Effective Date: January 29, 2018
Expiration Date: January 29, 2023
It is NASA's policy to submit and process legislative proposals for incorporation into the NASA's authorization legislation, including amendments to the National Aeronautics and Space Act, and other legislative provisions of interest to NASA.
a. This NPD applies to NASA Headquarters and Centers, including Component Facilities and Technical and Service Support Centers.
b. This language applies to the Jet Propulsion Laboratory (a Federally Funded Research and Development Center), other contractors, grant recipients, or parties to agreements only to the extent specified or referenced in the appropriate contracts, grants, or agreements.
c. Nothing in this NPD should be construed as limiting the Inspector General's responsibility or duty under section 4(a)(2) of the Inspector General Act of 1978, as amended, 5 U.S.C. App., to review existing or proposed legislation relating to NASA programs or operations.
d. In this directive, all mandatory actions (i.e., requirements) are denoted by statements containing the term "shall." The terms: "may" or "can" denote discretionary privilege or permission, "should" denotes a good practice and is recommended, but not required, "will" denotes expected outcome, and "are/is" denotes descriptive material.
e. In this NPR, all document citations are assumed to be the latest version unless otherwise noted.
a. National Aeronautics and Space Act, as amended, 51 USC § 20113(a).
b. NPR 1000.3, The NASA Organization.
a. Inspector General Act of 1978, as amended, 5 U.S.C. App.
b. "Federalism," Executive Order (EO) 13132, dated August 4, 1999, 3 CFR (2001 Compilation).
c. Consultation and Coordination with Indian Tribal Governments, EO 13175, dated November 6, 2000, 3 CFR (2001 Compilation).
d. Office of Management and Budget (OMB) Circular A-19, Legislative Coordination and Clearance (September 20, 1979).
a. The Office of Legislative and Intergovernmental Affairs (OLIA) is responsible for:
(1) soliciting and coordinating legislative proposals from Headquarters Offices, Centers, and Component Facilities for incorporation into the NASA authorization bill or other suitable legislative vehicle.
(2) preparing the draft legislative proposals for transmission to OMB.
(3) obtaining approval within NASA through appropriate Agency Governance Councils.
(4) preparing the final draft legislative proposals for transmission to Congress.
(5) transmitting the final legislative proposals to Congress.
b. In fulfilling this responsibility, OLIA will perform the following:
(1) Issue, at the beginning of each new Congressional session, or when potential authorization legislative is likely, a call memorandum to Officials-in-Charge of Headquarters Offices and NASA Center Directors for legislative proposals for incorporation into the NASA authorization bill or other suitable legislative vehicle. The call memorandum should allow Officials-in-Charge and Center Directors at least thirty (30) calendar days to submit legislative proposals to OLIA.
(2) At OLIA's discretion, call memorandum for legislative proposals may be issued at other times.
(3) Urgent legislative proposals not in response to the normal call memorandum may be submitted at any time directly to the Associate Administrator for OLIA. OLIA shall follow all consultation procedures for such urgent legislative proposals as are set forth for the proposals submitted during the normal call memorandum process.
(4) Transmit the draft legislative proposals to the NASA Federalism Officer (NFO), to certify that all relevant requirements of EO 13132 have been met, and to the NASA Tribal Government Officer (NTGO), to certify that all relevant requirements of EO 13175 have been met.
(5) After the Office of the General Counsel has reviewed the submissions as outlined in 5(c), present the legislative proposals, along with discussion and recommendations, to the appropriate Agency Governance Councils and the Administrator or designee for discussion, review, and decision as to which proposals the Agency will forward for formal OMB approval. Review by the Agency Governance Council structure ensures all Mission Directorates and Officials-in-Charge have an opportunity to comment on all legislative proposals presented.
(6) Make any changes or edits the Agency Governance Council(s) has/have asked be made to the draft legislative proposals and transmit the draft legislative proposals to OMB for coordination and advice, as required by OMB Circular No. A-19.
(7) Transmit the final OMB approved legislative proposals to the Office of the Administrator for final approval by the Administrator, or designee, and forward to Congress.
c. The Agency Office of the General Counsel (OGC) is responsible for:
(1) The legal review and concurrence on all legislative proposals. Review shall include absence of redundancy or overlap with existing authority, adequacy of proposed statutory language to achieve intended results, lack of means other than legislation for resolving the problem, compliance with applicable law and regulations, harmony with other legal authorities that the proposed legislation could affect, and absence of unintended policy or other consequences.
(2) Preparation and review of statutory language and sectional analysis.
(3) Preparation of the statement of compliance with EO 13132 and EO 13175.
d. The Agency Chief Financial Officer (CFO) is responsible for review and concurrence on the draft legislative proposals.
e. Officials-in-Charge of Headquarters Offices and Center Directors are responsible for submitting legislative proposals from their Offices and Centers to the OLIA. Each such proposal will be coordinated with the OGC and the appropriate Center Chief Counsel, include a brief explanation of the purpose of, and the need for, the proposed legislation; the proposed statutory language; a sectional analysis of the proposed statutory language; and a statement by the OGC that the proposal complies with all relevant requirements of EO 13132 and EO 13175.
OLIA will ensure that feedback is provided through official channels to keep the Administrator, or designee, fully and currently informed of significant actions, problems, or other matters of substance related to the annual NASA authorization bill.
NPD 7010.1K, Processing Legislative Proposals for Incorporation into the NASA Authorization Bill, dated 12/18/2012.
Executive Order (EO) 12988, dated February 5, 1996, Civil Justice Reform, 3 CFR (1997 Compilation).