.— 
(1) IN GENERAL.—The Administrator, for a period of up to 
5 years after the development of information described in para-
graph (2), may provide appropriate protections against the 
dissemination of such information, including exemption from 
subchapter II of chapter 5 of title 5. 
(2) INFORMATION
DESCRIBED.—Information referred to in 
paragraph (1) is information that results from activities con-
ducted under an agreement entered into under subsections 
(e) and (f) of section 20113 of this title, and that would be 
a trade secret or commercial or financial information that is 
privileged or confidential under the meaning of section 552(b)(4) 
of title 5 if the information had been obtained from a non- 
Federal party participating in such an agreement. 
(c) COMMITTEES OF CONGRESS.—Nothing in this chapter author-
izes the withholding of information by the Administrator from the 
duly authorized committees of Congress. 
§ 20132. Security requirements 
The Administrator shall establish such security requirements, 
restrictions, and safeguards as the Administrator deems necessary 
in the interest of the national security. The Administrator may 
arrange with the Director of the Office of Personnel Management 
for the conduct of such security or other personnel investigations 
of the Administration’s officers, employees, and consultants, and 
its contractors and subcontractors and their officers and employees, 
actual or prospective, as the Administrator deems appropriate. If 
any such investigation develops any data reflecting that the indi-
vidual 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. 
§ 20133. Permission to carry firearms 
As the Administrator deems necessary in the public interest, 
the Administrator may— 
(1) direct officers and employees of the Administration to 
carry firearms while in the conduct of their official duties; 
and 
(2) authorize employees of contractors and subcontractors 
of the Administration who are engaged in the protection of 
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124 STAT. 3339 
PUBLIC LAW 111–314—DEC. 18, 2010 
property owned by the United States, and located at facilities 
owned by or contracted to the United States, to carry firearms 
while in the conduct of their official duties. 
§ 20134. Arrest authority 
Under regulations prescribed by the Administrator and approved 
by the Attorney General, employees of the Administration and 
of its contractors and subcontractors authorized to carry firearms 
under section 20133 of this title may arrest without warrant for 
any offense against the United States committed in their presence, 
or for any felony cognizable under the laws of the United States 
if they have reasonable grounds to believe that the person to be 
arrested has committed or is committing such felony. Persons 
granted authority to make arrests by this section may exercise 
that authority only while guarding and protecting property owned 
or leased by, or under the control of, the United States under 
the administration and control of the Administration or one of 
its contractors or subcontractors, at facilities owned by or contracted 
to the Administration. 
§ 20135. Property rights in inventions 
(a) DEFINITIONS.—In this section: 
(1) CONTRACT.—The term ‘‘contract’’ means any actual or 
proposed contract, agreement, understanding, or other arrange-
ment, and includes any assignment, substitution of parties, 
or subcontract executed or entered into thereunder. 
(2) MADE.—The term ‘‘made’’, when used in relation to any 
invention, means the conception or first actual reduction to 
practice of such invention. 
(3) PERSON.—The term ‘‘person’’ means any individual, part-
nership, corporation, association, institution, or other entity. 
(b) EXCLUSIVE PROPERTY OF UNITED STATES.— 
(1) IN GENERAL.—An invention shall be the exclusive property 
of the United States if it is made in the performance of any 
work under any contract of the Administration, and the 
Administrator determines that— 
(A) the person who made the invention was employed 
or assigned to perform research, development, or explo-
ration work and the invention is related to the work the 
person was employed or assigned to perform, or was within 
the scope of the person’s employment duties, whether or 
not it was made during working hours, or with a contribu-
tion by the Government of the use of Government facilities, 
equipment, materials, allocated funds, information propri-
etary to the Government, or services of Government 
employees during working hours; or 
(B) the person who made the invention was not employed 
or assigned to perform research, development, or explo-
ration work, but the invention is nevertheless related to 
the contract, or to the work or duties the person was 
employed or assigned to perform, and was made during 
working hours, or with a contribution from the Government 
of the sort referred to in subparagraph (A). 
(2) PATENT TO UNITED STATES.—If an invention is the exclu-
sive property of the United States under paragraph (1), and 
if such invention is patentable, a patent therefor shall be issued 
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124 STAT. 3340 
PUBLIC LAW 111–314—DEC. 18, 2010 
to the United States upon application made by the Adminis-
trator, unless the Administrator waives all or any part of the 
rights of the United States to such invention in conformity 
with the provisions of subsection (g). 
(c) CONTRACT PROVISIONS FOR FURNISHING REPORTS OF INVEN-
TIONS, DISCOVERIES, IMPROVEMENTS, OR INNOVATIONS.—Each con-
tract entered into by the Administrator with any party for the 
performance of any work shall contain effective provisions under 
which the party shall furnish promptly to the Administrator a 
written report containing full and complete technical information 
concerning any invention, discovery, improvement, or innovation 
which may be made in the performance of any such work. 
(d) PATENT APPLICATION.—No patent may be issued to any 
applicant other than the Administrator for any invention which 
appears to the Under Secretary of Commerce for Intellectual Prop-
erty and Director of the United States Patent and Trademark 
Office (hereafter in this section referred to as the ‘‘Director’’) to 
have significant utility in the conduct of aeronautical and space 
activities unless the applicant files with the Director, with the 
application or within 30 days after request therefor by the Director, 
a written statement executed under oath setting forth the full 
facts concerning the circumstances under which the invention was 
made and stating the relationship (if any) of the invention to 
the performance of any work under any contract of the Administra-
tion. Copies of each such statement and the application to which 
it relates shall be transmitted forthwith by the Director to the 
Administrator. 
(e) ISSUANCE OF PATENT TO APPLICANT.—Upon any application 
as to which any such statement has been transmitted to the 
Administrator, the Director may, if the invention is patentable, 
issue a patent to the applicant unless the Administrator, within 
90 days after receipt of the application and statement, requests 
that the patent be issued to the Administrator on behalf of the 
United States. If, within such time, the Administrator files such 
a request with the Director, the Director shall transmit notice 
thereof to the applicant, and shall issue such patent to the Adminis-
trator unless the applicant within 30 days after receipt of the 
notice requests a hearing before the Board of Patent Appeals and 
Interferences on the question whether the Administrator is entitled 
under this section to receive the patent. The Board may hear 
and determine, in accordance with rules and procedures established 
for interference cases, the question so presented, and its determina-
tion shall be subject to appeal by the applicant or by the Adminis-
trator to the United States Court of Appeals for the Federal Circuit 
in accordance with procedures governing appeals from decisions 
of the Board of Patent Appeals and Interferences in other pro-
ceedings. 
(f) SUBSEQUENT TRANSFER OF PATENT IN CASE OF FALSE REP-
RESENTATIONS.—Whenever a patent has been issued to an applicant 
in conformity with subsection (e), and the Administrator thereafter 
has reason to believe that the statement filed by the applicant 
in connection with the patent contained a false representation of 
a material fact, the Administrator, within 5 years after the date 
of issuance of the patent, may file with the Director a request 
for the transfer to the Administrator of title to the patent on 
the records of the Director. Notice of any such request shall be 
transmitted by the Director to the owner of record of the patent, 
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124 STAT. 3341 
PUBLIC LAW 111–314—DEC. 18, 2010 
and title to the patent shall be so transferred to the Administrator 
unless, within 30 days after receipt of notice, the owner of record 
requests a hearing before the Board of Patent Appeals and Inter-
ferences on the question whether any such false representation 
was contained in the statement filed in connection with the patent. 
The question shall be heard and determined, and the determination 
shall be subject to review, in the manner prescribed by subsection 
(e) for questions arising thereunder. A request made by the 
Administrator under this subsection for the transfer of title to 
a patent, and prosecution for the violation of any criminal statute, 
shall not be barred by the failure of the Administrator to make 
a request under subsection (e) for the issuance of the patent to 
the Administrator, or by any notice previously given by the Adminis-
trator stating that the Administrator had no objection to the 
issuance of the patent to the applicant. 
(g) WAIVER OF RIGHTS TO INVENTIONS.—Under such regulations 
in conformity with this subsection as the Administrator shall pre-
scribe, the Administrator may waive all or any part of the rights 
of the United States under this section with respect to any invention 
or class of inventions made or which may be made by any person 
or class of persons in the performance of any work required by 
any contract of the Administration if the Administrator determines 
that the interests of the United States will be served thereby. 
Any such waiver may be made upon such terms and under such 
conditions as the Administrator shall determine to be required 
for the protection of the interests of the United States. Each such 
waiver made with respect to any invention shall be subject to 
the reservation by the Administrator of an irrevocable, nonexclusive, 
nontransferable, royalty-free license for the practice of such inven-
tion throughout the world by or on behalf of the United States 
or any foreign government pursuant to any treaty or agreement 
with the United States. Each proposal for any waiver under this 
subsection shall be referred to an Inventions and Contributions 
Board which shall be established by the Administrator within the 
Administration. Such Board shall accord to each interested party 
an opportunity for hearing, and shall transmit to the Administrator 
its findings of fact with respect to such proposal and its rec-
ommendations for action to be taken with respect thereto. 
(h) PROTECTION OF TITLE.—The Administrator is authorized to 
take all suitable and necessary steps to protect any invention or 
discovery to which the Administrator has title, and to require 
contractors or persons who retain title to inventions or discoveries 
under this section to protect the inventions or discoveries to which 
the Administration has or may acquire a license of use. 
(i) ADMINISTRATION AS DEFENSE AGENCY.—The Administration 
shall be considered a defense agency of the United States for the 
purpose of chapter 17 of title 35. 
(j) OBJECTS INTENDED FOR LAUNCH, LAUNCHED, OR ASSEMBLED 
IN OUTER SPACE.—Any object intended for launch, launched, or 
assembled in outer space shall be considered a vehicle for the 
purpose of section 272 of title 35. 
(k) USE
OR MANUFACTURE
OF PATENTED INVENTIONS INCOR-
PORATED IN SPACE VEHICLES LAUNCHED FOR PERSONS OTHER THAN 
UNITED STATES.—The use or manufacture of any patented invention 
incorporated in a space vehicle launched by the United States 
Government for a person other than the United States shall not 
be considered to be a use or manufacture by or for the United 
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124 STAT. 3342 
PUBLIC LAW 111–314—DEC. 18, 2010 
States within the meaning of section 1498(a) of title 28, unless 
the Administration gives an express authorization or consent for 
such use or manufacture. 
§ 20136. Contributions awards 
(a) APPLICATIONS.—Subject to the provisions of this section, the 
Administrator is authorized, on the Administrator’s own initiative 
or on application of any person, to make a monetary award, in 
an amount and on terms the Administrator determines to be war-
ranted, to any person (as defined by section 20135(a) of this title) 
for any scientific or technical contribution to the Administration 
which is determined by the Administrator to have significant value 
in the conduct of aeronautical and space activities. Each application 
made for such an award shall be referred to the Inventions and 
Contributions Board established under section 20135 of this title. 
Such Board shall accord to each applicant an opportunity for 
hearing on the application, and shall transmit to the Administrator 
its recommendation as to the terms of the award, if any, to be 
made to the applicant for the contribution. In determining the 
terms and conditions of an award the Administrator shall take 
into account— 
(1) the value of the contribution to the United States; 
(2) the aggregate amount of any sums which have been 
expended by the applicant for the development of the contribu-
tion; 
(3) the amount of any compensation (other than salary 
received for services rendered as an officer or employee of 
the Government) previously received by the applicant for or 
on account of the use of the contribution by the United States; 
and 
(4) any other factors the Administrator determines to be 
material. 
(b) APPORTIONMENT
OF AWARDS.—If more than one applicant 
under subsection (a) claims an interest in the same contribution, 
the Administrator shall ascertain and determine the respective 
interests of the applicants, and shall apportion any award to be 
made among the applicants in amounts the Administrator deter-
mines to be equitable. 
(c) SURRENDER OF OTHER CLAIMS.—No award may be made under 
subsection (a) unless the applicant surrenders, by means the 
Administrator determines to be effective, all claims that the 
applicant may have to receive any compensation (other than the 
award made under this section) for the use of the contribution 
or any element thereof at any time by or on behalf of the United 
States, or by or on behalf of any foreign government pursuant 
to a treaty or agreement with the United States, within the United 
States or at any other place. 
(d) REPORT AND WAITING PERIOD.—No award may be made under 
subsection (a) in an amount exceeding $100,000 unless the Adminis-
trator transmits to the appropriate committees of Congress a full 
and complete report concerning the amount and terms of, and 
the basis for, the proposed award, and a period of 30 calendar 
days of regular session of Congress expires after receipt of the 
report by the committees. 
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124 STAT. 3343 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 20137. Malpractice and negligence suits against United 
States 
(a) EXCLUSIVE REMEDY.—The remedy against the United States 
provided by sections 1346(b) and 2672 of title 28, for damages 
for personal injury, including death, caused by the negligent or 
wrongful act or omission of any physician, dentist, nurse, phar-
macist, or paramedical or other supporting personnel (including 
medical and dental technicians, nursing assistants, and therapists) 
of the Administration in the performance of medical, dental, or 
related health care functions (including clinical studies and inves-
tigations) while acting within the scope of such person’s duties 
or employment therein or therefor shall be exclusive of any other 
civil action or proceeding by reason of the same subject matter 
against such person (or the estate of such person) whose act or 
omission gave rise to the action or proceeding. 
(b) ATTORNEY GENERAL TO DEFEND ANY CIVIL ACTION OR PRO-
CEEDING FOR MALPRACTICE OR NEGLIGENCE.—The Attorney General 
shall defend any civil action or proceeding brought in any court 
against any person referred to in subsection (a) (or the estate 
of such person) for any such injury. Any such person against whom 
such civil action or proceeding is brought shall deliver within such 
time after date of service or knowledge of service as determined 
by the Attorney General, all process served upon such person or 
an attested true copy thereof to such person’s immediate superior 
or to whomever was designated by the Administrator to receive 
such papers. Such person shall promptly furnish copies of the 
pleading and process therein to the United States Attorney for 
the district embracing the place wherein the proceeding is brought, 
to the Attorney General, and to the Administrator. 
(c) REMOVAL OF ACTIONS.—Upon a certification by the Attorney 
General that any person described in subsection (a) was acting 
in the scope of such person’s duties or employment at the time 
of the incident out of which the suit arose, any such civil action 
or proceeding commenced in a State court shall be removed without 
bond at any time before trial by the Attorney General to the 
district court of the United States of the district and division 
embracing the place wherein it is pending and the proceeding 
deemed a tort action brought against the United States under 
the provisions of title 28, and all references thereto. Should a 
district court of the United States determine, on a hearing on 
a motion to remand held before a trial on the merits, that the 
case so removed is one in which a remedy by suit within the 
meaning of subsection (a) is not available against the United States, 
the case shall be remanded to the State court. 
(d) COMPROMISE OR SETTLEMENT OF CLAIMS.—The Attorney Gen-
eral may compromise or settle any claim asserted in such civil 
action or proceeding in the manner provided in section 2677 of 
title 28, and with the same effect. 
(e) APPLICABILITY OF OTHER PROVISIONS OF LAW.—For purposes 
of this section, the provisions of section 2680(h) of title 28 shall 
not apply to any cause of action arising out of a negligent or 
wrongful act or omission in the performance of medical, dental, 
or related health care functions (including clinical studies and inves-
tigations). 
(f) LIABILITY INSURANCE
FOR PERSONS ASSIGNED
TO FOREIGN 
COUNTRIES OR NON-FEDERAL AGENCIES.—The Administrator or the 
Administrator’s designee may, to the extent that the Administrator 
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124 STAT. 3344 
PUBLIC LAW 111–314—DEC. 18, 2010 
or the designee deems appropriate, hold harmless or provide liability 
insurance for any person described in subsection (a) for damages 
for personal injury, including death, caused by such person’s neg-
ligent or wrongful act or omission in the performance of medical, 
dental, or related health care functions (including clinical studies 
and investigations) while acting within the scope of such person’s 
duties if such person is assigned to a foreign country or detailed 
for service with other than a Federal department, agency, or 
instrumentality or if the circumstances are such as are likely to 
preclude the remedies of third persons against the United States 
described in section 2679(b) of title 28, for such damage or injury. 
§ 20138. Insurance and indemnification 
(a) DEFINITIONS.—In this section: 
(1) SPACE
VEHICLE.—The term ‘‘space vehicle’’ means an 
object intended for launch, launched, or assembled in outer 
space, including the space shuttle and other components of 
a space transportation system, together with related equipment, 
devices, components, and parts. 
(2) THIRD PARTY.—The term ‘‘third party’’ means any person 
who may institute a claim against a user for death, bodily 
injury, or loss of or damage to property. 
(3) USER.—The term ‘‘user’’ includes anyone who enters into 
an agreement with the Administration for use of all or a portion 
of a space vehicle, who owns or provides property to be flown 
on a space vehicle, or who employs a person to be flown on 
a space vehicle. 
(b) AUTHORIZATION.—The Administration is authorized on such 
terms and to the extent it may deem appropriate to provide liability 
insurance for any user of a space vehicle to compensate all or 
a portion of claims by third parties for death, bodily injury, or 
loss of or damage to property resulting from activities carried on 
in connection with the launch, operations, or recovery of the space 
vehicle. Appropriations available to the Administration may be 
used to acquire such insurance, but such appropriations shall be 
reimbursed to the maximum extent practicable by the users under 
reimbursement policies established pursuant to section 20113 of 
this title. 
(c) INDEMNIFICATION.—Under such regulations in conformity with 
this section as the Administrator shall prescribe taking into account 
the availability, cost, and terms of liability insurance, any agree-
ment between the Administration and a user of a space vehicle 
may provide that the United States will indemnify the user against 
claims (including reasonable expenses of litigation or settlement) 
by third parties for death, bodily injury, or loss of or damage 
to property resulting from activities carried on in connection with 
the launch, operations, or recovery of the space vehicle, but only 
to the extent that such claims are not compensated by liability 
insurance of the user. Such indemnification may be limited to 
claims resulting from other than the actual negligence or willful 
misconduct of the user. 
(d) TERMS
OF
INDEMNIFICATION
AGREEMENT.—An agreement 
made under subsection (c) that provides indemnification must also 
provide for— 
(1) notice to the United States of any claim or suit against 
the user for the death, bodily injury, or loss of or damage 
to the property; and 
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124 STAT. 3345 
PUBLIC LAW 111–314—DEC. 18, 2010 
(2) control of or assistance in the defense by the United 
States, at its election, of that suit or claim. 
(e) CERTIFICATION OF JUST AND REASONABLE AMOUNT.—No pay-
ment may be made under subsection (c) unless the Administrator 
or the Administrator’s designee certifies that the amount is just 
and reasonable. 
(f) PAYMENTS.—Upon the approval by the Administrator, pay-
ments under subsection (c) may be made, at the Administrator’s 
election, either from funds available for research and development 
not otherwise obligated or from funds appropriated for such pay-
ments. 
§ 20139. Insurance for experimental aerospace vehicles 
(a) DEFINITIONS.—In this section: 
(1) COOPERATING
PARTY.—The term ‘‘cooperating party’’ 
means any person who enters into an agreement with the 
Administration for the performance of cooperative scientific, 
aeronautical, or space activities to carry out the purposes of 
this chapter. 
(2) DEVELOPER.—The term ‘‘developer’’ means a United States 
person (other than a natural person) who— 
(A) is a party to an agreement with the Administration 
for the purpose of developing new technology for an experi-
mental aerospace vehicle; 
(B) owns or provides property to be flown or situated 
on that vehicle; or 
(C) employs a natural person to be flown on that vehicle. 
(3) EXPERIMENTAL AEROSPACE VEHICLE.—The term ‘‘experi-
mental aerospace vehicle’’ means an object intended to be flown 
in, or launched into, orbital or suborbital flight for the purpose 
of demonstrating technologies necessary for a reusable launch 
vehicle, developed under an agreement between the Administra-
tion and a developer. 
(4) RELATED ENTITY.—The term ‘‘related entity’’ includes a 
contractor or subcontractor at any tier, a supplier, a grantee, 
and an investigator or detailee. 
(b) IN GENERAL.—The Administrator may provide liability insur-
ance for, or indemnification to, the developer of an experimental 
aerospace vehicle developed or used in execution of an agreement 
between the Administration and the developer. 
(c) TERMS AND CONDITIONS.— 
(1) IN GENERAL.—Except as otherwise provided in this section, 
the insurance and indemnification provided by the Administra-
tion under subsection (b) to a developer shall be provided on 
the same terms and conditions as insurance and indemnifica-
tion is provided by the Administration under section 20138 
of this title to the user of a space vehicle. 
(2) INSURANCE.— 
(A) IN GENERAL.—A developer shall obtain liability insur-
ance or demonstrate financial responsibility in amounts 
to compensate for the maximum probable loss from claims 
by— 
(i) a third party for death, bodily injury, or property 
damage, or loss resulting from an activity carried out 
in connection with the development or use of an experi-
mental aerospace vehicle; and 
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124 STAT. 3346 
PUBLIC LAW 111–314—DEC. 18, 2010 
(ii) the United States Government for damage or 
loss to Government property resulting from such an 
activity. 
(B) MAXIMUM REQUIRED.—The Administrator shall deter-
mine the amount of insurance required, but, except as 
provided in subparagraph (C), that amount shall not be 
greater than the amount required under section 50914(a)(3) 
of this title for a launch. The Administrator shall publish 
notice of the Administrator’s determination and the 
applicable amount or amounts in the Federal Register 
within 10 days after making the determination. 
(C) INCREASE IN DOLLAR AMOUNTS.—The Administrator 
may increase the dollar amounts set forth in section 
50914(a)(3)(A) of this title for the purpose of applying that 
section under this section to a developer after consultation 
with the Comptroller General and such experts and consult-
ants as may be appropriate, and after publishing notice 
of the increase in the Federal Register not less than 180 
days before the increase goes into effect. The Administrator 
shall make available for public inspection, not later than 
the date of publication of such notice, a complete record 
of any correspondence received by the Administration, and 
a transcript of any meetings in which the Administration 
participated, regarding the proposed increase. 
(D) SAFETY
REVIEW
REQUIRED
BEFORE
ADMINISTRATOR 
PROVIDES INSURANCE.—The Administrator may not provide 
liability insurance or indemnification under subsection (b) 
unless the developer establishes to the satisfaction of the 
Administrator that appropriate safety procedures and prac-
tices are being followed in the development of the experi-
mental aerospace vehicle. 
(3) NO INDEMNIFICATION WITHOUT CROSS-WAIVER.—Notwith-
standing subsection (b), the Administrator may not indemnify 
a developer of an experimental aerospace vehicle under this 
section unless there is an agreement between the Administra-
tion and the developer described in subsection (d). 
(4) APPLICATION OF CERTAIN PROCEDURES.—If the Adminis-
trator requests additional appropriations to make payments 
under this section, like the payments that may be made under 
section 20138(c) of this title, then the request for those appro-
priations 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 Adminis-
trator, on behalf of the United States, and its departments, 
agencies, and instrumentalities, may reciprocally waive claims 
with a developer or cooperating party and with the related 
entities of that developer or cooperating party under which 
each party to the waiver agrees to be responsible, and agrees 
to ensure that its own related entities are responsible, for 
damage or loss to its property for which it is responsible, 
or for losses resulting from any injury or death sustained by 
its own employees or agents, as a result of activities connected 
to the agreement or use of the experimental aerospace vehicle. 
(2) LIMITATIONS.— 
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124 STAT. 3347 
PUBLIC LAW 111–314—DEC. 18, 2010 
(A) CLAIMS.—A reciprocal waiver under paragraph (1) 
may not preclude a claim by any natural person (including, 
but not limited to, a natural person who is an employee 
of the United States, the developer, the cooperating party, 
or their respective subcontractors) or that natural person’s 
estate, survivors, or subrogees for injury or death, except 
with respect to a subrogee that is a party to the waiver 
or has otherwise agreed to be bound by the terms of the 
waiver. 
(B) LIABILITY
FOR
NEGLIGENCE.—A reciprocal waiver 
under paragraph (1) may not absolve any party of liability 
to any natural person (including, but not limited to, a 
natural person who is an employee of the United States, 
the developer, the cooperating party, or their respective 
subcontractors) or such a natural person’s estate, survivors, 
or subrogees for negligence, except with respect to a 
subrogee that is a party to the waiver or has otherwise 
agreed to be bound by the terms of the waiver. 
(C) INDEMNIFICATION FOR DAMAGES.—A reciprocal waiver 
under paragraph (1) may not be used as the basis of 
a claim by the Administration, or the developer or cooper-
ating party, for indemnification against the other for dam-
ages paid to a natural person, or that natural person’s 
estate, survivors, or subrogees, for injury or death sustained 
by that natural person as a result of activities connected 
to the agreement or use of the experimental aerospace 
vehicle. 
(D) WILLFUL MISCONDUCT.—A reciprocal waiver under 
paragraph (1) may not relieve the United States, the devel-
oper, the cooperating party, or the related entities of the 
developer or cooperating party, of liability for damage or 
loss resulting from willful misconduct. 
(3) EFFECT ON PREVIOUS WAIVERS.—This subsection applies 
to any waiver of claims entered into by the Administration 
without regard to the date on which the Administration entered 
into the waiver. 
(e) RELATIONSHIP TO OTHER LAWS.— 
(1) SECTION 20138.—This section does not apply to any object, 
transaction, or operation to which section 20138 of this title 
applies. 
(2) SECTION 50919(g)(1).—The Administrator may not provide 
indemnification to a developer under this section for launches 
subject to license under section 50919(g)(1) of this title. 
(f) TERMINATION.— 
(1) IN GENERAL.—The provisions of this section shall termi-
nate on December 31, 2010. 
(2) EFFECT
OF
TERMINATION
ON
AGREEMENT.—The termi-
nation of this section shall not terminate or otherwise affect 
any cross-waiver agreement, insurance agreement, indemnifica-
tion 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, 
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124 STAT. 3348 
PUBLIC LAW 111–314—DEC. 18, 2010 
except that nothing in this chapter shall authorize the appro-
priation 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 sub-
section for the construction of facilities, or for research and 
development activities, shall remain available until expended. 
(b) USE OF FUNDS FOR EMERGENCY REPAIRS OF EXISTING 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 authorization of any appropriation to the Administration shall 
expire (unless an earlier expiration is specifically provided) at the 
close of the third fiscal year following the fiscal year in which 
the authorization was enacted, to the extent that such appropriation 
has not theretofore actually been made. 
§ 20141. Misuse of agency name and initials 
(a) IN GENERAL.—No person (as defined by section 20135(a) of 
this title) may knowingly use the words ‘‘National Aeronautics 
and Space Administration’’ or the letters ‘‘NASA’’, or any combina-
tion, 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 cal-
culated to convey the impression that the product or service 
has the authorization, support, sponsorship, or endorsement 
of, or the development, use, or manufacture by or on behalf 
of the Administration which does not, in fact, exist. 
(b) CIVIL PROCEEDING TO ENJOIN.—Whenever it appears to the 
Attorney General that any person is engaged in an act or practice 
which constitutes or will constitute conduct prohibited by subsection 
(a), the Attorney General may initiate a civil proceeding in a district 
court of the United States to enjoin such act or practice. 
§ 20142. Contracts regarding expendable launch vehicles 
(a) COMMITMENTS
BEYOND
AVAILABLE
APPROPRIATIONS.—The 
Administrator may enter into contracts for expendable launch 
vehicle services that are for periods in excess of the period for 
which funds are otherwise available for obligation, provide for the 
payment for contingent liability which may accrue in excess of 
available appropriations in the event the Federal Government for 
its convenience terminates such contracts, and provide for advance 
payments reasonably related to launch vehicle and related equip-
ment, fabrication, and acquisition costs, if any such contract limits 
the amount of the payments that the Government is allowed to 
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124 STAT. 3349 
PUBLIC LAW 111–314—DEC. 18, 2010 
make under such contract to amounts provided in advance in appro-
priation Acts. Such contracts may be limited to sources within 
the United States when the Administrator determines that such 
limitation is in the public interest. 
(b) TERMINATION IF FUNDS NOT AVAILABLE.—If funds are not 
available to continue any such contract, the contract shall be termi-
nated for the convenience of the Government, and the costs of 
such contract shall be paid from appropriations originally available 
for performance of the contract, from other unobligated appropria-
tions currently available for the procurement 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 
Administration shall be made in 3 accounts, ‘‘Science, Aero-
nautics, and Education’’, ‘‘Exploration Systems and Space Oper-
ations’’, and an account for amounts appropriated for the nec-
essary 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 author-
ized under this chapter may be transferred to the new account 
established for such activity in subsection (a). Balances so trans-
ferred 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. 
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124 STAT. 3350 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 20144. Prize authority 
(a) IN GENERAL.—The Administration may carry out a program 
to competitively award cash prizes to stimulate innovation in basic 
and applied research, technology development, and prototype dem-
onstration that have the potential for application to the performance 
of the space and aeronautical activities of the Administration. The 
Administration may carry out a program to award prizes only 
in conformity with this section. 
(b) TOPICS.—In selecting topics for prize competitions, the 
Administrator shall consult widely both within and outside the 
Federal Government, and may empanel advisory committees. The 
Administrator shall give consideration to prize goals such as the 
demonstration of the ability to provide energy to the lunar surface 
from space-based solar power systems, demonstration of innovative 
near-Earth object survey and deflection strategies, and innovative 
approaches to improving the safety and efficiency of aviation sys-
tems. 
(c) ADVERTISING.—The Administrator shall widely advertise prize 
competitions to encourage participation. 
(d) REQUIREMENTS AND REGISTRATION.—For each prize competi-
tion, the Administrator shall publish a notice in the Federal Reg-
ister announcing the subject of the competition, the rules for being 
eligible to participate in the competition, the amount of the prize, 
and the basis on which a winner will be selected. 
(e) ELIGIBILITY.—To be eligible to win a prize under this section, 
an individual or entity— 
(1) shall have registered to participate in the competition 
pursuant to any rules promulgated by the Administrator under 
subsection (d); 
(2) shall have complied with all the requirements under 
this section; 
(3) in the case of a private entity, shall be incorporated 
in and maintain a primary place of business in the United 
States, and in the case of an individual, whether participating 
singly or in a group, shall be a citizen or permanent resident 
of the United States; and 
(4) shall not be a Federal entity or Federal employee acting 
within the scope of their employment. 
(f) LIABILITY.— 
(1) ASSUMPTION OF RISK.—Registered participants must agree 
to assume any and all risks and waive claims against the 
Federal Government and its related entities, except in the 
case of willful misconduct, for any injury, death, damage, or 
loss of property, revenue, or profits, whether direct, indirect, 
or consequential, arising from their participation in a competi-
tion, whether such injury, death, damage, or loss arises through 
negligence or otherwise. For the purposes of this paragraph, 
the term ‘‘related entity’’ means a contractor or subcontractor 
at any tier, and a supplier, user, customer, cooperating party, 
grantee, investigator, or detailee. 
