42 U.S.C. § 18354 — Management of the ISS national labora-

Page 9156 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18354 and Commercial Space Programs, as amended by sec- tion 114(b) of Pub. L. 114–90. Section 101(2)(B), referred to in subsec. (e)(4), is Pub. L. 111–267, title I, § 101(2)(B), Oct. 11, 2010, 124 Stat. 2809, which is not classified to the Code. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–167 substituted ‘‘Sep- tember 30, 2030’’ for ‘‘September 30, 2024’’. 2015—Subsec. (a). Pub. L. 114–90, § 114(b)(2)(A), sub- stituted ‘‘through at least September 30, 2024’’ for ‘‘through at least September 30, 2020’’. Subsec. (b)(1). Pub. L. 114–90, § 114(b)(2)(B), substituted ‘‘The Administrator’’ for ‘‘In carrying out subsection (a), the Administrator’’. § 18354. Management of the ISS national labora- tory (a) Cooperative agreement with not-for-profit en- tity for management of national laboratory (1) In general The Administrator shall provide initial fi- nancial assistance and enter into a coopera- tive agreement with an appropriate organiza- tion that is exempt from taxation under sec- tion 501(c)(3) of title 26 to manage the activi- ties of the ISS national laboratory in accord- ance with this section. (2) Qualifications The organization with which the Adminis- trator enters into the cooperative agreement shall develop the capabilities to implement re- search and development projects utilizing the ISS national laboratory and to otherwise man- age the activities of the ISS national labora- tory. (3) Prohibition on other activities The cooperative agreement shall require the organization entering into the agreement to engage exclusively in activities relating to the management of the ISS national laboratory and activities that promote its long term re- search and development mission as required by this section, without any other organiza- tional objectives or responsibilities on behalf of the organization or any parent organization or other entity. (b) NASA liaison (1) Designation The Administrator shall designate an offi- cial or employee of the Space Operations Mis- sion Directorate of NASA to act as liaison be- tween NASA and the organization with which the Administrator enters into a cooperative agreement under subsection (a) with regard to the management of the ISS national labora- tory. (2) Consultation with liaison The cooperative agreement shall require the organization entering into the agreement to carry out its responsibilities under the agree- ment in cooperation and consultation with the official or employee designated under para- graph (1). (c) Planning and coordination of ISS national laboratory research activities The Administrator shall provide initial finan- cial assistance to the organization with which the Administrator enters into a cooperative agreement under subsection (a), in order for the organization to initiate the following: (1) Planning and coordination of the ISS na- tional laboratory research activities. (2) Development and implementation of guidelines, selection criteria, and flight sup- port requirements for non-NASA scientific utilization of ISS research capabilities and fa- cilities available in United States-owned mod- ules of the ISS or in partner-owned facilities of the ISS allocated to United States utiliza- tion by international agreement. (3) Interaction with and integration of the International Space Station National Labora- tory Advisory Committee established under section 70906 of title 51 with the governance of the organization, and review recommendations provided by that Committee regarding agree- ments with non-NASA departments and agen- cies of the United States Government, aca- demic institutions and consortia, and commer- cial entities leading to the utilization of the ISS national laboratory facilities. (4) Coordination of transportation require- ments in support of the ISS national labora- tory research and development objectives, in- cluding provision for delivery of instruments, logistics support, and related experiment ma- terials, and provision for return to Earth of collected samples, materials, and scientific in- struments in need of replacement or upgrade. (5) Cooperation with NASA, other depart- ments and agencies of the United States Gov- ernment, the States, and commercial entities in ensuring the enhancement and sustained operations of non-exploration-related research payload ground support facilities for the ISS, including the Space Life Sciences Laboratory, the Space Station Processing Facility and Payload Operations Integration Center. (6) Development and implementation of sci- entific outreach and education activities de- signed to ensure effective utilization of ISS re- search capabilities including the conduct of scientific assemblies, conferences, and other fora for the presentation of research findings, methods, and mechanisms for the dissemina- tion of non-restricted research findings and the development of educational programs, course supplements, interaction with edu- cational programs at all grade levels, includ- ing student-focused research opportunities for conduct of research in the ISS national lab- oratory facilities. (7) Such other matters relating to the utili- zation of the ISS national laboratory facilities for research and development as the Adminis- trator may consider appropriate. (d) Research capacity allocation and integration of research payloads (1) Allocation of ISS research capacity The ISS national laboratory managed ex- periments shall be guaranteed access to, and utilization of, not less than 50 percent of the United States research capacity allocation, in- cluding power, cold stowage, and requisite crew time onboard the ISS through at