(e) Lease Restrictions.
(1) NASA is not authorized to lease back property under this section during the term of the out-lease or enter into other contracts with the lessee respecting the property.
(2) NASA is not authorized to enter into an out-lease under this section unless the Administrator certifies that such out-lease will not have a negative impact on NASA’s mission.
(f) Sunset.—The authority to enter into leases under this section shall expire on the date that is ten years after the date of the enactment of the Commerce, Justice, Science, and Related Agencies Appropriations Act of 2008. The expiration under this subsection of authority to enter into leases under this section shall not affect the validity or term of leases or NASA’s retention of proceeds from leases entered into under this section before the date of the expiration of such authority.
RETROCESSION OF JURISDICTION
Sec. 316. (a) Notwithstanding any other provision of law, the Administrator may relinquish to a State all or part of the legislative jurisdiction of the United States over lands or interests under the control of the Administrator in that State.
(b) For purposes of this section, the term ‘State’ means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.
RECOVERY AND DISPOSITION AUTHORITY
Sec. 317.(a) In General.–
(1) Control of remains.–Subject to paragraphs (2) and (3), when there is an accident or mishap resulting in the death of a crewmember of a NASA human space flight vehicle, the Administrator may take control over the remains of the crewmember and order autopsies and other scientific or medical tests.
(2) Treatment.–Each crewmember shall provide the Administrator with his or her preferences regarding the treatment accorded to his or her remains and the Administrator shall, to the extent possible, respect those stated preferences.
(3) Construction.–This section shall not be construed to permit the Administrator to interfere with any Federal investigation of a mishap or accident.
(b) Definitions.–In this section:
(1) Crewmember.–The term ‘crewmember’ means an astronaut or other person assigned to a NASA human space flight vehicle.
(2) NASA human space flight vehicle.–The term ‘NASA human space flight vehicle’ means a space vehicle, as defined in section 308(f)(1), that
(A) is intended to transport 1 or more persons;
(B) is designed to operate in outer space; and
(C) is either owned by NASA, or owned by a NASA contractor or cooperating party and operated as part of a NASA mission or a joint mission with NASA.
TITLE IV—UPPER ATMOSPHERIC RESEARCH
PURPOSE AND POLICY
Sec. 401. (a) The purpose of this title is to authorize and direct the Administration to develop and carry out a comprehensive program of research, technology, and monitoring of the phenomena of the upper atmosphere so as to provide for an understanding of and to maintain the chemical and physical integrity of the Earth’s upper atmosphere.
(b) The Congress declares that is the policy of the United States to undertake an immediate and appropriate research, technology, and monitoring program that will provide for understanding the physics and chemistry of the Earth’s upper atmosphere.
DEFINITIONS
Sec. 402. For the purpose of this title the term “upper atmosphere” means that portion of the Earth’s sensible atmosphere above the troposphere.
PROGRAM AUTHORIZED
Sec. 403. (a) In order to carry out the purposes of this title the Administration in cooperation with other Federal agencies, shall initiate and carry out a program of research, technology, monitoring, and other appropriate activities directed to understand the physics and chemistry of the upper atmosphere.
(b) In carrying out the provisions of this title the Administration shall–
(1) arrange for participation by the scientific and engineering community, of both the Nation’s industrial organizations and institutions of higher education, in planning and carrying out appropriate research, in developing necessary technology and in making necessary observations and measurements;
(2) provide, by way of grant, contract, scholarships or other arrangements, to the maximum extent practicable and consistent with other laws, for the widest practicable and appropriate participation of the scientific and engineering community in the program authorized by this title; and
(3) make all results of the program authorized by this title available to the appropriate regulatory agencies and provide for the widest practicable dissemination of such results.
INTERNATIONAL COOPERATION
Sec. 404. In carrying out the provisions of this title, the Administration, subject to the direction of the President and after consultation with the Secretary of State, shall make every effort to enlist the support and cooperation of appropriate scientists and engineers of other countries and international organizations.
