51 U.S.C. § 20302 — Vision for space exploration

Page 56 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20302 1 So in original. dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Energy is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 20302. Vision for space exploration (a) IN GENERAL.—The Administrator shall es- tablish a program to develop a sustained human presence in cis-lunar space or on the Moon, in- cluding a robust precursor program, to promote exploration, science, commerce, and United States preeminence in space, and as a stepping- stone to future exploration of Mars and other destinations. The Administrator is further au- thorized to develop and conduct appropriate international collaborations in pursuit of these goals. (b) FUTURE EXPLORATION OF MARS.—The Ad- ministrator shall manage human space flight programs, including the Space Launch System and Orion, to enable humans to explore Mars and other destinations by defining a series of sustainable steps and conducting mission plan- ning, research, and technology development on a timetable that is technically and fiscally pos- sible, consistent with section 70504. (c) DEFINITIONS.—In this section: (1) ORION.—The term ‘‘Orion’’ means the multipurpose crew vehicle described under sec- tion 303 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323). (2) SPACE LAUNCH SYSTEM.—The term ‘‘Space Launch System’’ means has the meaning 1 given the term in section 3 of the National Aeronautics and Space Administration Au- thorization Act of 2010 (42 U.S.C. 18302). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3356; Pub. L. 115–10, title IV, § 413, Mar. 21, 2017, 131 Stat. 33.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20302 .......... 42 U.S.C. 16611(b). Pub. L. 109–155, title I, § 101(b), Dec. 30, 2005, 119 Stat. 2898. Editorial Notes AMENDMENTS 2017—Subsec. (a). Pub. L. 115–10, § 413(1), inserted ‘‘in cis-lunar space or’’ after ‘‘sustained human presence’’. Subsec. (b). Pub. L. 115–10, § 413(2), amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘The Administrator shall manage human space flight programs to strive to achieve the following milestones (in conformity with section 70502 of this title): ‘‘(1) Returning Americans to the Moon no later than 2020. ‘‘(2) Launching the Crew Exploration Vehicle as close to 2010 as possible. ‘‘(3) Increasing knowledge of the impacts of long duration stays in space on the human body using the most appropriate facilities available, including the International Space Station. ‘‘(4) Enabling humans to land on and return from Mars and other destinations on a timetable that is technically and fiscally possible.’’ Subsec. (c). Pub. L. 115–10, § 413(3), added subsec. (c). Statutory Notes and Related Subsidiaries MOON TO MARS Pub. L. 117–167, div. B, title VII, § 10811, Aug. 9, 2022, 136 Stat. 1731, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) advances in space technology and space explo- ration capabilities— ‘‘(A) ensure the long-term technological pre- eminence, economic competitiveness, STEM work- force development, and national security of the United States; and ‘‘(B) offer profound inspirational value for future generations; ‘‘(2) the Artemis missions— ‘‘(A) will make further progress on advancing the human exploration roadmap to achieve human pres- ence beyond low-Earth orbit to the surface of Mars, as required under section 432 of the National Aero- nautics and Space Administration Transition Au- thorization Act of 2017 (Public Law 115–10; 51 U.S.C. 20302 note); ‘‘(B) should fulfill the goal of landing United States astronauts, including the first woman and the next man, on the Moon; and ‘‘(C) should seek collaboration with commercial and international partners to establish sustainable lunar exploration, and should fund any sustainable lunar activities not directly required for the ad- vancement of a human mission to Mars separately; ‘‘(3) in carrying out the Artemis missions, the Ad- ministrator [of the National Aeronautics and Space Administration] should ensure that the entire Artemis program is inclusive and representative of all people of the United States, including women and minorities; ‘‘(4) safe and successful execution of the roadmap to achieve human presence on Mars, including the Artemis missions, requires— ‘‘(A) a clear strategic vision for achieving lunar and Mars exploration that is shared by NASA [Na- tional Aeronautics