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United States Code Annotated

Title 42. The Public Health and Welfare

Chapter 26. National Space Program

2006

FOR EDUCATIONAL USE ONLY

United States Code Annotated Currentness

Title 42. The Public Health and Welfare

Chapter 26. National Space Program

Subchapter I. General Provisions (Refs & Annos)

§ 2451. Congressional declaration of policy and purpose

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

The Congress declares that it is the policy of the United States that activities in space

should be devoted to peaceful purposes for the benefit of all mankind.

(b) Aeronautical and space activities for welfare and security of United States; control

by civilian agency; exceptions

The Congress declares that the general welfare and security of the United States require

that adequate provision be made for aeronautical and space activities. The Congress

further declares that such activities shall be the responsibility of, and shall be directed

by, a civilian agency exercising control over aeronautical and space activities sponsored

by the United States, except that activities peculiar to or primarily associated with the

development of weapons systems, military operations, or the defense of the United

States (including the research and development necessary to make effective provision

for the defense of the United States) shall be the responsibility of, and shall be directed

by, the Department of Defense; and that determination as to which such agency has

responsibility for and direction of any such activity shall be made by the President in

conformity with section 2471(e) of this title.

The Congress declares that the general welfare of the United States requires that the

National Aeronautics and Space Administration (as established by subchapter II of this

chapter) seek and encourage, to the maximum extent possible, the fullest commercial

use of space.

(d) Objectives of aeronautical and space activities

The aeronautical and space activities of the United States shall be conducted so as to

contribute materially to one or more of the following objectives:

(1) The expansion of human knowledge of the Earth and of phenomena in the

atmosphere and space;

(2) The improvement of the usefulness, performance, speed, safety, and efficiency of

aeronautical and space vehicles;

(3) The development and operation of vehicles capable of carrying instruments,

equipment, supplies, and living organisms through space;

(4) The establishment of long-range studies of the potential benefits to be gained from,

the opportunities for, and the problems involved in the utilization of aeronautical and

space activities for peaceful and scientific purposes;

(5) The preservation of the role of the United States as a leader in aeronautical and

space science and technology and in the application thereof to the conduct of peaceful

activities within and outside the atmosphere;

(6) The making available to agencies directly concerned with national defense

of discoveries that have military value or significance, and the furnishing by such

agencies, to the civilian agency established to direct and control nonmilitary

aeronautical and space activities, of information as to discoveries which have value or

significance to that agency;

(7) Cooperation by the United States with other nations and groups of nations in work

done pursuant to this chapter and in the peaceful application of the results thereof;

(8) The most effective utilization of the scientific and engineering resources of the

United States, with close cooperation among all interested agencies of the United States

in order to avoid unnecessary duplication of effort, facilities, and equipment; and

(9) The preservation of the United States preeminent position in aeronautics and space

through research and technology development related to associated manufacturing

processes.

(e) Ground propulsion systems research and development

The Congress declares that the general welfare of the United States requires that the

unique competence in scientific and engineering systems of the National Aeronautics

and Space Administration also be directed toward ground propulsion systems research

and development. Such development shall be conducted so as to contribute to the

objectives of developing energy and petroleum-conserving ground propulsion systems,

and of minimizing the environmental degradation caused by such systems.

(f) Bioengineering research, development, and demonstration programs

The Congress declares that the general welfare of the United States requires that the

unique competence of the National Aeronautics and Space Administration in science and

engineering systems be directed to assisting in bioengineering research, development,

and demonstration programs designed to alleviate and minimize the effects of disability.

(g) The Congress declares that the general welfare and security of the United States

require that the unique competence of the National Aeronautics and Space

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), (b), (c), (d), (e), (f), and (g) of this section.

§ 2452. Definitions

As used in this chapter--

(1) the term "aeronautical and space activities" means (A) research into, and the

solution of, problems of flight within and outside the earth's atmosphere, (B) the

development, construction, testing, and operation for research purposes of aeronautical

and space vehicles, (C) the operation of a space transportation system including the

Space Shuttle, upper stages, space platforms, and related equipment, and (D) such

other activities as may be required for the exploration of space; and

(2) the term "aeronautical and space vehicles" means aircraft, missiles, satellites, and

other space vehicles, manned and unmanned, together with related equipment, devices,

components, and parts.

§ 2453. Transfer of related functions to Administration

(a) Functions of other departments and agencies; transfer of records, etc.

Subject to the provisions of this section, the President, for a period of four years after

July 29, 1958, may transfer to the Administration any functions (including powers,

duties, activities, facilities, and parts of functions) of any other department or agency of

the United States, or of any officer or organizational entity thereof, which relate

primarily to the functions, powers, and duties of the Administration as prescribed by

section 2473 of this title. In connection with any such transfer, the President may,

under this section or other applicable authority, provide for appropriate transfers of

records, property, civilian personnel, and funds.

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

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

transmit to the Speaker of the House of Representatives and the President pro tempore

of the Senate a full and complete report concerning the nature and effect of such

transfer.

After December 31, 1958, no transfer shall be made under this section until (1) a full

and complete report concerning the nature and effect of such proposed transfer has

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

calendar days of regular session of the Congress following the date of receipt of such

report by the Congress has expired without the adoption by the Congress of a

concurrent resolution stating that the Congress does not favor such transfer.

§ 2454. Access to information

(a) Public inspection

Information obtained or developed by the Administrator in the performance of his

functions under this chapter shall be made available for public inspection, except (A)

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

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

(b) of this section: Provided, That nothing in this chapter shall authorize the withholding

of information by the Administrator from the duly authorized committees of the

Congress.

(b) Privileged or confidential information

The Administrator, for a period of up to 5 years after the development of information

that results from activities conducted under an agreement entered into under section

2473(c)(5) and (6) of this title, and that would be a trade secret or commercial or

financial information that is privileged or confidential under the meaning of section

552(b)(4) of Title 5 if the information had been obtained from a non-Federal party

participating in such an agreement, may provide appropriate protections against the

dissemination of such information, including exemption from subchapter II of chapter 5

of Title 5.

§ 2455. Security requirements

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

The Administrator shall establish such security requirements, restrictions, and

safeguards as he deems necessary in the interest of the national security. The

Administrator may arrange with the Director of the Office of Personnel Management for

the conduct of such security or other personnel investigations of the Administration's

officers, employees, and consultants, and its contractors and subcontractors and their

officers and employees, actual or prospective, as he deems appropriate; and if any such

investigation develops any data reflecting that the individual who is the subject thereof

is of questionable loyalty the matter shall be referred to the Federal Bureau of

Investigation for the conduct of a full field investigation, the results of which shall be

furnished to the Administrator.

(b) Access to Restricted Data of Atomic Energy Commission

The Atomic Energy Commission may authorize any of its employees, or employees of

any contractor, prospective contractor, licensee, or prospective licensee of the Atomic

Energy Commission or any other person authorized to have access to Restricted Data by

the Atomic Energy Commission under section 2165(b) of this title, to permit any

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

employee, member of an advisory committee, contractor, subcontractor, or officer or

employee of a contractor or subcontractor of the Administration, to have access to

Restricted Data relating to aeronautical and space activities which is required in the

performance of his duties and so certified by the Council or the Administrator, as the

case may be, but only if (1) the Council or Administrator or designee thereof has

determined, in accordance with the established personnel security procedures and

standards of the Council or Administration, that permitting such individual to have

access to such Restricted Data will not endanger the common defense and security, and

(2) the Council or Administrator or designee thereof finds that the established personnel

and other security procedures and standards of the Council or Administration are

adequate and in reasonable conformity to the standards established by the Atomic

Energy Commission under section 2165 of this title. Any individual granted access to

such Restricted Data pursuant to this subsection may exchange such Data with any

individual who (A) is an officer or employee of the Department of Defense, or any

department or agency thereof, or a member of the armed forces, or a contractor or

subcontractor of any such department, agency, or armed force, or an officer or

employee of any such contractor or subcontractor, and (B) has been authorized to have

access to Restricted Data under the provisions of section 2163 of this title.

§ 2456. Permission to use firearms

The Administrator may direct such of the officers and employees of the Administration

as he deems necessary in the public interest to carry firearms while in the conduct of

their official duties. The Administrator may also authorize such of those employees of

the contractors and subcontractors of the Administration engaged in the protection of

property owned by the United States and located at facilities owned by or contracted to

the United States as he deems necessary in the public interest, to carry firearms while

in the conduct of their official duties.

§ 2456a. Arrest authority

Under regulations to be prescribed by the Administrator and approved by the Attorney

General of the United States, those employees of the Administration and of its

contractors and subcontractors authorized to carry firearms under section 2456 of this

title may arrest without warrant for any offense against the United States committed in

their presence, or for any felony cognizable under the laws of the United States if they

have reasonable grounds to believe that the person to be arrested has committed or is

committing such felony. Persons granted authority to make arrests by this section may

exercise that authority only while guarding and protecting property owned or leased by,

or under the control of, the United States under the administration and control of the

Administration or one of its contractors or subcontractors, at facilities owned by or

contracted to the Administration.

§ 2457. Property rights in inventions

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

Whenever any invention is made in the performance of any work under any contract of

the Administration, and the Administrator determines that--

(1) the person who made the invention was employed or assigned to perform research,

development, or exploration work and the invention is related to the work he was

employed or assigned to perform, or that it was within the scope of his employment

duties, whether or not it was made during working hours, or with a contribution by the

Government of the use of Government facilities, equipment, materials, allocated funds,

information proprietary to the Government, or services of Government employees

during working hours; or

(2) the person who made the invention was not employed or assigned to perform

research, development, or exploration work, but the invention is nevertheless related to

the contract, or to the work or duties he was employed or assigned to perform, and was

made during working hours, or with a contribution from the

Government of the sort referred to in clause (1),

such invention shall be the exclusive property of the United States, and if such invention

is patentable a patent therefor shall be issued to the United States upon application

made by the Administrator, unless the Administrator waives all or any part of the rights

of the United States to such invention in conformity with the provisions of subsection (f)

of this section.

