§16611. Responsibilities, policies, and plans
(a) General responsibilities
(1) Programs
The Administrator shall ensure that NASA carries out a balanced set of programs that shall include, at a minimum, programs in-
(A) human space flight, in accordance with subsection (b);
(B) aeronautics research and development; and
(C) scientific research, which shall include, at a minimum-
(i) robotic missions to study the Moon and other planets and their moons, and to deepen understanding of astronomy, astrophysics, and other areas of science that can be productively studied from space;
(ii) earth science research and research on the Sun-Earth connection through the development and operation of research satellites and other means;
(iii) support of university research in space science, earth science, and microgravity science; and
(iv) research on microgravity, including research that is not directly related to human exploration.
(2) Consultation and coordination
In carrying out the programs of NASA, the Administrator shall-
(A) consult and coordinate to the extent appropriate with other relevant Federal agencies, including through the National Science and Technology Council;
(B) work closely with the private sector, including by-
(i) encouraging the work of entrepreneurs who are seeking to develop new means to launch satellites, crew, or cargo;
(ii) contracting with the private sector for crew and cargo services, including to the International Space Station, to the extent practicable;
(iii) using commercially available products (including software) and services to the extent practicable to support all NASA activities; and
(iv) encouraging commercial use and development of space to the greatest extent practicable; and
(C) involve other nations to the extent appropriate.
(b) Vision for space exploration
(1) In general
The Administrator shall establish a program to develop a sustained human presence on the Moon, including a robust precursor program, to promote exploration, science, commerce, and United States preeminence in space, and as a stepping-stone to future exploration of Mars and other destinations. The Administrator is further authorized to develop and conduct appropriate international collaborations in pursuit of these goals.
(2) Milestones
The Administrator shall manage human space flight programs to strive to achieve the following milestones (in conformity with section 16763 of this title)-
(A) Returning Americans to the Moon no later than 2020.
(B) Launching the Crew Exploration Vehicle as close to 2010 as possible.
(C) Increasing knowledge of the impacts of long duration stays in space on the human body using the most appropriate facilities available, including the ISS.
(D) Enabling humans to land on and return from Mars and other destinations on a timetable that is technically and fiscally possible.
(c) Aeronautics
(1) In general
The President of the United States, through an official the President shall designate, and in consultation with appropriate Federal agencies, shall develop a national policy to guide the aeronautics research and development programs of the United States through 2020. The policy shall include national goals for aeronautics research and development and shall describe the role and responsibilities of each Federal agency that will carry out the policy. The development of the policy shall utilize external studies that have been conducted on the state of United States aeronautics and aviation research and development and have suggested policies to ensure continued competitiveness.
(2) Content
(A) At a minimum, the national aeronautics research and development policy shall describe for NASA-
(i) the priority areas of research for aeronautics through fiscal year 2011;
(ii) the basis on which and the process by which priorities for ensuing fiscal years will be selected;
(iii) the facilities and personnel needed to carry out the aeronautics program through fiscal year 2011; and
(iv) the budget assumptions on which the policy is based, which for fiscal years 2007 and 2008 shall be the authorized level for aeronautics provided in subchapter II of this chapter.
(B) The policy shall be based on the premises that-
(i) the Federal Government has an established interest in conducting research and development programs for improving the usefulness, performance, speed, safety, and efficiency of aeronautical vehicles, as described in section 2451(d)(2) of this title; and
(ii) the Federal Government has an established interest in conducting research and development programs that help preserve the role of the United States as a global leader in aeronautical technologies and in their application, as described in section 2451(d)(5) of this title.
(3) Considerations
In developing the national aeronautics research and development policy, the President shall consider the following issues, which shall be discussed in the transmittal under paragraph (5):
(A) The extent to which NASA should focus on long-term, high-risk research or more incremental research, and the expected impact of that decision on the United States economy, and the ability to achieve environmental and other public goals related to aeronautics.
(B) The extent to which NASA should address military and commercial needs.