(2) LIABILITY INSURANCE.—Participants must obtain liability 
insurance or demonstrate financial responsibility, in amounts 
determined by the Administrator, for claims by— 
(A) a third party for death, bodily injury, or property 
damage, or loss resulting from an activity carried out in 
connection with participation in a competition, with the 
Federal Government named as an additional insured under 
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124 STAT. 3351 
PUBLIC LAW 111–314—DEC. 18, 2010 
the registered participant’s insurance policy and registered 
participants agreeing to indemnify the Federal Government 
against third party claims for damages arising from or 
related to competition activities; and 
(B) the Federal Government for damage or loss to 
Government property resulting from such an activity. 
(g) JUDGES.—For each competition, the Administration, either 
directly or through an agreement under subsection (h), shall 
assemble a panel of qualified judges to select the winner or winners 
of the prize competition on the basis described pursuant to sub-
section (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 admin-
ister the prize competition, subject to the provisions of this section. 
(i) FUNDING.— 
(1) SOURCES.—Prizes under this section may consist of Fed-
eral appropriated funds and funds provided by the private 
sector for such cash prizes. The Administrator may accept 
funds from other Federal agencies for such cash prizes. The 
Administrator may not give any special consideration to any 
private sector entity in return for a donation. 
(2) AVAILABILITY.— 
(A) DEFINITION OF PROVISIONS KNOWN AS THE ANTI-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 remain available until expended, and may 
be transferred, reprogrammed, or expended for other pur-
poses only after the expiration of 10 fiscal years after 
the fiscal year for which the funds were originally appro-
priated. No provision in this section permits obligation 
or payment of funds in violation of the provisions known 
as the Anti-Deficiency Act. 
(3) APPROPRIATION
OR
COMMITMENT
OF
FUNDS
REQUIRED 
BEFORE ANNOUNCEMENT OF PRIZE OR INCREASE.— 
(A) IN
GENERAL.—No prize may be announced under 
subsection (d) until all the funds needed to pay out the 
announced amount of the prize have been appropriated 
or committed in writing by a private source. 
(B) INCREASE.—The Administrator may increase the 
amount of a prize after an initial announcement is made 
under subsection (d) if— 
(i) notice of the increase is provided in the same 
manner as the initial notice of the prize; and 
(ii) the funds needed to pay out the announced 
amount of the increase have been appropriated or com-
mitted in writing by a private source. 
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124 STAT. 3352 
PUBLIC LAW 111–314—DEC. 18, 2010 
(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 Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
(5) APPROVAL OF ADMINISTRATOR FOR PRIZE GREATER THAN 
$1,000,000.—No prize competition under this section may result 
in the award of more than $1,000,000 in cash prizes without 
the approval of the Administrator. 
(j) USE
OF ADMINISTRATION NAME
OR INSIGNIA.—A registered 
participant in a competition under this section may use the 
Administration’s name, initials, or insignia only after prior review 
and written approval by the Administration. 
(k) COMPLIANCE WITH EXISTING LAW.—The Federal Government 
shall not, by virtue of offering or providing a prize under this 
section, be responsible for compliance by registered participants 
in a prize competition with Federal law, including licensing, export 
control, and non-proliferation laws, and related regulations. 
§ 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 Adminis-
trator. 
(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 Adminis-
trator. 
(2) UTILIZATION.— 
(A) 
IN
GENERAL.—The 
Administrator 
may 
utilize 
amounts of cash consideration received under this sub-
section for a lease entered into under this section to cover 
the full costs to the Administration in connection with 
the lease. These funds shall remain available until 
expended. 
(B) CAPITAL REVITALIZATION AND IMPROVEMENTS.—Of any 
amounts of cash consideration received under this sub-
section that are not utilized in accordance with subpara-
graph (A)— 
(i) 35 percent shall be deposited in a capital asset 
account to be established by the Administrator, shall 
be available for maintenance, capital revitalization, 
and improvements of the real property assets and 
related personal property under the jurisdiction of the 
Administrator, and shall remain available until 
expended; and 
(ii) the remaining 65 percent shall be available to 
the respective center or facility of the Administration 
engaged in the lease of nonexcess real property, and 
shall remain available until expended for maintenance, 
capital revitalization, and improvements of the real 
property assets and related personal property at the 
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124 STAT. 3353 
PUBLIC LAW 111–314—DEC. 18, 2010 
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 uti-
lized for daily operating costs. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Administrator may 
require such terms and conditions in connection with a lease under 
this section as the Administrator considers appropriate to protect 
the interests of the United States. 
(d) RELATIONSHIP TO OTHER LEASE AUTHORITY.—The authority 
under this section to lease property of the Administration is in 
addition to any other authority to lease property of the Administra-
tion under law. 
(e) LEASE RESTRICTIONS.— 
(1) NO LEASE BACK OR OTHER CONTRACT.—The Administration 
is not authorized to lease back property under this section 
during the term of the out-lease or enter into other contracts 
with the lessee respecting the property. 
(2) CERTIFICATION THAT OUT-LEASE WILL NOT HAVE NEGATIVE 
IMPACT ON MISSION.—The Administration is not authorized to 
enter into an out-lease under this section unless the Adminis-
trator certifies that the out-lease will not have a negative 
impact on the mission of the Administration. 
(f) REPORTING REQUIREMENTS.—The Administrator shall submit 
an annual report by January 31st of each year. The report shall 
include the following: 
(1) VALUE OF ARRANGEMENTS AND EXPENDITURES OF REVE-
NUES.—Information that identifies and quantifies the value 
of the arrangements and expenditures of revenues received 
under this section. 
(2) AVAILABILITY AND USE OF FUNDS FOR OPERATING PLAN.— 
The availability and use of funds received under this section 
for the Administration’s operating plan. 
(g) SUNSET.—The authority to enter into leases under this section 
shall expire 10 years after December 26, 2007. The expiration 
under this subsection of authority to enter into leases under this 
section shall not affect the validity or term of leases or the Adminis-
tration’s retention of proceeds from leases entered into under this 
section before the expiration of the authority. 
§ 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 Common-
wealth of Puerto Rico, the United States Virgin Islands, Guam, 
American Samoa, the Northern Mariana Islands, and any other 
commonwealth, territory, or possession of the United States. 
(b) RELINQUISHING LEGISLATIVE JURISDICTION.—Notwithstanding 
any other provision of law, the Administrator may relinquish to 
a State all or part of the legislative jurisdiction of the United 
States over lands or interests under the control of the Administrator 
in that State. 
§ 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— 
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124 STAT. 3354 
PUBLIC LAW 111–314—DEC. 18, 2010 
(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 cooper-
ating party and operated as part of an Administration 
mission or a joint mission with the Administration. 
(2) CREWMEMBER.—The term ‘‘crewmember’’ means an astro-
naut or other person assigned to an Administration human 
space flight vehicle. 
(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 
Administrator with the crewmember’s preferences regarding 
the treatment accorded to the crewmember’s remains and the 
Administrator shall, to the extent possible, respect those stated 
preferences. 
(3) CONSTRUCTION.—This section shall not be construed to 
permit the Administrator to interfere with any Federal inves-
tigation of a mishap 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 comprehen-
sive program of research, technology, and monitoring of the phe-
nomena of the upper atmosphere so as to provide for an under-
standing 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, tech-
nology, and monitoring program that will provide for understanding 
the physics and chemistry 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, tech-
nology, monitoring, and other appropriate activities directed to 
understand the physics and chemistry of the upper atmosphere. 
(b) ACTIVITIES.—In carrying out the provisions of this subchapter, 
the Administration shall— 
(1) arrange for participation by the scientific and engineering 
community, of both the Nation’s industrial organizations and 
institutions of higher education, in planning and carrying out 
appropriate research, in developing necessary technology, and 
in making necessary observations and measurements; 
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124 STAT. 3355 
PUBLIC LAW 111–314—DEC. 18, 2010 
(2) provide, by way of grant, contract, scholarships, or other 
arrangements, to the maximum extent practicable and con-
sistent with other laws, for the widest practicable and appro-
priate 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 sub-
chapter 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 Administra-
tion, subject to the direction of the President and after consultation 
with the Secretary of State, shall make every effort to enlist the 
support and cooperation of appropriate scientists and engineers 
of other countries and international organizations. 
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 Adminis-
tration carries out a balanced set of programs that shall include, 
at a minimum, programs in— 
(1) human space flight, in accordance with section 20302 
of this title; 
(2) aeronautics research and development; and 
(3) scientific research, which shall include, at a minimum— 
(A) robotic missions to study the Moon and other planets 
and their moons, and to deepen understanding of 
astronomy, astrophysics, and other areas of science that 
can be productively studied from space; 
(B) Earth science research and research on the Sun- 
Earth connection through the development and operation 
of research satellites and other means; 
(C) support of university research in space science, Earth 
science, and microgravity science; and 
(D) research on microgravity, including research that 
is not directly related to human exploration. 
(b) CONSULTATION AND COORDINATION.—In carrying out the pro-
grams of the Administration, the Administrator shall— 
(1) consult and coordinate to the extent appropriate with 
other relevant Federal agencies, including through the National 
Science and Technology Council; 
(2) work closely with the private sector, including by— 
(A) encouraging the work of entrepreneurs who are 
seeking to develop new means to launch satellites, crew, 
or cargo; 
(B) contracting with the private sector for crew and cargo 
services, including to the International Space Station, to 
the extent practicable; 
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124 STAT. 3356 
PUBLIC LAW 111–314—DEC. 18, 2010 
(C) using commercially available products (including soft-
ware) 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 develop a sustained human presence on the Moon, including 
a robust precursor program, to promote exploration, science, com-
merce, 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 appro-
priate 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 possible. 
(3) Increasing knowledge of the impacts of long duration 
stays in space on the human body using the most appropriate 
facilities available, including the International Space Station. 
(4) Enabling humans to land on and return from Mars and 
other destinations on a timetable that is technically and fiscally 
possible. 
§ 20303. Contribution to innovation 
(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The Administra-
tion 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 pro-
motion of science, technology, engineering, and mathematics edu-
cation, 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 mathe-
matics. 
(c) BALANCED SCIENCE PROGRAM
AND ROBUST AUTHORIZATION 
LEVELS.—The balanced science program authorized by section 
101(d) of the National Aeronautics and Space Administration 
Authorization Act of 2005 (42 U.S.C. 16611(d)) shall be an element 
of the contribution by the Administration to the interagency pro-
grams. 
(d) ANNUAL REPORT.— 
(1) REQUIREMENT.—The Administrator shall submit to Con-
gress and the President an annual report describing the activi-
ties 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, 
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124 STAT. 3357 
PUBLIC LAW 111–314—DEC. 18, 2010 
engineering, and mathematics education programs, at a min-
imum, 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. 
§ 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 subsection (a) shall include independent estimates of the life 
cycle costs and technical readiness of missions assessed in the 
decadal surveys whenever possible. 
(c) REEXAMINATION.—The Administrator shall request that each 
National Academies decadal survey committee identify any condi-
tions or events, such as significant cost growth or scientific or 
technological advances, that would warrant the Administration 
asking the National Academies to reexamine the priorities that 
the decadal survey had established. 
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.— 
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124 STAT. 3358 
PUBLIC LAW 111–314—DEC. 18, 2010 
(1) IN
GENERAL.—Amounts in the fund are available for 
financing activities, services, equipment, information, and facili-
ties as authorized by law to be provided— 
(A) within the Administration; 
(B) to other agencies or instrumentalities of the United 
States; 
(C) to any State, territory, or possession or political sub-
division thereof; 
(D) to other public or private agencies; or 
(E) to any person, firm, association, corporation, or edu-
cational institution on a reimbursable basis. 
(2) CAPITAL REPAIRS.—The fund shall also be available for 
the purpose of funding capital repairs, renovations, rehabilita-
tion, sustainment, demolition, or replacement of Administration 
real property, on a reimbursable basis within the Administra-
tion. 
(3) NO FISCAL YEAR LIMITATION.—Amounts in the fund are 
available without regard to fiscal year limitation. 
(c) CONTENTS.—The capital of the fund consists of— 
(1) amounts appropriated to the fund; 
(2) the reasonable value of stocks of supplies, equipment, 
and other assets and inventories on order that the Adminis-
trator transfers to the fund, less the related liabilities and 
unpaid obligations; and 
(3) payments received for loss or damage to property of the 
fund. 
(d) REIMBURSEMENT.—The fund shall be reimbursed, in advance, 
for supplies and services at rates that will approximate the expenses 
of operation, such as the accrual of annual leave, depreciation 
of plant, property, and equipment, and overhead. 
§ 30103. Budgets 
(a) CATEGORIES.—The proposed budget for the Administration 
submitted by the President for each fiscal year shall be accompanied 
by documents showing— 
(1) by program— 
(A) the budget for space operations, including the Inter-
national Space Station and the space shuttle; 
(B) the budget for exploration systems; 
(C) the budget for aeronautics; 
(D) the budget for space science; 
(E) the budget for Earth science; 
(F) the budget for microgravity science; 
(G) the budget for education; 
(H) the budget for safety oversight; and 
(I) the budget for public relations; 
(2) the budget for technology transfer programs; 
(3) the budget for the Integrated Enterprise Management 
Program, by individual element; 
(4) the budget for the Independent Technical Authority, both 
total and by center; 
(5) the total budget for the prize program under section 
20144 of this title, and the administrative budget for that 
program; and 
(6) the comparable figures for at least the 2 previous fiscal 
years for each item in the proposed budget. 
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124 STAT. 3359 
PUBLIC LAW 111–314—DEC. 18, 2010 
(b) ADDITIONAL BUDGET INFORMATION UPON REQUEST BY COMMIT-
TEES.—The Administration shall make available, upon request from 
the Committee on Science and Technology of the House of Rep-
resentatives or the Committee on Commerce, Science, and Transpor-
tation of the Senate— 
(1) information on corporate and center general and adminis-
trative costs and service pool costs, including— 
(A) the total amount of funds being allocated for those 
purposes for any fiscal year for which the President has 
submitted an annual budget request to Congress; 
(B) the amount of funds being allocated for those pur-
poses for each center, for headquarters, and for each direc-
torate; and 
(C) the major activities included in each cost category; 
and 
(2) the figures on the amount of unobligated funds and unex-
pended funds, by appropriations account— 
(A) that remained at the end of the fiscal year prior 
to the fiscal year in which the budget is being presented 
that were carried over into the fiscal year in which the 
budget is being presented; 
(B) that are estimated will remain at the end of the 
fiscal year in which the budget is being presented that 
are proposed to be carried over into the fiscal year for 
which the budget is being presented; and 
(C) that are estimated will remain at the end of the 
fiscal year for which the budget is being presented. 
(c) INFORMATION
IN
ANNUAL
BUDGET
JUSTIFICATION.—The 
Administration shall provide, at a minimum, the following informa-
tion in its annual budget justification: 
(1) The actual, current, proposed funding level, and estimated 
budgets for the next 5 fiscal years by directorate, theme, pro-
gram, project and activity within each appropriations account. 
(2) The proposed programmatic and non-programmatic 
construction of facilities. 
(3) The budget for headquarters including— 
(A) the budget by office, and any division thereof, for 
the actual, current, proposed funding level, and estimated 
budgets for the next 5 fiscal years; 
(B) the travel budget for each office, and any division 
thereof, for the actual, current, and proposed funding level; 
and 
(C) the civil service full time equivalent assignments 
per headquarters office, and any division thereof, including 
the number of Senior Executive Service, noncareer, 
detailee, and contract personnel per office. 
(4) Within 14 days of the submission of the budget to Con-
gress an accompanying volume shall be provided to the Commit-
tees on Appropriations containing the following information 
for each center, facility managed by any center, and federally 
funded research and development center operated on behalf 
of the Administration: 
(A) The actual, current, proposed funding level, and esti-
mated budgets for the next 5 fiscal years by directorate, 
theme, program, project, and activity. 
(B) The proposed programmatic and non-programmatic 
construction of facilities. 
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124 STAT. 3360 
PUBLIC LAW 111–314—DEC. 18, 2010 
(C) The number of civil service full time equivalent posi-
tions per center for each identified fiscal year. 
(D) The number of civil service full time equivalent posi-
tions considered to be uncovered capacity at each location 
for each identified fiscal year. 
(5) The proposed budget as designated by object class for 
each directorate, theme, and program. 
(6) Sufficient narrative shall be provided to explain the 
request for each program, project, and activity, and an expla-
nation for any deviation to previously adopted baselines for 
all justification materials provided to the Committees. 
(d) ESTIMATE OF GROSS RECEIPTS AND PROPOSED USE OF FUNDS 
RELATED TO LEASE OF PROPERTY.—Each annual budget request 
shall include an annual estimate of gross receipts and collections 
and proposed use of all funds collected pursuant to section 20145 
of this title. 
§ 30104. Baselines and cost controls 
(a) DEFINITIONS.—In this section: 
(1) DEVELOPMENT.—The term ‘‘development’’ means the phase 
of a program following the formulation phase and beginning 
with the approval to proceed to implementation, as defined 
in the Administration’s Procedural Requirements 7120.5c, 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 implementation through the achievement of oper-
ational readiness, without regard to funding source or manage-
ment 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 manage-
ment 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, regu-
lations, and directives of the Administration. 
(2) REPORT.—The Administrator shall transmit a report 
describing the basis for the determination required under para-
graph (1) to the Committee on Science and Technology of the 
House of Representatives and the Committee on Commerce, 
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124 STAT. 3361 
PUBLIC LAW 111–314—DEC. 18, 2010 
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 Presi-
dent’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 Com-
merce, 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 develop-
ment 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 indi-
vidual whose primary responsibility is overseeing the pro-
gram. 
(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 sub-
section (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 writ-
ten notification explaining the reasons for the change in the 
cost or milestone of the program for which notification was 
provided under paragraph (1). 
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124 STAT. 3362 
PUBLIC LAW 111–314—DEC. 18, 2010 
(3) NOTIFICATION OF CONGRESS.—Not later than 15 days after 
the Administrator receives a written notification under para-
graph (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 affirma-
tive, 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 pro-
gram. 
(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 completion. 
(f) THIRTY PERCENT THRESHOLD.—If the Administrator deter-
mines 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 sub-
section (e)(1)(A), the Administrator shall not expend any additional 
funds on the program, other than termination costs, unless Congress 
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124 STAT. 3363 
PUBLIC LAW 111–314—DEC. 18, 2010 
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 pro-
viding articles to the Administration under a contract entered into 
after December 9, 1991, may not exclude Administration quality 
assurance personnel from work sites except as provided in a contract 
provision that has been submitted to Congress as provided in sub-
section (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 Adminis-
trator has submitted a copy of the provision permitting such exclu-
sion to Congress at least 60 days before entering into the contract. 
§ 30303. Tracking and data relay satellite services 
(a) CONTRACTS.—The Administration is authorized, when so pro-
vided in an appropriation Act, to enter into and to maintain a 
contract for tracking and data relay satellite services. Such services 
shall be furnished to the Administration in accordance with 
applicable authorization and appropriations Acts. The Government 
shall incur no costs under such contract prior to the furnishing 
of such services except that the contract may provide for the 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 Government-owned lands if there is included 
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124 STAT. 3364 
PUBLIC LAW 111–314—DEC. 18, 2010 
in the contract a provision under which the Government may 
acquire title to the facilities, under terms and conditions agreed 
upon in the contract, upon termination of the contract. 
(b) REPORTS TO CONGRESS.—The Administrator shall in January 
of each year report to the Committee on Science and Technology 
and the Committee on Appropriations of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation 
and the Committee on Appropriations of the Senate the projected 
aggregate contingent liability of the Government under termination 
provisions of any contract authorized in this section through the 
next fiscal year. The authority of the Administration to enter into 
and to maintain the contract authorized hereunder shall remain 
in effect unless repealed by legislation enacted by Congress. 
§ 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 authorized programs, including the space station 
by the time operational status is obtained, which funds will be 
made available to small business concerns or other organizations 
owned or controlled by socially and economically disadvantaged 
individuals (within the meaning of paragraphs (5) and (6) of section 
8(a) of the Small Business Act (15 U.S.C. 637(a))), including Histori-
cally Black Colleges and Universities that are part B institutions 
(as defined in section 322(2) of the Higher Education Act of 1965 
(20 U.S.C. 1061(2))), Hispanic-serving institutions (as defined in 
section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges 
or Universities (as defined in section 316(b)(3) of that Act (20 
U.S.C. 1059c(b)(3))), Alaska Native-serving institutions (as defined 
in section 317(b)(2) of that Act (20 U.S.C. 1059d(b)(2))), Native 
Hawaiian-serving institutions (as defined in section 317(b)(4) of 
that Act (20 U.S.C. 1059d(b)(4))), and minority educational institu-
tions (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, aero-
space contractors, and academic institutions to carry out a program 
to help promote the competitiveness of small, minority-owned, and 
women-owned businesses in communities across the United States 
through enhanced insight into the technologies of the Administra-
tion’s space and aeronautics programs. The program shall support 
the mission of the Administration’s Innovative Partnerships Pro-
gram 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 Administration’s Innovative Partnerships Program by under-
taking the following activities: 
(1) 
FACILITATING
ENHANCED
INSIGHT.—Facilitating 
the 
enhanced insight of the private sector into the Administration’s 
technologies in order to increase the competitiveness of the 
private sector in producing viable commercial products. 
(2) CREATING
NETWORK.—Creating a network of academic 
institutions, aerospace contractors, and Administration centers 
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124 STAT. 3365 
PUBLIC LAW 111–314—DEC. 18, 2010 
that will commit to donating appropriate technical assistance 
to small businesses, giving preference to socially and economi-
cally disadvantaged small business concerns, small business 
concerns owned and controlled by service-disabled veterans, 
and HUBZone small business concerns. This paragraph shall 
not apply to any contracting actions entered into or taken 
by the Administration. 
(3) 
CREATING
NETWORK
OF
ECONOMIC
DEVELOPMENT 
ORGANIZATIONS.—Creating a network of economic development 
organizations to increase the awareness and enhance the 
effectiveness of the program nationwide. 
(c) REPORT.—Not later than one year after October 15, 2008, 
and annually thereafter, the Administrator shall submit a report 
to the Committee on Science and Technology of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate describing the efforts and accomplish-
ments of the program established under subsection (a) in support 
of the Administration’s Innovative Partnerships Program. As part 
of the report, the Administrator shall provide— 
(1) data on the number of small businesses receiving assist-
ance, jobs created and retained, and volunteer hours donated 
by the Administration, contractors, and academic institutions 
nationwide; 
(2) an estimate of the total dollar value of the economic 
impact made by small businesses that received technical assist-
ance through the program; 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 Administra-
tion, the Administrator shall develop a plan to maximize the number 
and amount of contracts awarded to small business concerns (within 
the meaning given that term in section 3 of the Small Business 
Act (15 U.S.C. 632)) and to meet established contracting goals 
for such concerns. 
(b) PRIORITY.—The Administrator shall establish as a priority 
meeting the contracting goals developed in conjunction with the 
Small Business Administration to maximize the amount of prime 
contracts, as measured in dollars, awarded in each fiscal year 
by the Administration to small business concerns (within the 
meaning given that term in section 3 of the Small Business Act 
(15 U.S.C. 632)). 
§ 30307. Requirement for independent cost analysis 
(a) DEFINITION OF IMPLEMENTATION.—In this section, the term 
‘‘implementation’’ means all activity in the life cycle of a project 
after preliminary design, independent assessment of the prelimi-
nary design, and approval to proceed into implementation, including 
critical design, development, certification, launch, operations, dis-
posal 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 
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124 STAT. 3366 
PUBLIC LAW 111–314—DEC. 18, 2010 
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 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 Common-
wealth of Puerto Rico, the Virgin Islands, Guam, American 
Samoa, the Commonwealth of the Northern Mariana Islands, 
and any other commonwealth, territory, or possession of the 
United States. 
(b) IN GENERAL.—Except as otherwise required by law, in calcu-
lating the cost effectiveness of the cost of the Administration 
engaging in an activity as compared to a commercial provider, 
the Administrator shall compare the cost of the Administration 
engaging in the activity using full cost accounting principles with 
the price the commercial provider will charge for such activity. 
§ 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 commu-
nities that are relatively depressed, in terms of age of housing, 
extent of poverty, growth of per capita income, extent of unemploy-
ment, job lag, or surplus labor. 
(b) IN GENERAL.—In any case in which the Administrator con-
siders the purchase, lease, or expansion of a facility to meet require-
ments of the Administration, the Administrator shall consider 
whether those requirements could be met by the use of one of 
the following: 
(1) Abandoned or underutilized buildings, grounds, and facili-
ties in depressed communities that can be converted to Adminis-
tration 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 Adminis-
trator determines to be— 
(A) owned or leased by the United States for the use 
of another agency of the Federal Government; and 
(B) considered by the head of the agency involved to 
be— 
(i) excess to the needs of that agency; or 
(ii) underutilized by that agency. 
§ 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 
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124 STAT. 3367 
PUBLIC LAW 111–314—DEC. 18, 2010 
fuel that is not an alternative or synthetic fuel or predominantly 
produced from a nonconventional petroleum source, if— 
(1) the contract does not specifically require the contractor 
to provide an alternative or synthetic fuel or fuel from a non-
conventional petroleum source; 
(2) the purpose of the contract is not to obtain an alternative 
or synthetic fuel or fuel from a nonconventional petroleum 
source; and 
(3) the contract does not provide incentives for a refinery 
upgrade or expansion to allow a refinery to use or increase 
its use of fuel from a nonconventional petroleum source. 
CHAPTER 305—MANAGEMENT AND REVIEW 
Sec. 
30501.
Lessons learned and best practices. 
30502.
Whistleblower protection. 
30503.
Performance assessments. 
30504.
Assessment of science mission extensions. 
§ 30501. Lessons learned and best practices 
(a) IN GENERAL.—The Administrator shall transmit to the Com-
mittee on Science and Technology of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate an implementation plan describing the Administration’s 
approach for obtaining, implementing, and sharing lessons learned 
and best practices for its major programs and projects not later 
than 180 days after December 30, 2005. The implementation plan 
shall be updated and maintained to ensure that it is current and 
consistent with the burgeoning culture of learning and safety that 
is emerging at the Administration. 
(b) REQUIRED CONTENT.—The implementation plan shall contain 
at a minimum the lessons learned and best practices requirements 
for the Administration, the organizations or positions responsible 
for enforcement of the requirements, the reporting structure, and 
the objective performance measures indicating the effectiveness of 
the activity. 
(c) INCENTIVES.—The Administrator shall provide incentives to 
encourage sharing and implementation of lessons learned and best 
practices by employees, projects, and programs, as well as penalties 
for programs and projects that are determined not to have dem-
onstrated use of those resources. 
§ 30502. Whistleblower protection 
(a) IN GENERAL.—Not later than 1 year after December 30, 2005, 
the Administrator shall transmit to the Committee on Science and 
Technology of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a plan 
describing steps to be taken by the Administration to protect from 
retaliation Administration employees who raise concerns about 
substantial and specific dangers to public health and safety or 
about substantial and specific factors that could threaten the suc-
cess of a mission. The plan shall be designed to ensure that Adminis-
tration employees have the full protection required by law. The 
Administrator shall implement the plan not more than 1 year 
after its transmittal. 
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124 STAT. 3368 
PUBLIC LAW 111–314—DEC. 18, 2010 
(b) GOAL.—The Administrator shall ensure that the plan describes 
a system that will protect employees who wish to raise or have 
raised concerns described in subsection (a). 
(c) PLAN.—At a minimum, the plan shall include, consistent with 
Federal law— 
(1) a reporting structure that ensures that the officials who 
are the subject of a whistleblower’s complaint will not learn 
the identity of the whistleblower; 
(2) a single point to which all complaints can be made without 
fear of retribution; 
(3) procedures to enable the whistleblower to track the status 
of the case; 
(4) activities to educate employees about their rights as 
whistleblowers and how they are protected by law; 
(5) activities to educate employees about their obligations 
to report concerns and their accountability before and after 
receiving the results of the investigations into their concerns; 
and 
(6) activities to educate all appropriate Administration 
Human Resources professionals, and all Administration man-
agers and supervisors, regarding personnel laws, rules, and 
regulations. 
(d) REPORT.—Not later than February 15 of each year beginning 
February 15, 2007, the Administrator shall transmit a report to 
the Committee on Science and Technology of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the concerns described in subsection 
(a) that were raised during the previous fiscal year. At a minimum, 
the report shall provide— 
(1) the number of concerns that were raised, divided into 
the categories of safety and health, mission assurance, and 
mismanagement, and the disposition of those concerns, 
including whether any employee was disciplined as a result 
of a concern having been raised; and 
(2) any recommendations for reforms to further prevent ret-
ribution against employees who raise concerns. 
§ 30503. Performance assessments 
(a) IN GENERAL.—The performance of each division in the Science 
directorate of the Administration shall be reviewed and assessed 
by the National Academy of Sciences at 5-year intervals. 
(b) TIMING.—Beginning with the first fiscal year following 
December 30, 2005, the Administrator shall select at least one 
division for review under this section. The Administrator shall 
select divisions so that all disciplines will have received their first 
review within 6 fiscal years of December 30, 2005. 
(c) REPORTS.—Not later than March 1 of each year, beginning 
with the first fiscal year after December 30, 2005, the Administrator 
shall transmit a report to the Committee on Science and Technology 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate— 
(1) setting forth in detail the results of any external review 
under subsection (a); 
(2) setting forth in detail actions taken by the Administration 
in response to any external review; and 
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124 STAT. 3369 
PUBLIC LAW 111–314—DEC. 18, 2010 
(3) including a summary of findings and recommendations 
from any other relevant external reviews of the Administra-
tion’s science mission priorities and programs. 
§ 30504. Assessment of science mission extensions 
(a) ASSESSMENT.—The Administrator shall carry out biennial 
reviews within each of the Science divisions to assess the cost 
and benefits of extending the date of the termination of data collec-
tion for those missions that have exceeded their planned mission 
lifetime. 
(b) CONSULTATION AND CONSIDERATION OF POTENTIAL BENEFITS 
OF INSTRUMENTS ON MISSIONS.—For those missions that have an 
operational component, the National Oceanic and Atmospheric 
Administration or any other affected agency shall be consulted 
and the potential benefits of instruments on missions that are 
beyond their planned mission lifetime taken into account. 
CHAPTER 307—INTERNATIONAL COOPERATION AND 
COMPETITION 
Sec. 
30701.
Competitiveness and international cooperation. 
30702.
Foreign contract limitation. 
30703.
Foreign launch vehicles. 
30704.
Offshore performance of contracts for the procurement of goods and serv-
ices. 
§ 30701. Competitiveness and international cooperation 
(a) LIMITATION.— 
(1) SOLICITATION OF COMMENT.—As part of the evaluation 
of the costs and benefits of entering into an obligation to conduct 
a space mission in which a foreign entity will participate as 
a supplier of the spacecraft, spacecraft system, or launch 
system, the Administrator shall solicit comment on the potential 
impact of such participation through notice published in Com-
merce Business Daily at least 45 days before entering into 
such an obligation. 