(b) Contract provisions for furnishing reports of inventions, discoveries, improvements,

or innovations

Each contract entered into by the Administrator with any party for the performance of

any work shall contain effective provisions under which such party shall furnish

promptly to the Administrator a written report containing full and complete technical

information concerning any invention, discovery, improvement, or innovation which may

be made in the performance of any such work.

No patent may be issued to any applicant other than the Administrator for any invention

which appears to the Under Secretary of Commerce for Intellectual Property and

Director of the United States Patent and Trademark Office (hereafter in this section

referred to as the "Director") to have significant utility in the conduct of aeronautical

and space activities unless the applicant files with the Director, with the application or

within thirty days after request therefor by the Director, a written statement executed

under oath setting forth the full facts concerning the circumstances under which such

invention was made and stating the relationship (if any) of such invention to the

performance of any work under any contract of the Administration. Copies of each such

statement and the application to which it relates shall be transmitted forthwith by the

Director to the Administrator.

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

determination; review

Upon any application as to which any such statement has been transmitted to the

Administrator, the Director may, if the invention is patentable, issue a patent to the

applicant unless the Administrator, within ninety days after receipt of such application

and statement, requests that such patent be issued to him on behalf of the United

States. If, within such time, the Administrator files such a request with the Director, the

Director shall transmit notice thereof to the applicant, and shall issue such patent to the

Administrator unless the applicant within thirty days after receipt of such notice

requests a hearing before the Board of Patent Appeals and Interferences on the

question whether the Administrator is entitled under this section to receive such patent.

The Board may hear and determine, in accordance with rules and procedures

established for interference cases, the question so presented, and its determination

shall be subject to appeal by the applicant or by the Administrator to the United States

Court of Appeals for the Federal Circuit in accordance with procedures governing

appeals from decisions of the Board of Patent Appeals and Interferences in other

proceedings.

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

determination; review

Whenever any patent has been issued to any applicant in conformity with subsection (d)

of this section, and the Administrator thereafter has reason to believe that the

statement filed by the applicant in connection therewith contained any false

representation of any material fact, the Administrator within five years after the date of

issuance of such patent may file with the Director a request for the transfer to the

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

request shall be transmitted by the Director to the owner of record of such patent, and

title to such patent shall be so transferred to the Administrator unless within thirty days

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

Patent Appeals and Interferences on the question whether any such false representation

was contained in such statement. Such question shall be heard and determined, and

determination thereof shall be subject to review, in the manner prescribed by

subsection (d) of this section for questions arising thereunder. No request made by the

Administrator under this subsection for the transfer of title to any patent, and no

prosecution for the violation of any criminal statute, shall be barred by any failure of the

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

such patent to him, or by any notice previously given by the Administrator stating that

he had no objection to the issuance of such patent to the applicant therefor.

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

Under such regulations in conformity with this subsection as the Administrator shall

prescribe, he may waive all or any part of the rights of the United States under this

section with respect to any invention or class of inventions made or which may be made

by any person or class of persons in the performance of any work required by any

contract of the Administration if the Administrator determines that the interests of the

United States will be served thereby. Any such waiver may be made upon such terms

and under such conditions as the Administrator shall determine to be required for the

protection of the interests of the United States. Each such waiver made with respect to

any invention shall be subject to the reservation by the Administrator of an irrevocable,

nonexclusive, nontransferrable, royalty-free license for the practice of such invention

throughout the world by or on behalf of the United States or any foreign government

pursuant to any treaty or agreement with the United States. Each proposal for any

waiver under this subsection shall be referred to an Inventions and Contributions Board

which shall be established by the Administrator within the Administration. Such Board

shall accord to each interested party an opportunity for hearing, and shall transmit to

the Administrator its findings of fact with respect to such proposal and its

recommendations for action to be taken with respect thereto.

(g) Repealed. Pub.L. 96-517, § 7(b), Dec. 12, 1980, 94 Stat. 3027

(h) Protection of title

The Administrator is authorized to take all suitable and necessary steps to protect any

invention or discovery to which he has title, and to require that contractors or persons

who retain title to inventions or discoveries under this section protect the inventions or

discoveries to which the Administration has or may acquire a license of use.

(i) Administration as defense agency

The Administration shall be considered a defense agency of the United States for the

purpose of chapter 17 of Title 35.

(j) Definitions

As used in this section--

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

institution, or other entity;

(2) the term "contract" means any actual or proposed contract, agreement,

understanding, or other arrangement, and includes any assignment, substitution of

parties, or subcontract executed or entered into thereunder; and

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

first actual reduction to practice of such invention.

(k) Objects intended for launch, launched, or assembled in outer space

Any object intended for launch, launched, or assembled in outer space shall be

considered a vehicle for the purpose of section 272 of Title 35.

(l) Use or manufacture of patented inventions incorporated in space vehicles launched

for persons other than United States

The use or manufacture of any patented invention incorporated in a space vehicle

launched by the United States Government for a person other than the United States

shall not be considered to be a use or manufacture by or for the United States within

the meaning of section 1498(a) of Title 28, unless the Administration gives an express

authorization or consent for such use or manufacture.

§ 2458. Contributions awards

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

Administrator

Subject to the provisions of this section, the Administrator is authorized, upon his own

initiative or upon application of any person, to make a monetary award, in such amount

and upon such terms as he shall determine to be warranted, to any person (as defined

by section 2457 of this title) for any scientific or technical contribution to the

Administration which is determined by the Administrator to have significant value in the

conduct of aeronautical and space activities. Each application made for any such award

shall be referred to the Inventions and Contributions Board established under section

2457 of this title. Such Board shall accord to each such applicant an opportunity for

hearing upon such application, and shall transmit to the Administrator its

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

such contribution. In determining the terms and conditions of any award the

Administrator shall take into account--

(1) the value of the contribution to the United States;

(2) the aggregate amount of any sums which have been expended by the applicant for

the development of such contribution;

(3) the amount of any compensation (other than salary received for services rendered

as an officer or employee of the Government) previously received by the applicant for or

on account of the use of such contribution by the United States; and

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

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

amount; reports to Congressional committees

If more than one applicant under subsection (a) of this section claims an interest in the

same contribution, the Administrator shall ascertain and determine the respective

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

such contribution among such applicants in such proportions as he shall determine to be

equitable. No award may be made under subsection (a) of this section with respect to

any contribution--

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

determine to be effective, all claims which such applicant may have to receive any

compensation (other than the award made under this section) for the use of such

contribution or any element thereof at any time by or on behalf of the United States, or

by or on behalf of any foreign government pursuant to any treaty or agreement with the

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

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

appropriate committees of the Congress a full and complete report concerning the

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

of regular session of the Congress have expired after receipt of such report by such

committees.

§ 2458a. 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, pharmacist, or paramedical or

other supporting personnel (including medical and dental technicians, nursing assistants,

and therapists) of the Administration in the performance of medical, dental, or related

health care functions (including clinical studies and investigations) while acting within

the scope of his duties or employment therein or therefor shall hereafter be exclusive of

any other civil action or proceeding by reason of the same subject matter against such

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

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

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

negligence; service of process

The Attorney General shall defend any civil action or proceeding brought in any court

against any person referred to in subsection (a) of this section (or the estate of such

person) for any such injury. Any such person against whom such civil action or

proceeding is brought shall deliver within such time after date of service or knowledge

of service as determined by the Attorney General, all process served upon such person

or an attested true copy thereof to such person's immediate superior or to whomever

was designated by the Administrator to receive such papers and such person shall

promptly furnish copies of the pleading and process therein to the United States

Attorney for the district embracing the place wherein the proceeding is brought to the

Attorney General and to the Administrator.

Upon a certification by the Attorney General that any person described in subsection (a)

of this section was acting in the scope of such person's duties or employment at the

time of the incident out of which the suit arose, any such civil action or proceeding

commenced in a State court shall be removed without bond at any time before trial by

the Attorney General to the district court of the United States of the district and division

embracing the place 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 United States district court determine on a hearing on a motion to

remand held before a trial on the merits that the case so removed is one in which a

remedy by suit within the meaning of subsection (a) of this section is not available

against the United States, the case shall be remanded to the State court.

(d) Compromise or settlement of claims

The Attorney General may compromise or settle any claim asserted in such civil action

or proceeding in the manner provided in section 2677 of Title 28, and with the same

effect.

(e) Applicability of other provisions of law

For purposes of this section, the provisions of section 2680(h) of Title 28, shall not

apply to any cause of action arising out of a negligent or wrongful act of omission in the

performance of medical, dental, or related health care functions (including clinical

studies and investigations).

(f) Liability insurance for persons assigned to foreign countries or non-Federal agencies

The Administrator or his designee may, to the extent that the Administrator or his

designee deem appropriate, hold harmless or provide liability insurance for any person

described in subsection (a) of this section for damages for personal injury, including

death, caused by such person's negligent or wrongful act or omission in the

performance of medical, dental, or related health care functions (including clinical

studies and investigations) while acting within the scope of such person's duties if such

person is assigned to a foreign country or detailed for service with other than a Federal

department, agency, or instrumentality or if the circumstances are such as are likely to

preclude the remedies of third persons against the United States described in section

2679(b) of Title 28, for such damage or injury.

§ 2458b. Insurance and indemnification

(a) Authorization

The Administration is authorized on such terms and to the extent it may deem

appropriate to provide liability insurance for any user of a space vehicle to compensate

all or a portion of claims by third parties for death, bodily injury, or loss of or damage to

property resulting from activities carried on in connection with the launch, operations or

recovery of the space vehicle. Appropriations available to the Administration may be

used to acquire such insurance, but such appropriations shall be reimbursed to the

maximum extent practicable by the users under reimbursement policies established

pursuant to section 2473(c) of this title.

