Page 8373 TITLE 42—THE PUBLIC HEALTH and WELFARE § 18363

Page 8373 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18363

SUBCHAPTER V—SPACE SHUTTLE available for activities pursuant to this para- RETIREMENT AND TRANSITION graph. § 18361. Sense of Congress on the Space Shuttle (Pub. L. 111–267, title VI, § 602, Oct. 11, 2010, 124 program Stat. 2828.) (a) Findings REFERENCES IN TEXT Congress makes the following findings: Section 101(2)(B), referred to in subsec. (b)(2), is Pub. (1) The Space Shuttle program represents a L. 111–267, title I, § 101(2)(B), Oct. 11, 2010, 124 Stat. 2809, national asset consisting of critical skills and which is not classified to the Code. capabilities, including the ability to lift large § 18363. Disposition of orbiter vehicles payloads into space and return them to Earth. (2) The Space Shuttle has carried more than (a) In general 355 people from 16 nations into space. Upon the termination of the Space Shuttle (3) The Space Shuttle has projected the best program as provided in section 18362 of this of American values around the world, and title, the Administrator shall decommission any Space Shuttle crews have sparked the imagi- remaining Space Shuttle orbiter vehicles ac- nation and dreams of the world’s youth and cording to established safety and historic pres- young at heart. ervation procedures prior to their designation as (b) Sense of Congress surplus government property. The orbiter vehicles shall be made available and located for dis- It is the sense of Congress that— play and maintenance through a competitive (1) it is essential that the retirement of the procedure established pursuant to the disposi- Space Shuttle and the transition to new tion plan developed under section 613(a) of the human space flight capabilities be done in a National Aeronautics and Space Administration manner that builds upon the legacy of this na- Authorization Act of 2008 (42 U.S.C. 17761(a)),1 tional asset; and with priority consideration given to eligible ap- (2) it is imperative for the United States to plicants meeting all conditions of that plan retain the skills and the industrial capability which would provide for the display and mainte- to provide a follow-on Space Launch System nance of orbiters at locations with the best po- that is primarily designed for missions beyond tential value to the public, including where the near-Earth space, while offering some poten- location of the orbiters can advance educational tial for supplanting shuttle delivery capabili- opportunities in science, technology, engineer- ties to low-Earth orbit, particularly in support ing, and mathematics disciplines, and with an of ISS requirements, if necessary. historical relationship with either the launch, (Pub. L. 111–267, title VI, § 601, Oct. 11, 2010, 124 flight operations, or processing of the Space Stat. 2828.) Shuttle orbiters or the retrieval of NASA manned space vehicles, or significant contribu- § 18362. Retirement of Space Shuttle orbiters and tions to human space flight. The Smithsonian transition of Space Shuttle program Institution, which, as of October 11, 2001, houses (a) In general the Space Shuttle Enterprise, shall determine The Administrator shall retire the Space any new location for the Enterprise. Shuttle orbiters pursuant to a schedule estab- (b) Display and maintenance lished by the Administrator and in a manner The orbiter vehicles made available under sub- consistent with provisions of this chapter re- section (a) shall be displayed and maintained garding potential requirements for contingency through agreements and procedures established utilization of Space Shuttle orbiters for ISS re- pursuant to section 613(a) of the National Aero- quirements. nautics and Space Administration Authoriza- (b) Utilization of workforce and assets in follow- tion Act of 2008 (42 U.S.C. 17761(a)).1 on Space Launch System (c) Authorization of appropriations (1) Utilization of vehicle assets There are authorized to be appropriated to In carrying out subsection (a), the Adminis- NASA such sums as may be necessary to carry trator shall, to the maximum extent prac- out this section. The amounts authorized to be ticable, utilize workforce, assets, and infra- appropriated by this subsection shall be in addi- structure of the Space Shuttle program in ef- tion to any amounts authorized to be appro- forts relating to the initiation of a follow-on priated by title I, and may be requested by the Space Launch System developed pursuant to President as supplemental requirements, if section 18322 of this title. needed, in the appropriate fiscal years. (2) Other assets (Pub. L. 111–267, title VI, § 603, Oct. 11, 2010, 124 With respect to the workforce, assets, and Stat. 2829.) infrastructure not utilized as described in REFERENCES IN TEXT paragraph (1), the Administrator shall work closely with other departments and agencies Section 613(a) of the National Aeronautics and Space of the Federal Government, and the private Administration Authorization Act of 2008, referred to in subsecs. (a) and (b), is section 613(a) of Pub. L. sector, to divest unneeded assets and to assist 110–422, formerly classified to section 17761(a) of this displaced workers with retraining and other title, which was transferred and is set out as a note placement efforts. Amounts authorized to be under section 70501 of Title 51, National and Commer- appropriated by section 101(2)(B) 1 shall be cial Space Programs.