(2) AGREEMENTS WITH PEOPLE’S REPUBLIC OF CHINA.—The 
Administrator shall certify to Congress at least 15 days in 
advance of any cooperative agreement with the People’s 
Republic of China, or any company owned by the People’s 
Republic of China or incorporated under the laws of the People’s 
Republic of China, involving spacecraft, spacecraft systems, 
launch systems, or scientific or technical information, that— 
(A) the agreement is not detrimental to the United States 
space launch industry; and 
(B) the agreement, including any indirect technical ben-
efit that could be derived from the agreement, will not 
improve the missile or space launch capabilities of the 
People’s Republic of China. 
(3) ANNUAL AUDIT.—The Inspector General of the Administra-
tion, in consultation with appropriate agencies, shall conduct 
an annual audit of the policies and procedures of the Adminis-
tration with respect to the export of technologies and the 
transfer of scientific and technical information, to assess the 
extent to which the Administration is carrying out its activities 
in compliance with Federal export control laws and with para-
graph (2). 
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124 STAT. 3370 
PUBLIC LAW 111–314—DEC. 18, 2010 
(b) NATIONAL INTERESTS.— 
(1) DEFINITION OF UNITED STATES COMMERCIAL PROVIDER.— 
In this subsection, the term ‘‘United States commercial pro-
vider’’ means a commercial provider (as defined in section 
30308(a) of this title), organized under the laws of the United 
States or of a State (as defined in section 30308(a) of this 
title), which is— 
(A) more than 50 percent owned by United States 
nationals; or 
(B) a subsidiary of a foreign company and the Secretary 
of Commerce finds that— 
(i) such subsidiary has in the past evidenced a 
substantial commitment to the United States market 
through— 
(I) investments in the United States in long- 
term research, development, and manufacturing 
(including the manufacture of major components 
and subassemblies); and 
(II) significant contributions to employment in 
the United States; and 
(ii) the country or countries in which such foreign 
company is incorporated or organized, and, if appro-
priate, in which it principally conducts its business, 
affords reciprocal treatment to companies described 
in subparagraph (A) comparable to that afforded to 
such foreign company’s subsidiary in the United States, 
as evidenced by— 
(I) 
providing 
comparable 
opportunities 
for 
companies described in subparagraph (A) to 
participate in Government sponsored research and 
development similar to that authorized under this 
section, section 30307, 30308, 30309, or 30702 of 
this title, or the National Aeronautics and Space 
Administration Authorization Act of 2000 (Public 
Law 106–391, 114 Stat. 1577); 
(II) providing no barriers to companies described 
in subparagraph (A) with respect to local invest-
ment opportunities that are not provided to foreign 
companies in the United States; and 
(III) providing adequate and effective protection 
for the intellectual property rights of companies 
described in subparagraph (A). 
(2) IN GENERAL.—Before entering into an obligation described 
in subsection (a), the Administrator shall consider the national 
interests of the United States described in paragraph (3) of 
this subsection. 
(3) DESCRIPTION
OF
NATIONAL
INTERESTS.—International 
cooperation in space exploration and science activities most 
effectively serves the United States national interest when 
it— 
(A)(i) reduces the cost of undertaking missions the United 
States Government would pursue unilaterally; 
(ii) enables the United States to pursue missions that 
it could not otherwise afford to pursue unilaterally; or 
(iii) enhances United States capabilities to use and 
develop space for the benefit of United States citizens; 
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124 STAT. 3371 
PUBLIC LAW 111–314—DEC. 18, 2010 
(B) is undertaken in a manner that is sensitive to the 
desire of United States commercial providers to develop 
or explore space commercially; 
(C) is consistent with the need for Federal agencies to 
use space to complete their missions; and 
(D) is carried out in a manner consistent with United 
States export control laws. 
§ 30702. Foreign contract limitation 
The Administration shall not enter into any agreement or contract 
with a foreign government that grants the foreign government 
the right to recover profit in the event that the agreement or 
contract is terminated. 
§ 30703. Foreign launch vehicles 
(a) ACCORD WITH SPACE TRANSPORTATION POLICY.—The Adminis-
tration shall not launch a payload on a foreign launch vehicle 
except in accordance with the Space Transportation Policy 
announced by the President on December 21, 2004. This subsection 
shall not be construed to prevent the President from waiving the 
Space Transportation Policy. 
(b) INTERAGENCY COORDINATION.—The Administration shall not 
launch a payload on a foreign launch vehicle unless the Administra-
tion commenced the interagency coordination required by the Space 
Transportation Policy announced by the President on December 
21, 2004, at least 90 days before entering into a development 
contract for the payload. 
(c) APPLICATION.—This section shall not apply to any payload 
for which development has begun prior to December 30, 2005, 
including the James Webb Space Telescope. 
§ 30704. Offshore performance of contracts for the procure-
ment of goods and services 
The Administrator shall submit to Congress, not later than 120 
days after the end of each fiscal year, a report on the contracts 
and subcontracts performed overseas and the amount of purchases 
directly or indirectly by the Administration from foreign entities 
in that fiscal year. The report shall separately indicate— 
(1) the contracts and subcontracts and their dollar values 
for which the Administrator determines that essential goods 
or services under the contract are available only from a source 
outside the United States; and 
(2) the items and their dollar values for which the Buy 
American Act (41 U.S.C. 10a et seq.) was waived pursuant 
to obligations of the United States under international agree-
ments. 
CHAPTER 309—AWARDS 
Sec. 
30901.
Congressional Space Medal of Honor. 
30902.
Charles ‘‘Pete’’ Conrad Astronomy Awards. 
§ 30901. Congressional Space Medal of Honor 
(a) AUTHORITY TO AWARD.—The President may award, and 
present in the name of Congress, a medal of appropriate design, 
which shall be known as the Congressional Space Medal of Honor, 
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124 STAT. 3372 
PUBLIC LAW 111–314—DEC. 18, 2010 
to any astronaut who in the performance of the astronaut’s duties 
has distinguished himself or herself by exceptionally meritorious 
efforts and contributions to the welfare of the Nation and of human-
kind. 
(b) APPROPRIATIONS.—There is authorized to be appropriated from 
time to time such sums of money as may be necessary to carry 
out the purposes of this section. 
§ 30902. Charles ‘‘Pete’’ Conrad Astronomy Awards 
(a) SHORT TITLE.—This section may be cited as the ‘‘Charles 
‘Pete’ Conrad Astronomy Awards Act’’. 
(b) DEFINITIONS.—In this section: 
(1) AMATEUR ASTRONOMER.—The term ‘‘amateur astronomer’’ 
means an individual whose employer does not provide any 
funding, payment, or compensation to the individual for the 
observation of asteroids and other celestial bodies, and does 
not include any individual employed as a professional astron-
omer. 
(2) MINOR PLANET CENTER.—The term ‘‘Minor Planet Center’’ 
means the Minor Planet Center of the Smithsonian Astro-
physical Observatory. 
(3) NEAR-EARTH ASTEROID.—The term ‘‘near-Earth asteroid’’ 
means an asteroid with a perihelion distance of less than 1.3 
Astronomical Units from the Sun. 
(4) PROGRAM.—The term ‘‘Program’’ means the Charles ‘‘Pete’’ 
Conrad Astronomy Awards Program established under sub-
section (c). 
(c) CHARLES ‘‘PETE’’ CONRAD ASTRONOMY AWARDS PROGRAM.— 
(1) IN
GENERAL.—The Administrator shall establish the 
Charles ‘‘Pete’’ Conrad Astronomy Awards Program. 
(2) AWARDS.—The Administrator shall make awards under 
the Program based on the recommendations of the Minor Planet 
Center. 
(3) AWARD CATEGORIES.—The Administrator shall make one 
annual award, unless there are no eligible discoveries or con-
tributions, for each of the following categories: 
(A) DISCOVERY OF BRIGHTEST NEAR-EARTH ASTEROID.— 
The amateur astronomer or group of amateur astronomers 
who in the preceding calendar year discovered the intrinsi-
cally brightest near-Earth asteroid among the near-Earth 
asteroids that were discovered during that year by amateur 
astronomers or groups of amateur astronomers. 
(B) GREATEST
CONTRIBUTION
TO
CATALOGUING
NEAR- 
EARTH ASTEROIDS.—The amateur astronomer or group of 
amateur astronomers who made the greatest contribution 
to the Minor Planet Center’s mission of cataloguing near- 
Earth asteroids during the preceding year. 
(4) AWARD
AMOUNT.—An award under the Program shall 
be in the amount of $3,000. 
(5) GUIDELINES.— 
(A) CITIZEN
OR
PERMANENT
RESIDENT.—No individual 
who is not a citizen or permanent resident of the United 
States at the time of the individual’s discovery or contribu-
tion may receive an award under this section. 
(B) FINALITY.—The decisions of the Administrator in 
making awards under this section are final. 
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124 STAT. 3373 
PUBLIC LAW 111–314—DEC. 18, 2010 
CHAPTER 311—SAFETY 
Sec. 
31101.
Aerospace Safety Advisory Panel. 
31102.
Drug and alcohol testing. 
§ 31101. Aerospace Safety Advisory Panel 
(a) ESTABLISHMENT AND MEMBERS.—There is established an Aero-
space 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 mem-
ber’s services as such. 
(B) MEMBERS
APPOINTED
FROM
OUTSIDE
THE
FEDERAL 
GOVERNMENT.—A member of the Panel appointed from out-
side 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 nec-
essary travel expenses (or in the alternative, mileage for use 
of a privately owned vehicle and a per diem in lieu of subsist-
ence 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. 
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124 STAT. 3374 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 31102. Drug and alcohol testing 
(a) DEFINITION OF CONTROLLED SUBSTANCE.—In this section, the 
term ‘‘controlled substance’’ means any substance under section 
102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) specified 
by the Administrator. 
(b) TESTING PROGRAM.— 
(1) EMPLOYEES OF ADMINISTRATION.—The Administrator shall 
establish a program applicable to employees of the Administra-
tion whose duties include responsibility for safety-sensitive, 
security, or national security functions. Such program shall 
provide for preemployment, reasonable suspicion, random, and 
post-accident testing for use, in violation of applicable law 
or Federal regulation, of alcohol or a controlled substance. 
The Administrator may also prescribe regulations, as the 
Administrator considers appropriate in the interest of safety, 
security, and national security, for the conduct of periodic recur-
ring testing of such employees for such use in violation of 
applicable law or Federal regulation. 
(2) EMPLOYEES OF CONTRACTORS.—The Administrator shall, 
in the interest of safety, security, and national security, pre-
scribe regulations. Such regulations shall establish a program 
that requires Administration contractors to conduct preemploy-
ment, reasonable suspicion, random, and post-accident testing 
of contractor employees responsible for safety-sensitive, secu-
rity, or national security functions (as determined by the 
Administrator) for use, in violation of applicable law or Federal 
regulation, of alcohol or a controlled substance. The Adminis-
trator may also prescribe regulations, as the Administrator 
considers appropriate in the interest of safety, security, and 
national security, for the conduct of periodic recurring testing 
of such employees for such use in violation of applicable law 
or Federal regulation. 
(3) SUSPENSION, DISQUALIFICATION, OR DISMISSAL.—In pre-
scribing regulations under the programs required by this sub-
section, the Administrator shall require, as the Administrator 
considers appropriate, the suspension, disqualification, or dis-
missal of any employee to which paragraph (1) or (2) applies, 
in accordance with the provisions of this section, in any instance 
where a test conducted and confirmed under this section 
indicates that such employee has used, in violation of applicable 
law or Federal regulation, alcohol or a controlled substance. 
(c) PROHIBITION ON SERVICE.— 
(1) PROHIBITION UNLESS PROGRAM OF REHABILITATION COM-
PLETED.—No individual who is determined by the Administrator 
under this section to have used, in violation of applicable law 
or Federal regulation, alcohol or a controlled substance after 
December 9, 1991, shall serve as an Administration employee 
with responsibility for safety-sensitive, security, or national 
security functions (as determined by the Administrator), or 
as an Administration contractor employee with such responsi-
bility, unless such individual has completed a program of 
rehabilitation described in subsection (d). 
(2) UNCONDITIONAL PROHIBITION.—Any such individual deter-
mined by the Administrator under this section to have used, 
in violation of applicable law or Federal regulation, alcohol 
or a controlled substance after December 9, 1991, shall not 
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124 STAT. 3375 
PUBLIC LAW 111–314—DEC. 18, 2010 
be permitted to perform the duties that the individual per-
formed prior to the date of the determination, if the individual— 
(A) engaged in such use while on duty; 
(B) prior to such use had undertaken or completed a 
rehabilitation program described in subsection (d); 
(C) following such determination refuses to undertake 
such a rehabilitation program; or 
(D) following such determination fails to complete such 
a rehabilitation program. 
(d) PROGRAM FOR REHABILITATION.— 
(1) REGULATIONS AND AVAILABILITY OF PROGRAM FOR CON-
TRACTOR EMPLOYEES.—The Administrator shall prescribe regu-
lations setting forth requirements for rehabilitation programs 
which at a minimum provide for the identification and oppor-
tunity for treatment of employees referred to in subsection 
(b) in need of assistance in resolving problems with the use, 
in violation of applicable law or Federal regulation, of alcohol 
or a controlled substance. Each contractor is encouraged to 
make such a program available to all of its employees in addi-
tion to those employees referred to in subsection (b)(2). The 
Administrator shall determine the circumstances under which 
such employees shall be required to participate in such a pro-
gram. Nothing in this subsection shall preclude any Administra-
tion contractor from establishing a program under this sub-
section in cooperation with any other such contractor. 
(2) ESTABLISHMENT
AND
MAINTENANCE
OF
PROGRAM
FOR 
ADMINISTRATION EMPLOYEES.—The Administrator shall estab-
lish and maintain a rehabilitation program which at a minimum 
provides for the identification and opportunity for treatment 
of those employees of the Administration whose duties include 
responsibility for safety-sensitive, security, or national security 
functions who are in need of assistance in resolving problems 
with the use of alcohol or controlled substances. 
(e) PROCEDURES
FOR TESTING.—In establishing the programs 
required under subsection (b), the Administrator shall develop 
requirements which shall— 
(1) promote, to the maximum extent practicable, individual 
privacy in the collection of specimen samples; 
(2) with respect to laboratories and testing procedures for 
controlled substances, incorporate the Department of Health 
and Human Services scientific and technical guidelines dated 
April 11, 1988, and any subsequent amendments thereto, 
including mandatory guidelines which— 
(A) establish comprehensive standards for all aspects 
of laboratory controlled substances testing and laboratory 
procedures to be applied in carrying out this section, 
including standards which require the use of the best avail-
able technology for ensuring the full reliability and 
accuracy of controlled substances tests and strict proce-
dures governing the chain of custody of specimen samples 
collected for controlled substances testing; 
(B) establish the minimum list of controlled substances 
for which individuals may be tested; and 
(C) establish appropriate standards and procedures for 
periodic review of laboratories and criteria for certification 
and revocation of certification of laboratories to perform 
controlled substances testing in carrying out this section; 
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124 STAT. 3376 
PUBLIC LAW 111–314—DEC. 18, 2010 
(3) require that all laboratories involved in the controlled 
substances testing of any individual under this section shall 
have the capability and facility, at such laboratory, of per-
forming screening and confirmation tests; 
(4) provide that all tests which indicate the use, in violation 
of applicable law or Federal regulation, of alcohol or a controlled 
substance by any individual shall be confirmed by a scientif-
ically recognized method of testing capable of providing quan-
titative data regarding alcohol or a controlled substance; 
(5) provide that each specimen sample be subdivided, secured, 
and labelled in the presence of the tested individual and that 
a portion thereof be retained in a secure manner to prevent 
the possibility of tampering, so that in the event the individual’s 
confirmation test results are positive the individual has an 
opportunity to have the retained portion assayed by a confirma-
tion test done independently at a second certified laboratory 
if the individual requests the independent test within 3 days 
after being advised of the results of the initial confirmation 
test; 
(6) ensure appropriate safeguards for testing to detect and 
quantify alcohol in breath and body fluid samples, including 
urine and blood, through the development of regulations as 
may be necessary and in consultation with the Department 
of Health and Human Services; 
(7) provide for the confidentiality of test results and medical 
information of employees; and 
(8) ensure that employees are selected for tests by nondiscrim-
inatory and impartial methods, so that no employee is harassed 
by being treated differently from other employees in similar 
circumstances. 
(f) EFFECT ON OTHER LAWS AND REGULATIONS.— 
(1) CONSISTENCY WITH FEDERAL REGULATION.—No State or 
local government shall adopt or have in effect any law, rule, 
regulation, ordinance, standard, or order that is inconsistent 
with the regulations promulgated under this section. 
(2) CONTINUANCE OF REGULATIONS ISSUED BEFORE DECEMBER 
9, 1991.—Nothing in this section shall be construed to restrict 
the discretion of the Administrator to continue in force, amend, 
or further supplement any regulations issued before December 
9, 1991, that govern the use of alcohol and controlled substances 
by Administration employees with responsibility for safety-sen-
sitive, security, and national security functions (as determined 
by the Administrator), or by Administration contractor 
employees with such responsibility. 
CHAPTER 313—HEALTHCARE 
Sec. 
31301.
Healthcare program. 
31302.
Astronaut healthcare survey. 
§ 31301. Healthcare program 
The Administrator shall develop a plan to better understand 
the longitudinal health effects of space flight on humans. In the 
development of the plan, the Administrator shall consider the need 
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124 STAT. 3377 
PUBLIC LAW 111–314—DEC. 18, 2010 
for the establishment of a lifetime healthcare program for Adminis-
tration astronauts and their families or other methods to obtain 
needed health data from astronauts and retired astronauts. 
§ 31302. Astronaut healthcare survey 
(a) SURVEY.—The Administrator shall administer an anonymous 
survey of astronauts and flight surgeons to evaluate communication, 
relationships, and the effectiveness of policies. The survey questions 
and the analysis of results shall be evaluated by experts inde-
pendent of the Administration. The survey shall be administered 
on at least a biennial basis. 
(b) REPORT.—The Administrator shall transmit a report of the 
results of the survey to Congress not later than 90 days following 
completion of the survey. 
CHAPTER 315—MISCELLANEOUS 
Sec. 
31501.
Orbital debris. 
31502.
Maintenance of facilities. 
31503.
Laboratory productivity. 
31504.
Cooperative unmanned aerial vehicle activities. 
31505.
Development of enhanced-use lease policy. 
§ 31501. Orbital debris 
The Administrator, in conjunction with the heads of other Federal 
agencies, shall take steps to develop or acquire technologies that 
will enable the Administration to decrease the risks associated 
with orbital debris. 
§ 31502. Maintenance of facilities 
In order to sustain healthy Centers that are capable of carrying 
out the Administration’s missions, the Administrator shall ensure 
that adequate maintenance and upgrading of those Center facilities 
is performed on a regular basis. 
§ 31503. Laboratory productivity 
The Administration’s laboratories are a critical component of 
the Administration’s research capabilities, and the Administrator 
shall ensure that those laboratories remain productive. 
§ 31504. Cooperative unmanned aerial vehicle activities 
The Administrator, in cooperation with the Administrator of the 
National Oceanic and Atmospheric Administration and in coordina-
tion 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 pro-
grams 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. 
§ 31505. Development of enhanced-use lease policy 
(a) IN GENERAL.—The Administrator shall develop an agency- 
wide enhanced-use lease policy that— 
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124 STAT. 3378 
PUBLIC LAW 111–314—DEC. 18, 2010 
(1) is based upon sound business practices and lessons 
learned from the demonstration centers; and 
(2) establishes controls and procedures to ensure account-
ability and protect the interests of the Government. 
(b) CONTENTS.—The policy required by subsection (a) shall include 
the following: 
(1) CRITERIA FOR DETERMINING ECONOMIC VALUE.—Criteria 
for determining whether enhanced-use lease provides better 
economic value to the Government than other options, such 
as— 
(A) Federal financing through appropriations; or 
(B) sale of the property. 
(2) SECURITY AND ACCESS.—Requirement for the identification 
of proposed physical and procedural changes needed to ensure 
security and restrict access to specified areas, coordination of 
proposed changes with existing site tenants, and development 
of estimated costs of such changes. 
(3) MEASURES OF EFFECTIVENESS.—Measures of effectiveness 
for the enhanced-use lease program. 
(4) ACCOUNTING CONTROLS.—Accounting controls and proce-
dures to ensure accountability, such as an audit trail and 
documentation to readily support financial transactions. 
Subtitle IV—Aeronautics and Space 
Research and Education 
CHAPTER 401—AERONAUTICS 
SUBCHAPTER I—GENERAL 
Sec. 
40101.
Definition of institution of higher education. 
40102.
Governmental interest in aeronautics research and development. 
40103.
Cooperation with other agencies on aeronautics activities. 
40104.
Cooperation among Mission Directorates. 
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH AND 
DEVELOPMENT PROGRAMS 
40111.
Fundamental research program. 
40112.
Research and technology programs. 
40113.
Airspace systems research. 
40114.
Aviation safety and security research. 
40115.
Aviation weather research. 
40116.
University-based Centers for Research on Aviation Training. 
SUBCHAPTER III—SCHOLARSHIPS 
40131.
Aeronautics scholarships. 
SUBCHAPTER IV—DATA REQUESTS 
40141.
Aviation data requests. 
SUBCHAPTER I—GENERAL 
§ 40101. Definition of institution of higher education 
In this chapter, the term ‘‘institution of higher education’’ has 
the meaning given the term by section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001). 
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124 STAT. 3379 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 40102. Governmental interest in aeronautics research and 
development 
Congress reaffirms the national commitment to aeronautics 
research made in chapter 201 of this title. Aeronautics research 
and development remains a core mission of the Administration. 
The Administration is the lead agency for civil aeronautics research. 
Further, the government of the United States shall promote aero-
nautics research and development that will expand the capacity, 
ensure the safety, and increase the efficiency of the Nation’s air 
transportation system, promote the security of the Nation, protect 
the environment, and retain the leadership of the United States 
in global aviation. 
§ 40103. Cooperation with other agencies on aeronautics 
activities 
The Administrator shall coordinate, as appropriate, the Adminis-
tration’s aeronautics activities with relevant programs in the 
Department of Transportation, the Department of Defense, the 
Department of Commerce, and the Department of Homeland Secu-
rity, including the activities of the Next Generation Air Transpor-
tation System Joint Planning and Development Office established 
under section 709 of the Vision 100—Century of Aviation Reauthor-
ization Act (Public Law 108–176, 49 U.S.C. 40101 note). 
§ 40104. Cooperation among Mission Directorates 
Research and development activities performed by the Aero-
nautics Research Mission Directorate with the primary objective 
of assisting in the development of a flight project in another Mission 
Directorate shall be funded by the Mission Directorate seeking 
assistance. 
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH 
AND DEVELOPMENT PROGRAMS 
§ 40111. Fundamental research program 
(a) OBJECTIVE.—In order to ensure that the Nation maintains 
needed capabilities in fundamental areas of aeronautics research, 
the Administrator shall establish a program of long-term funda-
mental research in aeronautical sciences and technologies that is 
not tied to specific development projects. 
(b) OPERATION.—The Administrator shall conduct the program 
under this section, in part by awarding grants to institutions of 
higher education. The Administrator shall encourage the participa-
tion of institutions of higher education located in States that partici-
pate in the Experimental Program to Stimulate Competitive 
Research. All grants to institutions of higher education under this 
section shall be awarded through merit review. 
§ 40112. Research and technology programs 
(a) SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT.—The 
Administrator may establish an initiative with the objective of 
developing and demonstrating, in a relevant environment, airframe 
and propulsion technologies to enable efficient, economical overland 
flight of supersonic civil transport aircraft with no significant impact 
on the environment. 
(b) 
ROTORCRAFT
AND
OTHER
RUNWAY-INDEPENDENT
AIR 
VEHICLES.—The Administrator may establish a rotorcraft and other 
Grants. 
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124 STAT. 3380 
PUBLIC LAW 111–314—DEC. 18, 2010 
runway-independent air vehicles initiative with the objective of 
developing and demonstrating improved safety, noise, and environ-
mental impact in a relevant environment. 
(c) HYPERSONICS RESEARCH.—The Administrator may establish 
a hypersonics research program with the objective of exploring 
the science and technology of hypersonic flight using air-breathing 
propulsion concepts, through a mix of theoretical work, basic and 
applied research, and development of flight research demonstration 
vehicles. The program may also include the transition to the 
hypersonic range of Mach 3 to Mach 5. 
(d) REVOLUTIONARY AERONAUTICAL CONCEPTS.—The Adminis-
trator may establish a research program which covers a unique 
range of subsonic, fixed wing vehicles and propulsion concepts. 
This research is intended to push technology barriers beyond cur-
rent subsonic technology. Propulsion concepts include advanced 
materials, morphing engines, hybrid engines, and fuel cells. 
(e) FUEL CELL-POWERED AIRCRAFT RESEARCH.— 
(1) OBJECTIVE.—The Administrator may establish a fuel cell- 
powered aircraft research program whose objective shall be 
to develop and test concepts to enable a hydrogen fuel cell- 
powered aircraft that would have no hydrocarbon or nitrogen 
oxide emissions into the environment. 
(2) APPROACH.—The Administrator may establish a program 
of competitively awarded grants available to teams of 
researchers that may include the participation of individuals 
from universities, industry, and government for the conduct 
of this research. 
(f) MARS AIRCRAFT RESEARCH.— 
(1) OBJECTIVE.—The Administrator may establish a Mars 
Aircraft project whose objective shall be to develop and test 
concepts for an uncrewed aircraft that could operate for sus-
tained periods in the atmosphere of Mars. 
(2) APPROACH.—The Administrator may establish a program 
of competitively awarded grants available to teams of 
researchers that may include the participation of individuals 
from universities, industry, and government for the conduct 
of this research. 
§ 40113. Airspace systems research 
(a) OBJECTIVE.—The Airspace Systems Research program shall 
pursue research and development to enable revolutionary improve-
ments to and modernization of the National Airspace System, as 
well as to enable the introduction of new systems for vehicles 
that can take advantage of an improved, modern air transportation 
system. 
(b) ALIGNMENT.—Not later than 1 year after December 30, 2005, 
the Administrator shall align the projects of the Airspace Systems 
Research program so that they directly support the objectives of 
the Joint Planning and Development Office’s Next Generation Air 
Transportation System Integrated Plan. 
§ 40114. Aviation safety and security research 
(a) OBJECTIVE.—The Aviation Safety and Security Research pro-
gram shall pursue research and development activities that directly 
address the safety and security needs of the National Airspace 
System and the aircraft that fly in it. The program shall develop 
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124 STAT. 3381 
PUBLIC LAW 111–314—DEC. 18, 2010 
prevention, intervention, and mitigation technologies aimed at 
causal, contributory, or circumstantial factors of aviation accidents. 
(b) ALIGNMENT.—Not later than 1 year after December 30, 2005, 
the Administrator shall align the projects of the Aviation Safety 
and Security Research program so that they directly support the 
objectives of the Joint Planning and Development Office’s Next 
Generation Air Transportation System Integrated Plan. 
§ 40115. Aviation weather research 
The Administrator may carry out a program of collaborative 
research with the National Oceanic and Atmospheric Administra-
tion on convective weather events, with the goal of significantly 
improving the reliability of 2-hour to 6-hour aviation weather fore-
casts. 
§ 40116. University-based Centers for Research on Aviation 
Training 
(a) IN GENERAL.—The Administrator shall award grants to 
institutions of higher education (or consortia thereof) to establish 
one or more Centers for Research on Aviation Training under 
cooperative agreements with appropriate Administration Centers. 
(b) PURPOSE.—The purpose of the Centers for Research on Avia-
tion Training shall be to investigate the impact of new technologies 
and procedures, particularly those related to the aircraft flight 
deck and to the air traffic management functions, on training 
requirements for pilots and air traffic controllers. 
(c) APPLICATION.—An institution of higher education (or a consor-
tium of such institutions) seeking funding under this section shall 
submit an application to the Administrator at such time, in such 
manner, and containing such information as the Administrator 
may require, including, at a minimum, a 5-year research plan. 
(d) AWARD DURATION.—An award made by the Administrator 
under this section shall be for a period of 5 years and may be 
renewed on the basis of— 
(1) satisfactory performance in meeting the goals of the 
research plan proposed in the application submitted under sub-
section (c); and 
(2) other requirements as specified by the Administrator. 
SUBCHAPTER III—SCHOLARSHIPS 
§ 40131. Aeronautics scholarships 
(a) ESTABLISHMENT.—The Administrator shall establish a pro-
gram of scholarships for full-time graduate students who are United 
States citizens and are enrolled in, or have been accepted by and 
have indicated their intention to enroll in, accredited Masters degree 
programs in aeronautical engineering or equivalent programs at 
institutions of higher education. Each such scholarship shall cover 
the costs of room, board, tuition, and fees, and may be provided 
for a maximum of 2 years. 
(b) IMPLEMENTATION.—Not later than 180 days after December 
30, 2005, the Administrator shall publish regulations governing 
the scholarship program under this section. 
(c) COOPERATIVE TRAINING OPPORTUNITIES.—Students who have 
been awarded a scholarship under this section shall have the oppor-
tunity for paid employment at one of the Administration Centers 
engaged in aeronautics research and development during the 
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124 STAT. 3382 
PUBLIC LAW 111–314—DEC. 18, 2010 
summer prior to the first year of the student’s Masters program, 
and between the first and second year, if applicable. 
SUBCHAPTER IV—DATA REQUESTS 
§ 40141. Aviation data requests 
The Administrator shall make available upon request satellite 
imagery and aerial photography of remote terrain that the Adminis-
tration owns at the time of the request to the Administrator of 
the Federal Aviation Administration or the Director of the Five 
Star Medallion Program, to assist and train pilots in navigating 
challenging topographical features of such terrain. 
CHAPTER 403—NATIONAL SPACE GRANT COLLEGE AND 
FELLOWSHIP PROGRAM 
Sec. 
40301.
Purposes. 
40302.
Definitions. 
40303.
National space grant college and fellowship program. 
40304.
Grants or contracts. 
40305.
Specific national needs. 
40306.
Space grant college and space grant regional consortium. 
40307.
Space grant fellowship program. 
40308.
Space grant review panel. 
40309.
Availability of other Federal personnel and data. 
40310.
Designation or award to be on competitive basis. 
40311.
Continuing emphasis. 
§ 40301. Purposes 
The purposes of this chapter are to— 
(1) increase the understanding, assessment, development, and 
utilization of space resources by promoting a strong educational 
base, responsive research and training activities, and broad 
and prompt dissemination of knowledge and techniques; 
(2) utilize the abilities and talents of the universities of 
the Nation to support and contribute to the exploration and 
development of the resources and opportunities afforded by 
the space environment; 
(3) encourage and support, within the university community 
of the Nation, the existence of interdisciplinary and multidisci-
plinary programs of space research that— 
(A) engage in integrated activities of training, research, 
and public service; 
(B) have cooperative programs with industry; and 
(C) are coordinated with the overall program of the 
Administration; 
(4) encourage and support the existence of consortia, made 
up of university and industry members, in order to advance 
the exploration and development of space resources in cases 
in which national objectives can be better fulfilled through 
such consortia than through the programs of single universities; 
(5) encourage and support Federal funding for graduate 
fellowships in fields related to space; and 
(6) support activities in colleges and universities generally 
for the purpose of creating and operating a network of institu-
tional programs that will enhance achievements resulting from 
efforts under this chapter. 
