§ 2451. — Congressional declaration of policy and purpose.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 42USC2451]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 26--NATIONAL SPACE PROGRAM
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 2451. Congressional declaration of policy and purpose
(a) Devotion of space activities to peaceful purposes for benefit of all
mankind
The Congress declares that it is the policy of the United States
that activities in space should be devoted to peaceful purposes for the
benefit of all mankind.
(b) Aeronautical and space activities for welfare and security of United
States; control by civilian agency; exceptions
The Congress declares that the general welfare and security of the
United States require that adequate provision be made for aeronautical
and space activities. The Congress further declares that such activities
shall be the responsibility of, and shall be directed by, a civilian
agency exercising control over aeronautical and space activities
sponsored by the United States, except that activities peculiar to or
primarily associated with the development of weapons systems, military
operations, or the defense of the United States (including the research
and development necessary to make effective provision for the defense of
the United States) shall be the responsibility of, and shall be directed
by, the Department of Defense; and that determination as to which such
agency has responsibility for and direction of any such activity shall
be made by the President in conformity with section 2471(e) of this
title.
(c) Commercial use of space
The Congress declares that the general welfare of the United States
requires that the National Aeronautics and Space Administration (as
established by subchapter II of this chapter) seek and encourage, to the
maximum extent possible, the fullest commercial use of space.
(d) Objectives of aeronautical and space activities
The aeronautical and space activities of the United States shall be
conducted so as to contribute materially to one or more of the following
objectives:
(1) The expansion of human knowledge of the Earth and of
phenomena in the atmosphere and space;
(2) The improvement of the usefulness, performance, speed,
safety, and efficiency of aeronautical and space vehicles;
(3) The development and operation of vehicles capable of
carrying instruments, equipment, supplies, and living organisms
through space;
(4) The establishment of long-range studies of the potential
benefits to be gained from, the opportunities for, and the problems
involved in the utilization of aeronautical and space activities for
peaceful and scientific purposes;
(5) The preservation of the role of the United States as a
leader in aeronautical and space science and technology and in the
application thereof to the conduct of peaceful activities within and
outside the atmosphere;
(6) The making available to agencies directly concerned with
national defense of discoveries that have military value or
significance, and the furnishing by such agencies, to the civilian
agency established to direct and control nonmilitary aeronautical
and space activities, of information as to discoveries which have
value or significance to that agency;
(7) Cooperation by the United States with other nations and
groups of nations in work done pursuant to this chapter and in the
peaceful application of the results thereof;
(8) The most effective utilization of the scientific and
engineering resources of the United States, with close cooperation
among all interested agencies of the United States in order to avoid
unnecessary duplication of effort, facilities, and equipment; and
(9) The preservation of the United States preeminent position in
aeronautics and space through research and technology development
related to associated manufacturing processes.
(e) Ground propulsion systems research and development
The Congress declares that the general welfare of the United States
requires that the unique competence in scientific and engineering
systems of the National Aeronautics and Space Administration also be
directed toward ground propulsion systems research and development. Such
development shall be conducted so as to contribute to the objectives of
developing energy and petroleum-conserving ground propulsion systems,
and of minimizing the environmental degradation caused by such systems.
(f) Bioengineering research, development, and demonstration programs
The Congress declares that the general welfare of the United States
requires that the unique competence of the National Aeronautics and
Space Administration in science and engineering systems be directed to
assisting in bioengineering research, development, and demonstration
programs designed to alleviate and minimize the effects of disability.
(g) Purpose of chapter
It is the purpose of this chapter to carry out and effectuate the
policies declared in subsections (a), (b), (c), (d), (e), and (f) of
this section.
(Pub. L. 85-568, title I, Sec. 102, July 29, 1958, 72 Stat. 426; Pub. L.
94-413, Sec. 15(a), (b), Sept. 17, 1976, 90 Stat. 1270; Pub. L. 95-238,
title III, Sec. 311, Feb. 25, 1978, 92 Stat. 83; Pub. L. 95-401, Sec. 7,
Sept. 30, 1978, 92 Stat. 860; Pub. L. 98-361, title I, Sec. 110, July
16, 1984, 98 Stat. 426; Pub. L. 100-685, title II, Sec. 214, Nov. 17,
1988, 102 Stat. 4093; Pub. L. 106-391, title III, Sec. 302(a), Oct. 30,
2000, 114 Stat. 1591.)
References in Text
Section 2471 of this title, referred to in subsec. (b), was omitted
from the Code.
This chapter, referred to in subsec. (g), was in the original ``this
Act'', meaning Pub. L. 85-568, July 29, 1958, 72 Stat. 426, as amended.
For complete classification of this Act to the Code, see Short Title
note below and Tables.
Amendments
2000--Subsecs. (f) to (h). Pub. L. 106-391 redesignated subsecs. (g)
and (h) as (f) and (g), respectively, substituted ``and (f)'' for ``(f),
and (g)'' in subsec. (g), and struck out former subsec. (f) which read
as follows: ``The Congress declares that the general welfare of the
United States requires that the unique competence in scientific and
engineering systems of the National Aeronautics and Space Administration
also be directed toward the development of advanced automobile
propulsion systems. Such development shall be conducted so as to
contribute to the achievement of the purposes set forth in section
2701(b) of title 15.''
1988--Subsec. (d)(9). Pub. L. 100-685, which directed the amendment
of subsec. (c) by adding par. (9), was executed to subsec. (d) to
reflect the probable intent of Congress and the redesignation of former
subsec. (c) as (d) by Pub. L. 98-361.
1984--Subsec. (c). Pub. L. 98-361, Sec. 110(a)(2), (3), added
subsec. (c) and redesignated former subsec. (c) as (d).
Subsec. (d). Pub. L. 98-361, Sec. 110(a)(2), redesignated former
subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 98-361, Sec. 110(b), inserted ``of the
Earth''.
Subsecs. (e) to (g). Pub. L. 98-361, Sec. 110(a)(2), redesignated
former subsecs. (d) to (f) as (e) to (g), respectively. Former subsec.
(g) redesignated (h).
Subsec. (h). Pub. L. 98-361, Sec. 110(a)(2), redesignated former
subsec. (g) as (h).
Pub. L. 98-361, Sec. 110(a)(1), inserted reference to subsec. (g) of
this section.
1978--Subsec. (e). Pub. L. 95-238, Sec. 311(a), added subsec. (e).
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 95-401, Sec. 7(a), added subsec. (f). Former
subsec. (f) redesignated (g).
Pub. L. 95-238, Sec. 311(a), (b), redesignated former subsec. (e) as
(f) and inserted reference to subsec. (e).
Subsec. (g). Pub. L. 95-401, Sec. 7, redesignated former subsec. (f)
as (g) and substituted ``(e), and (f)'' for ``and (e)''.
1976--Subsecs. (d), (e). Pub. L. 94-413 added subsec. (d),
redesignated former subsec. (d) as (e) and substituted ``(c), and (d)''
for ``and (c)''.
Short Title of 1990 Amendment
Pub. L. 101-611, title II, Sec. 201, Nov. 16, 1990, 104 Stat. 3205,
provided that: ``This title [enacting sections 2465b to 2465f of this
title] may be cited as the `Launch Services Purchase Act of 1990'.''
Short Title
Section 101 of Pub. L. 85-568 provided that: ``This Act [enacting
this chapter and section 799 of Title 18, Crimes and Criminal Procedure,
amending section 22-1 of former Title 5, Executive Departments and
Government Officers and Employees (which was repealed and reenacted in
pertinent part as sections 7531 and 7532 of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat.
