42 U.S.C. § 18351 — Continuation of the International Space

Page 9153 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18351 1 See References in Text note below. cargo transportation systems and capabilities, including an assessment of the activities asso- ciated with potential private sector utilization of the ISS research and technology develop- ment capabilities and other potential activi- ties in low-Earth orbit. (3) Procurement system review The Administrator shall review current Gov- ernment procurement and acquisition prac- tices and processes, including agreement au- thorities under the National Aeronautics and Space Act of 1958,1 to determine the most cost- effective means of procuring commercial crew transportation capabilities and related serv- ices in a manner that ensures appropriate ac- countability, transparency, and maximum ef- ficiency in the procurement of such capabili- ties and services, which review shall include an identification of proposed measures to ad- dress risk management and means of indem- nification of commercial providers of such ca- pabilities and services, and measures for qual- ity control, safety oversight, and the applica- tion of Federal oversight processes within the jurisdiction of other Federal agencies. A de- scription of the proposed procurement process and justification of the proposed procurement for its selection shall be included in any pro- posed initiation of procurement activity for commercially-developed crew transportation capabilities and services and shall be subject to review by the appropriate committees of Congress before the initiation of any competi- tive process to procure such capabilities or services. In support of the review by such com- mittees, the Comptroller General shall under- take an assessment of the proposed procure- ment process and provide a report to the ap- propriate committees of Congress within 90 days after the date on which the Adminis- trator provides the description and justifica- tion to such committees. (4) Use of government-supplied capabilities and infrastructure In evaluating any proposed development ac- tivity for commercially-developed crew or cargo launch capabilities, the Administrator shall identify the anticipated contribution of government personnel, expertise, technologies, and infrastructure to be utilized in support of design, development, or operations of such ca- pabilities. This assessment shall include a clear delineation of the full requirements for the commercial crew service (including the contingency for crew rescue). The Adminis- trator shall include details and associated costs of such support as part of any proposed development initiative for the procurement of commercially-developed crew or cargo launch capabilities or services. (5) Flight demonstration and readiness re- quirements The Administrator shall establish appro- priate milestones and minimum performance objectives to be achieved before authority is granted to proceed to the procurement of com- mercially-developed crew transportation capa- bilities or systems. The guidelines shall in- clude a procedure to provide independent as- surance of flight safety and flight readiness before the authorization of United States gov- ernment personnel to participate as crew on- board any commercial launch vehicle devel- oped pursuant to this section. (6) Commercial crew rescue capabilities The provision of a commercial capability to provide ISS crew services shall include crew rescue requirements, and shall be undertaken through the procurement process initiated in conformance with this section. In the event such development is initiated, the Adminis- trator shall make available any relevant gov- ernment-owned intellectual property deriving from the development of a multi-purpose crew vehicle authorized by this chapter to commer- cial entities involved with such crew rescue capability development which shall be rel- evant to the design of a crew rescue capa- bility. In addition, the Administrator shall seek to ensure that contracts for development of the multi-purpose crew vehicle contain pro- visions for the licensing of relevant intellec- tual property to participating commercial pro- viders of any crew rescue capability develop- ment undertaken pursuant to this section. If one or more contractors involved with devel- opment of the multi-purpose crew vehicle seek to compete in development of a commercial crew service with crew rescue capability, sepa- rate legislative authority must be enacted to enable the Administrator to provide funding for any modifications of the multi-purpose crew vehicle necessary to fulfill the ISS crew rescue function. (Pub. L. 111–267, title IV, § 403, Oct. 11, 2010, 124 Stat. 2820.) Editorial Notes REFERENCES IN TEXT The National Aeronautics and Space Act of 1958, re- ferred to in subsec. (b)(3), is Pub. L. 85–568, July 29, 1958, 72 Stat. 426, which was classified principally to chapter 26 (§ 2451 et seq.) of this title and was substantially re- pealed and restated as chapter 201 (§ 20101 et seq.) of Title 51, National and Commercial Space Programs, by Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444. For complete classification of this Act to the Code, see Short Title of 1958 Act note set out under section 10101 of Title 51 and Tables. SUBCHAPTER IV—CONTINUATION, SUP- PORT, AND EVOLUTION OF THE INTER- NATIONAL SPACE STATION § 18351. Continuation of the International Space Station (a) Policy of the United States It shall be the policy of the United States, in consultation with its international partners in the ISS program, to support