51 U.S.C. § 20103 — Definitions

Page 20 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20103 11. Integrate cybersecurity into space oper- ations and capabilities to retain positive control of space systems and verify the integrity of crit- ical functions, missions, and services they pro- vide; 12. Improve, develop, integrate, demonstrate, and proliferate in cooperation with relevant interagency, international, intergovernmental, and commercial entities, space domain awareness capabilities to predict, detect, warn, characterize, and attribute human-caused and naturally occur- ring activities that pose threats to space systems of United States interest; 13. Provide to the Department of Commerce and other agencies, as necessary, SSA information that supports national security, civil, and human space flight activities, planetary defense from hazardous near-Earth objects, and commercial and allied space operations; 14. Collaborate with allies and partners actively engaging in space security and intelligence oper- ations to incentivize and institute mechanisms for the exchange of relevant space, and space-re- lated information; and 15. Collaborate with the Secretaries of Com- merce and Energy, the Administrator of NASA, and the heads of other relevant agencies to peri- odically review the health and competitiveness of the United States space industrial base to deter- mine whether the domestic space industry can meet the technical requirements, production, and service of national security space programs. (e) Department of Defense. i. The Secretary of Defense shall: 1. Defend the use of space for United States na- tional security purposes, the United States econ- omy, allies, and partners; 2. Protect freedom of navigation and preserve lines of communication that are open, safe, and secure in the space domain; 3. Ensure that space capabilities are of suffi- cient capability and capacity to enable decisive offensive and defensive space operations vital to defending United States, allied, and partner inter- ests in space while continuing to sustain support to joint operations; 4. Conduct operations in, from, and through space to deter conflict, and if deterrence fails, to defeat aggression while protecting and defending United States vital interests with allies and part- ners; 5. Provide, as launch agent for the Department of Defense and the Intelligence Community, af- fordable and timely space access for national se- curity purposes while using commercial space ca- pabilities and services to the maximum practical extent; 6. Develop, as launch agent for the Department of Defense and the Intelligence Community, rapid launch options to reinforce or to reconstitute pri- ority national security space capabilities in times of crisis and conflict and that, when practicable and appropriate, leverage commercial capabili- ties; 7. Detect, characterize, warn, attribute, and re- spond to, in coordination with the Secretary of State and other relevant agencies, space-related behaviors and activities that threaten the space interests of the United States, its allies, or part- ners, international peace and security, or the long-term sustainability of the space environ- ment; 8. Periodically conduct policy-driven, threat-in- formed, strategically-focused space posture re- views and assessments that encompass military, diplomatic, informational, and economic aspects of posture, including evaluation of the suitability of U.S. Government, commercial industry, and international space architectures to deliver effec- tive and integrated deterrence and compellence solutions; and 9. Develop, acquire, and operate space intel- ligence capabilities to support joint operations. (f) Intelligence Community. i. The Director of National Intelligence shall: 1. Enhance foundational scientific and technical intelligence collection and single and all-source intelligence analysis; 2. Coordinate with the Secretary of Defense to ensure necessary and sufficient intelligence sup- port for acquisition, operations, and defense of space capabilities; 3. Develop, obtain, and operate space intel- ligence capabilities to support strategic goals, in- telligence priorities, and assigned tasks; 4. Provide robust, timely, and effective collec- tion, processing, analysis, and dissemination of information on foreign space capabilities and threats and supporting information system ac- tivities; 5. Integrate all-source intelligence of foreign space capabilities and intentions to produce en- hanced intelligence products that support space domain awareness; 6. Support monitoring, compliance, and verification for transparency and confidence- building measures and, if applicable, arms control agreements; 7. Ensure Intelligence Community equities are represented and reviewed in United States Gov- ernment radio frequency deliberations; and 8. Promote counterintelligence and security partnerships and practices within the commer- cial, civil, and national security space commu- nities. SEC. 6. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Commerce is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 20103. Definitions In this chapter: (1) AERONAUTICAL AND SPACE ACTIVITIES.— The term ‘‘aeronautical and space activities’’ means— (A) research into, and the solution of, problems of flight within and outside the Earth’s atmosphere; (B) the development, construction, testing, and operation for research purposes of aero- nautical and space vehicles; (C) the operation of a space transportation system including the space shuttle, upper stages, space platforms, and related equip- ment; and (D) such other activities as may be re- quired for the exploration of space. (2) AERONAUTICAL AND SPACE VEHICLES.—The term ‘‘aeronautical and space vehicles’’ means aircraft, missiles, satellites, and other space Page 21 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20111 vehicles, manned and unmanned, together with related equipment, devices, components, and parts. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3332.