(C) How NASA will coordinate its aeronautics program with other Federal agencies.
(D) The extent to which NASA will conduct research in-house, fund university research, and collaborate on industry research, and the expected impact of that mix of funding on the supply of United States workers for the aeronautics industry.
(E) The extent to which the priority areas of research listed pursuant to paragraph (2)(A) should include the activities authorized by subchapter IV of this chapter, the discussion of which shall include a priority ranking of all of the activities authorized in subchapter IV and an explanation for that ranking.
(4) Consultation
In the development of the national aeronautics research and development policy, the President shall consult widely with academic and industry experts and with other Federal agencies. The Administrator may enter into an arrangement with the National Academy of Sciences to help develop the policy.
(5) Schedule
(A) Not later than 1 year after December 30, 2005, the President shall transmit the national aeronautics research and development policy to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Science of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.
(B) Not later than 60 days after the transmittal of the policy under subparagraph (A), the Administrator shall transmit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Science of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report describing how NASA will carry out the policy.
(C) At the time the President's fiscal year 2007 budget is transmitted to the Congress, the Administrator shall transmit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Science of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the proposed NASA aeronautics budget describing-
(i) the rationale for the budget levels and activities in the proposed fiscal year 2007 NASA aeronautics budget;
(ii) the extent to which the program directions proposed for fiscal year 2007 are likely to be consistent with the national policy being prepared under this section; and
(iii) the extent to which the proposed programs for fiscal year 2007 are consistent with past reports and current studies of the National Academy of Sciences, and other relevant reports and studies.
(d) Science
(1) In general
The Administrator shall develop a plan to guide the science programs of NASA through 2016.
(2) Content
At a minimum, the plan developed under paragraph (1) shall be designed to ensure that NASA has a rich and vigorous set of science activities, and shall describe-
(A) the missions NASA will initiate, design, develop, launch, or operate in space science and earth science through fiscal year 2016, including launch dates;
(B) a priority ranking of all of the missions listed under subparagraph (A), and the rationale for the ranking; and
(C) the budget assumptions on which the policy is based, which for fiscal years 2007 and 2008 shall be consistent with the authorizations provided in subchapter II of this chapter.
(3) Considerations
In developing the science plan under this subsection, the Administrator shall consider the following issues, which shall be discussed in the transmittal under paragraph (6):
(A) What the most important scientific questions in space science and earth science are.
(B) How to best benefit from the relationship between NASA's space and earth science activities and those of other Federal agencies.
(C) Whether the Magnetospheric Multiscale Mission, SIM-Planet Quest, and missions under the Future Explorers Programs can be expedited to meet previous schedules.
(D) Whether any NASA Earth observing missions that have been delayed or cancelled can be restored.
(E) How to ensure the long-term vitality of Earth observation programs at NASA, including their satellite, science, and data system components.
(F) Whether current and currently planned Earth observation missions should be supplemented or replaced with new satellite architectures and instruments that enable global coverage, and all-weather, day and night imaging of the Earth's surface features.
(G) How to integrate NASA earth science missions with the Global Earth Observing System of Systems.
(4) Consultation
In developing the plan under this subsection, the Administrator shall draw on decadal surveys and other reports in planetary science, astronomy, solar and space physics, earth science, and any other relevant fields developed by the National Academy of Sciences. The Administrator shall also consult widely with academic and industry experts and with other Federal agencies.
(5) Hubble Space Telescope
The plan developed under this subsection shall address plans for a human mission to repair the Hubble Space Telescope consistent with section 16652 of this title.
(6) Schedule
The Administrator shall transmit the plan developed under this subsection to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 1 year after December 30, 2005. The Administrator shall make available to those committees any study done by a nongovernmental entity that was used in the development of the plan.
(e) Facilities
(1) In general
The Administrator shall develop a plan for managing NASA's facilities through fiscal year 2015. The plan shall be consistent with the policies and plans developed pursuant to this section.