514), sections 2302 and 2303 of Title 10, Armed Forces, section 1114 of
Title 18, sections 511, 512, 513, and 515 of Title 50, War and National
Defense, and enacting provisions set out as notes under section 2472 of
this title and section 2302 of Title 10] may be cited as the `National
Aeronautics and Space Act of 1958'.''
Commission on the Future of the United States Aerospace Industry
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1092], Oct. 30,
2000, 114 Stat. 1654, 1654A-300, as amended by Pub. L. 107-107, div. A,
title X, Sec. 1062, Dec. 28, 2001, 115 Stat. 1232, provided that:
``(a) Establishment.--There is established a commission to be known
as the `Commission on the Future of the United States Aerospace
Industry' (in this section referred to as the `Commission').
``(b) Membership.--(1) The Commission shall be composed of 12
members appointed, not later than March 1, 2001, as follows:
``(A) Up to six members shall be appointed by the President.
``(B) Two members shall be appointed by the Speaker of the House
of Representatives.
``(C) Two members shall be appointed by the majority leader of
the Senate.
``(D) One member shall be appointed by the minority leader of
the Senate.
``(E) One member shall be appointed by the minority leader of
the House of Representatives.
``(2) The members of the Commission shall be appointed from among
persons with extensive experience and national reputations in aerospace
manufacturing, economics, finance, national security, international
trade, or foreign policy and persons who are representative of labor
organizations associated with the aerospace industry.
``(3) Members shall be appointed for the life of the Commission. A
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner as the original appointment.
``(4) The President shall designate one member of the Commission to
serve as the chairman of the Commission.
``(5) The Commission shall meet at the call of the chairman. A
majority of the members shall constitute a quorum, but a lesser number
may hold hearings.
``(c) Duties.--(1) The Commission shall--
``(A) study the issues associated with the future of the United
States aerospace industry in the global economy, particularly in
relationship to United States national security; and
``(B) assess the future importance of the domestic aerospace
industry for the economic and national security of the United
States.
``(2) In order to fulfill its responsibilities, the Commission shall
study the following:
``(A) The budget process of the United States Government,
particularly with a view to assessing the adequacy of projected
budgets of the Federal departments and agencies for aerospace
research and development and procurement.
``(B) The acquisition process of the Government, particularly
with a view to assessing--
``(i) the adequacy of the current acquisition process of
Federal departments and agencies; and
``(ii) the procedures for developing and fielding aerospace
systems incorporating new technologies in a timely fashion.
``(C) The policies, procedures, and methods for the financing
and payment of Government contracts.
``(D) Statutes and regulations governing international trade and
the export of technology, particularly with a view to assessing--
``(i) the extent to which the current system for controlling
the export of aerospace goods, services, and technologies
reflects an adequate balance between the need to protect
national security and the need to ensure unhindered access to
the global marketplace; and
``(ii) the adequacy of United States and multilateral trade
laws and policies for maintaining the international
competitiveness of the United States aerospace industry.
``(E) Policies governing taxation, particularly with a view to
assessing the impact of current tax laws and practices on the
international competitiveness of the aerospace industry.
``(F) Programs for the maintenance of the national space launch
infrastructure, particularly with a view to assessing the adequacy
of current and projected programs for maintaining the national space
launch infrastructure.
``(G) Programs for the support of science and engineering
education, including current programs for supporting aerospace
science and engineering efforts at institutions of higher learning,
with a view to determining the adequacy of those programs.
``(d) Report.--(1) Not later than one year after the date of the
first official meeting of the Commission, the Commission shall submit a
report on its activities to the President and Congress.
``(2) The report shall include the following:
``(A) The Commission's findings and conclusions.
``(B) The Commission's recommendations for actions by Federal
departments and agencies to support the maintenance of a robust
aerospace industry in the United States in the 21st century and any
recommendations for statutory and regulatory changes to support the
implementation of the Commission's findings.
``(C) A discussion of the appropriate means for implementing the
Commission's recommendations.
``(e) Administrative Requirements and Authorities.--(1) The Director
of the Office of Management and Budget shall ensure that the Commission
is provided such administrative services, facilities, staff, and other
support services as may be necessary. Any expenses of the Commission
shall be paid from funds available to the Director.
``(2) The Commission may hold hearings, sit and act at times and
places, take testimony, and receive evidence that the Commission
considers advisable to carry out the purposes of this section.
``(3) The Commission may request directly from any department or
agency of the United States any information that the Commission
considers necessary to carry out the provisions of this section. To the
extent consistent with applicable requirements of law and regulations,
the head of such department or agency shall furnish such information to
the Commission.
``(4) The Commission may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
``(f) Commission Personnel Matters.--(1) Members of the Commission
shall serve without additional compensation for their service on the
Commission, except that members appointed from among private citizens
may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law for persons serving intermittently in
Government service under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes and places of business in the
performance of services for the Commission.
``(2) The chairman of the Commission may appoint staff of the
Commission, request the detail of Federal employees, and accept
temporary and intermittent services in accordance with section 3161 of
title 5, United States Code (as added by section 1101 of this Act).
``(g) Termination.--The Commission shall terminate 60 days after the
date of the submission of its report under subsection (d).''
International Space Station
Pub. L. 106-391, title II, Secs. 201-203, 205, Oct. 30, 2000, 114
Stat. 1586-1590, provided that:
``SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.
``(a) Bimonthly Reporting on Russian Status.--Not later than the
first day of the first month beginning more than 60 days after the date
of the enactment of this Act [Oct. 30, 2000], and not later than the
first day of every second month thereafter until October 1, 2006, the
Administrator [of the National Aeronautics and Space Administration]
shall report to Congress whether or not the Russians have performed work
expected of them and necessary to complete the International Space
Station. Each such report shall also include a statement of the
Administrator's judgment concerning Russia's ability to perform work
anticipated and required to complete the International Space Station
before the next report under this subsection.
``(b) Decision on Russian Critical Path Items.--The President shall
notify Congress within 90 days after the date of the enactment of this
Act [Oct. 30, 2000] of the decision on whether or not to proceed with
permanent replacement of any Russian elements in the critical path [as
defined in section 3 of Pub. L. 106-391, 42 U.S.C. 2452 note] of the
International Space Station or any Russian launch services. Such
notification shall include the reasons and justifications for the
decision and the costs associated with the decision. Such decision shall
include a judgment of when all elements identified in Revision E
assembly sequence as of June 1999 will be in orbit and operational. If
the President decides to proceed with a permanent replacement for any
Russian element in the critical path or any Russian launch services, the
President shall notify Congress of the reasons and the justification for
the decision to proceed with the permanent replacement and the costs
associated with the decision.
``(c) Assurances.--The United States shall seek assurances from the
Russian Government that it places a higher priority on fulfilling its
commitments to the International Space Station than it places on
extending the life of the Mir Space Station, including assurances that
Russia will not utilize assets allocated by Russia to the International
Space Station for other purposes, including extending the life of Mir.
``(d) Equitable Utilization.--In the event that any International
Partner in the International Space Station Program willfully violates
any of its commitments or agreements for the provision of agreed-upon
Space Station-related hardware or related goods or services, the
Administrator should, in a manner consistent with relevant international
agreements, seek a commensurate reduction in the utilization rights of
that Partner until such time as the violated commitments or agreements
have been fulfilled.
``(e) Operation Costs.--The Administrator shall, in a manner
consistent with relevant international agreements, seek to reduce the
National Aeronautics and Space Administration's share of International
Space Station common operating costs, based upon any additional
capabilities provided to the International Space Station through the
National Aeronautics and Space Administration's Russian Program
Assurance activities.
``SEC. 202. COST LIMITATION FOR THE INTERNATIONAL SPACE STATION.