(b) Indemnification

Under such regulations in conformity with this section as the Administrator shall

prescribe taking into account the availability, cost and terms of liability insurance, any

agreement between the Administration and a user of a space vehicle may provide that

the United States will indemnify the user against claims (including reasonable expenses

of litigation or settlement) by third parties for death, bodily injury, or loss of or damage

to property resulting from activities carried on in connection with the launch, operations

or recovery of the space vehicle, but only to the extent that such claims are not

compensated by liability insurance of the user: Provided, That such indemnification may

be limited to claims resulting from other than the actual negligence or willful misconduct

of the user.

defense

An agreement made under subsection (b) of this section that provides indemnification

must also provide for--

(1) notice to the United States of any claim or suit against the user for the death,

bodily injury, or loss of or damage to the property; and

(2) control of or assistance in the defense by the United States, at its election, of that

suit or claim.

(d) Certification of just and reasonable amount

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

or his designee certifies that the amount is just and reasonable.

(e) Payments

Upon the approval by the Administrator, payments under subsection (b) of this section

may be made, at the Administrator's election, either from funds available for research

and development not otherwise obligated or from funds appropriated for such payments.

(f) Definitions

As used in this section--

(1) the term "space vehicle" means an object intended for launch, launched or

assembled in outer space, including the Space Shuttle and other components of a space

transportation system, together with related equipment, devices, components and

parts;

(2) the term "user" includes anyone who enters into an agreement with the

Administration for use of all or a portion of a space vehicle, who owns or provides

property to be flown on a space vehicle, or who employs a person to be flown on a

space vehicle; and

(3) the term "third party" means any person who may institute a claim against a user

for death, bodily injury or loss of or damage to property.

§ 2458c. Experimental aerospace vehicle

(a) In general

The Administrator may provide liability insurance for, or indemnification to, the

developer of an experimental aerospace vehicle developed or used in execution of an

agreement between the Administration and the developer.

(b) Terms and conditions

(1) In general

Except as otherwise provided in this section, the insurance and indemnification provided

by the Administration under subsection (a) of this section to a developer shall be

provided on the same terms and conditions as insurance and indemnification is provided

by the Administration under section 2458b of

this title to the user of a space vehicle.

(2) Insurance

(A) In general

A developer shall obtain liability insurance or demonstrate financial responsibility in

amounts to compensate for the maximum probable loss from claims by--

(i) a third party for death, bodily injury, or property damage, or loss resulting from an

activity carried out in connection with the development or use of an experimental

aerospace vehicle; and

(ii) the United States Government for damage or loss to Government property resulting

from such an activity.

(B) Maximum required

The Administrator shall determine the amount of insurance required, but, except as

provided in subparagraph (C), that amount shall not be greater than the

amount required under section 70112(a)(3) of Title 49 for a launch. The Administrator

shall publish notice of the Administrator's determination and the applicable amount or

amounts in the Federal Register within 10 days after making the determination.

The Administrator may increase the dollar amounts set forth in section 70112(a)(3)(A)

of Title 49 for the purpose of applying that section under this section to a developer

after consultation with the Comptroller General and such experts and consultants as

may be appropriate, and after publishing notice of the increase in the Federal Register

not less than 180 days before the increase goes into effect. The Administrator shall

make available for public inspection, not later than the date of publication of such notice,

a complete record of any correspondence received by the Administration, and a

transcript of any meetings in which the Administration participated, regarding the

proposed increase.

(D) Safety review required before administrator provides insurance

The Administrator may not provide liability insurance or indemnification under

subsection (a) of this section unless the developer establishes to the satisfaction of the

Administrator that appropriate safety procedures and practices are being followed in the

development of the experimental aerospace vehicle.

(3) No indemnification without cross-waiver

Notwithstanding subsection (a) of this section, the Administrator may not indemnify a

developer of an experimental aerospace vehicle under this section unless there is an

agreement between the Administration and the developer described in subsection (c) of

this section.

(4) Application of certain procedures

If the Administrator requests additional appropriations to make payments under this

section, like the payments that may be made under section 2458(b) of this title, then

the request for those appropriations shall be made in accordance with the procedures

established by subsections (d) and (e) of section 70113 of Title 49.

(1) Administrator authorized to waive

The Administrator, on behalf of the United States, and its departments, agencies, and

instrumentalities, may reciprocally waive claims with a developer or cooperating party

and with the related entities of that developer or cooperating party under which each

party to the waiver agrees to be responsible, and agrees to ensure that its own related

entities are responsible, for damage or loss to its property for which it is responsible, or

for losses resulting from any injury or death sustained by its own employees or agents,

as a result of activities connected to the agreement or use of the experimental

aerospace vehicle.

(2) Limitations

(A) Claims

A reciprocal waiver under paragraph (1) may not preclude a claim by any natural

person (including, but not limited to, a natural person who is an employee of the United

States, the developer, the cooperating party, or their respective subcontractors) or that

natural person's estate, survivors, or subrogees for injury or death, except with respect

to a subrogee that is a party to the waiver or has otherwise agreed to be bound by the

terms of the waiver.

(B) Liability for negligence

A reciprocal waiver under paragraph (1) may not absolve any party of liability to any

natural person (including, but not limited to, a natural person who is an employee of the

United States, the developer, the cooperating party, or their respective subcontractors)

or such a natural person's estate, survivors, or subrogees for negligence, except with

respect to a subrogee that is a party to the waiver or has otherwise agreed to be bound

by the terms of the waiver.

A reciprocal waiver under paragraph (1) may not be used as the basis of a claim by the

Administration, or the developer or cooperating party, for indemnification against the

other for damages paid to a natural person, or that

natural person's estate, survivors, or subrogees, for injury or death sustained by that

natural person as a result of activities connected to the agreement or use of the

experimental aerospace vehicle.

(D) Willful misconduct

A reciprocal waiver under paragraph (1) may not relieve the United States, the

developer, the cooperating party, or the related entities of the developer or cooperating

party, of liability for damage or loss resulting from willful misconduct.

(3) Effect on previous waivers

Subsection (c) of this section applies to any waiver of claims entered into by the

Administration without regard to whether it was entered into before, on, or after

October 20, 1999.

(d) Definitions

In this section:

(1) Cooperating party

The term "cooperating party" means any person who enters into an agreement with the

Administration for the performance of cooperative scientific, aeronautical, or space

activities to carry out the purposes of this chapter.

(2) Developer

The term "developer" means a United States person (other than a natural person) who-

(A) is a party to an agreement with the Administration for the purpose of developing

new technology for an experimental aerospace vehicle;

(B) owns or provides property to be flown or situated on that vehicle; or

(3) Experimental aerospace vehicle

The term "experimental aerospace vehicle" means an object intended to be flown

in, or launched into, orbital or suborbital flight for the purpose of demonstrating

technologies necessary for a reusable launch vehicle, developed under an agreement

between the Administration and a developer.

(4) Related entity

The term "related entity" includes a contractor or subcontractor at any tier, a supplier, a

grantee, and an investigator or detailee.

(e) Relationship to other laws

(1) Section 2458b

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

2458b of this title applies.

(2) Chapter 701 of Title 49

The Administrator may not provide indemnification to a developer under this

section for launches subject to license under section 70117(g)(1) of Title 49.

(f) Termination

(1) In general

The provisions of this section shall terminate on December 31, 2010.

(2) Effect of termination on agreement

The termination of this section shall not terminate or otherwise affect any cross-waiver

agreement, insurance agreement, indemnification agreement, or other agreement

entered into under this section, except as may be provided in that agreement.

§ 2459. Appropriations

(a) Authorization; limitations for uses of capital nature

There are authorized to be appropriated such sums as may be necessary to carry out

this chapter, except that nothing in this chapter shall authorize the appropriation of any

amount for (1) the acquisition or condemnation of any real property, or (2) any other

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

which exceeds $250,000. Sums appropriated pursuant to this subsection for the

construction of facilities, or for research and development activities, shall remain

available until expended.

(b) Use of funds for emergency repairs of existing facilities

Any funds appropriated for the construction of facilities may be used for emergency

repairs of existing facilities when such existing facilities are made inoperative by major

breakdown, accident, or other circumstances and such repairs are deemed by the

Administrator to be of greater urgency than the construction of new facilities.

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.

§ 2459a. Availability of appropriated amounts

Appropriations authorized under this Act for "Research and Development", for "Space

Flight, Control, and Data Communications", or for "Construction of Facilities" may

remain available until expended. Contracts may be entered into under "Inspector

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

costs associated with personnel relocation and for other services provided during the

fiscal year following the fiscal year in which funds are appropriated.

§ 2459b. Misuse of agency name and initials; authority of Attorney General to

enjoin

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

words "National Aeronautics and Space Administration" or the letters "NASA", or any

combination, variation, or colorable imitation of those words or letters either alone or in

combination with other words or letters, as a firm or business name in a manner

reasonably calculated to convey the impression that such firm or business has some

connection with, endorsement of, or authorization from, the National Aeronautics and

Space Administration which does not, in fact, exist; or (2) knowingly use those words or

letters or any combination, variation, or colorable imitation thereof either alone or in

combination with other words or letters in connection with any product or service being

offered or made available to the public in a manner reasonably calculated to convey the

impression that such product or service has the authorization, support, sponsorship, or

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

National Aeronautics and Space Administration which does not, in fact, exist.

(b) Whenever it appears to the Attorney General that any person is engaged in an act

or practice which constitutes or will constitute conduct prohibited by subsection (a) of

this section, the Attorney General may initiate a civil proceeding in a district court of the

United States to enjoin such act or practice.

§ 2459c. Contracts regarding expendable launch vehicles

(a) Availability of funds

The Administrator may enter into contracts for expendabe [FN1] launch vehicle services

that are for periods in excess of the period for which funds are otherwise available for

obligation, provide for the payment for contingent liability which may accrue in excess

of available appropriations in the event the Government for its convenience terminates

such contracts, and provide for advance payments reasonably related to launch vehicle

and related equipment, fabrication, and acquisition costs, if any such contract limits the

amount of the payments that the Federal Government is allowed to make under such

contract to amounts provided in advance in appropriation Acts. Such contracts may be

limited to sources within the United States when the Administrator determines that such

limitation is in the public interest.