APPENDIX B*
Selected Statutory Provisions Applicable to NASA
National Space Grant College and Fellowship Act
Utilization of Federal Technology-Cooperative Research and Development Agreements (CRDAs)
Anchor tenancy and termination liability
Use of Government facilities
Special maritime and territorial jurisdiction of the United States defined
Disclosure of confidential information generally
Inventions in outer space
Prohibition of grant or contract providing guaranteed customer base for new commercial space hardware or services
Recovery of fair value of placing Department of Defense payloads in Orbit with Space Shuttle
Space Shuttle use policy
Definitions
Other activities of National Aeronautics and Space Administration
Shuttle pricing policy; Congressional findings and declaration of purpose
Acquisition of space science data
Sources of earth science data
Commission on the Future of the United States Aerospace Industry
International Space Station Contingency Plan
Aero-Space Transportation Technology Integration
Innovative Technologies for Human Space Flight
Life in the Universe
Carbon Cycle Remote Sensing Applications Research
100th Anniversary of Flight Educational Initiative
National Aeronautics and Space Administration Authorization Act of 2000
Working Capital Fund
Appointment of Commissioned Officer as Deputy Administrator
Notice of Reprogramming or Reorganization
Purchase of American-Made Equipment and Products
Enhancement of Science and Mathematics Programs
NASA Flexibility Act of 2004
National Space Grant College and Fellowship Act
Title II, Pub. L. No. 100-147
101 Stat. 860, 869-875 (Oct. 30, 1987)
Codified at 42 U.S.C.§§ 2486-24861
SEC. 2486. CONGRESSIONAL STATEMENT OF FINDINGS
The Congress finds that–
(1) the vitality of the Nation and the quality of life of the citizens of the Nation depend increasingly on the understanding, assessment, development, and utilization of space resources;
(2) research and development of space science, space technology, and space commercialization will contribute to the quality of life, national security, and the enhancement of commerce;
(3) the understanding and development of the space frontiers require a broad commitment and an intense involvement on the part of the Federal Government in partnership with State and local governments, private industry, universities, organizations, and individuals concerned with the exploration and utilization of space;
(4) the National Aeronautics and Space Administration, through the nati
onal space grant college and fellowship program, offers the most suitable means for such commitment and involvement through the promotion of activities that will result in greater understanding, assessment, development, and utilization; and
(5) Federal support of the establishment, development, and operation of programs and projects by space grant colleges, space grant regional consortia, institutions of higher education, institutes, laboratories, and other appropriate public and private entities is the most cost-effective way to promote such activities.
SEC. 2486A. CONGRESSIONAL STATEMENT OF PURPOSE
The purposes of this title are to–
(1) increase the understanding, assessment, development, and utilization of space resources by promoting a strong educational base, responsive research and training activities, and broad and prompt dissemination of knowledge and techniques;
(2) utilize the abilities and talents of the universities of the Nation to support and contribute to the exploration and development of the resources and opportunities afforded by the space environment;
(3) encourage and support the existence of interdisciplinary and multidisciplinary programs of space research within the university community of the Nation, to engage in integrated activities of training, research and public service, to have cooperative programs with industry, and to be coordinated with the overall program of the National Aeronautics and Space Administration;
(4) encourage and support the existence of consortia, made up of university and industry members, to advance the exploration and development of space resources in cases in which national objectives can be better fulfilled than through the programs of single universities;
(5) encourage and support Federal funding for graduate fellowships in fields related to space; and
(6) support activities in colleges and universities generally for the purpose of creating and operating a network of institutional programs that will enhance achievements resulting from efforts under this title.
SEC. 2486B. DEFINITIONS
As used in this title, the term–
(1) “Administration” means the National Aeronautics and Space Administration;
(2) “Administrator” means the Administrator of the National Aeronautics and Space Administration;
(3) “aeronautical and space activities” has the meaning given to such term in section 103(1) of the National Aeronautics and Space Act of 1958 [42 U.S. C ~ 2452(1)1;
(4) “field related to space” means any academic discipline or field of study (including the physical, natural, and biological sciences, and engineering, space technology, education, economics, sociology, communications, planning, law, international affairs, and public administration) which is concerned with or likely to improve the understanding, assessment, development, and utilization of space;
(5) “panel” means the space grant review panel established pursuant to section 210 of this title (42 U.S. C § 2486h);
(6) “Person” means any individual, any public or private corporation, partnership, or other association or entity (including any space grant college, space grant regional consortium, institution of higher education, institute, or laboratory), or any State, political subdivision of a State, or agency or officer of a State or political subdivision of a State;
(7) “space environment” means the environment beyond the sensible atmosphere of the Earth;
(8) “space grant college” means any public or private institution of higher education which is designated as such by the Administrator pursuant to section 208 of this title (42 U.S. C § 2486f);
(9) “space grant program” means any program which–
(A) is administered by any space grant college, space grant regional consortium, institution of higher education, institute, laboratory, or State or local agency; and
(B) includes two or more projects involving education and one or more of the following activities in the fields related to space–
(i) research,
(ii) training, or
(iii) advisory services;
(10) “space grant regional consortium” means any association or other alliance which is designated as such by the Administrator pursuant to section 208 of this title (42 U.S.C. § 24860;
(11) “space resource” means any tangible or intangible benefit, which can only be realized from–
(A) aeronautical and space activities; or
(B) advancements in any field related to space; and
(12) “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States.