``(a) Limitation of Costs.--
``(1) In general.--Except as provided in subsections (c) and
(d), the total amount obligated by the National Aeronautics and
Space Administration for--
``(A) costs of the International Space Station may not
exceed $25,000,000,000; and
``(B) space shuttle launch costs in connection with the
assembly of the International Space Station may not exceed
$17,700,000,000.
``(2) Calculation of launch costs.--For purposes of paragraph
(1)(B)--
``(A) not more than $380,000,000 in costs for any single
space shuttle launch shall be taken into account; and
``(B) if the space shuttle launch costs taken into account
for any single space shuttle launch are less than $380,000,000,
then the Administrator [of the National Aeronautics and Space
Administration] shall arrange for a verification, by the General
Accounting Office, of the accounting used to determine those
costs and shall submit that verification to the Congress within
60 days after the date on which the next budget request is
transmitted to the Congress.
``(b) Costs to Which Limitation Applies.--
``(1) Development costs.--The limitation imposed by subsection
(a)(1)(A) does not apply to funding for operations, research, or
crew return activities subsequent to substantial completion of the
International Space Station.
``(2) Launch costs.--The limitation imposed by subsection
(a)(1)(B) does not apply--
``(A) to space shuttle launch costs in connection with
operations, research, or crew return activities subsequent to
substantial completion of the International Space Station;
``(B) to space shuttle launch costs in connection with a
launch for a mission on which at least 75 percent of the shuttle
payload by mass is devoted to research; nor
``(C) to any additional costs incurred in ensuring or
enhancing the safety and reliability of the space shuttle.
``(3) Substantial completion.--For purposes of this subsection,
the International Space Station is considered to be substantially
completed when the development costs comprise 5 percent or less of
the total International Space Station costs for the fiscal year.
``(c) Notice of Changes to Space Station Costs.--The Administrator
shall provide with each annual budget request a written notice and
analysis of any changes under subsection (d) to the amounts set forth in
subsection (a) to the Senate Committees on Appropriations and on
Commerce, Science, and Transportation and to the House of
Representatives Committees on Appropriations and on Science. In
addition, such notice may be provided at other times, as deemed
necessary by the Administrator. The written notice shall include--
``(1) an explanation of the basis for the change, including the
costs associated with the change and the expected benefit to the
program to be derived from the change;
``(2) an analysis of the impact on the assembly schedule and
annual funding estimates of not receiving the requested increases;
and
``(3) an explanation of the reasons that such a change was not
anticipated in previous program budgets.
``(d) Funding for Contingencies.--
``(1) Notice required.--If funding in excess of the limitation
provided for in subsection (a) is required to address the
contingencies described in paragraph (2), then the Administrator
shall provide the written notice required by subsection (c). In the
case of funding described in paragraph (3)(A), such notice shall be
required prior to obligating any of the funding. In the case of
funding described in paragraph (3)(B), such notice shall be required
within 15 days after making a decision to implement a change that
increases the space shuttle launch costs in connection with the
assembly of the International Space Station.
``(2) Contingencies.--The contingencies referred to in paragraph
(1) are the following:
``(A) The lack of performance or the termination of
participation of any of the International countries party to the
Intergovernmental Agreement.
``(B) The loss or failure of a United States-provided
element during launch or on-orbit.
``(C) On-orbit assembly problems.
``(D) New technologies or training to improve safety on the
International Space Station.
``(E) The need to launch a space shuttle to ensure the
safety of the crew or to maintain the integrity of the station.
``(3) Amounts.--The total amount obligated by the National
Aeronautics and Space Administration to address the contingencies
described in paragraph (2) is limited to--
``(A) $5,000,000,000 for the International Space Station;
and
``(B) $3,540,000,000 for the space shuttle launch costs in
connection with the assembly of the International Space Station.
``(e) Reporting and Review.--
``(1) Identification of costs.--
``(A) Space shuttle.--As part of the overall space shuttle
program budget request for each fiscal year, the Administrator
shall identify separately--
``(i) the amounts of the requested funding that are to
be used for completion of the assembly of the International
Space Station; and
``(ii) any shuttle research mission described in
subsection (b)(2).
``(B) International space station.--As part of the overall
International Space Station budget request for each fiscal year,
the Administrator shall identify the amount to be used for
development of the International Space Station.
``(2) Accounting for cost limitations.--As part of the annual
budget request to the Congress, the Administrator shall account for
the cost limitations imposed by subsection (a).
``(3) Verification of accounting.--The Administrator shall
arrange for a verification, by the General Accounting Office, of the
accounting submitted to the Congress within 60 days after the date
on which the budget request is transmitted to the Congress.
``(4) Inspector general.--Within 60 days after the Administrator
provides a notice and analysis to the Congress under subsection (c),
the Inspector General of the National Aeronautics and Space
Administration shall review the notice and analysis and report the
results of the review to the committees to which the notice and
analysis were provided.
``SEC. 203. RESEARCH ON INTERNATIONAL SPACE STATION.
``(a) Study.--The Administrator [of the National Aeronautics and
Space Administration] shall enter into a contract with the National
Research Council and the National Academy of Public Administration to
jointly conduct a study of the status of life and microgravity research
as it relates to the International Space Station. The study shall
include--
``(1) an assessment of the United States scientific community's
readiness to use the International Space Station for life and
microgravity research;
``(2) an assessment of the current and projected factors
limiting the United States scientific community's ability to
maximize the research potential of the International Space Station,
including, but not limited to, the past and present availability of
resources in the life and microgravity research accounts within the
Office of Human Spaceflight and the Office of Life and Microgravity
Sciences and Applications and the past, present, and projected
access to space of the scientific community; and
``(3) recommendations for improving the United States scientific
community's ability to maximize the research potential of the
International Space Station, including an assessment of the relative
costs and benefits of--
``(A) dedicating an annual mission of the Space Shuttle to
life and microgravity research during assembly of the
International Space Station; and
``(B) maintaining the schedule for assembly in place at the
time of the enactment [Oct. 30, 2000].
``(b) Report.--Not later than 1 year after the date of the enactment
of this Act [Oct. 30, 2000], the Administrator shall transmit to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report on the
results of the study conducted under this section.
``SEC. 205. SPACE STATION RESEARCH UTILIZATION AND COMMERCIALIZATION
MANAGEMENT.
``(a) Research Utilization and Commercialization Management
Activities.--The Administrator of the National Aeronautics and Space
Administration shall enter into an agreement with a non-government
organization to conduct research utilization and commercialization
management activities of the International Space Station subsequent to
substantial completion as defined in section 202(b)(3). The agreement
may not take effect less than 120 days after the implementation plan for
the agreement is submitted to the Congress under subsection (b).
``(b) Implementation Plan.--Not later than September 30, 2001, the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of the House
of Representatives an implementation plan to incorporate the use of a
non-government organization for the International Space Station. The
implementation plan shall include--
``(1) a description of the respective roles and responsibilities
of the Administration and the non-government organization;
``(2) a proposed structure for the non-government organization;
``(3) a statement of the resources required;
``(4) a schedule for the transition of responsibilities; and
``(5) a statement of the duration of the agreement.''
Aero-Space Transportation Technology Integration
Pub. L. 106-391, title III, Sec. 308, Oct. 30, 2000, 114 Stat. 1592,
provided that:
``(a) Integration Plan.--The Administrator [of the National
Aeronautics and Space Administration] shall develop a plan for the
integration of research, development, and experimental demonstration
activities in the aeronautics transportation technology and space
transportation technology areas where appropriate. The plan shall ensure
that integration is accomplished without losing unique capabilities
which support the National Aeronautics and Space Administration's
defined missions. The plan shall also include appropriate strategies for
using aeronautics centers in integration efforts.
