Page 8371 TITLE 42—THE PUBLIC HEALTH and WELFARE § 18354 Technology Development Facilities, Capabilities, Section 101(2)(B), Referred to in Subsec

Home , Space Shuttle Enterprise

Page 8371 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18354 technology development facilities, capabilities, Section 101(2)(B), referred to in subsec. (e)(4), is Pub. and associated ground support and logistics L. 111–267, title I, § 101(2)(B), Oct. 11, 2010, 124 Stat. 2809, shall be planned, managed, and supported by the which is not classified to the Code. appropriate NASA organizations and officials in AMENDMENTS a manner that does not interfere with other activities under section 18354 of this title. 2015—Subsec. (a). Pub. L. 114–90, § 114(b)(2)(A), substituted ‘‘through at least September 30, 2024’’ for (e) Space Shuttle mission to ISS ‘‘through at least September 30, 2020’’. (1) Space Shuttle mission Subsec. (b)(1). Pub. L. 114–90, § 114(b)(2)(B), substituted ‘‘The Administrator’’ for ‘‘In carrying out subsection The Administrator shall fly the Launch-On- (a), the Administrator’’. Need Shuttle mission currently designated in the Shuttle Flight Manifest dated February § 18354. Management of the ISS national labora- 28, 2010, to the ISS in fiscal year 2011, but no tory earlier than June 1, 2011, unless required ear- (a) Cooperative agreement with not-for-profit en- lier by an operations contingency, and pending tity for management of national laboratory the results of the assessment required by paragraph (2) and the determination under para- (1) In general graph (3)(A). The Administrator shall provide initial fi- (2) Assessment of safe means of return nancial assistance and enter into a coopera- The Administrator shall provide for an as- tive agreement with an appropriate organiza- sessment by the NASA Engineering and Safety tion that is exempt from taxation under sec- Center of the procedures and plans developed tion 501(c)(3) of title 26 to manage the activi- to ensure the safety of the Space Shuttle crew, ties of the ISS national laboratory in accord- and alternative means of return, in the event ance with this section. the Space Shuttle is damaged or otherwise un- (2) Qualifications able to return safely to Earth. The organization with which the Adminis- (3) Schedule and payload trator enters into the cooperative agreement The determination of the schedule and pay- shall develop the capabilities to implement re- load for the mission authorized by paragraph search and development projects utilizing the (1) shall take into account the following: ISS national laboratory and to otherwise man- (A) The supply and logistics delivery re- age the activities of the ISS national labora- quirements of the ISS. tory. (B) The findings of the study required by (3) Prohibition on other activities paragraph (2). The cooperative agreement shall require the (4) Funds organization entering into the agreement to Amounts authorized to be appropriated by engage exclusively in activities relating to the section 101(2)(B) 1 shall be available for the management of the ISS national laboratory mission authorized by paragraph (1). and activities that promote its long term research and development mission as required (f) Space Shuttle manifest flight assurance by this section, without any other organiza- (1) In general tional objectives or responsibilities on behalf The Administrator shall take all actions of the organization or any parent organization necessary to preserve Space Shuttle launch or other entity. capability through fiscal year 2011 in a manner (b) NASA liaison that enables the launch, at a minimum, of missions and primary payloads in the Shuttle (1) Designation flight manifest as of February 28, 2010. The Administrator shall designate an offi- (2) Continuation of contractor support cial or employee of the Space Operations Mis- sion Directorate of NASA to act as liaison be- The Administrator may not terminate any tween NASA and the organization with which contract that provides the system transitions the Administrator enters into a cooperative necessary for shuttle-derived hardware to be agreement under subsection (a) with regard to used on either the multi-purpose crew vehicle the management of the ISS national labora- described in section 18323 of this title or the tory. Space Launch System described in section 18322 of this title. (2) Consultation with liaison (Pub. L. 111–267, title V, § 503, Oct. 11, 2010, 124 The cooperative agreement shall require the Stat. 2823; Pub. L. 114–90, title I, § 114(b)(2), Nov. organization entering into the agreement to 25, 2015, 129 Stat. 716.) carry out its responsibilities under the agreement in cooperation and consultation with the REFERENCES IN TEXT official or employee designated under para- Reference to September 30, 2020, referred to in subsec. graph (1). (b)(1), was not amended by section 114(b) of Pub. L. (c) Planning and coordination of ISS national 114–90, which substituted references to ‘‘2024’’ for ref- laboratory research activities erences to ‘‘2020’’ in other provisions throughout this subchapter. See also section 70907 of Title 51, National The Administrator shall provide initial finan- and Commercial Space Programs, as amended by sec- cial assistance to the organization with which tion 114(b) of Pub. L. 114–90. the Administrator enters into a cooperative agreement under subsection (a), in order for the 1 See References in Text note below. organization to initiate the following: § 18354 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 8372