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124 STAT. 3383 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 40302. Definitions 
In this chapter: 
(1) AERONAUTICAL AND SPACE ACTIVITIES.—The term ‘‘aero-
nautical and space activities’’ has the meaning given the term 
in section 20103 of this title. 
(2) FIELD
RELATED
TO
SPACE.—The term ‘‘field related to 
space’’ means any academic discipline or field of study 
(including the physical, natural, and biological sciences, and 
engineering, space technology, education, economics, sociology, 
communications, planning, law, international affairs, and public 
administration) which is concerned with or likely to improve 
the understanding, assessment, development, and utilization 
of space. 
(3) PANEL.—The term ‘‘panel’’ means the space grant review 
panel established pursuant to section 40308 of this title. 
(4) PERSON.—The term ‘‘person’’ means any individual, any 
public or private corporation, partnership, or other association 
or entity (including any space grant college, space grant 
regional consortium, institution of higher education, institute, 
or laboratory), or any State, political subdivision of a State, 
or agency or officer of a State or political subdivision of a 
State. 
(5) SPACE
ENVIRONMENT.—The term ‘‘space environment’’ 
means the environment beyond the sensible atmosphere of 
the Earth. 
(6) SPACE GRANT COLLEGE.—The term ‘‘space grant college’’ 
means any public or private institution of higher education 
which is designated as such by the Administrator pursuant 
to section 40306 of this title. 
(7) SPACE GRANT PROGRAM.—The term ‘‘space grant program’’ 
means any program that— 
(A) is administered by any space grant college, space 
grant regional consortium, institution of higher education, 
institute, laboratory, or State or local agency; and 
(B) includes 2 or more projects involving education and 
one or more of the following activities in the fields related 
to space: 
(i) Research. 
(ii) Training. 
(iii) Advisory services. 
(8) SPACE GRANT REGIONAL CONSORTIUM.—The term ‘‘space 
grant regional consortium’’ means any association or other alli-
ance that is designated as a space grant regional consortium 
by the Administrator pursuant to section 40306 of this title. 
(9) SPACE RESOURCE.—The term ‘‘space resource’’ means any 
tangible or intangible benefit which can be realized only from— 
(A) aeronautical and space activities; or 
(B) advancements in any field related to space. 
(10) STATE.—The term ‘‘State’’ means any State of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, or any other territory 
or possession of the United States. 
§ 40303. National space grant college and fellowship program 
(a) ESTABLISHMENT.—The Administrator shall establish and 
maintain, within the Administration, a program to be known as 
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124 STAT. 3384 
PUBLIC LAW 111–314—DEC. 18, 2010 
the national space grant college and fellowship program. The 
national space grant college and fellowship program shall consist 
of the financial assistance and other activities provided for in this 
chapter. The Administrator shall establish long-range planning 
guidelines and priorities, and adequately evaluate the program. 
(b) FUNCTIONS.—Within the Administration, the program shall— 
(1) apply the long-range planning guidelines and the priorities 
established by the Administrator under subsection (a); 
(2) advise the Administrator with respect to the expertise 
and capabilities which are available through the national space 
grant college and fellowship program, and make such expertise 
available to the Administration as directed by the Adminis-
trator; 
(3) evaluate activities conducted under grants and contracts 
awarded pursuant to sections 40304 and 40305 of this title 
to ensure that the purposes set forth in section 40301 of this 
title are implemented; 
(4) encourage other Federal departments, agencies, and 
instrumentalities to use and take advantage of the expertise 
and capabilities which are available through the national space 
grant college and fellowship program, on a cooperative or other 
basis; 
(5) encourage cooperation and coordination with other Federal 
programs concerned with the development of space resources 
and fields related to space; 
(6) advise the Administrator on the designation of recipients 
supported by the national space grant college and fellowship 
program and, in appropriate cases, on the termination or 
suspension of any such designation; and 
(7) encourage the formation and growth of space grant and 
fellowship programs. 
(c) GENERAL AUTHORITIES.—To carry out the provisions of this 
chapter, the Administrator may— 
(1) accept conditional or unconditional gifts or donations of 
services, money, or property, real, personal or mixed, tangible 
or intangible; 
(2) accept and use funds from other Federal departments, 
agencies, and instrumentalities to pay for fellowships, grants, 
contracts, and other transactions; and 
(3) issue such rules and regulations as may be necessary 
and appropriate. 
§ 40304. Grants or contracts 
(a) AUTHORITY OF ADMINISTRATOR.—The Administrator may make 
grants and enter into contracts or other transactions under this 
subsection to assist any space grant and fellowship program or 
project if the Administrator finds that the program or project will 
carry out the purposes set forth in section 40301 of this title. 
The total amount paid pursuant to a grant or contract may equal 
not more than 66 percent of the total cost of the space grant 
and fellowship program or project involved, except in the case 
of grants or contracts paid for with funds accepted by the Adminis-
trator pursuant to section 40303(c)(2) of this title. 
(b) SPECIAL
GRANTS.—The Administrator may make special 
grants under this subsection to carry out the purposes set forth 
in section 40301 of this title. The amount of a special grant may 
equal up to 100 percent of the total cost of the project involved. 
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124 STAT. 3385 
PUBLIC LAW 111–314—DEC. 18, 2010 
A special grant may be made under this subsection only if the 
Administrator finds that— 
(1) no reasonable means is available through which the 
applicant can meet the matching requirement for a grant under 
subsection (a); 
(2) the probable benefit of the project outweighs the public 
interest in the matching requirement; and 
(3) the same or equivalent benefit cannot be obtained through 
the award of a contract or grant under subsection (a) or section 
40305 of this title. 
(c) APPLICATION.—Any person may apply to the Administrator 
for a grant or contract under this section. Application shall be 
made in such form and manner, and with such content and other 
submissions, as the Administrator shall by regulation prescribe. 
(d) TERMS AND CONDITIONS.— 
(1) IN GENERAL.—Any grant made, or contract entered into, 
under this section shall be subject to the limitations and provi-
sions set forth in paragraphs (2) and (3) and to such other 
terms, conditions, and requirements as the Administrator con-
siders necessary or appropriate. 
(2) LIMITATIONS.—No payment under any grant or contract 
under this section may be applied to— 
(A) the purchase of any land; 
(B) the purchase, construction, preservation, or repair 
of any building; or 
(C) the purchase or construction of any launch facility 
or launch vehicle. 
(3) LEASES.—Notwithstanding paragraph (2), the items in 
subparagraphs (A), (B), and (C) of such paragraph may be 
leased upon written approval of the Administrator. 
(4) RECORDS.—Any person that receives or utilizes any pro-
ceeds of any grant or contract under this section shall keep 
such records as the Administrator shall by regulation prescribe 
as being necessary and appropriate to facilitate effective audit 
and evaluation, including records which fully disclose the 
amount and disposition by such recipient of such proceeds, 
the total cost of the program or project in connection with 
which such proceeds were used, and the amount, if any, of 
such cost which was provided through other sources. Such 
records shall be maintained for 3 years after the completion 
of such a program or project. The Administrator and the Comp-
troller General of the United States, or any of their duly author-
ized representatives, shall have access, for the purpose of audit 
and evaluation, to any books, documents, papers, and records 
of receipts which, in the opinion of the Administrator or the 
Comptroller General, may be related or pertinent to such grants 
and contracts. 
§ 40305. Specific national needs 
(a) IDENTIFICATION OF SPECIFIC NEEDS AND GRANT-MAKING AND 
CONTRACTING AUTHORITY.—The Administrator shall identify spe-
cific national needs and problems relating to space. The Adminis-
trator may make grants or enter into contracts under this section 
with respect to such needs or problems. The amount of any such 
grant or contract may equal up to 100 percent of the total cost 
of the project involved. 
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124 STAT. 3386 
PUBLIC LAW 111–314—DEC. 18, 2010 
(b) APPLICATIONS FOR GRANTS OR CONTRACTS.—Any person may 
apply to the Administrator for a grant or contract under this section. 
In addition, the Administrator may invite applications with respect 
to specific national needs or problems identified under subsection 
(a). Application shall be made in such form and manner, and 
with such content and other submissions, as the Administrator 
shall by regulation prescribe. Any grant made, or contract entered 
into, under this section shall be subject to the limitations and 
provisions set forth in paragraphs (2) and (4) of section 40304(d) 
of this title and to such other terms, conditions, and requirements 
as the Administrator considers necessary or appropriate. 
§ 40306. Space grant college and space grant regional consor-
tium 
(a) DESIGNATION AND QUALIFICATIONS.— 
(1) AUTHORITY TO DESIGNATE.—The Administrator may des-
ignate— 
(A) any institution of higher education as a space grant 
college; and 
(B) any association or other alliance of 2 or more persons, 
other than individuals, as a space grant regional consor-
tium. 
(2) SPACE
GRANT
COLLEGE
REQUIREMENTS.—No institution 
of higher education may be designated as a space grant college 
unless the Administrator finds that such institution— 
(A) is maintaining a balanced program of research, edu-
cation, training, and advisory services in fields related 
to space; 
(B) will act in accordance with such guidelines as are 
prescribed under subsection (b)(2); and 
(C) meets such other qualifications as the Administrator 
considers necessary or appropriate. 
(3) SPACE
GRANT
REGIONAL
CONSORTIUM
REQUIREMENTS.— 
No association or other alliance of 2 or more persons may 
be designated as a space grant regional consortium unless 
the Administrator finds that such association or alliance— 
(A) is established for the purpose of sharing expertise, 
research, educational facilities or training facilities, and 
other capabilities in order to facilitate research, education, 
training, and advisory services in any field related to space; 
(B) will encourage and follow a regional approach to 
solving problems or meeting needs relating to space, in 
cooperation with appropriate space grant colleges, space 
grant programs, and other persons in the region; 
(C) will act in accordance with such guidelines as are 
prescribed under subsection (b)(2); and 
(D) meets such other qualifications as the Administrator 
considers necessary or appropriate. 
(b) QUALIFICATIONS AND GUIDELINES.—The Administrator shall 
by regulation prescribe— 
(1) the qualifications required to be met under paragraphs 
(2)(C) and (3)(D) of subsection (a); and 
(2) guidelines relating to the activities and responsibilities 
of space grant colleges and space grant regional consortia. 
(c) SUSPENSION OR TERMINATION OF DESIGNATION.—The Adminis-
trator may, for cause and after an opportunity for hearing, suspend 
or terminate any designation under subsection (a). 
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124 STAT. 3387 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 40307. Space grant fellowship program 
(a) AWARD OF FELLOWSHIPS.—The Administrator shall support 
a space grant fellowship program to provide educational and 
training assistance to qualified individuals at the graduate level 
of education in fields related to space. Such fellowships shall be 
awarded pursuant to guidelines established by the Administrator. 
Space grant fellowships shall be awarded to individuals at space 
grant colleges, space grant regional consortia, other colleges and 
institutions of higher education, professional associations, and 
institutes in such a manner as to ensure wide geographic and 
institutional diversity in the pursuit of research under the fellow-
ship program. 
(b) LIMITATION ON AMOUNT PROVIDED.—The total amount which 
may be provided for grants under the space grant fellowship pro-
gram during any fiscal year shall not exceed an amount equal 
to 50 percent of the total funds appropriated for such year pursuant 
to this chapter. 
(c) AUTHORITY TO SPONSOR OTHER RESEARCH FELLOWSHIP PRO-
GRAMS UNAFFECTED.—Nothing in this section shall be construed 
to prohibit the Administrator from sponsoring any research fellow-
ship program, including any special emphasis program, which is 
established under an authority other than this chapter. 
§ 40308. Space grant review panel 
(a) ESTABLISHMENT.—The Administrator shall establish an inde-
pendent committee known as the space grant review panel, which 
shall not be subject to the provisions of the Federal Advisory Com-
mittee Act (5 App. U.S.C.). 
(b) DUTIES.—The panel shall take such steps as may be necessary 
to review, and shall advise the Administrator with respect to— 
(1) applications or proposals for, and performance under, 
grants and contracts awarded pursuant to sections 40304 and 
40305 of this title; 
(2) the space grant fellowship program; 
(3) the designation and operation of space grant colleges 
and space grant regional consortia, and the operation of space 
grant and fellowship programs; 
(4) the formulation and application of the planning guidelines 
and priorities pursuant to subsections (a) and (b)(1) of section 
40303 of this title; and 
(5) such other matters as the Administrator refers to the 
panel for review and advice. 
(c) PERSONNEL
AND ADMINISTRATIVE SERVICES.—The Adminis-
trator shall make available to the panel any information, personnel, 
and administrative services and assistance which is reasonable 
to carry out the duties of the panel. 
(d) MEMBERS.— 
(1) APPOINTMENT.—The Administrator shall appoint the 
voting members of the panel. A majority of the voting members 
shall be individuals who, by reason of knowledge, experience, 
or training, are especially qualified in one or more of the 
disciplines and fields related to space. The other voting mem-
bers shall be individuals who, by reason of knowledge, experi-
ence, or training, are especially qualified in, or representative 
of, education, extension services, State government, industry, 
economics, planning, or any other activity related to efforts 
to enhance the understanding, assessment, development, or 
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124 STAT. 3388 
PUBLIC LAW 111–314—DEC. 18, 2010 
utilization of space resources. The Administrator shall consider 
the potential conflict of interest of any individual in making 
appointments to the panel. 
(2) CHAIRMAN AND VICE CHAIRMAN.—The Administrator shall 
select one voting member to serve as the Chairman and another 
voting member to serve as the Vice Chairman. The Vice Chair-
man shall act as Chairman in the absence or incapacity of 
the Chairman. 
(3) REIMBURSEMENT FOR EXPENSES.—Voting members of the 
panel who are not Federal employees shall be reimbursed for 
actual and reasonable expenses incurred in the performance 
of such duties. 
(4) MEETINGS.—The panel shall meet on a biannual basis 
and, at any other time, at the call of the Chairman or upon 
the request of a majority of the voting members or of the 
Administrator. 
(5) POWERS.—The panel may exercise such powers as are 
reasonably necessary in order to carry out the duties enumer-
ated in subsection (b). 
§ 40309. Availability of other Federal personnel and data 
Each department, agency, or other instrumentality of the Federal 
Government that is engaged in or concerned with, or that has 
authority over, matters relating to space— 
(1) may, upon a written request from the Administrator, 
make available, on a reimbursable basis or otherwise, any 
personnel (with their consent and without prejudice to their 
position and rating), service, or facility which the Administrator 
considers necessary to carry out any provision of this chapter; 
(2) may, upon a written request from the Administrator, 
furnish any available data or other information which the 
Administrator considers necessary to carry out any provision 
of this chapter; and 
(3) may cooperate with the Administration. 
§ 40310. Designation or award to be on competitive basis 
The Administrator shall not under this chapter designate any 
space grant college or space grant regional consortium or award 
any fellowship, grant, or contract unless such designation or award 
is made in accordance with the competitive, merit-based review 
process employed by the Administration on October 30, 1987. 
§ 40311. Continuing emphasis 
The Administration shall continue its emphasis on the importance 
of education to expand opportunities for Americans to understand 
and participate in the Administration’s aeronautics and space 
projects by supporting and enhancing science and engineering edu-
cation, research, and public outreach efforts. 
CHAPTER 405—BIOMEDICAL RESEARCH IN SPACE 
Sec. 
40501.
Biomedical research joint working group. 
40502.
Biomedical research grants. 
40503.
Biomedical research fellowships. 
40504.
Establishment of electronic data archive. 
40505.
Establishment of emergency medical service telemedicine capability. 
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124 STAT. 3389 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 40501. Biomedical research joint working group 
(a) ESTABLISHMENT.—The Administrator and the Director of the 
National Institutes of Health shall jointly establish a working group 
to coordinate biomedical research activities in areas where a micro-
gravity environment may contribute to significant progress in the 
understanding and treatment of diseases and other medical condi-
tions. The joint working group shall formulate joint and complemen-
tary programs in such areas of research. 
(b) MEMBERSHIP.—The joint working group shall include equal 
representation from the Administration and the National Institutes 
of Health, and shall include representation from National Institutes 
of Health councils, as selected by the Director of the National 
Institutes of Health, and from the National Aeronautics and Space 
Administration Advisory Council. 
(c) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA.—The joint working 
group shall organize annual symposia on biomedical research 
described in subsection (a) under the joint sponsorship of the 
Administration and the National Institutes of Health. 
(d) ANNUAL REPORTING REQUIREMENT.—The joint working group 
shall report annually to Congress on its progress in carrying out 
this section. 
§ 40502. Biomedical research grants 
(a) ESTABLISHMENT OF PROGRAM.—The Administrator and the 
Director of the National Institutes of Health shall establish a joint 
program of biomedical research grants in areas described in section 
40501(a) of this title, where such research requires access to a 
microgravity environment. Such program shall be consistent with 
actions taken by the joint working group under section 40501 of 
this title. 
(b) RESEARCH OPPORTUNITY ANNOUNCEMENTS.—The grants pro-
gram 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 com-
mittee 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. 
§ 40503. Biomedical research fellowships 
The Administrator and the Director of the National Institutes 
of Health shall create a joint program of graduate research fellow-
ships in biomedical research described in section 40501(a) of this 
title. Fellowships under such program may provide for participation 
in approved research conferences and symposia. 
§ 40504. Establishment of electronic data archive 
The Administrator shall create and maintain a national electronic 
data archive for biomedical research data obtained from space- 
based experiments. 
§ 40505. Establishment of emergency medical service tele-
medicine capability 
The Administrator, the Administrator of the Federal Emergency 
Management Agency, the Director of the Office of Foreign Disaster 
Assistance, and the Surgeon General of the United States shall 
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124 STAT. 3390 
PUBLIC LAW 111–314—DEC. 18, 2010 
jointly create and maintain an international telemedicine satellite 
consultation capability to support emergency medical services in 
disaster-stricken areas. 
CHAPTER 407—ENVIRONMENTALLY FRIENDLY 
AIRCRAFT 
Sec. 
40701.
Research and development initiative. 
40702.
Additional research and development initiative. 
40703.
Research alignment. 
40704.
Research program on perceived impact of sonic booms. 
§ 40701. Research and development initiative 
The Administrator may establish an initiative with the objective 
of developing, and demonstrating in a relevant environment, tech-
nologies to enable the following commercial aircraft performance 
characteristics: 
(1) NOISE LEVELS.—Noise levels on takeoff and on airport 
approach and landing that do not exceed ambient noise levels 
in the absence of flight operations in the vicinity of airports 
from which such commercial aircraft would normally operate. 
(2) ENERGY CONSUMPTION.—Twenty-five percent reduction in 
the energy required for medium- to long-range flights, compared 
to aircraft in commercial service as of December 30, 2005. 
(3) EMISSIONS.—Nitrogen oxides on take-off and landing that 
are significantly reduced, without adversely affecting hydro-
carbons and smoke, relative to aircraft in commercial service 
as of December 30, 2005. 
§ 40702. Additional research and development initiative 
The Administrator shall establish an initiative involving the 
Administration, universities, industry, and other research organiza-
tions as appropriate, of research, development, and demonstration, 
in a relevant environment, of technologies to enable the following 
commercial aircraft performance characteristics: 
(1) NOISE LEVELS.—Noise levels on takeoff and on airport 
approach and landing that do not exceed ambient noise levels 
in the absence of flight operations in the vicinity of airports 
from which such commercial aircraft would normally operate, 
without increasing energy consumption or nitrogen oxide emis-
sions compared to aircraft in commercial service as of October 
15, 2008. 
(2) GREENHOUSE GAS EMISSIONS.—Significant reductions in 
greenhouse gas emissions compared to aircraft in commercial 
services as of October 15, 2008. 
§ 40703. Research alignment 
In addition to pursuing the research and development initiative 
described in section 40702 of this title, the Administrator shall, 
to the maximum extent practicable within available funding, align 
the fundamental aeronautics research program to address high 
priority technology challenges of the National Academies’ Decadal 
Survey of Civil Aeronautics, and shall work to increase the degree 
of involvement of external organizations, and especially of univer-
sities, in the fundamental aeronautics research program. 
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124 STAT. 3391 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 40704. Research program on perceived impact of sonic 
booms 
(a) 
ESTABLISHMENT.—The 
Administrator 
shall 
establish 
a 
cooperative research program with industry, including the conduct 
of flight demonstrations in a relevant environment, to collect data 
on the perceived impact of sonic booms. The data could enable 
the promulgation of appropriate standards for overland commercial 
supersonic flight operations. 
(b) COORDINATION.—The Administrator shall ensure that sonic 
boom research is coordinated as appropriate with the Administrator 
of the Federal Aviation Administration, and as appropriate make 
use of the expertise of the Partnership for Air Transportation Noise 
and Emissions Reduction Center of Excellence sponsored by the 
Administration and the Federal Aviation Administration. 
CHAPTER 409—MISCELLANEOUS 
Sec. 
40901.
Science, Space, and Technology Education Trust Fund. 
40902.
National Aeronautics and Space Administration Endeavor Teacher Fellow-
ship Trust Fund. 
40903.
Experimental Program to Stimulate Competitive Research—merit grant 
competition requirements. 
40904.
Microgravity research. 
40905.
Program to expand distance learning in rural underserved areas. 
40906.
Equal access to the Administration’s education programs. 
40907.
Museums. 
40908.
Continuation of certain education programs. 
40909.
Compliance with title IX of Education Amendments of 1972. 
§ 40901. Science, Space, and Technology Education Trust 
Fund 
There is appropriated, by transfer from funds appropriated in 
the Department of Housing and Urban Development—Independent 
Agencies Appropriations Act, 1989 (Public Law 100–404, 102 Stat. 
1014), for ‘‘Construction of facilities’’, the sum of $15,000,000 to 
the ‘‘Science, Space, and Technology Education Trust Fund’’, which 
is hereby established in the Treasury of the United States. The 
Secretary of the Treasury shall invest these funds in the United 
States Treasury special issue securities, and interest shall be cred-
ited to the Trust Fund on a quarterly basis. Such interest shall 
be available for the purpose of making grants for programs directed 
at improving science, space, and technology education in the United 
States. The Administrator, after consultation with the Director 
of the National Science Foundation, shall review applications made 
for such grants and determine the distribution of available funds 
on a competitive basis. Grants shall be made available to any 
awardee only to the extent that the awardee provides matching 
funds from non-Federal sources to carry out the program for which 
grants from this Trust Fund are made. Of the funds made available 
by this Trust Fund, $250,000 shall be disbursed each calendar 
quarter to the Challenger Center for Space Science Education. 
The Administrator shall submit to Congress an annual report on 
the grants made pursuant to this section. 
§ 40902. National Aeronautics and Space Administration 
Endeavor Teacher Fellowship Trust Fund 
(a) ESTABLISHMENT.—There is established in the Treasury of 
the United States, in tribute to the dedicated crew of the Space 
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124 STAT. 3392 
PUBLIC LAW 111–314—DEC. 18, 2010 
Shuttle Challenger, a trust fund to be known as the National 
Aeronautics and Space Administration Endeavor Teacher Fellow-
ship Trust Fund (hereafter in this section referred to as the ‘‘Trust 
Fund’’). The Trust Fund shall consist of amounts which may from 
time to time, at the discretion of the Administrator, be transferred 
from the National Aeronautics and Space Administration Gifts and 
Donations Trust Fund. 
(b) INVESTMENT OF TRUST FUND.—The Administrator shall direct 
the Secretary of the Treasury to invest and reinvest funds in 
the Trust Fund in public debt securities with maturities suitable 
for the needs of the Trust Fund, and bearing interest at rates 
determined by the Secretary of the Treasury, taking into consider-
ation the current average market yield on outstanding marketable 
obligations of the United States of comparable maturities. Interest 
earned shall be credited to the Trust Fund. 
(c) PURPOSE.—Income accruing from the Trust Fund principal 
shall be used to create the National Aeronautics and Space Adminis-
tration Endeavor Teacher Fellowship Program, to the extent pro-
vided in advance in appropriation Acts. The Administrator is 
authorized to use such funds to award fellowships to selected United 
States nationals who are undergraduate students pursuing a course 
of study leading to certified teaching degrees in elementary edu-
cation or in secondary education in mathematics, science, or tech-
nology disciplines. Awards shall be made pursuant to standards 
established for the fellowship program by the Administrator. 
§ 40903. Experimental Program to Stimulate Competitive 
Research—merit grant competition requirements 
(a) DEFINITION OF ELIGIBLE STATE.—In this section, the term 
‘‘eligible State’’ means a State designated by the Administrator 
as eligible to compete in the National Science Foundation’s Experi-
mental 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 
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124 STAT. 3393 
PUBLIC LAW 111–314—DEC. 18, 2010 
integrate the participating eligible States in both existing and new 
or emerging Administration research programs and center activities. 
§ 40904. Microgravity research 
The Administrator shall— 
(1) ensure the capacity to support ground-based research 
leading to space-based basic and applied scientific research 
in a variety of disciplines with potential direct national benefits 
and applications that can be advanced significantly from the 
uniqueness of microgravity and the space environment; and 
(2) carry out, to the maximum extent practicable, basic, 
applied, and commercial International Space Station research 
in fields such as molecular crystal growth, animal research, 
basic fluid physics, combustion research, cellular biotechnology, 
low-temperature physics, and cellular research at a level that 
will sustain the existing United States scientific expertise and 
research capability in microgravity research. 
§ 40905. Program to expand distance learning in rural under-
served areas 
(a) IN GENERAL.—The Administrator shall develop or expand 
programs to extend science and space educational outreach to rural 
communities and schools through video conferencing, interpretive 
exhibits, teacher education, classroom presentations, and student 
field trips. 
(b) PRIORITIES.—In carrying out subsection (a), the Administrator 
shall give priority to existing programs, including Challenger 
Learning Centers— 
(1) that utilize community-based partnerships in the field; 
(2) that build and maintain video conference and exhibit 
capacity; 
(3) that travel directly to rural communities and serve low- 
income populations; and 
(4) with a special emphasis on increasing the number of 
women and minorities in the science and engineering profes-
sions. 
§ 40906. Equal access to the Administration’s education pro-
grams 
(a) IN GENERAL.—The Administrator shall strive to ensure equal 
access for minority and economically disadvantaged students to 
the Administration’s education programs. 
(b) REPORT.—Every 2 years, the Administrator shall submit a 
report to the Committee on Science and Technology of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate describing the efforts by the Adminis-
trator to ensure equal access for minority and economically dis-
advantaged students under this section and the results of such 
efforts. As part of the report, the Administrator shall provide— 
(1) data on minority participation in the Administration’s 
education programs, at a minimum in the categories of— 
(A) elementary and secondary education; 
(B) undergraduate education; and 
(C) graduate education; and 
(2) the total value of grants the Administration made to 
Historically Black Colleges and Universities and to Hispanic 
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124 STAT. 3394 
PUBLIC LAW 111–314—DEC. 18, 2010 
Serving Institutions through education programs during the 
period covered by the report. 
(c) PROGRAM.—The Administrator shall establish the Dr. Mae 
C. Jemison Grant Program to work with Minority Serving Institu-
tions to bring more women of color into the field of space and 
aeronautics. 
§ 40907. Museums 
The Administrator may provide grants to, and enter into coopera-
tive agreements with, museums and planetariums to enable them 
to enhance programs related to space exploration, aeronautics, space 
science, Earth science, or microgravity. 
§ 40908. Continuation of certain education programs 
From amounts appropriated to the Administration for education 
programs, the Administrator shall ensure the continuation of the 
Space Grant Program, the Experimental Program to Stimulate 
Competitive Research, and, consistent with the results of the review 
under section 614 of the National Aeronautics and Space Adminis-
tration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 
2933), the Administration Explorer School program, to motivate 
and develop the next generation of explorers. 
§ 40909. Compliance with title IX of Education Amendments 
of 1972 
To comply with title IX of the Education Amendments of 1972 
(20 U.S.C. 1681 et seq.), the Administrator shall conduct compliance 
reviews of at least 2 grantees annually. 
Subtitle V—Programs Targeting 
Commercial Opportunities 
CHAPTER 501—SPACE COMMERCE 
SUBCHAPTER I—GENERAL 
Sec. 
50101.
Definitions. 
SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES 
50111.
Commercialization of Space Station. 
50112.
Promotion of United States Global Positioning System standards. 
50113.
Acquisition of space science data. 
50114.
Administration of commercial space centers. 
50115.
Sources of Earth science data. 
50116.
Commercial technology transfer program. 
SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION 
SERVICES 
50131.
Requirement to procure commercial space transportation services. 
50132.
Acquisition of commercial space transportation services. 
50133.
Shuttle privatization. 
50134.
Use of excess intercontinental ballistic missiles. 
SUBCHAPTER I—GENERAL 
§ 50101. Definitions 
In this chapter: 
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124 STAT. 3395 
PUBLIC LAW 111–314—DEC. 18, 2010 
(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 govern-
ments. 
(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 pro-
vider, 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 appro-
priate, 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— 
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124 STAT. 3396 
PUBLIC LAW 111–314—DEC. 18, 2010 
(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 invest-
ment opportunities, that are not provided to for-
eign companies in the United States; and 
(III) providing adequate and effective protection 
for the intellectual property rights of companies 
described in subparagraph (A). 
SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE 
OPPORTUNITIES 
§ 50111. Commercialization of Space Station 
(a) POLICY.—Congress declares that a priority goal of constructing 
the International Space Station is the economic development of 
Earth orbital space. Congress further declares that free and 
competitive markets create the most efficient conditions for pro-
moting economic development, and should therefore govern the 
economic development of Earth orbital space. Congress further 
declares that the use of free market principles in operating, serv-
icing, allocating the use of, and adding capabilities to the Space 
Station, and the resulting fullest possible engagement of commercial 
providers and participation of commercial users, will reduce Space 
Station operational costs for all partners and the Federal Govern-
ment’s share of the United States burden to fund operations. 
(b) USE OF UNITED STATES COMMERCIALLY PROVIDED SERVICES.— 
(1) IN GENERAL.—In order to stimulate commercial use of 
space, help maximize the utility and productivity of the Inter-
national Space Station, and enable a commercial means of 
providing crew transfer and crew rescue services for the Inter-
national Space Station, the Administration shall— 
(A) make use of United States commercially provided 
International Space Station crew transfer and crew rescue 
services to the maximum extent practicable, if those 
commercial services have demonstrated the capability to 
meet Administration-specified ascent, entry, and Inter-
national Space Station proximity operations safety require-
ments; 
(B) limit, to the maximum extent practicable, the use 
of the Crew Exploration Vehicle to missions carrying astro-
nauts beyond low Earth orbit once commercial crew 
transfer and crew rescue services that meet safety require-
ments become operational; 
(C) facilitate, to the maximum extent practicable, the 
transfer of Administration-developed technologies to poten-
tial United States commercial crew transfer and rescue 
service providers, consistent with United States law; and 
(D) issue a notice of intent, not later than 180 days 
after October 15, 2008, to enter into a funded, competitively 
awarded Space Act Agreement with 2 or more commercial 
entities for a Phase 1 Commercial Orbital Transportation 
Services crewed vehicle demonstration program. 