``(b) Reports to Congress.--Not later than 90 days after the date of
the enactment of this Act [Oct. 30, 2000], the Administrator shall
transmit to the Congress a report containing the plan developed under
subsection (a). The Administrator shall transmit to the Congress
annually thereafter for 5 years a report on progress in achieving such
plan, to be transmitted with the annual budget request.''
Innovative Technologies for Human Space Flight
Pub. L. 106-391, title III, Sec. 313, Oct. 30, 2000, 114 Stat. 1594,
provided that:
``(a) Establishment of Program.--In order to promote a `faster,
cheaper, better' approach to the human exploration and development of
space, the Administrator [of the National Aeronautics and Space
Administration] shall establish a Human Space Flight Innovative
Technologies program of ground-based and space-based research and
development in innovative technologies. The program shall be part of the
Technology and Commercialization program.
``(b) Awards.--At least 75 percent of the amount appropriated for
Technology and Commercialization under section 101(b)(4) [114 Stat.
1581] for any fiscal year shall be awarded through broadly distributed
announcements of opportunity that solicit proposals from educational
institutions, industry, nonprofit institutions, National Aeronautics and
Space Administration Centers, the Jet Propulsion Laboratory, other
Federal agencies, and other interested organizations, and that allow
partnerships among any combination of those entities, with evaluation,
prioritization, and recommendations made by external peer review panels.
``(c) Plan.--The Administrator shall provide to the Committee on
Science of the House of Representatives and to the Committee on
Commerce, Science, and Transportation of the Senate, not later than
December 1, 2000, a plan to implement the program established under
subsection (a).''
Life in the Universe
Pub. L. 106-391, title III, Sec. 314, Oct. 30, 2000, 114 Stat. 1595,
provided that:
``(a) Review.--The Administrator [of the National Aeronautics and
Space Administration] shall enter into appropriate arrangements with the
National Academy of Sciences for the conduct of a review of--
``(1) international efforts to determine the extent of life in
the universe; and
``(2) enhancements that can be made to the National Aeronautics
and Space Administration's efforts to determine the extent of life
in the universe.
``(b) Elements.--The review required by subsection (a) shall
include--
``(1) an assessment of the direction of the National Aeronautics
and Space Administration's astrobiology initiatives within the
Origins program;
``(2) an assessment of the direction of other initiatives
carried out by entities other than the National Aeronautics and
Space Administration to determine the extent of life in the
universe, including other Federal agencies, foreign space agencies,
and private groups such as the Search for Extraterrestrial
Intelligence Institute;
``(3) recommendations about scientific and technological
enhancements that could be made to the National Aeronautics and
Space Administration's astrobiology initiatives to effectively
utilize the initiatives of the scientific and technical communities;
and
``(4) recommendations for possible coordination or integration
of National Aeronautics and Space Administration initiatives with
initiatives of other entities described in paragraph (2).
``(c) Report to Congress.--Not later than 20 months after the date
of the enactment of this Act [Oct. 30, 2000], the Administrator shall
transmit to the Congress a report on the results of the review carried
out under this section.''
Carbon Cycle Remote Sensing Applications Research
Pub. L. 106-391, title III, Sec. 315, Oct. 30, 2000, 114 Stat. 1595,
provided that:
``(a) Carbon Cycle Remote Sensing Applications Research Program.--
``(1) In general.--The Administrator [of the National
Aeronautics and Space Administration] shall develop a carbon cycle
remote sensing applications research program--
``(A) to provide a comprehensive view of vegetation
conditions;
``(B) to assess and model agricultural carbon sequestration;
and
``(C) to encourage the development of commercial products,
as appropriate.
``(2) Use of centers.--The Administrator of the National
Aeronautics and Space Administration shall use regional earth
science application centers to conduct applications research under
this section.
``(3) Researched areas.--The areas that shall be the subjects of
research conducted under this section include--
``(A) the mapping of carbon-sequestering land use and land
cover;
``(B) the monitoring of changes in land cover and
management;
``(C) new approaches for the remote sensing of soil carbon;
and
``(D) region-scale carbon sequestration estimation.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 of funds authorized by
section 102 [114 Stat. 1581] for fiscal years 2001 through 2002.''
100th Anniversary of Flight Educational Initiative
Pub. L. 106-391, title III, Sec. 317, Oct. 30, 2000, 114 Stat. 1596,
provided that:
``(a) Educational Initiative.--In recognition of the 100th
anniversary of the first powered flight, the Administrator [of the
National Aeronautics and Space Administration], in coordination with the
Secretary of Education, shall develop and provide for the distribution,
for use in the 2001-2002 academic year and thereafter, of age-
appropriate educational materials, for use at the kindergarten,
elementary, and secondary levels, on the history of flight, the
contribution of flight to global development in the 20th century, the
practical benefits of aeronautics and space flight to society, the
scientific and mathematical principles used in flight, and any other
related topics the Administrator considers appropriate. The
Administrator shall integrate into the educational materials plans for
the development and flight of the Mars plane.
``(b) Report to Congress.--Not later than December 1, 2000, the
Administrator shall transmit a report to the Congress on activities
undertaken pursuant to this section.''
Earth Observing System Program
Pub. L. 102-588, title I, Sec. 102(g), Nov. 4, 1992, 106 Stat. 5111,
provided that:
``(1) The Administrator [of the National Aeronautics and Space
Administration] shall carry out an Earth Observing System program that
addresses the highest priority international climate change research
goals as defined by the Committee on Earth and Environmental Sciences
and the Intergovernmental Panel on Climate Change.
``(2)(A) Within 180 days after the date of enactment of this Act
[Nov. 4, 1992], the Administrator shall submit to Congress a plan which
will ensure that the highest priority measurements are maintained on
schedule to the greatest extent practicable while lower priority
measurements are deferred, deleted, or obtained through other means.
``(B) Within 90 days after the date of enactment of this Act, the
Core System of the Earth Observing System Data and Information System,
the Administrator shall submit to Congress a Development Plan which--
``(i) identifies the highest risk elements of the development
effort and the key advanced technologies required to significantly
increase scientific productivity;
``(ii) provides a plan for the development of one or more
prototype systems for use in reducing the development risk of
critical system elements and obtaining feedback for scientific
users;
``(iii) provides a plan for research into key advanced
technologies;
``(iv) identifies sufficient resources for carrying out the
Development Plan; and
``(v) identifies how the Earth Observing System Data Information
System will connect to and utilize other federally-supported
research networks, including the National Research and Education
Network.''
Congressional Findings and Policy
1991--Pub. L. 102-195, Secs. 2, 3, Dec. 9, 1991, 105 Stat. 1605,
1606, provided that:
``SEC. 2. FINDINGS.
``Congress finds that--
``(1) the report of the Advisory Committee on the Future of the
United States Space Program has provided a framework within which a
consensus on the goals of the space program can be developed;
``(2) a balanced civil space science program should be funded at
a level of at least 20 percent of the aggregate amount in the budget
of the National Aeronautics and Space Administration for `Research
and development' and `Space flight, control, and data
communications';
``(3) development of an adequate data base for life sciences in
space will be greatly enhanced through closer scientific cooperation
with the Soviet Union, including active use of manned Soviet space
stations;
``(4) the space program can make substantial contributions to
health-related research and should be an integral part of the
Nation's health research and development program;
``(5) Landsat data and the continuation of the Landsat system
beyond Landsat 6 are essential to the Mission to Planet Earth and
other long-term environmental research programs;
``(6) increased use of defense-related remote sensing data and
data technology by civilian agencies and the scientific community
can benefit national environmental study and monitoring programs;
``(7) the generation of trained scientists and engineers through
educational initiatives and academic research programs outside of
the National Aeronautics and Space Administration is essential to
the future of the United States civil space program;
``(8) the strengthening and expansion of the Nation's space
transportation infrastructure, including the enhancement of launch
sites and launch site support facilities, are essential to support
the full range of the Nation's space-related activities;
``(9) the aeronautical program contributes to the Nation's
technological competitive advantage, and it has been a key factor in
maintaining preeminence in aviation over many decades; and
``(10) the National Aero Space Plane program can have benefits
to the military and civilian aviation programs from the new and
innovative technologies developed in propulsion systems,
aerodynamics, and control systems that could be enormous, especially
for high-speed aeronautical and space flight.