(1) Planning and coordination of the ISS na- search capacity, as available. The Adminis- tional laboratory research activities. trator may allocate additional capacity to the (2) Development and implementation of ISS national laboratory should such capacity guidelines, selection criteria, and flight sup- be in excess of NASA research requirements. port requirements for non-NASA scientific utilization of ISS research capabilities and fa- (2) Additional research capabilities cilities available in United States-owned mod- If any NASA research plan is determined to ules of the ISS or in partner-owned facilities require research capacity onboard the ISS be- of the ISS allocated to United States utiliza- yond the percentage allocated under para- tion by international agreement. graph (1), such research plan shall be prepared (3) Interaction with and integration of the in the form of a requested research oppor- International Space Station National Labora- tunity to be submitted to the process estab- tory Advisory Committee established under lished under this section for the consideration section 70906 of title 51 with the governance of of proposed research within the capacity allo- the organization, and review recommendations cated to the ISS national laboratory. A pro- provided by that Committee regarding agree- posal for such a research plan may include the ments with non-NASA departments and agen- establishment of partnerships with non-NASA cies of the United States Government, aca- institutions eligible to propose research to be demic institutions and consortia, and commer- conducted within the ISS national laboratory cial entities leading to the utilization of the capacity. Until at least September 30, 2024, the ISS national laboratory facilities. official or employee designated under sub- (4) Coordination of transportation require- section (b) may grant an exception to this re- ments in support of the ISS national labora- quirement in the case of a proposed experi- tory research and development objectives, in- ment considered essential for purposes of pre- cluding provision for delivery of instruments, paring for exploration beyond low-Earth orbit, logistics support, and related experiment ma- as determined by joint agreement between the terials, and provision for return to Earth of organization with which the Administrator en- collected samples, materials, and scientific in- ters into a cooperative agreement under sub- struments in need of replacement or upgrade. section (a) and the official or employee des- (5) Cooperation with NASA, other depart- ignated under subsection (b). ments and agencies of the United States Gov- ernment, the States, and commercial entities (3) Research priorities and enhanced capacity in ensuring the enhancement and sustained operations of non-exploration-related research The organization with which the Adminis- payload ground support facilities for the ISS, trator enters into the cooperative agreement including the Space Life Sciences Laboratory, shall consider recommendations of the Na- the Space Station Processing Facility and tional Academies Decadal Survey on Biologi- Payload Operations Integration Center. cal and Physical Sciences in Space in estab- (6) Development and implementation of sci- lishing research priorities and in developing entific outreach and education activities de- proposed enhancements of research capacity signed to ensure effective utilization of ISS re- and opportunities for the ISS national labora- search capabilities including the conduct of tory. scientific assemblies, conferences, and other fora for the presentation of research findings, (4) Responsibility for research payload methods, and mechanisms for the dissemina- NASA shall retain its roles and responsibil- tion of non-restricted research findings and ities in providing research payload physical, the development of educational programs, analytical, and operations integration during course supplements, interaction with edu- pre-flight, post-flight, transportation, and or- cational programs at all grade levels, includ- bital phases essential to ensure safe and effec- ing student-focused research opportunities for tive flight readiness and vehicle integration of conduct of research in the ISS national lab- research activities approved and prioritized by oratory facilities. the organization with which the Adminis- (7) Such other matters relating to the utili- trator enters into the cooperative agreement zation of the ISS national laboratory facilities and the official or employee designated under for research and development as the Adminis- subsection (b). trator may consider appropriate. (Pub. L. 111–267, title V, § 504, Oct. 11, 2010, 124 (d) Research capacity allocation and integration Stat. 2825; Pub. L. 114–90, title I, § 114(b)(3), Nov. of research payloads 25, 2015, 129 Stat. 716.) (1) Allocation of ISS research capacity As soon as practicable after October 11, 2010, CODIFICATION but not later than October 1, 2011, ISS na- In subsec. (c)(3), ‘‘section 70906 of title 51’’ substituted tional laboratory managed experiments shall for ‘‘section 602 of the National Aeronautics and Space be guaranteed access to, and utilization of, not Administration Authorization Act of 2008 (42 U.S.C. less than 50 percent of the United States re- 17752)’’ on authority of Pub. L. 111–314, § 5(e), Dec. 18, search capacity allocation, including power, 2010, 124 Stat. 3443, which Act enacted Title 51, National cold stowage, and requisite crew time onboard and Commercial Space Programs. the ISS through at least September 30, 2024. Access to the ISS research capacity includes AMENDMENTS provision for the adequate upmass and 2015—Subsec. (d)(1), (2). Pub. L. 114–90 substituted ‘‘at downmass capabilities to utilize the ISS re- least September 30, 2024’’ for ‘‘September 30, 2020’’. 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.