(b) Termination of contract

If funds are not available to continue any such contract, the contract shall be

terminated for the convenience of the Government, and the costs of such contract shall

be paid from appropriations originally available for performance of the contract, from

other, unobligated appropriations currently available for the procurement of launch

services, or from funds appropriated for such payments.

[FN1] So in original. Probably should be "expendable".

§ 2459d. Prohibition of grant or contract providing guaranteed customer base

for new commercial space hardware or services

No amount appropriated to the National Aeronautics and Space Administration in this or

any other Act with respect to any fiscal year may be used to fund grants, contracts or

other agreements with an expected duration of more than one year, when a primary

effect of the grant, contract, or agreement is to provide a guaranteed customer base for

or establish an anchor tenancy in new commercial space hardware or services unless an

appropriations Act specifies the new commercial space hardware or services to be

developed or used, or the grant, contract, or agreement is otherwise identified in such

Act.

§ 2459e. Quality assurance personnel

(a) Exclusion of NASA personnel

A person providing articles to the National Aeronautics and Space Administration under

a contract entered into after December 9, 1991, may not exclude National Aeronautics

and Space Administration quality assurance personnel from work sites except as

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

(b) Contract provisions

The National Aeronautics and Space Administration shall not enter into any contract

which permits the exclusion of National Aeronautics and Space Administration quality

assurance personnel from work sites unless the Administrator has submitted a copy of

the provision permitting such exclusion to the Congress at least 60 days before entering

into such contract.

§ 2459f. Full cost appropriations account structure

(a)(1) [FN1] Appropriations for the Administration for fiscal year 2007 and thereafter

shall be made in three accounts, "Science, Aeronautics, and Education", "Exploration

Systems and Space Operations", and an account for amounts appropriated for the

necessary expenses of the Office of the Inspector General.

(2) 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) of this section.

(3) Appropriations shall remain available for two fiscal years, unless otherwise specified

in law. Each account shall include the planned full costs of Administration activities.

(b) Transfers among accounts

(1) To ensure the safe, timely, and successful accomplishment of Administration

missions, the Administration may transfer amounts for Federal salaries and benefits;

training, travel and awards; facility and related costs; information technology services;

publishing services; science, engineering, fabricating and testing services; and other

administrative services among accounts, as necessary.

(2) 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 5122

of this title) or by an act of terrorism, or for the immediate costs associated with an

emergency rescue of astronauts.

activities authorized under this chapter may be transferred to the new account

established for such activity in subsection (a) of this section. Balances so transferred

may be merged with funds in the newly established account and thereafter may be

accounted for as one fund under the same terms and conditions.

[FN1] So in original. No subheading provided.

§ 2459f-1. 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 demonstration that have the potential for application to the performance of

the space and aeronautical activities of the Administration. The Administration may

carry out a 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 widely advertise prize competitions to encourage participation.

(d) Requirements and registration

For each prize competition, the Administrator shall publish a notice in the Federal

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) of this section;

(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) 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

competition, 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) 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 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) of this section, shall assemble a panel of qualified judges to select the

winner or winners of the prize competition on the basis described pursuant to

subsection (d) of this section. Judges for each competition shall include individuals from

outside the Administration, including from the private sector. A judge may not--

(1) have personal or financial interests in, or be an employee, officer, director, or agent

of any entity that is a registered participant in a competition; or

(2) have a familial or financial relationship with an individual who is a registered

participant.

(h) Administering the competition

The Administrator may enter into an agreement with a private, nonprofit entity to

administer the prize competition, subject to the provisions of this section.

(i) Funding

(1) Prizes under this section may consist of Federal 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) 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 purposes only after the expiration of 10 fiscal

years after the fiscal year for which the funds were originally appropriated. No provision

in this section permits obligation or payment of funds in violation of the Anti-Deficiency

Act (31 U.S.C. 1341).

(3) No prize may be announced under subsection (d) of this section 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. The Administrator may increase the amount of

a prize after an initial announcement is made under subsection (d) of this section if--

(A) notice of the increase is provided in the same manner as the initial notice of the

prize; and

(B) the funds needed to pay out the announced amount of the increase have been

appropriated or committed in writing by a private source.

(4) No prize competition under this section may offer a prize in an amount greater than

$10,000,000 unless 30 days have elapsed after written notice has been transmitted to

the Committee on Science of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate.

(5) 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 NASA name and 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.

§ 2459g. Requirement for independent cost analysis

(a) 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 for the National

Aeronautics and Space Administration shall conduct and consider an independent life-

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

developing cost accounting and reporting standards for carrying out this section, the

Administrator shall, to the extent practicable and consistent with other laws, solicit the

advice of expertise outside of the National Aeronautics and Space Administration.

(b) Implementation defined

In this section, the term "implementation" means all activity in the life cycle of a project

after preliminary design, independent assessment of the preliminary design, and

approval to proceed into implementation, including critical design, development,

certification, launch, operations, disposal of assets, and, for technology programs,

development, testing, analysis, and communication of the results.

§ 2459h. Cost effectiveness calculations

Except as otherwise required by law, in calculating the cost effectiveness of the cost of

the National Aeronautics and Space Administration engaging in an activity as compared

to a commercial provider, the Administrator shall compare the cost of the National

Aeronautics and Space Administration engaging in the activity using full cost accounting

principles with the price the commercial provider will charge for such activity.

§ 2459i. Working capital fund [FN1]

There is hereby established in the United States Treasury a National Aeronautics and

Space Administration working capital fund. Amounts in the fund are available for

financing activities, services, equipment, information, and facilities as authorized by law

to be provided within the Administration; to other agencies or instrumentalities of the

United States; to any State, Territory, or possession or political subdivision thereof; to

other public or private agencies; or to any person, firm, association, corporation, or

educational institution on a reimbursable basis. The fund shall also be available for the

purpose of funding capital repairs, renovations, rehabilitation, sustainment, demolition,

or replacement of NASA real property, on a reimbursable basis within the Administration.

Amounts in the fund are available without regard to fiscal year limitation. The capital of

the fund consists of amounts appropriated to the fund; the reasonable value of stocks of

supplies, equipment, and other assets and inventories on order that the Administrator

transfers to the fund, less the related liabilities and unpaid obligations; and payments

received for loss or damage to property of the fund. 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.

[FN1] Section nameline editorially supplied.

§ 2459j. Enhanced-use lease of real property demonstration

(a) In general

Notwithstanding any other provision of law, 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

real property under the jurisdiction of the Administrator at no more than two (2)

National Aeronautics and Space Administration (NASA) centers.

(b) Consideration

(1) A person or entity entering into a lease under this section shall provide

consideration for the lease at fair market value as determined by the Administrator,

except that in the case of a lease to another department or agency of the Federal

Government, that department or agency shall provide

consideration for the lease equal to the full costs to NASA in connection with the lease.

(2) Consideration under this subsection may take one or a combination of the following

forms--

(A) the payment of cash;

(B) the maintenance, construction, modification or improvement of facilities on real

property under the jurisdiction of the Administrator;

services; or

(D) use by NASA of facilities on the property.

(3)(A) The Administrator may utilize amounts of cash consideration received under this

subsection for a lease entered into under this section to cover the full costs to NASA in

connection with the lease. These funds shall remain available until expended.

(B) Any amounts of cash consideration received under this subsection that are not

utilized in accordance with subparagraph (A) 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 of the centers

selected for this demonstration program, and shall remain available until expended.

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 NASA is in addition to any other

authority to lease property of NASA under law.

(e) Lease restrictions

NASA 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.

(f) Plan and reporting requirements

At least 15 days prior to the Administrator entering into the first lease under this section,

the Administrator shall submit a plan to the Congress on NASA's proposed

implementation of this demonstration. The Administrator shall submit an annual report

by January 31st of each year regarding the status of the demonstration.

§ 2459k. Retrocession of jurisdiction

(a) 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.

(b) For purposes of this section, the term "State" means any of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,

Guam, American Samoa, the Northern Mariana Islands, and any other commonwealth,

territory, or possession of the United States.

§ 2459l. Recovery and disposition authority

(a) In general

(1) Control of remains

Subject to paragraphs (2) and (3), when there is an accident or mishap resulting in the

death of a crewmember of a NASA 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 his or her preferences regarding

the treatment accorded to his or her remains and the Administrator shall, to the extent

possible, respect those stated preferences.

(3) Construction

This section shall not be construed to permit the Administrator to interfere with any

Federal investigation of a mishap or accident.

(b) Definitions

In this section:

(1) Crewmember

The term "crewmember" means an astronaut or other person assigned to a NASA

human space flight vehicle.

(2) NASA human space flight vehicle

The term "NASA human space flight vehicle" means a space vehicle, as defined in

section 2458b(f)(1) of this title, that

(A) is intended to transport 1 or more persons;

(B) is designed to operate in outer space; and

operated as part of a NASA mission or a joint mission with NASA.

§ 2460. Appropriations; prior authorization by Congress

Notwithstanding the provisions of any other law, no appropriation may be made to the

National Aeronautics and Space Administration unless previously authorized by

legislation hereafter enacted by the Congress.

§ 2461. Congressional Space Medal of Honor; appropriations

The President may award, and present in the name of Congress, a medal of appropriate

design, which shall be known as the Congressional Space Medal of Honor, to any

astronaut who in the performance of his duties has distinguished himself by

exceptionally meritorious efforts and contributions to the welfare of the Nation and of

mankind.

There is authorized to be appropriated from time to time such sums of money as may

be necessary to carry out the purposes of this section.

