51 U.S.C. § 70901 — Peaceful uses of space station

Page 177 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70901 under this chapter without the appropriate secu- rity clearances. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3435.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70709 .......... 42 U.S.C. 16849. Pub. L. 109–155, title VIII, § 829, Dec. 30, 2005, 119 Stat. 2944. § 70710. Reporting requirements and termination (a) INTERIM REPORTS.—A Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commis- sion members. (b) FINAL REPORT.—A Commission shall sub- mit to the President and Congress, and make concurrently available to the public, a final re- port containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. Such report shall include any minor- ity views or opinions not reflected in the major- ity report. (c) TERMINATION.— (1) IN GENERAL.—A Commission, and all the authorities of this chapter with respect to that Commission, shall terminate 60 days after the date on which the final report is sub- mitted under subsection (b). (2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI- NATION.—A Commission may use the 60-day pe- riod referred to in paragraph (1) for the pur- pose of concluding its activities, including providing testimony to committees of Con- gress concerning its reports and disseminating the final report. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70710 .......... 42 U.S.C. 16850. Pub. L. 109–155, title VIII, § 830, Dec. 30, 2005, 119 Stat. 2944. CHAPTER 709—INTERNATIONAL SPACE STATION Sec. 70901. Peaceful uses of space station. 70902. Allocation of International Space Station re- search budget. 70903. International Space Station research. 70904. International Space Station completion. 70905. National laboratory designation. 70906. International Space Station National Labora- tory Advisory Committee. 70907. Maintaining use through at least 2030. Editorial Notes AMENDMENTS 2022—Pub. L. 117–167, div. B, title VII, § 10815(d)(2), Aug. 9, 2022, 136 Stat. 1738, substituted ‘‘Maintaining use through at least 2030.’’ for ‘‘Maintaining use through at least 2024.’’ in item 70907. 2015—Pub. L. 114–90, title I, § 114(b)(5)(B), Nov. 25, 2015, 129 Stat. 716, substituted ‘‘Maintaining use through at least 2024.’’ for ‘‘Maintaining use through at least 2020.’’ in item 70907. § 70901. Peaceful uses of space station No civil space station authorized under sec- tion 103(a)(1) of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 (Public Law 101–611, 104 Stat. 3190) may be used to carry or place in orbit any nu- clear weapon or any other weapon of mass de- struction, to install any such weapon on any ce- lestial body, or to station any such weapon in space in any other manner. This civil space sta- tion may be used only for peaceful purposes. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70901 .......... (not previously classified) Pub. L. 101–611, title I, § 123, Nov. 16, 1990, 104 Stat. 3204. The words ‘‘the National Aeronautics and Space Ad- ministration Authorization Act, Fiscal Year 1991 (Pub- lic Law 101–611, 104 Stat. 3190)’’ are substituted for ‘‘this Act’’ to clarify the reference. Editorial Notes REFERENCES IN TEXT Section 103(a)(1) of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 (Public Law 101–611, 104 Stat. 3190), referred to in text, is not classified to the Code. Statutory Notes and Related Subsidiaries PRIORITIES FOR INTERNATIONAL SPACE STATION Pub. L. 117–167, div. B, title VII, § 10816, Aug. 9, 2022, 136 Stat. 1739, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Na- tional Aeronautics and Space Administration] shall as- sess International Space Station research activities and shall ensure that crew time and resources allocated to the [National Aeronautics and Space] Administra- tion for use on the International Space Station prioritize— ‘‘(1) the research of the Human Research Program, including research on and development of counter- measures relevant to reducing human health and per- formance risks, behavioral and psychological risks, and other astronaut safety risks related to long-dura- tion human spaceflight; ‘‘(2) risk reduction activities relevant to explo- ration technologies, including for the Environmental Control and Life Support System, extravehicular ac- tivity and space suits, environmental monitoring, safety, emergency response, and deep space commu- nications; ‘‘(3) the advancement of United States leadership in basic and applied space life and physical science re- search, consistent with the priorities of the most re- cent space life and physical sciences decadal survey of the National Academies of Sciences, Engineering, and Medicine; and ‘‘(4) other research and development activities iden- tified by the Administrator as essential to Moon to Mars activities. ‘‘(b) REPORTS.— ‘‘(1) ASSESSMENT AND PRIORITIZATION.—Not later than 180 days after the date of the enactment of this Act [Aug. 9, 2022], the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Science, Space, and Tech- nology of the House of Representatives] a report on— Page 178 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70901 ‘‘(A) the assessment; and ‘‘(B) the steps taken to achieve the prioritization required by subsection (a). ‘‘(2) SPACE FLIGHT PARTICIPANTS.—Not later than 120 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate com- mittees of Congress a report on measures taken, with respect to space flight participants aboard the ISS [International Space Station], to ensure government astronaut safety, to avoid interference in ISS oper- ations and research priorities, and to prevent undue demands on crew time and resources. ‘‘(3) ANNUAL PROGRESS REPORTS.—Concurrent with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Administrator shall provide to the appropriate committees of Congress an annual ac- counting of the use of Administration crew time and ISS resources, including the allocation of such re- sources toward the priorities described in subsection (a).’’ [For definitions of ‘‘deep space’’, ‘‘space flight partic- ipant’’, and ‘‘government astronaut’’ as used in section 10816 of Pub. L. 117–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.] INTERNATIONAL SPACE STATION 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 Labora- tory offers unique opportunities for educational activi- ties and provides a unique resource for research and de- velopment 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 imple- mentation of 1 or more education projects that utilize the resources offered by the International Space Sta- tion. 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 COMPETI- TIVENESS ENHANCEMENT.—The Administrator shall de- velop a detailed plan for identification and support of research to be conducted aboard the International Space Station, which offers the potential for enhance- ment of United States competitiveness in science, tech- nology, and engineering. In developing any detailed plan pursuant to this subsection, the Administrator shall consult with agencies and entities with which co- operative agreements have been reached regarding uti- lization of International Space Station National Lab- oratory facilities.’’ 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 CON- TINGENCY 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 Na- tional Aeronautics and Space Administration] shall re- port to Congress whether or not the Russians have per- formed work expected of them and necessary to com- plete 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 sub- section. Each such report shall also identify each Rus- sian 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 pay- ment in cash or in-kind for work to be performed or services to be rendered under the Agreement Con- cerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any pro- tocol, 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, 51 U.S.C. 10101 note] of the International Space Station or any Russian launch services. Such notification shall in- clude the reasons and justifications for the decision and the costs associated with the decision. Such decision shall include a judgment of when all elements identi- fied in Revision E assembly sequence as of June 1999 will be in orbit and operational. If the President de- cides 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 as- surances from the Russian Government that it places a higher priority on fulfilling its commitments to the International Space Station than it places on extend- ing the life of the Mir Space Station, including assur- ances 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 Sta- tion 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 commensu- rate reduction in the utilization rights of that Partner until such time as the violated commitments or agree- ments have been fulfilled. ‘‘(e) OPERATION COSTS.—The Administrator shall, in a manner consistent with relevant international agree- ments, seek to reduce the National Aeronautics and Space Administration’s share of International Space Station common operating costs, based upon any addi- tional capabilities provided to the International Space Station through the National Aeronautics and Space Administration’s Russian Program Assurance activi- ties. ‘‘[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 Aer- onautics 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 Sta- tion. 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 fac- tors limiting the United States scientific commu- nity’s ability to maximize the research potential of the International Space Station, including, but not limited to, the past and present availability of re- Page 179 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70901 sources in the life and microgravity research ac- counts within the Office of Human Spaceflight and the Office of Life and Microgravity Sciences and Ap- plications 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 Sta- tion, 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 as- sembly 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 Adminis- trator shall transmit to the Committee on Science [now Committee on Science, Space, 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 UTILIZA- TION AND COMMERCIALIZATION MANAGE- MENT. ‘‘(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 orga- nization to conduct research utilization and commer- cialization 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 Sep- tember 30, 2001, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science [now Com- mittee on Science, Space, 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 implementa- tion plan shall include— ‘‘(1) a description of the respective roles and respon- sibilities of the Administration and the non-govern- ment 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.] 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 [of the National Aer- onautics and Space Administration] is directed to un- dertake the construction of a permanently manned space station (hereinafter referred to as the ‘space sta- tion’) to become operational in 1995. The space station will be used for the following purposes— ‘‘(1) the conduct of scientific experiments, applica- tions experiments, and engineering experiments; ‘‘(2) the servicing, rehabilitation, and construction of satellites and space vehicles; ‘‘(3) the development and demonstration of com- mercial products and processes; and ‘‘(4) the establishment of a space base for other ci- vilian and commercial space activities. ‘‘(b) The space station shall be developed and oper- ated 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 Ad- ministrator shall undertake the development of such advanced technologies as may be appropriate within the level of funding authorized in this Act [see Tables for classification]. ‘‘(d) The Administrator shall seek to have portions of the space station constructed and operated by the pri- vate sector, where appropriate. ‘‘(e) The Administrator shall promote international cooperation in the space station program by under- taking 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 en- hancement. ‘‘[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 