51 U.S.C. § 30702 — Foreign contract limitation

Page 76 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30702 1 See References in Text note below. ment of further affirmative legislation by the Con- gress of the United States. ‘‘(2) BRIEFINGS.— ‘‘(A) REQUIREMENT.—The Secretary of Defense, the Secretary of State, and the Director of National Intelligence shall jointly provide to the covered congressional committees regular, detailed updates on the negotiation of a non-legally binding inter- national agreement concerning an International Code of Conduct for Outer Space Activities or any similar agreement. ‘‘(B) TERMINATION OF REQUIREMENT.—The require- ment to provide regular briefings under subpara- graph (A) shall terminate on the date on which the United States becomes a signatory to an agreement referred to in subparagraph (A), or on the date on which the President certifies to Congress that the United States is no longer negotiating an agree- ment referred to in subparagraph (A), whichever is earlier. ‘‘(3) NOTIFICATIONS.—If the United States becomes a signatory to a non-legally binding international agreement concerning an International Code of Con- duct for Outer Space Activities or any similar agree- ment, not less than 60 days prior to any action that will obligate the United States to reduce or limit the Armed Forces or armaments or activities of the United States in outer space, the head of each De- partment or agency of the Federal Government that is affected by such action shall submit to Congress notice of such action and the effect of such action on such Department or agency. ‘‘(4) DEFINITION.—In this subsection, the term ‘cov- ered congressional committees’ means— ‘‘(A) the Committee on Armed Services, the Com- mittee on Foreign Affairs, and the Permanent Se- lect Committee on Intelligence of the House of Rep- resentatives; and ‘‘(B) the Committee on Armed Services, the Com- mittee on Foreign Relations, and the Select Com- mittee on Intelligence of the Senate.’’ § 30702. Foreign contract limitation The Administration shall not enter into any agreement or contract with a foreign govern- ment that grants the foreign government the right to recover profit in the event that the agreement or contract is terminated. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30702 .......... 42 U.S.C. 2475b. Pub. L. 106–391, title III, § 305, Oct. 30, 2000, 114 Stat. 1592. § 30703. Foreign launch vehicles (a) ACCORD WITH SPACE TRANSPORTATION POL- ICY.—The Administration shall not launch a payload on a foreign launch vehicle except in ac- cordance with the Space Transportation Policy announced by the President on December 21, 2004. This subsection shall not be construed to prevent the President from waiving the Space Transportation Policy. (b) INTERAGENCY COORDINATION.—The Adminis- tration shall not launch a payload on a foreign launch vehicle unless the Administration com- menced the interagency coordination required by the Space Transportation Policy announced by the President on December 21, 2004, at least 90 days before entering into a development con- tract for the payload. (c) APPLICATION.—This section shall not apply to any payload for which development has begun prior to December 30, 2005, including the James Webb Space Telescope. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30703 .......... 42 U.S.C. 16614. Pub. L. 109–155, title I, § 105, Dec. 30, 2005, 119 Stat. 2912. In subsection (c), the date ‘‘December 30, 2005’’ is sub- stituted for ‘‘the date of enactment of this Act’’ to re- flect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895). § 30704. Offshore performance of contracts for the procurement of goods and services The Administrator shall submit to Congress, not later than 120 days after the end of each fis- cal year, a report on the contracts and sub- contracts performed overseas and the amount of purchases directly or indirectly by the Adminis- tration from foreign entities in that fiscal year. The report shall separately indicate— (1) the contracts and subcontracts and their dollar values for which the Administrator de- termines that essential goods or services under the contract are available only from a source outside the United States; and (2) the items and their dollar values for which the Buy American Act (41 U.S.C. 10a et seq.) 1 was waived pursuant to obligations of the United States under international agree- ments. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30704 .......... 42 U.S.C. 16823. Pub. L. 109–155, title VII, § 709, Dec. 30, 2005, 119 Stat. 2938. In the matter before paragraph (1), the words ‘‘begin- ning with the first fiscal year after the date of enact- ment of this Act [December 30, 2005]’’ are omitted as obsolete. Editorial Notes REFERENCES IN TEXT The Buy American Act, referred to in par. (2), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was classified generally to sections 10a, 10b, and 10c of former Title 41, Public Contracts, and was substan- tially repealed and restated in chapter 83 (§ 8301 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete clas- sification of this Act to the Code, see Short Title of 1933 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. CHAPTER 309—AWARDS Sec. 30901. Congressional Space Medal of Honor. 30902. Charles ‘‘Pete’’ Conrad Astronomy Awards. § 30901. Congressional Space Medal of Honor (a) AUTHORITY TO AWARD.—The President may award, and present in the name of Congress, a