(2) Content
At a minimum, the plan developed under paragraph (1) shall describe-
(A) any new facilities NASA intends to acquire, whether through construction, purchase, or lease, and the expected dates for doing so;
(B) any facilities NASA intends to significantly modify, refurbish, or upgrade, and the expected dates for doing so;
(C) any facilities NASA intends to close, and the expected dates for doing so;
(D) any transactions NASA intends to conduct to sell, lease, or otherwise transfer the ownership of a facility, and the expected dates for doing so;
(E) how each of the actions described in subparagraphs (A), (B), (C), and (D) will enhance the ability of NASA to carry out its programs;
(F) the expected costs or savings expected from each of the actions described in subparagraphs (A), (B), (C), and (D);
(G) the priority order of the actions described in subparagraphs (A), (B), (C), and (D);
(H) the budget assumptions of the plan, which for fiscal years 2007 and 2008 shall be consistent with the authorizations provided in subchapter II of this chapter, including the funding levels for maintenance and repairs; and
(I) how facilities were evaluated in developing the plan.
(3) Schedule
The Administrator shall transmit the plan developed under this subsection to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than the date on which the President submits the proposed budget for the Federal Government for fiscal year 2008 to the Congress.
(f) Workforce
(1) In general
The Administrator shall develop a human capital strategy to ensure that NASA has a workforce of the appropriate size and with the appropriate skills to carry out the programs of NASA, consistent with the policies and plans developed pursuant to this section. Under the strategy, NASA shall utilize current personnel, to the maximum extent feasible, in implementing the vision for space exploration and NASA's other programs. The strategy shall cover the period through fiscal year 2011.
(2) Content
The strategy developed under paragraph (1) shall describe, at a minimum-
(A) any categories of employees NASA intends to reduce, the expected size and timing of those reductions, the methods NASA intends to use to make the reductions, and the reasons NASA no longer needs those employees;
(B) any categories of employees NASA intends to increase, the expected size and timing of those increases, the methods NASA intends to use to recruit the additional employees, and the reasons NASA needs those employees;
(C) the steps NASA will use to retain needed employees; and
(D) the budget assumptions of the strategy, which for fiscal years 2007 and 2008 shall be consistent with the authorizations provided in subchapter II of this chapter, and any expected additional costs or savings from the strategy by fiscal year.
(3) Schedule
The Administrator shall transmit the strategy developed under this subsection to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 60 days after the date on which the President submits the proposed budget for the Federal Government for fiscal year 2007 to the Congress. At least 60 days before transmitting the strategy, NASA shall provide a draft of the strategy to its Federal employee unions for a 30-day consultation period after which NASA shall respond in writing to any written concerns provided by the unions.
(4) Limitation
NASA may not implement any Reduction in Force or other involuntary separations (except for cause) prior to March 16, 2007.
(g) Center management
(1) In general
The Administrator shall conduct a study to determine whether any of NASA's centers should be operated by or with the private sector by converting a center to a Federally Funded Research and Development Center or through any other mechanism.
(2) Content
The study conducted under paragraph (1) shall, at a minimum-
(A) make a recommendation for the operation of each center and provide reasons for that recommendation; and
(B) describe the advantages and disadvantages of each mode of operation considered in the study.
(3) Considerations
In conducting the study, the Administrator shall take into consideration the experiences of other relevant Federal agencies in operating laboratories and centers, and any reports that have reviewed the mode of operation of those laboratories and centers, as well as any reports that have reviewed NASA's centers.
(4) Schedule
The Administrator shall transmit the study conducted under this subsection to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than May 31, 2006.