and Space Administration], international partners, nongovernmental partners, Congress, and the people of the United States; ‘‘(B) a well-developed and executable timeline, budget, and mission architecture, to inform deci- sions, including decisions relating to workforce and infrastructure needs and the development of tech- nical and nontechnical skills; ‘‘(C) consistent NASA oversight of all relevant ex- ploration activities, enabled by NASA leadership with authority, responsibility, and accountability for decisions and well-developed capabilities for systems engineering and integration; ‘‘(D) clearly defined roles for NASA, international partners, and nongovernmental partners, including criteria for determining whether NASA should make, manage, or buy key capabilities; and ‘‘(E) mechanisms to ensure NASA insight into the activities of its international and nongovernmental partners, as required to identify and mitigate risks to mission safety and success. ‘‘(b) MOON TO MARS OFFICE AND PROGRAM.— ‘‘(1) MOON TO MARS OFFICE.—Not later than 120 days after the date of the enactment of this Act [Aug. 9, 2022], the Administrator shall establish within the Exploration Systems Development Mission Direc- torate a Moon to Mars Program Office (referred to in this section as the ‘Office’) to lead and manage the Moon to Mars program established under paragraph (2), including Artemis missions and activities. ‘‘(2) MOON TO MARS PROGRAM.— ‘‘(A) ESTABLISHMENT.—Not later than 120 days after the date of the enactment of this Act, the Ad- ministrator shall establish a Moon to Mars Pro- gram (referred to in this section as the ‘Program’) Page 57 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20302 in accordance with sections 20302(b) and 70504 of title 51, United States Code, which shall include Artemis missions and activities, to achieve the goal of human exploration of Mars. ‘‘(B) ELEMENTS.—The Program shall include the following elements: ‘‘(i) The Space Launch System under section 20302 of title 51, United States Code. ‘‘(ii) The Orion crew vehicle under such section. ‘‘(iii) Exploration Ground Systems. ‘‘(iv) An outpost in orbit around the Moon under section 70504 of such title [probably should be ‘‘section 70505 of such title’’]. ‘‘(v) Human-rated landing systems. ‘‘(vi) Spacesuits. ‘‘(vii) Any other element needed to meet the re- quirements for the Program. ‘‘(C) DIRECTION.—The Administrator shall ensure that— ‘‘(i) each Artemis mission demonstrates or ad- vances a technology or operational concept that will enable human missions to Mars; ‘‘(ii) the Program incorporates each such mis- sion into the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 115–10; 51 U.S.C. 20302 note); and ‘‘(iii) the Program includes cislunar space ex- ploration activities that— ‘‘(I) use a combination of launches of the Space Launch System and space transportation services from United States commercial pro- viders, as appropriate, for each such mission; ‘‘(II) plan for not fewer than 1 Space Launch System launch annually beginning after the first successful crewed launch of Orion on the Space Launch System, with a goal of 2 Space Launch System launches annually as soon as practicable; and ‘‘(III) establish an outpost in orbit around the Moon that— ‘‘(aa) demonstrates technologies, systems, and operational concepts directly applicable to the space vehicle that will be used to trans- port humans to Mars; ‘‘(bb) has the capability for periodic human habitation; and ‘‘(cc) functions as a point of departure, re- turn, or staging for missions to multiple loca- tions on the lunar surface or other destina- tions. ‘‘(3) DIRECTOR.— ‘‘(A) IN GENERAL.—The Administrator shall ap- point a Director for the Program, who shall lead the Office and report to the Associate Adminis- trator of the Exploration Systems Development Mission Directorate. ‘‘(B) ACCOUNTABILITY.—The Director shall have accountability for risk management and shall have authority, as consistent with NASA Space Flight Program and Project Management requirements— ‘‘(i) to implement— ‘‘(I) Program-level requirements; and ‘‘(II) an architecture and program plan devel- oped to meet such requirements; ‘‘(ii) to manage resources, personnel, and con- tracts necessary to implement the Program, as appropriate; ‘‘(iii) to manage cost, risk, schedule, and per- formance factors; ‘‘(iv) to direct and oversee a Program-wide sys- tems engineering and integration and integrated risk management function; and ‘‘(v) to carry out other authorities, in accord- ance with [National Aeronautics and Space] Ad- ministration policies and procedures. ‘‘(C) RESPONSIBILITIES.