42 U.S.C. § 18313 — Assurance of core capabilities

Page 9148 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18312 1 So in original. Probably should be ‘‘century.’’ 1 So in original. Probably should be followed by a period. Editorial Notes CODIFICATION In subsec. (b), ‘‘section 70501(a) of title 51’’ sub- stituted for ‘‘section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16761(a))’’ 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 2017—Subsec. (a). Pub. L. 115–10 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘It is the policy of the United States that reliance upon and use of non-United States human space flight capabilities shall be undertaken only as a contingency in circumstances where no United States-owned and op- erated human space flight capability is available, oper- ational, and certified for flight by appropriate Federal agencies.’’ § 18312. Goals and objectives (a) Long-term goals The long-term goals of the human space flight and exploration efforts of NASA shall be— (1) to expand permanent human presence be- yond low-Earth orbit and to do so, where prac- tical, in a manner involving international, academic, and industry partners; (2) crewed missions and progress toward achieving the goal in paragraph (1) to enable the potential for subsequent human explo- ration and the extension of human presence throughout the solar system; and (3) to enable a capability to extend human presence, including potential human habi- tation on another celestial body and a thriving space economy in the 21st Century.1 (b) Key objectives The key objectives of the United States for human expansion into space shall be— (1) to sustain the capability for long-dura- tion presence in low-Earth orbit, initially through continuation of the ISS and full utili- zation of the United States segment of the ISS as a National Laboratory, and through assist- ing and enabling an expanded commercial presence in, and access to, low-Earth orbit, as elements of a low-Earth orbit infrastructure; (2) to determine if humans can live in an ex- tended manner in space with decreasing reli- ance on Earth, starting with utilization of low-Earth orbit infrastructure, to identify po- tential roles that space resources such as en- ergy and materials may play, to meet national and global needs and challenges, such as po- tential cataclysmic threats, and to explore the viability of and lay the foundation for sustain- able economic activities in space; (3) to maximize the role that human explo- ration of space can play in advancing overall knowledge of the universe, supporting United States national and economic security and the United States global competitive posture, and inspiring young people in their educational pursuits; (4) to build upon the cooperative and mutu- ally beneficial framework established by the ISS partnership agreements and experience in developing and undertaking programs and meeting objectives designed to realize the goal of human space flight set forth in subsection (a); and (5) to achieve human exploration of Mars and beyond through the prioritization of those technologies and capabilities best suited for such a mission in accordance with the step- ping stone approach to exploration under sec- tion 70504 of title 51. (Pub. L. 111–267, title II, § 202, Oct. 11, 2010, 124 Stat. 2812; Pub. L. 115–10, title IV, §§ 411, 412, Mar. 21, 2017, 131 Stat. 33.) Editorial Notes AMENDMENTS 2017—Subsec. (a). Pub. L. 115–10, § 411, amended sub- sec. (a) generally. Prior to amendment, text read as fol- lows: ‘‘The long term goal of the human space flight and exploration efforts of NASA shall be to expand per- manent human presence beyond low-Earth orbit and to do so, where practical, in a manner involving inter- national partners.’’ Subsec. (b)(5). Pub. L. 115–10, § 412, added par. (5). § 18313. Assurance of core capabilities (a) Sense of Congress It is the sense of Congress that— (1) the ISS, technology developments, the current Space Shuttle program, and follow-on transportation systems authorized by this chapter form the foundation of initial capa- bilities for missions beyond low-Earth orbit to a variety of lunar and Lagrangian orbital loca- tions; and (2) these initial missions and related capa- bilities should be utilized to provide oper- ational experience, technology development, and the placement and assured use of in-space infrastructure and in-space servicing of exist- ing and future assets. (b) Sense of Congress regarding human space flight capability assurance It is the sense of Congress that the Adminis- trator shall proceed with the utilization of the ISS, technology development, and follow-on transportation systems (including the Space Launch System, multi-purpose crew vehicle, and commercial crew and cargo transportation capa- bilities) under subchapters II and III of this chapter in a manner that ensures— (1) that these capabilities remain inherently complementary and interrelated; (2) a balance of the development, sustainment, and use of each of these capabili- ties, which are of critical importance to the viability and sustainability of the U.S. space program; and (3) that resources required to support the timely and sustainable development of these capabilities authorized in either subchapter II or subchapter III of this chapter are not de- rived from a reduction in resources for the ca- pabilities authorized in the other subchapter. (c) Limitation Nothing in subsection (b) shall apply to or af- fect any capability authorized by any other sub- chapter of this chapter 1 Page 9149 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18322 (Pub. L. 111–267, title II, § 203, Oct. 11, 2010, 124 Stat. 2812; Pub. L. 112–273, § 2, Jan. 14, 2013, 126 Stat. 2454; Pub. L. 115–10, title IV, § 416(a), Mar. 21, 2017, 131 Stat. 34.) Editorial Notes REFERENCES IN TEXT Any other subchapter of this chapter, referred to in subsec. (d), was in the original ‘‘any other title of this Act’’, meaning any other title of Pub.L. 111–267, Oct. 11, 2010, 124 Stat. 2805. In addition to title II which is clas- sified generally to this subchapter, Pub. L. 111–267 con- tains titles III to XII which are classified generally to subchapters II to XI, respectively, of this chapter and titles I and XIII, 126 Stat. 2809, 2846, which are not clas- sified to the Code. AMENDMENTS 2017—Subsec. (b). Pub. L. 115–10, § 416(a)(1), (3), redes- ignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as fol- lows: ‘‘(1) DEVELOPMENT OF FOLLOW-ON SPACE TRANSPOR- TATION SYSTEMS.—The Administrator shall proceed with the development of follow-on space transportation systems in a manner that ensures that the national ca- pability to restart and fly Space Shuttle missions can be initiated if required by the Congress, in an Act en- acted after October 11, 2010, or by a Presidential deter- mination transmitted to the Congress, before the last Space Shuttle mission authorized by this chapter is completed. ‘‘(2) REQUIRED ACTIONS.—In carrying out the require- ment in paragraph (1), the Administrator shall author- ize refurbishment of the manufactured external tank of the Space Shuttle, designated as ET–94, and take all ac- tions necessary to enable its readiness for use in the Space Launch System development as a critical skills and capability retention effort or for test purposes, while preserving the ability to use this tank if needed for an ISS contingency if deemed necessary under para- graph (1).’’ Subsecs. (c), (d). Pub. L. 115–10, § 416(a)(2), (3), sub- stituted ‘‘subsection (b)’’ for ‘‘subsection (c)’’ in subsec. (d) and redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b). 2013—Subsecs. (c), (d). Pub. L. 112–273 added subsecs. (c) and (d). SUBCHAPTER II—EXPANSION OF HUMAN SPACE FLIGHT BEYOND THE INTER- NATIONAL SPACE STATION AND LOW- EARTH ORBIT § 18321. Human space flight beyond low-Earth orbit (a) Findings Congress makes the following findings: (1) The extension of the human presence from low-Earth orbit to other regions of space beyond low-Earth orbit will enable missions to the surface of the Moon and missions to deep space destinations such as near-Earth aster- oids and Mars. (2) The regions of cis-lunar space are acces- sible to other national and commercial launch capabilities, and such access raises a host of national security concerns and economic im- plications that international human space en- deavors can help to address. (3) The ability to support human missions in regions beyond low-Earth orbit and on the sur- face of the Moon can also drive developments in emerging areas of space infrastructure and technology. (4) Developments in space infrastructure and technology can stimulate and enable increased space applications, such as in-space servicing, propellant resupply and transfer, and in situ resource utilization, and open opportunities for additional users of space, whether na- tional, commercial, or international. (5) A long term objective for human explo- ration of space should be the eventual inter- national exploration of Mars. (6) Future international missions beyond low-Earth orbit should be designed to incor- porate capability development and avail- ability, affordability, and international con- tributions. (7) Human space flight and future explo- ration beyond low-Earth orbit should be based around a pay-as-you-go approach. Require- ments in new launch and crew systems author- ized in this chapter should be scaled to the minimum necessary to meet the core national mission capability needed to conduct cis-lunar missions. These initial missions, along with the development of new technologies and in- space capabilities can form the foundation for missions to other destinations. These initial missions also should provide operational expe- rience prior to the further human expansion into space. (b) Report on international collaboration (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 following assets and capabilities: (A) Any effort by NASA to expand and en- sure effective international collaboration on the ISS. (B) The efforts of NASA, including its ap- proach and progress, in defining near-term, cis-lunar space human missions. (2) NASA contributions In preparing the report required by para- graph (1), the Administrator shall assume that NASA will contribute to the efforts described in that paragraph the following: (A) A Space Launch System. (B) A multi-purpose crew vehicle. (C) Such other technology elements the Administrator may consider appropriate, and which the Administrator shall specifi- cally identify in the report. (Pub. L. 111–267, title III, § 301, Oct. 11, 2010, 124 Stat. 2813.) § 18322. Space Launch System as follow-on launch vehicle to the Space Shuttle (a) United States policy It is the policy of the United States that NASA develop a Space Launch System as a fol- low-on to the Space Shuttle that can access cis- lunar space and the regions of space beyond low- Earth orbit in order to enable the United States to participate in global efforts to access and de- velop this increasingly strategic region. (b) Initiation of development (1) In general The Administrator shall, as soon as prac- ticable after October 11, 2010, initiate develop-