NASA

“I think the experience of putting yourself in an uncomfortable environment and coming at the other end with lessons learned is always positive. Trying to expand the windows of where you feel comfortable gives you a chance to know yourself better.” — Alfonso Davila, Research Scientist, Exobiology Branch, NASA’s Ames Research Center “I think the experience of putting yourself in an uncomfortable environment and coming at the other end with lessons learned is always positive. Trying to expand the windows of where you feel comfortable gives you a chance to know yourself better. “[Studying life in extreme deserts] is about exploring things that we don’t know about. And a lot of what we don’t know happens in environments that are remote, just because it’s very hard to get there and not a lot of people go to those environments. “…It’s about those two things: exploring the unknown and also, in a way, exploring yourself and what you’re capable of. “…[My interest in exobiology] started as a means to understand whether life can exist in environments that are very Mars-like. We know that life is robust and can adapt to many extreme conditions, but deserts are very different from other extreme environments. Nobody loves being in the desert, not even microbes. “Over time, our understanding of the diversity of worlds in the solar system has expanded greatly. And in the past few years, there has been a revolution driven by the discovery of what we now call ocean worlds, like Europa, or Titan. It’s the polar opposite: It’s going from the extreme deserts where there is barely any water for life to environments where there is a lot of water. “…And so my interest started to shift slightly over the years to not just trying to understand the limits of life, but then also to understand environments where life can actually exist and how go about searching for evidence of it. To me, it’s the ultimate question on how to understand life in the larger scale. “That’s what’s driven me to explore those extreme environments, understand the limits of life, and then think about how we search for forms of life outside of the Earth.” —Alfonso Davila, Research Scientist, Ames Research Center Image Credit: NASA / Brandon Torres Interviewer: NASA / Thalia Patrinos Check out some of our other Faces of NASA. View the full article

Downloads Nelson Ethics Pledge Limited Waiver – May 4, 2021 Oct 4, 2023 PDF (207.13 KB) Nelson Relativity Space Limited Waiver – October 8, 2022 Oct 4, 2023 PDF (246.92 KB) Melroy Ethics Pledge Limited Waiver – June 30, 2021 Oct 4, 2023 PDF (8.57 MB) View the full article

I have been invited to an event and the company has offered to pay. What do I need to do? Create a package for approval with the following items: Offer letter from the non-Federal source. Email, fax, or letter is sufficient. NF 1167 — signature level is the Association Administrator for your Office Travel Orders Helpful Resources in completing the above items: Instructions for Completing the NF 1167 (.doc) NASA Financial Management Chapter 12, Section 304 (.pdf) Reimbursable Travel Presentation by Travel Office (.ppt) Non-Federal sources may offer to pay all or a portion of your travel expenses. There are several authorities under which travel costs of NASA employees may be paid by a non-Federal source. The most commonly used is 31 U.S.C. § 1353, authorizing NASA to accept travel expenses from non-Federal sources for employees attending meetings or similar functions. Other authorities not covered here include the Government Employees Training Act, the Widely Attended Gathering exception to the Standards of Conduct, 5 U.S.C. § 7342 dealing with foreign gifts and decorations, and the Space Act. 31 U.S.C. § 1353 permits non-Federal sources, such as organizations, associations, or businesses, to pay the Government for the expenses of transportation, accommodations, and meals for Government employees officially attending meetings and similar functions such as conferences and symposia. 31 U.S.C. § 1353 is implemented in GSA’s regulations at 41 CFR § 304.1, Payment from a Non-Federal Source for Travel Expenses. The authority in 31 U.S.C. § 1353 must be used to accept travel expenses for attendance at a meeting or similar function. Examples include conferences, seminars, speaking engagements, and training courses. It does not include travel required to carry out an agency’s statutory and regulatory functions, such as inspections, audits, site visits, or negotiations; nor does it include promotional vendor training or other meetings for the primary purpose of marketing the non-Federal source’s products or services. The event need not be “widely attended.” Under 31 U.S.C. § 1353, the travel authorizing official must determine, in advance of the travel, that payment is: 1) for travel related to the employee’s official duties; 2) for attendance at a meeting or similar function, and 3) from a non-Federal source that is not disqualified on conflict of interest grounds. Local Counsel reviews the arrangement, and, where foreign travel is involved, so does the Office of External Relations at Headquarters. NASA Form 1167 is used to request approval. Reimbursement may be either by check or in-kind. In-kind reimbursement (e.g., plane tickets, prepaid hotel reservations) is the most common method. Checks must be made out to NASA, not to the employee. Cash may not be accepted by NASA employees. NASA reports reimbursements under 31 U.S.C. § 1353 semiannually to the Office of Government Ethics. View the full article