—The Director shall be re- sponsible for— ‘‘(i) developing and managing— ‘‘(I) an integrated master plan, integrated master schedule, and integrated risk manage- ment procedures for the Program; ‘‘(II) a Program-wide systems engineering and integration function as described in subsection (c); ‘‘(III) plans for technology and capabilities development; ‘‘(IV) logistics support, science data manage- ment, communications, and other plans that are relevant to the functions of the Office; and ‘‘(V) performance measures to assess the progress of the Program; ‘‘(ii) advising the Associate Administrator of the Exploration Systems Development Mission Directorate on the development of— ‘‘(I) Program-level requirements, including for a human Mars orbital mission and a human mission to the surface of Mars; and ‘‘(II) an architecture based on the require- ments described in subclause (I); and ‘‘(iii) informing the Associate Administrator of the Administration on coordination among NASA centers, as required to most efficiently achieve the goals of the Program. ‘‘(c) SYSTEMS ENGINEERING AND INTEGRATION.—The Director of the Office shall— ‘‘(1) establish within the Office a Program-wide sys- tems engineering and integration function; and ‘‘(2) appoint a manager for such function to manage systems engineering and integration activities across the Program, including with respect to the Program elements described in subsection (b)(2). ‘‘(d) IMPLEMENTATION.—In the implementation of the Program, the Administrator shall ensure that— ‘‘(1) for the purposes of reducing risk and com- plexity and making the maximum use of taxpayer in- vestments to date, in conducting Artemis activities, the Administration does not take any action in re- gard to the design of the Exploration Upper Stage-en- hanced Space Launch System that would preclude it from carrying an integrated human-rated lunar land- ing system for crewed lunar landing missions; ‘‘(2) the Program maintains a robust series of ground-based and in-flight testing activities, includ- ing, with respect to each crewed system design, not less than 1 uncrewed flight test, followed by a crewed flight test, as appropriate, prior to use of the design on a human-rated lunar landing system or Mars mis- sion; and ‘‘(3) human lunar landing missions under the Pro- gram, including surface and in-space activities, are carried out solely by government astronauts. ‘‘(e) STUDY.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall sub- mit to the appropriate committees of Congress [Com- mittee on Commerce, Science, and Transportation of the Senate and Committee on Science, Space, and Technology of the House of Representatives] a report detailing— ‘‘(1) progress towards the establishment of— ‘‘(A) the Office, the Program, and the Program ar- chitecture; and ‘‘(B) the integrated master plan, integrated mas- ter schedule, and integrated risk management pro- cedures for the Program; ‘‘(2) performance measures and milestones for the Program and any interim assessment with respect to such performance measures, as practicable; ‘‘(3) initial criteria for determining whether NASA should make, manage, or buy key capabilities within the Program or engage with international partners to access such capabilities; ‘‘(4) strategies to ensure consistent insight into the activities of NASA partners, including nongovern- mental partners, as required to identify and mitigate mission risks; ‘‘(5) progress towards the establishment of a sys- tems engineering and integration function; and ‘‘(6) an annual budget profile for resources required to implement the Program during the 5-year period beginning on the date of the enactment of this Act.’’ [For definition of ‘‘STEM’’ as used in section 10811 of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.] Page 58 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20302 [For definitions of ‘‘Orion’’, ‘‘cislunar space’’, and ‘‘government astronauts’’ as used in section 10811 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.] HUMAN SPACE EXPLORATION Pub. L. 115–10, title IV, §§ 431, 432, Mar. 21, 2017, 131 Stat. 38, as amended by Pub. L. 117–167, div. B, title VII, § 10817(b), Aug. 9, 2022, 136 Stat. 1740, provided that: ‘‘SEC. 431. FINDINGS ON HUMAN SPACE EXPLO- RATION. ‘‘Congress makes the following findings: ‘‘(1) In accordance with section 204 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2813), the National Academies of Sciences, Engineering, and Medicine, through its Committee on Human Spaceflight, conducted a re- view of the goals, core capabilities, and direction of human space flight, and published the findings and recommendations in a 2014 report entitled, ‘Pathways to Exploration: Rationales and Approaches for a U.S. Program of Human Space Exploration’. ‘‘(2) The Committee on Human Spaceflight included leaders from the aerospace, scientific, security, and policy communities. ‘‘(3) With input from the public, the Committee on Human Spaceflight concluded that many practical and aspirational rationales for human space flight to- gether constitute a compelling case for continued na- tional investment and pursuit of human space explo- ration toward the horizon goal of Mars. ‘‘(4) According to the Committee on Human Spaceflight, the rationales include economic benefits, national security, national prestige, inspiring stu- dents and other citizens, scientific discovery, human survival, and a sense of shared destiny. ‘‘(5) The Committee on Human Spaceflight affirmed that Mars is the appropriate long-term goal for the human space flight program. ‘‘(6) The Committee on Human Spaceflight rec- ommended that NASA define a series of sustainable steps and conduct mission planning and technology development as needed to achieve the long-term goal of placing humans on the surface of Mars. ‘‘(7) Expanding human presence beyond low-Earth orbit and advancing toward human missions to Mars requires early planning and timely decisions to be made in the near-term on the necessary courses of ac- tion for commitments to achieve short-term and long-term goals and objectives. ‘‘(8) In addition to the 2014 report described in para- graph (1), there are several independently developed reports or concepts that describe potential Mars ar- chitectures or concepts and identify Mars as the long- term goal for human space exploration, including NASA’s ‘The Global Exploration Roadmap’ of 2013, ‘NASA’s Journey to Mars–Pioneering Next Steps in Space Exploration’ of 2015, NASA Jet Propulsion Lab- oratory’s ‘Minimal Architecture for Human Journeys to Mars’ of 2015, and Explore Mars’ ‘The Humans to Mars Report 2016’. ‘‘SEC. 432. HUMAN EXPLORATION ROADMAP. ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) expanding human presence beyond low-Earth orbit and advancing toward human missions to Mars in the 2030s requires early strategic planning and timely decisions to be made in the near-term on the necessary courses of action for commitments to achieve short-term and long-term goals and objec- tives; ‘‘(2) for strong and sustained United States leader- ship, a need exists to advance a human exploration roadmap, addressing exploration objectives in col- laboration with international, academic, and indus- try partners; ‘‘(3) an approach that incrementally advances to- ward a long-term goal is one in which nearer-term de- velopments and implementation would influence fu- ture development and implementation; and ‘‘(4) a human exploration roadmap should begin with low-Earth orbit, then address in greater detail progress beyond low-Earth orbit to cis-lunar space, and then address future missions aimed at human ar- rival and activities near and then on the surface of Mars. ‘‘(b) HUMAN EXPLORATION ROADMAP.— ‘‘(1) IN GENERAL.—The Administrator shall develop a human exploration roadmap, including a critical decision plan, to expand human presence beyond low- Earth orbit to the surface of Mars and beyond, con- sidering potential interim destinations such as cis- lunar space and the moons of Mars. ‘‘(2) SCOPE.