Notes on 42 U.S.C. § 2451 : US Code - Notes

Search Notes on 42 U.S.C. § 2451 : US Code - Notes

(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;
Pub. L. 109-155, title III, Sec. 321(d)(2), Dec. 30, 2005, 119
Stat. 2923.)
REFERENCES IN TEXT
Section 2471 of this title, referred to in subsec. (b), was
omitted from the Code.
This chapter, referred to in subsec. (h), 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
2005 - Subsec. (g). Pub. L. 109-155, Sec. 321(d)(2)(B), added
subsec. (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 109-155, Sec. 321(d)(2)(A), (C),
redesignated subsec. (g) as (h) and substituted "(f), and (g)" for
"and (f)".
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, as amended by Pub. L. 108-271, Sec. 8(b), July 7,
2004, 118 Stat. 814; Pub. L. 109-155, title II, Sec. 207(b), title
VII, Sec. 706(a), Dec. 30, 2005, 119 Stat. 2916, 2937, 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 semiannually
thereafter until December 31, 2011, 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. Each such
report shall also identify each Russian entity or person to whom
NASA has, since the date of the enactment of the Iran
Nonproliferation Amendments Act of 2005 [Nov. 22, 2005], made a
payment in cash or in-kind for work to be performed or services to
be rendered under the Agreement Concerning Cooperation on the Civil
International Space Station, with annex, signed at Washington
January 29, 1998, and entered into force March 27, 2001, or any
protocol, agreement, memorandum of understanding, or contract
related thereto. Each report shall include the specific purpose of
each payment made to each entity or person identified in the
report.
"(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
Government Accountability 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 Government Accountability
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."
[Pub. L. 109-155, title VII, Sec. 706(a)(2), Dec. 30, 2005, 119
Stat. 2937, which directed insertion of two sentences at end of
section 201 of Pub. L. 106-391, set out above, was executed by
making the insertion at the end of section 201(a) of Pub. L. 106-
391, to reflect the probable intent of Congress.]
[Section 16636(b) of this title provided that 30 days after the
transmittal of the report described in section 16636(a) of this
title, section 202 of Pub. L. 106-391, set out above, is repealed.]
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.