TITLE 15–COMMERCE AND TRADE CHAPTER 63–TECHNOLOGY INNOVATION Sec. 3701. Findings The Congress finds and declares that: (1) Technology and industrial innovation are central to the economic, environmental, and social well-being of citizens of the United States. (2) Technology and industrial innovation offer and improved standard of living, increased public and private sector productivity, creation of new industries and employment opportunities, improved public services and enhanced competitiveness of United States products in world markets. (3) Many new discoveries and advances in science occur in universities and Federal laboratories, while the application of this new knowledge to commercial and useful public purposes depends largely upon actions by business and labor. Cooperation among academia, Federal laboratories, labor, and industry, in such forms as technology transfer, personnel exchange, joint research projects, and others, should be renewed, expanded, and strengthened. (4) Small businesses have performed an important role in advancing industrial and technological innovation. (5) Industrial and technological innovation in the United States may be lagging when compared to historical patterns and other industrialized nations. (6) Increased industrial and technological innovation would reduce trade deficits, stabilize the dollar, increase productivity gains, increase employment, and stabilize prices. (7) Government antitrust, economic, trade, patent, procurement, regulatory, research and development, and tax policies have significant impacts upon industrial innovation and development of technology, but there is insufficient knowledge of their effects in particular sectors of the economy. (8) No comprehensive national policy exists to enhance technological innovation for commercial and public purposes. There is a need for such a policy, including a strong national policy supporting domestic technology transfer and utilization of the science and technology resources of the Federal Government. (9) It is in the national interest to promote the adaptation of technological innovations to State and local government uses. Technological innovations can improve services, reduce their costs, and increase productivity in State and local governments. (10) The Federal laboratories and other performers of federally funded research and development frequently provide scientific and technological developments of potential use to State and local governments and private industry. These developments, which include inventions, computer software, and training technologies, should be made accessible to those governments and industry. There is a need to provide means of access and to give adequate personnel and funding support to these means. (11) The Nation should give fuller recognition to individuals and companies which have made outstanding contributions to the promotion of technology or technological manpower for the improvement of the economic, environmental, or social well-being of the United States. (Pub. L. 96-480, Sec. 2, Oct. 21, 1980, 94 Stat. 2311; Pub. L. 99-502, Sec. 9(f)(1), Oct. 20, 1986, 100 Stat. 1797.) Amendments 1986–Par. (10). Pub. L. 99-502 inserted “, which include inventions, computer software, and training technologies,”. Sec. 3702. Purpose It is the purpose of this chapter to improve the economic, environmental, and social well-being of the United States by– (1) establishing organizations in the executive branch to study and stimulate technology; (2) promoting technology development through the establishment of cooperative research centers; (3) stimulating improved utilization of federally funded technology developments, including inventions, software, and training technologies, by State and local governments and the private sector; (4) providing encouragement for the development of technology through the recognition of individuals and companies which have made outstanding contributions in technology; and (5) encouraging the exchange of scientific and technical personnel among academia, industry, and Federal laboratories. (Pub. L. 96-480, Sec. 3, Oct. 21, 1980, 94 Stat. 2312; Pub. L. 99-502, Sec. 9(b)(1), (f)(2), Oct. 20, 1986, 100 Stat. 1795, 1797.) Amendments 1986–Par. (2). Pub. L. 99-502, Sec. 9(b)(1), substituted “cooperative research centers” for “centers for industrial technology”. Par. (3). Pub. L. 99-502, Sec. 9(f)(2), inserted “, including inventions, software, and training technologies,”. Sec. 3708. Administrative arrangements (a) Coordination The Secretary and the National Science Foundation shall, on a continuing basis, obtain the advice and cooperation of departments and agencies whose missions contribute to or are affected by the programs established under this chapter, including the development of an agenda for research and policy experimentation. These departments and agencies shall include but not be limited to the Departments of Defense, Energy, Education, HeALTh and Human Services, Housing and Urban Development, the Environmental Protection Agency, National Aeronautics and Space Administration, Small Business Administration, Council of Economic Advisers, Council on Environmental Quality, and Office of Science and Technology Policy. (b) Cooperation It is the sense of the Congress that departments and agencies, including the Federal laboratories, whose missions are affected by, or could contribute to, the programs established under this chapter, should, within the limits of budgetary authorizations and appropriations, support or participate in activities or projects authorized by this chapter. (c) Administrative authorization (1) Departments and agencies described in subsection (b) of this section are authorized to participate in, contribute to, and serve as resources for the Centers and for any other activities authorized under this chapter. (2) The Secretary and the National Science Foundation are authorized to receive moneys and to receive other forms of assistance from other departments or agencies to support activities of the Centers and any other activities authorized under this chapter. (d) Cooperative efforts The Secretary and the National Science Foundation shall, on a continuing basis, provide each other the opportunity to comment on any proposed program of activity under section 3705, 3707, 3710, 3710d, 3711a, or 3712 of this title before funds are committed to such program in order to mount complementary efforts and avoid duplication. (Pub. L. 96-480, Sec. 10, formerly Sec. 9, Oct. 21, 1980, 94 Stat. 2316; Pub. L. 99-502, Sec. 9(e)(2)(C), Oct. 20, 1986, 100 Stat. 1797; Pub. L. 100-107, Sec. 3(b), Aug. 20, 1987, 101 Stat. 727; renumbered Sec. 10 and amended Pub. L. 100-418, title V, Sec. 5122(a)(1), (c), Aug. 23, 1988, 102 Stat. 1438, 1439; Pub. L. 102-240, title VI, Sec. 6019, Dec. 18, 1991, 105 Stat. 2183.) Prior Provisions A prior section 10 of Pub. L. 96-480 was renumbered section 11 by Pub. L. 100-418 and is classified to section 3710 of this title. Another prior section 10 of Pub. L. 96-480, related to the National Industrial Technology Board and was classified to section 3709 of this title, prior to repeal by section 9(a) of Pub. L. 99-502. Amendments 1991–Subsec. (d). Pub. L. 102-240 made technical amendment to reference to section 3712 of this title to reflect renumbering of corresponding section of original act. 1988–Subsec. (d). Pub. L. 100-418, Sec. 5122(c), made technical amendment to references to sections 3705, 3707, 3710, 3710d, 3711a, and 3712 of this title to reflect renumbering of corresponding sections of original act. 1987–Subsec. (d). Pub. L. 100-107 inserted reference to section 3711a of this title. 1986–Subsec. (d). Pub. L. 99-502 inserted references to sections 3710 and 3710d of this title. Sec. 3710. Utilization of Federal technology–(a) Policy. (1) It is the continuing responsibility of the Federal Government to ensure the full use of the results of the Nation’s Federal investment in research and development. To this end the Federal Government shall strive where appropriate to transfer federally owned or originated technology to State and local governments and to the private sector. (2) Technology transfer, consistent with mission responsibilities, is a responsibility of each laboratory science and engineering professional. (3) Each laboratory director shall ensure that efforts to transfer technology are considered positively in laboratory job descriptions, employee promotion policies, and evaluation of the job performance of scientists and engineers in the laboratory. (b) Establishment of Research and Technology Applications Offices. Each Federal laboratory shall establish an Office of Research and technology Applications. Laboratories having existing organizational structures which perform the functions of this section may elect to combine the Office of Research and Technology Applications within the existing organization. The staffing and funding levels for these offices shall be determined between each Federal laboratory and the Federal agency operating or directing the laboratory, except that (1) each laboratory having 200 or more full-time equivalent scientific, engineering, and related technical positions shall provide one or more full-time equivalent positions as staff for its Office of Research and Technology Applications, and (2) each Federal agency which operates or directs one or more Federal laboratories shall make available sufficient funding, either as a separate line item or from the agency’s research and development budget, to support the technology transfer function at the agency and at its laboratories, including support of the Offices of Research and Technology Applications. Furthermore, individuals filling positions in an Office of Research and Technology Applications shall be included in the overall laboratory/agency management development program so as to ensure that highly competent technical managers are full participants in the technology transfer process. The agency head shall submit to Congress at the time the President submits the budget to Congress an explanation of the agency’s technology transfer program for the preceding year and the agency’s plans for conducting its technology transfer function for the upcoming year, including plans for securing intellectual property rights in laboratory innovations with commercial promise and plans for managing such innovations so as to benefit the competitiveness of United States industry. (c) Functions of Research and Technology Applications Offices. It shall be the function of each Office of Research and Technology Applications– (1) to prepare application assessments for selected research and development projects in which that laboratory is engaged and which in the opinion of the laboratory may have potential commercial applications; (2) to provide and disseminate information on federally owned or originated products, processes, and services having potential application to State and local governments and to private industry; (3) to cooperate with and assist the National Technical for Technology Transfer, and other organizations which link the research and development resources of that laboratory and the Federal Government as a whole to potential users in State and local government and private industry; (4) to provide technical assistance to State and local government officials; and (5) to participate, where feasible, in regional, State, and local programs designed to facilitate or stimulate the transfer of technology for the benefit of the region, State, or local jurisdiction in which the Federal laboratory is located. Agencies which have established organizational structures outside their Federal laboratories which have as their principal purpose the transfer of federally owned or originated technology to State and local government and to the private sector may elect to perform the functions of this subsection in such organizational structures. No Office of Research and Technology Applications or other organizational structures performing the functions of this subsection shall substantially compete with similar services available in the private sector. (d) Dissemination of technical information The National Technical Information Service shall– (1) serve as a central clearinghouse for the collection, dissemination and transfer of information on federally owned or originated technologies having potential application to State and local governments and to private industry; (2) utilize the expertise and services of the National Science Foundation and the Federal Laboratory Consortium for Technology Transfer; particularly in dealing with State and local governments; (3) receive requests for technical assistance from State and local governments, respond to such requests with published information available to the Service, and refer such requests to the Federal Laboratory Consortium for Technology Transfer to the extent that such requests require a response involving more than the published information available to the Service; (4) provide funding, at the discretion of the Secretary, for Federal laboratories to provide the assistance specified in subsection (c)(3) of this section; (5) use appropriate technology transfer mechanisms such as personnel exchanges and computer-based systems; and (6) maintain a permanent archival repository and clearinghouse for the collection and dissemination of nonclassified scientific, technical, and engineering information. (e) Establishment of Federal Laboratory Consortium for Technology Transfer. (1) There is hereby established the Federal Laboratory Consortium for Technology Transfer (hereinafter referred to as the “Consortium”) which, in cooperation with Federal Laboratories and the private sector, shall (A) develop and (with the consent of the Federal laboratory concerned) administer techniques, training courses, and materials concerning technology transfer to increase the awareness of Federal laboratory employees regarding the commercial potential of laboratory technology and innovations; (B) furnish advice and assistance requested by Federal agencies and laboratories for use in their technology transfer programs (including the planning of seminars for small business and other industry); (C) provide a clearinghouse for requests, received at the laboratory level, for technical assistance from States and units of local governments, businesses, industrial development organizations, not-for-profit organizations including universities, Federal agencies and laboratories, and other persons, and– (i) to the extent that such requests can be responded to with published information available to the National Technical Information Service, refer such requests to that Service, and (ii) otherwise refer these requests to the appropriate Federal laboratories and agencies; (D) facilitate communication and coordination between Offices of Research and Technology Applications of Federal laboratories; (E) utilize (with the consent of the agency involved) the expertise and services of the National Science Foundation, the Department of Commerce, the National Aeronautics and Space Administration, and other Federal agencies, as necessary; (F) with the consent of any Federal laboratory, facilitate the use by such laboratory of appropriate technology transfer mechanisms such as personnel exchanges and computer-based systems; (G) with the consent of any Federal laboratory, assist such laboratory to establish programs using technical volunteers to provide technical assistance to communities related to such laboratory; (H) facilitate communication and cooperation between Offices of Research and Technology Applications of Federal laboratories and regional, State, and local technology transfer organizations; (I) when requested, assist colleges or universities, businesses, nonprofit organizations, State or local governments, or regional organizations to establish programs to stimulate research and to encourage technology transfer in such areas as technology program development, curriculum design, long-term research planning, personnel needs projections, and productivity assessments; and (J) seek advice in each Federal laboratory consortium region from representatives of State and local governments, large and small business, universities, and other appropriate persons on the effectiveness of the program (and any such advice shall be provided at no expense to the Government). (2) The membership of the Consortium shall consist of the Federal laboratories described in clause (1) of subsection (b) of this section and such other laboratories as may choose to join the Consortium. The representatives to the Consortium shall include a senior staff member of each Federal laboratory which is a member of the Consortium and a senior representative appointed from each Federal agency with one or more member laboratories. (3) The representatives to the Consortium shall elect a Chairman of the Consortium. (4) The Director of the National Institute of Standards and Technology shall provide the Consortium, on a reimbursable basis, with administrative services, such as office space, personnel, and support services of the Institute, as requested by the Consortium and approved by such Director. (5) Each Federal laboratory or agency shall transfer technology directly to users or representatives of users, and shall not transfer technology directly to the Consortium. Each Federal laboratory shall conduct and transfer technology only in accordance with the practices and policies of the Federal agency which owns, leases, or otherwise uses such Federal laboratory. (6) Not later than one year after October 20, 1986, and every year thereafter, the Chairman of the Consortium shall submit a report to the President, to the appropriate authorization and appropriation committees of both Houses of the Congress, and to each agency with respect to which a transfer of funding is made (for the fiscal year or years involved) under paragraph (7), concerning the activities of the Consortium and the expenditures made by it under this subsection during the year for which the report is made. Such report shall include an annual independent audit of the financial statements of the Consortium, conducted in accordance with generally accepted accounting principles. (7)(A) Subject to subparagraph (B), an amount equal to 0.008 percent of the budget of each Federal agency from any Federal source, including related overhead, that is to be utilized by or on behalf of the laboratories of such agency for a fiscal year referred to in subparagraph (B)(ii) shall be transferred by such agency to the National Institute of Standards and Technology at the beginning of the fiscal year involved. Amounts so transferred shall be provided by the Institute to the Consortium for the purpose of carrying out activities of the Consortium under this subsection. (B) A transfer shall be made by any Federal agency under subparagraph (A), for any fiscal year, only if– (i) the amount so transferred by that agency (as determined under such subparagraph) would exceed $10,000; and (ii) such transfer is made with respect to the fiscal year 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, or 1996. (C) The heads of Federal agencies and their designees, and the directors of Federal laboratories, may provide such additional support for operations of the Consortium as they deem appropriate.< br/> (f) Agency reporting Each Federal agency which operates or directs one or more Federal laboratories shall report annually to the Congress, as part of the agency’s annual budget submission, on the activities performed by that agency and its Federal laboratories pursuant to the provisions of this section. (g) Functions of Secretary (1) The Secretary, through the Under Secretary, and in consultation with other Federal agencies, may– (A) make available to interested agencies the expertise of the Department of Commerce regarding the commercial potential of inventions and methods and options for commercialization which are available to the Federal laboratories, including research and development limited partnerships; (B) develop and disseminate to appropriate agency and laboratory personnel model provisions for use on a voluntary basis in cooperative research and development arrangements; and (C) furnish advice and assistance, upon request, to Federal agencies concerning their cooperative research and development programs and projects. (2) Two years after October 20, 1986, and every two years thereafter, the Secretary shall submit a summary report to the President and the Congress on the use by the agencies and the Secretary of the authorities specified in this chapter. Other Federal agencies shall cooperate in the report’s preparation. (3) Not later than one year after October 20, 1986, the Secretary shall submit to the President and the Congress a report regarding– (A) any copyright provisions or other types of barriers which tend to restrict or limit the transfer of federally funded computer software to the private sector and to State and local governments, and agencies of such State and local governments; and (B) the feasibility and cost of compiling and maintaining a current and comprehensive inventory of all federally funded training software. (h) Repealed. Pub. L. 100-519, title II, Sec. 212(a)(4), Oct. 24, 1988, 102 Stat. 2595 (i) Research equipment The Director of a laboratory, or the head of any Federal agency or department, may give research equipment that is excess to the needs of the laboratory, agency, or department to an educational institution or nonprofit organization for the conduct of technical and scientific education and research activities. Title of ownership shall transfer with a gift under the\2\ section. (Pub. L. 96-480, Sec. 11, Oct. 21, 1980, 94 Stat. 2318; renumbered Sec. 10 and amended Pub. L. 99-502, Secs. 3-5, 9(e)(1), Oct. 20, 1986, 100 Stat. 1787, 1789, 1791, 1797; renumbered Sec. 11 and amended Pub. L. 100-418, title V, Secs. 5115(b)(2), 5122(a)(1), 5162(b), 5163(c)(1), (3), Aug. 23, 1988, 102 Stat. 1433, 1438, 1450, 1451; Pub. L. 100-519, title II, Secs. 201(d)(3), 212(a)(4), Oct. 24, 1988, 102 Stat. 2594, 2595; Pub. L. 101-189, div. C, title XXXI, Sec. 3133(e), Nov. 29, 1989, 103 Stat. 1679; Pub. L. 102-245, title III, Secs. 301, 303, Feb. 14, 1992, 106 Stat. 19, 20.) Amendments 1992–Subsec. (e)(2). Pub. L. 102-245, Sec. 301(a), inserted “senior” before “representative”. Subsec. (e)(6). Pub. L. 102-245, Sec. 301(b), inserted at end “Such report shall include an annual independent audit of the financial statements of the Consortium, conducted in accordance with generally accepted accounting principles.” Subsec. (e)(7)(B)(ii). Pub. L. 102-245, Sec. 301(c), substituted “1991, 1992, 1993, 1994, 1995, or 1996” for “or 1991”. Subsec. (e)(8). Pub. L. 102-245, Sec. 301(d), struck out former par. (8) which read as follows: “(A) The Consortium shall use 5 percent of the funds provided in paragraph (7)(A) to establish demonstration projects in technology transfer. To carry out such projects, the Consortium may arrange for grants or awards to, or enter into agreements with, nonprofit State, local, or private organizations or entities whose primary purposes are to facilitate cooperative research between the Federal laboratories and organizations not associated with the Federal laboratories, to transfer technology from the Federal laboratories, and to advance State and local economic activity. “(B) The demonstration projects established under subparagraph (A) shall serve as model programs. Such projects shall be designed to develop programs and mechanisms for technology transfer from the Federal laboratories which may be utilized by the States and which will enhance Federal, State, and local programs for the transfer of technology.>br /> “(C) Application for such grants, awards, or agreements shall be in such form and contain such information as the Consortium or its designee shall specify. “(D) Any person who receives or utilizes any proceeds of a grant or award made, or agreement entered into, under this paragraph shall keep such records as the Consortium or its designee shall determine are necessary and appropriate to facilitate effective audit and evaluation, including records which fully disclose the amount and disposition of such proceeds and the total cost of the project in connection with which such proceeds were used.” Subsec. (i). Pub. L. 102-245, Sec. 303, added subsec. (i). 1989–Subsec. (b). Pub. L. 101-189 struck out “after September 30, 1981,” after “(2)”, substituted “sufficient funding, either as a separate line item or from the agency’s research and development budget,” for “not less than 0.5 percent of the agency’s research and development budget”, struck out “agency head may waive the requirement set forth in clause (2) of the preceding sentence. If the agency head waives such requirement, the” after “transfer process. The”, and substituted “agency’s technology transfer program for the preceding year and the agency’s plans for conducting its technology transfer function for the upcoming year, including plans for securing intellectual property rights in laboratory innovations with commercial promise and plans for managing such innovations so as to benefit the competitiveness of United States industry” for “reasons for the waiver and alternate plans for conducting the technology transfer function at the agency”. 1988–Subsec. (d)(6). Pub. L. 100-418, Sec. 5163(c)(3), added par. (6). Subsec. (e)(4). Pub. L. 100-418, Sec. 5115(b)(2), substituted “National Institute of Standards and Technology” for “National Bureau of Standards” and “Institute” for “Bureau”. Subsec. (e)(7)(A). Pub. L. 100-418, Sec. 5162(b), substituted “0.008 percent of the budget of each Federal agency from any Federal source, including related overhead, that is to be utilized by or on behalf of” for “0.005 percent of that portion of the research and development budget of each Federal agency that is to be utilized by”. Pub. L. 100-418, Sec. 5115(b)(2), substituted “National Institute of Standards and Technology” for “National Bureau of Standards” and “Institute” for “Bureau”. Subsec. (g)(1). Pub. L. 100-519, Sec. 201(d)(3), inserted reference to the Under Secretary. Subsec. (h). Pub. L. 100-519, Sec. 212(a)(4), struck out subsec. (h) which read as follows: “None of the activities or functions of the National Technical Information Service which are not performed by contractors as of September 30, 1987, shall be contracted out or otherwise transferred from the Federal Government unless such transfer is expressly authorized by statute, or unless the value of all work performed under the contract and related contracts in each fiscal year does not exceed $250,000.” Pub. L. 100-418, Sec. 5163(c)(1), added subsec. (h). 1986–Subsec. (a). Pub. L. 99-502, Sec. 4(a), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (b). Pub. L. 99-502, Sec. 4(b)(1), substituted “200 or more full-time equivalent scientific, engineering, and related technical positions shall provide one or more full-time equivalent positions” for “a total annual budget exceeding $20,000,000 shall provide at least one professional individual full-time”, inserted “Furthermore, individuals filling positions in an Office of Research and Technology Applications shall be included in the overall laboratory/agency management development program so as to ensure that highly competent technical managers are full participants in the technology transfer process.”, substituted “requirement set forth in clause (2) of the preceding sentence” for “requirements set forth in (1) and/or (2) of this subsection”, and substituted “such requirement” for “either requirement (1) or (2)”. Subsec. (c)(1). Pub. L. 99-502, Sec. 4(b)(2)(A), added par. (1) and struck out former par. (1) which read as follows: “to prepare an application assessment of each research and development project in which that laboratory is engaged which has potential for successful application in State or local government or in private industry;”. Subsec. (c)(3). Pub. L. 99-502, Sec. 4(b)(2)(B), substituted “the National Technical Information Service, the Federal Laboratory Consortium for Technology Transfer,” for “the Center for the Utilization of Federal Technology” and struck out “and” after the semicolon. Subsec. (c)(4). Pub. L. 99-502, Sec. 4(b)(2)(C), substituted “to State and local government officials; and” for “in response to requests from State and local government officials.”. Subsec. (c)(5). Pub. L. 99-502, Sec. 4(b)(2)(D), added par. (5). Subsec. (d). Pub. L. 99-502, Sec. 4(c)(1), substituted “The National Technical Information Service shall” for “There is hereby established in the Department of Commerce a Center for the Utilization of Federal Technology. The Center for the Utilization of Federal Technology shall” in introductory par. Subsec. (d)(2). Pub. L. 99-502, Sec. 4(c)(2), (3), redesignated par. (3) as (2) and struck out “existing” before “Federal Laboratory”. Former par. (2), which required the Center for the Utilization of Federal Technology to coordinate the activities of the Offices of Research and Technology Applications of the Federal laboratories, was struck out. Subsec. (d)(3). Pub. L. 99-502, Sec. 4(c)(4), added par. (3). Former par. (3) redesignated (2). Subsec. (d)(4). Pub. L. 99-502, Sec. 4(c)(4)-(6), redesignated par. (5) as (4) and substituted “subsection (c)(3)” for “subsection (c)(4)”. Former par. (4), which required the Center for the Utilization of Federal Technology to receive requests for technical assistance from State and local governments and refer those requests to the appropriate Federal laboratories, was struck out. Subsec. (d)(5), (6). Pub. L. 99-502, Sec. 4(c)(5), redesignated pars. (5) and (6) as (4) and (5), respectively. Subsecs. (e), (f). Pub. L. 99-502, Secs. 3, 4(d), added subsec. (e), redesignated former subsec. (e) as (f), substituted “report annually to the Congress, as part of the agency’s annual budget submission, on the activities” for “prepare biennially a report summarizing the activities”, and struck out “The report shall be transmitted to the Center for the Utilization of Federal Technology by November 1 of each year in which it is due.” Subsec. (g). Pub. L. 99-502, Sec. 5, added subsec. (g). Ex. Ord. No. 12591. Facilitating Access to Science and Technology, Apr. 10, 1987, 52 F.R. 13414, as amended by Ex.Ord. No. 12618, Dec. 22, 1987, 52 F.R. 48661, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including the Federal Technology Transfer Act of 1986 (Public Law 99-502) [see Short Title of 1986 Amendments note set out under section 3701 of this title], the Trademark Clarification Act of 1984 (Public Law 98-620) [see Short Title of 1984 Amendment note set out under section 1051 of this title], and the University and Small Business Patent Procedure Act of 1980 (Public Law 96-517) and in order to ensure that Federal agencies and laboratories assist universities and the private sector in broadening our technology base by moving new knowledge from the research laboratory into the development of new products and processes, it is hereby ordered as follows: Section 1. Transfer of Federally Funded Technology. (a) The head of each Executive department and agency, to the extent permitted by law, shall encourage and facilitate collaboration among Federal laboratories, State and local governments, universities, and the private sector, particularly small business, in order to assist in the transfer of technology to the marketplace. (b) The head of each Executive department and agency shall, within overall funding allocations and to the extent permitted by law: (1) delegate authority to its government-owned, government-operated Federal laboratories: (A) to enter into cooperative research and development agreements with other Federal laboratories, State and local governments, universities, and the private sector; and (B) to license, assign, or waive rights to intellectual property developed by the laboratory either under such cooperative research or development agreements and from within individual laboratories. (2) identify and encourage persons to act as conduits between and among Federal laboratories, universities, and the private sector for the transfer of technology developed from federally funded research and development efforts; (3) ensure that State and local governments, universities, and the private sector are provided with information on the technology, expertise, and facilities available in Federal laboratories; (4) promote the commercialization, in accord with my Memorandum to the Heads of Executive Departments and Agencies of February 18, 1983, of patentable results of federally funded research by granting to all contractors, regardless of size, the title to patents made in whole or in part with Federal funds, in exchange for royalty-free use by or on behalf of the government; (5) administer all patents and licenses to inventions made with federal assistance, which are owned by the non-profit contractor or grantee, in accordance with Section 202(c)(7) of Title 35 of the United States Code as amended by Public Law 98-620, without regard to limitations on licensing found in that section prior to amendment or in Institutional Patent Agreements now in effect that were entered into before that law was enacted on November 8, 1984, unless, in the case of an invention that has not been marketed, the funding agency determines, based on information in its files, that the contractor or grantee has not taken adequate steps to market the inventions, in accordance with applicable law or an Institutional Patent Agreement; (6) implement, as expeditiously as practicable, royalty-sharing programs with inventors who were employees of the agency at the time their inventions were made, and cash award programs; and (7) cooperate, under policy guidance provided by the Office of Federal Procurement Policy, with the heads of other affected departments and agencies in the development of a uniform policy permitting Federal contractors to retain rights to software, engineering drawings, and other technical data generated by Federal grants and contracts, in exchange for royalty-free use by or on behalf of the government. Sec. 2. Establishment of the Technology Share Program. The Secretaries of Agriculture, Commerce, Energy, and Health and Human Services and the Administrator of the National Aeronautics and Space Administration shall select one or more of their Federal laboratories to participate in the Technology Share Program. Consistent with its mission and policies and within its overall funding allocation in any year, each Federal laboratory so selected shall: (a) Identify areas of research and technology of potential importance to long-term national economic competitiveness and in which the laboratory possesses special competence and/or unique facilities; (b) Establish a mechanism through which the laboratory performs research in areas identified in Section 2(a) as a participant of a consortium composed of United States industries and universities. All consortia so established shall have, at a minimum, three individual companies that conduct the majority of their business in the United States; and (c) Limit its participation in any consortium so established to the use of laboratory personnel and facilities. However, each laboratory may also provide financial support generally not to exceed 25 percent of the total budget for the activities of the consortium. Such financial support by any laboratory in all such consortia shall be limited to a maximum of $5 million per annum. Sec. 3. Technology Exchange–Scientists and Engineers. The Executive Director of the President’s Commission on Executive Exchange shall assist Federal agencies, where appropriate, by developing and implementing an exchange program whereby scientists and engineers in the private sector may take temporary assignments in Federal laboratories, and scientists and engineers in Federal laboratories may take temporary assignments in the private sector. sec. 4. International Science and Technology. In order to ensure that the United States benefits from and fully exploits scientific research and technology developed abroad, (a) The head of each Executive department and agency, when negotiating or entering into cooperative research and development agreements and licensing arrangements with foreign persons or industrial organizations (where these entities are directly or indirectly controlled by a foreign company or government), shall, in consultation with the United States Trade Representative, give appropriate consideration: (1) to whether such foreign companies or governments permit and encourage United States agencies, organizations, or persons to enter into cooperative research and development agreements and licensing arrangements on a comparable basis; (2) to whether those foreign governments have policies to protect the United States intellectual property rights; and (3) where cooperative research will involve data, technologies, or products subject to national security export controls under the laws of the United States, to whether those foreign governments have adopted adequate measures to prevent the transfer of strategic technology to destinations prohibited under such national security export controls, either through participation in the Coordinating Committee for Multilateral Export Controls (COCOM) or through other international agreements to which the United States and such foreign governments are signatories. (b) The Secretary of State shall develop a recruitment policy that encourages scientists and engineers from other Federal agencies, academic institutions, and industry to apply for assignments in embassies of the United States; and (c) The Secretaries of State and Commerce and the Director of the National Science Foundation shall develop a central mechanism for the prompt and efficient dissemination of science and technology information developed abroad to users in Federal laboratories, academic institutions, and the private sector on a fee-for-service basis. Sec. 5. Technology Transfer from the Department of Defense. Within 6 months of the date of this Order [Apr. 10, 1987], the Secretary of Defense shall identify a list of funded technologies that would be potentially useful to United States industries and universities. The Secretary shall then accelerate efforts to make these technologies more readily available to United States industries and universities. Sec. 6. Basic Science and Technology Centers. The head of each Executive department and agency shall examine the potential for including the establishment of university research centers in engineering, science, or technology in the strategy and planning for any future research and development programs. Such university centers shall be jointly funded by the Federal Government, the private sector, and, where appropriate, the States and shall focus on areas of fundamental research and technology that are both scientifically promising and have the potential to contribute to the Nation’s long-term economic competitiveness. Sec. 7. Reporting Requirements. (a) Within 1 year from the date of this Order [Apr. 10, 1987], the Director of the Office of Science and Technology Policy shall convene an interagency task force comprised of the heads of representative agencies and the directors of representative Federal laboratories, or their designees, in order to identify and disseminate creative approaches to technology transfer from Federal laboratories. The task force will report to the President on the progress of and problems with technology transfer from Federal laboratories. (b) Specifically, the report shall include: (1) a listing of current technology transfer programs and an assessment of the effectiveness of these programs; (2) identification of new or creative approaches to technology transfer that might serve as model programs for Federal laboratories; (3) criteria to assess the effectiveness and impact on the Nation’s economy of planned or future technology transfer efforts; and (4) a compilation and assessment of the Technology Share Program established in Section 2 and, where appropriate, related cooperative research and development venture programs. Sec. 8. Relation to Existing Law. Nothing in this Order shall affect the continued applicability of any existing laws or regulations relating to the transfer of United States technology to other nations. The head of any Executive department or agency may exclude from consideration, under this Order, any technology that would be, if transferred, detrimental to the interests of national security. Ronald Reagan. View the full article