``SEC. 3. POLICY.
``It is the policy of the United States that--
``(1) the Administrator of the National Aeronautics and Space
Administration (hereinafter referred to as the `Administrator'), in
planning for national programs in environmental study and human
space flight and exploration, should ensure the resiliency of the
space infrastructure;
``(2) a stable and balanced program of civil space science
should be planned to minimize future year funding requirements in
order to accommodate a steady stream of new initiatives;
``(3) any new launch system undertaken or jointly undertaken by
the National Aeronautics and Space Administration should be based on
defined mission and program requirements or national policies
established by Congress;
``(4) in fulfilling the mission of the National Aeronautics and
Space Administration to improve the usefulness, performance, speed,
safety, and efficiency of space vehicles, the Administrator should
establish a program of research and development to enhance the
competitiveness and cost effectiveness of commercial expendable
launch vehicles; and
``(5) the National Aeronautics and Space Administration should
promote and support efforts to advance scientific understanding by
conducting or otherwise providing for research on environmental
problems, including global change, ozone depletion, acid
precipitation, deforestation, and smog.''
1990--Pub. L. 101-611, title I, Secs. 101, 102, Nov. 16, 1990, 104
Stat. 3188, 3189, provided that:
``SEC. 101. FINDINGS.
``The Congress finds that--
``(1) over the next decade, the United States aeronautics and
space program will be directed toward major national priorities of
understanding, preserving, and enhancing our global environment,
hypersonic transportation, human exploration, and emerging
technology commercialization;
``(2) the United States aeronautics and space program is
supported by an overwhelming majority of the American people;
``(3) the United States aeronautics and space program genuinely
reflects our Nation's pioneer heritage and demonstrates our quest
for leadership, economic growth, and human understanding;
``(4) the United States space program is based on a solid record
of achievement and continues to promote the objective of
international cooperation in the exploration of the planets and the
universe;
``(5) the United States aeronautics and space program generates
critical technology breakthroughs that benefit our economy through
new products and processes that significantly improve our standard
of living;
``(6) the United States aeronautics and space program excites
the imagination of every generation and can stimulate the youth of
our Nation toward the pursuit of excellence in the fields of
science, engineering, and mathematics;
``(7) the United States aeronautics and space program
contributes to the Nation's technological competitive advantage;
``(8) the United States aeronautics and space program requires a
sustained commitment of financial and human resources as a share of
the Nation's Gross National Product;
``(9) the United States space transportation system will depend
upon a robust fleet of space shuttle orbiters and expendable and
reusable launch vehicles and services;
``(10) the United States space program will be advanced with an
assured funding stream for the development of a permanently manned
space station with research, experimentation, observation,
servicing, manufacturing, and staging capabilities for lunar and
Mars missions;
``(11) the United States aeronautics program has been a key
factor in maintaining preeminence in aviation over many decades;
``(12) the United States needs to maintain a strong program with
respect to transatmospheric research and technology by developing
and demonstrating National Aero-Space Plane technology by a mid-
decade date certain;
``(13) the National Aeronautics and Space Administration is
primarily responsible for formulating and implementing policy that
supports and encourages civil aeronautics and space activities in
the United States; and
``(14) commercial activities of the private sector will
substantially and increasingly contribute to the strength of both
the United States space program and the national economy.
``SEC. 102. POLICY.
``It is declared to be national policy that the United States
should--
``(1) rededicate itself to the goal of leadership in critical
areas of space science, space exploration, and space
commercialization;
``(2) increase its commitment of budgetary resources for the
space program to reverse the dramatic decline in real spending for
such program since the achievements of the Apollo moon program;
``(3) ensure that the long-range environmental impact of all
activities carried out under this title [enacting sections 2459a,
2465a, and 2471a of this title and section 1535 of Title 15,
Commerce and Trade, amending section 2473 of this title and sections
2601, 2602, 2604, 2614, and 2623 of former Title 49, Transportation,
and enacting provisions set out as notes under this section and
sections 2459, 2465a, and 2471 of this title] are fully understood
and considered;
``(4) promote and support efforts to advance scientific
understanding by conducting or otherwise providing for research on
environmental problems, including global change, ozone depletion,
acid precipitation, deforestation, and smog;
``(5) forge a robust national space program that maintains a
healthy balance between manned and unmanned space activities and
recognizes the mutually reinforcing benefits of both;
``(6) maintain an active fleet of space shuttle orbiters,
including an adequate provision of structural spare parts, and
evolve the orbiter design to improve safety and performance, and
reduce operational costs;
``(7) sustain a mixed fleet by utilizing commercial expendable
launch vehicle services to the fullest extent practicable;
``(8) support an aggressive program of research and development
designed to enhance the United States preeminence in launch
vehicles;
``(9) continue and complete on schedule the development and
deployment of a permanently manned, fully capable, space station;
``(10) develop an advanced, high pressure space suit to support
extravehicular activity that will be required for Space Station
Freedom when Assembly Complete is reached;
``(11) establish a dual capability for logistics and resupply of
the space station utilizing the space shuttle and expendable launch
vehicles, including commercial services if available;
``(12) continue to seek opportunities for international
cooperation in space and fully support international cooperative
agreements;
``(13) maintain an aggressive program of aeronautical research
and technology development designed to enhance the United States
preeminence in civil and military aviation and improve the safety
and efficiency of the United States air transportation system;
``(14) conduct a program of technology maturation, including
flight demonstration in 1997, to prove the feasibility of an air-
breathing, hypersonic aerospace plane capable of single-stage-to-
orbit operation and hypersonic cruise in the atmosphere;
``(15) seek innovative technologies that will make possible
advanced human exploration initiatives, such as the establishment of
a lunar base and the succeeding mission to Mars, and provide high
yield technology advancements for the national economy; and
``(16) enhance the human resources of the Nation and the quality
of education.''
Life Sciences Strategic Plan
Pub. L. 101-611, title I, Sec. 113, Nov. 16, 1990, 104 Stat. 3199,
provided that:
``(a) Findings.--The Congress finds that--
``(1) the current knowledge base in life sciences is not
compatible with the National Aeronautics and Space Administration's
current objectives in space, and the National Aeronautics and Space
Administration lacks an adequate strategic plan to acquire a
knowledge base;
``(2) it is critical to the success of manned missions in space,
be they commercial operations of microgravity laboratories or manned
missions to Mars, that a realistic appraisal of the influences of
the space environment on biological systems is completed and
appropriate protective countermeasures developed;
``(3) the space station is rapidly approaching design maturity
without a corresponding development of the physiological and other
human factors knowledge base necessary for long-term manned
operations in space; and
``(4) space station laboratory hardware specifications are being
fixed before fully establishing the objectives and requirements for
life sciences research.