§ 2462. Repealed. Pub.L. 97-96, § 8, Dec. 21, 1981, 95 Stat. 1211

§ 2463. Tracking and data relay satellite services; report to Congressional

committees; authorization to contract

The National Aeronautics and Space Administration is authorized, when so provided in

an appropriation Act, to enter into and to maintain a contract for tracking and data relay

satellite services. Such services shall be furnished to the National Aeronautics and

Space Administration in accordance with applicable authorization and appropriations

Acts. The Government shall incur no costs under such contract prior to the furnishing of

such services except that the contract may provide for the payment for contingent

liability of the Government which may accrue in the event the Government should

decide for its convenience to terminate the contract before the end of the period of the

contract. Facilities which may be required in the performance of the contract may be

constructed on Government-owned lands if there is included in the contract a provision

under which the Government may acquire title to the facilities, under terms and

conditions agreed upon in the contract, upon termination of the contract.

The Administrator shall in January of each year report to the Committee on Science,

Space, and Technology and the Committee on Appropriations of the House of

Representatives and the Committee on Commerce, Science, and Transportation and the

Committee on Appropriations of the Senate the projected aggregate contingent liability

of the Government under termination provisions of any contract authorized in this

section through the next fiscal year. The authority of the National Aeronautics and

Space Administration to enter into and to maintain the contract authorized hereunder

shall remain in effect unless repealed by legislation enacted by the Congress after July

30, 1977.

§ 2464. 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 of the National Aeronautics and Space Administration shall charge such

prices as necessary to recover the fair value of placing Department of Defense payloads

into orbit by means of the Space Shuttle.

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

against space shuttle launches

The Secretary of Defense and the Administrator of the National Aeronautics and Space

Administration will jointly determine which payloads will be launched on Titan II launch

vehicles and certify by notice to the Congress that such launches are cost effective as

compared to launches by the space shuttle and do not diminish the efficient and

effective utilization of the space shuttle capability: Provided, That this section may be

waived only upon certification by the Secretary of Defense that certain classified

payloads must be launched on the Titan II launch vehicle as opposed to the space

shuttle, for national security reasons.

§ 2465. Repealed. Pub.L. 105-362, Title XI, § 1101(f), Nov. 10, 1998, 112 Stat.

3292

§ 2465a. Space Shuttle use policy

(a) Use policy

(1) It shall be the policy of the United States to use the Space Shuttle for purposes that

(i) require the presence of man, (ii) require the unique capabilities of the Space Shuttle

or (iii) when other compelling circumstances exist.

(2) The term "compelling circumstances" includes, but is not limited to, occasions when

the Administrator determines, in consultation with the Secretary of Defense and the

Secretary of State, that important national security or foreign policy interests would be

served by a Shuttle launch.

(3) The policy stated in subsection (a)(1) of this section shall not preclude the use of

available cargo space, on a Space Shuttle mission otherwise consistent with the policy

described under subsection (a)(1) of this section, for the purpose of carrying secondary

payloads (as defined by the Administrator) that do not require the presence of man if

such payloads are consistent with the requirements of research, development,

demonstration, scientific, commercial, and educational programs authorized by the

Administrator.

(b) Implementation plan

The Administrator shall, within six months after November 16, 1990, submit a report to

the Congress setting forth a plan for the implementation of the policy described in

subsection (a)(1) of this section. Such plan shall include--

(1) details of the implementation plan;

(2) a list of purposes that meet such policy;

(3) a proposed schedule for the implementation of such policy;

(4) an estimate of the costs to the United States of implementing such policy;

and

(5) a process for informing the Congress in a timely and regular manner of how the

plan is being implemented.

At least annually, the Administrator shall submit to the Congress a report certifying that

the payloads scheduled to be launched on the space shuttle for the next four years are

consistent with the policy set forth in subsection (a)(1) of this section. For each payload

scheduled to be launched from the space shuttle, which do not require the presence of

man, the Administrator shall, in the certified report to Congress, state the specific

circumstances which justified the use of the space shuttle. If, during the period between

scheduled reports to the Congress, any additions are made to the list of certified

payloads intended to be launched from the Shuttle, the Administrator shall inform the

Congress of the additions and the reasons therefor within 45 days of the change.

(d) NASA payloads

The report described in subsection (c) of this section shall also include those National

Aeronautics and Space Administration payloads designed solely to fly on the space

shuttle which have begun the phase C/D of its development cycle.

§ 2465b. Repealed. Pub.L. 105-303, Title II, § 203(1), Oct. 28, 1998, 112 Stat.

2855

§ 2465c. Definitions

For the purposes of sections 2465b to 2465f of this title--

(1) the term "launch vehicle" means any vehicle constructed for the purpose of

operating in, or placing a payload in, outer space; and

(2) the term "payload" means an object which a person undertakes to place in outer

space by means of a launch vehicle, and includes subcomponents of the launch vehicle

specifically designed or adapted for that object.

§§ 2465d, 2465e. Repealed. Pub.L. 105-303, Title II, § 203(3), Oct. 28, 1998,

112 Stat. 2855

§§ 2465d, 2465e. Repealed. Pub.L. 105-303, Title II, § 203(3), Oct. 28, 1998,

112 Stat. 2855

§ 2465f. Other activities of National Aeronautics and Space Administration

Commercial payloads may not be accepted for launch as primary payloads on the space

shuttle unless the Administrator of the National Aeronautics and Space Administration

determines that--

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

(2) launching of the payload on the space shuttle is important for either national

security or foreign policy purposes.

§ 2466. Shuttle pricing policy; Congressional findings and declaration of

purpose

The Congress finds and declares that--

(1) the Space Transportation System is a vital element of the United States space

program, contributing to the United States leadership in space research, technology,

and development;

(2) the Space Transportation System is the primary space launch system for both

United States national security and civil government missions;

(3) the Space Transportation System contributes to the expansion of United States

private sector investment and involvement in space and therefore should serve

commercial users;

(4) the availability of the Space Transportation System to foreign users for peaceful

purposes is an important means of promoting international cooperative activities in the

national interest and in maintaining access to space for activities which enhance the

security and welfare of mankind;

(5) the United States is committed to maintaining world leadership in space

transportation;

(6) making the Space Transportation System fully operational and cost effective in

providing routine access to space will maximize the national economic benefits of the

system; and

(7) national goals and the objectives for the Space Transportation System can be

furthered by a stable and fair pricing policy for the Space Transportation System.

§ 2466a. Goals

The purpose of sections 2466 to 2466c of this title is to set the reimbursement pricing

policy for the Space Transportation System for commercial and foreign users which is

consistent with the findings included in section 2466 of this title, encourages the full and

effective use of space, and is designed to achieve the following goals--

(1) the preservation of the role of the United States as a leader in space research,

technology, and development;

(2) the efficient and cost effective use of the Space Transportation System;

(3) the achievement of greatly increased commercial space activity; and

(4) the enhancement of the international competitive position of the United States.

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

For purposes of sections 2466 to 2466c of this title, the term--

(1) "Administrator" means the Administrator of the National Aeronautics and Space

Administration; and

(2) "additive cost" means the average direct and indirect costs to the National

Aeronautics and Space Administration of providing additional flights of the Space

Transportation System beyond the costs associated with those flights necessary to meet

the space transportation needs of the United States Government.

§ 2466c. Duties of Administrator

(a) Establishment and implementation of reimbursement recovery system; base price

The Administrator shall establish and implement a pricing system to recover

reimbursement in accordance with the pricing policy under section 2466a of this title

from each commercial or foreign user of the Space Transportation System, which except

as provided in subsections (c), (d), and (e) of this section shall include a base price of

not less than $74,000,000 for each flight of the Space Transportation System in 1982

dollars.

(b) Reports to Congressional committees

Each year the Administrator shall submit to the President of the Senate, the Speaker of

the House of Representatives, the Committee on Commerce, Science, and

Transportation of the Senate, and the Committee on Science, Space, and Technology of

the House of Representatives, a report, transmitted contemporaneously with the annual

budget request of the President, which shall inform the Congress how the policy goals

contained in section 2466a of this title are being furthered by the shuttle price for

foreign and commercial users.

(1) If at any time the Administrator finds that the policy goals contained in section

2466a of this title are not being achieved, the Administrator shall have authority to

reduce the base price established in subsection (a) of this section after forty-five days

following receipt by the President of the Senate, the Speaker of the House, the

Committee on Commerce, Science, and Transportation of the Senate, and the

Committee on Science, Space, and Technology of the House of Representatives of a

notice by the Administrator containing a description of the proposed reduction together

with a full and complete statement of the facts and circumstances which necessitate

such proposed reduction.

(2) In no case shall the minimum price established under subsection (c)(1) of this

section be less than additive cost.

(d) Lower-priced or no-cost flights for users involved in research, etc., with Space

Administration

The Administrator may set a price lower than the price determined under subsection (a)

or (c) of this section, or provide no-cost flights, for any commercial or foreign user of

the Space Transportation System who is involved in research, development or

demonstration programs with the National Aeronautics and Space Administration.

(e) Customer incentives

Notwithstanding the provisions of subsection (a) of this section, the Administrator shall

have the authority to offer reasonable customer incentives consistent with the policy

goals in section 2466a of this title.

§ 2467. Science, Space, and Technology Education Trust Fund; annual report to

Congress

There is appropriated, by transfer from funds appropriated in this Act for "Construction

of facilities", the sum of $15,000,000 to the "Science, Space, and Technology Education

Trust Fund" which is hereby established in the Treasury of the United States: Provided,

That the Secretary shall invest such funds in the United States Treasury special issue

securities, that such interest shall be credited to the Trust Fund on a quarterly basis,

and that such interest shall be available for the purpose of making grants for programs

directed at improving science, space, and technology education in the United States:

Provided further,

That the Administrator of the National Aeronautics and Space

Administration, after consultation with the Director of the National Science Foundation,

shall review applications made for such grants and determine the distribution of such

available funds on a competitive basis: Provided further, That such grants shall be made

available to any awardee only to the extent that said awardee provides matching funds

from non-Federal sources to carry out the program for which grants from this Trust

Fund are made: Provided further, That of the funds made available by this Trust Fund,

$250,000 shall be disbursed each calendar quarter hereafter to the Challenger Center

for Space Science Education: Provided further, That the Administrator of the National

Aeronautics and Space Administration shall submit to the Congress an annual report on

the grants made pursuant to this paragraph.