42 USC Sec. 14715 Sec. 14715. Sources of Earth Science data (a) Acquisition The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the National Aeronautics and Space Administration, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost-effective, space-based and airborne Earth remote sensing data, services, distribution, and applications from a commercial provider. (b) Treatment as commercial item under acquisition laws Acquisitions by the Administrator of the data, services, distribution, and applications referred to in subsection (a) of this section shall be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10). For purposes of such law and regulations, such data, services, distribution, and applications shall be considered to be a commercial item. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities. (c) Study (1) The Administrator shall conduct a study to determine the extent to which the baseline scientific requirements of Earth Science can be met by commercial providers, and how the National Aeronautics and Space Administration will meet such requirements which cannot be met by commercial providers. (2) The study conducted under this subsection shall – (A) make recommendations to promote the availability of information from the National Aeronautics and Space Administration to commercial providers to enable commercial providers to better meet the baseline scientific requirements of Earth Science; (B) make recommendations to promote the dissemination to commercial providers of information on advanced technology research and development performed by or for the National Aeronautics and Space Administration; and (C) identify policy, regulatory, and legislative barriers to the implementation of the recommendations made under this subsection. (3) The results of the study conducted under this subsection shall be transmitted to the Congress within 6 months after October 28, 1998. (d) Safety standards Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. (e) Administration and execution This section shall be carried out as part of the Commercial Remote Sensing Program at the Stennis Space Center. -SOURCE- (Pub. L. 105-303, title I, Sec. 107, Oct. 28, 1998, 112 Stat. 2853.) -COD- CODIFICATION Section is comprised of section 107 of Pub. L. 105-303. Subsec. (f) of section 107 of Pub. L. 105-303 amended sections 5621 and 5622 of Title 15, Commerce and Trade. View the full article

Sec. 7. Special maritime and territorial jurisdiction of the United States defined The term “special maritime and territorial jurisdiction of the United States”, as used in this title, includes: (1) The high seas, any other waters within the admirALTy and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admirALTy and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. (2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line. (3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building. (4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States. (5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, district, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admirALTy and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. (6) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard. (7) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States. (8) To the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States. (June 25, 1948, ch. 645, 62 Stat. 685; July 12, 1952, ch. 695, 66 Stat. 589; Dec. 21, 1981, Pub. L. 97-96, Sec. 6, 95 Stat. 1210; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 1210, 98 Stat. 2164; Sept. 13, 1994, Pub. L. 103-322, title XII, Sec. 120002, 108 Stat. 2021 View the full article