—The human exploration roadmap shall include— ‘‘(A) an integrated set of exploration, science, and other goals and objectives of a United States human space exploration program to achieve the long-term goal of human missions near or on the surface of Mars in the 2030s; ‘‘(B) opportunities for international, academic, and industry partnerships for exploration-related systems, services, research, and technology if those opportunities provide cost-savings, accelerate pro- gram schedules, or otherwise benefit the goals and objectives developed under subparagraph (A); ‘‘(C) sets and sequences of precursor missions in cis-lunar space and other missions or activities nec- essary— ‘‘(i) to demonstrate the proficiency of the capa- bilities and technologies identified under sub- paragraph (D); and ‘‘(ii) to meet the goals and objectives developed under subparagraph (A), including anticipated timelines and missions for the Space Launch Sys- tem and Orion; ‘‘(D) an identification of the specific capabilities and technologies, including the Space Launch Sys- tem, Orion, a deep space habitat, and other capa- bilities, that facilitate the goals and objectives de- veloped under subparagraph (A); ‘‘(E) a description of how cis-lunar elements, ob- jectives, and activities advance the human explo- ration of Mars; ‘‘(F) an assessment of potential human health and other risks, including radiation exposure; ‘‘(G) mitigation plans, whenever possible, to ad- dress the risks identified in subparagraph (F); ‘‘(H) a description of those technologies already under development across the Federal Government or by other entities that facilitate the goals and ob- jectives developed under subparagraph (A); ‘‘(I) a specific process for the evolution of the ca- pabilities of the fully integrated Orion with the Space Launch System and a description of how these systems facilitate the goals and objectives de- veloped under subparagraph (A) and demonstrate the capabilities and technologies described in sub- paragraph (D); ‘‘(J) a description of the capabilities and tech- nologies that need to be demonstrated or research data that could be gained through the utilization of the ISS and the status of the development of such capabilities and technologies; ‘‘(K) a framework for international cooperation in the development of all capabilities and technologies identified under this section, including an assess- ment of the risks posed by relying on international partners for capabilities and technologies on the critical path of development; ‘‘(L) a process for partnering with nongovern- mental entities using Space Act Agreements or other acquisition instruments for future human space exploration; and ‘‘(M) include [sic] information on the phasing of planned intermediate destinations, Mars mission risk areas and potential risk mitigation ap- proaches, technology requirements and phasing of Page 59 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20303 1 See References in Text note below. required technology development activities, the management strategy to be followed, related ISS activities, planned international collaborative ac- tivities, potential commercial contributions, and other activities relevant to the achievement of the goal established in this section. ‘‘(3) CONSIDERATIONS.—In developing the human ex- ploration roadmap, the Administrator shall con- sider— ‘‘(A) using key exploration capabilities, namely the Space Launch System and Orion; ‘‘(B) using existing commercially available tech- nologies and capabilities or those technologies and capabilities being developed by industry for com- mercial purposes; ‘‘(C) establishing an organizational approach to ensure collaboration and coordination among NASA’s Mission Directorates under section 821 [set out as a note under section 20111 of this title], when appropriate, including to collect and return to Earth a sample from the Martian surface; ‘‘(D) building upon the initial uncrewed mission, Artemis I, and first crewed mission, Artemis II, of the Space Launch System and Orion to establish a sustainable cadence of missions extending human exploration missions into cis-lunar space, including anticipated timelines and milestones; ‘‘(E) developing the robotic and precursor mis- sions and activities that will demonstrate, test, and develop key technologies and capabilities essential for achieving human missions to Mars, including long-duration human operations beyond low-Earth orbit, space suits, solar electric propulsion, deep space habitats, environmental control life support systems, Mars lander and ascent vehicle, entry, de- scent, landing, ascent, Mars surface systems, and in-situ resource utilization; ‘‘(F) demonstrating and testing 1 or more habitat modules in cis-lunar space to prepare for Mars mis- sions; ‘‘(G) using public-private, firm fixed-price part- nerships, where practicable; ‘‘(H) collaborating with international, academic, and industry partners, when appropriate; ‘‘(I) any risks to human health and sensitive on- board technologies, including radiation exposure; ‘‘(J) any risks identified through research out- comes under the NASA Human Research Program’s Behavioral Health Element; and ‘‘(K) the recommendations and ideas of several independently developed reports or concepts that describe potential Mars architectures or concepts and identify Mars as the long-term goal for human space exploration, including the reports described under section 431. ‘‘(4) CRITICAL DECISION PLAN ON HUMAN SPACE EXPLO- RATION.