§ 2467a. 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 Shuttle Challenger, a trust fund to be known as the "National

Aeronautics and Space Administration Endeavor Teacher Fellowship Trust Fund"

(hereafter in this section referred to as the "Trust Fund"). The Trust Fund shall consist

of gifts and donations accepted by the National Aeronautics and Space Administration

pursuant to section 2476b of this title, as well as other amounts which may from time to

time, at the discretion of the Administrator, be transferred from the National

Aeronautics and Space Administration Gifts and Donations Trust Fund.

(b) Investment of Trust Fund

The Administrator shall direct the Secretary of the Treasury to invest and reinvest funds

in the Trust Fund in public debt securities with maturities suitable for the needs of the

Trust Fund, and bearing interest at rates determined by the Secretary of the Treasury,

taking into consideration the current average market yield on outstanding marketable

obligations of the United States of comparable maturities. Interest earned shall be

credited to the Trust Fund.

Income accruing from the Trust Fund principal shall be used to create the National

Aeronautics and Space Administration Endeavor Teacher Fellowship Program, to the

extent provided in advance in appropriation Acts. The Administrator is authorized to use

such funds to award fellowships to selected United States nationals who are

undergraduate students pursuing a course of study leading to certified teaching degrees

in elementary education or in secondary education in mathematics, science, or

technology disciplines. Awards shall be made pursuant to standards established for the

fellowship program by the Administrator.

§ 2467b. Requirements

(a) Competition

Making use of the existing infrastructure established in eligible States by the National

Science Foundation, the Administrator shall conduct a merit grant competition among

the eligible States in areas of research important to the mission of the National

Aeronautics and Space Administration. With respect to a grant application by an eligible

State, the Administrator shall consider--

(1) the application's merit and relevance to the mission of the National Aeronautics and

Space Administration;

(2) the potential for the grant to serve as a catalyst to enhance the ability of

researchers in the State to become more competitive for regular National Aeronautics

and Space Administration funding;

(3) the potential for the grant to improve the environment for science, mathematics,

and engineering education in the State; and

(4) the need to assure the maximum distribution of grants among eligible

States, consistent with merit.

(b) Supplemental grants

The Administrator shall endeavor, where appropriate, to supplement grants made under

subsection (a) of this section with such grants for fellowships, traineeships, equipment,

or instrumentation as are available.

In this section, the term "eligible State" means a State designated by the Administrator

as eligible to compete in the Foundation's Experimental Program to Stimulate

Competitive Research.

Subchapter II. Coordination of Aeronautical and
Space Activities

§ 2471. National Space Council

(a) Establishment; chairperson

Effective February 1, 1989, there is established in the Executive Office of the President

the National Space Council, which shall be chaired by the Vice President.

(b) Report to Congress on composition and functions

By March 1, 1989, the President shall submit to the Congress a report that outlines the

composition and functions of the National Space Council.

The Council may employ a staff of not more than seven persons, which is to be headed

by a civilian executive secretary, who shall be appointed by the President.

§ 2471a. Users' Advisory Group

(a) Establishment

(1) The National Space Council shall establish a Users' Advisory Group composed of

non-Federal representatives of industries and other persons involved in aeronautical and

space activities.

(2) The Vice President shall name a chairman of the Users' Advisory Group.

(3) The National Space Council shall from time to time, but not less than once a year,

meet with the Users' Advisory Group.

(4) The function of the Users' Advisory Group shall be to ensure that the interests of

industries and other non-Federal entities involved in space activities, including in

particular commercial entities, are adequately represented in the National Space Council.

(5) The Users' Advisory Group may be assisted by personnel detailed to the National

Space Council.

(b) Exemption

The Users' Advisory Group shall not be subject to section 14(a)(2) of the Federal

Advisory Committee Act.

§ 2472. National Aeronautics and Space Administration

(a) Establishment; appointment and duties of Administrator

There is established the National Aeronautics and Space Administration (hereinafter

called the "Administration"). The Administration shall be headed by an Administrator,

who shall be appointed from civilian life by the President by and with the advice and

consent of the Senate. Under the supervision and direction of the President, the

Administrator shall be responsible for the exercise of all powers and the discharge of all

duties of the Administration, and shall have authority and control over all personnel and

activities thereof.

(b) Deputy Administrator; appointment and duties

There shall be in the Administration a Deputy Administrator, who shall be appointed

from civilian life by the President by and with the advice and consent of the Senate and

shall perform such duties and exercise such powers as the Administrator may prescribe.

The Deputy Administrator shall act for, and exercise the powers of, the Administrator

during his absence or disability.

The Administrator and the Deputy Administrator shall not engage in any other business,

vocation, or employment while serving as such.

§ 2473. Functions of Administration

(a) Planning, directing and conducting aeronautical and space activities; participation by

scientific community; dissemination of information

The Administration, in order to carry out the purpose of this chapter, shall--

(1) plan, direct, and conduct aeronautical and space activities;

(2) arrange for participation by the scientific community in planning scientific

measurements and observations to be made through use of aeronautical and space

vehicles, and conduct or arrange for the conduct of such measurements and

observations;

(3) provide for the widest practicable and appropriate dissemination of information

concerning its activities and the results thereof;

(4) seek and encourage, to the maximum extent possible, the fullest commercial use of

space; and

(5) encourage and provide for Federal Government use of commercially provided space

services and hardware, consistent with the requirements of the Federal

Government.

(b) Research, development, etc., in ground propulsion technologies and solar heating

and cooling technologies

(1) The Administration shall, to the extent of appropriated funds, initiate, support, and

carry out such research, development, demonstration, and other related activities in

ground propulsion technologies as are provided for in sections 2503 through 2509 of

Title 15.

(2) The Administration shall initiate, support, and carry out such research, development,

demonstrations, and other related activities in solar heating and cooling technologies (to

the extent that funds are appropriated therefor) as are provided for in sections 5503,

5504, and 5507 of this title.

In the performance of its functions the Administration is authorized--

(1) to make, promulgate, issue, rescind, and amend rules and regulations governing

the manner of its operations and the exercise of the powers vested in it by law;

(2) to appoint and fix the compensation of such officers and employees as may be

necessary to carry out such functions. Such officers and employees shall be appointed

in accordance with the civil-service laws and their compensation fixed in accordance

with chapter 51 and subchapter III of chapter 53 of Title 5, except that (A) to the extent

the Administrator deems such action necessary to the discharge of his responsibilities,

he may appoint not more than four hundred and twenty-five of the scientific,

engineering, and administrative personnel of the Administration without regard to such

laws, and may fix the compensation of such personnel not in excess of the rate of basic

pay payable for level III of the Executive Schedule, and (B) to the extent the

Administrator deems such action necessary to recruit specially qualified scientific and

engineering talent, he may establish the entrance grade for scientific and engineering

personnel without previous service in the Federal Government at a level up to two

grades higher than the grade provided for such personnel under the General Schedule,

and fix their compensation accordingly;

(3) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve,

repair, operate, and maintain laboratories, research and testing sites and facilities,

aeronautical and space vehicles, quarters and related accommodations for employees

and dependents of employees of the Administration, and such other real and personal

property (including patents), or any interest therein, as the Administration deems

necessary within and outside the continental United States; to acquire by lease or

otherwise, through the Administrator of General Services, buildings or parts of buildings

in the District of Columbia for the use of the Administration for a period not to exceed

ten years without regard to section 8141 of Title 40; to lease to others such real and

personal property; to sell and otherwise dispose of real and personal property (including

patents and rights thereunder) in accordance with the provisions of the Federal Property

and Administrative Services Act of 1949, as amended; and to provide by contract or

otherwise for cafeterias and other necessary facilities for the welfare of employees of

the Administration at its installations and purchase and maintain equipment therefor;

(4) to accept unconditional gifts or donations of services, money, or property, real,

personal, or mixed, tangible or intangible;

(5) without regard to section 3324(a) and (b) of Title 31, to enter into and perform

such contracts, leases, cooperative agreements, or other

transactions as may be necessary in the conduct of its work and on such terms as it

may deem appropriate, with any agency or instrumentality of the United States, or with

any State, Territory, or possession, or with any political subdivision thereof, or with any

person, firm, association, corporation, or educational institution. To the maximum

extent practicable and consistent with the accomplishment of the purpose of this

chapter, such contracts, leases, agreements, and other transactions shall be allocated

by the Administrator in a manner which will enable small-business concerns to

participate equitably and proportionately in the conduct of the work of the

Administration;

(6) to use, with their consent, the services, equipment, personnel, and facilities of

Federal and other agencies with or without reimbursement, and on a similar basis to

cooperate with other public and private agencies and instrumentalities in the use of

services, equipment, and facilities. Each department and agency of the Federal

Government shall cooperate fully with the Administration in making its services,

equipment, personnel, and facilities available to the Administration, and any such

department or agency is authorized, notwithstanding any other provision of law, to

transfer to or to receive from the Administration, without reimbursement, aeronautical

and space vehicles, and supplies and equipment other than administrative supplies or

equipment;

(7) to appoint such advisory committees as may be appropriate for purposes of

consultation and advice to the Administration in the performance of its functions;

(8) to establish within the Administration such offices and procedures as may be

appropriate to provide for the greatest possible coordination of its activities under this

chapter with related scientific and other activities being carried on by other public and

private agencies and organizations;

(9) to obtain services as authorized by section 3109 of Title 5, but at rates for

individuals not to exceed the per diem rate equivalent to the rate for GS-18;

(10) when determined by the Administrator to be necessary, and subject to such

security investigations as he may determine to be appropriate, to employ aliens without

regard to statutory provisions prohibiting payment of compensation to aliens;