Administra- tion. ‘‘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 Adminis- trator shall submit a preliminary report on the cost-ef- fective use of space transportation systems for the launch of space station elements during the develop- ment and operation of the space station. The Adminis- trator shall consider— ‘‘(1) the potential use of future advanced or heavy lift expendable launch vehicles for purposes of the as- sembly and operation of the space station; ‘‘(2) the use of existing expendable launch vehicles of the National Aeronautics and Space Administra- tion, the Department of Defense, and the Private Sec- tor; ‘‘(3) the requirement for space shuttle launches; and ‘‘(4) the risk of capital losses from the use of ex- pendable 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 sta- tion, including reasonable charges for any enhance- ment 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 Administra- tor’s judgment such waiver or modification will further the goals and purposes of the National Aeronautics and Space Act of 1958 [see 51 U.S.C. 20101 et seq.], includ- ing— ‘‘(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 Ad- ministrator shall submit a detailed plan for collecting Page 180 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70902 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 cur- rently being negotiated between the United States Gov- ernment 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 Eu- rope concerning the detailed design, development, con- struction, operation, or utilization of the space station shall be submitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. No such agreement shall take effect until 30 days have passed after the receipt by such committees of the agreement.’’ § 70902. Allocation of International Space Station research budget The Administrator shall allocate at least 15 percent of the funds budgeted for International Space Station research to ground-based, free- flyer, and International Space Station life and microgravity science research that is not di- rectly related to supporting the human explo- ration program, consistent with section 40904 of this title. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70902 .......... 42 U.S.C. 16633. Pub. L. 109–155, title II, § 204, Dec. 30, 2005, 119 Stat. 2916. The words ‘‘Beginning with fiscal year 2006’’, which appeared at the beginning of this section, are omitted as obsolete. § 70903. International Space Station research The Administrator shall— (1) carry out a program of microgravity re- search consistent with section 40904 of this title; and (2) consider the need for a life sciences cen- trifuge and any associated holding facilities. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70903 .......... 42 U.S.C. 16766(1), (2). Pub. L. 109–155, title V, § 506(1), (2), Dec. 30, 2005, 119 Stat. 2930. § 70904. International Space Station completion (a) POLICY.—It is the policy of the United States to achieve diverse and growing utiliza- tion of, and benefits from, the International Space Station. (b) ELEMENTS, CAPABILITIES, AND CONFIGURA- TION CRITERIA.—The Administrator shall ensure that the International Space Station will— (1) be assembled and operated in a manner that fulfills international partner agreements, as long as the Administrator determines that the shuttle can safely enable the United States to do so; (2) be used for a diverse range of micro- gravity research, including fundamental, ap- plied, and commercial research, consistent with section 40904 of this title; (3) have an ability to support a crew size of at least 6 persons, unless the Administrator transmits to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 60 days after December 30, 2005, a report explaining why such a requirement should not be met, the impact of not meeting the require- ment on the International Space Station re- search agenda and operations and inter- national partner agreements, and what addi- tional funding or other steps would be re- quired to have an ability to support a crew size of at least 6 persons; (4) support Crew Exploration Vehicle dock- ing and automated docking of cargo vehicles or modules launched by either heavy-lift or commercially-developed launch vehicles; (5) support any diagnostic human research, on-orbit characterization of molecular crystal growth, cellular research, and other research that the Administration believes is necessary to conduct, but for which the Administration lacks the capacity to return the materials that need to be analyzed to Earth; and (6) be operated at an appropriate risk level. (c) CONTINGENCIES.— (1) POLICY.—The Administrator shall ensure that the International Space Station can have available, if needed, sufficient logistics and on-orbit capabilities to support any potential period during which the space shuttle or its follow-on crew and cargo systems are unavail- able, and can have available, if needed, suffi- cient surge delivery capability or prepositioning of spares and other supplies needed to accommodate any such hiatus. (2) PLAN.—Before making any change in the International Space Station assembly se- quence in effect on December 30, 2005, the Ad- ministrator shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Senate a plan to carry out the policy described in paragraph (1). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3437.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70904 .......... 42 U.S.C. 16765. Pub. L. 109–155, title V, § 505, Dec. 30, 2005, 119 Stat. 2929. In subsections (b)(3) and (c)(2), the words ‘‘Committee on Science and Technology’’ are substituted for ‘‘Com- mittee on Science’’ on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007). In subsections (b)(3) and (c)(2), the date ‘‘December 30, 2005’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enactment of the Na- tional Aeronautics and Space Administration Author- ization Act of 2005 (Public Law 109–155, 119 Stat. 2895). In subsection (c)(2) the words ‘‘Not later than 60 days after the date of enactment of this Act [December 30, 2005], and’’ are omitted as obsolete.