full and complete utilization of the ISS through at least Sep- tember 30, 2030. (b) NASA action In furtherance of the policy set forth in sub- section (a), NASA shall— (1) pursue international, commercial, and intragovernmental means to maximize ISS lo- Page 9154 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18352 1 See References in Text note below. gistics supply, maintenance, and operational capabilities, reduce risks to ISS systems sus- tainability, and offset and minimize United States operations costs relating to the ISS; (2) utilize, to the extent practicable, the ISS for the development of capabilities and tech- nologies needed for the future of human space exploration beyond low-Earth orbit; and (3) utilize, if practical and cost effective, the ISS for Science Mission Directorate missions in low-Earth orbit. (Pub. L. 111–267, title V, § 501, Oct. 11, 2010, 124 Stat. 2822; Pub. L. 114–90, title I, § 114(b)(1), Nov. 25, 2015, 129 Stat. 715; Pub. L. 115–10, title III, § 301(c), Mar. 21, 2017, 131 Stat. 23; Pub. L. 117–167, div. B, title VII, § 10815(a), Aug. 9, 2022, 136 Stat. 1737.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–167 substituted ‘‘Sep- tember 30, 2030’’ for ‘‘2024’’. 2017—Pub. L. 115–10 amended section generally. Prior to amendment, section read as follows: ‘‘(a) POLICY OF THE UNITED STATES.—It shall be the policy of the United States, in consultation with its international partners in the ISS program, to support full and complete utilization of the ISS through at least 2024. ‘‘(b) NASA ACTIONS.—In furtherance of the policy set forth in subsection (a), NASA shall pursue inter- national, commercial, and intragovernmental means to maximize ISS logistics supply, maintenance, and oper- ational capabilities, reduce risks to ISS systems sus- tainability, and offset and minimize United States op- erations costs relating to the ISS.’’ 2015—Pub. L. 114–90, § 114(b)(1)(A), struck out ‘‘through 2020’’ after ‘‘Station’’ in section catchline. Subsec. (a). Pub. L. 114–90, § 114(b)(1)(B), substituted ‘‘through at least 2024’’ for ‘‘through at least 2020’’. § 18352. Maximum utilization of the International Space Station (a) In general With assembly of the ISS complete, NASA shall take steps to maximize the productivity and use of the ISS with respect to scientific and technological research and development, ad- vancement of space exploration, and inter- national collaboration. (b) NASA actions In carrying out subsection (a), NASA shall, at a minimum, undertake the following: (1) Innovative use of U.S. segment The United States segment of the ISS, which has been designated as a National Laboratory, shall be developed, managed and utilized in a manner that enables the effective and innova- tive use of such facility, as provided in section 18354 of this title. (2) International cooperation The ISS shall continue to be utilized as a key component of international efforts to build missions and capabilities that further the development of a human presence beyond near-Earth space and advance United States security and economic goals. The Adminis- trator shall actively seek ways to encourage and enable the use of ISS capabilities to sup- port these efforts. (3) Domestic collaboration The operations, management, and utiliza- tion of the ISS shall be conducted in a manner that provides opportunities for collaboration with other research programs and objectives of the United States Government in coopera- tion with commercial suppliers, users, and de- velopers. (Pub. L. 111–267, title V, § 502, Oct. 11, 2010, 124 Stat. 2823.) § 18353. Maintenance of the United States seg- ment and assurance of continued operations of the International Space Station (a) In general The Administrator shall take all actions nec- essary to ensure the safe and effective oper- ation, maintenance, and maximum utilization of the United States segment of the ISS through at least September 30, 2030. (b) Vehicle and component review (1) In general The Administrator shall, as soon as is prac- ticable after October 11, 2010, carry out a com- prehensive assessment of the essential mod- ules, operational systems and components, structural elements, and permanent scientific equipment on board or planned for delivery and installation aboard the ISS, including both United States and international partner elements, for purposes of identifying the spare or replacement modules, systems and compo- nents, elements, and equipment that are re- quired to ensure complete, effective, and safe functioning and full scientific utilization of the ISS through September 30, 2020.1 (2) Data In carrying out the assessment, the Admin- istrator shall assemble any existing data, and provide for the development of any data or analysis not currently available, that is nec- essary for purposes of the assessment. (c) Reports (1) Report on assessment (A) Report required Not later than 90 days after October 11, 2010, the Administrator shall submit to the appropriate committees of Congress a report on the assessment required by subsection (b). (B) Elements The report required by this paragraph shall include, at minimum, the following: (i) A description of the spare or replace- ment modules, systems and components, elements, and equipment identified pursu- ant to the assessment that are currently produced, in inventory, or on order, a de- scription of the state of their readiness, and a schedule for their delivery to the ISS (including the planned transportation means for such delivery), including for each such module, system or component, element, or equipment a description of—