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124 STAT. 3397 
PUBLIC LAW 111–314—DEC. 18, 2010 
(2) CONGRESSIONAL
INTENT.—It is the intent of Congress 
that funding for the program described in paragraph (1)(D) 
shall not come at the expense of full funding of the amounts 
authorized under section 101(3)(A) of the National Aeronautics 
and Space Administration Authorization Act of 2008 (Public 
Law 110–422, 122 Stat. 4783), and for future fiscal years, 
for Orion Crew Exploration Vehicle development, Ares I Crew 
Launch Vehicle development, or International Space Station 
cargo delivery. 
(3) ADDITIONAL
TECHNOLOGIES.—The Administration shall 
make International Space Station-compatible docking adaptors 
and other relevant technologies available to the commercial 
crew providers selected to service the International Space Sta-
tion. 
(4) CREW TRANSFER AND CREW RESCUE SERVICES CONTRACT.— 
If a commercial provider demonstrates the capability to provide 
International Space Station crew transfer and crew rescue serv-
ices and to satisfy Administration ascent, entry, and Inter-
national Space Station proximity operations safety require-
ments, the Administration shall enter into an International 
Space Station crew transfer and crew rescue services contract 
with that commercial provider for a portion of the Administra-
tion’s anticipated International Space Station crew transfer 
and crew rescue requirements from the time the commercial 
provider commences operations under contract with the 
Administration through calendar year 2016, with an option 
to extend the period of performance through calendar year 
2020. 
§ 50112. Promotion of United States Global Positioning 
System standards 
In order to support and sustain the Global Positioning System 
in a manner that will most effectively contribute to the national 
security, public safety, scientific, and economic interests of the 
United States, Congress encourages the President to— 
(1) ensure the operation of the Global Positioning System 
on a continuous worldwide basis free of direct user fees; 
(2) enter into international agreements that promote coopera-
tion with foreign governments and international organizations 
to— 
(A) establish the Global Positioning System and its aug-
mentations as an acceptable international standard; and 
(B) eliminate any foreign barriers to applications of the 
Global Positioning System worldwide; and 
(3) provide clear direction and adequate resources to the 
Assistant Secretary of Commerce for Communications and 
Information so that on an international basis the Assistant 
Secretary can— 
(A) achieve and sustain efficient management of the 
electromagnetic spectrum used by the Global Positioning 
System; and 
(B) protect that spectrum from disruption and inter-
ference. 
§ 50113. Acquisition of space science data 
(a) DEFINITION OF SPACE SCIENCE DATA.—In this section, the 
term ‘‘space science data’’ includes scientific data concerning— 
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124 STAT. 3398 
PUBLIC LAW 111–314—DEC. 18, 2010 
(1) the elemental and mineralogical resources of the moon, 
asteroids, planets and their moons, and comets; 
(2) microgravity acceleration; and 
(3) solar storm monitoring. 
(b) ACQUISITION FROM COMMERCIAL PROVIDERS.—The Adminis-
trator shall, to the extent possible and while satisfying the scientific 
or educational requirements of the Administration, and where 
appropriate, of other Federal agencies and scientific researchers, 
acquire, where cost effective, space science data from a commercial 
provider. 
(c) TREATMENT OF SPACE SCIENCE DATA AS COMMERCIAL ITEM 
UNDER ACQUISITION LAWS.—Acquisitions of space science data by 
the Administrator shall be carried out in accordance with applicable 
acquisition laws and regulations (including chapters 137 and 140 
of title 10). For purposes of such law and regulations, space science 
data shall be considered to be a commercial item. Nothing in this 
subsection shall be construed to preclude the United States from 
acquiring, through contracts with commercial providers, sufficient 
rights in data to meet the needs of the scientific and educational 
community or the needs of other government activities. 
(d) SAFETY STANDARDS.—Nothing in this section shall be con-
strued to prohibit the Federal Government from requiring compli-
ance with applicable safety standards. 
(e) LIMITATION.—This section does not authorize the Administra-
tion to provide financial assistance for the development of commer-
cial systems for the collection of space science data. 
§ 50114. Administration of commercial space centers 
The Administrator shall administer the Commercial Space Center 
program in a coordinated manner from Administration head-
quarters in Washington, D.C. 
§ 50115. Sources of Earth science data 
(a) ACQUISITION.—The Administrator shall, to the extent possible 
and while satisfying the scientific or educational requirements of 
the Administration, and where appropriate, of other Federal agen-
cies and scientific researchers, acquire, where cost-effective, space- 
based and airborne Earth remote sensing data, services, distribu-
tion, and applications from a commercial provider. 
(b) TREATMENT
AS
COMMERCIAL
ITEM
UNDER
ACQUISITION 
LAWS.—Acquisitions by the Administrator of the data, services, 
distribution, and applications referred to in subsection (a) shall 
be carried out in accordance with applicable acquisition laws and 
regulations (including chapters 137 and 140 of title 10). For pur-
poses of such law and regulations, such data, services, distribution, 
and applications shall be considered to be a commercial item. 
Nothing in this subsection shall be construed to preclude the United 
States from acquiring, through contracts with commercial providers, 
sufficient rights in data to meet the needs of the scientific and 
educational community or the needs of other government activities. 
(c) SAFETY STANDARDS.—Nothing in this section shall be con-
strued to prohibit the Federal Government from requiring compli-
ance with applicable safety standards. 
(d) ADMINISTRATION AND EXECUTION.—This section shall be car-
ried out as part of the Commercial Remote Sensing Program at 
the Stennis Space Center. 
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124 STAT. 3399 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 50116. Commercial technology transfer program 
(a) IN GENERAL.—The Administrator shall execute a commercial 
technology transfer program with the goal of facilitating the 
exchange of services, products, and intellectual property between 
the Administration and the private sector. This program shall place 
at least as much emphasis on encouraging the transfer of Adminis-
tration technology to the private sector (‘‘spinning out’’) as on 
encouraging use of private sector technology by the Administration. 
This program shall be maintained in a manner that provides clear 
benefits for the Administration, the domestic economy, and the 
research community. 
(b) PROGRAM STRUCTURE.—In carrying out the program described 
in subsection (a), the Administrator shall provide program partici-
pants with at least 45 days notice of any proposed changes to 
the structure of the Administration’s technology transfer and 
commercialization organizations that is in effect as of December 
30, 2005. 
SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE 
TRANSPORTATION SERVICES 
§ 50131. Requirement to procure commercial space transpor-
tation services 
(a) IN GENERAL.—Except as otherwise provided in this section, 
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 spe-
cific 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 secu-
rity 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 conjunc-
tion 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, 
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124 STAT. 3400 
PUBLIC LAW 111–314—DEC. 18, 2010 
development, demonstration, scientific, commercial, and edu-
cational programs authorized by the Administrator. 
(c) AGREEMENTS WITH FOREIGN ENTITIES.—Nothing in this sec-
tion shall prevent the Administrator from planning or negotiating 
agreements with foreign entities for the launch of Federal Govern-
ment 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 dis-
play purposes. 
§ 50132. Acquisition of commercial space transportation 
services 
(a) TREATMENT OF COMMERCIAL SPACE TRANSPORTATION SERVICES 
AS COMMERCIAL ITEM UNDER ACQUISITION LAWS.—Acquisitions of 
space transportation services by the Federal Government shall be 
carried out in accordance with applicable acquisition laws and regu-
lations (including chapters 137 and 140 of title 10). For purposes 
of such law and regulations, space transportation services shall 
be considered to be a commercial item. 
(b) SAFETY STANDARDS.—Nothing in this section shall be con-
strued to prohibit the Federal Government from requiring compli-
ance with applicable safety standards. 
§ 50133. Shuttle privatization 
The Administrator shall prepare for an orderly transition from 
the Federal operation, or Federal management of contracted oper-
ation, of space transportation systems to the Federal purchase 
of commercial space transportation services for all nonemergency 
space transportation requirements for transportation to and from 
Earth orbit, including human, cargo, and mixed payloads. In those 
preparations, the Administrator shall take into account the need 
for short-term economies, as well as the goal of restoring the 
Administration’s research focus and its mandate to promote the 
fullest possible commercial use of space. As part of those prepara-
tions, the Administrator shall plan for the potential privatization 
of the space shuttle program. Such plan shall keep safety and 
cost effectiveness as high priorities. Nothing in this section shall 
prohibit the Administration from studying, designing, developing, 
or funding upgrades or modifications essential to the safe and 
economical operation of the space shuttle fleet. 
§ 50134. Use of excess intercontinental ballistic missiles 
(a) IN GENERAL.—The Federal Government shall not— 
(1) convert any missile described in subsection (c) to a space 
transportation vehicle configuration; or 
(2) transfer ownership of any such missile to another person, 
except as provided in subsection (b). 
(b) AUTHORIZED FEDERAL USES.— 
(1) IN GENERAL.—A missile described in subsection (c) may 
be converted for use as a space transportation vehicle by the 
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124 STAT. 3401 
PUBLIC LAW 111–314—DEC. 18, 2010 
Federal Government if, except as provided in paragraph (2) 
and at least 30 days before such conversion, the agency seeking 
to use the missile as a space transportation vehicle transmits 
to the Committee on Armed Services and the Committee on 
Science and Technology of the House of Representatives, and 
to the Committee on Armed Services and the Committee on 
Commerce, Science, and Transportation of the Senate, a certifi-
cation that the use of such missile— 
(A) would result in cost savings to the Federal Govern-
ment when compared to the cost of acquiring space 
transportation services from United States commercial pro-
viders; 
(B) meets all mission requirements of the agency, 
including performance, schedule, and risk requirements; 
(C) is consistent with international obligations of the 
United States; and 
(D) is approved by the Secretary of Defense or the des-
ignee of the Secretary of Defense. 
(2) EXCEPTION
TO
REQUIREMENT
THAT
CERTIFICATION
BE 
TRANSMITTED 30 DAYS BEFORE CONVERSION.—The requirement 
under paragraph (1) that the certification described in that 
paragraph must be transmitted at least 30 days before conver-
sion of the missile shall not apply if the Secretary of Defense 
determines that compliance with that requirement would be 
inconsistent with meeting immediate national security require-
ments. 
(c) MISSILES REFERRED TO.—The missiles referred to in this sec-
tion are missiles owned by the United States that— 
(1) were formerly used by the Department of Defense for 
national defense purposes as intercontinental ballistic missiles; 
and 
(2) have been declared excess to United States national 
defense needs and are in compliance with international obliga-
tions of the United States. 
CHAPTER 503—COMMERCIAL REUSABLE IN-SPACE 
TRANSPORTATION 
Sec. 
50301.
Definitions. 
50302.
Loan guarantees for production of commercial reusable in-space transpor-
tation. 
§ 50301. Definitions 
In this chapter: 
(1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 
means any person or entity providing commercial reusable in- 
orbit space transportation services or systems, primary control 
of which is held by persons other than the Federal Government, 
a State or local government, or a foreign government. 
(2) IN-SPACE TRANSPORTATION SERVICES.—The term ‘‘in-space 
transportation services’’ means operations and activities 
involved in the direct transportation or attempted transpor-
tation of a payload or object from one orbit to another by 
means of an in-space transportation vehicle. 
(3) IN-SPACE TRANSPORTATION SYSTEM.—The term ‘‘in-space 
transportation system’’ means the space and ground elements, 
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124 STAT. 3402 
PUBLIC LAW 111–314—DEC. 18, 2010 
including in-space transportation vehicles and support space 
systems, and ground administration and control facilities and 
associated equipment, necessary for the provision of in-space 
transportation services. 
(4) IN-SPACE TRANSPORTATION VEHICLE.—The term ‘‘in-space 
transportation vehicle’’ means a vehicle designed— 
(A) to be based and operated in space; 
(B) to transport various payloads or objects from one 
orbit to another orbit; and 
(C) to be reusable and refueled in space. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Defense. 
(6) UNITED
STATES
COMMERCIAL
PROVIDER.—The term 
‘‘United States commercial provider’’ means any commercial 
provider organized under the laws of the United States that 
is more than 50 percent owned by United States nationals. 
§ 50302. Loan guarantees for production of commercial 
reusable in-space transportation 
(a) AUTHORITY TO MAKE LOAN GUARANTEES.—The Secretary may 
guarantee loans made to eligible United States commercial pro-
viders for purposes of producing commercial reusable in-space 
transportation services or systems. 
(b) ELIGIBLE UNITED STATES COMMERCIAL PROVIDERS.—The Sec-
retary shall prescribe requirements for the eligibility of United 
States commercial providers for loan guarantees under this section. 
Such requirements shall ensure that eligible providers are finan-
cially capable of undertaking a loan guaranteed under this section. 
(c) LIMITATION ON LOANS GUARANTEED.—The Secretary may not 
guarantee a loan for a United States commercial provider under 
this section unless the Secretary determines that credit would not 
otherwise be reasonably available at the time of the guarantee 
for the commercial reusable in-space transportation service or 
system to be produced utilizing the proceeds of the loan. 
(d) CREDIT SUBSIDY.— 
(1) COLLECTION REQUIRED.—The Secretary shall collect from 
each United States commercial provider receiving a loan guar-
antee under this section an amount equal to the amount, as 
determined by the Secretary, to cover the cost, as defined 
in section 502(5) of the Federal Credit Reform Act of 1990 
(2 U.S.C. 661a(5)), of the loan guarantee. 
(2) PERIODIC DISBURSEMENTS.—In the case of a loan guar-
antee in which proceeds of the loan are disbursed over time, 
the Secretary shall collect the amount required under this 
subsection on a pro rata basis, as determined by the Secretary, 
at the time of each disbursement. 
(e) OTHER TERMS AND CONDITIONS.— 
(1) PROHIBITION
ON
SUBORDINATION.—A loan guaranteed 
under this section may not be subordinated to another debt 
contracted by the United States commercial provider concerned, 
or to any other claims against such provider. 
(2) RESTRICTION ON INCOME.—A loan guaranteed under this 
section may not— 
(A) provide income which is excluded from gross income 
for purposes of chapter 1 of the Internal Revenue Code 
of 1986 (26 U.S.C. 1 et seq.); or 
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124 STAT. 3403 
PUBLIC LAW 111–314—DEC. 18, 2010 
(B) provide significant collateral or security, as deter-
mined by the Secretary, for other obligations the income 
from which is so excluded. 
(3) TREATMENT
OF
GUARANTEE.—The guarantee of a loan 
under this section shall be conclusive evidence of the following: 
(A) That the guarantee has been properly obtained. 
(B) That the loan qualifies for the guarantee. 
(C) That, but for fraud or material misrepresentation 
by the holder of the loan, the guarantee is valid, legal, 
and enforceable. 
(4) OTHER TERMS AND CONDITIONS.—The Secretary may estab-
lish any other terms and conditions for a guarantee of a loan 
under this section as the Secretary considers appropriate to 
protect the financial interests of the United States. 
(f) ENFORCEMENT OF RIGHTS.— 
(1) IN GENERAL.—The Attorney General may take any action 
the Attorney General considers appropriate to enforce any right 
accruing to the United States under a loan guarantee under 
this section. 
(2) FORBEARANCE.—The Attorney General may, with the 
approval of the parties concerned, forbear from enforcing any 
right of the United States under a loan guaranteed under 
this section for the benefit of a United States commercial pro-
vider if such forbearance will not result in any cost, as defined 
in section 502(5) of the Federal Credit Reform Act of 1990 
(2 U.S.C. 661a(5)), to the United States. 
(3) UTILIZATION OF PROPERTY.—Notwithstanding any other 
provision of law and subject to the terms of a loan guaranteed 
under this section, upon the default of a United States commer-
cial provider under the loan, the Secretary may, at the election 
of the Secretary— 
(A) assume control of the physical asset financed by 
the loan; and 
(B) complete, recondition, reconstruct, renovate, repair, 
maintain, operate, or sell the physical asset. 
(g) CREDIT INSTRUMENTS.— 
(1) AUTHORITY TO ISSUE INSTRUMENTS.—Notwithstanding any 
other provision of law, the Secretary may, subject to such 
terms and conditions as the Secretary considers appropriate, 
issue credit instruments to United States commercial providers 
of in-space transportation services or systems, with the aggre-
gate cost (as determined under the provisions of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of such 
instruments not to exceed $1,500,000,000, but only to the extent 
that new budget authority to cover such costs is provided in 
subsequent appropriations Acts or authority is otherwise pro-
vided in subsequent appropriations Acts. 
(2) CREDIT SUBSIDY.—The Secretary shall provide a credit 
subsidy for any credit instrument issued under this subsection 
in accordance with the provisions of the Federal Credit Reform 
Act of 1990 (2 U.S.C. 661 et seq.). 
(3) CONSTRUCTION.—The eligibility of a United States 
commercial provider of in-space transportation services or sys-
tems for a credit instrument under this subsection is in addition 
to any eligibility of such provider for a loan guarantee under 
other provisions of this section. 
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124 STAT. 3404 
PUBLIC LAW 111–314—DEC. 18, 2010 
CHAPTER 505—COMMERCIAL SPACE COMPETITIVENESS 
Sec. 
50501.
Definitions. 
50502.
Launch voucher demonstration program. 
50503.
Anchor tenancy and termination liability. 
50504.
Use of Government facilities. 
50505.
Test facilities. 
50506.
Commercial Space Achievement Award. 
§ 50501. Definitions 
In this chapter: 
(1) AGENCY.—The term ‘‘agency’’ means an executive agency 
as defined in section 105 of title 5. 
(2) ANCHOR TENANCY.—The term ‘‘anchor tenancy’’ means 
an arrangement in which the United States Government agrees 
to procure sufficient quantities of a commercial space product 
or service needed to meet Government mission requirements 
so that a commercial venture is made viable. 
(3) COMMERCIAL.—The term ‘‘commercial’’ means having— 
(A) private capital at risk; and 
(B) primary financial and management responsibility for 
the activity reside with the private sector. 
(4) COST EFFECTIVE.—The term ‘‘cost effective’’ means costing 
no more than the available alternatives, determined by a 
comparison of all related direct and indirect costs including, 
in the case of Government costs, applicable Government labor 
and overhead costs as well as contractor charges, and taking 
into account the ability of each alternative to accommodate 
mission requirements as well as the related factors of risk, 
reliability, schedule, and technical performance. 
(5) LAUNCH.—The term ‘‘launch’’ means to place, or attempt 
to place, a launch vehicle and its payload, if any, in a suborbital 
trajectory, in Earth orbit in outer space, or otherwise in outer 
space. 
(6) LAUNCH SERVICES.—The term ‘‘launch services’’ means 
activities involved in the preparation of a launch vehicle and 
its payload for launch and the conduct of a launch. 
(7) LAUNCH SUPPORT FACILITIES.—The term ‘‘launch support 
facilities’’ means facilities located at launch sites or launch 
ranges that are required to support launch activities, including 
launch vehicle assembly, launch vehicle operations and control, 
communications, flight safety functions, and payload operations, 
control, and processing. 
(8) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any 
vehicle constructed for the purpose of operating in or placing 
a payload in outer space or in suborbital trajectories, and 
includes components of that vehicle. 
(9) PAYLOAD.—The term ‘‘payload’’ means an object which 
a person undertakes to launch, and includes subcomponents 
of the launch vehicle specifically designed or adapted for that 
object. 
(10) PAYLOAD
INTEGRATION
SERVICES.—The term ‘‘payload 
integration services’’ means activities involved in integrating 
multiple payloads into a single payload for launch or integrating 
a payload with a launch vehicle. 
(11) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘‘space 
recovery support facilities’’ means facilities required to support 
activities related to the recovery of payloads returned from 
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124 STAT. 3405 
PUBLIC LAW 111–314—DEC. 18, 2010 
space to a space recovery site, including operations and control, 
communications, flight safety functions, and payload processing. 
(12) SPACE
TRANSPORTATION
INFRASTRUCTURE.—The term 
‘‘space transportation infrastructure’’ means facilities, associ-
ated equipment, and real property (including launch sites, 
launch support facilities, space recovery sites, and space 
recovery support facilities) required to perform launch or space 
recovery activities. 
(13) STATE.—The term ‘‘State’’ means the several States, 
the District of Columbia, Puerto Rico, American Samoa, the 
United States Virgin Islands, Guam, the Northern Mariana 
Islands, and any other commonwealth, territory, or possession 
of the United States. 
(14) UNITED STATES.—The term ‘‘United States’’ means the 
States, collectively. 
§ 50502. Launch voucher demonstration program 
(a) REQUIREMENT TO ESTABLISH PROGRAM.—The Administrator 
shall establish a demonstration program to award vouchers for 
the payment of commercial launch services and payload integration 
services for the purpose of launching payloads funded by the 
Administration. 
(b) AWARD
OF
VOUCHERS.—The Administrator shall award 
vouchers under subsection (a) to appropriate individuals as a part 
of grants administered by the Administration for the launch of— 
(1) payloads to be placed in suborbital trajectories; and 
(2) small payloads to be placed in orbit. 
(c) ASSISTANCE.—The Administrator may provide voucher award 
recipients with such assistance (including contract formulation and 
technical support during the proposal evaluation) as may be nec-
essary to ensure the purchase of cost effective and reasonably 
reliable commercial launch services and payload integration serv-
ices. 
§ 50503. Anchor tenancy and termination liability 
(a) ANCHOR TENANCY CONTRACTS.—Subject to appropriations, the 
Administrator or the Administrator of the National Oceanic and 
Atmospheric Administration may enter into multiyear anchor ten-
ancy contracts for the purchase of a good or service if the appro-
priate 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 
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124 STAT. 3406 
PUBLIC LAW 111–314—DEC. 18, 2010 
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 termi-
nation 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 pay-
ments 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 pur-
chase 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 termi-
nation 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 appro-
priate Administrator shall reserve the right to completely or 
partially terminate the contract without payment of such termi-
nation liability because of the contractor’s actual or anticipated 
failure to perform its contractual obligations. 
§ 50504. Use of Government facilities 
(a) AUTHORITY.— 
(1) IN GENERAL.—Federal agencies, including the Administra-
tion and the Department of Defense, may allow non-Federal 
entities to use their space-related facilities on a reimbursable 
basis if the Administrator, the Secretary of Defense, or the 
appropriate agency head determines that— 
(A) the facilities will be used to support commercial space 
activities; 
(B) such use can be supported by existing or planned 
Federal resources; 
(C) such use is compatible with Federal activities; 
(D) equivalent commercial services are not available on 
reasonable terms; and 
(E) such use is consistent with public safety, national 
security, and international treaty obligations. 
(2) CONSULTATION.—In carrying out paragraph (1)(E), each 
agency head shall consult with appropriate Federal officials. 
(b) REIMBURSEMENT PAYMENT.— 
(1) AMOUNT.—The reimbursement referred to in subsection 
(a) may be an amount equal to the direct costs (including 
salaries of United States civilian and contractor personnel) 
incurred by the United States as a result of the use of such 
facilities by the private sector. For the purposes of this para-
graph, the term ‘‘direct costs’’ means the actual costs that 
can be unambiguously associated with such use, and would 
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124 STAT. 3407 
PUBLIC LAW 111–314—DEC. 18, 2010 
not be borne by the United States Government in the absence 
of such use. 
(2) CREDIT TO APPROPRIATION.—The amount of any payment 
received by the United States for use of facilities under this 
subsection shall be credited to the appropriation from which 
the cost of providing such facilities was paid. 
§ 50505. Test facilities 
(a) CHARGES.—The Administrator shall establish a policy of 
charging users of the Administration’s test facilities for the costs 
associated with their tests at a level that is competitive with alter-
native test facilities. The Administrator shall not implement a 
policy of seeking full cost recovery for a facility until at least 
30 days after transmitting a notice to the Committee on Science 
and Technology of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate. 
(b) FUNDING ACCOUNT.—In planning and budgeting, the Adminis-
trator shall establish a funding account that shall be used for 
all test facilities. The account shall be sufficient to maintain the 
viability of test facilities during periods of low utilization. 
§ 50506. Commercial Space Achievement Award 
(a) ESTABLISHMENT.—There is established a Commercial Space 
Achievement Award. The award shall consist of a medal, which 
shall be of such design and materials and bear such inscriptions 
as determined by the Secretary of Commerce. A cash prize may 
also be awarded if funding for the prize is available under subsection 
(d). 
(b) CRITERIA
FOR AWARD.—The Secretary of Commerce shall 
periodically make awards under this section to individuals, corpora-
tions, corporate divisions, or corporate subsidiaries substantially 
engaged in commercial space activities that in the opinion of the 
Secretary of Commerce best meet the following criteria: 
(1) NON-GOVERNMENTAL REVENUE.—For corporate entities, at 
least half of the revenues from the space-related activities 
of the corporation, division, or subsidiary is derived from 
sources other than the United States Government. 
(2) SUBSTANTIAL CONTRIBUTION.—The activities and achieve-
ments of the individual, corporation, division, or subsidiary 
have substantially contributed to the United States gross 
national product and the stature of United States industry 
in international markets, with due consideration for both the 
economic magnitude and the technical quality of the activities 
and achievements. 
(3) SUBSTANTIAL ADVANCEMENT OF TECHNOLOGY.—The indi-
vidual, corporation, division, or subsidiary has substantially 
advanced space technology and space applications directly 
related to commercial space activities. 
(c) LIMITATIONS.—No individual or corporate entity may receive 
an award under this section more than once every 5 years. 
(d) FUNDING FOR AWARD.—The Secretary of Commerce may seek 
and accept gifts of money from public and private sources for 
the purpose of making cash prize awards under this section. Such 
money may be used only for that purpose, and only such money 
may be used for that purpose. The Secretary of Commerce shall 
make publicly available an itemized list of the sources of such 
funding. 
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124 STAT. 3408 
PUBLIC LAW 111–314—DEC. 18, 2010 
CHAPTER 507—OFFICE OF SPACE COMMERCIALIZATION 
Sec. 
50701.
Definition of Office. 
50702.
Establishment. 
50703.
Annual report. 
§ 50701. Definition of Office 
In this chapter, the term ‘‘Office’’ means the Office of Space 
Commercialization established in section 50702 of this title. 
§ 50702. Establishment 
(a) IN GENERAL.—There is established within the Department 
of Commerce an Office of Space Commercialization. 
(b) DIRECTOR.—The Office shall be headed by a Director, who 
shall be a senior executive and shall be compensated at a level 
in the Senior Executive Service under section 5382 of title 5 as 
determined by the Secretary of Commerce. 
(c) FUNCTIONS OF OFFICE.—The Office shall be the principal unit 
for the coordination of space-related issues, programs, and initia-
tives within the Department of Commerce. 
(d) DUTIES OF DIRECTOR.—The primary responsibilities of the 
Director in carrying out the functions of the Office shall include— 
(1) promoting commercial provider investment in space activi-
ties by collecting, analyzing, and disseminating information 
on space markets, and conducting workshops and seminars 
to increase awareness of commercial space opportunities; 
(2) assisting United States commercial providers in the efforts 
of those providers to conduct business with the United States 
Government; 
(3) acting as an industry advocate within the executive branch 
of the Federal Government to ensure that the Federal Govern-
ment meets the space-related requirements of the Federal 
Government, to the fullest extent feasible, using commercially 
available space goods and services; 
(4) ensuring that the United States Government does not 
compete with United States commercial providers in the provi-
sion of space hardware and services otherwise available from 
United States commercial providers; 
(5) promoting the export of space-related goods and services; 
(6) representing the Department of Commerce in the develop-
ment of United States policies and in negotiations with foreign 
countries to ensure free and fair trade internationally in the 
area of space commerce; and 
(7) seeking the removal of legal, policy, and institutional 
impediments to space commerce. 
§ 50703. Annual report 
The Secretary of Commerce shall submit an annual report on 
the activities of the Office, including planned programs and expendi-
tures, to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Science and Technology of 
the House of Representatives. 
Subtitle VI—Earth Observations 
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124 STAT. 3409 
PUBLIC LAW 111–314—DEC. 18, 2010 
CHAPTER 601—LAND REMOTE SENSING POLICY 
SUBCHAPTER I—GENERAL 
Sec. 
60101.
Definitions. 
SUBCHAPTER II—LANDSAT 
60111.
Landsat Program Management. 
60112.
Transfer of Landsat 6 program responsibilities. 
60113.
Data policy for Landsat 7. 
SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING SPACE 
SYSTEMS 
60121.
General licensing authority. 
60122.
Conditions for operation. 
60123.
Administrative authority of Secretary. 
60124.
Regulatory authority of Secretary. 
60125.
Agency activities. 
SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
60131.
Continued Federal research and development. 
60132.
Availability of federally gathered unenhanced data. 
60133.
Technology demonstration program. 
60134.
Preference for private sector land remote sensing system. 
SUBCHAPTER V—GENERAL PROVISIONS 
60141.
Nondiscriminatory data availability. 
60142.
Archiving of data. 
60143.
Nonreproduction. 
60144.
Reimbursement for assistance. 
60145.
Acquisition of equipment. 
60146.
Radio frequency allocation. 
60147.
Consultation. 
60148.
Enforcement. 
SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF WEATHER 
SATELLITES 
60161.
Prohibition. 
60162.
Future considerations. 
SUBCHAPTER I—GENERAL 
§ 60101. Definitions 
In this chapter: 
(1) COST
OF
FULFILLING
USER
REQUESTS.—The term ‘‘cost 
of fulfilling user requests’’ means the incremental costs associ-
ated with providing product generation, reproduction, and dis-
tribution of unenhanced data in response to user requests and 
shall not include any acquisition, amortization, or depreciation 
of capital assets originally paid for by the United States Govern-
ment or other costs not specifically attributable to fulfilling 
user requests. 
(2) DATA
CONTINUITY.—The term ‘‘data continuity’’ means 
the continued acquisition and availability of unenhanced data 
which are, from the point of view of the user— 
(A) sufficiently consistent (in terms of acquisition geom-
etry, coverage characteristics, and spectral characteristics) 
with previous Landsat data to allow comparisons for global 
and regional change detection and characterization; and 
(B) compatible with such data and with methods used 
to receive and process such data. 
(3) DATA PREPROCESSING.—The term ‘‘data preprocessing’’— 
(A) may include— 
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124 STAT. 3410 
PUBLIC LAW 111–314—DEC. 18, 2010 
(i) rectification of system and sensor distortions in 
land remote sensing data as it is received directly 
from the satellite in preparation for delivery to a user; 
(ii) registration of such data with respect to features 
of the Earth; and 
(iii) calibration of spectral response with respect to 
such data; but 
(B) does not include conclusions, manipulations, or cal-
culations derived from such data, or a combination of such 
data with other data. 
(4) LAND REMOTE SENSING.—The term ‘‘land remote sensing’’ 
means the collection of data which can be processed into 
imagery of surface features of the Earth from an unclassified 
satellite or satellites, other than an operational United States 
Government weather satellite. 