``(b) Strategic Plan.--The Administration shall--
``(1) review currently proposed manned space flight missions in
order to--
``(A) identify the physiological and other human factors
knowledge base necessary to determine the human capacity to
adapt to and perform effectively in the space environment
according to mission requirements, including identifying which
life sciences parameters must be measured and which
technologies, processes, and procedures must be developed; and
``(B) develop a schedule indicating when specific components
of information, technologies, processes, or procedures
identified under subparagraph (A) will need to be acquired or
developed in order to verify that human adaptability
requirements of manned space flight missions can be achieved;
``(2) develop a strategy plan for life sciences research and
technology development sufficient to accomplish the life sciences
knowledge base acquisition schedule developed under paragraph
(1)(B), including--
``(A) a crew certification plan setting acceptable crew
conditioning standards for Extended Duration Orbiter operations
and verifying countermeasures sufficient to meet those standards
before actual Extended Duration Orbiter operations; and
``(B) a life sciences implementation plan for the design and
development of the space station, to be provided as part of the
Preliminary Design Review for the space station, and to include
crew adaptability standards; and
``(3) verify the physiological and technical feasibility of the
life sciences implementation plan developed under paragraph (2)(B),
as part of the Critical Design Review for the space station.''
National Aero-Space Plane Program
Pub. L. 101-611, title I, Sec. 116, Nov. 16, 1990, 104 Stat. 3202,
provided that:
``(a) National Aero-Space Plane Program.--The Secretary of Defense
(hereafter in this section referred to as the `Secretary') and the
Administrator shall jointly pursue on a high priority basis a National
Aero-Space Plane program whose objective shall be the development and
demonstration, by 1997, of a primarily air breathing single-stage-to-
orbit and long range hypersonic cruise research flight vehicle. The
program shall be a research program, and to the extent practicable
technological information developed shall be transferred to the military
and to the domestic civil aviation and other private industries.
``(b) Management Plan.--
``(1) The Secretary and the Adminstrator [sic] shall jointly
develop a management plan for the program established under
subsection (a), which shall include goals, major tasks, anticipated
schedules, organizational structure, funding profiles, details of
the respective responsibilities of the Secretary and the
Administrator, and resource procurement strategies.
``(2) The management plan developed pursuant to paragraph (1)
shall be submitted to the Congress within 120 days after the date of
enactment of this Act [Nov. 16, 1990].''
National Aeronautics and Space Capital Development Program
Section 101 of Pub. L. 100-685 provided that: ``Congress finds
that--
``(1) in accordance with section 106 of the National Aeronautics
and Space Administration Authorization Act of 1988 (Public Law 100-
147) [set out below], a space station, hereafter referred to as the
United States International Space Station, shall be constructed in
order to establish a permanent presence for man in space for the
following purposes--
``(A) the conduct of scientific experiments, applications
experiments, and engineering experiments;
``(B) the servicing, rehabilitation, and construction of
satellites and space vehicles;
``(C) the development and demonstration of commercial
products and processes; and
``(D) the establishment of a space base for other civilian
and commercial space activities including an outpost for further
exploration of the solar system;
``(2) expendable launch vehicles should be used to launch those
payloads that do not require the presence of man;
``(3) the space shuttle launches should be used to fulfill the
Nation's needs for manned access to space;
``(4) preeminence in space and aeronautics is key to the
national security and economic well being of the United States;
``(5) United States space policy needs long-range goals and
direction in order to provide understanding for near-term space
projects and programs;
``(6) over the next five years the National Aeronautics and
Space Administration, hereafter referred to as the `Administration',
should pursue leadership in science through an aggressive set of
major and moderate missions while maintaining a robust series of
cost effective missions that can provide frequent flight
opportunities to the scientific community[;]
``(7) over the next five years the Administration should prepare
for the transition to the United States International Space Station
of those science and technology programs that can be most
efficiently and effectively conducted on that facility;
``(8) the Administration should encourage the United States
private sector investment in space and, to the maximum extent
practicable provide frequent flight opportunities for the
development of technologies, processes and products that benefit
from the space environment;
``(9) the Administration should enhance the existing space
transportation capability through a robust mixed fleet of manned and
unmanned vehicles in order to increase the reliability,
productivity, and efficiency and reduce the cost of the Nation's
access to space;
``(10) the United States faces an increasingly successful
foreign challenge to its traditional preeminent position in
aeronautics which is rapidly reducing its lead in both civil and
military aircraft;
``(11) NASA's personnel are an integral component and resource
for the Nation's space program, and an innovative personnel system
should be developed;
``(12) the establishment of a permanent presence in space
leading ultimately to space settlements is fully consistent with the
goals of the National Aeronautics and Space Act of 1958 [this
chapter];
``(13) the United States civil space activities should
contribute significantly to enhancing the Nation's scientific and
technological leadership, economy, pride, and sense of well-being,
as well as United States world prestige and leadership;
``(14) civil sector activities should be comprised of a balanced
strategy of research, development, operations, and technology for
science, exploration, and appropriate applications;
``(15) assured access to space, sufficient to achieve all United
States space goals, is an essential element of United States space
policy, and the United States space transportation systems must
provide a balanced, robust, and flexible capability with sufficient
resiliency to allow continued operation despite failures in any
single system;
``(16) the goals of the United States space transportation
system are--
``(A) to achieve and maintain safe and reliable access to,
transportation in, and return from, space;
``(B) to exploit the unique attributes of manned and
unmanned launch and recovery systems;
``(C) to encourage, to the maximum extent feasible, the
development and use of United States private sector space
transportation capabilities; and
``(D) to reduce the costs of space transportation and
related services;
``(17) recognizing that communications advancements are critical
to all United States space activities, the Administration should
continue research and development efforts for future advances in
space communications technologies;
``(18) the goal of aeronautical research and technology
development and validation activities should be to contribute to a
national technology base that will enhance United States preeminence
in civil and military aviation and improve the safety and efficiency
of the United States air transportation system; and
``(19) aeronautical research and technology development and
validation activities should--
``(A) emphasize emerging technologies with potential for
breakthrough advances;
``(B) consist of--
``(i) fundamental research in all aeronautical
disciplines, aimed at greater understanding of aeronautical
phenomena and development of new aeronautical concepts; and
``(ii) technology development and validation activities
aimed at laboratory-scale development and proof-of-concept
demonstration of selected concepts with high payoff
potential;
``(C) assure maintenance of robust aeronautical
laboratories, including a first-rate technical staff and modern
national facilities for the conduct of research and testing
activities;
``(D) be conducted with the close, active participation of
the United States aircraft industry so as to accelerate the
transfer of research results to aviation products;
``(E) include providing technical assistance and facility
support to other government agencies and United States industry;
``(F) include conducting joint projects with other
government agencies where such projects contribute materially to
the goals set forth in this section;
``(G) assure strong participation of United States
universities both in carrying out aeronautical research and
training future aeronautical research personnel; and
``(H) be conducted, where practical, so that United States
industry receives research results before foreign competitors.''
Space Settlements
Section 217 of Pub. L. 100-685 provided that:
``(a) The Congress declares that the extension of human life beyond
Earth's atmosphere, leading ultimately to the establishment of space
settlements, will fulfill the purposes of advancing science,
exploration, and development and will enhance the general welfare.
``(b) In pursuit of the establishment of an International Space Year
in 1992 pursuant to Public Law 99-170 [Dec. 5, 1985, 99 Stat. 1012], the
United States shall exercise leadership and mobilize the international
community in furtherance of increasing mankind's knowledge and
exploration of the solar system.