(h) Budgets
(1) Categories
The proposed budget for NASA submitted by the President for each fiscal year shall be accompanied by documents showing-
(A) by program-
(i) the budget for space operations, including the ISS and the Space Shuttle;
(ii) the budget for exploration systems;
(iii) the budget for aeronautics;
(iv) the budget for space science;
(v) the budget for earth science;
(vi) the budget for microgravity science;
(vii) the budget for education;
(viii) the budget for safety oversight; and
(ix) the budget for public relations;
(B) the budget for technology transfer programs;
(C) the budget for the Integrated Enterprise Management Program, by individual element;
(D) the budget for the Independent Technical Authority, both total and by center;
(E) the total budget for the prize program under section 2459f–1 1 of this title, and the administrative budget for that program; and
(F) the comparable figures for at least the 2 previous fiscal years for each item in the proposed budget.
(2) Sense of Congress regarding evaluation criteria for budget requests
It is the sense of the Congress that each budget of the United States submitted to the Congress after December 30, 2005, should be evaluated for compliance with the findings and priorities established by this chapter and the amendments made by this chapter.
(i) Additional budget information
NASA shall make available, upon request from the Committee on Science of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate-
(1) information on corporate and center general and administrative costs and service pool costs, including-
(A) the total amount of funds being allocated for those purposes for any fiscal year for which the President has submitted an annual budget request to Congress;
(B) the amount of funds being allocated for those purposes for each center, for headquarters, and for each directorate; and
(C) the major activities included in each cost category; and
(2) the figures on the amount of unobligated funds and unexpended funds, by appropriations account-
(A) that remained at the end of the fiscal year prior to the fiscal year in which the budget is being presented that were carried over into the fiscal year in which the budget is being presented;
(B) that are estimated will remain at the end of the fiscal year in which the budget is being presented that are proposed to be carried over into the fiscal year for which the budget is being presented; and
(C) that are estimated will remain at the end of the fiscal year for which the budget is being presented.
(j) NASA aeronautics test facilities and simulators
(1) Review
The Director of the Office of Science and Technology Policy shall commission an independent review of the Nation's long-term strategic needs for aeronautics test facilities and shall submit the review to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The review shall include an evaluation of the facility needs described pursuant to subsection (c)(2)(A)(iii). The review shall take into consideration the results of the study conducted pursuant to the instructions on page 582 of the conference report (H. Rept. 108–767) to accompany the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
(2) Limitation
The Administrator shall not close or mothball any aeronautics test facilities identified in the 2003 independent assessment by the RAND Corporation titled "Wind Tunnel and Propulsion Test Facilities: An Assessment of NASA's Capabilities to Serve National Needs" as being part of the minimum set of those facilities necessary to retain and manage to serve national needs, or any aeronautics simulators, that were in use as of January 1, 2004, with the exception of the already closed 16-foot transonic tunnel, until-
(A) the review conducted under paragraph (1) has been transmitted to the Congress; and
(B) 60 days after the Administrator has transmitted to the Committee on Appropriations and the Committee on Science of the House of Representatives and the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate a written certification that the proposed closure will not have an adverse impact on NASA's ability to execute the national policy developed under subsection (c) and to achieve the goals described in that policy.
Subparagraph (B) shall cease to be effective five years after the date the study required by this section has been transmitted to the Congress.
(
References in Text
Subchapter II, referred to in subsecs. (c)(2)(A)(iv), (d)(2)(C), (e)(2)(H), and (f)(2)(D), was in the original a reference to title II of
Section 2459f–1 of this title, referred to in subsec. (h)(1)(E), was in the original "section 104", meaning section 104 of
This chapter, referred to in subsec. (h)(2), was in the original "this Act", meaning
The Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, referred to in subsec. (j)(1), is
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Development of National Aeronautics Policy
"(a)
"(b)
"(1) the priority areas of research for aeronautics through fiscal year 2011;
"(2) the basis on which and the process by which priorities for ensuing fiscal years will be selected;
"(3) the facilities and personnel needed to carry out the program through fiscal year 2011; and
"(4) the budget assumptions on which the national aeronautics policy is based.