1 See References in Text note below. 1 See References in Text note below. § 18371 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 8374

Title I, referred to in subsec. (c), is title I of Pub. L. cost and schedule challenges associated with 111–267, Oct. 11, 2010, 124 Stat. 2809, which is not classi- large flight systems, NASA should pursue small- fied to the Code. er systems where practicable and warranted. SUBCHAPTER VI—EARTH SCIENCE (Pub. L. 111–267, title VII, § 706, Oct. 11, 2010, 124 Stat. 2831.) § 18371. Interagency collaboration implementation approach SUBCHAPTER VII—SPACE SCIENCE

The Director of OSTP shall establish a mecha- § 18381. Technology development nism to ensure greater coordination of the research, operations, and activities relating to ci- The Administrator shall ensure that the vilian Earth observation of those Agencies, in- Science Mission Directorate maintains a long cluding NASA, that have active programs that term technology development program for space either contribute directly or indirectly to these and Earth science. This effort should be coordi- areas. This mechanism should include the devel- nated with an overall Agency technology invest- opment of a strategic implementation plan that ment approach, as authorized in section 905 of is updated at least every 3 years, and includes a this Act. process for external independent advisory input. (Pub. L. 111–267, title VIII, § 801, Oct. 11, 2010, 124 This plan should include a description of the re- Stat. 2832.) sponsibilities of the various Agency roles in Earth observations, recommended cost-sharing REFERENCES IN TEXT and procurement arrangements between Agen- Section 905 of this Act, referred to in text, is Pub. L. cies and other entities, including international 111–267, title IX, § 905, Oct. 11, 2010, 124 Stat. 2836, which arrangements, and a plan for ensuring the provi- is not classified to the Code. sion of sustained, long term space-based climate observations. The Director shall provide a re- § 18382. Suborbital research activities port to Congress within 90 days after October 11, (a) In general 2010, on the implementation plan for this mechanism. The report of the National Academy of Sci- ences, Revitalizing NASA’s Suborbital Program: (Pub. L. 111–267, title VII, § 702, Oct. 11, 2010, 124 Advancing Science, Driving Innovation and De- Stat. 2830.) veloping Workforce, found that suborbital science missions were absolutely critical to § 18372. Transitioning experimental research to building an aerospace workforce capable of operations meeting the needs of current and future human The Administrator shall coordinate with the and robotic space exploration. Administrator of NOAA and the Director of the (b) Management United States Geological Survey to establish a formal mechanism that plans, coordinates, and The Administrator shall designate an officer supports the transitioning of NASA research or employee of the Science Mission Directorate findings, assets, and capabilities to NOAA oper- to act as the responsible official for all Sub- ations and United States Geological Survey op- orbital Research in the Science Mission Direc- erations. In defining this mechanism, NASA torate. The designee shall be responsible for the should consider the establishment of a formal or development of short- and long term strategic informal Interagency Transition Office. The Ad- plans for maintaining, renewing and extending ministrator of NASA shall provide an implemen- suborbital facilities and capabilities, monitoring tation plan for this mechanism to Congress progress towards goals in the plans, and be re- within 90 days after October 11, 2010. sponsible for integration of suborbital activities and workforce development within the agency, (Pub. L. 111–267, title VII, § 703, Oct. 11, 2010, 124 thereby ensuring the long term recognition of Stat. 2830.) their combined value to the directorate, to NASA, and to the Nation. § 18373. Decadal Survey missions implementation for Earth observation (c) Establishment of Suborbital Research Pro- gram The Administrator shall undertake to imple- ment, as appropriate, missions identified in the The Administrator shall establish a Sub- National Research Council’s Earth Science orbital Research Program within the Science Decadal Survey within the scope of the funds Mission Directorate that shall include the use of authorized for the Earth Science Mission Direc- sounding rockets, aircraft, high altitude bal- torate. loons, suborbital reusable launch vehicles, and commercial launch vehicles to advance science (Pub. L. 111–267, title VII, § 704, Oct. 11, 2010, 124 and train the next generation of scientists and Stat. 2831.) engineers in systems engineering and systems integration which are vital to maintaining criti- § 18374. Instrument test-beds and venture class cal skills in the aerospace workforce. The pro- missions gram shall integrate existing suborbital re- The Administrator shall pursue innovative search programs with orbital missions at the ways to fly instrument-level payloads for early discretion of the designated officer or employee demonstration or as co-manifested payloads. and shall emphasize the participation of under- The Congress encourages the use of the ISS as graduate and graduate students and post-doc- an accessible platform for the conduct of such toral researchers when formulating announce- activities. Additionally, in order to address the ments of opportunity.