``(c) Once every 2 years after the date of the enactment of this Act
[Nov. 17, 1988], the National Aeronautics and Space Administration shall
submit a report to the President and to the Congress which--
``(1) provides a review of all activities undertaken under this
section including an analysis of the focused research and
development activities on the Space Station, Moon, and other
outposts that are necessary to accomplish a manned mission to Mars;
``(2) analyzes ways in which current science and technology can
be applied in the establishment of space settlements;
``(3) identifies scientific and technological capacity for
establishing space settlements, including a description of what
steps must be taken to develop such capacity;
``(4) examines alternative space settlement locations and
architectures;
``(5) examines the status of technologies necessary for
extraterrestrial resource development and use and energy production;
``(6) reviews the ways in which the existence of space
settlements would enhance science, exploration, and development;
``(7) reviews mechanisms and institutional options which could
foster a broad-based plan for international cooperation in
establishing space settlements;
``(8) analyzes the economics of financing space settlements,
especially with respect to private sector and international
participation;
``(9) discusses sociological factors involved in space
settlement such as psychology, political science, and legal issues;
and
``(10) addresses such other topics as the National Aeronautics
and Space Administration considers appropriate.''
[For termination, effective May 15, 2000, of provisions relating to
submittal of report to Congress in section 217 of Pub. L. 100-685, set
out above, see section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and item 13 on
page 179 of House Document No. 103-7.]
Ten Year Strategic Plan
Title III of Pub. L. 100-685 provided that:
``aeronautics and space strategic plan
``Sec. 301. The Administrator should develop an aggressive and
balanced plan of science and applications including but not limited to--
``(1) the robotic exploration of other solar system bodies;
``(2) the study and observation of other celestial bodies and
phenomena at spectral wave lengths and resolutions that will enhance
our understanding of the universe;
``(3) the enhanced study and monitoring of Earth as an
interacting system;
``(4) the development of a full understanding of the behavior of
biological systems in the space environment; and
``(5) the development of a full understanding of physics and
chemistry of the macroscopic behavior of materials in the
microgravity environment.
``space research and technology strategic plan
``Sec. 302. The Administrator should develop an aggressive and
balanced plan of space research and technology including but not limited
to--
``(1) fundamental and innovative research as the seedbed for
enabling technologies for future civil space missions;
``(2) focused technology programs keyed to long range, high
priority civil space missions;
``(3) technology research and demonstrations, extending
laboratory activities from Earth to space-based facilities such as
the Space Shuttle, Space Station, orbital platforms, and eventually
the Moon and other planetary bodies; and
``(4) cooperation with, and service to, other space program
sectors with advanced technology and use of ground and space-based
facilities.
``space exploration strategic plan
``Sec. 303. The Administrator should develop a plan in pursuit of
the continued manned exploration of the solar system and low-Earth
orbit, including but not limited to--
``(1) the establishment of an operational United States
International Space Station that shall be permanently manned; and
``(2) the development of those technologies and systems required
for manned exploration of space beyond earth orbit.
``space transportation strategic plan
``Sec. 304. The Administrator should develop a plan to improve the
manned and unmanned space transportation system including--
``(1) the continued enhancement of the space shuttle and its
ground system in order to increase safety and efficiency and reduce
costs;
``(2) the completion of the development of a heavy-lift
expendable launch vehicle if consistent with mission requirements of
the Administration, the Department of Defense, and other Federal
agencies; and
``(3) the initiation of preliminary design activities for the
next generation of a manned space launch system beyond the space
shuttle.
``aeronautical research and technology development and validation long-
range plan
``Sec. 305. The Administrator should develop a plan in pursuit of--
``(1) a vigorous program in aeronautics research and technology
development and validation, emphasizing emerging technologies with
the potential for breakthrough advances to enhance United States
preeminence in civil and military aviation; and
``(2) in cooperation with the Department of Defense, a
technology development program (with an option for a flight
demonstration in 1995) to prove the feasibility of an air-breathing
hypersonic aerospaceplane capable of single-stage-to-orbit operation
and hypersonic cruise in the atmosphere.''
Permanently Manned Space Station
Pub. L. 100-147, title I, Secs. 106-112, Oct. 30, 1987, 101 Stat.
863-865, as amended by Pub. L. 102-195, Sec. 16, Dec. 9, 1991, 105 Stat.
1614; Pub. L. 105-362, title XI, Sec. 1101(c), Nov. 10, 1998, 112 Stat.
3292, provided that:
``Sec. 106. (a) The Administrator is directed to undertake the
construction of a permanently manned space station (hereinafter referred
to as the `space station') to become operational in 1995. The space
station will be used for the following purposes--
``(1) the conduct of scientific experiments, applications
experiments, and engineering experiments;
``(2) the servicing, rehabilitation, and construction of
satellites and space vehicles;
``(3) the development and demonstration of commercial products
and processes; and
``(4) the establishment of a space base for other civilian and
commercial space activities.
``(b) The space station shall be developed and operated in a manner
that supports other science and space activities.
``(c) In order to reduce the cost of operations of the space station
and its ground support system, the Administrator shall undertake the
development of such advanced technologies as may be appropriate within
the level of funding authorized in this Act [see Tables for
classifications].
``(d) The Administrator shall seek to have portions of the space
station constructed and operated by the private sector, where
appropriate.
``(e) The Administrator shall promote international cooperation in
the space station program by undertaking the development, construction,
and operation of the space station in conjunction with (but not limited
to) the Governments of Europe, Japan, and Canada.
``(f) The space station shall be designed, developed, and operated
in a manner that enables evolutionary enhancement.
``[Sec. 107. Repealed. Pub. L. 105-362, title XI, Sec. 1101(c), Nov.
10, 1998, 112 Stat. 3292.]
``Sec. 108. In order to ensure that the development of the space
station is part of a balanced civilian space program, the Administrator
is instructed to establish as a goal a funding profile that limits (1)
space station total annual costs under the capital development plan in
section 107 to 25 percent of the total budget request for the National
Aeronautics and Space Administration and (2) all space station direct
operations costs, except for those costs associated with the utilization
of the space station, to 10 percent of the total budget request for the
National Aeronautics and Space Administration.
``Sec. 109. (a) It is the sense of the Congress that the launching
and servicing of the space station should be accomplished by the most
cost-effective use of space transportation systems, including the space
shuttle and expendable launch vehicles.
``(b) Not later than January 15, 1988, the Administrator shall
submit a preliminary report on the cost-effective use of space
transportation systems for the launch of space station elements during
the development and operation of the space station. The Administrator
shall consider--
``(1) the potential use of future advanced or heavy lift
expendable launch vehicles for purposes of the assembly and
operation of the space station;
``(2) the use of existing expendable launch vehicles of the
National Aeronautics and Space Administration, the Department of
Defense, and the Private Sector;
``(3) the requirement for space shuttle launches; and
``(4) the risk of capital losses from the use of expendable
launch vehicles and the space shuttle.
``Sec. 110. (a) The Administrator shall set and collect reasonable
user fees for the use and maintenance of the space station.
``(b) The Administrator shall set user fees so as to--
``(1) promote the use of the space station consistent with the
policy set forth in section 106;
``(2) recover the costs of the use of the space station,
including reasonable charges for any enhancement needed for such
use; and
``(3) conserve and efficiently allocate the resources of the
space station.
``(c) The Administrator may, on a case-by-case basis, waive or
modify such user fees when in the Administrator's judgment such waiver
or modification will further the goals and purposes of the National
Aeronautics and Space Act of 1958 [42 U.S.C. 2451 et seq.], including--
``(1) the advancement of scientific or engineering knowledge;
``(2) international cooperation; and
``(3) the commercial use of space.
``Sec. 111. No later than September 30, 1988, the Administrator
shall submit a detailed plan for collecting reimbursements for the
utilization of the space station under section 110, including the
services to be offered, the methodology and bases by which prices will
be charged, and the estimated revenues.
``Sec. 112. The Intergovernmental Agreement currently being
negotiated between the United States Government and Canada, Japan, and
member governments of the European Space Agency, and the Memorandum of
Understanding currently being negotiated between the National
Aeronautics and Space Administration and its counterpart agencies in
Canada, Japan, and Europe concerning the detailed design, development,
construction, operation, or utilization of the space station shall be
submitted to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science, Space, and Technology of the
House of Representatives. No such agreement shall take effect until 30
days have passed after the receipt by such committees of the
agreement.''