—As part of the human exploration roadmap, the Administrator shall include a critical decision plan— ‘‘(A) identifying and defining key decisions guid- ing human space exploration priorities and plans that need to be made before June 30, 2020, including decisions that may guide human space exploration capability development, precursor missions, long- term missions, and activities; ‘‘(B) defining decisions needed to maximize effi- ciencies and resources for reaching the near, inter- mediate, and long-term goals and objectives of human space exploration; and ‘‘(C) identifying and defining timelines and mile- stones for a sustainable cadence of missions begin- ning with Artemis III for the Space Launch System and Orion to extend human exploration from cis- lunar space to the surface of Mars. ‘‘(5) REPORTS.— ‘‘(A) INITIAL HUMAN EXPLORATION ROADMAP.—The Administrator shall submit to the appropriate com- mittees of Congress— ‘‘(i) an initial human exploration roadmap, in- cluding a critical decision plan, before December 1, 2017; and ‘‘(ii) an updated human exploration roadmap pe- riodically as the Administrator considers nec- essary but not less than biennially. ‘‘(B) CONTENTS.—Each human exploration road- map under this paragraph shall include a descrip- tion of— ‘‘(i) the achievements and goals accomplished in the process of developing such capabilities and technologies during the 2-year period prior to the submission of the human exploration roadmap; and ‘‘(ii) the expected goals and achievements in the following 2-year period. ‘‘(C) SUBMISSION WITH BUDGET.—Each human ex- ploration roadmap under this section shall be in- cluded in the budget for that fiscal year trans- mitted to Congress under section 1105(a) of title 31, United States Code.’’ [Pub. L. 117–167, div. B, title VII, § 10817(b), Aug. 9, 2022, 136 Stat. 1740, which directed amendment of sec- tion 432(b) of the National Aeronautics and Space Ad- ministration Authorization Act of 2017, was executed by amending section 432(b) of Pub. L. 115–10, set out above, which is section 432(b) of the National Aero- nautics and Space Administration Transition Author- ization Act of 2017, to reflect the probable intent of Congress.] [For definitions of terms used in sections 431 and 432 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.] § 20303. Contribution to innovation (a) PARTICIPATION IN INTERAGENCY ACTIVI- TIES.—The Administration shall be a full partic- ipant in any interagency effort to promote inno- vation and economic competitiveness through near-term and long-term basic scientific re- search and development and the promotion of science, technology, engineering, and mathe- matics education, consistent with the Adminis- tration’s mission, including authorized activi- ties. (b) HISTORIC FOUNDATION.—In order to carry out the participation described in subsection (a), the Administrator shall build on the historic role of the Administration in stimulating excel- lence in the advancement of physical science and engineering disciplines and in providing op- portunities and incentives for the pursuit of aca- demic studies in science, technology, engineer- ing, and mathematics. (c) BALANCED SCIENCE PROGRAM AND ROBUST AUTHORIZATION LEVELS.—The balanced science program authorized by section 101(d) of the Na- tional Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16611(d)) 1 shall be an element of the contribution by the Administration to the interagency programs. (d) ANNUAL REPORT.— (1) REQUIREMENT.—The Administrator shall submit to Congress and the President an an- nual report describing the activities conducted pursuant to this section, including a descrip- tion of the goals and the objective metrics upon which funding decisions were made. (2) CONTENT.—Each report submitted pursu- ant to paragraph (1) shall include, with regard to science, technology, engineering, and math- ematics education programs, at a minimum, the following: (A) A description of each program.