least September 30, 2030. Access to the ISS research capacity includes provision for the adequate Page 9157 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18362 upmass and downmass capabilities to utilize the ISS research capacity, as available. The Administrator may allocate additional capac- ity to the ISS national laboratory should such capacity be in excess of NASA research re- quirements. (2) Additional research capabilities If any NASA research plan is determined to require research capacity onboard the ISS be- yond the percentage allocated under para- graph (1), such research plan shall be prepared in the form of a requested research oppor- tunity to be submitted to the process estab- lished under this section for the consideration of proposed research within the capacity allo- cated to the ISS national laboratory. A pro- posal for such a research plan may include the establishment of partnerships with non-NASA institutions eligible to propose research to be conducted within the ISS national laboratory capacity. Until at least September 30, 2030, the official or employee designated under sub- section (b) may grant an exception to this re- quirement in the case of a proposed experi- ment considered essential for purposes of pre- paring for exploration beyond low-Earth orbit, as determined by joint agreement between the organization with which the Administrator en- ters into a cooperative agreement under sub- section (a) and the official or employee des- ignated under subsection (b). (3) Research priorities and enhanced capacity The organization with which the Adminis- trator enters into the cooperative agreement shall consider recommendations of the Na- tional Academies Decadal Survey on Biologi- cal and Physical Sciences in Space in estab- lishing research priorities and in developing proposed enhancements of research capacity and opportunities for the ISS national labora- tory. (4) Responsibility for research payload NASA shall retain its roles and responsibil- ities in providing research payload physical, analytical, and operations integration during pre-flight, post-flight, transportation, and or- bital phases essential to ensure safe and effec- tive flight readiness and vehicle integration of research activities approved and prioritized by the organization with which the Adminis- trator enters into the cooperative agreement and the official or employee designated under subsection (b). (Pub. L. 111–267, title V, § 504, Oct. 11, 2010, 124 Stat. 2825; Pub. L. 114–90, title I, § 114(b)(3), Nov. 25, 2015, 129 Stat. 716; Pub. L. 117–167, div. B, title VII, § 10815(c), Aug. 9, 2022, 136 Stat. 1738.) Editorial Notes CODIFICATION In subsec. (c)(3), ‘‘section 70906 of title 51’’ substituted for ‘‘section 602 of the National Aeronautics and Space Administration Authorization Act of 2008 (42 U.S.C. 17752)’’ on authority of Pub. L. 111–314, § 5(e), Dec. 18, 2010, 124 Stat. 3443, which Act enacted Title 51, National and Commercial Space Programs. AMENDMENTS 2022—Subsec. (d)(1). Pub. L. 117–167, § 10815(c)(1), sub- stituted ‘‘The ISS’’ for ‘‘As soon as practicable after October 11, 2010, but not later than October 1, 2011, ISS’’ and ‘‘September 30, 2030’’ for ‘‘September 30, 2024’’. Subsec. (d)(2). Pub. L. 117–167, § 10815(c)(2), substituted ‘‘September 30, 2030’’ for ‘‘September 30, 2024’’. 2015—Subsec. (d)(1), (2). Pub. L. 114–90 substituted ‘‘at least September 30, 2024’’ for ‘‘September 30, 2020’’. SUBCHAPTER V—SPACE SHUTTLE RETIREMENT AND TRANSITION § 18361. Sense of Congress on the Space Shuttle program (a) Findings Congress makes the following findings: (1) The Space Shuttle program represents a national asset consisting of critical skills and capabilities, including the ability to lift large payloads into space and return them to Earth. (2) The Space Shuttle has carried more than 355 people from 16 nations into space. (3) The Space Shuttle has projected the best of American values around the world, and Space Shuttle crews have sparked the imagi- nation and dreams of the world’s youth and young at heart. (b) Sense of Congress It is the sense of Congress that— (1) it is essential that the retirement of the Space Shuttle and the transition to new human space flight capabilities be done in a manner that builds upon the legacy of this na- tional asset; and (2) it is imperative for the United States to retain the skills and the industrial capability to provide a follow-on Space Launch System that is primarily designed for missions beyond near-Earth space, while offering some poten- tial for supplanting shuttle delivery capabili- ties to low-Earth orbit, particularly in support of ISS requirements, if necessary. (Pub. L. 111–267, title VI, § 601, Oct. 11, 2010, 124 Stat. 2828.) § 18362. Retirement of Space Shuttle orbiters and transition of Space Shuttle program (a) In general The Administrator shall retire the Space Shuttle orbiters pursuant to a schedule estab- lished by the Administrator and in a manner consistent with provisions of this chapter re- garding potential requirements for contingency utilization of Space Shuttle orbiters for ISS re- quirements. (b) Utilization of workforce and assets in follow- on Space Launch System (1) Utilization of vehicle assets In carrying out subsection (a), the Adminis- trator shall, to the maximum extent prac- ticable, utilize workforce, assets, and infra- structure of the Space Shuttle program in ef- forts relating to the initiation of a follow-on Space Launch System developed pursuant to section 18322 of this title. (2) Other assets With respect to the workforce, assets, and infrastructure not utilized as described in paragraph (1), the Administrator shall work closely with other departments and agencies