Feasibility Study on Flight Opportunities for Diverse Segment of
American Public
Pub. L. 99-170, title I, Sec. 111, Dec. 5, 1985, 99 Stat. 1016,
provided that: ``The Administrator shall initiate an immediate
feasibility study to ensure flight opportunities for a diverse segment
of the American public, including a physically disabled American.''
National Commission on Space
Pub. L. 98-361, title II, July 16, 1984, 98 Stat. 427, as amended by
Pub. L. 99-170, title I, Sec. 109, Dec. 5, 1985, 99 Stat. 1016,
established a National Commission on Space, required it to study
existing and proposed space activities, to formulate an agenda for the
civilian space program, to identify long range goals, opportunities, and
policy options for the next 20 years, and to submit, within 18 months
after establishment, a long range plan for the civilian space activity,
and provided that the Commission would cease to exist 60 days after
submission of the plan.
Executive Order No. 10946
Ex. Ord. No. 10946, May 26, 1961, 26 F.R. 4629, which related to
labor disputes at missile and space sites, was revoked by Ex. Ord. No.
11374, Oct. 11, 1967, 32 F.R. 14199, set out below.
Ex Ord. No. 11374. Abolition of Missile Sites Labor Commission
Ex. Ord. No. 11374, Oct. 11, 1967, 32 F.R. 14199, provided:
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
Section 1. The Missile Sites Labor Commission is hereby abolished
and its functions and responsibilities are transferred to the Federal
Mediation and Conciliation Service.
Sec. 2. The Director of the Federal Mediation and Conciliation
Service shall establish within the Federal Mediation and Conciliation
Service such procedures as may be necessary to provide for continued
priority for resolution of labor disputes or potential labor disputes at
missile and space sites, and shall seek the continued cooperation of
manufacturers, contractors, construction concerns, and labor unions in
avoiding uneconomical operations and work stoppages at missile and space
sites.
Sec. 3. The Department of Defense, the National Aeronautics and
Space Administration, and other appropriate government departments and
agencies shall continue to cooperate in the avoidance of uneconomical
operations and work stoppages at missile and space sites. They shall
also assist the Federal Mediation and Conciliation Service in the
discharge of its responsibilities under this order.
Sec. 4. All records and property of the Missile Sites Labor
Commission are hereby transferred to the Federal Mediation and
Conciliation Service.
Sec. 5. Any disputes now before the Missile Sites Labor Commission
shall be resolved by the personnel now serving as members of the Missile
Sites Labor Commissions under special assignment for such purposes by
the Director of the Federal Mediation and Conciliation Service.
Sec. 6. Executive Order No. 10946 of May 26, 1961, is hereby
revoked.
Lyndon B. Johnson.
Executive Order No. 12490
Ex. Ord. No. 12490, Oct. 12, 1984, 49 F.R. 40393, which related to
the establishment, functions, administration, and termination of the
National Commission on Space, was revoked by Ex. Ord. No. 12610, Sept.
30, 1987, 52 F.R. 36901, formerly set out as a note under section 14 of
the Federal Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.
Ex. Ord. No. 12675. Establishing the National Space Council
Ex. Ord. No. 12675, Apr. 20, 1989, 54 F.R. 17691, as amended by Ex.
Ord. No. 12712, Apr. 26, 1990, 55 F.R. 18095; Ex. Ord. No. 12869,
Sec. 4(f), Sept. 30, 1993, 58 F.R. 51752, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, and in order to provide a
coordinated process for developing a national space policy and strategy
and for monitoring its implementation, it is hereby ordered as follows:
Section 1. Establishment and Composition of the National Space
Council.
(a) There is established the National Space Council (``the
Council'').
(b) The Council shall be composed of the following members:
(1) The Vice President, who shall be Chairman of the Council;
(2) The Secretary of State;
(3) The Secretary of the Treasury;
(4) The Secretary of Defense;
(5) The Secretary of Commerce;
(6) The Secretary of Transportation;
(7) The Secretary of Energy;
(8) The Director of the Office of Management and Budget;
(9) The Chief of Staff to the President;
(10) The Assistant to the President for National Security Affairs;
(11) The Assistant to the President for Science and Technology;
(12) The Director of Central Intelligence; and
(13) The Administrator of the National Aeronautics and Space
Administration.
(c) The Chairman shall, from time to time, invite the following to
participate in meetings of the Council:
(1) The Chairman of the Joint Chiefs of Staff; and
(2) The heads of other executive departments and agencies and other
senior officials in the Executive Office of the President.
Sec. 2. Functions of the Council. (a) The Council shall advise and
assist the President on national space policy and strategy, and perform
such other duties as the President may from time to time prescribe.
(b) In addition, the Council is directed to:
(1) review United States Government space policy, including long-
range goals, and develop a strategy for national space activities;
(2) develop recommendations for the President on space policy and
space-related issues;
(3) monitor and coordinate implementation of the objectives of the
President's national space policy by executive departments and agencies;
and
(4) foster close coordination, cooperation, and technology and
information exchange among the civil, national security, and commercial
space sectors, and facilitate resolution of differences concerning major
space and space-related policy issues.
(c) The creation and operation of the Council shall not interfere
with existing lines of authority and responsibilities in the departments
and agencies.
Sec. 3. Responsibilities of the Chairman. (a) The Chairman shall
serve as the President's principal advisor on national space policy and
strategy.
(b) The Chairman shall, in consultation with the members of the
Council, establish procedures for the Council and establish the agenda
for Council activities.
(c) The Chairman shall report to the President on the activities and
recommendations of the Council. The Chairman shall advise the Council as
appropriate regarding the President's directions with respect to the
Council's activities and national space policy generally.
(d) The Chairman shall authorize the establishment of such
committees of the Council, including an executive committee, and of such
working groups, composed of senior designees of the Council members and
of other officials invited to participate in Council meetings, as he
deems necessary or appropriate for the efficient conduct of Council
functions.
Sec. 4. National Space Policy Planning Process. (a) The Council will
establish a process for developing and monitoring the implementation of
national space policy and strategy.
(b) To implement this process, each agency represented on the
Council shall provide such information regarding its current and planned
space activities as the Chairman shall request.
(c) The head of each executive department and agency shall ensure
that its space-related activities conform to national space policy and
strategy.
Sec. 5. [Revoked by Ex. Ord. No. 12869, Sec. 4(f), Sept. 30, 1993,
58 F.R. 51752.]
Sec. 6. Microgravity Research Board. Section 1(c) of Executive Order
No. 12660 is amended by deleting ``Economic Policy Council'' and
inserting in lieu thereof ``National Space Council.''
Sec. 7. Administrative Provisions. (a) The Office of Administration
in the Executive Office of the President shall provide the Council with
such administrative support on a reimbursable basis as may be necessary
for the performance of the functions of the Council.
(b) The President shall appoint an Executive Secretary who shall
appoint such staff as may be necessary to assist in the performance of
the Council's functions.
(c) All Federal departments, agencies, and interagency councils and
committees having an impact on space policy shall extend, as
appropriate, such cooperation and assistance to the Council as is
necessary to carry out its responsibilities under this order.
(d) The head of each agency serving on the Council or represented on
any working group or committee of the Council shall provide such
administrative support as may be necessary, in accordance with law and
subject to the availability of appropriations, to enable the agency head
or its representative to carry out his responsibilities.
Sec. 8. Report. The Council shall submit an annual report setting
forth its assessment of and recommendations for the space policy and
strategy of the United States Government.
Section Referred to in Other Sections
This section is referred to in section 2476 of this title.