(11) to provide by concession, without regard to section 1302 of Title 40, on such

terms as the Administrator may deem to be appropriate and to be necessary to protect

the concessioner against loss of his investment in property (but not anticipated profits)

resulting from the Administration's discretionary acts and decisions, for the construction,

maintenance, and operation of all manner of facilities and equipment for visitors to the

several

installations of the Administration and, in connection therewith, to provide services

incident to the dissemination of information concerning its activities to such visitors,

without charge or with a reasonable charge therefor (with this authority being in

addition to any other authority which the Administration may have to provide facilities,

equipment, and services for visitors to its installations). A concession agreement under

this paragraph may be negotiated with any qualified proposer following due

consideration of all proposals received after reasonable public notice of the intention to

contract. The concessioner shall be afforded a reasonable opportunity to make a profit

commensurate with the capital invested and the obligations assumed, and the

consideration paid by him for the concession shall be based on the probable value of

such opportunity and not on maximizing revenue to the United States. Each concession

agreement shall specify the manner in which the concessioner's records are to be

maintained, and shall provide for access to any such records by the Administration and

the Comptroller General of the United States for a period of five years after the close of

the business year to which such records relate. A concessioner may be accorded a

possessory interest, consisting of all incidents of ownership except legal title (which

shall vest in the United States), in any structure, fixture, or improvement he constructs

or locates upon land owned by the United States; and, with the

approval of the Administration, such possessory interest may be assigned, transferred,

encumbered, or relinquished by him, and, unless otherwise provided by contract, shall

not be extinguished by the expiration or other termination of the concession and may

not be taken for public use without just compensation;

(12) with the approval of the President, to enter into cooperative agreements under

which members of the Army, Navy, Air Force, and Marine Corps may be detailed by the

appropriate Secretary for services in the performance of functions under this chapter to

the same extent as that to which they might be lawfully assigned in the Department of

Defense;

(13)(A) to consider, ascertain, adjust, determine, settle, and pay, on behalf of the

United States, in full satisfaction thereof, any claim for $25,000 or less against the

United States for bodily injury, death, or damage to or loss of real or personal property

resulting from the conduct of the Administration's functions as specified in subsection

(a) of this section, where such claim is presented to the Administration in writing within

two years after the accident or incident out of which the claim arises; and

(B) if the Administration considers that a claim in excess of $25,000 is meritorious and

would otherwise be covered by this paragraph, to report the facts and circumstances

thereof to the Congress for its consideration.

§ 2473a. Repealed. Pub.L. 96-470, Title I, § 118(b), Oct. 19, 1980, 94 Stat.

2241

§ 2473b. Award of prime and subcontracts to small businesses and

disadvantaged individuals

The NASA Administrator shall annually establish a goal of at least 8 per centum of the

total value of prime and subcontracts awarded in support of authorized programs,

including the space station by the time operational status is obtained, which funds will

be made available to small business concerns or other organizations owned or

controlled by socially and economically disadvantaged individuals (within the meaning of

section 637(a)(5) and (6) of Title 15), including Historically Black Colleges and

Universities that are part B institutions (as defined in section 1061(2) of Title 20),

Hispanic-serving institutions (as defined in section 1101(a)(5) of Title 20), Tribal

Colleges or Universities (as defined in section 1059(b)(3) of Title 20), Alaskan Native-

serving institutions (as defined in section 1059d(b)(2) of Title 20), Native Hawaiian-

serving institutions (as defined in section 1059d(b)(4) of Title 20), and minority

educational institutions (as defined by the Secretary of Education pursuant to the

General Education Provisions Act (20 U.S.C. 1221 et seq.)).

To facilitate progress in reaching this goal, the NASA Administrator shall submit within

one year from November 9, 1989, a plan describing the process to be followed to

achieve the prescribed level of participation in the shortest practicable time.

§ 2473c. Drug and alcohol testing

(a) Short title

This section may be cited as the "Civil Space Employee Testing Act of 1991".

(b) Findings

The Congress finds that--

(1) alcohol abuse and illegal drug use pose significant dangers to the safety and welfare

of the Nation;

(2) the success of the United States civil space program is contingent upon the safe

and successful development and deployment of the many varied components of that

program;

(3) the greatest efforts must be expended to eliminate the abuse of alcohol and use of

illegal drugs, whether on duty or off duty, by those individuals who are

involved in the positions affecting safety, security, and national security;

(4) the use of alcohol and illegal drugs has been demonstrated to adversely affect the

performance of individuals, and has been proven to have been a critical factor in

accidents in the workplace;

(5) the testing of uniformed personnel of the Armed Forces has shown that the most

effective deterrent to abuse of alcohol and use of illegal drugs is increased testing,

including random testing;

(6) adequate safeguards can be implemented to ensure that testing for abuse of alcohol

or use of illegal drugs is performed in a manner which protects an individual's right of

privacy, ensures that no individual is harassed by being treated differently from other

individuals, and ensures that no individual's reputation or career development is unduly

threatened or harmed; and

(7) rehabilitation is a critical component of any testing program for abuse of alcohol or

use of illegal drugs, and should be made available to individuals, as appropriate.

(1) The Administrator shall establish a program applicable to employees of the National

Aeronautics and Space Administration whose duties include responsibility for safety-

sensitive, security, or national security functions. Such program shall provide for

preemployment, reasonable suspicion, random, and post-accident testing for use, in

violation of applicable law or Federal regulation, of alcohol or a controlled substance.

The Administrator may also prescribe regulations, as the Administrator considers

appropriate in the interest of safety, security, and national security, for the conduct of

periodic recurring testing of such employees for such use in violation of applicable law

or Federal regulation.

(2) The Administrator shall, in the interest of safety, security, and national security,

prescribe regulations within 18 months after December 9, 1991. Such regulations shall

establish a program which requires National Aeronautics and Space Administration

contractors to conduct preemployment, reasonable suspicion, random, and post-

accident testing of contractor employees responsible for safety-sensitive, security, or

national security functions (as determined by the Administrator) for use, in violation of

applicable law or Federal regulation, of alcohol or a controlled substance. The

Administrator may also prescribe regulations, as the Administrator considers

appropriate in the interest of safety, security, and national security, for the conduct of

periodic recurring testing of such employees for such use in violation of applicable law

or Federal regulation.

(3) In prescribing regulations under the programs required by this subsection, the

Administrator shall require, as the Administrator considers appropriate, the suspension,

disqualification, or dismissal of any employee to which paragraph (1) or (2) applies, in

accordance with the provisions of this section, in any instance where a test conducted

and confirmed under this section indicates that such employee has used, in violation of

applicable law or Federal regulation, alcohol or a controlled substance.

(d) Prohibition on service

(1) No individual who is determined by the Administrator under this section to have

used, in violation of applicable law or Federal regulation, alcohol or a controlled

substance after December 9, 1991, shall serve as a National Aeronautics and Space

Administration employee with responsibility for safety-sensitive, security, or national

security functions (as determined by the Administrator), or as a National Aeronautics

and Space Administration contractor employee with such responsibility, unless such

individual has completed a program of rehabilitation described in subsection (e) of this

section.

(2) Any such individual determined by the Administrator under this section to have

used, in violation of applicable law or Federal regulation, alcohol or a controlled

substance after December 9, 1991, who--

(A) engaged in such use while on duty;

(B) prior to such use had undertaken or completed a rehabilitation program described

in subsection (e) of this section;

(D) following such determination fails to complete such a rehabilitation program,

shall not be permitted to perform the duties which such individual performed prior to

the date of such determination.

(e) Program for rehabilitation

(1) The Administrator shall prescribe regulations setting forth requirements for

rehabilitation programs which at a minimum provide for the identification and

opportunity for treatment of employees referred to in subsection (c) of this section in

need of assistance in resolving problems with the use, in violation of applicable law or

Federal regulation, of alcohol or a controlled substance. Each contractor is encouraged

to make such a program available to all of its employees in addition to those employees

referred to in subsection (c)(2) of this section. The Administrator shall determine the

circumstances under which such employees shall be required to participate in such a

program. Nothing in this subsection shall preclude any National Aeronautics and Space

Administration contractor from establishing a program under this subsection in

cooperation with any other such contractor.

(2) The Administrator shall establish and maintain a rehabilitation program which at a

minimum provides for the identification and opportunity for treatment of those

employees of the National Aeronautics and Space Administration whose duties include

responsibility for safety-sensitive, security, or national security functions who are in

need of assistance in resolving problems with the use of alcohol or controlled

substances.

(f) Procedures for testing

In establishing the programs required under subsection (c) of this section, the

Administrator shall develop requirements which shall--

(1) promote, to the maximum extent practicable, individual privacy in the collection of

specimen samples;

(2) with respect to laboratories and testing procedures for controlled substances,

incorporate the Department of Health and Human Services scientific and technical

guidelines dated April 11, 1988, and any subsequent amendments thereto, including

mandatory guidelines which--

(A) establish comprehensive standards for all aspects of laboratory controlled

substances testing and laboratory procedures to be applied in carrying out this section,

including standards which require the use of the best available technology for ensuring

the full reliability and accuracy of controlled substances tests and strict procedures

governing the chain of custody of specimen samples collected for controlled substances

testing;

(B) establish the minimum list of controlled substances for which individuals may be

tested; and

and criteria for certification and revocation of certification of laboratories to perform

controlled substances testing in carrying out this section;

(3) require that all laboratories involved in the controlled substances testing of any

individual under this section shall have the capability and facility, at such laboratory, of

performing screening and confirmation tests;

(4) provide that all tests which indicate the use, in violation of applicable law or Federal

regulation, of alcohol or a controlled substance by any individual shall be confirmed by a

scientifically recognized method of testing capable of providing quantitative data

regarding alcohol or a controlled substance;

(5) provide that each specimen sample be subdivided, secured, and labelled in the

presence of the tested individual and that a portion thereof be retained in a secure

manner to prevent the possibility of tampering, so that in the event the individual's

confirmation test results are positive the individual has an opportunity to have the

retained portion assayed by a confirmation test done independently at a second certified

laboratory if the individual requests the independent test within 3 days after being

advised of the results of the initial confirmation test;

(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath

and body fluid samples, including urine and blood, through the development of

regulations as may be necessary and in consultation with the Department of Health and

Human Services;

(7) provide for the confidentiality of test results and medical information of employees;

and

(8) ensure that employees are selected for tests by nondiscriminatory and impartial

methods, so that no employee is harassed by being treated differently from other

employees in similar circumstances.