(5) LANDSAT
PROGRAM
MANAGEMENT.—The term ‘‘Landsat 
Program Management’’ means the integrated program manage-
ment structure— 
(A) established by, and responsible to, the Administrator 
and the Secretary of Defense pursuant to section 60111(a) 
of this title; and 
(B) consisting of appropriate officers and employees of 
the Administration, the Department of Defense, and any 
other United States Government agencies the President 
designates as responsible for the Landsat program. 
(6) LANDSAT
SYSTEM.—The term ‘‘Landsat system’’ means 
Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote 
sensing system operated and owned by the United States 
Government, along with any related ground equipment, sys-
tems, and facilities owned by the United States Government. 
(7) LANDSAT 6 CONTRACTOR.—The term ‘‘Landsat 6 contractor’’ 
means the private sector entity which was awarded the contract 
for spacecraft construction, operations, and data marketing 
rights for the Landsat 6 spacecraft. 
(8) LANDSAT 7.—The term ‘‘Landsat 7’’ means the follow- 
on satellite to Landsat 6. 
(9) NATIONAL
SATELLITE
LAND
REMOTE
SENSING
DATA 
ARCHIVE.—The term ‘‘National Satellite Land Remote Sensing 
Data Archive’’ means the archive established by the Secretary 
of the Interior pursuant to the archival responsibilities defined 
in section 60142 of this title. 
(10) NONCOMMERCIAL PURPOSES.—The term ‘‘noncommercial 
purposes’’ means activities undertaken by individuals or entities 
on the condition, upon receipt of unenhanced data, that— 
(A) such data shall not be used in connection with any 
bid for a commercial contract, development of a commercial 
product, or any other non-United States Government 
activity that is expected, or has the potential, to be profit-
making; 
(B) the results of such activities are disclosed in a timely 
and complete fashion in the open technical literature or 
other method of public release, except when such disclosure 
by the United States Government or its contractors would 
adversely affect the national security or foreign policy of 
the United States or violate a provision of law or regulation; 
and 
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124 STAT. 3411 
PUBLIC LAW 111–314—DEC. 18, 2010 
(C) such data shall not be distributed in competition 
with unenhanced data provided by the Landsat 6 con-
tractor. 
(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Commerce. 
(12) UNENHANCED
DATA.—The term ‘‘unenhanced data’’ 
means land remote sensing signals or imagery products that 
are unprocessed or subject only to data preprocessing. 
(13) UNITED
STATES
GOVERNMENT
AND
ITS
AFFILIATED 
USERS.—The term ‘‘United States Government and its affiliated 
users’’ means— 
(A) United States Government agencies; 
(B) researchers involved with the United States Global 
Change Research Program and its international counter-
part programs; and 
(C) other researchers and international entities that have 
signed with the United States Government a cooperative 
agreement involving the use of Landsat data for non-
commercial purposes. 
SUBCHAPTER II—LANDSAT 
§ 60111. Landsat Program Management 
(a) ESTABLISHMENT.—The Administrator and the Secretary of 
Defense shall be responsible for management of the Landsat pro-
gram. Such responsibility shall be carried out by establishing an 
integrated program management structure for the Landsat system. 
(b) MANAGEMENT PLAN.—The Administrator, the Secretary of 
Defense, and any other United States Government official the Presi-
dent designates as responsible for part of the Landsat program 
shall establish, through a management plan, the roles, responsibil-
ities, and funding expectations for the Landsat program of the 
appropriate United States Government agencies. The management 
plan shall— 
(1) specify that the fundamental goal of the Landsat Program 
Management is the continuity of unenhanced Landsat data 
through the acquisition and operation of a Landsat 7 satellite 
as quickly as practicable which is, at a minimum, functionally 
equivalent to the Landsat 6 satellite, with the addition of 
a tracking and data relay satellite communications capability; 
(2) include a baseline funding profile that— 
(A) is mutually acceptable to the Administration and 
the Department of Defense for the period covering the 
development and operation of Landsat 7; and 
(B) provides for total funding responsibility of the 
Administration and the Department of Defense, respec-
tively, to be approximately equal to the funding responsi-
bility of the other as spread across the development and 
operational life of Landsat 7; 
(3) specify that any improvements over the Landsat 6 func-
tional equivalent capability for Landsat 7 will be funded by 
a specific sponsoring agency or agencies, in a manner agreed 
to by the Landsat Program Management, if the required 
funding exceeds the baseline funding profile required by para-
graph (2), and that additional improvements will be sought 
only if the improvements will not jeopardize data continuity; 
and 
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124 STAT. 3412 
PUBLIC LAW 111–314—DEC. 18, 2010 
(4) provide for a technology demonstration program whose 
objective shall be the demonstration of advanced land remote 
sensing technologies that may potentially yield a system which 
is less expensive to build and operate, and more responsive 
to data users, than is the current Landsat system. 
(c) RESPONSIBILITIES.—The Landsat Program Management shall 
be responsible for— 
(1) Landsat 7 procurement, launch, and operations; 
(2) ensuring that the operation of the Landsat system is 
responsive to the broad interests of the civilian, national secu-
rity, commercial, and foreign users of the Landsat system; 
(3) ensuring that all unenhanced Landsat data remain 
unclassified and that, except as provided in subsections (a) 
and (b) of section 60146 of this title, no restrictions are placed 
on the availability of unenhanced data; 
(4) ensuring that land remote sensing data of high priority 
locations will be acquired by the Landsat 7 system as required 
to meet the needs of the United States Global Change Research 
Program, as established in the Global Change Research Act 
of 1990 (15 U.S.C. 2921 et seq.), and to meet the needs of 
national security users; 
(5) Landsat data responsibilities pursuant to this chapter; 
(6) oversight of Landsat contracts entered into under sections 
102 and 103 of the Land Remote Sensing Policy Act of 1992 
(Public Law 102–555, 106 Stat. 4168); 
(7) coordination of a technology demonstration program 
pursuant to section 60133 of this title; and 
(8) ensuring that copies of data acquired by the Landsat 
system are provided to the National Satellite Land Remote 
Sensing Data Archive. 
(d) AUTHORITY TO CONTRACT.—The Landsat Program Manage-
ment may, subject to appropriations and only under the existing 
contract authority of the United States Government agencies that 
compose the Landsat Program Management, enter into contracts 
with the private sector for services such as satellite operations 
and data preprocessing. 
(e) LANDSAT ADVISORY PROCESS.— 
(1) ADVICE AND COMMENTS.—The Landsat Program Manage-
ment shall seek impartial advice and comments regarding the 
status, effectiveness, and operation of the Landsat system, 
using existing advisory committees and other appropriate 
mechanisms. Such advice shall be sought from individuals who 
represent— 
(A) a broad range of perspectives on basic and applied 
science and operational needs with respect to land remote 
sensing data; 
(B) the full spectrum of users of Landsat data, including 
representatives from United States Government agencies, 
State and local government agencies, academic institutions, 
nonprofit organizations, value-added companies, the agri-
cultural, mineral extraction, and other user industries, and 
the public; and 
(C) a broad diversity of age groups, sexes, and races. 
(2) REPORTS.—The Landsat Program Management shall pre-
pare and submit biennially a report to Congress which— 
(A) reports the public comments received pursuant to 
paragraph (1); and 
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124 STAT. 3413 
PUBLIC LAW 111–314—DEC. 18, 2010 
(B) includes— 
(i) a response to the public comments received pursu-
ant to paragraph (1); 
(ii) information on the volume of use, by category, 
of data from the Landsat system; and 
(iii) any recommendations for policy or programmatic 
changes to improve the utility and operation of the 
Landsat system. 
§ 60112. Transfer of Landsat 6 program responsibilities 
The responsibilities of the Secretary with respect to Landsat 
6 shall be transferred to the Landsat Program Management, as 
agreed to between the Secretary and the Landsat Program Manage-
ment, pursuant to section 60111 of this title. 
§ 60113. Data policy for Landsat 7 
(a) LANDSAT 7 DATA POLICY.—The Landsat Program Manage-
ment, in consultation with other appropriate United States Govern-
ment agencies, shall develop a data policy for Landsat 7 which 
should— 
(1) ensure that unenhanced data are available to all users 
at the cost of fulfilling user requests; 
(2) ensure timely and dependable delivery of unenhanced 
data to the full spectrum of civilian, national security, commer-
cial, and foreign users and the National Satellite Land Remote 
Sensing Data Archive; 
(3) ensure that the United States retains ownership of all 
unenhanced data generated by Landsat 7; 
(4) support the development of the commercial market for 
remote sensing data; 
(5) ensure that the provision of commercial value-added serv-
ices based on remote sensing data remains exclusively the 
function of the private sector; and 
(6) to the extent possible, ensure that the data distribution 
system for Landsat 7 is compatible with the Earth Observing 
System Data and Information System. 
(b) ADDITIONAL DATA POLICY CONSIDERATIONS.—In addition, the 
data policy for Landsat 7 may provide for— 
(1) United States private sector entities to operate ground 
receiving stations in the United States for Landsat 7 data; 
(2) other means for direct access by private sector entities 
to unenhanced data from Landsat 7; and 
(3) the United States Government to charge a per image 
fee, license fee, or other such fee to entities operating ground 
receiving stations or distributing Landsat 7 data. 
SUBCHAPTER III—LICENSING OF PRIVATE REMOTE 
SENSING SPACE SYSTEMS 
§ 60121. General licensing authority 
(a) LICENSING AUTHORITY OF SECRETARY.— 
(1) IN
GENERAL.—In consultation with other appropriate 
United States Government agencies, the Secretary is authorized 
to license private sector parties to operate private remote 
sensing space systems for such period as the Secretary may 
specify and in accordance with the provisions of this subchapter. 
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124 STAT. 3414 
PUBLIC LAW 111–314—DEC. 18, 2010 
(2) LIMITATION WITH RESPECT TO SYSTEM USED FOR OTHER 
PURPOSES.—In the case of a private space system that is used 
for remote sensing and other purposes, the authority of the 
Secretary under this subchapter shall be limited only to the 
remote sensing operations of such space system. 
(b) COMPLIANCE
WITH
LAW, REGULATIONS, INTERNATIONAL 
OBLIGATIONS, AND NATIONAL SECURITY.— 
(1) IN GENERAL.—No license shall be granted by the Secretary 
unless the Secretary determines in writing that the applicant 
will comply with the requirements of this chapter, any regula-
tions issued pursuant to this chapter, and any applicable inter-
national obligations and national security concerns of the 
United States. 
(2) LIST
OF
REQUIREMENTS
FOR
COMPLETE
APPLICATION.— 
The Secretary shall publish in the Federal Register a complete 
and specific list of all information required to comprise a com-
plete application for a license under this subchapter. An 
application shall be considered complete when the applicant 
has provided all information required by the list most recently 
published in the Federal Register before the date the applica-
tion was first submitted. Unless the Secretary has, within 
30 days after receipt of an application, notified the applicant 
of information necessary to complete an application, the Sec-
retary may not deny the application on the basis of the absence 
of any such information. 
(c) DEADLINE FOR ACTION ON APPLICATION.—The Secretary shall 
review any application and make a determination thereon within 
120 days of the receipt of such application. If final action has 
not occurred within such time, the Secretary shall inform the 
applicant of any pending issues and of actions required to resolve 
them. 
(d) IMPROPER BASIS FOR DENIAL.—The Secretary shall not deny 
such license in order to protect any existing licensee from competi-
tion. 
(e) REQUIREMENT TO PROVIDE UNENHANCED DATA.— 
(1) DESIGNATION OF DATA.—The Secretary, in consultation 
with other appropriate United States Government agencies and 
pursuant to paragraph (2), shall designate in a license issued 
pursuant to this subchapter any unenhanced data required 
to be provided by the licensee under section 60122(b)(3) of 
this title. 
(2) PRELIMINARY DETERMINATION.—The Secretary shall make 
a designation under paragraph (1) after determining that— 
(A) such data are generated by a system for which all 
or a substantial part of the development, fabrication, 
launch, or operations costs have been or will be directly 
funded by the United States Government; or 
(B) it is in the interest of the United States to require 
such data to be provided by the licensee consistent with 
section 60122(b)(3) of this title, after considering the impact 
on the licensee and the importance of promoting widespread 
access to remote sensing data from United States and 
foreign systems. 
(3) CONSISTENCY WITH CONTRACT OR OTHER ARRANGEMENT.— 
A designation made by the Secretary under paragraph (1) shall 
not be inconsistent with any contract or other arrangement 
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124 STAT. 3415 
PUBLIC LAW 111–314—DEC. 18, 2010 
entered into between a United States Government agency and 
the licensee. 
§ 60122. Conditions for operation 
(a) LICENSE REQUIRED FOR OPERATION.—No person that is subject 
to the jurisdiction or control of the United States may, directly 
or through any subsidiary or affiliate, operate any private remote 
sensing space system without a license pursuant to section 60121 
of this title. 
(b) LICENSING REQUIREMENTS.—Any license issued pursuant to 
this subchapter shall specify that the licensee shall comply with 
all of the requirements of this chapter and shall— 
(1) operate the system in such manner as to preserve the 
national security of the United States and to observe the inter-
national obligations of the United States in accordance with 
section 60146 of this title; 
(2) make available to the government of any country 
(including the United States) unenhanced data collected by 
the system concerning the territory under the jurisdiction of 
such government as soon as such data are available and on 
reasonable terms and conditions; 
(3) make unenhanced data designated by the Secretary in 
the license pursuant to section 60121(e) of this title available 
in accordance with section 60141 of this title; 
(4) upon termination of operations under the license, make 
disposition of any satellites in space in a manner satisfactory 
to the President; 
(5) furnish the Secretary with complete orbit and data collec-
tion characteristics of the system, and inform the Secretary 
immediately of any deviation; and 
(6) notify the Secretary of any significant or substantial agree-
ment the licensee intends to enter with a foreign nation, entity, 
or consortium involving foreign nations or entities. 
(c) ADDITIONAL LICENSING REQUIREMENTS FOR LANDSAT 6 CON-
TRACTOR.—In addition to the requirements of subsection (b), any 
license issued pursuant to this subchapter to the Landsat 6 con-
tractor shall specify that the Landsat 6 contractor shall— 
(1) notify the Secretary of any value added activities (as 
defined by the Secretary by regulation) that will be conducted 
by the Landsat 6 contractor or by a subsidiary or affiliate; 
and 
(2) if such activities are to be conducted, provide the Secretary 
with a plan for compliance with section 60141 of this title. 
§ 60123. Administrative authority of Secretary 
(a) FUNCTIONS.—In order to carry out the responsibilities specified 
in this subchapter, the Secretary may— 
(1) grant, condition, or transfer licenses under this chapter; 
(2) seek an order of injunction or similar judicial determina-
tion from a district court of the United States with personal 
jurisdiction over the licensee to terminate, modify, or suspend 
licenses under this subchapter and to terminate licensed oper-
ations on an immediate basis, if the Secretary determines that 
the licensee has substantially failed to comply with any provi-
sions of this chapter, with any terms, conditions, or restrictions 
of such license, or with any international obligations or national 
security concerns of the United States; 
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124 STAT. 3416 
PUBLIC LAW 111–314—DEC. 18, 2010 
(3) provide penalties for noncompliance with the requirements 
of licenses or regulations issued under this subchapter, 
including civil penalties not to exceed $10,000 (each day of 
operation in violation of such licenses or regulations consti-
tuting a separate violation); 
(4) compromise, modify, or remit any such civil penalty; 
(5) issue subpoenas for any materials, documents, or records, 
or for the attendance and testimony of witnesses for the purpose 
of conducting a hearing under this section; 
(6) seize any object, record, or report pursuant to a warrant 
from a magistrate based on a showing of probable cause to 
believe that such object, record, or report was used, is being 
used, or is likely to be used in violation of this chapter or 
the requirements of a license or regulation issued thereunder; 
and 
(7) make investigations and inquiries and administer to or 
take from any person an oath, affirmation, or affidavit con-
cerning any matter relating to the enforcement of this chapter. 
(b) REVIEW OF AGENCY ACTION.—Any applicant or licensee that 
makes a timely request for review of an adverse action pursuant 
to paragraph (1), (3), (5), or (6) of subsection (a) shall be entitled 
to adjudication by the Secretary on the record after an opportunity 
for any agency hearing with respect to such adverse action. Any 
final action by the Secretary under this subsection shall be subject 
to judicial review under chapter 7 of title 5. 
§ 60124. Regulatory authority of Secretary 
The Secretary may issue regulations to carry out this subchapter. 
Such regulations shall be promulgated only after public notice and 
comment in accordance with the provisions of section 553 of title 
5. 
§ 60125. Agency activities 
(a) LICENSE APPLICATION AND ISSUANCE.—A private sector party 
may apply for a license to operate a private remote sensing space 
system which utilizes, on a space-available basis, a civilian United 
States Government satellite or vehicle as a platform for such 
system. The Secretary, pursuant to this subchapter, may license 
such system if it meets all conditions of this subchapter and— 
(1) the system operator agrees to reimburse the Government 
in a timely manner for all related costs incurred with respect 
to such utilization, including a reasonable and proportionate 
share of fixed, platform, data transmission, and launch costs; 
and 
(2) such utilization would not interfere with or otherwise 
compromise intended civilian Government missions, as deter-
mined by the agency responsible for such civilian platform. 
(b) ASSISTANCE.—The Secretary may offer assistance to private 
sector parties in finding appropriate opportunities for such utiliza-
tion. 
(c) AGREEMENTS.—To the extent provided in advance by appro-
priation Acts, any United States Government agency may enter 
into agreements for such utilization if such agreements are con-
sistent with such agency’s mission and statutory authority, and 
if such remote sensing space system is licensed by the Secretary 
before commencing operation. 
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124 STAT. 3417 
PUBLIC LAW 111–314—DEC. 18, 2010 
(d) APPLICABILITY.—This section does not apply to activities car-
ried out under subchapter IV. 
(e) EFFECT ON FCC AUTHORITY.—Nothing in this subchapter shall 
affect the authority of the Federal Communications Commission 
pursuant to the Communications Act of 1934 (47 U.S.C. 151 et 
seq.). 
SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND 
DEMONSTRATION 
§ 60131. Continued Federal research and development 
(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
ENCOUR-
AGED.—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 coopera-
tion 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 Govern-
ment agencies, private sector parties, and foreign and inter-
national 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. 
§ 60132. Availability of federally gathered unenhanced data 
(a) IN GENERAL.—All unenhanced land remote sensing data gath-
ered and owned by the United States Government, including 
unenhanced data gathered under the technology demonstration pro-
gram 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 Presi-
dent shall seek to ensure that unenhanced data gathered under 
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124 STAT. 3418 
PUBLIC LAW 111–314—DEC. 18, 2010 
the technology demonstration program carried out pursuant to sec-
tion 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. 
§ 60133. Technology demonstration program 
(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 dem-
onstration 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 con-
trol. 
(b) EXECUTION OF PROGRAM.—In executing the technology dem-
onstration program, the President shall seek to apply technologies 
associated with United States National Technical Means of intel-
ligence gathering, to the extent that such technologies are appro-
priate 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 sec-
tion. 
§ 60134. Preference for private sector land remote sensing 
system 
(a) IN GENERAL.—If a successor land remote sensing system to 
Landsat 7 can be funded and managed by the private sector while 
still achieving the goals stated in subsection (b) without jeopardizing 
the domestic, national security, and foreign policy interests of the 
United States, preference should be given to the development of 
such a system by the private sector without competition from the 
United States Government. 
(b) GOALS.—The goals referred to in subsection (a) are— 
(1) to encourage the development, launch, and operation of 
a land remote sensing system that adequately serves the 
civilian, national security, commercial, and foreign policy 
interests of the United States; 
(2) to encourage the development, launch, and operation of 
a land remote sensing system that maintains data continuity 
with the Landsat system; and 
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124 STAT. 3419 
PUBLIC LAW 111–314—DEC. 18, 2010 
(3) to incorporate system enhancements, including any such 
enhancements developed under the technology demonstration 
program under section 60133 of this title, which may potentially 
yield a system that is less expensive to build and operate, 
and more responsive to data users, than is the Landsat system 
otherwise projected to be in operation in the future. 
SUBCHAPTER V—GENERAL PROVISIONS 
§ 60141. Nondiscriminatory data availability 
(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. 
§ 60142. Archiving of data 
(a) PUBLIC INTEREST.—It is in the public interest for the United 
States Government to— 
(1) maintain an archive of land remote sensing data for 
historical, scientific, and technical purposes, including long- 
term global environmental monitoring; 
(2) control the content and scope of the archive; and 
(3) ensure the quality, integrity, and continuity of the archive. 
(b) ARCHIVING PRACTICES.—The Secretary of the Interior, in con-
sultation with the Landsat Program Management, shall provide 
for long-term storage, maintenance, and upgrading of a basic, global, 
land remote sensing data set (hereafter in this section referred 
to as the ‘‘basic data set’’) and shall follow reasonable archival 
practices to ensure proper storage and preservation of the basic 
data set and timely access for parties requesting data. 
(c) DETERMINATION OF CONTENT OF BASIC DATA SET.—In deter-
mining the initial content of, or in upgrading, the basic data set, 
the Secretary of the Interior shall— 
(1) use as a baseline the data archived on October 28, 1992; 
(2) take into account future technical and scientific develop-
ments and needs, paying particular attention to the anticipated 
data requirements of global environmental change research; 
(3) consult with and seek the advice of users and producers 
of remote sensing data and data products; 
(4) consider the need for data which may be duplicative 
in terms of geographical coverage but which differ in terms 
of season, spectral bands, resolution, or other relevant factors; 
(5) include, as the Secretary of the Interior considers appro-
priate, unenhanced data generated either by the Landsat 
system, pursuant to subchapter II, or by licensees under sub-
chapter III; 
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124 STAT. 3420 
PUBLIC LAW 111–314—DEC. 18, 2010 
(6) include, as the Secretary of the Interior considers appro-
priate, data collected by foreign ground stations or by foreign 
remote sensing space systems; and 
(7) ensure that the content of the archive is developed in 
accordance with section 60146 of this title. 
(d) PUBLIC DOMAIN.—After the expiration of any exclusive right 
to sell, or after relinquishment of such right, the data provided 
to the National Satellite Land Remote Sensing Data Archive shall 
be in the public domain and shall be made available to requesting 
parties by the Secretary of the Interior at the cost of fulfilling 
user requests. 
§ 60143. Nonreproduction 
Unenhanced data distributed by any licensee under subchapter 
III may be sold on the condition that such data will not be 
reproduced or disseminated by the purchaser for commercial pur-
poses. 
§ 60144. Reimbursement for assistance 
The Administrator, the Secretary of Defense, and the heads of 
other United States Government agencies may provide assistance 
to land remote sensing system operators under the provisions of 
this chapter. Substantial assistance shall be reimbursed by the 
operator, except as otherwise provided by law. 
§ 60145. Acquisition of equipment 
The Landsat Program Management may, by means of a competi-
tive process, allow a licensee under subchapter III or any other 
private party to buy, lease, or otherwise acquire the use of equip-
ment 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. 
§ 60146. Radio frequency allocation 
(a) APPLICATION TO FEDERAL COMMUNICATIONS COMMISSION.— 
To the extent required by the Communications Act of 1934 (47 
U.S.C. 151 et seq.), an application shall be filed with the Federal 
Communications Commission for any radio facilities involved with 
commercial remote sensing space systems licensed under subchapter 
III. 
(b) DEADLINE FOR FCC ACTION.—It is the intent of Congress 
that the Federal Communications Commission complete the radio 
licensing process under the Communications Act of 1934 (47 U.S.C. 
151 et seq.), upon the application of any private sector party or 
consortium operator of any commercial land remote sensing space 
system subject to this chapter, within 120 days of the receipt 
of an application for such licensing. If final action has not occurred 
within 120 days of the receipt of such an application, the Federal 
Communications Commission shall inform the applicant of any 
pending issues and of actions required to resolve them. 
(c) DEVELOPMENT AND CONSTRUCTION OF UNITED STATES SYS-
TEMS.—Authority shall not be required from the Federal Commu-
nications Commission for the development and construction of any 
United States land remote sensing space system (or component 
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124 STAT. 3421 
PUBLIC LAW 111–314—DEC. 18, 2010 
thereof), other than radio transmitting facilities or components, 
while any licensing determination is being made. 
(d) CONSISTENCY WITH INTERNATIONAL OBLIGATIONS AND PUBLIC 
INTEREST.—Frequency allocations made pursuant to this section 
by the Federal Communications Commission shall be consistent 
with international obligations and with the public interest. 
§ 60147. Consultation 
(a) CONSULTATION WITH SECRETARY OF DEFENSE.—The Secretary 
and the Landsat Program Management shall consult with the Sec-
retary 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, nec-
essary to meet national security concerns of the United States 
and for notifying the Secretary and the Landsat Program Manage-
ment 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 Pro-
gram Management of such conditions. 
(2) INTERNATIONAL AID.—Appropriate United States Govern-
ment 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 addi-
tional costs will be incurred by the licensee, or that past develop-
ment 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. 
§ 60148. Enforcement 
(a) IN GENERAL.—In order to ensure that unenhanced data from 
the Landsat system received solely for noncommercial purposes 
are not used for any commercial purpose, the Secretary (in 
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124 STAT. 3422 
PUBLIC LAW 111–314—DEC. 18, 2010 
collaboration with private sector entities responsible for the mar-
keting and distribution of unenhanced data generated by the 
Landsat system) shall develop and implement a system for enforcing 
this prohibition, in the event that unenhanced data from the 
Landsat system are made available for noncommercial purposes 
at a different price than such data are made available for other 
purposes. 
(b) AUTHORITY
OF SECRETARY.—Subject to subsection (d), the 
Secretary may impose any of the enforcement mechanisms described 
in subsection (c) against a person that— 
(1) receives unenhanced data from the Landsat system under 
this chapter solely for noncommercial purposes (and at a dif-
ferent price than the price at which such data are made avail-
able for other purposes); and 
(2) uses such data for other than noncommercial purposes. 
(c) 
ENFORCEMENT
MECHANISMS.—Enforcement 
mechanisms 
referred to in subsection (b) may include civil penalties of not 
more than $10,000 (per day per violation), denial of further 
unenhanced data purchasing privileges, and any other penalties 
or restrictions the Secretary considers necessary to ensure, to the 
greatest extent practicable, that unenhanced data provided for non-
commercial purposes are not used to unfairly compete in the 
commercial market against private sector entities not eligible for 
data at the cost of fulfilling user requests. 
(d) PROCEDURES AND REGULATIONS.—The Secretary shall issue 
any regulations necessary to carry out this section and shall estab-
lish standards and procedures governing the imposition of enforce-
ment mechanisms under subsection (b). The standards and proce-
dures shall include a procedure for potentially aggrieved parties 
to file formal protests with the Secretary alleging instances where 
such unenhanced data have been, or are being, used for commercial 
purposes in violation of the terms of receipt of such data. The 
Secretary shall promptly act to investigate any such protest, and 
shall report annually to Congress on instances of such violations. 
SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION 
OF WEATHER SATELLITES 
§ 60161. Prohibition 
Neither the President nor any other official of the Government 
shall make any effort to lease, sell, or transfer to the private 
sector, or commercialize, any portion of the weather satellite sys-
tems operated by the Department of Commerce or any successor 
agency. 
§ 60162. Future considerations 
Regardless of any change in circumstances subsequent to October 
28, 1992, even if such change makes it appear to be in the national 
interest to commercialize weather satellites, neither the President 
nor any official shall take any action prohibited by section 60161 
of this title unless this subchapter has first been repealed. 
CHAPTER 603—REMOTE SENSING 
Sec. 
60301.
Definitions. 
60302.
General responsibilities. 
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124 STAT. 3423 
PUBLIC LAW 111–314—DEC. 18, 2010 
60303.
Pilot projects to encourage public sector applications. 
60304.
Program evaluation. 
60305.
Data availability. 
60306.
Education. 
§ 60301. Definitions 
In this chapter: 
(1) GEOSPATIAL INFORMATION.—The term ‘‘geospatial informa-
tion’’ means knowledge of the nature and distribution of phys-
ical and cultural features on the landscape based on analysis 
of data from airborne or spaceborne platforms or other types 
and sources of data. 
(2) HIGH RESOLUTION.—The term ‘‘high resolution’’ means 
resolution better than five meters. 
(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given the term 
in section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)). 
§ 60302. General responsibilities 
The Administrator shall— 
(1) develop a sustained relationship with the United States 
commercial remote sensing industry and, consistent with 
applicable policies and law, to the maximum practicable, rely 
on their services; and 
(2) in conjunction with United States industry and univer-
sities, research, develop, and demonstrate prototype Earth 
science applications to enhance Federal, State, local, and tribal 
governments’ use of government and commercial remote sensing 
data, technologies, and other sources of geospatial information 
for improved decision support to address their needs. 
§ 60303. Pilot projects to encourage public sector applica-
tions 
(a) IN GENERAL.—The Administrator shall establish a program 
of grants for competitively awarded pilot projects to explore the 
integrated use of sources of remote sensing and other geospatial 
information to address State, local, regional, and tribal agency 
needs. 
(b) PREFERRED PROJECTS.—In awarding grants under this section, 
the Administrator shall give preference to projects that— 
(1) make use of commercial data sets, including high resolu-
tion commercial satellite imagery and derived satellite data 
products, existing public data sets where commercial data sets 
are not available or applicable, or the fusion of such data 
sets; 
(2) integrate multiple sources of geospatial information, such 
as geographic information system data, satellite-provided posi-
tioning data, and remotely sensed data, in innovative ways; 
(3) include funds or in-kind contributions from non-Federal 
sources; 
(4) involve the participation of commercial entities that 
process raw or lightly processed data, often merging that data 
with other geospatial information, to create data products that 
have significant value added to the original data; and 
(5) taken together demonstrate as diverse a set of public 
sector applications as possible. 
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124 STAT. 3424 
PUBLIC LAW 111–314—DEC. 18, 2010 
(c) OPPORTUNITIES.—In carrying out this section, the Adminis-
trator shall seek opportunities to assist— 
(1) in the development of commercial applications potentially 
available from the remote sensing industry; and 
(2) State, local, regional, and tribal agencies in applying 
remote sensing and other geospatial information technologies 
for growth management. 
(d) DURATION.—Assistance for a pilot project under subsection 
(a) shall be provided for a period not to exceed 3 years. 
(e) REPORT.—Each recipient of a grant under subsection (a) shall 
transmit a report to the Administrator on the results of the pilot 
project within 180 days of the completion of that project. 
(f) WORKSHOP.—Each recipient of a grant under subsection (a) 
shall, not later than 180 days after the completion of the pilot 
project, conduct at least one workshop for potential users to dissemi-
nate the lessons learned from the pilot project as widely as feasible. 
(g) REGULATIONS.—The Administrator shall issue regulations 
establishing application, selection, and implementation procedures 
for pilot projects, and guidelines for reports and workshops required 
by this section. 
§ 60304. Program evaluation 
(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 sec-
tion 14 of the Federal Advisory Committee Act (5 App. U.S.C.), 
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. 
§ 60305. Data availability 
The Administrator shall ensure that the results of each of the 
pilot projects completed under section 60303 of this title shall 
be retrievable through an electronic, internet-accessible database. 
