42 U.S.C. § 18326 — Development of technologies and in-

Page 9151 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18326 (2) associated testing facilities, either in being or under construction as of October 11, 2010. (b) Discharge of requirements In meeting the requirements of subsection (a), the Administrator— (1) shall, to the extent practicable, utilize ground-based manufacturing capability, ground testing activities, launch and oper- ations infrastructure, and workforce expertise; (2) shall, to the extent practicable, minimize the modification and development of ground infrastructure and maximize the utilization of existing software, vehicle, and mission oper- ations processes; (3) shall complete construction and activa- tion of the A–3 test stand with a completion goal of September 30, 2013; (4) may procure, develop, and flight test ap- plicable components; and (5) shall take appropriate actions to ensure timely and cost-effective development of the Space Launch System and the multi-purpose crew vehicle, including the use of a procure- ment approach that incorporates adequate and effective oversight, the facilitation of con- tractor efficiencies, and the stream-lining of contract and procurement requirements. (Pub. L. 111–267, title III, § 304, Oct. 11, 2010, 124 Stat. 2816.) § 18325. NASA launch support and infrastructure modernization program (a) In general The Administrator shall carry out a program the primary purpose of which is to prepare infra- structure at the Kennedy Space Center that is needed to enable processing and launch of the Space Launch System. Vehicle interfaces and other ground processing and payload integration areas should be simplified to minimize overall costs, enhance safety, and complement the pur- pose of this section. (b) Elements The program required by this section shall in- clude— (1) investments to improve civil and na- tional security operations at the Kennedy Space Center, to enhance the overall capabili- ties of the Center, and to reduce the long term cost of operations and maintenance; (2) measures to provide multi-vehicle sup- port, improvements in payload processing, and partnering at the Kennedy Space Center; and (3) such other measures, including invest- ments to improve launch infrastructure at NASA flight facilities scheduled to launch cargo to the ISS under the commercial orbital transportation services program as the Ad- ministrator may consider appropriate. (c) Report on NASA launch support and infra- structure modernization program (1) Report required Not later than 120 days after October 11, 2010, the Administrator shall submit to the appro- priate committees of Congress a report on the plan for the implementation of the NASA launch support and infrastructure moderniza- tion program. (2) Elements The report required by this subsection shall include— (A) a description of the ground infrastruc- ture plan tied to the Space Launch System and potential ground investment activities at other NASA centers related to supporting the development of the Space Launch Sys- tem; (B) a description of proposed initiatives in- tended to be conducted jointly or in coopera- tion with Cape Canaveral Air Force Station, Florida, or other installations or compo- nents of the United States Government; and (C) a description of plans to use funds au- thorized to be appropriated by this chapter to improve non-NASA facilities, which plans shall include a business plan outlining the nature and scope of investments planned by other parties. (Pub. L. 111–267, title III, § 305, Oct. 11, 2010, 124 Stat. 2817.) § 18326. Development of technologies and in- space capabilities for beyond near-Earth space missions (a) Development authorized The Administrator may initiate activities to develop the following: (1) Technologies identified as necessary ele- ments of missions beyond low-Earth orbit. (2) In-space capabilities such as refueling and storage technology, orbital transfer stages, innovative in-space propulsion tech- nology, communications, and data manage- ment that facilitate a broad range of users (in- cluding military and commercial) and applica- tions defining the architecture and design of such missions. (3) Spacesuit development and associated life support technology. (4) Flagship missions. (b) Investments In developing technologies and capabilities under subsection (a), the Administrator may make investments— (1) in space technologies such as advanced propulsion, propellant depots, in situ resource utilization, and robotic payloads or capabili- ties that enable human missions beyond low- Earth orbit ultimately leading to Mars; (2) in a space-based transfer vehicle includ- ing these technologies with an ability to con- duct space-based operations that provide capa- bilities— (A) to integrate with the Space Launch System and other space-based systems; (B) to provide opportunities for in-space servicing of and delivery to multiple space- based platforms; and (C) to facilitate international efforts to ex- pand human presence to deep space destina- tions; (3) in advanced life support technologies and capabilities; (4) in technologies and capabilities relating to in-space power, propulsion, and