(g) Effect on other laws and regulations

(1) No State or local government shall adopt or have in effect any law, rule, regulation,

ordinance, standard, or order that is inconsistent with the regulations promulgated

under this section.

(2) Nothing in this section shall be construed to restrict the discretion of the

Administrator to continue in force, amend, or further supplement any regulations issued

before December 9, 1991, that govern the use of alcohol and controlled substances by

National Aeronautics and Space Administration employees with responsibility for safety-

sensitive, security, and national security functions (as determined by the Administrator),

or by National Aeronautics and Space Administration contractor employees with such

responsibility.

(h) "Controlled substance" defined

For the purposes of this section, the term "controlled substance" means any substance

under section 802(6) of Title 21 specified by the Administrator.

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

(a) In general

In any case in which the Administrator considers the purchase, lease, or expansion of a

facility to meet requirements of the National Aeronautics and Space Administration, the

Administrator shall consider whether those requirements could be met by the use of one

of the following:

(1) Abandoned or underutilized buildings, grounds, and facilities in depressed

communities that can be converted to National Aeronautics and Space Administration

usage at a reasonable cost, as determined by the Administrator.

(2) Any military installation that is closed or being closed, or any facility at such an

installation.

(3) Any other facility or part of a facility that the administrator determines to be--

(A) owned or leased by the United States for the use of another agency of the Federal

Government; and

(B) Considered by the head of the agency involved--

(i) to be excess to the needs of that agency; or

(ii) to be underutilized by that agency.

(b) Definition

For the purposes of this section, the term " depressed communities" means rural and

urban communities that are relatively depressed, in terms of age of housing, extent of

poverty, growth of per capita income, extent of unemployment, job lag, or surplus labor.

§ 2473e. Repealed. Pub.L. 109-155, Title VII, § 703(b), Dec. 30 2005, 119 Stat.

2936

§ 2474. Omitted

§ 2475. 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 application of the results thereof, pursuant to agreements made by the

President with the advice and consent of the Senate.

§ 2475a. Competitiveness and international cooperation

(a) Limitation

(1) As part of the evaluation of the costs and benefits of entering into an obligation to

conduct a space mission in which a foreign entity will participate as a supplier of the

spacecraft, spacecraft system, or launch system, the Administrator shall solicit comment

on the potential impact of such participation through notice published in Commerce

Business Daily at least 45 days before entering into such an obligation.

(2) The administrator shall certify to the Congress at least 15 days in advance of any

cooperative agreement with the People's Republic of China, or any company owned by

the People's Republic of China or incorporated under the laws of the People's Republic of

China, involving spacecraft, spacecraft systems, launch systems, or scientific or

technical information that--

(A) the agreement is not detrimental to the United States space launch industry; and

(B) the agreement, including any indirect technical benefit that could be derived from

the agreement, will not improve the missile or space launch capabilities of the People's

Republic of China.

(3) The Inspector General of the National Aeronautics and Space Administration, in

consultation with appropriate agencies, shall conduct an annual audit of the policies and

procedures of the National Aeronautics and Space Administration with respect to the

export of technologies and the transfer of scientific and technical information, to assess

the extent to which the National Aeronautics and Space Administration is carrying out

its activities in compliance with Federal export control laws and with paragraph (2).

(b) National interests

Before entering into an obligation described in subsection (a), the Administrator shall

consider the national interests of the United States described in section 2(6).

§ 2475b. Foreign contract limitation

The National Aeronautics and Space Administration shall not enter into any agreement

or contract with a foreign government that grants the foreign government the right to

recover profit in the event that the agreement or contract is terminated.

§ 2476. Reports to Congress

(a) Presidential report; transmittal

The President shall transmit to the Congress in May of each year a report, which shall

include (1) a comprehensive description of the programed activities and the

accomplishments of all agencies of the United States in the field of aeronautics and

space activities during the preceding fiscal year, and (2) an evaluation of such activities

and accomplishments in terms of the attainment of, or the failure to attain, the

objectives described in section 2451(c) of this title.

(b) Recommendations for additional legislation

Any report made under this section shall contain such recommendations for additional

legislation as the Administrator or the President may consider necessary or desirable for

the attainment of the objectives described in section 2451(c) of this title.

No information which has been classified for reasons of national security shall be

included in any report made under this section, unless such information has been

declassified by, or pursuant to authorization given by, the President.

§ 2476a. Disposal of excess land; approval by Congressional committees

Notwithstanding the provisions of this or any other law, the Administration may not

report to a disposal agency as excess to the needs of the Administration any land

having an estimated value in excess of $50,000 which is owned by the United States

and under the jurisdiction and control of the Administration, unless (A) a period of thirty

days has passed after the receipt by the Speaker and the Committee on Science, Space,

and Technology of the House of Representatives and the President and the Committee

on Commerce, Science, and Transportation of the Senate of a report by the

Administrator or his designee containing a full and complete statement of the action

proposed to be taken and the facts and circumstances relied upon in support of such

action, or (B) each such committee before the expiration of such period has transmitted

to the Administrator written notice to the effect that such committee has no objection to

the proposed action.

§ 2476b. Donations for space shuttle orbiter

(a) Acceptance by Administrator and use

The Administrator may accept gifts and donations of services, money, and real,

personal, tangible, and intangible property, and use such gifts and donations for the

construction of a space shuttle orbiter.

(b) Termination of authority to accept; use of unneeded gifts and donations

(1) The authority of the Administrator to accept gifts or donations pursuant to

subsection (a) of this section shall terminate five years after October 30, 1987.

(2) All gifts and donations accepted by the Administrator pursuant to subsection (a) of

this section which are not needed for construction of a space shuttle orbiter shall be

used by the Administrator for an appropriate purpose--

(A) in tribute to the dedicated crew of the space shuttle Challenger; and

(B) in furtherance of the exploration of space.

The name of a space shuttle orbiter constructed in whole or in part with gifts or

donations whose acceptance and use are authorized by subsection (a) of this section

shall be selected by the Administrator from among suggestions submitted by students in

elementary and secondary schools.

§ 2477. Aerospace Safety Advisory Panel; membership; appointment; term;

powers and duties of Panel; Chairman; compensation, travel and other

necessary expenses; NASA membership restriction

(a) In general

There is hereby established an Aerospace Safety Advisory Panel consisting of a

maximum of nine members who shall be appointed by the Administrator for terms of six

years each. The Panel shall review safety studies and operations plans referred to it,

including evaluating NASA's compliance with the return-to-flight and continue-to-fly

recommendations of the Columbia Accident Investigation Board, and shall make reports

thereon, shall advise the Administrator and the Congress with respect to the hazards of

proposed or existing facilities and proposed operations with respect to the adequacy of

proposed or existing safety standards, and with respect to management and culture

related to safety. The Panel shall also perform such other duties as the Administrator

may request. One member shall be designated by the Panel as its Chairman. Members

of the Panel who are officers or employees of the Federal Government shall receive no

compensation for their services as such, but shall be allowed necessary travel expenses

(or in the alternative, mileage for use of privately owned vehicles and a per diem in lieu

of subsistence not to exceed the rates and amounts prescribed in sections 5702, 5704

of Title 5), and other necessary expenses incurred by them in the performance of duties

vested in the Panel, without regard to the provisions of subchapter I, chapter 57 of Title

5, the Standardized Government Travel Regulations, or section 5731 of Title 5.

Members of the Panel appointed from outside the Federal Government shall each

receive compensation at a rate not to exceed the per diem rate equivalent to the rate

for GS-18 for each day such member is engaged in the actual performance of duties

vested in the Panel in addition to reimbursement for travel, subsistence, and other

necessary expenses in accordance with the provisions of the foregoing sentence. Not

more than four such members shall be chosen from among the officers and employees

of the National Aeronautics and Space Administration.

(b) Annual report

The Panel shall submit an annual report to the Administrator and to the Congress. In

the first annual report submitted after December 30, 2005, the Panel shall include an

evaluation of NASA'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.

§ 2481. Congressional declaration of purpose and policy

(a) The purpose of this subchapter is to authorize and direct the Administration to

develop and carry out a comprehensive program of research, technology, and

monitoring of the phenomena of the upper atmosphere so as to provide for an

understanding of and to maintain the chemical and physical integrity of the Earth's

upper atmosphere.

(b) The Congress declares that it is the policy of the United States to undertake an

immediate and appropriate research, technology, and monitoring program that will

provide for understanding the physics and chemistry of the Earth's upper atmosphere.

§ 2482. "Upper atmosphere" defined

For the purpose of this subchapter the term "upper atmosphere" means that portion of

the Earth's sensible atmosphere above the troposphere.

§ 2483. Program authorized

(a) In order to carry out the purposes of this subchapter the Administration in

cooperation with other Federal agencies, shall initiate and carry out a program of

research, technology, monitoring, and other appropriate activities directed to

understand the physics and chemistry of the upper atmosphere.

(b) In carrying out the provisions of this subchapter the Administration shall--

(1) arrange for participation by the scientific and engineering community, of both the

Nation's industrial organizations and institutions of higher education, in planning and

carrying out appropriate research, in developing necessary technology and in making

necessary observations and measurements;

(2) provide, by way of grant, contract, scholarships or other arrangements, to the

maximum extent practicable and consistent with other laws, for the widest practicable

and appropriate participation of the scientific and engineering

community in the program authorized by this subchapter; and

(3) make all results of the program authorized by this subchapter available to the

appropriate regulatory agencies and provide for the widest practicable dissemination of

such results.

§ 2484. International cooperation

In carrying out the provisions of this subchapter, the Administration, subject to the

direction of the President and after consultation with the Secretary of State, shall make

every effort to enlist the support and cooperation of appropriate scientists and

engineers of other countries and international organizations.

Current through P.L. 109-169, P.L. 109-173 approved 02-15-06

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