Code of Federal Regulations as January 1, 1990 Part 1211 - Extraterrestrial Exposure ec. 1211.100 Scope. 1211.101 Applicability. 1211.102 Definitions. 1211.103 Authority. 1211.104 Policy. 1211.105 Relationship with Departments of Health, Education, and Welfare and 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; 18 U.S.C. 799; Art. IX, TIAS 6347 (18 UST 2416). ource: 34 FR 11975, July 16, 1969, unless otherwise noted. __________________________________________________________ 1211.100 Scope This part establishes: (a) NASA policy, responsibility and authority to guard the Earth against any harmful contamination or adverse changes in its environment resulting from personnel, spacecraft and other property returning to the after landing on or coming within the atmospheric envelope of a celestial body; and (b) Security requirements, restrictions and safeguards that are necessary in the interest of the national security. 1211.101 Applicability The provisions of this part apply to all NASA manned and unmanned space missions which land on or come within the atmospheric envelope of a celestial body and return to the Earth. 1211.102 Definitions (a) "NASA" and the "Administrator" mean, respectively the National Aeronautics and Space Administration and the Administrator of the National Aeronautics and Space Administration or his authorized representative (see 1204.509 of this chapter). (b) "Extraterrestrially exposed" means the state or condition of any person, property, animal or other form of life or matter whatever, who or which has: (1) Touched directly or come within the atmospheric envelope of any other celestial body; or (2) Touched directly or been in close proximity to (or been exposed indirectly to ) any person, property, animal or other form of life or matter who or which has been extraterrestrially exposed by virtue of paragraph (b)(1) of this section. For example, if person or thing "A" touches the surface of 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). (c) "Quarantine" means the detention, examination, and decontamination of any person, property, animal or other form of life or matter whatever that is extraterrestrially exposed, and includes the apprehension or seizure of such person, property, animal, or other form of life or matter whatever. (d) "Quarantine period" means a period of consecutive calendar days as may be established in accordance with 1211.104(a). (e) "United States" means the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa and any other territory or possession of the United States, and in a territorial sense all places and waters subject to the jurisdiction of the United States. 1211.103 Authority. (a) Sections 203 and 304 of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2473, 2455 and 2456). (b) 18 U.S.C. 799. (c) Article IX, Outer Space Treaty, TIAS 6347 (18 UST 2416). (d) NASA Management Instructions 1052.90 and 8020.13. 1211.104 Policy. (a) Administrative actions. The Administrator or his designee as authorized by 1204.509 of this chapter shall in his discretion: (1) Determine the beginning and duration of a quarantine period with respect to any space mission; the quarantine period as it applies to various life forms will be announced. (2) Designate in writing quarantine officers to exercise quarantine authority. (3) Determine that a particular person, property, animal, or other form of life or matter whatever is extraterrestrially exposed and quarantine such person, property, animal, or other form of life or matter whatever. The quarantine may be based only on a determination, with or without the benefit of a hearing, that there is probable cause to believe that such person, property, animal or other form of life or matter whatever is extraterrestrially exposed. (4) Determine within the United States or within vessels or vehicles of the United States the place, boundaries, and rules of operation of necessary quarantine stations. (5) Provide for guard services by contract or otherwise, as may be necessary, to maintain security and inviolability of quarantine stations and quarantined persons, property, animals, or other form of life or matter whatever. (6) Provide for the subsistence, health, and welfare of persons quarantined under the provisions of this part. (7) Hold such hearings at such times, in such manner and for such purposes as may be desirable or necessary under this part, including hearings for the purpose of creating a record for use in making any determination under this part or for the purpose of reviewing any such determination. (8) Cooperate with the Department of Health, Education, and Welfare and the Department of Agriculture in accordance with the provisions of 1211.105. (9) Take such other actions as may be prudent or necessary and which are consistent with this part. (b) Quarantine. (1) During any period of announced quarantine, the property within the posted perimeter of the Lunar Receiving Laboratory at the Manned Spacecraft Center, Houston, Tex., is designated as the NASA Lunar Receiving Laboratory Quarantine Station. (2) Other quarantine stations may be established if determined necessary as provided in paragraph (a)(4) of this section. (3) During any period of announced quarantine, no person shall enter or depart from the limits of any quarantine station without the permission of the cognizant NASA quarantine officer. During such period, the posted perimeter of a quarantine station shall be secured by armed guard. (4) Any person who enters the limits of any quarantine station during the quarantine period shall be deemed to have consented to the quarantine of his person if it is determined that his is or has become extraterrestrially exposed. (5) At the earliest practicable time, each person who is quarantined by NASA shall be given a reasonable opportunity to communicate by telephone with legal counsel or other persons of his choice. 1211.105 Relationship with Departments of Health, Education, and Welfare and Agriculture. (a) If either the Department of Health, Education, and Welfare or the Department of Agriculture exercises its authority to quarantined an extraterrestrially exposed person, property, animal, or other form of life or matter whatever, NASA will, except as provided in paragraph (c) of this section, not exercise the authority to quarantine that same person, property, animal, or other form of life or matter whatever. In such cases, NASA will offer to these departments the use of the Lunar Receiving Laboratory Quarantine Station and such other service, equipment, personnel, and facilities as may be necessary to ensure an effective quarantine. (b) If neither the Department of Health, Education, and Welfare or the Department of Agriculture exercises its quarantine authority, NASA shall exercise the authority to quarantine an extraterrestrially exposed person, property, animal, or other form of life or matter whatever. In such cases, NASA will inform these departments of such quarantine action and, in addition, may request the use of such service, equipment, personnel and facilities of other Federal departments and agencies as may be necessary to ensure an effective quarantine. (c) NASA shall quarantine NASA astronauts and other NASA personnel as determined necessary 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 be exercised in cooperation with the applicable authority of any State, territory, possession or any political subdivision thereof. 1211.107 Court or other process. (a) NASA officers and employees are prohibited from discharging from the limits of a quarantine station any quarantined person, property, animal or other form of life or matter whatever during order or other request, order or demand an announced quarantine period in compliance with a subpoena, show cause of any court or other authority without the prior approval of the General Counsel and the Administrator. (b) Where approval to discharge a quarantined person, property, animal or other form of life or matter whatever in compliance with such a request, order or demand of any court or other authority is not given, the person to whom it is directed shall, if possible, appear in court or before the other authority and respectfully state his inability to comply, relying for his action upon this 1211.107. 1211.108 Violations. Whoever, willfully violates, attempts to violate, or conspires to violate any provision of this part or any regulation or order issued under this part or who enters or departs from the limits of any quarantine station in disregard of the quarantine rules or regulations or without permission of the NASA quarantine officer shall be fined not more than $5,000 or imprisoned not more than 1 year, or both (18 U.S.C. 799).
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