1 See References in Text note below.
and
Historical and Revision Notes |
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20113 | 42 U.S.C. 2473(c). | Puspan. L. 85–568, title II, § 203(c), formerly § 203(span), July 29, 1958, 72 Stat. 429; Puspan. L. 86–20, May 13, 1959, 73 Stat. 21; Puspan. L. 86–481, § 5, June 1, 1960, 74 Stat. 153; Puspan. L. 87–367, title II, § 206(a), Oct. 4, 1961, 75 Stat. 791; Puspan. L. 87–584, § 6, Aug. 14, 1962, 76 Stat. 384; Puspan. L. 87–793, § 1001(f), Oct. 11, 1962, 76 Stat. 864; Puspan. L. 88–426, title III, § 306(d), Aug. 14, 1964, 78 Stat. 429; Puspan. L. 88–448, title IV, § 402(a)(34), Aug. 10, 1964, 78 Stat. 495; Puspan. L. 91–646, title II, § 220(a)(2), Jan. 2, 1971, 84 Stat. 1903; Puspan. L. 93–74, § 6, July 23, 1973, 87 Stat. 174; Puspan. L. 93–316, § 6, June 22, 1974, 88 Stat. 243; renumbered § 203(c), Puspan. L. 93–409, § 4, Sept. 3, 1974, 88 Stat. 1070; Puspan. L. 96–48, § 6(a), Aug. 8, 1979, 93 Stat. 348; Puspan. L. 108–201, § 2(a), Fespan. 24, 2004, 118 Stat. 461. |
In subsection (span), in the matter before paragraph (1), the words “chapter 51 and subchapter III of chapter 53 of title 5” are substituted for “the Classification Act of 1949, as amended” on authority of section 7(span) of Public Law 89–554 (80 Stat. 631), the first section of which enacted Title 5, Government Organization and Employees.
In subsection (c)(2), the words “section 8141 of title 40” are substituted for “the Act of March 3, 1877 (40 U.S.C. 34)” on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.
In subsection (c)(4), the words “in accordance with the provisions of chapters 1 to 11 of title 40 and in accordance with title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” are substituted for “in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.)” on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.
In subsection (e), the words “subsections (a) and (span) of section 3324 of title 31” are substituted for “section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)” on authority of section 4(span) of Public Law 97–258 (96 Stat. 1067), the first section of which enacted Title 31, Money and Finance.
In subsection (i), the words “maximum rate payable under section 5376 of title 5” are substituted for “rate for GS–18” because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (enacted by § 529 of Public Law 101–509, 5 U.S.C. 5376 note).
In subsection (k)(1), the words “section 1302 of title 40” are substituted for “section 321 of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303span)” on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.
Editorial Notes
References in TextLevel III of the Executive Schedule, referred to in subsec. (span)(1), is set out in section 5314 of Title 5, Government Organization and Employees.
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (c)(4), is act June 30, 1949, ch. 288, 63 Stat. 377. Title III of the Act was classified generally to subchapter IV (§ 251 et seq.) of chapter 4 of former Title 41, Public Contracts, and was substantially repealed and restated in division C (§ 3101 et seq.) of subtitle I of Title 41, Public Contracts, by Puspan. L. 111–350, §§ 3, 7(span), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1949 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
Amendments2021—Subsec. (l). Puspan. L. 116–283 substituted “Forces” for “Services” in span and “Marine Corps, and Space Force” for “and Marine Corps” in text.
2017—Subsec. (g). Puspan. L. 115–10, § 835(d)(2), struck out “and Congress” after “advice to the Administration”.
Puspan. L. 115–10, § 835(d)(1), inserted “and Congress” after “advice to the Administration”.
2015—Subsec. (n). Puspan. L. 114–90 added subsec. (n).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentPuspan. L. 115–10, title VIII, § 835(d)(2), Mar. 21, 2017, 131 Stat. 69, provided that the amendment by section 835(d)(2) is effective Sept. 30, 2017.