energy sys- tems; Page 9152 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18327 (5) in technologies and capabilities relating to in-space propellant transfer and storage; (6) in technologies and capabilities relating to in situ resource utilization; and (7) in expanded research to understand the greatest biological impediments to human deep space missions, especially the radiation challenge. (c) Utilization of ISS as testbed The Administrator may utilize the ISS as a testbed for any technology or capability devel- oped under subsection (a) in a manner con- sistent with the provisions of this chapter. (d) Coordination The Administrator shall coordinate develop- ment of technologies and capabilities under this section through an overall agency technology approach, as authorized by section 905 of this Act. (Pub. L. 111–267, title III, § 308, Oct. 11, 2010, 124 Stat. 2818.) Editorial Notes REFERENCES IN TEXT Section 905 of this Act, referred to in subsec. (d), is Pub. L. 111–267, title IX, § 905, Oct. 11, 2010, 124 Stat. 2836, which is not classified to the Code. § 18327. Report requirement Within 90 days after October 11, 2010, or upon completion of reference designs for the Space Launch System and Multi-purpose Crew Vehicle authorized by this chapter, whichever occurs first, the Administrator shall provide a detailed report to the appropriate committees of Con- gress that provides an overall description of the reference vehicle design, the assumptions, de- scription, data, and analysis of the systems trades and resolution process, justification of trade decisions, the design factors which imple- ment the essential system and vehicle capa- bility requirements established by this chapter, the explanation and justification of any devi- ations from those requirements, the plan for uti- lization of existing contracts, civil service and contract workforce, supporting infrastructure utilization and modifications, and procurement strategy to expedite development activities through modification of existing contract vehi- cles, and the schedule of design and development milestones and related schedules leading to the accomplishment of operational goals established by this chapter. The Administrator shall provide an update of this report as part of the Presi- dent’s annual Budget Request. (Pub. L. 111–267, title III, § 309, Oct. 11, 2010, 124 Stat. 2819.) SUBCHAPTER III—DEVELOPMENT AND USE OF COMMERCIAL CREW AND CARGO TRANSPORTATION CAPABILITIES § 18341. Commercial Cargo Development pro- gram The Administrator shall continue to support the existing Commercial Resupply Services pro- gram, aimed at enabling the commercial space industry in support of NASA to develop reliable means of launching cargo and supplies to the ISS throughout the duration of the facility’s op- eration. The Administrator may apply funds to- wards the reduction of risk to the timely start of these services, specifically— (1) efforts to conduct a flight test; (2) accelerate development; and (3) develop the ground infrastructure needed for commercial cargo capability. (Pub. L. 111–267, title IV, § 401, Oct. 11, 2010, 124 Stat. 2820; Pub. L. 115–10, title III, § 302(f), Mar. 21, 2017, 131 Stat. 26.) Editorial Notes AMENDMENTS 2017—Pub. L. 115–10 substituted ‘‘Commercial Resup- ply Services’’ for ‘‘Commercial Orbital Transportation Services’’ in introductory provisions. § 18342. Requirements applicable to development of commercial crew transportation capabili- ties and services (a) FY 2011 contracts and procurement agree- ments (1) In general Except as provided in paragraph (2), the Ad- ministrator may not execute a contract or procurement agreement with respect to fol- low-on commercial crew services during fiscal year 2011. (2) Exception Notwithstanding paragraph (1), the Adminis- trator may execute a contract or procurement agreement with respect to follow-on commer- cial crew services during fiscal year 2011 if— (A) the requirements of paragraphs (1), (2), and (3) of subsection (b) are met; and (B) the total amount involved for all such contracts and procurement agreements exe- cuted during fiscal year 2011 does not exceed $50,000,000 for fiscal year 2011. (b) Support The Administrator may, beginning in fiscal year 2012 through the duration of the program, support follow-on commercially-developed crew transportation systems dependent upon the completion of each of the following: (1) Human rating requirements Not later than 60 days after October 11, 2010, the Administrator shall develop and make available to the public detailed human rating processes and requirements to guide the de- sign of commercially-developed crew transpor- tation capabilities, which requirements shall be at least equivalent to proven requirements for crew transportation in use as of October 11, 2010. (2) Commercial market assessment Not later than 180 days after October 11, 2010, the Administrator shall submit to the appro- priate committees of Congress an assessment, conducted, in coordination with the Federal Aviation Administration’s Office of Commer- cial Space Transportation, for purposes of this paragraph, of the potential non-Government market for commercially-developed crew and