SUBCHAPTER I – LANDSAT Sec. 5601. Findings The Congress finds and declares the following: (1) The continuous collection and utilization of land remote sensing data from space are of major benefit in studying and understanding human impacts on the global environment, in managing the Earth’s natural resources, in carrying out national security functions, and in planning and conducting many other activities of scientific, economic, and social importance. (2) The Federal Government’s Landsat system established the United States as the world leader in land remote sensing technology. (3) The national interest of the United States lies in maintaining international leadership in satellite land remote sensing and in broadly promoting the beneficial use of remote sensing data. (4) The cost of Landsat data has impeded the use of such data for scientific purposes, such as for global environmental change research, as well as for other public sector applications. (5) Given the importance of the Landsat program to the United States, urgent actions, including expedited procurement procedures, are required to ensure data continuity. (6) Full commercialization of the Landsat program cannot be achieved within the foreseeable future, and thus should not serve as the near-term goal of national policy on land remote sensing; however, commercialization of land remote sensing should remain a long-term goal of United States policy. (7) Despite the success and importance of the Landsat system, funding and organizational uncertainties over the past several years have placed its future in doubt and have jeopardized United States leadership in land remote sensing. (8) Recognizing the importance of the Landsat program in helping to meet national and commercial objectives, the President approved, on February 11, 1992, a National Space Policy Directive which was developed by the National Space Council and commits the United States to ensuring the continuity of Landsat coverage into the 21st century. (9) Because Landsat data are particularly important for national security purposes and global environmental change research, management responsibilities for the program should be transferred from the Department of Commerce to an integrated program management involving the Department of Defense and the National Aeronautics and Space Administration. (10) Regardless of management responsibilities for the Landsat program, the Nation’s broad civilian, national security, commercial, and foreign policy interests in remote sensing will best be served by ensuring that Landsat remains an unclassified program that operates according to the principles of open skies and nondiscriminatory access. (11) Technological advances aimed at reducing the size and weight of satellite systems hold the potential for dramatic reductions in the cost, and substantial improvements in the capabilities, of future land remote sensing systems, but such technological advances have not been demonstrated for land remote sensing and therefore cannot be relied upon as the sole means of achieving data continuity for the Landsat program. (12) A technology demonstration program involving advanced remote sensing technologies could serve a vital role in determining the design of a follow-on spacecraft to Landsat 7, while also helping to determine whether such a spacecraft should be funded by the United States Government, by the private sector, or by an international consortium. (13) To maximize the value of the Landsat program to the American public, unenhanced Landsat 4 through 6 data should be made available, at a minimum, to United States Government agencies, to global environmental change researchers, and to other researchers who are financially supported by the United States Government, at the cost of fulfilling user requests, and unenhanced Landsat 7 data should be made available to all users at the cost of fulfilling user requests. (14) To stimulate development of the commercial market for unenhanced data and value-added services, the United States Government should adopt a data policy for Landsat 7 which allows competition within the private sector for distribution of unenhanced data and value-added services. (15) Development of the remote sensing market and the provision of commercial value-added services based on remote sensing data should remain exclusively the function of the private sector. (16) It is in the best interest of the United States to maintain a permanent, comprehensive Government archive of global Landsat and other land remote sensing data for long-term monitoring and study of the changing global environment. (Pub. L. 102-555, Sec. 2, Oct. 28, 1992, 106 Stat. 4163.) Land Remote Sensing Policy Act of 1992 Short Title: Section 1 of Pub. L. 102-555 provided that: “This Act [enacting this chapter and repealing chapter 68 (Sec. 4201 et seq.) of this title] may be cited as the `Land Remote Sensing Policy Act of 1992′.” Sec. 5602. Definitions In this chapter, the following definitions apply: (1) The term ”Administrator” means the Administrator of the National Aeronautics and Space Administration. (2) The term ”cost of fulfilling user requests” means the incremental costs associated with providing product generation, reproduction, and distribution of unenhanced data in response to user requests and shall not include any acquisition, amortization, or depreciation of capital assets originally paid for by the United States Government or other costs not specifically attributable to fulfilling user requests. (3) The term ”data continuity” means the continued acquisition and availability of unenhanced data which are, from the point of view of the user (A) sufficiently consistent (in terms of acquisition geometry, coverage characteristics, and spectral characteristics) with previous Landsat data to allow comparisons for global and regional change detection and characterization; and (B) compatible with such data and with methods used to receive and process such data. (4) The term ”data preprocessing” may include – (A) rectification of system and sensor distortions in land remote sensing data as it is received directly from the satellite in preparation for delivery to a user; (B) registration of such data with respect to features of the Earth; and (C) calibration of spectral response with respect to such data, but does not include conclusions, manipulations, or calculations derived from such data, or a combination of such data with other data. (5) The term ”land remote sensing” means the collection of data which can be processed into imagery of surface features of the Earth from an unclassified satellite or satellites, other than an operational United States Government weather satellite. (6) The term ”Landsat Program Management” means the integrated program management structure – (A) established by, and responsible to, the Administrator and the Secretary of Defense pursuant to section 5611(a) of this title; and (B) consisting of appropriate officers and employees of the National Aeronautics and Space Administration, the Department of Defense, and any other United States Government agencies the President designates as responsible for the Landsat program. (7) The term ”Landsat system” means Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote sensing system operated and owned by the United States Government, along with any related ground equipment, systems, and facilities owned by the United States Government. (8) The term ”Landsat 6 contractor” means the private sector entity which was awarded the contract for spacecraft construction, operations, and data marketing rights for the Landsat 6 spacecraft. (9) The term ”Landsat 7” means the follow-on satellite to Landsat 6. (10) The term ”National Satellite Land Remote Sensing Data Archive” means the archive established by the Secretary of the Interior pursuant to the archival responsibilities defined in section 5652 of this title. (11) The term ”noncommercial purposes” refers to those activities undertaken by individuals or entities on the condition, upon receipt of unenhanced data, that – (A) such data shall not be used in connection with any bid for a commercial contract, development of a commercial product, or any other non-United States Government activity that is expected, or has the potential, to be profitmaking; (B) the results of such activities are disclosed in a timely and complete fashion in the open technical literature or other method of public release, except when such disclosure by the United States Government or its contractors would adversely affect the national security or foreign policy of the United States or violate a provision of law or regulation; and (C) such data shall not be distributed in competition with unenhanced data provided by the Landsat 6 contractor. (12) The term ”Secretary” means the Secretary of Commerce. (13) The term ”unenhanced data” means land remote sensing signals or imagery products that are unprocessed or subject only to data preprocessing. (14) The term ”United States Government and its affiliated users” means – (A) United States Government agencies; (B) researchers involved with the United States Global Change Research Program and its international counterpart programs; and (C) other researchers and international entities that have signed with the United States Government a cooperative agreement involving the use of Landsat data for noncommercial purposes. (Pub. L. 102-555, Sec. 3, Oct. 28, 1992, 106 Stat. 4164.) Sec. 5611. Landsat Program Management (a) Establishment The Administrator and the Secretary of Defense shall be responsible for management of the Landsat program. Such responsibility shall be carried out by establishing an integrated program management structure for the Landsat system. (b) Management plan The Administrator, the Secretary of Defense, and any other United States Government official the President designates as responsible for part of the Landsat program, shall establish, through a management plan, the roles, responsibilities, and funding expectations for the Landsat Program (FOOTNOTE 1) of the appropriate United States Government agencies. The management plan shall – (FOOTNOTE 1) So in original. Probably should not be capitalized. (1) specify that the fundamental goal of the Landsat Program Management is the continuity of unenhanced Landsat data through the acquisition and operation of a Landsat 7 satellite as quickly as practicable which is, at a minimum, functionally equivalent to the Landsat 6 satellite, with the addition of a tracking and data relay satellite communications capability; (2) include a baseline funding profile that – (A) is mutually acceptable to the National Aeronautics and Space Administration and the Department of Defense for the period covering the development and operation of Landsat 7; and (B) provides for total funding responsibility of the National Aeronautics and Space Administration and the Department of Defense, respectively, to be approximately equal to the funding responsibility of the other as spread across the development and operational life of Landsat 7; (3) specify that any improvements over the Landsat 6 functional equivalent capability for Landsat 7 will be funded by a specific sponsoring agency or agencies, in a manner agreed to by the Landsat Program Management, if the required funding exceeds the baseline funding profile required by paragraph (2), and that additional improvements will be sought only if the improvements will not jeopardize data continuity; and (4) provide for a technology demonstration program whose objective shall be the demonstration of advanced land remote sensing technologies that may potentially yield a system which is less expensive to build and operate, and more responsive to data users, than is the current Landsat system. (c) Responsibilities The Landsat Program Management shall be responsible for – (1) Landsat 7 procurement, launch, and operations; (2) ensuring that the operation of the Landsat system is responsive to the broad interests of the civilian, national security, commercial, and foreign users of the Landsat system; (3) ensuring that all unenhanced Landsat data remain unclassified and that, except as provided in section 5656(a) and (b) of this title, no restrictions are placed on the availability of unenhanced data; (4) ensuring that land remote sensing data of high priority locations will be acquired by the Landsat 7 system as required to meet the needs of the United States Global Change Research Program, as established in the Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.), and to meet the needs of national security users; (5) Landsat data responsibilities pursuant to this chapter; (6) oversight of Landsat contracts entered into under sections 5612 and 5613 of this title; (7) coordination of a technology demonstration program, pursuant to section 5633 of this title; and (8) ensuring that copies of data acquired by the Landsat system are provided to the National Satellite Land Remote Sensing Data Archive. (d) Authority to contract The Landsat Program Management may, subject to appropriations and only under the existing contract authority of the United States Government agencies that compose the Landsat Program Management, enter into contracts with the private sector for services such as, but not limited to, satellite operations and data preprocessing. (e) Landsat advisory process (1) Establishment The Landsat Program Management shall seek impartial advice and comments regarding the status, effectiveness, and operation of the Landsat system, using existing advisory committees and other appropriate mechanisms. Such advice shall be sought from individuals who represent – (A) a broad range of perspectives on basic and applied science and operational needs with respect to land remote sensing data; (B) the full spectrum of users of Landsat data, including representatives from United States Government agencies, State and local government agencies, academic institutions, nonprofit organizations, value-added companies, the agricultural, mineral extraction, and other user industries, and the public, and (C) a broad diversity of age groups, sexes, and races. (2) Reports Within 1 year after October 28, 1992, and biennially thereafter, the Landsat Program Management shall prepare and submit a report to the Congress which – (A) reports the public comments received pursuant to paragraph (1); and (B) includes – (i) a response to the public comments received pursuant to paragraph (1); (ii) information on the volume of use, by category, of data from the Landsat system; and (iii) any recommendations for policy or programmatic changes to improve the utility and operation of the Landsat system. (Pub. L. 102-555, title I, Sec. 101, Oct. 28, 1992, 106 Stat. 4166.) References in Text The Global Change Research Act of 1990, referred to in subsec. (c)(4), is Pub. L. 101-606, Nov. 16, 1990, 104 Stat. 3096, which is classified generally to chapter 56A (Sec. 2921 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2921 of this title and Tables. Landsat Remote-Sensing Satellite Program. Pub. L. 103-139, title VIII, Sec. 8060, Nov. 11, 1993, 107 Stat. 1453, authorized Department of Defense to develop and procure the Landsat 7 vehicle, prior to repeal by Pub. L. 103-335, title VIII, Sec. 8051, Sept. 30, 1994, 108 Stat. 2629. Similar provisions were contained in the following prior acts: Pub. L. 102-484, div. A, title II, Sec. 243, Oct. 23, 1992, 106 Stat. 2360, as amended by Pub. L. 103-35, title II, Sec. 202(a)(3), May 31, 1993, 107 Stat. 101. Pub. L. 102-396, title IX, Sec. 9082A, Oct. 6, 1992, 106 Stat. 1920. Sec. 5612. Procurement of Landsat 7 (a) Contract negotiations The Landsat Program Management shall, subject to appropriations and only under the existing contract authority of the United States Government agencies that compose the Landsat Program Management, expeditiously contract with a United States private sector entity for the development and delivery of Landsat 7. (b) Development and delivery consideration In negotiating a contract under this section for the development and delivery of Landsat 7, the Landsat Program Management shall – (1) seek, as a fundamental objective, to have Landsat 7 operational by the expected end of the design life of Landsat 6; (2) seek to ensure data continuity by the development and delivery of a satellite which is, at a minimum, functionally equivalent to the Landsat 6 satellite; and (3) seek to incorporate in Landsat 7 any performance improvements required to meet United States Government needs that would not jeopardize data continuity. (c) Notification of cost and schedule changes The Landsat Program Management shall promptly notify the Congress of any significant deviations from the expected cost, delivery date, and launch date of Landsat 7, that are specified by the Landsat Program Management upon award of the contract under this section. (d) United States private sector entities The Landsat Program Management shall, for purposes of this chapter, define the term ”United States private sector entities”, taking into account the location of operations, assets, personnel, and other such factors. (Pub. L. 102-555, title I, Sec. 102, Oct. 28, 1992, 106 Stat. 4168.) Sec. 5613. Data policy for Landsat 4 through 6 (a) Contract negotiations Within 30 days after October 28, 1992, the Landsat Program Management shall enter into negotiations with the Landsat 6 contractor to formalize an arrangement with respect to pricing, distribution, acquisition, archiving, and availability of unenhanced data for which the Landsat 6 contractor has responsibility under its contract. Such arrangement shall provide for a phased transition to a data policy consistent with the Landsat 7 data policy (developed pursuant to section 5615 of this title) by the date of initial operation of Landsat 7. Conditions of the phased arrangement should require that the Landsat 6 contractor adopt provisions so that by the final phase of the transition period – (1) such unenhanced data shall be provided, at a minimum, to the United States Government and its affiliated users at the cost of fulfilling user requests, on the condition that such unenhanced data are used solely for noncommercial purposes; (2) instructional data sets, selected from the Landsat data archives, will be made available to educational institutions exclusively for noncommercial, educational purposes at the cost of fulfilling user requests; (3) Landsat data users are able to acquire unenhanced data contained in the collective archives of foreign ground stations as easily and affordably as practicable; (4) adequate data necessary to meet the needs of global environmental change researchers and national security users are acquired; (5) the United States Government and its affiliated users shall not be prohibited from reproduction or dissemination of unenhanced data to other agencies of the United States Government and other affiliated users, on the condition that such unenhanced data are used solely for noncommercial purposes; (6) nonprofit, public interest entities receive vouchers, data grants, or other such means of providing them with unenhanced data at the cost of fulfilling user requests, on the condition that such unenhanced data are used solely for noncommercial purposes; (7) a viable role for the private sector in the promotion and development of the commercial market for value added and other services using unenhanced data from the Landsat system is preserved; and (8) unenhanced data from the Landsat system are provided to the National Satellite Land Remote Sensing Data Archive at no more than the cost of fulfilling user requests. (b) Failure to reach agreement If negotiations under subsection (a) of this section have not, by September 30, 1993, resulted in an agreement that the Landsat Program Management determines generally achieves the goals stated in subsection (b)(1) through (8) of this section, the Administrator and the Secretary of Defense shall, within 30 days after the date of such determination, jointly certify and report such determination to the Congress. The report shall include a review of options and projected costs for achieving such goals, and shall include recommendations for achieving such goals. The options reviewed shall include – (1) retaining the existing or modified contract with the Landsat 6 contractor; (2) the termination of existing contracts for the exclusive right to market unenhanced Landsat data; and (3) the establishment of an Alternative private sector mechanism for the marketing and commercial distribution of such data. (Pub. L. 102-555, title I, Sec. 103, Oct. 28, 1992, 106 Stat. 4168.) Sec. 5614. Transfer of Landsat 6 program responsibilities The responsibilities of the Secretary with respect to Landsat 6 shall be transferred to the Landsat Program Management, as agreed to between the Secretary and the Landsat Program Management, pursuant to section 5611 of this title. (Pub. L. 102-555, title I, Sec. 104, Oct. 28, 1992, 106 Stat. 4170.) Sec. 5615. Data policy for Landsat 7 (a) Landsat 7 data policy The Landsat Program Management, in consultation with other appropriate United States Government agencies, shall develop a data policy for Landsat 7 which should – (1) ensure that unenhanced data are available to all users at the cost of fulfilling user requests; (2) ensure timely and dependable delivery of unenhanced data to the full spectrum of civilian, national security, commercial, and foreign users and the National Satellite Land Remote Sensing Data Archive; (3) ensure that the United States retains ownership of all unenhanced data generated by Landsat 7; (4) support the development of the commercial market for remote sensing data; (5) ensure that the provision of commercial value-added services based on remote sensing data remains exclusively the function of the private sector; and (6) to the extent possible, ensure that the data distribution system for Landsat 7 is compatible with the Earth Observing System Data and Information System. (b) Additional data policy considerations In addition, the data policy for Landsat 7 may provide for – (1) United States private sector entities to operate ground receiving stations in the United States for Landsat 7 data; (2) other means for direct access by private sector entities to unenhanced data from Landsat 7; and (3) the United States Government to charge a per image fee, license fee, or other such fee to entities operating ground receiving stations or distributing Landsat 7 data. (c) Landsat 7 Data Policy Plan Not later than July 15, 1994, the Landsat Program Management shall develop and submit to Congress a report that contains a Landsat 7 Data Policy Plan. This plan shall define the roles and responsibilities of the various public and private sector entities distribution, and archiving of Landsat 7 data and in operations of the Landsat 7 spacecraft. (d) Reports Not later than 12 months after submission of the Landsat 7 Data Policy Plan, required by subsection (c) of this section, and annually thereafter until the launch of Landsat 7, the Landsat Program Management, in consultation with representatives of appropriate United States Government agencies, shall prepare and submit a report to the Congress which – (1) provides justification for the Landsat 7 data policy in terms of the civilian, national security, commercial, and foreign policy needs of the United States; and (2) provides justification for any elements of the Landsat 7 data policy which are not consistent with the provisions of subsection (a) of this section. (Pub. L. 102-555, title I, Sec. 105, Oct. 28, 1992, 106 Stat. 4170.) SUBCHAPTER III – RESEARCH, DEVELOPMENT, AND DEMONSTRATION Sec. 5631. Continued Federal research and development (a) Roles of NASA and Department of Defense (1) The Administrator and the Secretary of Defense are directed to continue and to enhance programs of remote sensing research and development. (2) The Administrator is authorized and encouraged to – (A) conduct experimental space remote sensing programs (including applications demonstration programs and basic research at universities); (B) develop remote sensing technologies and techniques, including those needed for monitoring the Earth and its environment; and (C) conduct such research and development in cooperation with other United States Government agencies and with public and private research entities (including private industry, universities, non-profit organizations, State and local governments, foreign governments, and international organizations) and to enter into arrangements (including joint ventures) which will foster such cooperation. (b) Roles of Department of Agriculture and Department of the Interior (1) In order to enhance the ability of the United States to manage and utilize its renewable and nonrenewable resources, the Secretary of Agriculture and the Secretary of the Interior are authorized and encouraged to conduct programs of research and development in the applications of remote sensing using funds appropriated for such purposes. (2) Such programs may include basic research at universities, demonstrations of applications, and cooperative activities involving other Government agencies, private sector parties, and foreign and international organizations. (c) Role of other Federal agencies Other United States Government agencies are authorized and encouraged to conduct research and development on the use of remote sensing in the fulfillment of their authorized missions, using funds appropriated for such purposes. (Pub. L. 102-555, title III, Sec. 301, Oct. 28, 1992, 106 Stat. 4174.) Sec. 5632. Availability of federally gathered unenhanced data (a) General rule All unenhanced land remote sensing data gathered and owned by the United States Government, including unenhanced data gathered under the technology demonstration program carried out pursuant to section 5633 of this title, shall be made available to users in a timely fashion. (b) Protection for commercial data distributor The President shall seek to ensure that unenhanced data gathered under the technology demonstration program carried out pursuant to section 5633 of this title shall, to the extent practicable, be made available on terms that would not adversely affect the commercial market for unenhanced data gathered by the Landsat 6 spacecraft. (Pub. L. 102-555, title III, Sec. 302, Oct. 28, 1992, 106 Stat. 4174.) Sec. 5633. Technology demonstration program (a) Establishment As a fundamental component of a national land remote sensing strategy, the President shall establish, through appropriate United States Government agencies, a technology demonstration program. The goals of such programs shall be to – (1) seek to launch advanced land remote sensing system components within 5 years after October 28, 1992; (2) demonstrate within such 5-year period advanced sensor capabilities suitable for use in the anticipated land remote sensing program; and (3) demonstrate within such 5-year period an advanced land remote sensing system design that could be less expensive to procure and operate than the Landsat system projected to be in operation through the year 2000, and that therefore holds greater potential for private sector investment and control. (b) Execution of program In executing the technology demonstration program, the President shall seek to apply technologies associated with United States National Technical Means of intelligence gathering, to the extent that such technologies are appropriate for the technology demonstration and can be declassified for such purposes without causing adverse harm to United States national security interests. (c) Broad application To the greatest extent practicable, the technology demonstration program established under subsection (a) of this section shall be designed to be responsive to the broad civilian, national security, commercial, and foreign policy needs of the United States. (d) Private sector funding The technology demonstration program under this section may be carried out in part with private sector funding. (e) Landsat Program Management coordination The Landsat Program Management shall have a coordinating role in the technology demonstration program carried out under this section. (f) Report to Congress The President shall assess the progress of the technology demonstration program under this section and, within 2 years after October 28, 1992, submit a report to the Congress on such progress. (Pub. L. 102-555, title III, Sec. 303, Oct. 28, 1992, 106 Stat. 4174.) SUBCHAPTER IV – ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENSING SYSTEM Sec. 5641. Assessing options for successor land remote sensing system (a) Assessment Within 5 years after October 28, 1992, the Landsat Program Management, in consultation with representatives of appropriate United States Government agencies, shall assess and report to the Congress on the options for a successor land remote sensing system to Landsat 7. The report shall include a full assessment of the advantages and disadvantages of – (1) private sector funding and management of a successor land remote sensing system; (2) establishing an international consortium for the funding and management of a successor land remote sensing system; (3) funding and management of a successor land remote sensing system by the United States Government; and (4) a cooperative effort between the United States Government and the private sector for the funding and management of a successor land remote sensing system. (b) Goals In carrying out subsection (a) of this section, the Landsat Program Management shall consider the ability of each of the options to – (1) encourage the development, launch, and operation of a land remote sensing system that adequately serves the civilian, national security commercial, and foreign policy interests of the United States; (2) encourage the development, launch, and operation of a land remote sensing system that maintains data continuity with the Landsat system; and (3) incorporate system enhancements, including any such enhancements developed under the technology demonstration program under section 5633 of this title, which may potentially yield a system that is less expensive to build and operate, and more responsive to data users, than is the Landsat system projected to be in operation through the year 2000. (c) Preference for private sector system If a successor land remote sensing system to Landsat 7 can be funded and managed by the private sector while still achieving the goals stated in subsection (b) of this section without jeopardizing the domestic, national security, and foreign policy interests of the United States, preference should be given to the development of such a system by the private sector without competition from the United States Government. (Pub. L. 102-555, title IV, Sec. 401, Oct. 28, 1992, 106 Stat. 4175.) View the full article

50 U.S.C. CHAPTER 20 – WIND TUNNELS SUBCHAPTER I – CONSTRUCTION OF WIND-TUNNEL FACILITIES Sec. 511. Joint development of unitary plan for construction of facilities; construction at educational institutions. Sec. 512. Limitation on cost of construction and equipment; vesting of title to facilities. Sec. 513. Expansion of existing facilities; appropriations; testing of models. Sec. 514. Expansion of facilities at Carderock, Maryland. Sec. 515. Reports to Congress. SUBCHAPTER II – AIR ENGINEERING DEVELOPMENT CENTER Sec. 521. Establishment; construction, maintenance, and operation of public works and wind tunnels. Sec. 522. Acquisition of lands; advance payments for construction. Sec. 523. Employment of civilian personnel. Sec. 524. Authorization of appropriations. (Oct. 27, 1949, ch. 766, title I, Sec. 101, 63 Stat. 936; July 29, 1958, Pub. L. 85-568, title III, Sec. 301(d)(1), (2), 72 Stat. 433.) Sec. 511. Joint development of unitary plan for construction of facilities; construction at educational institutions The Administrator of the National Aeronautics and Space Administration (hereinafter referred to as the ”Administrator”) and the Secretary of Defense are authorized and directed jointly to develop a unitary plan for the construction of transsonic and supersonic wind-tunnel facilities for the solution of research, development, and evaluation problems in aeronautics, including the construction of facilities at educational institutions within the continental limits of the United States for training and research in aeronautics, and to revise the uncompleted portions of the unitary plan from time to time to accord with changes in national defense requirements and scientific and technical advances. The Administrator and the Secretaries of the Army, the Navy, and the Air Force are authorized to proceed with the construction and equipment of facilities in implementation of the unitary plan to the extent permitted by appropriations pursuant to existing authority and the authority contained in this chapter. Any further implementation of the unitary plan shall be subject to such additional authorizations as may be approved by Congress. Sec. 512. Limitation on cost of construction and equipment; vesting of title to facilities The Administrator is authorized, in implementation of the unitary plan, to construct and equip transsonic or supersonic wind tunnels of a size, design and character adequate for the efficient conduct of experimental work in support of long-range fundamental research at educational institutions within the continental United States, to be selected by the Administrator, or to enter into contracts with such institutions to provide for such construction and equipment, at a total cost not to exceed $10,000,000: Provided, That the Administrator may, in his discretion, after consultation with the Committees on Armed Services of both Houses of the Congress, vest title to the facilities completed pursuant to this section in such educational institutions under such terms and conditions as may be deemed in the best interests of the United States. Sec. 513. Expansion of existing facilities; appropriations; testing of models (a) The Administrator is authorized to expand the facilities at his existing laboratories by the construction of additional supersonic wind tunnels, including buildings, equipment, and accessory construction, and by the acquisition of land and installation of utilities. (b) There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this section, but not to exceed $136,000,000. (c) The facilities authorized by this section shall be operated and staffed by the Administrator but shall be available primarily to industry for testing experimental models in connection with the development of aircraft and missiles. Such tests shall be scheduled and conducted in accordance with industry’s requirements and allocation of laboratory time shall be made in accordance with the public interest, with proper emphasis upon the requirements of each military service and due consideration of civilian needs. Sec. 515. Reports to Congress The Administrator shall submit semi-annual written reports to the Congress covering the selection of institutions and contracts entered into pursuant to section 512 of this title together with other pertinent information relative to the Administrator’s activities and accomplishments thereunder. US Code as of: 01/26/98 View the full article

