§2451. Congressional declaration of policy and purpose

(a) Devotion of space activities to peaceful purposes for benefit of all mankind

The Congress declares that it is the policy of the United States that activities in space should be devoted to peaceful purposes for the benefit of all mankind.

(b) Aeronautical and space activities for welfare and security of United States; control by civilian agency; exceptions

The Congress declares that the general welfare and security of the United States require that adequate provision be made for aeronautical and space activities. The Congress further declares that such activities shall be the responsibility of, and shall be directed by, a civilian agency exercising control over aeronautical and space activities sponsored by the United States, except that activities peculiar to or primarily associated with the development of weapons systems, military operations, or the defense of the United States (including the research and development necessary to make effective provision for the defense of the United States) shall be the responsibility of, and shall be directed by, the Department of Defense; and that determination as to which such agency has responsibility for and direction of any such activity shall be made by the President in conformity with section 2471(e) of this title.

(c) Commercial use of space

The Congress declares that the general welfare of the United States requires that the National Aeronautics and Space Administration (as established by subchapter II of this chapter) seek and encourage, to the maximum extent possible, the fullest commercial use of space.

(d) Objectives of aeronautical and space activities

The aeronautical and space activities of the United States shall be conducted so as to contribute materially to one or more of the following objectives:

(1) The expansion of human knowledge of the Earth and of phenomena in the atmosphere and space;

(2) The improvement of the usefulness, performance, speed, safety, and efficiency of aeronautical and space vehicles;

(3) The development and operation of vehicles capable of carrying instruments, equipment, supplies, and living organisms through space;

(4) The establishment of long-range studies of the potential benefits to be gained from, the opportunities for, and the problems involved in the utilization of aeronautical and space activities for peaceful and scientific purposes;

(5) The preservation of the role of the United States as a leader in aeronautical and space science and technology and in the application thereof to the conduct of peaceful activities within and outside the atmosphere;

(6) The making available to agencies directly concerned with national defense of discoveries that have military value or significance, and the furnishing by such agencies, to the civilian agency established to direct and control nonmilitary aeronautical and space activities, of information as to discoveries which have value or significance to that agency;

(7) Cooperation by the United States with other nations and groups of nations in work done pursuant to this chapter and in the peaceful application of the results thereof;

(8) The most effective utilization of the scientific and engineering resources of the United States, with close cooperation among all interested agencies of the United States in order to avoid unnecessary duplication of effort, facilities, and equipment; and

(9) The preservation of the United States preeminent position in aeronautics and space through research and technology development related to associated manufacturing processes.

(e) Ground propulsion systems research and development

The Congress declares that the general welfare of the United States requires that the unique competence in scientific and engineering systems of the National Aeronautics and Space Administration also be directed toward ground propulsion systems research and development. Such development shall be conducted so as to contribute to the objectives of developing energy and petroleum-conserving ground propulsion systems, and of minimizing the environmental degradation caused by such systems.

(f) Bioengineering research, development, and demonstration programs

The Congress declares that the general welfare of the United States requires that the unique competence of the National Aeronautics and Space Administration in science and engineering systems be directed to assisting in bioengineering research, development, and demonstration programs designed to alleviate and minimize the effects of disability.

(g) Detecting, tracking, cataloguing, and characterizing near-Earth asteroids and comets

The Congress declares that the general welfare and security of the United States require that the unique competence of the National Aeronautics and Space Administration be directed to detecting, tracking, cataloguing, and characterizing near-Earth asteroids and comets in order to provide warning and mitigation of the potential hazard of such near-Earth objects to the Earth.

(h) Purpose of chapter

It is the purpose of this chapter to carry out and effectuate the policies declared in subsections (a), (b), (c), (d), (e), (f), and (g) of this section.