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20103 .......... 42 U.S.C. 2452. Pub. L. 85–568, title I, § 103, July 29, 1958, 72 Stat. 427; Pub. L. 98–52, title I, § 108, July 15, 1983, 97 Stat. 285. In paragraph (1)(A), the word ‘‘Earth’s’’ is capitalized for consistency in title 51. SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES § 20111. National Aeronautics and Space Admin- istration (a) ESTABLISHMENT AND APPOINTMENT OF AD- MINISTRATOR.—There is established the National Aeronautics and Space Administration. The Ad- ministration shall be headed by an Adminis- trator, who shall be appointed from civilian life by the President by and with the advice and con- sent of the Senate. Under the supervision and di- rection of the President, the Administrator shall be responsible for the exercise of all powers and the discharge of all duties of the Adminis- tration and shall have authority and control over all personnel and activities thereof. (b) DEPUTY ADMINISTRATOR.—There shall be in the Administration a Deputy Administrator, who shall be appointed from civilian life by the President by and with the advice and consent of the Senate. The Deputy Administrator shall per- form such duties and exercise such powers as the Administrator may prescribe. The Deputy Ad- ministrator shall act for, and exercise the pow- ers of, the Administrator during the Adminis- trator’s absence or disability. (c) RESTRICTION ON OTHER BUSINESS OR EM- PLOYMENT.—The Administrator and the Deputy Administrator shall not engage in any other business, vocation, or employment while serving as such. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3332.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20111 .......... 42 U.S.C. 2472. Pub. L. 85–568, title II, § 202, July 29, 1958, 72 Stat. 429; Pub. L. 88–426, title III, § 305(12), Aug. 14, 1964, 78 Stat. 423. Statutory Notes and Related Subsidiaries AGENCY INFORMATION TECHNOLOGY AND CYBERSECURITY Pub. L. 115–10, title VIII, §§ 811–813, Mar. 21, 2017, 131 Stat. 58–60, provided that: ‘‘SEC. 811. INFORMATION TECHNOLOGY GOVERN- ANCE. ‘‘(a) IN GENERAL.—The Administrator [of the Na- tional Aeronautics and Space Administration] shall, in a manner that reflects the unique nature of NASA [Na- tional Aeronautics and Space Administration]’s mis- sion and expertise— ‘‘(1) ensure the NASA Chief Information Officer, Mission Directorates, and Centers have appropriate roles in the management, governance, and oversight processes related to information technology oper- ations and investments and information security pro- grams for the protection of NASA systems; ‘‘(2) ensure the NASA Chief Information Officer has the appropriate resources and insight to oversee NASA information technology and information secu- rity operations and investments; ‘‘(3) provide an information technology program management framework to increase the efficiency and effectiveness of information technology invest- ments, including relying on metrics for identifying and reducing potential duplication, waste, and cost; ‘‘(4) improve the operational linkage between the NASA Chief Information Officer and each NASA mis- sion directorate, center, and mission support office to ensure both agency and mission needs are considered in agency-wide information technology and informa- tion security management and oversight; ‘‘(5) review the portfolio of information technology investments and spending, including information technology-related investments included as part of activities within NASA mission directorates that may not be considered information technology, to en- sure investments are recognized and reported appro- priately based on guidance from the Office of Man- agement and Budget; ‘‘(6) consider appropriate revisions to the charters of information technology boards and councils that inform information technology investment and oper- ation decisions; and ‘‘(7) consider whether the NASA Chief Information Officer should have a seat on any boards or councils described in paragraph (6). ‘‘(b) GAO STUDY.— ‘‘(1) STUDY.—The Comptroller General of the United States shall conduct a study of the effectiveness of the Administration’s Information Technology Gov- ernance in ensuring information technology re- sources are aligned with agency missions and are cost effective and secure. ‘‘(2) CONTENTS.—The study shall include an assess- ment of— ‘‘(A) the resources available for overseeing Ad- ministration-wide information technology oper- ations, investments, and security measures and the NASA Chief Information Officer’s visibility and in- volvement into information technology oversight and access to those resources; ‘‘(B) the effectiveness and challenges of the Ad- ministration’s information technology structure, decision making processes and authorities, includ- ing impacts on its ability to implement informa- tion security; and ‘‘(C) the impact of NASA Chief Information Offi- cer approval authority over information technology investments that exceed a defined monetary thresh- old, including any potential impacts of such au- thority on the Administration’s missions, flights programs and projects, research activities, and Cen- ter operations. ‘‘(3) REPORT.—Not later than 1 year after the date of enactment of this Act [Mar. 21, 2017], the Comp- troller General shall submit to the appropriate com- mittees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transpor- tation of the Senate] a report detailing the results of the study under paragraph (1), including any rec- ommendations. ‘‘SEC. 812. INFORMATION TECHNOLOGY STRATEGIC PLAN. ‘‘(a) IN GENERAL.—Subject to subsection (b), the Ad- ministrator [of the National Aeronautics and Space Ad- ministration] shall develop an information technology strategic plan to guide NASA [National Aeronautics and Space Administration] information technology management and strategic objectives. ‘‘(b) REQUIREMENTS.—In developing the strategic plan, the Administrator shall ensure that the strategic plan addresses—