51 U.S.C. § 40111 — Fundamental research program

Page 84 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40103 (i) advance United States technological leadership in aeronautics; (ii) support innovative research leading to significant advances in aeronautical concepts, technologies, and capabilities; (iii) pursue and develop advanced aeronautics con- cepts and technologies, including those for advanced aircraft systems and air transportation management systems, to benefit America’s security and effective and efficient national airspace management; (iv) maintain and advance United States aeronautics research, development, test and evaluation infrastruc- ture to provide effective experimental and computa- tional capabilities in support of aeronautics R&D; (v) facilitate the educational development of the fu- ture aeronautics workforce as needed to further Fed- eral Government interests; (vi) enhance coordination and communication among executive departments and agencies to maximize the effectiveness of Federal Government R&D resources; and (vii) ensure appropriate Federal Government coordi- nation with State, territorial, tribal, local, and foreign governments, international organizations, academic and research institutions, private organizations, and other entities. SEC. 3. Implementation of National Aeronautics Research and Development Policy. To implement the policy set forth in section 1 of this order, the Director shall: (a) develop and, not later than 1 year after the date of this order, submit for approval by the President a plan for national aeronautics R&D and for related in- frastructure, (the ‘‘plan’’), and thereafter submit, not less often than biennially, to the President for approval any changes to the plan; (b) monitor and report to the President as appro- priate on the implementation of the approved plan; (c) ensure that executive departments and agencies conducting aeronautics R&D: (i) obtain and exchange information and advice, as appropriate, from organizations and individuals outside the Federal Government in support of Federal Govern- ment planning and performance of aeronautics R&D; (ii) develop and implement, as appropriate, measures for improving dissemination of R&D results and facili- tating technology transition from R&D to applications; and (iii) identify and promote innovative policies and ap- proaches that complement and enhance Federal Gov- ernment aeronautics R&D investment; and (d) report to the President on the results of the ef- forts of executive departments and agencies to imple- ment paragraphs (c)(i) through (iii) of this section. SEC. 4. General Provisions. (a) In implementing this order, the Director shall: (i) obtain as appropriate the assistance of the Na- tional Science and Technology Council in the perform- ance of the Director’s functions under this order, con- sistent with Executive Order 12881 of November 23, 1993, as amended; (ii) coordinate as appropriate with the Director of the Office of Management and Budget; and (iii) obtain information and advice from all sources as appropriate, including individuals associated with academic and research institutions and private organi- zations. (b) The functions of the President under subsection (c) of section 101 of the National Aeronautics and Space Administration Authorization Act of 2005, except the function of designation, are assigned to the Director of the Office of Science and Technology Policy. In per- forming these assigned functions, the Director shall, as appropriate, consult the Administrator of the National Aeronautics and Space Administration, the Secretary of Defense, the Secretary of Transportation, the Direc- tor of the Office of Management and Budget, and other heads of executive departments and agencies as appro- priate. The Director also shall ensure that all actions taken in the performance of such functions are con- sistent with the authority set forth in subsections (a) through (d) of section 6 of Executive Order 13346 of July 8, 2004. (c) This order shall be implemented in a manner con- sistent with: (i) applicable law, including section 102A(i) of the Na- tional Security Act of 1947, as amended ([former] 50 U.S.C. 403–1(i)) [now 50 U.S.C. 3024(i)], and subject to the availability of appropriations; and (ii) statutory authority of the principal officers of ex- ecutive departments and agencies as the heads of their respective departments and agencies. (d) This order shall not be construed to impair or oth- erwise affect the functions of the Director of the Office of Management and Budget relating to budget, admin- istrative, and legislative proposals. (e) This order is not intended to, and does not, create any rights or benefits, substantive or procedural, en- forceable at law or in equity by a party against the United States, its departments, agencies, instrumental- ities, or entities, its officers, employees, or agents, or any other person. GEORGE W. BUSH. § 40103. Cooperation with other agencies on aero- nautics activities The Administrator shall coordinate, as appro- priate, the Administration’s aeronautics activi- ties with relevant programs in the Department of Transportation, the Department of Defense, the Department of Commerce, and the Depart- ment of Homeland Security, including the ac- tivities of the Next Generation Air Transpor- tation System Joint Planning and Development Office established under section 709 of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176, 49 U.S.C. 40101 note). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40103 .......... 42 U.S.C. 16712(b). Pub. L. 110–69, title II, § 2002(b), Aug. 9, 2007, 121 Stat. 583. The words ‘‘Next Generation Air Transportation Sys- tem’’ are inserted before ‘‘Joint Planning and Develop- ment Office’’ for consistency with section 709 of the Vi- sion 100—Century of Aviation Reauthorization Act (Public Law 108–176, 49 U.S.C. 40101 note). § 40104. Cooperation among Mission Directorates Research and development activities per- formed by the Aeronautics Research Mission Di- rectorate with the primary objective of assisting in the development of a flight project in another Mission Directorate shall be funded by the Mis- sion Directorate seeking assistance. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40104 .......... 42 U.S.C. 17724. Pub. L. 110–422, title III, § 307, Oct. 15, 2008, 122 Stat. 4788. SUBCHAPTER II—HIGH PRIORITY AERO- NAUTICS RESEARCH AND DEVELOPMENT PROGRAMS § 40111. Fundamental research program (a) OBJECTIVE.—In order to ensure that the Na- tion maintains needed capabilities in funda- Page 85 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40112 mental areas of aeronautics research, the Ad- ministrator shall establish a program of long- term fundamental research in aeronautical sciences and technologies that is not tied to spe- cific development projects. (b) OPERATION.—The Administrator shall con- duct the program under this section, in part by awarding grants to institutions of higher edu- cation. The Administrator shall encourage the participation of institutions of higher education located in States that participate in the Experi- mental Program to Stimulate Competitive Re- search. All grants to institutions of higher edu- cation under this section shall be awarded through merit review. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40111 .......... 42 U.S.C. 16721(a), (b). Pub. L. 109–155, title IV, § 421(a), (b), Dec. 30, 2005, 119 Stat. 2924. § 40112. Research and technology programs (a) SUPERSONIC TRANSPORT RESEARCH AND DE- VELOPMENT.—The Administrator may establish an initiative with the objective of developing and demonstrating, in a relevant environment, airframe and propulsion technologies to enable efficient, economical overland flight of super- sonic civil transport aircraft with no significant impact on the environment. (b) RESEARCH AND DEVELOPMENT INITIATIVE ON REDUCTION OF GREENHOUSE GAS AND NOISE EMIS- SIONS FROM AIRCRAFT.— (1) IN GENERAL.—The Administrator shall es- tablish an initiative to research, develop, and demonstrate new technologies and concepts— (A) to reduce greenhouse gas emissions from aviation, including carbon dioxide, ni- trogen oxides, other greenhouse gases, water vapor, black carbon and sulfate aerosols, and increased cloudiness due to contrail forma- tion; (B) to reduce aviation noise emissions; and (C) to enable associated aircraft perform- ance characteristics. (2) GOALS.—The goals of the initiative re- quired by paragraph (1) shall be— (A) to ensure United States leadership in research and technology innovation leading to substantial reductions in aviation noise and greenhouse gas emissions; (B) to enhance and expand basic research, and the translation of basic research into ap- plications, that may lead to trans- formational advances in reducing aviation noise and greenhouse gas emissions; (C) to accelerate research and development that contributes to maturing new tech- nologies for reducing aircraft noise and greenhouse gas emissions; and (D) to obtain and disseminate associated testing and performance data that facili- tates the incorporation of new technologies into commercial aircraft development as soon as practicable. (3) OBJECTIVES.—The objectives of the initia- tive established under paragraph (1) and the goals described in paragraph (2) shall include— (A) as soon as practicable, a reduction of greenhouse gas emissions from new aircraft by at least 50 percent, as compared to the highest-performing aircraft technologies in service as of December 31, 2021; (B) noise levels from aircraft throughout all phases of flight that do not exceed ambi- ent noise levels in the absence of flight oper- ations in the vicinity of the flight route; (C) net-zero greenhouse gas emissions from aircraft by 2050; and (D) demonstration of new technologies de- veloped pursuant to such initiative on— (i) regional aircraft intended to enter into service by 2030; and (ii) single-aisle aircraft designed to ac- commodate more than 125 passengers in- tended to enter into service by 2040. (c) ROTORCRAFT AND OTHER RUNWAY-INDE- PENDENT AIR VEHICLES.—The Administrator may establish a rotorcraft and other runway-inde- pendent air vehicles initiative with the objec- tive of developing and demonstrating improved safety, noise, and environmental impact in a rel- evant environment. (d) HYPERSONICS RESEARCH.—The Adminis- trator may establish a hypersonics research pro- gram with the objective of exploring the science and technology of hypersonic flight using air- breathing propulsion concepts, through a mix of theoretical work, basic and applied research, and development of flight research demonstra- tion vehicles. The program may also include the transition to the hypersonic range of Mach 3 to Mach 5. (e) REVOLUTIONARY AERONAUTICAL CONCEPTS.— The Administrator may establish a research program which covers a unique range of sub- sonic, fixed wing vehicles and propulsion con- cepts. This research is intended to push tech- nology barriers beyond current subsonic tech- nology. Propulsion concepts include advanced materials, morphing engines, hybrid engines, and fuel cells. (f) FUEL CELL-POWERED AIRCRAFT RESEARCH.— (1) OBJECTIVE.—The Administrator may es- tablish a fuel cell-powered aircraft research program whose objective shall be to develop and test concepts to enable a hydrogen fuel cell-powered aircraft that would have no hy- drocarbon or nitrogen oxide emissions into the environment. (2) APPROACH.—The Administrator may es- tablish a program of competitively awarded grants available to teams of researchers that may include the participation of individuals from universities, industry, and government for the conduct of this research. (g) MARS AIRCRAFT RESEARCH.— (1) OBJECTIVE.—The Administrator may es- tablish a Mars Aircraft project whose objec- tive shall be to develop and test concepts for an uncrewed aircraft that could operate for sustained periods in the atmosphere of Mars. (2) APPROACH.—The Administrator may es- tablish a program of competitively awarded grants available to teams of researchers that may include the participation of individuals from universities, industry, and government for the conduct of this research.