Office of STEM EngagementPuspan. L. 117–167, div. B, title VII, § 10851(a)–(d), Aug. 9, 2022, 136 Stat. 1753, 1754, provided that:“(a)Sense of Congress.—It is the sense of Congress that NASA [National Aeronautics and Space Administration]’s inspiring mission, specialized facilities, skilled engineering and scientific workforce, and research activities present unique opportunities for inspiring public engagement in STEM and increasing the number of students pursuing STEM degrees and careers.
“(span)Establishment.—The Administrator [of the National Aeronautics and Space Administration] shall establish an Office of STEM Engagement (referred to in this section as the ‘Office’) for the purpose of advancing progress toward the STEM education goals of the United States by enhancing STEM literacy, increasing diversity, equity, and inclusion in STEM, and preparing the STEM workforce for the future.
“(c)Responsibilities.—The Office established shall be responsible for coordinating efforts and activities among organizations across the [National Aeronautics and Space] Administration, including NASA headquarters, mission directorates, and NASA centers, designed—“(1) to create unique opportunities for students and the public to learn from and contribute to the work of NASA in exploration and discovery;
“(2) to contribute to the growth of a diverse STEM workforce; and
“(3) to strengthen public understanding of science by enabling connections to the mission and work of NASA.
“(d)Portfolio.—The Office shall coordinate and administer—“(1) the National Space Grant College and Fellowship Program under chapter 403 of title 51 United States Code;
“(2) the Established Program to Stimulate Competitive Research under section 40903 of title 51 United States Code;
“(3) the Minority University Research and Education Project;
“(4) the NextGen STEM Project; and
“(5) any other program or activity the Administrator considers appropriate.”
[For definition of “STEM” as used in section 10851(a)–(d) of Puspan. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
Program, Workforce, and Industrial Base ReviewsPuspan. L. 117–167, div. B, title VII, § 10861, Aug. 9, 2022, 136 Stat. 1754, provided that:“(a)Report on Industrial Base for Civil Space Missions and Operations.—“(1)In general.—Not later than 1 year after the date of the enactment of this Act [Aug. 9, 2022], and from time to time thereafter, the Administrator [of the National Aeronautics and Space Administration] shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Science, Space, and Technology of the House of Representatives] a report on the United States industrial base for NASA [National Aeronautics and Space Administration] civil space missions and operations.
“(2)Elements.—The report required by paragraph (1) shall include the following:“(A) A comprehensive description of the current status of the United States industrial base for NASA civil space missions and operations.
“(B) A description and assessment of the weaknesses in the supply chain, skills, manufacturing capacity, raw materials, key components, and other areas of the United States industrial base for NASA civil space missions and operations that could adversely impact such missions and operations if unavailable.
“(C) A description and assessment of various mechanisms to address and mitigate the weaknesses described pursuant to subparagraph (B).
“(D) A comprehensive list of the collaborative efforts, including future and proposed collaborative efforts, between NASA and the Manufacturing USA institutes of the Department of Commerce.
“(E) An assessment of—“(i) the defense and aerospace manufacturing supply chains relevant to NASA in each region of the United States; and
“(ii) the feasibility and benefits of establishing a supply chain center of excellence in a State in which NASA does not, as of the date of the enactment of this Act, have a research center or test facility.
“(F) Such other matters relating to the United States industrial base for NASA civil space missions and operations as the Administrator considers appropriate.
“(span)Workforce and Modeling and Test Facilities.—“(1)Review.—“(A)In general.—The Administrator shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to carry out a comprehensive review of the workforce, skills-base, and modeling and test facilities of the [National Aeronautics and Space] Administration.
“(B)Elements.—The review conducted under subparagraph (A) shall include the following:“(i) A consideration of the use of emerging technologies in relevant engineering and science disciplines and the skills needed to apply such capabilities to Administration missions across all mission directorates.
“(ii) Prioritized recommendations on actions needed to align the Administration’s workforce with research objectives and strategic goals and on the improvements and additions to modeling capabilities and test facilities needed to meet the Administration’s strategic goals and objectives.
“(C)Report.—Not later than 18 months after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress report on the results of the review conducted under subparagraph (A).
