42 U.S.C. § 18311 — United States human space flight policy

Page 9147 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18311 1 So in original. Probably should be followed by ‘‘and Tech- nology’’. stated in chapters 305 (§ 30501 et seq.), 401 (§ 40101 et seq.), 603 (§ 60301 et seq.) and 707 (§ 70701 et seq.) and sec- tions 20301, 20302, 30103(a), (b), 30104, 30306, 30703, 30704, 30902, 31301, 31501, 40701, 40904 to 40909, 50505, 50116, 60505, 70501 to 70503, and 70902 to 70905 of Title 51, National and Commercial Space Programs, by Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444. For complete classi- fication of this Act to the Code, see Short Title of 2005 Act note set out under section 10101 of Title 51 and Ta- bles. The National Aeronautics and Space Administration Authorization Act of 2008, referred to in pars. (10) and (12), is Pub. L. 110–422, Oct. 15, 2008, 122 Stat. 4779, which was classified principally to chapter 155 (§ 17701 et seq.) of this title, and was substantially repealed and re- stated as chapters 711 (§ 71101 et seq.) and 713 (§ 71301 et seq.) and sections 20305, 30305, 30310, 31302, 31502 to 31505, 40104, 40311, 40702 to 40704, 40903(d), 50111(b), 60501 to 60504, 60506, 70504 to 70508, 70906, and 70907 of Title 51, National and Commercial Space Programs, by Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444. For com- plete classification of this Act to the Code, see Short Title of 2008 Act note set out under section 10101 of Title 51 and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 111–267, § 1(a), Oct. 11, 2010, 124 Stat. 2805, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘National Aeronautics and Space Adminis- tration Authorization Act of 2010’.’’ § 18302. Definitions In this chapter: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the National Aeronautics and Space Administration. (2) Appropriate committees of Congress The term ‘‘appropriate committees of Con- gress’’ means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science 1 of the House of Representatives. (3) Cis-lunar space The term ‘‘cis-lunar space’’ means the re- gion of space from the Earth out to and in- cluding the region around the surface of the Moon. (4) Deep space The term ‘‘deep space’’ means the region of space beyond cis-lunar space. (5) ISS The term ‘‘ISS’’ means the International Space Station. (6) NASA The term ‘‘NASA’’ means the National Aero- nautics and Space Administration. (7) Near-Earth space The term ‘‘near-Earth space’’ means the re- gion of space that includes low-Earth orbit and extends out to and includes geo-syn- chronous orbit. (8) NOAA The term ‘‘NOAA’’ means the National Oce- anic and Atmospheric Administration. (9) OSTP The term ‘‘OSTP’’ means the Office of Science and Technology Policy. (10) Space Launch System The term ‘‘Space Launch System’’ means the follow-on government-owned civil launch system developed, managed, and operated by NASA to serve as a key component to expand human presence beyond low-Earth orbit. (Pub. L. 111–267, § 3, Oct. 11, 2010, 124 Stat. 2808.) SUBCHAPTER I—POLICY, GOALS, AND OB- JECTIVES FOR HUMAN SPACE FLIGHT AND EXPLORATION § 18311. United States human space flight policy (a) Use of non-United States human space flight transportation services (1) In general The Federal Government may not acquire human space flight transportation services from a foreign entity unless— (A) no United States Government-operated human space flight capability is available; (B) no United States commercial provider is available; and (C) it is a qualified foreign entity. (2) Definitions In this subsection: (A) Commercial provider The term ‘‘commercial provider’’ means any person providing human space flight transportation services, primary control of which is held by persons other than the Fed- eral Government, a State or local govern- ment, or a foreign government. (B) Qualified foreign entity The term ‘‘qualified foreign entity’’ means a foreign entity that is in compliance with all applicable safety standards and is not prohibited from providing space transpor- tation services under other law. (C) United States commercial provider The term ‘‘United States commercial pro- vider’’ means a commercial provider, orga- nized under the laws of the United States or of a State, that is more than 50 percent owned by United States nationals. (3) Arrangements with foreign entities Nothing in this subsection shall prevent the Administrator from negotiating or entering into human space flight transportation ar- rangements with foreign entities to ensure safety of flight and continued ISS operations. (b) United States human space flight capabilities Congress reaffirms the policy stated in section 70501(a) of title 51, that the United States shall maintain an uninterrupted capability for human space flight and operations in low-Earth orbit, and beyond, as an essential instrument of na- tional security and of the capacity to ensure continued United States participation and lead- ership in the exploration and utilization of space. (Pub. L. 111–267, title II, § 201, Oct. 11, 2010, 124 Stat. 2811; Pub. L. 115–10, title III, § 302(d), Mar. 21, 2017, 131 Stat. 25.) 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