ET Exposure Law

1211.100 Title 14 - Aeronautics and Space
Part 1211 - Extra-terrestrial Exposure

1211.100 Scope
1211.101 Applicability
1211.102 Definitions
1211.103 Authority
1211.104 Policy
1211.105 Relationship with Departments of Health, Education, and Welfareand Agriculture
1211.106 Cooperation with States, territories, and possessions
1211.107 Court or other process
1211.108 Violations

Authority: Secs. 203, 304, 72 Stat. 429, 433; 42 U.S.C. 2455, 2456, 2473; 18U.S.C. 799; Art. IX, TIAS 6347 (18 UST 2416). Source: 34 FR 11975, July 16,1969, unless otherwise noted.

1211.100 Scope

This part establishes:

1. NASA policy, responsibility and authority to guard the Earth against anyharmful contamination or adverse changes in its environment resulting frompersonnel, spacecraft and other property returning to the after landingon or coming within the atmospheric envelope of a celestial body; and
2. Security requirements, restrictions and safeguards that are necessary inthe interest of the national security.

1211.101 Applicability

The provisions of this part apply to all NASA manned and unmanned spacemissions which land on or come within the atmospheric envelope of a celestialbody and return to the Earth.

1211.102 Definitions

1. "NASA" and the "Administrator" mean, respectively the National Aeronauticsand Space Administration and the Administrator of the National Aeronauticsand Space Administration or his authorized representative (see 1204.509of this chapter).
2. "Extra terrestrially exposed" means the state or condition of any person,property, animal or other form of life or matter whatever, who or whichhas:

1. Touched directly or come within the atmospheric envelope of any other celestialbody; or
2. Touched directly or been in close proximity to (or been exposed indirectlyto ) any person, property, animal or other form of life or matter who orwhich has been extra terrestrially exposed by virtue of paragraph (b)(1)of this section. For example, if person or thing "A" touches the surfaceof the Moon, and on "A" return to the Earth, "B" touches "A" and, subsequently,"C" touches "B," all of these- "A" and "B" directly, "C" indirectly).

1. "Quarantine" means the detention, examination, and decontamination of anyperson, property, animal or other form of life or matter whatever thatis extra terrestrially exposed, and includes the apprehension or seizureof such person, property, animal, or other form of life or matter whatever.
2. "Quarantine period" means a period of consecutive calendar days as maybe established in accordance with 1211.104(a).
3. "United States" means the 50 states, the District of Columbia, the Commonwealthof Puerto Rico, the Virgin Islands, Guam, American Samoa and any otherterritory or possession of the United States, and in a territorial senseall places and waters subject to the jurisdiction of the United States.

1211.103 Authority.

1. Sections 203 and 304 of the National Aeronautics and Space Act of 1958,as amended (42 U.S.C. 2473, 2455 and 2456).
2. 18 U.S.C. 799.
3. Article IX, Outer Space Treaty, TIAS 6347 (18 UST 2416).
4. NASA Management Instructions 1052.90 and 8020.13.

1211.104 Policy.

(a) Administrative actions. The Administrator or his designee as authorizedby 1204.509 of this chapter shall in his discretion:

1. Determine the beginning and duration of a quarantine period with respectto any space mission; the quarantine period as it applies to various lifeforms will be announced.
2. Designate in writing quarantine officers to exercise quarantine authority.
3. Determine that a particular person, property, animal, or other form oflife or matter whatever is extra terrestrially exposed and quarantine suchperson, property, animal, or other form of life or matter whatever. Thequarantine may be based only on a determination, with or without the benefitof a hearing, that there is probable cause to believe that such person,property, animal or other form of life or matter whatever is extra terrestriallyexposed.
4. Determine within the United States or within vessels or vehicles of theUnited States the place, boundaries, and rules of operation of necessaryquarantine stations.
5. Provide for guard services by contract or otherwise, as may be necessary,to maintain security and inviolability of quarantine stations and quarantinedpersons, property, animals, or other form of life or matter whatever.
6. Provide for the subsistence, health, and welfare of persons quarantinedunder the provisions of this part.
7. Hold such hearings at such times, in such manner and for such purposesas may be desirable or necessary under this part, including hearings forthe purpose of creating a record for use in making any determination underthis part or for the purpose of reviewing any such determination.
8. Cooperate with the Department of Health, Education, and Welfare and theDepartment of Agriculture in accordance with the provisions of 1211.105.
9. Take such other actions as may be prudent or necessary and which are consistentwith this part.

1. Quarantine.

1. During any period of announced quarantine, the property within the postedperimeter of the Lunar Receiving Laboratory at the Manned Spacecraft Center,Houston, Tex., is designated as the NASA Lunar Receiving Laboratory QuarantineStation.
2. Other quarantine stations may be established if determined necessary asprovided in paragraph (a)(4) of this section.
3. During any period of announced quarantine, no person shall enter or departfrom the limits of any quarantine station without the permission of thecognizant NASA quarantine officer. During such period, the posted perimeterof a quarantine station shall be secured by armed guard.
4. Any person who enters the limits of any quarantine station during the quarantineperiod shall be deemed to have consented to the quarantine of his personif it is determined that his is or has become extra terrestrially exposed.
5. At the earliest practicable time, each person who is quarantined by NASAshall be given a reasonable opportunity to communicate by telephone withlegal counsel or other persons of his choice.

1211.105 Relationship with Departments of Health, Education, and Welfareand Agriculture.

1. If either the Department of Health, Education, and Welfare or the Departmentof Agriculture exercises its authority to quarantined an extra terrestriallyexposed person, property, animal, or other form of life or matter whatever,NASA will, except as provided in paragraph (c) of this section, not exercisethe authority to quarantine that same person, property, animal, or otherform of life or matter whatever. In such cases, NASA will offer to thesedepartments the use of the Lunar Receiving Laboratory Quarantine Stationand such other service, equipment, personnel, and facilities as may benecessary to ensure an effective quarantine.
2. If neither the Department of Health, Education, and Welfare or the Departmentof Agriculture exercises its quarantine authority, NASA shall exercisethe authority to quarantine an extra terrestrially exposed person, property,animal, or other form of life or matter whatever. In such cases, NASA willinform these departments of such quarantine action and, in addition, mayrequest the use of such service, equipment, personnel and facilities ofother Federal departments and agencies as may be necessary to ensure aneffective quarantine.
3. NASA shall quarantine NASA astronauts and other NASA personnel as determinednecessary and all NASA property involved in any space mission.

1211.106 Cooperation with States, territories, and possessions.

Actions taken in accordance with the provisions of this part shall beexercised in cooperation with the applicable authority of any State, territory,possession or any political subdivision thereof.

1211.107 Court or other process.

1. NASA officers and employees are prohibited from discharging from the limitsof a quarantine station any quarantined person, property, animal or otherform of life or matter whatever during order or other request, order ordemand an announced quarantine period in compliance with a subpoena, showcause of any court or other authority without the prior approval of theGeneral Counsel and the Administrator.
2. Where approval to discharge a quarantined person, property, animal or otherform of life or matter whatever in compliance with such a request, orderor demand of any court or other authority is not given, the person to whomit is directed shall, if possible, appear in court or before the otherauthority and respectfully state his inability to comply, relying for hisaction upon this 1211.107.

1211.108 Violations.

Whoever, willfully violates, attempts to violate, or conspires to violateany provision of this part or any regulation or order issued under thispart or who enters or departs from the limits of any quarantine stationin disregard of the quarantine rules or regulations or without permissionof the NASA quarantine officer shall be fined not more than $5,000 or imprisonednot more than 1 year, or both (18 U.S.C. 799).