Sec. 1905. Disclosure of confidential information generally Whoever, being an officer or employee of the United States or of any department or agency thereof, any person acting on behalf of the Office of Federal Housing Enterprise Oversight, or agent of the Department of Justice as defined in the Antitrust Civil Process Act (15 U.S.C. 1311- 1314), or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined not more than $1,000, or imprisoned not more than one year, or both; and shall be removed from office or employment. (June 25, 1948, ch. 645, 62 Stat. 791; Sept. 12, 1980, Pub. L. 96-349, Sec. 7(b), 94 Stat. 1158; Oct. 28, 1992, Pub. L. 102-550, title XIII, Sec. 1353, 106 Stat. 3970.) View the full article

Fees and charges for Government services and things of value (a) It is the sense of Congress that each service or thing of value provided by an agency (except a mixed-ownership Government corporation) to a person (except a person on official business of the United States Government) is to be self-sustaining to the extent possible. (b) The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be – (1) fair; and (2) based on – (A) the costs to the Government; (B) the value of the service or thing to the recipient; (C) public policy or interest served; and (D) other relevant facts. (c) This section does not affect a law of the United States – (1) prohibiting the determination and collection of charges and the disposition of those charges; and (2) prescribing bases for determining charges, but a charge may be redetermined under this section consistent with the prescribed bases. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1051.) MISC1- Historical and Revision Notes- Revised Section Source (U.S. Code) Source (Statutes at Large) 9701 31:483a. Aug. 31, 1951, ch. 376, Sec. 501, 65 Stat. 290. In the section, the words ”agency (except a mixed-ownership Government corporation)” are substituted for ”Federal agency (including wholly owned Government corporations as defined in the Government Corporation Control Act of 1945 (31 U.S.C. 841 et seq.)” because of section 101 of the revised title and for consistency. In subsection (a), the words ”each service or thing of value provided” are substituted for ”any work, service, publication, report, document, benefit, privilege, authority, use, franchise, license, permit, certificate, registration or similar thing of value or utility performed, furnished, provided, granted, prepared, or issued” for consistency and to eliminate unnecessary words. The words ”(including groups, associations, organizations, partnerships, corporations, or businesses)” are omitted as being included in ”person” under 1:1. In subsection (b), before clause (1), the words ”may prescribe regulations establishing the charge for a service or thing of value provided by the agency” are substituted for ”is authorized by regulation . . . to prescribe therefor such fee, charge, or price, if any, as he shall determine, in case none exists, or redetermine, in case of any existing one” for consistency, to eliminate unnecessary words, and because of the restatement. In clause (1), the words ”and equitable” are omitted as being included in ”fair”. In clause (2)(A), the words ”direct and indirect” are omitted as surplus. In clause (2)(B), the words ”of the service or thing” are added for clarity. In clause (2)(D), the words ”and anyamount so determined or redetermined shall be collected and paid into the Treasury as miscellaneous receipts” are omitted as unnecessary because of section 3302(a) of this title. Subsection (c) is substituted for 31:483a(provisos) for clarity and to eliminate unnecessary words. SHORT TITLE OF 1992 AMENDMENT Pub. L. 102-393, title VI, Sec. 638(a), Oct. 6, 1992, 106 Stat. 1779, provided that: ”This section (enacting section 9703 of this title and amending sections 981 and 982 of Title 18, Crimes and Criminal Procedure, section 1509 of Title 21, Food and Drugs, section 524 of Title 28, Judiciary and Judicial Procedure, and section 2003 of Title 39, Postal Service) may be cited as the ‘Treasury Forfeiture Fund Act of 1992’.” -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 2242a; title 8 section 1455; title 12 section 78n; title 14 section 664; title 16 sections 222, 746a, 1862; title 19 section 58c; title 28 section 1828; title 33 section 2607; title 42 sections 2201, 2214, 4370c, 7552; title 46 sections 2110, 12505; title 49 section 13908. View the full article

(a) Definition of Space Science Data.–In this section, the term “space science data” includes scientific data concerning– (1) the elemental and mineralogical resources of the moon, asteroids, planets and their moons, and comets; (2) microgravity acceleration; and (3) solar storm monitoring. (b) Acquisition From Commercial Providers.–The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the Administration, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost effective, space science data from a commercial provider. (c) Treatment of Space Science Data as Commercial Item Under Acquisition Laws.–Acquisitions of space science data by the Administrator shall be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10). For purposes of such law and regulations, space science data shall be considered to be a commercial item. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities. (d) Safety Standards.–Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. (e) Limitation.–This section does not authorize the Administration to provide financial assistance for the development of commercial systems for the collection of space science data. -SOURCE- (Pub. L. 111-314, Subtitle V, Chapter 501, Sec. 50113, Dec. 18, 2010, 124 Stat. 3397) View the full article

Sec. 70102. Space shuttle use policy (a) Use Policy.– (1) In general.– (A) Policy.–It shall be the policy of the United States to use the space shuttle– (i) for purposes that require a human presence; (ii) for purposes that require the unique capabilities of the space shuttle; or (iii) when other compelling circumstances exist. (B) Definition of compelling circumstances.–In this paragraph, the term “compelling circumstances” includes, but is not limited to, occasions when the Administrator determines, in consultation with the Secretary of Defense and the Secretary of State, that important national security or foreign policy interests would be served by a shuttle launch. (2) Using available cargo space for secondary payloads.–The policy stated in paragraph (1) shall not preclude the use of available cargo space, on a space shuttle mission otherwise consistent with the policy described in paragraph (1), for the purpose of carrying secondary payloads (as defined by the Administrator) that do not require a human presence if such payloads are consistent with the requirements of research, development, demonstration, scientific, commercial, and educational programs authorized by the Administrator. (b) Annual Report.–At least annually, the Administrator shall submit to Congress a report certifying that the payloads scheduled to be launched on the space shuttle for the next 4 years are consistent with the policy set forth in subsection (a)(1). For each payload scheduled to be launched from the space shuttle that does not require a human presence, the Administrator shall, in the certified report to Congress, state the specific circumstances that justified the use of the space shuttle. If, during the period between scheduled reports to Congress, any additions are made to the list of certified payloads intended to be launched from the shuttle, the Administrator shall inform Congress of the additions and the reasons therefor within 45 days of the change. (c) Administration Payloads.–The report described in subsection (b) shall also include those Administration payloads designed solely to fly on the space shuttle which have begun the phase C/D of its development cycle. -SOURCE- (Pub. L. 111-314, Subtitle VII, Chapter 701, Sec. 70102, Dec. 18, 2010, 124 Stat. 3427) View the full article

42 USC Sec. 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. -SOURCE- (Pub. L. 99-170, title II, Sec. 201, Dec. 5, 1985, 99 Stat. 1017.) CODIFICATION Section was enacted as part of the National Aeronautics and Space Administration Authorization Act of 1986, and not as part of the National Aeronautics and Space Act of 1958 which is classified principally to this chapter. -MISC3- EFFECTIVE DATE Section 205 of title II of Pub. L. 99-170 provided that: ”This title (enacting this section and sections 2466a to 2466c of this title) shall apply to flights of the Space Transportation System beginning on and after October 1, 1988 View the full article

15 U.S.C. 5803 Sec. 5803. Launch voucher demonstration program (a) Commercial space voucher demonstration program; effective period. The Administrator shall establish a demonstration program to award vouchers for the payment of commercial launch services and payload integration services for the purpose of launching payloads funded by the National Aeronautics and Space Administration to become effective October 1, 1993. (b) Award of vouchers The Administrator shall award vouchers under subsection (a) of this section to appropriate individuals as a part of grants administered by the National Aeronautics and Space Administration for the launch of– (1) payloads to be placed in suborbital trajectories; and (2) small payloads to be placed in orbit. (c) Assistance The Administrator may provide voucher award recipients with such assistance, including contract formulation and technical support during the proposal evaluation, as may be necessary, to ensure the purchase of cost effective and reasonably reliable commercial launch services and payload integration services. (d) Report The Administrator shall conduct an ongoing review of the program established under this section, and shall, not later than January 31, 1995, report to Congress the results of such a review, together with recommendations for further action relating to the program. (Pub. L. 102-588, title V, Sec. 504, Nov. 4, 1992, 106 Stat. 5124. (as amended by P.L. 105-303, Sec. 103)). View the full article

3 Min Read Grants The NSSC supports the Agency’s internal effort to create an environment conducive to streamlining and simplifying grants and cooperative agreements. The National Aeronautics and Space Administration (NASA), through the establishment of the NSSC, has transitioned to a consolidated model for the award and administration of all Agency grants and cooperative agreements. The consolidation is designed to achieve efficient and effective service, improve data quality, standardize processes, leverage skills and investments, and provide economies of scale. Grant Forms Grants Status Search Request a No-Cost Extension Guidance of NASA Insignia Use NASA has formulated new guidelines which are aimed to simplify and expand NASA Insignia use by NASA grantees (including cooperative agreement recipients, collectively herein, “Grantees”). Payment Management System The Payment Management System (PMS) is a tool to help grant recipients draw down funds and file the Federal Financial Report (FFR). Federal Financial Reports (SF-425) The grantee requests funds via Department of Health and Human Services (DHHS) / Payment Management System (PMS) using their User Identification and Password. The Federal Financial Report (SF-425) electronically submitted by grantees will be for reporting purposes as it applies to the originating procurement requirements. The FFR 425 must be filed within 30 days of the end of the quarter (instead of the 45 days allowed for filing the PSC 272). If the 425 is not filed within the allotted time, the PMS account will be blocked from further drawdowns until the report is filed. Reporting cash transaction data using the FFR 425 replaces the use of the Federal Cash Transaction Report (PSC272 / SF-272). Additional information and training are available on the Payment Management System web site at https://pms.psc.gov/. The PMS help desk number is 1-877-614-5533. Quick Reference Guide for completing the FFR 425 in the PMS Federal Financial Report (FFR) due dates Forms Assurance Of Compliance With The NASA Regulations Pursuant to Nondiscrimination in Federally Assisted Programs (NF1206) Technical Evaluation and Justification for Single-source Grant or Cooperative Agreement Action Technical Evaluation and Justification for Unsolicited Grant or Cooperative Agreement Action Recipient Performance Validation Form References Active Grant Information Circulars Archive Grant Information Circulars Alerts to NASA Grant Community About COVID-19 Archive Active Grant Notices Archive Grant Notices Grants and Cooperative Agreements 101: An Overview of Federal Financial Assistance Grants.gov NSSC Grants Payment Package NASA Research Opportunities Online (NSPIRES) System for Award Management (SAM) NRA or Cooperative Agreement Notice Proposers’ Guidebook NASA Grant and Cooperative Agreement Regulation and Policy NASA Grant and Cooperative Agreement Manual (GCAM) 2 CFR 200 2 CFR 1800 14 CFR 1274 Required Documentation for Award Packages The link above will provide you with all the required documentation for: New Awards, Multi-Year Funding Supplements, and Supplements (augmentations). NASA Office of Inspector General https://oig.nasa.gov/hotline.html 1-800-424-9183 P.O. Box 23089 L’Enfant Plaza Station Washington, D.C. 20026 To file a complaint regarding denial of equal opportunity or discrimination based on race, color, national origin, sex, disability, or age; go to: http://missionstem.nasa.gov/filing-a-complaint.html​​​​​​​ Useful Information OMB FAQs 2021 View the full article

4 Min Read Procurement The NSSC provides a variety of Procurement services across NASA to satisfy the evolving acquisition needs of the Agency. 1102 Training Program/The Federal Acquisition Certification for Contracting Officer’s Representatives (FAC-COR) The NSSC supports the General Schedule (GS) 1102 Training Program by procuring and scheduling training courses required for Federal Acquisition Certification for Contracting (FAC-C). The NSSC serves as the point of contact for contract specialists in the Agency 1102 training program. The FAC-COR program is for a program a FAC-COR program is for acquisituion professionals in the Federal Government performing contract management activities and functions. Contracting Officer’s Representatives (CORs) play a critical role in ensuring that contractors meet the commitment of their contracts. They facilitate proper development of requirements and assist Contracting Officers in developing and managing their contracts. The propose of this program is to establish training and experience requirements for those acquisition professionals. The NSSC also coordinates the Agency FAC-C by receiving and reviewing FAC-C applications and forwarding the acceptable applications to Headquarters (HQ) for approval. Upon HQ approval, the NSSC issues certificates to the contract specialist. Grants Activities Branch (GAB) The NSSC supports the Agency’s internal effort to create an environment conducive to streamlining and simplifying grants and cooperative agreements. NASA, through the establishment of the NSSC, has transitioned to a consolidated model for the award and administration of all Agency grants and cooperative agreements. The consolidation is designed to achieve efficient and effective service, improve data quality, standardize processes, leverage skills and investments, and provide economies of scale. Research Activities Branch (RAB) – The Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs The SBIR/STTR programs provide an opportunity for small, high technology companies and research institutions (RI) to participate in Government sponsored research and development (R&D) efforts in key technology areas. NASA SBIR Phase I contracts have a period of performance for 6 months with a maximum funding of $125,000, and Phase II contracts have a period of performance up to 24 months with a maximum funding of $750,000. The STTR Phase I contracts last for 13 months with a maximum funding of $125,000, and Phase II contracts last for 24 months with the maximum contract value of $750,000. Small Business Program The NSSC Small Business Office is responsible for providing outreach and liaison support to industry (both large and small businesses) and other members of the private sector. These activities are accomplished through a combination of individual counseling sessions, dissemination of information on upcoming NSSC procurement opportunities, and participation in local small business outreach events. The NSSC small business specialist also serves as the primary advisor to the NSSC acquisition community on all matters related to small business. Agency Contracts The NSSC’s Agency Contracting Program furthers NASA’s commitment for the creation and utilization of Agency contracts to satisfy common Center requirements and supports the Agency’s Strategic Sourcing Program. Agency Contracting can operate on many levels, including: intra-center, center-wide, and government-wide basis, depending upon the commodity or service being acquired. Agency Contracting identifies and logically groups together similar requirements so that they may be procured efficiently. Enterprise License Management Team (ELMT) The Enterprise License Management Team (ELMT) provides support for the discovery, analysis, establishment and management of Agency enterprise software licensing. The ELMT manages initiatives for licensing and contract consolidation and negotiate standard pricing for selected software for NASA. The ELMT maintains licensing and contract consolidation initiatives activities for NASA and negotiates economy of scale pricing for selected software. The Federal Acquisition Certification for Contracting Officer’s Representatives (FAC-COR) This program is for acquisition professionals in the Federal Government performing contract management activities and functions. Contracting Officer’s Representatives (CORs) play a critical role in ensuring that contractors meet the commitment of their contracts. They facilitate proper development of requirements and assist Contracting Officers in developing and managing their contracts. The purpose of this program is to establish training and experience requirements for those acquisition professionals. Purchase Card (P-Card) The NSSC Purchase Card Team, comprised of both Civil Servant and Service Providers, provides a wide range of services to the Agency’s P-Card Community, comprised of approximately 700 cardholders and 600 approving officials, spending on average of $100 million per year. Some of the services and operational support provided include cardholder reconciliation assistance, responding to audit requests, providing data in reply to Freedom of Information Act (FOIA) requests, performing account reviews, conducting cardholder audits, and answering daily inquiries. Simplified Acquisition Threshold (SAT) The SAT Team provides NASA leadership with unprecedented insight into simplified acquisition purchasing activity of the Agency by consolidation SAT purchases at or below $250,000 within scope in the shared services environment. TEST View the full article