§ 60306. Education 
The Administrator shall establish an educational outreach pro-
gram to increase awareness at institutions of higher education 
and State, local, regional, and tribal agencies of the potential 
applications of remote sensing and other geospatial information 
and awareness of the need for geospatial workforce development. 
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124 STAT. 3425 
PUBLIC LAW 111–314—DEC. 18, 2010 
CHAPTER 605—EARTH SCIENCE 
Sec. 
60501.
Goal. 
60502.
Transitioning experimental research into operational services. 
60503.
Reauthorization of Glory Mission. 
60504.
Tornadoes and other severe storms. 
60505.
Coordination with the National Oceanic and Atmospheric Administration. 
60506.
Sharing of climate related data. 
§ 60501. Goal 
The goal for the Administration’s Earth Science program shall 
be to pursue a program of Earth observations, research, and applica-
tions activities to better understand the Earth, how it supports 
life, and how human activities affect its ability to do so in the 
future. In pursuit of this goal, the Administration’s Earth Science 
program shall ensure that securing practical benefits for society 
will be an important measure of its success in addition to securing 
new knowledge about the Earth system and climate change. In 
further pursuit of this goal, the Administration shall, together 
with the National Oceanic and Atmospheric Administration and 
other relevant agencies, provide United States leadership in devel-
oping and carrying out a cooperative international Earth observa-
tions-based research program. 
§ 60502. Transitioning experimental research into oper-
ational services 
(a) INTERAGENCY PROCESS.—The Director of the Office of Science 
and Technology Policy, in consultation with the Administrator, the 
Administrator of the National Oceanic and Atmospheric Administra-
tion, and other relevant stakeholders, shall develop a process to 
transition, when appropriate, Administration Earth science and 
space weather missions or sensors into operational status. The 
process shall include coordination of annual agency budget requests 
as required to execute the transitions. 
(b) RESPONSIBLE AGENCY OFFICIAL.—The Administrator and the 
Administrator of the National Oceanic and Atmospheric Administra-
tion shall each designate an agency official who shall have the 
responsibility for and authority to lead the Administration’s and 
the National Oceanic and Atmospheric Administration’s transition 
activities and interagency coordination. 
(c) PLAN.—For each mission or sensor that is determined to 
be appropriate for transition under subsection (a), the Administra-
tion and the National Oceanic and Atmospheric Administration 
shall transmit to Congress a joint plan for conducting the transition. 
The plan shall include the strategy, milestones, and budget required 
to execute the transition. The transition plan shall be transmitted 
to Congress no later than 60 days after the successful completion 
of the mission or sensor critical design review. 
§ 60503. Reauthorization of Glory Mission 
Congress reauthorizes the Administration to continue with 
development of the Glory Mission, which will examine how aerosols 
and solar energy affect the Earth’s climate. 
§ 60504. Tornadoes and other severe storms 
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 
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124 STAT. 3426 
PUBLIC LAW 111–314—DEC. 18, 2010 
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. 
§ 60505. Coordination 
with 
the 
National 
Oceanic 
and 
Atmospheric Administration 
(a) JOINT WORKING GROUP.—The Administrator and the Adminis-
trator of the National Oceanic and Atmospheric Administration 
shall appoint a Joint Working Group, which shall review and mon-
itor missions of the two agencies to ensure maximum coordination 
in the design, operation, and transition of missions where appro-
priate. The Joint Working Group shall also prepare the plans 
required by subsection (c). 
(b) COORDINATION REPORT.—Not later than February 15 of each 
year, the Administrator and the Administrator of the National 
Oceanic and Atmospheric Administration shall jointly transmit a 
report to the Committee on Science and Technology of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on how the Earth science programs 
of the Administration and the National Oceanic and Atmospheric 
Administration will be coordinated during the fiscal year following 
the fiscal year in which the report is transmitted. 
(c) COORDINATION OF TRANSITION PLANNING AND REPORTING.— 
The Administrator, in conjunction with the Administrator of the 
National Oceanic and Atmospheric Administration and in consulta-
tion with other relevant agencies, shall evaluate relevant Adminis-
tration science missions for their potential operational capabilities 
and shall prepare transition plans for the existing and future Earth 
observing systems found to have potential operational capabilities. 
(d) LIMITATION.—The Administrator shall not transfer any 
Administration Earth science mission or Earth observing system 
to the National Oceanic and Atmospheric Administration until the 
plan required under subsection (c) has been approved by the 
Administrator and the Administrator of the National Oceanic and 
Atmospheric Administration and until financial resources have been 
identified to support the transition or transfer in the President’s 
budget request for the National Oceanic and Atmospheric Adminis-
tration. 
§ 60506. Sharing of climate related data 
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 avail-
ability and widest possible use to ensure public access to accurate 
and current data on global warming. 
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124 STAT. 3427 
PUBLIC LAW 111–314—DEC. 18, 2010 
Subtitle VII—Access to Space 
CHAPTER 701—USE OF SPACE SHUTTLE OR 
ALTERNATIVES 
Sec. 
70101.
Recovery of fair value of placing Department of Defense payloads in orbit 
with space shuttle. 
70102.
Space shuttle use policy. 
70103.
Commercial payloads on space shuttle. 
§ 70101. Recovery of fair value of placing Department of 
Defense payloads in orbit with space shuttle 
Notwithstanding any other provision of law, or any interagency 
agreement, the Administrator shall charge such prices as are nec-
essary to recover the fair value of placing Department of Defense 
payloads into orbit by means of the space shuttle. 
§ 70102. Space shuttle use policy 
(a) USE POLICY.— 
(1) IN GENERAL.— 
(A) POLICY.—It shall be the policy of the United States 
to use the space shuttle— 
(i) for purposes that require a human presence; 
(ii) for purposes that require the unique capabilities 
of the space shuttle; or 
(iii) when other compelling circumstances exist. 
(B) DEFINITION OF COMPELLING CIRCUMSTANCES.—In this 
paragraph, the term ‘‘compelling circumstances’’ includes, 
but is not limited to, occasions when the Administrator 
determines, in consultation with the Secretary of Defense 
and the Secretary of State, that important national security 
or foreign policy interests would be served by a shuttle 
launch. 
(2) USING
AVAILABLE
CARGO
SPACE
FOR
SECONDARY
PAY-
LOADS.—The policy stated in paragraph (1) shall not preclude 
the use of available cargo space, on a space shuttle mission 
otherwise consistent with the policy described in paragraph 
(1), for the purpose of carrying secondary payloads (as defined 
by the Administrator) that do not require a human presence 
if such payloads are consistent with the requirements of 
research, development, demonstration, scientific, commercial, 
and educational programs authorized by the Administrator. 
(b) ANNUAL REPORT.—At least annually, the Administrator shall 
submit to Congress a report certifying that the payloads scheduled 
to be launched on the space shuttle for the next 4 years are 
consistent with the policy set forth in subsection (a)(1). For each 
payload scheduled to be launched from the space shuttle that does 
not require a human presence, the Administrator shall, in the 
certified report to Congress, state the specific circumstances that 
justified the use of the space shuttle. If, during the period between 
scheduled reports to Congress, any additions are made to the list 
of certified payloads intended to be launched from the shuttle, 
the Administrator shall inform Congress of the additions and the 
reasons therefor within 45 days of the change. 
(c) ADMINISTRATION PAYLOADS.—The report described in sub-
section (b) shall also include those Administration payloads 
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124 STAT. 3428 
PUBLIC LAW 111–314—DEC. 18, 2010 
designed solely to fly on the space shuttle which have begun the 
phase C/D of its development cycle. 
§ 70103. Commercial payloads on space shuttle 
(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 shuttle unless the 
Administrator determines that— 
(1) the payload requires the unique capabilities of the space 
shuttle; or 
(2) launching of the payload on the space shuttle is important 
for either national security or foreign policy purposes. 
CHAPTER 703—SHUTTLE PRICING POLICY FOR 
COMMERCIAL AND FOREIGN USERS 
Sec. 
70301.
Congressional findings and declarations. 
70302.
Purpose, policy, and goals. 
70303.
Definition of additive cost. 
70304.
Duties of Administrator. 
§ 70301. Congressional findings and declarations 
Congress finds and declares that— 
(1) the Space Transportation System is a vital element of 
the United States space program, contributing to the United 
States leadership in space research, technology, and develop-
ment; 
(2) the Space Transportation System is the primary space 
launch system for both United States national security and 
civil government missions; 
(3) the Space Transportation System contributes to the expan-
sion of United States private sector investment and involvement 
in space and therefore should serve commercial users; 
(4) the availability of the Space Transportation System to 
foreign users for peaceful purposes is an important means 
of promoting international cooperative activities in the national 
interest and in maintaining access to space for activities which 
enhance the security and welfare of humankind; 
(5) the United States is committed to maintaining world 
leadership in space transportation; 
(6) making the Space Transportation System fully operational 
and cost effective in providing routine access to space will 
maximize the national economic benefits of the system; and 
(7) national goals and the objectives for the Space Transpor-
tation System can be furthered by a stable and fair pricing 
policy for the Space Transportation System. 
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124 STAT. 3429 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 70302. Purpose, policy, and goals 
The purpose of this chapter is to set, for commercial and foreign 
users, the reimbursement pricing policy for the Space Transpor-
tation System that is consistent with the findings included in section 
70301 of this title, encourages the full and effective use of space, 
and is designed to achieve the following goals: 
(1) The preservation of the role of the United States as 
a leader in space research, technology, and development. 
(2) The efficient and cost effective use of the Space Transpor-
tation System. 
(3) The achievement of greatly increased commercial space 
activity. 
(4) The enhancement of the international competitive position 
of the United States. 
§ 70303. Definition of additive cost 
In this chapter, the term ‘‘additive cost’’ means the average direct 
and indirect costs to the Administration of providing additional 
flights of the Space Transportation System beyond the costs associ-
ated with those flights necessary to meet the space transportation 
needs of the United States Government. 
§ 70304. Duties of Administrator 
(a) ESTABLISHMENT
AND IMPLEMENTATION
OF REIMBURSEMENT 
RECOVERY SYSTEM.—The Administrator shall establish and imple-
ment a pricing system to recover reimbursement in accordance 
with the pricing policy under section 70302 of this title from each 
commercial or foreign user of the Space Transportation System, 
which, except as provided in subsections (c), (d), and (e), shall 
include a base price of not less than $74,000,000 for each flight 
of the Space Transportation System in 1982 dollars. 
(b) REPORTS TO CONGRESS.—Each year the Administrator shall 
submit to the President of the Senate, the Speaker of the House 
of Representatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Science and 
Technology of the House of Representatives a report, transmitted 
contemporaneously with the annual budget request of the President, 
which shall inform Congress how the policy goals contained in 
section 70302 of this title are being furthered by the shuttle price 
for foreign and commercial users. 
(c) REDUCTION OF BASE PRICE.— 
(1) AUTHORITY TO REDUCE.—If at any time the Administrator 
finds that the policy goals contained in section 70302 of this 
title are not being achieved, the Administrator shall have 
authority to reduce the base price established in subsection 
(a) after 45 days following receipt by the President of the 
Senate, the Speaker of the House of Representatives, the Com-
mittee on Commerce, Science, and Transportation of the Senate, 
and the Committee on Science and Technology of the House 
of Representatives of a notice by the Administrator containing 
a description of the proposed reduction together with a full 
and complete statement of the facts and circumstances which 
necessitate such proposed reduction. 
(2) MINIMUM PRICE.—In no case shall the minimum price 
established under paragraph (1) be less than additive cost. 
(d) LOW OR NO-COST FLIGHTS.—The Administrator may set a 
price lower than the price determined under subsection (a) or (c), 
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124 STAT. 3430 
PUBLIC LAW 111–314—DEC. 18, 2010 
or provide no-cost flights, for any commercial or foreign user of 
the Space Transportation System that is involved in research, 
development, or demonstration programs with the Administration. 
(e) CUSTOMER INCENTIVES.—Notwithstanding the provisions of 
subsection (a), the Administrator shall have the authority to offer 
reasonable customer incentives consistent with the policy goals 
in section 70302 of this title. 
CHAPTER 705—EXPLORATION INITIATIVES 
Sec. 
70501.
Space shuttle follow-on. 
70502.
Exploration plan and programs. 
70503.
Ground-based analog capabilities. 
70504.
Stepping stone approach to exploration. 
70505.
Lunar outpost. 
70506.
Exploration technology research. 
70507.
Technology development. 
70508.
Robotic or human servicing of spacecraft. 
§ 70501. Space shuttle follow-on 
(a) POLICY STATEMENT.—It is the policy of the United States 
to possess the capability for human access to space on a continuous 
basis. 
(b) ANNUAL
REPORT.—The Administrator shall transmit an 
annual report to the Committee on Science and Technology of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate describing the progress 
being made toward developing the Crew Exploration Vehicle and 
the Crew Launch Vehicle and the estimated time before they will 
demonstrate crewed, orbital spaceflight. 
§ 70502. Exploration plan and programs 
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 technology development pro-
gram 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; 
(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. 
§ 70503. Ground-based analog capabilities 
(a) IN GENERAL.—The Administrator may establish a ground- 
based analog capability in remote United States locations in order 
to assist in the development of lunar operations, life support, and 
in-situ resource utilization experience and capabilities. 
(b) ENVIRONMENTAL CHARACTERISTICS.—The Administrator shall 
select locations for the activities described in subsection (a) that— 
(1) are regularly accessible; 
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124 STAT. 3431 
PUBLIC LAW 111–314—DEC. 18, 2010 
(2) have significant temperature extremes and range; and 
(3) have access to energy and natural resources (including 
geothermal, permafrost, volcanic, or other potential resources). 
(c) INVOLVEMENT OF LOCAL POPULATIONS AND PRIVATE SECTOR 
PARTNERS.—In carrying out this section, the Administrator shall 
involve local populations, academia, and industrial partners as 
much as possible to ensure that ground-based benefits and applica-
tions are encouraged and developed. 
§ 70504. Stepping stone approach to exploration 
In order to maximize the cost-effectiveness of the long-term explo-
ration and utilization activities of the United States, the Adminis-
trator shall take all necessary steps, including engaging inter-
national partners, to ensure that activities in its lunar exploration 
program shall be designed and implemented in a manner that 
gives strong consideration to how those activities might also help 
meet the requirements of future exploration and utilization activi-
ties beyond the Moon. The timetable of the lunar phase of the 
long-term international exploration initiative shall be determined 
by the availability of funding. However, once an exploration-related 
project enters its development phase, the Administrator shall seek, 
to the maximum extent practicable, to complete that project without 
undue delays. 
§ 70505. Lunar outpost 
(a) ESTABLISHMENT.—As the Administration works toward the 
establishment of a lunar outpost, the Administration shall make 
no plans that would require a lunar outpost to be occupied to 
maintain its viability. Any such outpost shall be operable as a 
human-tended facility capable of remote or autonomous operation 
for extended periods. 
(b) DESIGNATION.—The United States portion of the first human- 
tended outpost established on the surface of the Moon shall be 
designated the ‘‘Neil A. Armstrong Lunar Outpost’’. 
§ 70506. Exploration technology research 
The Administrator shall carry out a program of long-term explo-
ration-related technology research and development, including such 
things as in-space propulsion, power systems, life support, and 
advanced avionics, that is not tied to specific flight projects. The 
program shall have the funding goal of ensuring that the technology 
research and development can be completed in a timely manner 
in order to support the safe, successful, and sustainable exploration 
of the solar system. In addition, in order to ensure that the broadest 
range of innovative concepts and technologies are captured, the 
long-term technology program shall have the goal of having a signifi-
cant portion of its funding available for external grants and con-
tracts with universities, research institutions, and industry. 
§ 70507. Technology development 
The Administrator shall establish an intra-Directorate long-term 
technology development program for space and Earth science within 
the Science Mission Directorate for the development of new tech-
nology. The program shall be independent of the flight projects 
under development. The Administration shall have a goal of funding 
the intra-Directorate technology development program at a level 
of 5 percent of the total Science Mission Directorate annual budget. 
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124 STAT. 3432 
PUBLIC LAW 111–314—DEC. 18, 2010 
The program shall be structured to include competitively awarded 
grants and contracts. 
§ 70508. Robotic or human servicing of spacecraft 
The Administrator shall take all necessary steps to ensure that 
provision is made in the design and construction of all future 
observatory-class scientific spacecraft intended to be deployed in 
Earth orbit or at a Lagrangian point in space for robotic or human 
servicing and repair to the extent practicable and appropriate. 
CHAPTER 707—HUMAN SPACE FLIGHT INDEPENDENT 
INVESTIGATION COMMISSION 
Sec. 
70701.
Definitions. 
70702.
Establishment of Commission. 
70703.
Tasks of Commission. 
70704.
Composition of Commission. 
70705.
Powers of Commission. 
70706.
Public meetings, information, and hearings. 
70707.
Staff of Commission. 
70708.
Compensation and travel expenses. 
70709.
Security clearances for Commission members and staff. 
70710.
Reporting requirements and termination. 
§ 70701. Definitions 
In this chapter: 
(1) COMMISSION.—The term ‘‘Commission’’ means a Commis-
sion established under this chapter. 
(2) INCIDENT.—The term ‘‘incident’’ means either an accident 
or a deliberate act. 
§ 70702. Establishment of Commission 
(a) ESTABLISHMENT.—The President shall establish an inde-
pendent, nonpartisan Commission within the executive branch to 
investigate any incident that results in the loss of— 
(1) a space shuttle; 
(2) the International Space Station or its operational viability; 
(3) any other United States space vehicle carrying humans 
that is owned by the Federal Government or that is being 
used pursuant to a contract with the Federal Government; 
or 
(4) a crew member or passenger of any space vehicle described 
in this subsection. 
(b) DEADLINE FOR ESTABLISHMENT.—The President shall establish 
a Commission within 7 days after an incident specified in subsection 
(a). 
§ 70703. Tasks of Commission 
A Commission established pursuant to this chapter shall, to the 
extent possible, undertake the following tasks: 
(1) INVESTIGATION.—Investigate the incident. 
(2) CAUSE.—Determine the cause of the incident. 
(3) CONTRIBUTING FACTORS.—Identify all contributing factors 
to the cause of the incident. 
(4) RECOMMENDATIONS.—Make recommendations for correc-
tive actions. 
(5) ADDITIONAL
FINDINGS
OR
RECOMMENDATIONS.—Provide 
any additional findings or recommendations deemed by the 
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124 STAT. 3433 
PUBLIC LAW 111–314—DEC. 18, 2010 
Commission to be important, whether or not they are related 
to the specific incident under investigation. 
(6) REPORT.—Prepare a report to Congress, the President, 
and the public. 
§ 70704. Composition of Commission 
(a) NUMBER
OF
COMMISSIONERS.—A Commission established 
pursuant to this chapter shall consist of 15 members. 
(b) SELECTION.—The members of a Commission shall be chosen 
in the following manner: 
(1) APPOINTMENT BY PRESIDENT.—The President shall appoint 
the members, and shall designate the Chairman and Vice 
Chairman of the Commission from among its members. 
(2) LISTS PROVIDED BY LEADERS OF CONGRESS.—The majority 
leader of the Senate, the minority leader of the Senate, the 
Speaker of the House of Representatives, and the minority 
leader of the House of Representatives shall each provide to 
the President a list of candidates for membership on the 
Commission. The President may select one of the candidates 
from each of the 4 lists for membership on the Commission. 
(3) 
PROHIBITION
REGARDING
FEDERAL
OFFICERS
AND 
EMPLOYEES
AND
MEMBERS
OF
CONGRESS.—No officer or 
employee of the Federal Government or Member of Congress 
shall serve as a member of the Commission. 
(4) PROHIBITION REGARDING CONTRACTORS.—No member of 
the Commission shall have, or have pending, a contractual 
relationship with the Administration. 
(5) PROHIBITION
REGARDING
CONFLICT
OF
INTEREST.—The 
President shall not appoint any individual as a member of 
a Commission under this section who has a current or former 
relationship with the Administrator that the President deter-
mines would constitute a conflict of interest. 
(6) EXPERIENCE.—To the extent practicable, the President 
shall ensure that the members of the Commission include some 
individuals with experience relative to human carrying space-
craft, as well as some individuals with investigative experience 
and some individuals with legal experience. 
(7) DIVERSITY.—To the extent practicable, the President shall 
seek diversity in the membership of the Commission. 
(c) DEADLINE FOR APPOINTMENT.—All members of a Commission 
established under this chapter shall be appointed no later than 
30 days after the incident. 
(d) INITIAL MEETING.—A Commission shall meet and begin oper-
ations as soon as practicable. 
(e) SUBSEQUENT MEETINGS.—After its initial meeting, a Commis-
sion shall meet upon the call of the Chairman or a majority of 
its members. 
(f) QUORUM.—Eight members of a Commission shall constitute 
a quorum. 
(g) VACANCIES.—Any vacancy in a Commission shall not affect 
its powers, but shall be filled in the same manner in which the 
original appointment was made. 
§ 70705. Powers of Commission 
(a) HEARINGS AND EVIDENCE.—A Commission or, on the authority 
of the Commission, any subcommittee or member thereof, may, 
for the purpose of carrying out this chapter— 
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124 STAT. 3434 
PUBLIC LAW 111–314—DEC. 18, 2010 
(1) hold such hearings and sit and act at such times and 
places, take such testimony, receive such evidence, administer 
such oaths; and 
(2) require, by subpoena or otherwise, the attendance and 
testimony of such witnesses and the production of such books, 
records, correspondence, memoranda, papers, and documents, 
as the Commission or such designated subcommittee or member 
may determine advisable. 
(b) CONTRACTING.—A Commission may, to such extent and in 
such amounts as are provided in appropriation Acts, enter into 
contracts to enable the Commission to discharge its duties under 
this chapter. 
(c) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—A Commission may secure directly from 
any executive department, bureau, agency, board, commission, 
office, independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, and statistics 
for the purposes of this chapter. Each department, bureau, 
agency, board, commission, office, independent establishment, 
or instrumentality shall, to the extent authorized by law, fur-
nish such information, suggestions, estimates, and statistics 
directly to the Commission, upon request made by the Chair-
man, the chairman of any subcommittee created by a majority 
of the Commission, or any member designated by a majority 
of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND
DISSEMINATION.— 
Information shall only be received, handled, stored, and 
disseminated by members of the Commission and its staff con-
sistent with all applicable statutes, regulations, and Executive 
orders. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL SERVICES ADMINISTRATION.—The Administrator 
of General Services shall provide to a Commission on a 
reimbursable basis administrative support and other services 
for the performance of the Commission’s tasks. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to the 
assistance prescribed in paragraph (1), departments and agen-
cies of the United States may provide to the Commission such 
services, funds, facilities, staff, and other support services as 
they may determine advisable and as may be authorized by 
law. 
(3) ADMINISTRATION ENGINEERING AND SAFETY CENTER.—The 
Administration Engineering and Safety Center shall provide 
data and technical support as requested by the Commission. 
§ 70706. Public meetings, information, and hearings 
(a) PUBLIC MEETINGS
AND RELEASE
OF PUBLIC VERSIONS
OF 
REPORTS.—A Commission shall— 
(1) hold public hearings and meetings to the extent appro-
priate; and 
(2) release public versions of the reports required under this 
chapter. 
(b) PUBLIC HEARINGS.—Any public hearings of a Commission 
shall be conducted in a manner consistent with the protection 
of information provided to or developed for or by the Commission 
as required by any applicable statute, regulation, or Executive 
order. 
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124 STAT. 3435 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 70707. Staff of Commission 
(a) APPOINTMENT AND COMPENSATION.—The Chairman, in con-
sultation 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 serv-
ices 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. 
§ 70708. Compensation and travel expenses 
(a) COMPENSATION.—Each member of a Commission may be com-
pensated at a rate 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 for each day during which 
that member is engaged in the actual performance of the duties 
of the Commission. 
(b) TRAVEL EXPENSES.—While away from their homes or regular 
places of business in the performance of services for the Commis-
sion, members of a Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in the Government service are 
allowed expenses under section 5703 of title 5. 
§ 70709. Security clearances for Commission members and 
staff 
The appropriate Federal agencies or departments shall cooperate 
with a Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements. No per-
son shall be provided with access to classified information under 
this chapter without the appropriate security clearances. 
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124 STAT. 3436 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 70710. Reporting requirements and termination 
(a) INTERIM REPORTS.—A Commission may submit to the Presi-
dent and Congress interim reports containing such findings, conclu-
sions, and recommendations for corrective actions as have been 
agreed to by a majority of Commission members. 
(b) FINAL REPORT.—A Commission shall submit to the President 
and Congress, and make concurrently available to the public, a 
final report containing such findings, conclusions, and recommenda-
tions for corrective actions as have been agreed to by a majority 
of Commission members. Such report shall include any minority 
views or opinions not reflected in the majority report. 
(c) TERMINATION.— 
(1) IN GENERAL.—A Commission, and all the authorities of 
this chapter with respect to that Commission, shall terminate 
60 days after the date on which the final report is submitted 
under subsection (b). 
(2) ADMINISTRATIVE
ACTIVITIES
BEFORE
TERMINATION.—A 
Commission may use the 60-day period referred to in paragraph 
(1) for the purpose of concluding its activities, including pro-
viding testimony to committees of Congress concerning its 
reports and disseminating the final report. 
CHAPTER 709—INTERNATIONAL SPACE STATION 
Sec. 
70901.
Peaceful uses of space station. 
70902.
Allocation of International Space Station research budget. 
70903.
International Space Station research. 
70904.
International Space Station completion. 
70905.
National laboratory designation. 
70906.
International Space Station National Laboratory Advisory Committee. 
70907.
Maintaining use through at least 2020. 
§ 70901. Peaceful uses of space station 
No civil space station authorized under section 103(a)(1) of the 
National Aeronautics and Space Administration Authorization Act, 
Fiscal Year 1991 (Public Law 101–611, 104 Stat. 3190) may be 
used to carry or place in orbit any nuclear weapon or any other 
weapon of mass destruction, to install any such weapon on any 
celestial body, or to station any such weapon in space in any 
other manner. This civil space station may be used only for peaceful 
purposes. 
§ 70902. Allocation of International Space Station research 
budget 
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. 
§ 70903. International Space Station research 
The Administrator shall— 
(1) carry out a program of microgravity research consistent 
with section 40904 of this title; and 
(2) consider the need for a life sciences centrifuge and any 
associated holding facilities. 
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124 STAT. 3437 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 70904. International Space Station completion 
(a) POLICY.—It is the policy of the United States to achieve 
diverse and growing utilization of, and benefits from, the Inter-
national Space Station. 
(b) ELEMENTS, CAPABILITIES, AND CONFIGURATION CRITERIA.— 
The Administrator shall ensure that the International Space Station 
will— 
(1) be assembled and operated in a manner that fulfills 
international partner agreements, as long as the Administrator 
determines that the shuttle can safely enable the United States 
to do so; 
(2) be used for a diverse range of microgravity research, 
including fundamental, applied, and commercial research, con-
sistent with section 40904 of this title; 
(3) have an ability to support a crew size of at least 6 
persons, unless the Administrator transmits 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 60 days after December 30, 2005, 
a report explaining why such a requirement should not be 
met, the impact of not meeting the requirement on the Inter-
national Space Station research agenda and operations and 
international partner agreements, and what additional funding 
or other steps would be required to have an ability to support 
a crew size of at least 6 persons; 
(4) support Crew Exploration Vehicle docking and automated 
docking of cargo vehicles or modules launched by either heavy- 
lift or commercially-developed launch vehicles; 
(5) support any diagnostic human research, on-orbit 
characterization of molecular crystal growth, cellular research, 
and other research that the Administration believes is nec-
essary to conduct, but for which the Administration lacks the 
capacity to return the materials that need to be analyzed to 
Earth; and 
(6) be operated at an appropriate risk level. 
(c) CONTINGENCIES.— 
(1) POLICY.—The Administrator shall ensure that the Inter-
national Space Station can have available, if needed, sufficient 
logistics and on-orbit capabilities to support any potential 
period during which the space shuttle or its follow-on crew 
and cargo systems are unavailable, and can have available, 
if needed, sufficient surge delivery capability or prepositioning 
of spares and other supplies needed to accommodate any such 
hiatus. 
(2) PLAN.—Before making any change in the International 
Space Station assembly sequence in effect on December 30, 
2005, the Administrator shall transmit to the Committee on 
Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of 
the Senate a plan to carry out the policy described in paragraph 
(1). 
§ 70905. National laboratory designation 
(a) DEFINITION
OF UNITED STATES SEGMENT
OF
THE INTER-
NATIONAL SPACE STATION.—In this section the term ‘‘United States 
segment of the International Space Station’’ means those elements 
of the International Space Station manufactured— 
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124 STAT. 3438 
PUBLIC LAW 111–314—DEC. 18, 2010 
(1) by the United States; or 
(2) for the United States by other nations in exchange for 
funds or launch services. 
(b) DESIGNATION.—To further the policy described in section 
70501(a) of this title, the United States segment of the International 
Space Station is hereby designated a national laboratory. 
(c) MANAGEMENT.— 
(1) PARTNERSHIPS.—The Administrator shall seek to increase 
the utilization of the International Space Station by other Fed-
eral entities and the private sector through partnerships, cost- 
sharing agreements, and other arrangements that would 
supplement Administration funding of the International Space 
Station. 
(2) CONTRACTING.—The Administrator may enter into a con-
tract with a nongovernmental entity to operate the Inter-
national Space Station national laboratory, subject to all 
applicable Federal laws and regulations. 
§ 70906. International Space Station National Laboratory 
Advisory Committee 
(a) ESTABLISHMENT.—Not later than one year after October 15, 
2008, the Administrator shall establish under the Federal Advisory 
Committee Act a committee to be known as the ‘‘International 
Space Station National Laboratory Advisory Committee’’ (hereafter 
in this section referred to as the ‘‘Committee’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Committee shall be composed of 
individuals representing organizations that have formal agree-
ments with the Administration to utilize the United States 
portion of the International Space Station, including allocations 
within partner elements. 
(2) CHAIR.—The Administrator shall appoint a chair from 
among the members of the Committee, who shall serve for 
a 2-year term. 
(c) DUTIES OF THE COMMITTEE.— 
(1) IN GENERAL.—The Committee shall monitor, assess, and 
make recommendations regarding effective utilization of the 
International Space Station as a national laboratory and plat-
form for research. 
(2) ANNUAL REPORT.—The Committee shall submit to the 
Administrator, on an annual basis or more frequently as consid-
ered necessary by a majority of the members of the Committee, 
a report containing the assessments and recommendations 
required by paragraph (1). 
(d) DURATION.—The Committee shall exist for the life of the 
International Space Station. 
§ 70907. Maintaining use through at least 2020 
The Administrator shall take all necessary steps to ensure that 
the International Space Station remains a viable and productive 
facility capable of potential United States utilization through at 
least 2020 and shall take no steps that would preclude its continued 
operation and utilization by the United States after 2015. 
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124 STAT. 3439 
PUBLIC LAW 111–314—DEC. 18, 2010 
CHAPTER 711—NEAR-EARTH OBJECTS 
Sec. 