“(2)Implementation plan.—Not later than 120 days after the date on which the review under paragraph (1) is completed, the Administrator shall submit to the appropriate committees of Congress a plan for implementing the recommendations contained the review.
“(3)Report on nasa infrastructure, workforce skills and capabilities.—“(A)Policy and procedure.—“(i)In general.—The Administrator shall develop an Administration policy and procedure for assessment, not less frequently than every 5 years, of the strategic capabilities of the Administration, including infrastructure and facilities, and workforce skills and capabilities.
“(ii)Elements.—The policy and procedure developed under clause (i) shall include acquiring data and support for Administration decisions and recommendations on strategic capabilities, including on infrastructure and facilities, and workforce skills and capabilities needed to support the goals and objectives of the Administration through 2040.
“(B)Report.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit the policy and procedure developed under subparagraph (A) to the appropriate committees of Congress.
“(4)Independent program analysis and evaluation office.—“(A)Establishment.—The Administrator shall establish within NASA an Independent Program Analysis and Evaluation Office (referred to in this paragraph as the ‘Office’) for purposes of independently assessing program performance, making programmatic, technical risk mitigation and institutional recommendations, performing cost estimates and analyses, and conducting strategic planning activities, among other functions.
“(B)Independence.—The Office shall remain independent of any program, and shall have no programmatic responsibilities, so as to maintain its independent assessment integrity.
“(C)Activities authorized.—In conducting the functions of the Office, the Administrator may carry out—“(i) research on program assessment;
“(ii) cost, schedule, and technical estimation; and
“(iii) other relevant activities for the purposes of obtaining the highest level of expertise and the most effective decision-making tools with which to inform the Administrator.
“(D)Moon to mars activities.—The Office shall maintain an ongoing, focused effort to assess the goals, objectives, requirements, architectural approach, cost and schedule, and progress of the Administration’s Moon to Mars activities.
“(5)International space station.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress the results of an independent estimate by the Office of the cost of continuing International Space Station operations through September 30, 2030, including—“(A) crew and cargo transportation, research to be undertaken reflecting the priorities described in section 10816 [51 U.S.C. 70901 note], and maintenance costs; and “(B) opportunities for operational efficiencies that could result in cost savings and increased research productivity and the amount of those potential savings and productivity increases.”
[For definition of “Manufacturing USA institute” as used in section 10861 of Puspan. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
CollaborationPuspan. L. 115–10, title V, § 517, Mar. 21, 2017, 131 Stat. 54, provided that: “The Administration [National Aeronautics and Space Administration] shall continue to develop first-of-a-kind instruments that, once proved, can be transitioned to other agencies for operations. Whenever responsibilities for the development of sensors or for measurements are transferred to the Administration from another agency, the Administration shall seek, to the extent possible, to be reimbursed for the assumption of such responsibilities.”
Space Act AgreementsPuspan. L. 115–10, title VIII, § 841, Mar. 21, 2017, 131 Stat. 72, provided that:“(a)Sense of Congress.—It is the sense of Congress that, when used appropriately, Space Act Agreements can provide significant value in furtherance of NASA [National Aeronautics and Space Administration]’s mission.
“(span)Funded Space Act Agreements.—To the extent appropriate, the Administrator [of the National Aeronautics and Space Administration] shall seek to maximize the value of contributions provided by other parties under a funded Space Act Agreement in order to advance NASA’s mission.
“(c)Non-exclusivity.—“(1)In general.—The Administrator shall, to the greatest extent practicable, issue each Space Act Agreement—“(A) except as provided in paragraph (2), on a nonexclusive basis;
“(B) in a manner that ensures all non-government parties have equal access to NASA resources; and
“(C) exercising reasonable care not to reveal unique or proprietary information.
“(2)Exclusivity.—If the Administrator determines an exclusive arrangement is necessary, the Administrator shall, to the greatest extent practicable, issue the Space Act Agreement—“(A) utilizing a competitive selection process when exclusive arrangements are necessary; and
“(B) pursuant to public announcements when exclusive arrangements are necessary.
