42 U.S.C. § 18353 — Maintenance of the United States seg-

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— Page 9155 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18353 (I) its specifications, including size, weight, and necessary configuration for launch and delivery to the ISS; (II) its function; (III) its location; and (IV) its criticality for ISS system in- tegrity. (ii) A description of the spare or replace- ment modules, systems and components, elements, and equipment identified pursu- ant to the assessment that are not cur- rently produced, in inventory, or on order, including for each such module, system or component, element, or equipment a de- scription of— (I) its specifications, including size, weight, and necessary configuration for launch and delivery to the ISS; (II) its function; (III) its location; (IV) its criticality for ISS system in- tegrity; and (V) the anticipated cost and schedule for its design, procurement, manufac- ture, and delivery to the ISS. (iii) A detailed summary of the delivery schedule and associated delivery vehicle requirements necessary to transport all spare and replacement elements consid- ered essential for the ongoing and sus- tained functionality of all critical systems of the ISS, both in and of themselves and as an element of an integrated, mutually dependent essential capability, including an assessment of the current schedule for delivery, the availability of delivery vehi- cles to meet that schedule, and the likeli- hood of meeting that schedule through such vehicles. (2) GAO report (A) Report required Not later than 90 days after the submittal to Congress under paragraph (1) of the as- sessment required by subsection (b), the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the assessment. The report shall set forth an evaluation of the assessment by the Comptroller General, in- cluding an evaluation of the accuracy and level of confidence in the findings of the as- sessment. (B) Cooperation with GAO The Administrator shall provide for the monitoring and participation of the Comp- troller General in the assessment in a man- ner that permits the Comptroller General to prepare and submit the report required by subparagraph (A). (d) Utilization of research facilities and capabili- ties Utilization of research facilities and capabili- ties aboard the ISS (other than exploration-re- lated research and technology development fa- cilities and capabilities, and associated ground support and logistics), shall be planned, man- aged, and supported as provided in section 18354 of this title. Exploration-related research and technology development facilities, capabilities, and associated ground support and logistics shall be planned, managed, and supported by the appropriate NASA organizations and officials in a manner that does not interfere with other ac- tivities under section 18354 of this title. (e) Space Shuttle mission to ISS (1) Space Shuttle mission The Administrator shall fly the Launch-On- Need Shuttle mission currently designated in the Shuttle Flight Manifest dated February 28, 2010, to the ISS in fiscal year 2011, but no earlier than June 1, 2011, unless required ear- lier by an operations contingency, and pending the results of the assessment required by para- graph (2) and the determination under para- graph (3)(A). (2) Assessment of safe means of return The Administrator shall provide for an as- sessment by the NASA Engineering and Safety Center of the procedures and plans developed to ensure the safety of the Space Shuttle crew, and alternative means of return, in the event the Space Shuttle is damaged or otherwise un- able to return safely to Earth. (3) Schedule and payload The determination of the schedule and pay- load for the mission authorized by paragraph (1) shall take into account the following: (A) The supply and logistics delivery re- quirements of the ISS. (B) The findings of the study required by paragraph (2). (4) Funds Amounts authorized to be appropriated by section 101(2)(B) 1 shall be available for the mission authorized by paragraph (1). (f) Space Shuttle manifest flight assurance (1) In general The Administrator shall take all actions necessary to preserve Space Shuttle launch capability through fiscal year 2011 in a manner that enables the launch, at a minimum, of missions and primary payloads in the Shuttle flight manifest as of February 28, 2010. (2) Continuation of contractor support The Administrator may not terminate any contract that provides the system transitions necessary for shuttle-derived hardware to be used on either the multi-purpose crew vehicle described in section 18323 of this title or the Space Launch System described in section 18322 of this title. (Pub. L. 111–267, title V, § 503, Oct. 11, 2010, 124 Stat. 2823; Pub. L. 114–90, title I, § 114(b)(2), Nov. 25, 2015, 129 Stat. 716; Pub. L. 117–167, div. B, title VII, § 10815(b), Aug. 9, 2022, 136 Stat. 1737.) Editorial Notes REFERENCES IN TEXT Reference to September 30, 2020, referred to in subsec. (b)(1), was not amended by section 114(b) of Pub. L. 114–90, which substituted references to ‘‘2024’’ for ref- erences to ‘‘2020’’ in other provisions throughout this subchapter. See also section 70907 of Title 51, National 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