71101.
Reaffirmation of policy. 
71102.
Requests for information. 
71103.
Developing policy and recommending responsible Federal agency. 
71104.
Planetary radar. 
§ 71101. Reaffirmation of policy 
Congress reaffirms the policy set forth in section 20102(g) of 
this title (relating to surveying near-Earth asteroids and comets). 
§ 71102. Requests for information 
The Administrator shall issue requests for information on— 
(1) a low-cost space mission with the purpose of ren-
dezvousing with, attaching a tracking device, and character-
izing the Apophis asteroid; and 
(2) a medium-sized space mission with the purpose of 
detecting near-Earth objects equal to or greater than 140 meters 
in diameter. 
§ 71103. Developing policy and recommending responsible 
Federal agency 
Within 2 years after October 15, 2008, the Director of the Office 
of Science and Technology Policy shall— 
(1) develop a policy for notifying Federal agencies and rel-
evant emergency response institutions of an impending near- 
Earth object threat, if near-term public safety is at risk; and 
(2) recommend a Federal agency or agencies to be responsible 
for— 
(A) protecting the United States from a near-Earth object 
that is expected to collide with Earth; and 
(B) implementing a deflection campaign, in consultation 
with international bodies, should one be necessary. 
§ 71104. Planetary radar 
The Administrator shall maintain a planetary radar that is com-
parable to the capability provided through the Deep Space Network 
Goldstone facility of the Administration. 
CHAPTER 713—COOPERATION FOR SAFETY AMONG 
SPACEFARING NATIONS 
Sec. 
71301.
Common docking system standard to enable rescue. 
71302.
Information sharing to avoid physical or radio-frequency interference. 
§ 71301. Common docking system standard to enable rescue 
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. 
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124 STAT. 3440 
PUBLIC LAW 111–314—DEC. 18, 2010 
§ 71302. Information sharing to avoid physical or radio-fre-
quency interference 
The Administrator shall, in consultation with other agencies of 
the Federal Government as the Administrator considers appro-
priate, initiate discussions with the appropriate representatives 
of spacefaring nations to determine an appropriate frame-work 
under which information intended to promote safe access into outer 
space, operations in outer space, and return from outer space to 
Earth free from physical or radio-frequency interference can be 
shared among the nations. 
SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS. 
(a) TITLE 5.—Section 9811(a)(1)(E) of title 5, United States Code, 
is amended by striking ‘‘section 203(c)(2)(A) of the National Aero-
nautics and Space Act of 1958 (42 U.S.C. 2473(c)(2)(A))’’ and sub-
stituting ‘‘section 20113(b)(1) of title 51’’. 
(b) TITLE 31.—Section 1304(a)(3)(D) of title 31, United States 
Code, is amended by striking ‘‘section 203 of the National Aero-
nautics and Space Act of 1958 (42 U.S.C. 2473)’’ and substituting 
‘‘section 20113 of title 51’’. 
(c) TITLE 35.—Section 210(a)(7) of title 35, United States Code, 
is amended by striking ‘‘section 305 of the National Aeronautics 
and Space Act of 1958 (42 U.S.C. 2457)’’ and substituting ‘‘section 
20135 of title 51’’. 
(d) TRANSFER OF CHAPTERS 701 AND 703 OF TITLE 49, UNITED 
STATES CODE.— 
(1) TITLE 49, UNITED STATES CODE.—Title 49, United States 
Code, is amended as follows: 
(A) In the analysis for title 49, United States Code, 
the item related to subtitle IX is amended to read as 
follows: 
‘‘IX. [TRANSFERRED]’’. 
(B) The heading and analysis for subtitle IX of title 
49, United States Code, are amended to read as follows: 
‘‘Subtitle IX—[Transferred] 
‘‘Chapter 
Sec. 
‘‘701. [Transferred] 
‘‘703. [Transferred]’’. 
(2) RENUMBERING
AND
TRANSFER
OF
CHAPTERS.—Chapters 
701 and 703 of title 49, United States Code, are renumbered 
as chapters 509 and 511, respectively, of title 51, United States 
Code, and transferred so as to appear after chapter 507 of 
title 51, United States Code, as enacted by section 3 of this 
Act. 
(3) RENUMBERING OF SECTIONS IN CHAPTER 509 OF TITLE 51, 
UNITED STATES CODE.—In chapter 509 of title 51, United States 
Code, as renumbered by paragraph (2), and in the chapter 
analysis, the sections are renumbered as follows: 
(A) Section 70101 is renumbered 50901. 
(B) Section 70102 is renumbered 50902. 
(C) Section 70103 is renumbered 50903. 
(D) Section 70104 is renumbered 50904. 
(E) Section 70105 is renumbered 50905. 
(F) Section 70105a is renumbered 50906. 
51 USC 
70101–70121, 
70301–70305. 
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124 STAT. 3441 
PUBLIC LAW 111–314—DEC. 18, 2010 
(G) Section 70106 is renumbered 50907. 
(H) Section 70107 is renumbered 50908. 
(I) Section 70108 is renumbered 50909. 
(J) Section 70109 is renumbered 50910. 
(K) Section 70109a is renumbered 50911. 
(L) Section 70110 is renumbered 50912. 
(M) Section 70111 is renumbered 50913. 
(N) Section 70112 is renumbered 50914. 
(O) Section 70113 is renumbered 50915. 
(P) Section 70114 is renumbered 50916. 
(Q) Section 70115 is renumbered 50917. 
(R) Section 70116 is renumbered 50918. 
(S) Section 70117 is renumbered 50919. 
(T) Section 70118 is renumbered 50920. 
(U) Section 70119 is renumbered 50921. 
(V) Section 70120 is renumbered 50922. 
(W) Section 70121 is renumbered 50923. 
(4) RENUMBERING OF SECTIONS IN CHAPTER 511 OF TITLE 51, 
UNITED STATES CODE.—In chapter 511 of title 51, United States 
Code, as renumbered by paragraph (2), and in the chapter 
analysis, the sections are renumbered as follows: 
(A) Section 70301 is renumbered 51101. 
(B) Section 70302 is renumbered 51102. 
(C) Section 70303 is renumbered 51103. 
(D) Section 70304 is renumbered 51104. 
(E) Section 70305 is renumbered 51105. 
(5) CROSS REFERENCES IN CHAPTER 509 OF TITLE 51, UNITED 
STATES CODE.— 
(A) Section 50902(11) of title 51, United States Code, 
as renumbered by paragraph (3), is amended— 
(i) by striking ‘‘section 70104(c)’’ and substituting 
‘‘section 50904(c)’’; and 
(ii) by striking ‘‘section 70105a’’ and substituting 
‘‘section 50906’’. 
(B) Section 50902(19) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 70120(c)(2)’’ and substituting ‘‘section 50922(c)(2)’’. 
(C) Section 50904(a)(2) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 70102(1)(A) or (B)’’ and substituting ‘‘section 
50902(1)(A) or (B)’’. 
(D) Section 50904(a)(3) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 
70102(1)(C)’’ 
and 
substituting 
‘‘section 
50902(1)(C)’’. 
(E) Section 50904(a)(4) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 
70102(1)(C)’’ 
and 
substituting 
‘‘section 
50902(1)(C)’’. 
(F) Section 50905(b)(5)(A) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 70112(a)(2) and (c)’’ and substituting ‘‘section 
50914(a)(2) and (c)’’. 
(G) Section 50906(c) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 
70105(b)(2)(C)’’ 
and 
substituting 
‘‘section 
50905(b)(2)(C)’’. 
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124 STAT. 3442 
PUBLIC LAW 111–314—DEC. 18, 2010 
(H) Section 50906(i) of title 51, United States Code, as 
renumbered by paragraph (3), is amended by striking ‘‘sec-
tions 70106, 70107, 70108, 70109, 70110, 70112, 70115, 
70116, 70117, and 70121’’ and substituting ‘‘sections 50907, 
50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, 
and 50923’’. 
(I) Section 50907(a) of title 51, United States Code, as 
renumbered by paragraph (3), is amended by striking ‘‘sec-
tions 70104(c), 70105, and 70105a’’ and substituting ‘‘sec-
tions 50904(c), 50905, and 50906’’. 
(J) Section 50908(b)(2) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 70105(c)’’ and substituting ‘‘section 50905(c)’’. 
(K) Section 50908(e) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 70110’’ and substituting ‘‘section 50912’’. 
(L) Section 50909(b) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 70110’’ and substituting ‘‘section 50912’’. 
(M) Section 50912(a)(1) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 70105(a) or 70105a’’ and substituting ‘‘section 
50905(a) or 50906’’. 
(N) Section 50912(a)(2) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 70104(c)’’ and substituting ‘‘section 50904(c)’’. 
(O) Section 50912(a)(3)(A) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 70107(b) or (c)’’ and substituting ‘‘section 50908(b) 
or (c)’’. 
(P) Section 50912(a)(3)(B) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 70108(a)’’ and substituting ‘‘section 50909(a)’’. 
(Q) Section 50915(a)(1)(A) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 
70112(a)(1)(A)’’ 
and 
substituting 
‘‘section 
50914(a)(1)(A)’’. 
(R) Section 50915(a)(2) of title 51, United States Code, 
as renumbered by paragraph (3), is amended— 
(i) by striking ‘‘section 70112(a)(1)(A)’’ and sub-
stituting ‘‘section 50914(a)(1)(A)’’; and 
(ii) by striking ‘‘section 70112(a)(1)’’ and substituting 
‘‘section 50914(a)(1)’’. 
(S) Section 50916 of title 51, United States Code, as 
renumbered by paragraph (3), is amended by striking ‘‘sec-
tion 70106(b)’’ and substituting ‘‘section 50907(b)’’. 
(T) Section 50919(b)(2) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 
5601 et seq.)’’ and substituting ‘‘chapter 601 of this title’’. 
(U) Section 50922(c)(2)(B) of title 51, United States Code, 
as renumbered by paragraph (3), is amended by striking 
‘‘section 70102’’ and substituting ‘‘section 50902’’. 
(6) CROSS REFERENCES IN CHAPTER 511 OF TITLE 51, UNITED 
STATES CODE.— 
(A) Section 51101(1) of title 51, United States Code, 
as renumbered by paragraph (4), is amended by striking 
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124 STAT. 3443 
PUBLIC LAW 111–314—DEC. 18, 2010 
‘‘section 502 of the National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1993 (15 
U.S.C. 5802)’’ and substituting ‘‘section 50501 of this title’’. 
(B) Section 51104(d)(1) of title 51, United States Code, 
as renumbered by paragraph (4), is amended by striking 
‘‘section 303 of this title’’ and substituting ‘‘section 303 
of title 49’’. 
(7) ANALYSIS FOR TITLE 51, UNITED STATES CODE.—The anal-
ysis for title 51, United States Code, as enacted by section 
3 of this Act, is amended by adding, after the item for chapter 
507, the following items: 
‘‘509. Commercial Space Launch Activities ........................................................50901
‘‘511. Space Transportation Infrastructure Matching Grants ..........................51101’’. 
(8) DEEMED REFERENCES TO TITLE 49, UNITED STATES CODE.— 
In title 49, United States Code, references to ‘‘this title’’ are 
deemed to refer also to chapters 509 and 511 of title 51, 
United States Code. 
(e) 
NATIONAL
AERONAUTICS
AND
SPACE
ADMINISTRATION 
AUTHORIZATION ACT OF 2005.—Section 304 of the National Aero-
nautics and Space Administration Authorization Act of 2005 (42 
U.S.C. 16654) is amended as follows: 
(1) Subsection (a)(1) is redesignated as subsection (a) and 
amended to read as follows: 
‘‘(a) ASSESSMENT OF CERTAIN MISSIONS.—Not later than 60 days 
after the date of enactment of this Act, the Administrator shall 
carry out an assessment under section 30504 of title 51, United 
States Code, for at least the following missions: FAST, TIMED, 
Cluster, Wind, Geotail, Polar, TRACE, Ulysses, and Voyager.’’. 
(2) Subsection (b) is amended by striking ‘‘subsection (a)(1)’’ 
and substituting ‘‘subsection (a)’’. 
SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS. 
(a) DEFINITIONS.—In this section: 
(1) SOURCE PROVISION.—The term ‘‘source provision’’ means 
a provision of law that is replaced by a title 51 provision. 
(2) TITLE 51 PROVISION.—The term ‘‘title 51 provision’’ means 
a provision of title 51, United States Code, that is enacted 
by section 3. 
(b) CUTOFF DATE.—The title 51 provisions replace certain provi-
sions of law enacted on or before July 1, 2009. If a law enacted 
after that date amends or repeals a source provision, that law 
is deemed to amend or repeal, as the case may be, the corresponding 
title 51 provision. If a law enacted after that date is otherwise 
inconsistent with a title 51 provision or a provision of this Act, 
that law supersedes the title 51 provision or provision of this 
Act to the extent of the inconsistency. 
(c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes 
of determining whether one provision of law supersedes another 
based on enactment later in time, a title 51 provision is deemed 
to have been enacted on the date of enactment of the corresponding 
source provision. 
(d) REFERENCES TO TITLE 51 PROVISIONS.—A reference to a title 
51 provision is deemed to refer to the corresponding source provi-
sion. 
(e) REFERENCES TO SOURCE PROVISIONS.—A reference to a source 
provision, including a reference in a regulation, order, or other 
law, is deemed to refer to the corresponding title 51 provision. 
51 USC note 
prec. 10101. 
49 USC 101 note. 
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124 STAT. 3444 
PUBLIC LAW 111–314—DEC. 18, 2010 
(f) 
REGULATIONS, 
ORDERS, 
AND
OTHER
ADMINISTRATIVE 
ACTIONS.—A regulation, order, or other administrative action in 
effect under a source provision continues in effect under the cor-
responding title 51 provision. 
(g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken 
or an offense committed under a source provision is deemed to 
have been taken or committed under the corresponding title 51 
provision. 
SEC. 6. REPEALS. 
The following provisions of law are repealed, except with respect 
to rights and duties that matured, penalties that were incurred, 
or proceedings that were begun before the date of enactment of 
this Act: 
Schedule of Laws Repealed 
Act 
Section 
United States Code 
National Aeronautics and Space 
Act of 1958 (Public Law 85– 
568) ..........................................
102 ...........................................
42 U.S.C. 2451.
103 ...........................................
42 U.S.C. 2452.
201 ...........................................
42 U.S.C. 2471 (prior).
202 ...........................................
42 U.S.C. 2472.
203 ...........................................
42 U.S.C. 2473.
204 ...........................................
42 U.S.C. 2474.
205 ...........................................
42 U.S.C. 2475.
206 ...........................................
42 U.S.C. 2476.
207 ...........................................
42 U.S.C. 2476a.
208 ...........................................
42 U.S.C. 2476b.
302 ...........................................
42 U.S.C. 2453.
303 ...........................................
42 U.S.C. 2454.
304(a) ......................................
42 U.S.C. 2455(a).
304(e) ......................................
42 U.S.C. 2456.
304(f) .......................................
42 U.S.C. 2456a.
305 ...........................................
42 U.S.C. 2457.
306 ...........................................
42 U.S.C. 2458.
307 ...........................................
42 U.S.C. 2458a.
308 ...........................................
42 U.S.C. 2458b.
309 ...........................................
42 U.S.C. 2458c.
310 ...........................................
42 U.S.C. 2459.
311 ...........................................
42 U.S.C. 2459b.
312 ...........................................
42 U.S.C. 2459c.
313 ...........................................
42 U.S.C. 2459f.
314 ...........................................
42 U.S.C. 2459f–1.
315 ...........................................
42 U.S.C. 2459j.
316 ...........................................
42 U.S.C. 2459k.
317 ...........................................
42 U.S.C. 2459l.
401 ...........................................
42 U.S.C. 2481.
402 ...........................................
42 U.S.C. 2482.
403 ...........................................
42 U.S.C. 2483.
404 ...........................................
42 U.S.C. 2484.
Act of June 15, 1959 (Public 
Law 86–45) ..............................
4 ...............................................
42 U.S.C. 2460.
National Aeronautics and Space 
Administration Authorization 
Act, 1968 (Public Law 90–67) 
6 ...............................................
42 U.S.C. 2477.
Joint Resolution of September 
29, 1969 (Public Law 91–76) ..
1, 2 ..........................................
42 U.S.C. 2461.
National Aeronautics and Space 
Administration Authorization 
Act, 1978 (Public Law 95–76) 
6 ...............................................
42 U.S.C. 2463.
51 USC note 
prec. 10101. 
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124 STAT. 3445 
PUBLIC LAW 111–314—DEC. 18, 2010 
Schedule of Laws Repealed—Continued 
Act 
Section 
United States Code 
National Aeronautics and Space 
Administration Authorization 
Act, 1983 (Public Law 97– 
324) ..........................................
106(a) ......................................
42 U.S.C. 2464.
National Aeronautics and Space 
Administration Authorization 
Act of 1986 (Public Law 99– 
170) ..........................................
201 ...........................................
42 U.S.C. 2466.
202 ...........................................
42 U.S.C. 2466a.
203 ...........................................
42 U.S.C. 2466b.
204 ...........................................
42 U.S.C. 2466c.
National Space Grant College 
and Fellowship Act (Title II of 
Public Law 100–147) ..............
203 ...........................................
42 U.S.C. 2486a.
204 ...........................................
42 U.S.C. 2486b.
205 ...........................................
42 U.S.C. 2486c.
206 ...........................................
42 U.S.C. 2486d.
207 ...........................................
42 U.S.C. 2486e.
208 ...........................................
42 U.S.C. 2486f.
209 ...........................................
42 U.S.C. 2486g.
210 ...........................................
42 U.S.C. 2486h.
211 ...........................................
42 U.S.C. 2486i.
213 ...........................................
42 U.S.C. 2486k.
214 ...........................................
42 U.S.C. 2486l.
Department of Housing and 
Urban 
Development—Inde-
pendent Agencies Appropria-
tions Act, 1989 (Public Law 
100–404) ..................................
(par. under heading ‘‘Science, 
Space, and Technology 
Education Trust Fund’’, at 
102 Stat. 1028).
42 U.S.C. 2467.
Departments of Veterans Affairs 
and Housing and Urban De-
velopment, and Independent 
Agencies Appropriations Act, 
1990 (Public Law 101–144) ....
(pars. under heading ‘‘Small 
and Disadvantaged 
Business’’, at 103 Stat. 863).
42 U.S.C. 2473b.
National Aeronautics and Space 
Administration Authorization 
Act, Fiscal Year 1991 (Public 
Law 101–611) ..........................
112 ...........................................
42 U.S.C. 2465a.
115(b) ......................................
15 U.S.C. 1535.
123 ...........................................
(not previously classified).
203 ...........................................
42 U.S.C. 2465c.
206 ...........................................
42 U.S.C. 2465f.
Departments of Veterans Affairs 
and Housing and Urban De-
velopment, and Independent 
Agencies Appropriations Act, 
1992 (Public Law 102–139) ....
(1st par. under heading 
‘‘Administrative Provisions’’, 
at 105 Stat. 771).
42 U.S.C. 2459d.
National Aeronautics and Space 
Administration Authorization 
Act, Fiscal Year 1992 (Public 
Law 102–195) ..........................
19 .............................................
42 U.S.C. 2459e.
20 .............................................
42 U.S.C. 2467a.
21(a) ........................................
42 U.S.C. 2473c(a).
21(c) .........................................
42 U.S.C. 2473c(c).
21(d) ........................................
42 U.S.C. 2473c(d).
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124 STAT. 3446 
PUBLIC LAW 111–314—DEC. 18, 2010 
Schedule of Laws Repealed—Continued 
Act 
Section 
United States Code 
21(e) ........................................
42 U.S.C. 2473c(e).
21(f) .........................................
42 U.S.C. 2473c(f).
21(g) ........................................
42 U.S.C. 2473c(g).
21(h) ........................................
42 U.S.C. 2473c(h).
Land Remote Sensing Policy Act 
of 1992 (Public Law 102–555) 
3 ...............................................
15 U.S.C. 5602.
101 ...........................................
15 U.S.C. 5611.
102 ...........................................
15 U.S.C. 5612.
103 ...........................................
15 U.S.C. 5613.
104 ...........................................
15 U.S.C. 5614.
105 ...........................................
15 U.S.C. 5615.
201 ...........................................
15 U.S.C. 5621.
202 ...........................................
15 U.S.C. 5622.
203 ...........................................
15 U.S.C. 5623.
204 ...........................................
15 U.S.C. 5624.
205 ...........................................
15 U.S.C. 5625.
301 ...........................................
15 U.S.C. 5631.
302 ...........................................
15 U.S.C. 5632.
303 ...........................................
15 U.S.C. 5633.
401 ...........................................
15 U.S.C. 5641.
501 ...........................................
15 U.S.C. 5651.
502 ...........................................
15 U.S.C. 5652.
503 ...........................................
15 U.S.C. 5653.
504 ...........................................
15 U.S.C. 5654.
505 ...........................................
15 U.S.C. 5655.
506 ...........................................
15 U.S.C. 5656.
507 ...........................................
15 U.S.C. 5657.
508 ...........................................
15 U.S.C. 5658.
601 ...........................................
15 U.S.C. 5671.
602 ...........................................
15 U.S.C. 5672.
National Aeronautics and Space 
Administration Authorization 
Act, Fiscal Year 1993 (Public 
Law 102–588) ..........................
304 ...........................................
42 U.S.C. 2467b.
502 ...........................................
15 U.S.C. 5802.
504 ...........................................
15 U.S.C. 5803.
506 ...........................................
15 U.S.C. 5805.
507 ...........................................
15 U.S.C. 5806.
508 ...........................................
15 U.S.C. 5807.
510 ...........................................
15 U.S.C. 5808.
602 ...........................................
42 U.S.C. 2487a.
603 ...........................................
42 U.S.C. 2487b.
604 ...........................................
42 U.S.C. 2487c.
606 ...........................................
42 U.S.C. 2487e.
607 ...........................................
42 U.S.C. 2487f.
608 ...........................................
42 U.S.C. 2487g.
Commercial Space Act of 1998 
(Public Law 105–303) .............
2 ...............................................
42 U.S.C. 14701.
101 ...........................................
42 U.S.C. 14711.
104(b) ......................................
42 U.S.C. 14712(b).
105 ...........................................
42 U.S.C. 14713.
106 ...........................................
42 U.S.C. 14714.
107 ...........................................
42 U.S.C. 14715, 15 U.S.C. 
5621, 5622.
201 ...........................................
42 U.S.C. 14731.
202 ...........................................
42 U.S.C. 14732.
204 ...........................................
42 U.S.C. 14733.
205 ...........................................
42 U.S.C. 14734.
206 ...........................................
42 U.S.C. 14735.
Technology Administration Act 
of 1998 (Public Law 105–309) 
8 ...............................................
15 U.S.C. 1511e.
National Aeronautics and Space 
Administration Authorization 
Act of 2000 (Public Law 106– 
391) ..........................................
126 ...........................................
42 U.S.C. 2475a.
301 ...........................................
42 U.S.C. 2459g.
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124 STAT. 3447 
PUBLIC LAW 111–314—DEC. 18, 2010 
Schedule of Laws Repealed—Continued 
Act 
Section 
United States Code 
304 ...........................................
42 U.S.C. 2459h.
305 ...........................................
42 U.S.C. 2475b.
325 ...........................................
42 U.S.C. 2473d.
Commercial Reusable In-Space 
Transportation Act of 2002 
(Title IX of Public Law 107– 
248) ..........................................
903 ...........................................
42 U.S.C. 14752.
904 ...........................................
42 U.S.C. 14753.
Departments of Veterans Affairs 
and Housing and Urban De-
velopment, and Independent 
Agencies Appropriations Act, 
2003 (Division K of Public 
Law 108–7) ..............................
(last par. under heading 
‘‘Administrative Provisions’’, 
at 117 Stat. 520).
42 U.S.C. 2459i.
National Aeronautics and Space 
Administration Authorization 
Act of 2005 (Public Law 109– 
155) ..........................................
101(a) ......................................
42 U.S.C. 16611(a).
101(b) ......................................
42 U.S.C. 16611(b).
101(h)(1) ..................................
42 U.S.C. 16611(h)(1).
101(i) .......................................
42 U.S.C. 16611(i).
103 ...........................................
42 U.S.C. 16613.
105 ...........................................
42 U.S.C. 16614.
107 ...........................................
42 U.S.C. 16615.
110 ...........................................
42 U.S.C. 16618.
202 ...........................................
42 U.S.C. 16631.
203 ...........................................
42 U.S.C. 16632.
204 ...........................................
42 U.S.C. 16633.
205 ...........................................
42 U.S.C. 16634.
301 ...........................................
42 U.S.C. 16651.
304(a) (matter before par. (1)) 
42 U.S.C. 16654(a) (matter 
before par. (1)).
304(a)(2) ..................................
42 U.S.C. 16654(a)(2).
305(2) ......................................
42 U.S.C. 16655(2).
305(3) ......................................
42 U.S.C. 16655(3).
306 ...........................................
42 U.S.C. 16656.
311 ...........................................
42 U.S.C. 16671.
312 ...........................................
42 U.S.C. 16672.
313 ...........................................
42 U.S.C. 16673.
314 ...........................................
42 U.S.C. 16674.
315 ...........................................
42 U.S.C. 16675.
316 ...........................................
42 U.S.C. 16676.
401 ...........................................
42 U.S.C. 16701.
411 ...........................................
42 U.S.C. 16711.
421 ...........................................
42 U.S.C. 16721.
422 ...........................................
42 U.S.C. 16722.
423 ...........................................
42 U.S.C. 16723.
424 ...........................................
42 U.S.C. 16724.
425 ...........................................
42 U.S.C. 16725.
426 ...........................................
42 U.S.C. 16726.
427 ...........................................
42 U.S.C. 16727.
431 ...........................................
42 U.S.C. 16741.
441 ...........................................
42 U.S.C. 16751.
501(a) ......................................
42 U.S.C. 16761(a).
501(b) ......................................
42 U.S.C. 16761(b).
503 ...........................................
42 U.S.C. 16763.
504 ...........................................
42 U.S.C. 16764.
505 ...........................................
42 U.S.C. 16765.
506(1) ......................................
42 U.S.C. 16766(1).
506(2) ......................................
42 U.S.C. 16766(2).
507(a) ......................................
42 U.S.C. 16767(a).
507(b) ......................................
42 U.S.C. 16767(b).
507(d) ......................................
42 U.S.C. 16767(d).
601 ...........................................
42 U.S.C. 16781.
612 ...........................................
42 U.S.C. 16791.
613 ...........................................
42 U.S.C. 16792.
615 ...........................................
42 U.S.C. 16794.
616 ...........................................
42 U.S.C. 16795.
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124 STAT. 3448 
PUBLIC LAW 111–314—DEC. 18, 2010 
Schedule of Laws Repealed—Continued 
Act 
Section 
United States Code 
618 ...........................................
42 U.S.C. 16797.
619(b) ......................................
42 U.S.C. 16798(b).
621 ...........................................
42 U.S.C. 16811.
707 ...........................................
42 U.S.C. 16821.
708 ...........................................
42 U.S.C. 16822.
709 ...........................................
42 U.S.C. 16823.
821 ...........................................
42 U.S.C. 16841.
822 ...........................................
42 U.S.C. 16842.
823 ...........................................
42 U.S.C. 16843.
824 ...........................................
42 U.S.C. 16844.
825 ...........................................
42 U.S.C. 16845.
826 ...........................................
42 U.S.C. 16846.
827 ...........................................
42 U.S.C. 16847.
828 ...........................................
42 U.S.C. 16848.
829 ...........................................
42 U.S.C. 16849.
830 ...........................................
42 U.S.C. 16850.
America COMPETES Act (Pub-
lic Law 110–69) .......................
2001(a) ....................................
42 U.S.C. 16611a(a).
2001(b) ....................................
42 U.S.C. 16611a(b).
2001(c) .....................................
42 U.S.C. 16611a(c).
2001(e) ....................................
42 U.S.C. 16611a(e).
2002(b) ....................................
42 U.S.C. 16712(b).
2003 .........................................
42 U.S.C. 16658.
Science 
Appropriations 
Act, 
2008 (Public Law 110–161, 
div. B, title III) ........................
(7th par. under heading 
‘‘Administrative Provisions’’, 
at 121 Stat. 1919).
42 U.S.C. 16611b.
National Aeronautics and Space 
Administration Authorization 
Act of 2008 (Public Law 110– 
422) ..........................................
201 ...........................................
42 U.S.C. 17711.
204(b) ......................................
42 U.S.C. 17712(b).
204(c) .......................................
42 U.S.C. 17712(c).
204(d) ......................................
42 U.S.C. 17712(d).
206(a) ......................................
42 U.S.C. 17713(a).
208 ...........................................
42 U.S.C. 17714.
302 ...........................................
42 U.S.C. 17721.
303 ...........................................
42 U.S.C. 17722.
304(b) ......................................
42 U.S.C. 17723(b).
304(c) .......................................
42 U.S.C. 17723(c).
307 ...........................................
42 U.S.C. 17724.
403 ...........................................
42 U.S.C. 17731.
404(a) ......................................
42 U.S.C. 17732(a).
404(b) ......................................
42 U.S.C. 17732(b).
405(b) ......................................
42 U.S.C. 17733(b).
407 ...........................................
42 U.S.C. 17734.
501 ...........................................
42 U.S.C. 17741.
502 ...........................................
42 U.S.C. 17742.
601(a) ......................................
42 U.S.C. 17751(a).
602 ...........................................
42 U.S.C. 17752.
704(b) ......................................
42 U.S.C. 17781(b).
704(c) .......................................
42 U.S.C. 17781(c).
801(a) ......................................
42 U.S.C. 17791(a).
803 ...........................................
42 U.S.C. 17793.
804 ...........................................
42 U.S.C. 17794.
805 ...........................................
42 U.S.C. 17795.
902 ...........................................
42 U.S.C. 17801.
1002(a) ....................................
42 U.S.C. 17811(a).
1003(a) ....................................
42 U.S.C. 17812(a).
1102(b) ....................................
42 U.S.C. 17821(b).
1103 .........................................
42 U.S.C. 17822.
1104 .........................................
42 U.S.C. 17823.
1107 .........................................
42 U.S.C. 17824.
1109(c) .....................................
42 U.S.C. 17825(c).
1112 .........................................
42 U.S.C. 17827.
1116 .........................................
42 U.S.C. 17828.
1117 .........................................
42 U.S.C. 17829.
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124 STAT. 3449 
PUBLIC LAW 111–314—DEC. 18, 2010 
LEGISLATIVE HISTORY—H.R. 3237: 
HOUSE REPORTS: No. 111–325 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Jan. 13, considered and passed House. 
Dec. 3, considered and passed Senate. 
Schedule of Laws Repealed—Continued 
Act 
Section 
United States Code 
Science 
Appropriations 
Act, 
2009 (Public Law 111–8, div. 
B, title III ................................
(3d proviso in par. under 
heading ‘‘Cross Agency 
Support’’, at 123 Stat. 589).
42 U.S.C. 16611b note.
Approved December 18, 2010. 
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