(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) to a developer shall be provided on the same terms and conditions as insurance and indemnification is provided by the Administration under section 308 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2458b) 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, United States Code, for a launch. The Administrator shall publish notice of the Administrator’s determination and the applicable amount or amounts in the Federal Register within 10 days after making the determination. (C) Increase in dollar amounts. – The Administrator may increase the dollar amounts set forth in section 70112(a)(3)(A) of title 49, United States Code, 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) 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), 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). (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 308(b) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2458b(b)), 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, United States Code. (c) Cross-Waivers. – (1) Administrator authorized to waive. – The Administrator, on behalf of the United States, and its departments, agencies, and related entities, may reciprocally waive claims with a developer and with the related entities of that developer 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, or the developer’s 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, or the developer’s subcontractors) or such a natural person’s estate, survivors, or subrogees for negligence, except with respect to a subrogee that is a party to the waiver or has otherwise agreed to be bound by the terms of the waiver. (C) Indemnification for damages. – A reciprocal waiver under paragraph (1) may not be used as the basis of a claim by the Administration or the developer 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. (3) Effect on previous waivers. Subsection (c) applies to any waiver of claims entered into by the Administration without regard to whether it was entered into before, on, or after the date of the enactment of this Act (Oct. 21, 1998). (d) Definitions. – In this section: (1) Administration. – The term ‘Administration’ means the National Aeronautics and Space Administration. (2) Administrator. – The term ‘Administrator’ means the Administrator of the National Aeronautics and Space Administration. (3) Common terms. – Any term used in this section that is defined in the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.) has the same meaning in this section as when it is used in that Act. (4) Developer. – The term ‘developer’ means a United States person (other than a natural person) who – ”(A) is a party to an agreement that was in effect before the date of the enactment of this Act (Oct. 21, 1998) 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 ”(C) employs a natural person to be flown on that vehicle. (5) Experimental aerospace vehicle. – The term ‘experimental aerospace vehicle’ means an object intended to be flown in, or launched into, suborbital flight for the purpose of demonstrating technologies necessary for a reusable launch vehicle, developed under an agreement between the Administration and a developer that was in effect before the date of the enactment of this Act (Oct. 21, 1998). (6) 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 308 of national aeronautics and space act of 1958. – This section does not apply to any object, transaction, or operation to which section 308 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2458b) applies. (2) Chapter 701 of title 49, united states code. – 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, United States Code. (f) Termination. (1) In general. – The provisions of this section shall terminate on December 31, 2002, except that the Administrator may extend the termination date to a date not later than September 30, 2005, if the Administrator determines that such an extension is necessary to cover the operation of an experimental aerospace vehicle. (2) Effect of termination on agreements. – The termination of this section does not terminate or otherwise affect a cross-waiver agreement, insurance agreement, indemnification agreement, or any other agreement entered into under this section except as may be provided in that agreement. – Source – Pub. L. 105-276, title IV, Sec. 431, Oct. 21, 1998, 112 Stat. 2513. View the full article

42 USC Sec. 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. (c) Terms of indemnification agreement; notice; United States control of or assistance in 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. -SOURCE- (Pub. L. 85-568, title III, Sec. 308, as added Pub. L. 96-48, Sec. 6(b)(2), Aug. 8, 1979, 93 Stat. 348.) View the full article

15 U.S.C. 5807 Sec. 5807. Use of Government facilities (a) Authority Federal agencies, including the National Aeronautics and Space Administration and the Department of Defense, may allow non— Federal entities to use their space-related facilities on a reimbursable basis if the Administrator, the Secretary of Defense, or the appropriate agency head determines that– (1) the facilities will be used to support commercial space activities; (2) such use can be supported by existing or planned Federal resources; (3) such use is compatible with Federal activities; (4) equivalent commercial services are not available on reasonable terms; and (5) such use is consistent with public safety, national security, and international treaty obligations. In carrying out paragraph (5), each agency head shall consult with appropriate Federal officials. (b) Reimbursement payment (1) The reimbursement referred to in subsection (a) of this section may be an amount equal to the direct costs (including salaries of United States civilian and contractor personnel) incurred by the United States as a result of the use of such facilities by the private sector. For the purposes of this paragraph, the term “direct costs” means the actual costs that can be unambiguously associated with such use, and would not be borne by the United States Government in the absence of such use. (2) The amount of any payment received by the United States for use of facilities under this subsection shall be credited to the appropriation from which the cost of providing such facilities was paid. View the full article