SEC. 2486C. NATIONAL SPACE GRANT COLLEGE AND
FELLOWSHIP PROGRAM
(a) Establishment; long-range guidelines and priorities; program evaluation
The Administrator shall establish and maintain, within the Administration, a program to be known as the national space grant college and fellowship program. The national space grant college and fellowship program shall consist of the financial assistance and other activities provided for in this title. The Administrator shall establish long-range planning guidelines and priorities, and adequately evaluate the program.
(b) Functions
Within the Administration, the program shall–
(1) apply the long-range planning guidelines and the priorities established by the Administrator under subsection (a) of this section;
(2) advise the Administrator with respect to the expertise and capabilities which are available through the national space grant college and fellowship program, and make such expertise available to the Administration as directed by the Administrator;
(3) evaluate activities conducted under grants and contracts awarded pursuant to sections 206 and 207 of this title (42 U. S. C §§ 2486d and 2486e) to assure that the purposes set forth in section 203 (42 U.S. C § 2486a) of this title are implemented;
(4) encourage other Federal departments, agencies, and instrumentalities to use and take advantage of the expertise and capabilities which are available through the national space grant college and fellowship program, on a cooperative or other basis;
(5) encourage cooperation and coordination with other Federal programs concerned with the development of space resources and fields related to space;
(6) advise the Administrator on the designation of recipients supported by the national space grant college and fellowship program and, in appropriate cases, on the termination or suspension of any such designation; and
(7) encourage the formation and growth of space grant and fellowship programs.
(c) Acceptance of gifts and donations; funds from other Federal agencies; issuance of rules and regulations
To carry out the provisions of this title, the Administrator may
(1) accept conditional or unconditional gifts or donations of services, money, or property, real, personal or mixed, tangible or intangible;
(2) accept and use funds from other Federal departments, agencies, and instrumentalities to pay for fellowships, grants, contracts, and other transactions; and
(3) issue such rules and regulations as may be necessary and appropriate.
SEC. 2486D. GRANTS OR CONTRACTS
(a) Authority of Administrator; amount
The Administrator may make grants and enter into contracts or other transactions under this subsection to assist any space grant and fellowship program or project if the Administrator finds that such program or project will carry out the purposes set forth in section 203 of this title (42 U.S. C § 2486a). The total amount paid pursuant to any such grant or contract may equal 66 percent, or any lesser percent, of the total cost of the space grant and fellowship program or project involved, except that this limitation shall not apply in the case of grants or contracts paid for with funds accepted by the Administrator pursuant to section 205(c)(2) of this title [42 U.S. C § 2486c(c)(2)].
(b) Special grant
s; amount; prerequisites
The Administrator may make special grants under this subsection to carry out the purposes set forth in section 203 of this title (42 U.S.C. § 2486a). The amount of any such grant may equal 100 percent, or any lesser percent, of the total cost of the project involved. No grant may be made under this subsection, unless the Administrator finds that
(1) no reasonable means is available through which the applicant can meet the matching requirement for a grant under subsection (a) of this section;
(2) the probable benefit of such project outweighs the public interest in such matching requirement; and
(3) the same or equivalent benefit cannot be obtained through the award of a contract or grant under subsection (a) of this section or section 207 of this title (42 U.S.C. § 2486e).
(c) Application
Any person may apply to the Administrator for a grant or contract under this section. Application shall be made in such form and manner, and with such content and other submissions, as the Administrator shall by regulation prescribe.
(d) Terms and conditions; limitations; leasing-, record-keeping-, audits
(1) Any grant made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in paragraphs (2) and (3) of this subsection and to such other terms, conditions and requirements as the Administrator considers necessary or appropriate.
(2) No payment under any grant or contract under this section may be applied to–
(A) the purchase of any land;
(B) the purchase, construction, preservation, or repair of any building; or
(C) the purchase or construction of any launch facility or launch vehicle.
(3) Notwithstanding paragraph (2) of this subsection, the items in subparagraphs (A), (B), and (C) of such paragraph may be leased upon written approval of the Administrator.
(4) Any person who receives or utilizes any proceeds of any grant or contract under this section shall keep such records as the Administrator shall by regulation prescribe as being necessary and appropriate to facilitate effective audit and evaluation, including records which fully disclose the amount and disposition by such recipient of such proceeds, the total cost of the program or project in connection with which such proceeds were used, and the amount, if any, of such cost which was provided through other sources. Such records shall be maintained for three years after the completion of such a program or project. The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and evaluation, to any books, documents, papers and records of receipts which, in the opinion of the Administrator or the Comptroller General, may be related or pertinent to such grants and contracts.
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