"(c)
"(1) the extent to which NASA should focus on long-term, high-risk research or more incremental research or both and the expected impact on the U.S. aircraft and airline industries of those decisions;
"(2) the extent to which NASA should address military and commercial needs;
"(3) how NASA will coordinate its aeronautics program with other Federal agencies; and
"(4) the extent to which NASA will fund university research and the expected impact of that funding on the supply of U.S. workers for the aeronautics industry.
"(d)
"(e)
Ex. Ord. No. 13419. National Aeronautics Research and Development
Ex. Ord. No. 13419, Dec. 20, 2006, 71 F.R. 77565, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 204 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as amended (42 U.S.C. 6613), section 101(c) of the National Aeronautics and Space Administration Authorization Act of 2005 (
(a) review the funding and activities of the Federal Government relating to aeronautics R&D;
(b) recommend to the President, the Director of the Office of Management and Budget, and the heads of executive departments and agencies, as appropriate, such actions with respect to funding and activities of the Federal Government relating to aeronautics R&D as may be necessary to
(i) advance United States technological leadership in aeronautics;
(ii) support innovative research leading to significant advances in aeronautical concepts, technologies, and capabilities;
(iii) pursue and develop advanced aeronautics concepts and technologies, including those for advanced aircraft systems and air transportation management systems, to benefit America's security and effective and efficient national airspace management;
(iv) maintain and advance United States aeronautics research, development, test and evaluation infrastructure to provide effective experimental and computational capabilities in support of aeronautics R&D;
(v) facilitate the educational development of the future aeronautics workforce as needed to further Federal Government interests;
(vi) enhance coordination and communication among executive departments and agencies to maximize the effectiveness of Federal Government R&D resources; and
(vii) ensure appropriate Federal Government coordination with State, territorial, tribal, local, and foreign governments, international organizations, academic and research institutions, private organizations, and other entities.
(a) develop and, not later than 1 year after the date of this order, submit for approval by the President a plan for national aeronautics R&D and for related infrastructure, (the "plan"), and thereafter submit, not less often than biennially, to the President for approval any changes to the plan;
(b) monitor and report to the President as appropriate on the implementation of the approved plan;
(c) ensure that executive departments and agencies conducting aeronautics R&D:
(i) obtain and exchange information and advice, as appropriate, from organizations and individuals outside the Federal Government in support of Federal Government planning and performance of aeronautics R&D;
(ii) develop and implement, as appropriate, measures for improving dissemination of R&D results and facilitating technology transition from R&D to applications; and
(iii) identify and promote innovative policies and approaches that complement and enhance Federal Government aeronautics R&D investment; and
(d) report to the President on the results of the efforts of executive departments and agencies to implement paragraphs (c)(i) through (iii) of this section.
(i) obtain as appropriate the assistance of the National Science and Technology Council in the performance of the Director's functions under this order, consistent with Executive Order 12881 of November 23, 1993, as amended;
(ii) coordinate as appropriate with the Director of the Office of Management and Budget; and
(iii) obtain information and advice from all sources as appropriate, including individuals associated with academic and research institutions and private organizations.
(b) The functions of the President under subsection (c) of section 101 of the National Aeronautics and Space Administration Authorization Act of 2005, except the function of designation, are assigned to the Director of the Office of Science and Technology Policy. In performing these assigned functions, the Director shall, as appropriate, consult the Administrator of the National Aeronautics and Space Administration, the Secretary of Defense, the Secretary of Transportation, the Director of the Office of Management and Budget, and other heads of executive departments and agencies as appropriate. The Director also shall ensure that all actions taken in the performance of such functions are consistent with the authority set forth in subsections (a) through (d) of section 6 of Executive Order 13346 of July 8, 2004.
(c) This order shall be implemented in a manner consistent with: (i) applicable law, including section 102A(i) of the National Security Act of 1947, as amended (50 U.S.C. 403–1(i)), and subject to the availability of appropriations; and
(ii) statutory authority of the principal officers of executive departments and agencies as the heads of their respective departments and agencies.
(d) This order shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals.
(e) This order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
George W. Bush.