( Pub. L. 85–568, title I, §102, July 29, 1958, 72 Stat. 426 ; Pub. L. 94–413, §15(a), (b), Sept. 17, 1976, 90 Stat. 1270 ; Pub. L. 95–238, title III, §311, Feb. 25, 1978, 92 Stat. 83 ; Pub. L. 95–401, §7, Sept. 30, 1978, 92 Stat. 860 ; Pub. L. 98–361, title I, §110, July 16, 1984, 98 Stat. 426 ; Pub. L. 100–685, title II, §214, Nov. 17, 1988, 102 Stat. 4093 ; Pub. L. 106–391, title III, §302(a), Oct. 30, 2000, 114 Stat. 1591 ; Pub. L. 109–155, title III, §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, §321(d)(2)(B), added subsec. (g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 109–155, §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, §110(a)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

Subsec. (d). Pub. L. 98–361, §110(a)(2), redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(1). Pub. L. 98–361, §110(b), inserted "of the Earth".

Subsecs. (e) to (g). Pub. L. 98–361, §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, §110(a)(2), redesignated former subsec. (g) as (h).

Pub. L. 98–361, §110(a)(1), inserted reference to subsec. (g) of this section.

1978-Subsec. (e). Pub. L. 95–238, §311(a), added subsec. (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 95–401, §7(a), added subsec. (f). Former subsec. (f) redesignated (g).

Pub. L. 95–238, §311(a), (b), redesignated former subsec. (e) as (f) and inserted reference to subsec. (e).

Subsec. (g). Pub. L. 95–401, §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, §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'."

Use of International Space Station National Laboratory To Support Math and Science Education and Competitiveness

Pub. L. 110–69, title II, §2006, Aug. 9, 2007, 121 Stat. 584 , provided that:

"(a) Sense of Congress.-It is the sense of Congress that the International Space Station National Laboratory offers unique opportunities for educational activities and provides a unique resource for research and development in science, technology, and engineering, which can enhance the global competitiveness of the United States.

"(b) Development of Educational Projects.-The Administrator of the National Aeronautics and Space Administration shall develop a detailed plan for implementation of 1 or more education projects that utilize the resources offered by the International Space Station. In developing any detailed plan according to this paragraph, the Administrator shall make use of the findings and recommendations of the International Space Station National Laboratory Education Concept Development Task Force.

"(c) Development of Research Plans for Competitiveness Enhancement.-The Administrator shall develop a detailed plan for identification and support of research to be conducted aboard the International Space Station, which offers the potential for enhancement of United States competitiveness in science, technology, and engineering. In developing any detailed plan pursuant to this subsection, the Administrator shall consult with agencies and entities with which cooperative agreements have been reached regarding utilization of International Space Station National Laboratory facilities."

Commission on the Future of the United States Aerospace Industry

Pub. L. 106–398, §1 [[div. A], title X, §1092], Oct. 30, 2000, 114 Stat. 1654 , 1654A-300, as amended by Pub. L. 107–107, div. A, title X, §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, §§201–203, 205, Oct. 30, 2000, 114 Stat. 1586–1590 , as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814 ; Pub. L. 109–155, title II, §207(b), title VII, §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. Repealed. Pub. L. 109–155, title II, §207(b), Dec. 30, 2005, 119 Stat. 2916 , effective 30 days after Dec. 1, 2006.]

"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 [now Committee on Science and Technology] 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 [now Committee on Science and Technology] 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, §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.]

[Repeal of section 202 of Pub. L. 106–391, set out above, effective 30 days after Dec. 1, 2006, see section 16636(b) of this title.]

Aero-Space Transportation Technology Integration

Pub. L. 106–391, title III, §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, §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 [now Committee on Science and Technology] 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, §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, §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, §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, §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, §§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, §§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, §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, §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, §§106–112, Oct. 30, 1987, 101 Stat. 863–865 , as amended by Pub. L. 102–195, §16, Dec. 9, 1991, 105 Stat. 1614 ; Pub. L. 105–362, title XI, §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, §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 [now Committee on Science 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, §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, §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, §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, §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.