An Act To encourage the development of a commercial space industry in the United States, and for other purposes. Oct. 28, 1998 – [H.R. 1702] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.–This Act may be cited as the “Commercial Space Act of 1998”. (b) Table of Contents.– Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I–PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES Sec. 101. Commercialization of Space Station. Sec. 102. Commercial space launch amendments. Sec. 103. Launch voucher demonstration program. Sec. 104. Promotion of United States Global Positioning System standards. Sec. 105. Acquisition of space science data. Sec. 106. Administration of Commercial Space Centers. Sec. 107. Sources of Earth science data. TITLE II–FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES Sec. 201. Requirement to procure commercial space transportation services. Sec. 202. Acquisition of commercial space transportation services. Sec. 203. Launch Services Purchase Act of 1990 amendments. Sec. 204. Shuttle privatization. Sec. 205. Use of excess intercontinental ballistic missiles. Sec. 206. National launch capability study. SEC. 2. DEFINITIONS. For purposes of this Act– (1) the term “Administrator” means the Administrator of the National Aeronautics and Space Administration; (2) the term “commercial provider” means any person providing space transportation services or other space-related activities, primary control of which is held by persons other than Federal, State, local, and foreign governments; (3) the term “payload” means anything that a person undertakes to transport to, from, or within outer space, or in suborbital trajectory, by means of a space transportation vehicle, but does not include the space transportation vehicle itself except for its components which are specifically designed or adapted for that payload; (4) the term “space-related activities” includes research and development, manufacturing, processing, service, and other associated and support activities; (5) the term “space transportation services” means the preparation of a space transportation vehicle and its payloads for transportation to, from, or within outer space, or in suborbital trajectory, and the conduct of transporting a payload to, from, or within outer space, or in suborbital trajectory; (6) the term “space transportation vehicle” means any vehicle constructed for the purpose of operating in, or transporting a payload to, from, or within, outer space, or in suborbital trajectory, and includes any component of such vehicle not specifically designed or adapted for a payload; (7) the term “State” means each of the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States; and (8) the term “United States commercial provider” means a commercial provider, organized under the laws of the United States or of a State, which is– (A) more than 50 percent owned by United States nationals; or (B) a subsidiary of a foreign company and the Secretary of Transportation finds that– (i) such subsidiary has in the past evidenced a substantial commitment to the United States market through– (I) investments in the United States in long-term research, development, and manufacturing (including the manufacture of major components and subassemblies); and (II) significant contributions to employment in the United States; and (ii) the country or countries in which such foreign company is incorporated or organized, and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (A) comparable to that afforded to such foreign company’s subsidiary in the United States, as evidenced by– (I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government sponsored research and development similar to that authorized under this Act; (II) providing no barriers, to companies described in subparagraph (A) with respect to local investment opportunities, that are not provided to foreign companies in the United States; and (III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (A). TITLE I–PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES SEC. 101. COMMERCIALIZATION OF SPACE STATION. (a) Policy.–The Congress declares that a priority goal of constructing the International Space Station is the economic development of Earth orbital space. The Congress further declares that free and competitive markets create the most efficient conditions for promoting economic development, and should therefore govern the economic development of Earth orbital space. The Congress further declares that the use of free market principles in operating, servicing, allocating the use of, and adding capabilities to the Space Station, and the resulting fullest possible engagement of commercial providers and participation of commercial users, will reduce Space Station operational costs for all partners and the Federal Government’s share of the United States burden to fund operations. (b) Reports.–(1) The Administrator shall deliver to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, within 90 days after the date of the enactment of this Act, a study that identifies and examines– (A) the opportunities for commercial providers to play a role in International Space Station activities, including operation, use, servicing, and augmentation; (B) the potential cost savings to be derived from commercial providers playing a role in each of these activities; (C) which of the opportunities described in subparagraph (A) the Administrator plans to make available to commercial providers in fiscal years 1999 and 2000; (D) the specific policies and initiatives the Administrator is advancing to encourage and facilitate these commercial opportunities; and (E) the revenues and cost reimbursements to the Federal Government from commercial users of the Space Station. (2) The Administrator shall deliver to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, within 180 days after the date of the enactment of this Act, an independently conducted market study that examines and evaluates potential industry interest in providing commercial goods and services for the operation, servicing, and augmentation of the International Space Station, and in the commercial use of the International Space Station. This study shall also include updates to the cost savings and revenue estimates made in the study described in paragraph (1) based on the external market assessment. (3) The Administrator shall deliver to the Congress, no later than the submission of the President’s annual budget request for fiscal year 2000, a report detailing how many proposals (whether solicited or not) the National Aeronautics and Space Administration received during calendar years 1997 and 1998 regarding commercial operation, servicing, utilization, or augmentation of the International Space Station, broken down by each of these four categories, and specifying how many agreements the National Aeronautics and Space Administration has entered into in response to these proposals, also broken down by these four categories. (4) Each of the studies and reports required by paragraphs (1), (2), and (3) shall include consideration of the potential role of State governments as brokers in promoting commercial participation in the International Space Station program. SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS. (a) Amendments.–Chapter 701 of title 49, United States Code, is amended– (1) in the table of sections– (A) by amending the item relating to section 70104 to read as follows: “70104. Restrictions on launches, operations, and reentries.”; (B) by amending the item relating to section 70108 to read as follows: “70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries.”; (C) by amending the item relating to section 70109 to read as follows: “70109. Preemption of scheduled launches or reentries.”; and (D) by adding at the end the following new items: “70120. Regulations. “70121. Report to Congress.”. (2) in section 70101– (A) by inserting “microgravity research,” after “information services,” in subsection (a)(3); (B) by inserting “, reentry,” after “launching” both places it appears in subsection (a)(4); (C) by inserting “, reentry vehicles,” after “launch vehicles” in subsection (a)(5); (D) by inserting “and reentry services” after “launch services” in subsection (a)(6); (E) by inserting “, reentries,” after “launches” both places it appears in subsection (a)(7); (F) by inserting “, reentry sites,” after “launch sites” in subsection (a)(8); (G) by inserting “and reentry services” after “launch services” in subsection (a)(8); (H) by inserting “reentry sites,” after “launch sites,” in subsection (a)(9); (I) by inserting “and reentry site” after “launch site” in subsection (a)(9); (J) by inserting “, reentry vehicles,” after “launch vehicles” in subsection (b)(2); (K) by striking “launch” in subsection (b)(2)(A); (L) by inserting “and reentry” after “conduct of commercial launch” in subsection (b)(3); (M) by striking “launch” after “and transfer commercial” in subsection (b)(3); and (N) by inserting “and development of reentry sites,” after “launch-site support facilities,” in subsection (b)(4); (3) in section 70102– (A) in paragraph (3)– (i) by striking “and any payload” and inserting in lieu thereof “or reentry vehicle and any payload from Earth”; (ii) by striking the period at the end of subparagraph (C) and inserting in lieu thereof a comma; and (iii) by adding after subparagraph (C) the following: “including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States.”; (B) by inserting “or reentry vehicle” after “means of a launch vehicle” in paragraph (8); (C) by redesignating paragraphs (10), (11), and (12) as paragraphs (14), (15), and (16), respectively; (D) by inserting after paragraph (9) the following new paragraphs: “(10) ‘reenter’ and `reentry’ mean to return or attempt to return, purposefully, a reentry vehicle and its payload, if any, from Earth orbit or from outer space to Earth. “(11) ‘reentry services’ means– “(A) activities involved in the preparation of a reentry vehicle and its payload, if any, for reentry; and “(B) the conduct of a reentry. “(12) ‘reentry site’ means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter). “(13) ‘reentry vehicle’ means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially intact.”; and (E) by inserting “or reentry services” after “launch services” each place it appears in paragraph (15), as so redesignated by subparagraph (C) of this paragraph; (4) in section 70103(b)– (A) by inserting “and Reentries” after “Launches” in the subsection heading; (B) by inserting “and reentries” after “commercial space launches” in paragraph (1); and (C) by inserting “and reentry” after “space launch” in paragraph (2); (5) in section 70104– (A) by amending the section designation and heading to read as follows: “Sec. 70104. Restrictions on launches, operations, and reentries”; (B) by inserting “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site” each place it appears in subsection (a); (C) by inserting “or reentry” after “launch or operation” in subsection (a)(3) and (4); (D) in subsection (b)– (i) by striking “launch license” and inserting in lieu thereof “license”; (ii) by inserting “or reenter” after “may launch”; and (iii) by inserting “or reentering” after “related to launching”; and (E) in subsection (c)– (i) by amending the subsection heading to read as follows: “Preventing Launches and Reentries.– ”; (ii) by inserting “or reentry” after “prevent the launch”; and (iii) by inserting “or reentry” after “decides the launch”; (6) in section 70105– (A) by inserting “(1)” before “A person may apply” in subsection (a); (B) by striking “receiving an application” both places it appears in subsection (a) and inserting in lieu thereof “accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D)”; (C) NOTE: Notice. Deadline. by adding at the end of subsection (a) the following: “The Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 30 days after any occurrence when a license is not issued within the deadline established by this subsection. “(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel that may be used in conducting licensed commercial space launch or reentry activities.”; (D) by inserting “or a reentry site, or the reentry of a reentry vehicle,” after “operation of a launch site” in subsection (b)(1); (E) by striking “or operation” and inserting in lieu thereof “, operation, or reentry” in subsection (b)(2)(A); (F) by striking “and” at the end of subsection (b)(2)(B); (G) by striking the period at the end of subsection (b)(2)(C) and inserting in lieu thereof “; and”; (H) by adding at the end of subsection (b)(2) the following new subparagraph: “(D) regulations establishing criteria for accepting or rejecting an application for a license under this chapter within 60 days after receipt of such application.”; and (I) by inserting “, including the requirement to obtain a license,” after “waive a requirement” in subsection (b)(3); (7) in section 70106(a)– (A) by inserting “or reentry site” after “observer at a launch site”; (B) by inserting “or reentry vehicle” after “assemble a launch vehicle”; and (C) by inserting “or reentry vehicle” after “with a launch vehicle”; (8) in section 70108– (A) by amending the section designation and heading to read as follows: “Sec. 70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries”; and (B) in subsection (a)– (i) by inserting “or reentry site, or reentry of a reentry vehicle,” after “operation of a launch site”; and (ii) by inserting “or reentry” after “launch or operation”; (9) in section 70109– (A) by amending the section designation and heading to read as follows: “Sec. 70109. Preemption of scheduled launches or reentries”; (B) in subsection (a)– (i) by inserting “or reentry” after “ensure that a launch”; (ii) by inserting “, reentry site,” after “United States Government launch site”; (iii) by inserting “or reentry date commitment” after “launch date commitment”; (iv) by inserting “or reentry” after “obtained for a launch”; (v) by inserting “, reentry site,” after “access to a launch site”; (vi) by inserting “, or services related to a reentry,” after “amount for launch services”; and (vii) by inserting “or reentry” after “the scheduled launch”; and (C) in subsection (c), by inserting “or reentry” after “prompt launching”; (10) in section 70110– (A) by inserting “or reentry” after “prevent the launch” in subsection (a)(2); and (B) by inserting “or reentry site, or reentry of a reentry vehicle,” after “operation of a launch site” in subsection (a)(3)(B); (11) in section 70111– (A) by inserting “or reentry” after “launch” in subsection (a)(1)(A); (B) by inserting “and reentry services” after “launch services” in subsection (a)(1)(B); (C) by inserting “or reentry services” after “or launch services” in subsection (a)(2); (D) by striking “source.” in subsection (a)(2) and inserting “source, whether such source is located on or off a Federal range.”; (E) by inserting “or reentry” after “commercial launch” both places it appears in subsection (b)(1); (F) by inserting “or reentry services” after “launch services” in subsection (b)(2)(C); (G) by inserting after subsection (b)(2) the following new paragraph: “(3) The Secretary shall ensure the establishment of uniform guidelines for, and consistent implementation of, this section by all Federal agencies.”; (H) by striking “or its payload for launch” in subsection (d) and inserting in lieu thereof “or reentry vehicle, or the payload of either, for launch or reentry”; and (I) by inserting “, reentry vehicle,” after “manufacturer of the launch vehicle” in subsection (d); (12) in section 70112– (A) in subsection (a)(1), by inserting “launch or reentry” after “(1) When a”; (B) by inserting “or reentry” after “one launch” in subsection (a)(3); (C) by inserting “or reentry services” after “launch services” in subsection (a)(4); (D) in subsection (b)(1), by inserting “launch or reentry” after “(1) A”; (E) by inserting “or reentry services” after “launch services” each place it appears in subsection (b); (F) by inserting “applicable” after “carried out under the” in paragraphs (1) and (2) of subsection (b); (G) by inserting “or Reentries” after “Launches” in the heading for subsection (e); (H) by inserting “or reentry site or a reentry” after “launch site” in subsection (e); and (I) in subsection (f ), by inserting “launch or reentry” after “carried out under a”; (13) in section 70113(a)(1) and (d)(1) and (2), by inserting “or reentry” after “one launch” each place it appears; (14) in section 70115(b)(1)(D)(i)– (A) by inserting “reentry site,” after “launch site,”; and (B) by inserting “or reentry vehicle” after “launch vehicle” both places it appears; (15) in section 70117– (A) by inserting “or reentry site, or to reenter a reentry vehicle” after “operate a launch site” in subsection (a); (B) by inserting “or reentry” after “approval of a space launch” in subsection (d); (C) by amending subsection (f ) to read as follows: “(f ) Launch Not an Export; Reentry Not an Import.–A launch vehicle, reentry vehicle, or payload that is launched or reentered is not, because of the launch or reentry, an export or import, respectively, for purposes of a law controlling exports or imports, except that payloads launched pursuant to foreign trade zone procedures as provided for under the Foreign Trade Zones Act (19 U.S.C. 81a-81u) shall be considered exports with regard to customs entry.”; and (D) in subsection (g)– (i) by striking “operation of a launch vehicle or launch site,” in paragraph (1) and inserting in lieu thereof “reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site,”; and (ii) by inserting “reentry,” after “launch,” in paragraph (2); and (16) by adding at the end the following new sections: “Sec. 70120. Regulations “(a) In General.–The Secretary of Transportation, within 9 months after the date of the enactment of this section, shall issue regulations to carry out this chapter that include– “(1) guidelines for industry and State governments to obtain sufficient insurance coverage for potential damages to third parties; “(2) procedures for requesting and obtaining licenses to launch a commercial launch vehicle; “(3) procedures for requesting and obtaining operator licenses for launch; “(4) procedures for requesting and obtaining launch site operator licenses; and “(5) procedures for the application of government indemnification. “(b) Reentry.–The Secretary of Transportation, within 6 months after the date of the enactment of this section, shall issue a notice of proposed rulemaking to carry out this chapter that includes– “(1) procedures for requesting and obtaining licenses to reenter a reentry vehicle; “(2) procedures for requesting and obtaining operator licenses for reentry; and “(3) procedures for requesting and obtaining reentry site operator licenses. “Sec. 70121. Report to Congress “The Secretary of Transportation shall submit to Congress an annual report to accompany the President’s budget request that– “(1) describes all activities undertaken under this chapter, including a description of the process for the application for and approval of licenses under this chapter and recommendations for legislation that may further commercial launches and reentries; and “(2) reviews the performance of the regulatory activities and the effectiveness of the Office of Commercial Space Transportation.”. (b) Authorization of Appropriations.–Section 70119 of title 49, United States Code, is amended to read as follows: “Sec. 70119. Authorization of appropriations “There are authorized to be appropriated to the Secretary of Transportation for the activities of the Office of the Associate Administrator for Commercial Space Transportation– (1) $6,275,000 for the fiscal year ending September 30, 1999; and (2) $6,600,000 for the fiscal year ending September 30, 2000.”. (c) Effective Date.–The amendments made by subsection (a)(6)(B) shall take effect upon the effective date of final regulations issued pursuant to section 70105(b)(2)(D) of title 49, United States Code, as added by subsection (a)(6)(H). SEC. 103. LAUNCH VOUCHER DEMONSTRATION PROGRAM. Section 504 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 (15 U.S.C. 5803) is amended– (1) in subsection (a)– (A) by striking “the Office of Commercial Programs within”; and (B) by striking “Such program shall not be effective after September 30, 1995.”; (2) by striking subsection (c); and (3) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (a) Finding.–The Congress finds that the Global Positioning System, including satellites, signal equipment, ground stations, data links, and associated command and control facilities, has become an essential element in civil, scientific, and military space development because of the emergence of a United States commercial industry which provides Global Positioning System equipment and related services. (b) International Cooperation.–In order to support and sustain the Global Positioning System in a manner that will most effectively contribute to the national security, public safety, scientific, and economic interests of the United States, the Congress encourages the President to– (1) ensure the operation of the Global Positioning System on a continuous worldwide basis free of direct user fees; (2) enter into international agreements that promote cooperation with foreign governments and international organizations to– (A) establish the Global Positioning System and its augmentations as an acceptable international standard; and (B) eliminate any foreign barriers to applications of the Global Positioning System worldwide; and (3) provide clear direction and adequate resources to the Assistant Secretary of Commerce for Communications and Information so that on an international basis the Assistant Secretary can– (A) achieve and sustain efficient management of the electromagnetic spectrum used by the Global Positioning System; and (B) protect that spectrum from disruption and interference. (a) Acquisition From Commercial Providers.–The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the National Aeronautics and Space Administration, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost effective, space science data from a commercial provider. (b) Treatment of Space Science Data as Commercial Item Under Acquisition Laws.–Acquisitions of space science data by the Administrator shall be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10, United States Code). For purposes of such law and regulations, space science data shall be considered to be a commercial item. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities. (c) Definition.–For purposes of this section, the term “space science data” includes scientific data concerning– (1) the elemental and mineralogical resources of the moon, asteroids, planets and their moons, and comets; (2) microgravity acceleration; and (3) solar storm monitoring. (d) Safety Standards.–Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. (e) Limitation.–This section does not authorize the National Aeronautics and Space Administration to provide financial assistance for the development of commercial systems for the collection of space science data. SEC. 106. ADMINISTRATION OF COMMERCIAL SPACE CENTERS. The Administrator shall administer the Commercial Space Center program in a coordinated manner from National Aeronautics and Space Administration headquarters in Washington, D.C. SEC. 107. SOURCES OF EARTH SCIENCE DATA. (a) Acquisition.–The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the National Aeronautics and Space Administration, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost- effective, space-based and airborne Earth remote sensing data, services, distribution, and applications from a commercial provider. (b) Treatment as Commercial Item Under Acquisition Laws.– Acquisitions by the Administrator of the data, services, distribution, and applications referred to in subsection (a) shall be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10, United States Code). For purposes of such law and regulations, such data, services, distribution, and applications shall be considered to be a commercial item. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities. (c) Study.–(1) The Administrator shall conduct a study to determine the extent to which the baseline scientific requirements of Earth Science can be met by commercial providers, and how the National Aeronautics and Space Administration will meet such requirements which cannot be met by commercial providers. (2) The study conducted under this subsection shall– (A) make recommendations to promote the availability of information from the National Aeronautics and Space Administration to commercial providers to enable commercial providers to better meet the baseline scientific requirements of Earth Science; (B) make recommendations to promote the dissemination to commercial providers of information on advanced technology research and development performed by or for the National Aeronautics and Space Administration; and (C) identify policy, regulatory, and legislative barriers to the implementation of the recommendations made under this subsection. (3) The results of the study conducted under this subsection shall be transmitted to the Congress within 6 months after the date of the enactment of this Act. (d) Safety Standards.–Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. (e) Administration and Execution.–This section shall be carried out as part of the Commercial Remote Sensing Program at the Stennis Space Center. (f ) Remote Sensing.– (1) Application contents.–Section 201(b) of the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5621(b)) is amended– (A) by inserting “(1)” after “National Security.–”; and (B) by adding at the end the following new paragraph: “(2) <<NOTE: Federal Register, publication.>> The Secretary, within 6 months after the date of the enactment of the Commercial Space Act of 1998, shall publish in the Federal Register a complete and specific list of all information required to comprise a complete application for a license under this title. An application shall be considered complete when the applicant has provided all information required by the list most recently published in the Federal Register before the date the application was first submitted. Unless the Secretary has, within 30 days after receipt of an application, notified the applicant of information necessary to complete an application, the Secretary may not deny the application on the basis of the absence of any such information.”. (2) Notification of agreements.–Section 202(b)(6) of the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5622(b)(6)) is amended by inserting “significant or substantial” after “Secretary of any”. TITLE II–FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES (a) In General.–Except as otherwise provided in this section, the Federal Government shall acquire space transportation services from United States commercial providers whenever such services are required in the course of its activities. To the maximum extent practicable, the Federal Government shall plan missions to accommodate the space transportation services capabilities of United States commercial providers. (b) Exceptions.–The Federal Government shall not be required to acquire space transportation services under subsection (a) if, on a case-by-case basis, the Administrator or, in the case of a national security issue, the Secretary of the Air Force, determines that– (1) a payload requires the unique capabilities of the Space Shuttle; (2) cost effective space transportation services that meet specific mission requirements would not be reasonably available from United States commercial providers when required; (3) the use of space transportation services from United States commercial providers poses an unacceptable risk of loss of a unique scientific opportunity; (4) the use of space transportation services from United States commercial providers is inconsistent with national security objectives; (5) the use of space transportation services from United States commercial providers is inconsistent with international agreements for international collaborative efforts relating to science and technology; (6) it is more cost effective to transport a payload in conjunction with a test or demonstration of a space transportation vehicle owned by the Federal Government; or (7) a payload can make use of the available cargo space on a Space Shuttle mission as a secondary payload, and such payload is consistent with the requirements of research, development, demonstration, scientific, commercial, and educational programs authorized by the Administrator. Nothing in this section shall prevent the Administrator from planning or negotiating agreements with foreign entities for the launch of Federal Government payloads for international collaborative efforts relating to science and technology. (c) Delayed Effect.–Subsection (a) shall not apply to space transportation services and space transportation vehicles acquired or owned by the Federal Government before the date of the enactment of this Act, or with respect to which a contract for such acquisition or ownership has been entered into before such date. (d) Historical Purposes.–This section shall not be construed to prohibit the Federal Government from acquiring, owning, or maintaining space transportation vehicles solely for historical display purposes. SEC. 202. ACQUISITION OF COMMERCIAL SPACE TRANSPORTATION SERVICES. (b) Safety Standards.–Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. SEC. 203. LAUNCH SERVICES PURCHASE ACT OF 1990 AMENDMENTS. The Launch Services Purchase Act of 1990 (42 U.S.C. 2465b et seq.) is amended– 1) by striking section 202; (2) in section 203– (A) by striking paragraphs (1) and (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively; (3) by striking sections 204 and 205; and (4) in section 206– (A) by striking “(a) Commercial Payloads on the Space Shuttle.–”; and (B) by striking subsection (b). SEC. 204. SHUTTLE PRIVATIZATION. (a) Policy and Preparation.–The Administrator shall prepare for an orderly transition from the Federal operation, or Federal management of contracted operation, of space transportation systems to the Federal purchase of commercial space transportation services for all nonemergency space transportation requirements for transportation to and from Earth orbit, including human, cargo, and mixed payloads. In those preparations, the Administrator shall take into account the need for short-term economies, as well as the goal of restoring the National Aeronautics and Space Administration’s research focus and its mandate to promote the fullest possible commercial use of space. As part of those preparations, the Administrator shall plan for the potential privatization of the Space Shuttle program. Such plan shall keep safety and cost effectiveness as high priorities. Nothing in this section shall prohibit the National Aeronautics and Space Administration from studying, designing, developing, or funding upgrades or modifications essential to the safe and economical operation of the Space Shuttle fleet. (b) Feasibility Study.–The Administrator shall conduct a study of the feasibility of implementing the recommendation of the Independent Shuttle Management Review Team that the National Aeronautics and Space Administration transition toward the privatization of the Space Shuttle. The study shall identify, discuss, and, where possible, present options for resolving, the major policy and legal issues that must be addressed before the Space Shuttle is privatized, including– (1) whether the Federal Government or the Space Shuttle contractor should own the Space Shuttle orbiters and ground facilities; (2) whether the Federal Government should indemnify the contractor for any third party liability arising from Space Shuttle operations, and, if so, under what terms and conditions; (3) whether payloads other than National Aeronautics and Space Administration payloads should be allowed to be launched on the Space Shuttle, how missions will be prioritized, and who will decide which mission flies and when; (4) whether commercial payloads should be allowed to be launched on the Space Shuttle and whether any classes of payloads should be made ineligible for launch consideration; (5) whether National Aeronautics and Space Administration and other Federal Government payloads should have priority over non-Federal payloads in the Space Shuttle launch assignments, and what policies should be developed to prioritize among payloads generally; (6) whether the public interest requires that certain Space Shuttle functions continue to be performed by the Federal Government; and (7) how much cost savings, if any, will be generated by privatization of the Space Shuttle. (c) Report to Congress.–Within 60 days after the date of the enactment of this Act, the National Aeronautics and Space Administration shall complete the study required under subsection (b) and shall submit a report on the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives. SEC. 205. USE OF EXCESS INTERCONTINENTAL BALLISTIC MISSILES. (a) In general.–The Federal Government shall not– (1) convert any missile described in subsection (c) to a space transportation vehicle configuration; or (2) transfer ownership of any such missile to another person, except as provided in subsection (b). (b) Authorized Federal Uses.–(1) A missile described in subsection (c) may be converted for use as a space transportation vehicle by the Federal Government if, except as provided in paragraph (2) and at least 30 days before such conversion, the agency seeking to use the missile as a space transportation vehicle transmits to the Committee on National Security and the Committee on Science of the House of Representatives, and to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate, a certification that the use of such missile– (A) would result in cost savings to the Federal Government when compared to the cost of acquiring space transportation services from United States commercial providers; (B) meets all mission requirements of the agency, including performance, schedule, and risk requirements; (C) is consistent with international obligations of the United States; and (D) is approved by the Secretary of Defense or his designee. (2) The requirement under paragraph (1) that the certification described in that paragraph must be transmitted at least 30 days before conversion of the missile shall not apply if the Secretary of Defense determines that compliance with that requirement would be inconsistent with meeting immediate national security requirements. (c) Missiles Referred to.– The missiles referred to in this section are missiles owned by the United States that– (1) were formerly used by the Department of Defense for national defense purposes as intercontinental ballistic missiles; and (2) have been declared excess to United States national defense needs and are in compliance with international obligations of the United States. SEC. 206. NATIONAL LAUNCH CAPABILITY STUDY. (a) Findings.–Congress finds that a robust satellite and launch industry in the United States serves the interest of the United States by– (1) contributing to the economy of the United States; (2) strengthening employment, technological, and scientific interests of the United States; and (3) serving the foreign policy and national security interests of the United States. (b) Definitions.–In this section: (1) Secretary.–The term “Secretary” means the Secretary of Defense. (2) Total potential national mission model.–The term “total potential national mission model” means a model that– (A) is determined by the Secretary, in consultation with the Administrator, to assess the total potential space missions to be conducted in the United States during a specified period of time; and (B) includes all launches in the United States (including launches conducted on or off a Federal range). (c) Report.– (1) In general.–Not <<NOTE: Deadline.>> later than 180 days after the date of enactment of this Act, the Secretary shall, in consultation with the Administrator and appropriate representatives of the satellite and launch industry and the governments of States and political subdivisions thereof– (A) prepare a report that meets the requirements of this subsection; and (B) submit that report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives. (2) Requirements for report.–The report prepared under this subsection shall– (A) identify the total potential national mission model for the period beginning on the date of the report and ending on December 31, 2007; (B) identify the resources that are necessary or available to carry out the total potential national mission model described in subparagraph (A), including– (i) launch property and services of the Department of Defense, the National Aeronautics and Space Administration, and non-Federal facilities; and (ii) the ability to support commercial launch-on-demand on short notification, taking into account Federal requirements, at launch sites or test ranges in the United States; (C) identify each deficiency in the resources referred to in subparagraph (B); and (D) with respect to the deficiencies identified under subparagraph (C), include estimates of the level of funding necessary to address those deficiencies for the period described in subparagraph (A). (d) Recommendations.–Based on the reports under subsection (c), the Secretary, after consultation with the Secretary of Transportation, the Secretary of Commerce, and representatives from interested private sector entities, States, and local governments, shall– (1) identify opportunities for investment by non-Federal entities (including States and political subdivisions thereof and private sector entities) to assist the Federal Government in providing launch capabilities for the commercial space industry in the United States; (2) identify one or more methods by which, if sufficient resources referred to in subsection (c)(2)(D) are not available to the Department of Defense and the National Aeronautics and Space Administration, the control of the launch property and launch services of the Department of Defense and the National Aeronautics and Space Administration may be transferred from theDepartment of Defense and the National Aeronautics and Space Administration to– (A) one or more other Federal agencies; (B) one or more States (or subdivisions thereof); (C) one or more private sector entities; or (D) any combination of the entities described in subparagraphs (A) through (C); and (3) identify the technical, structural, and legal impediments associated with making launch sites or test ranges in the United States viable and competitive. Approved October 28, 1998. View the full article