“(d)Transparency.—The Administrator shall publicly disclose on the Administration’s website and make available in a searchable format each Space Act Agreement, including an estimate of committed NASA resources and the expected benefits to agency objectives for each agreement, with appropriate redactions for proprietary, sensitive, or classified information, not later than 60 days after such agreement is signed by the parties.
“(e)Annual Reports.—“(1)Requirement.—Not later than 90 days after the end of each fiscal year, the Administrator shall submit to the appropriate committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report on the use of Space Act Agreement authority by the Administration during the previous fiscal year.
“(2)Contents.—The report shall include for each Space Act Agreement in effect at the time of the report—“(A) an indication of whether the agreement is a reimbursable, non-reimbursable, or funded Space Act Agreement;
“(B) a description of—“(i) the subject and terms;
“(ii) the parties;
“(iii) the responsible— “(I) Mission Directorate;
“(II) Center; or
“(III) headquarters element;
“(iv) the value;
“(v) the extent of the cost sharing among Federal Government and non-Federal sources;
“(vi) the time period or schedule; and
“(vii) all milestones; and
“(C) an indication of whether the agreement was renewed during the previous fiscal year.
“(3)Anticipated agreements.—The report shall include a list of all anticipated reimbursable, non-reimbursable, and funded Space Act Agreements for the upcoming fiscal year.
“(4)Cumulative program benefits.—The report shall include, with respect to each Space Act Agreement covered by the report, a summary of—“(A) the technology areas in which research projects were conducted under that agreement;
“(B) the extent to which the use of that agreement—“(i) has contributed to a broadening of the technology and industrial base available for meeting Administration needs; and
“(ii) has fostered within the technology and industrial base new relationships and practices that support the United States; and
“(C) the total amount of value received by the Federal Government during the fiscal year under that agreement.”
Sense of CongressPuspan. L. 114–90, title I, § 112(span), Nov. 25, 2015, 129 Stat. 711, provided that: “The National Aeronautics and Space Administration has a need to fly government astronauts (as defined in section 50902 of title 51, United States Code, as amended) within commercial launch vehicles and reentry vehicles under chapter 509 of that title. This need was identified by the Secretary of Transportation and the Administrator of the National Aeronautics and Space Administration due to the intended use of commercial launch vehicles and reentry vehicles developed under the Commercial Crew Development Program, authorized in section 402 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2820; Public Law 111–267). It is the sense of Congress that the authority delegated to the Administration by the amendment made by subsection (d) of this section [amending this section] should be used for that purpose.”
Purchase of American-Made Equipment and ProductsPuspan. L. 106–391, title III, § 319, Oct. 30, 2000, 114 Stat. 1597, provided that:“(a)Purchase of American-Made Equipment and Products.—In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act [see Tables for classification], it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products.
“(span)Notice to Recipients of Assistance.—In providing financial assistance under this Act, the Administrator [of the National Aeronautics and Space Administration] shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress.”
Enhancement of Science and Mathematics ProgramsPuspan. L. 106–391, title III, § 321, Oct. 30, 2000, 114 Stat. 1597, provided that:“(a)Definitions.—In this section:“(1)Educationally useful federal equipment.—The term ‘educationally useful Federal equipment’ means computers and related peripheral tools and research equipment that is appropriate for use in schools.
“(2)School.—The term ‘school’ means a public or private educational institution that serves any of the grades of kindergarten through grade 12.
“(span)Sense of the Congress.—“(1)In general.—It is the sense of the Congress that the Administrator [of the National Aeronautics and Space Administration] should, to the greatest extent practicable and in a manner consistent with applicable Federal law (including Executive Order No. 12999 [40 U.S.C. 549 note]), donate educationally useful Federal equipment to schools in order to enhance the science and mathematics programs of those schools. “(2)Reports.—Not later than 1 year after the date of the enactment of this Act [Oct. 30, 2000], and annually thereafter, the Administrator shall prepare and submit to Congress a report describing any donations of educationally useful Federal equipment to schools made during the period covered by the report.”