(a) Anchor Tenancy Contracts.–Subject to appropriations, the Administrator or the Administrator of the National Oceanic and Atmospheric Administration may enter into multiyear anchor tenancy contracts for the purchase of a good or service if the appropriate Administrator determines that— (1) In general.–Contracts entered into under subsection (a) may provide for the payment of termination liability in the event that the Government terminates such contracts for its convenience. (2) the commercially procured good or service is cost effective; (3) the good or service is procured through a competitive process; (4) existing or potential customers for the good or service other than the United States Government have been specifically identified; (5) the long-term viability of the venture is not dependent upon a continued Government market or other nonreimbursable Government support; and (6) private capital is at risk in the venture. (b) Termination Liability.– (1) Contracts entered into under subsection (a) of this section may provide for the payment of termination liability in the event that the Government terminates such contracts for its convenience. (2) Fixed schedule of payments and limitation on liability.– Contracts that provide for the payment of termination liability, as described in paragraph (1), shall include a fixed schedule of such termination liability payments. Liability under such contracts shall not exceed the total payments which the Government would have made after the date of termination to purchase the good or service if the contract were not terminated. (3) Use of funds.–Subject to appropriations, funds available for such termination liability payments may be used for purchase of the good or service upon successful delivery of the good or service pursuant to the contract. In such case, sufficient funds shall remain available to cover any remaining termination liability. (c) Limitations.— (1)Duration.–Contracts entered into under this section shall not exceed 10 years in duration. (2) Fixed price.–Such contracts shall provide for delivery of the good or service on a firm, fixed price basis. (3) Performance specifications.–To the extent practicable, reasonable performance specifications shall be used to define technical requirements in such contracts. (4) Failure to perform.–In any such contract, the appropriate Administrator shall reserve the right to completely or partially terminate the contract without payment of such termination liability because of the contractor’s actual or anticipated failure to perform its contractual obligations. -SOURCE- (Pub. L. 111-314, Subtitle V, Chapter 505, Sec. 50503, Dec. 18, 2010, 124 Stat. 3405) View the full article

51 U.S.C. 50501 Sec. 50501. Definitions In this chapter: (1) Agency.–The term “agency” means an executive agency as defined in section 105 of title 5. (2) Anchor tenancy.–The term “anchor tenancy” means an arrangement in which the United States Government agrees to procure sufficient quantities of a commercial space product or service needed to meet Government mission requirements so that a commercial venture is made viable. (3) Commercial.–The term “commercial” means having— (A) private capital at risk; and (B) primary financial and management responsibility for the activity reside with the private sector. (4) Cost effective.–The term “cost effective” means costing no more than the available alternatives, determined by a comparison of all related direct and indirect costs including, in the case of Government costs, applicable Government labor and overhead costs as well as contractor charges, and taking into account the ability of each alternative to accommodate mission requirements as well as the related factors of risk, reliability, schedule, and technical performance. (5) Launch.–The term “launch” means to place, or attempt to place, a launch vehicle and its payload, if any, in a suborbital trajectory, in Earth orbit in outer space, or otherwise in outer space. (6) Launch services.–The term “launch services” means activities involved in the preparation of a launch vehicle and its payload for launch and the conduct of a launch. (7) Launch support facilities.–The term “launch support facilities” means facilities located at launch sites or launch ranges that are required to support launch activities, including launch vehicle assembly, launch vehicle operations and control, communications, flight safety functions, and payload operations, control, and processing. (8) Launch vehicle.–The term “launch vehicle” means any vehicle constructed for the purpose of operating in or placing a payload in outer space or in suborbital trajectories, and includes components of that vehicle. (9) Payload.–The term “payload” means an object which a person undertakes to launch, and includes subcomponents of the launch vehicle specifically designed or adapted for that object. (10) Payload integration services.–The term “payload integration services” means activities involved in integrating multiple payloads into a single payload for launch or integrating a payload with a launch vehicle. (11) Space recovery support facilities.–The term “space recovery support facilities” means facilities required to support activities related to the recovery of payloads returned from space to a space recovery site, including operations and control, communications, flight safety functions, and payload processing. (12) Space transportation infrastructure.–The term “space transportation infrastructure” means facilities, associated equipment, and real property (including launch sites, launch support facilities, space recovery sites, and space recovery support facilities) required to perform launch or space recovery activities. (13) State.–The term “State” means the several States, the District of Columbia, Puerto Rico, American Samoa, the United States Virgin Islands, Guam, the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States. (14) United states.–The term “United States” means the States, collectively -SOURCE- (Pub. L. 111-314, Subtitle V, Chapter 505, Sec. 50501, Dec. 18, 2010, 124 Stat. 3404) View the full article

6 Min Read Human Resources The NSSC provides Human Resources (HR) services including: Benefits, Classification Appeals and Services, Development of Information Materials, Drug Testing, Electronic Official Personnel Folders (eOPF), Employee Notices, Employee Recognition and Awards, Financial Disclosure, General Employment Inquiries (GEI), HR Surveys, In-Processing, Leave Programs, Payroll, Personnel Action Processing (PAP), Retirement, Senior Executive Services (SES), Staffing, Suitability Adjudication, Survivor Benefits, Training Administration, Unemployment Compensation, and Workers’ Compensation. Benefits NASA offers a broad array of benefits programs, including health, dental, vision and life insurance, flexible spending accounts, and long-term care insurance to help meet the needs of you and your family. Classification Appeals The NSSC Classification Appeals Team reviews Agency-level appeals submitted by NASA employees who disagree with their current position classification and who wish to appeal their grade, occupational series, or pay system. The NSSC team supports the Agency by evaluating appeals and positions based upon OPM’s classification standards and issuing evaluation statements for final Agency decision. Classification Services Position Classification is the process used to evaluate the duties and responsibilities of a position in order to assign a proper title, occupational series and grade. The Classification Team ensures NASA’s classification program meets regulatory requirements and is consistent with OPM and Agency policy guidance. Development of Information Materials The HR Development of Information Materials Team supports NASA-wide requirements for HR document creation. Drug Testing The NSSC Drug Testing Team administers the NASA Drug Testing Program for applicants selected for or working in a Testing Designated Position (TDP) for all pre-employment, random, voluntary, post-accident or unsafe practice, reasonable suspicion, and follow-up testing. Tests are conducted for NASA employees in TDPs that work at Centers and Satellite locations. Electronic Official Personnel Folder (eOPF) The eOPF is an electronic version of your Official Personnel Folder and contains all the official records required to document your Federal career. Employee Notices The NSSC issues NASA-wide employee notices on a variety of HR topics. These notices engage and inform the NASA civil service workforce in topics such as annual notifications required by Federal law and regulations, employee rights and responsibilities, and various benefits and entitlements. Employee Recognition and Awards The NSSC provides general administrative support to the Agency and all NASA Center Award Offices to advance Agency- and Center-specific award programs, including certificate production and maintenance of the NASA Automated Awards System (NAAS). Financial Disclosure The NSSC Financial Disclosure Team provides support to Agency ethics offices, human resources offices, and financial disclosure filers for Confidential Financial Disclosure Office of Government (OGE) Form 450, Public Financial Disclosure Report OGE Form 278e, and Periodic Transaction Report OGE Form 278-T through NASA’s Ethics Program Tracking System (EPTS) and related services. General Employment Inquiries Many individuals worldwide are interested in a NASA career. The NSSC provides a variety of HR support activities including responding to a broad variety of questions from the public regarding Federal employment at NASA. As the Agency resource for these types of inquiries, the NSSC General Employment Inquiry team is available to field requests for information on subjects such as how to apply for a NASA position, citizenship requirements, student programs, veteran employment, and other general employment information. For information about NASA jobs and the employment process, visit Careers at NASA. If you have general questions about the application process, student employment programs, opportunities for veterans, or other general employment questions, contact the NSSC by e-mail at nssc-contactcenter@nasa.gov or phone at 1-877-677-2123 (1-877-NSSC123). HR Surveys The NSSC supports, coordinates, facilitates, and administers customer/Agency surveys, and studies of interest to the Government, as requested by the Office of the Chief Human Capitol Officer (OCHCO) or the Office of Diversity and Equal Opportunity (ODEO). In-Processing The NSSC In-Processing Team provides service to new NASA civil servants, transferred employees, reemployed annuitants, reinstated, converted, and reassigned employees. Leave Programs NASA leave programs work in coordination with one another to provide the most flexibility possible to NASA employees who are experiencing a personal or family medical emergency. Payroll The NSSC) Payroll Office (NPO) reviews, validates, and delivers time and attendance data to the Department of the Interior (DOI) Interior Business Center (IBC) for NASA Centers. NPO acts as liaison between Centers, employees and IBC for other payroll related activities such as supplemental payments, prior pay period adjustments and settlement agreements. Personnel Action Request (PAR) PAP covers transactional HR activities that are necessary to appoint, separate, record, and maintain personnel changes for NASA employees. Retirement The NSSC provides general administrative, advisory, and transactional support for federal benefits programs to all NASA employees, calculates retirement estimates, and processes retirements packages. Senior Executive Services (SES) and Presidential Rank Award (PRA) The NSSC provides documentation support for NASA’s Senior Executive Service (SES) appointments and Presidential Rank Award (PRA) nominations. Staffing Staffing Services works directly with hiring managers across the Agency to fill their vacancies and hire the talent they need. OCHCO Executive Services Division and the Office of Inspector General provide these services to their respective areas. Suitability Adjudication The NSSC Suitability team ensures consistent, timely, and quality adjudication decisions to meet the hiring requirements delineated in the 2010 Presidential Memorandum (Improving the Federal Recruitment and Hiring Process) and adhering to OPM’s adjudication metrics. Survivor Benefits In the event of an employee’s passing, a NASA Benefits Specialist will help your survivor file all necessary claims for any survivor and dependent annuities, life insurance and other benefits which may be available to them. Your surviving family members are our highest priority. Training Administration The NSSC provides training purchases and training administration support for specified needs that are standard across the Agency. Training Purchases includes procuring standard training classes, “reserving” seats for specific on-site courses, updating data in NASA’s learning management system (LMS), and completing acquisitions. Training Administration, which transitioned to the NSSC in FY 2020, consists of administering Federal, Agency, and Center-mandated/required training to include entering training course information and employee training data into the LMS for updated training histories, supporting documents for offsite and onsite course requests, learning history, approved training forms, attendance and completion data, and course information; supporting Center Training Offices with the administration and payment of courses, and providing post-training support to include deploying course evaluations and compiling survey results, closing scheduled offerings and inactivating course items; and administering the Agency’s LMS (i.e., System for Administration, Training, and Educational Resources for NASA (SATERN). Unemployment Compensation The Unemployment Compensation for Federal Employees (UCFE) program provides a weekly income for a limited period of time to unemployed former Federal civilian workers who meet eligibility requirements, to help them meet basic needs while searching for employment. Workers’ Compensation The NSSC provides Workers’ Compensation case management support for all NASA employees to assist injured employees in a timely and safe return to work. View the full article

Psyche mission team members prepare the spacecraft at a facility near NASA’s Kennedy Space Center in Florida in late July, just after the solar arrays were folded and stowed.NASA/Kim Shiflett NASA is inviting the public to take part in virtual activities ahead of the launch of NASA’s Psyche spacecraft. The Psyche spacecraft will travel about 2.2 billion miles to study a metal-rich asteroid of the same name. The asteroid, which lies in the outer portion of the main asteroid belt between Mars and Jupiter, may be part of a core of a planetesimal (a building block of a planet) and can tell us more about planetary cores and Earth’s own formation. Psyche is targeting liftoff at 10:16 a.m. EDT on Thursday, Oct. 12, on a SpaceX Falcon Heavy rocket from Launch Complex 39A at the agency’s Kennedy Space Center in Florida. The spacecraft also is hosting a technology demonstration, NASA’s Deep Space Optical Communications (DSOC), which will be the first test of laser communications beyond the Moon. Members of the public can register to attend the launch virtually. As a virtual guest, you have access to curated resources, schedule changes, and mission-specific information delivered straight to your inbox. Following each activity, virtual guests will receive a commemorative stamp for their virtual guest passport. The live launch broadcast will begin at 9:30 a.m. EDT on Thursday, Oct. 12, and will air on YouTube, X, Facebook, Twitch, Daily Motion, the NASA app, www.nasa.gov/nasatv, and NASA’s UHD Channel. For more information about the Psyche mission, visit: https://www.nasa.gov/psyche. View the full article

3 min read Stellar Sights in this New Hubble Galaxy Snapshot NASA’s Hubble Space Telescope, ESA, A. Filippenko (University of California – Berkeley), R. Foley (University of California – Santa Cruz), C. Kilpatrick (Northwestern University), and D. Sand (University of Arizona); Processing: Gladys Kober (NASA/Catholic University of America) Hubble is sharing a brand new galaxy image every day through October 7, 2023! Visit our website daily, or follow along on X, Facebook, and Instagram. Bright blue spiral arms twist around the bright-white center of this starry galaxy. This new NASA Hubble Space Telescope image features NGC 6951, a barred spiral galaxy 78 million light-years away in the Cepheus constellation. Discovered independently by French astronomer Jerome Coggia in 1877 and American astronomer Lewis Swift in 1878, NGC 6951 intrigues scientists with its stellar history. The galaxy had its highest rates of star formation about 800 million years ago, then sat quietly for 300 million years before beginning to birth stars again. The average age of a star cluster, or gravitationally-bound group of stars, in this galaxy is 200 to 300 million years old, though some are as old as one billion years. Turbulent regions of gas, shown in dark red, surround the bright blue pinpricks that are star clusters. Astronomers often classify NGC 6951 as a Type II Seyfert galaxy, a type of active galaxy that emits large amounts of infrared radiation and has slow-moving gaseous matter near its center. Some astronomers classify NGC 6951 as a low-ionization nuclear emission-line region (LINER) galaxy, which is similar to a Type II Seyfert galaxy but with a cooler nucleus that emits weakly ionized or neutral atoms like oxygen, nitrogen, and sulfur. The whole galaxy is about 75,000 light-years across, and since it is close to the northern celestial pole, it is visible from the northern hemisphere. At the center of NGC 6951 lies a supermassive black hole surrounded by a ring of stars, gas, and dust about 3,700 light-years across. This “circumnuclear ring” is between 1 and 1.5 billion years old and has been forming stars for most of that time. Scientists hypothesize that interstellar gas flows through the dense, starry bar of the galaxy to the circumnuclear ring, which supplies new material for star formation. Up to 40 percent of the mass in the ring comes from relatively new stars that are less than 100 million years old. Spiral lanes of dust, shown in dark orange, connect the center of the galaxy to its outer regions, contributing more material for future star formation. Some of the stars in NGC 6951 have also experienced terrific stellar explosions known as supernovae; astronomers have counted as many as six supernovae in this galaxy in the past 25 years. Scientists continue to study NGC 6951 to better understand the environments that produce supernovae. Studying the emissions from supernovae helps astronomers understand the progenitor star, its age, luminosity, and position. This image used data from Hubble’s Wide Field Camera 3 and Advanced Camera for Surveys. The data is in both visible and infrared light. See the new images and learn more about galaxies Media Contact: Claire Andreoli NASA’s Goddard Space Flight Center, Greenbelt, MD claire.andreoli@nasa.gov Share Details Last Updated Oct 04, 2023 Editor Andrea Gianopoulos Contact Related Terms Astrophysics Division Galaxies Goddard Space Flight Center Hubble Space Telescope Missions Science Mission Directorate Seyfert Galaxies Spiral Galaxies The Universe Keep Exploring Discover More Topics From NASA Stars Stories Galaxies Stories Exoplanets Our Solar System View the full article