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[CITE: 42USC2451]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                   CHAPTER 26--NATIONAL SPACE PROGRAM
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 2451. Congressional declaration of policy and purpose


(a) Devotion of space activities to peaceful purposes for benefit of all 
        mankind

    The Congress declares that it is the policy of the United States 
that activities in space should be devoted to peaceful purposes for the 
benefit of all mankind.

(b) Aeronautical and space activities for welfare and security of United 
        States; control by civilian agency; exceptions

    The Congress declares that the general welfare and security of the 
United States require that adequate provision be made for aeronautical 
and space activities. The Congress further declares that such activities 
shall be the responsibility of, and shall be directed by, a civilian 
agency exercising control over aeronautical and space activities 
sponsored by the United States, except that activities peculiar to or 
primarily associated with the development of weapons systems, military 
operations, or the defense of the United States (including the research 
and development necessary to make effective provision for the defense of 
the United States) shall be the responsibility of, and shall be directed 
by, the Department of Defense; and that determination as to which such 
agency has responsibility for and direction of any such activity shall 
be made by the President in conformity with section 2471(e) of this 
title.

(c) Commercial use of space

    The Congress declares that the general welfare of the United States 
requires that the National Aeronautics and Space Administration (as 
established by subchapter II of this chapter) seek and encourage, to the 
maximum extent possible, the fullest commercial use of space.

(d) Objectives of aeronautical and space activities

    The aeronautical and space activities of the United States shall be 
conducted so as to contribute materially to one or more of the following 
objectives:
        (1) The expansion of human knowledge of the Earth and of 
    phenomena in the atmosphere and space;
        (2) The improvement of the usefulness, performance, speed, 
    safety, and efficiency of aeronautical and space vehicles;
        (3) The development and operation of vehicles capable of 
    carrying instruments, equipment, supplies, and living organisms 
    through space;
        (4) The establishment of long-range studies of the potential 
    benefits to be gained from, the opportunities for, and the problems 
    involved in the utilization of aeronautical and space activities for 
    peaceful and scientific purposes;
        (5) The preservation of the role of the United States as a 
    leader in aeronautical and space science and technology and in the 
    application thereof to the conduct of peaceful activities within and 
    outside the atmosphere;
        (6) The making available to agencies directly concerned with 
    national defense of discoveries that have military value or 
    significance, and the furnishing by such agencies, to the civilian 
    agency established to direct and control nonmilitary aeronautical 
    and space activities, of information as to discoveries which have 
    value or significance to that agency;
        (7) Cooperation by the United States with other nations and 
    groups of nations in work done pursuant to this chapter and in the 
    peaceful application of the results thereof;
        (8) The most effective utilization of the scientific and 
    engineering resources of the United States, with close cooperation 
    among all interested agencies of the United States in order to avoid 
    unnecessary duplication of effort, facilities, and equipment; and
        (9) The preservation of the United States preeminent position in 
    aeronautics and space through research and technology development 
    related to associated manufacturing processes.

(e) Ground propulsion systems research and development

    The Congress declares that the general welfare of the United States 
requires that the unique competence in scientific and engineering 
systems of the National Aeronautics and Space Administration also be 
directed toward ground propulsion systems research and development. Such 
development shall be conducted so as to contribute to the objectives of 
developing energy and petroleum-conserving ground propulsion systems, 
and of minimizing the environmental degradation caused by such systems.

(f) Development of advanced automobile propulsion systems

    The Congress declares that the general welfare of the United States 
requires that the unique competence in scientific and engineering 
systems of the National Aeronautics and Space Administration also be 
directed toward the development of advanced automobile propulsion 
systems. Such development shall be conducted so as to contribute to the 
achievement of the purposes set forth in section 2701(b) of title 15.

(g) Bioengineering research, development, and demonstration programs

    The Congress declares that the general welfare of the United States 
requires that the unique competence of the National Aeronautics and 
Space Administration in science and engineering systems be directed to 
assisting in bioengineering research, development, and demonstration 
programs designed to alleviate and minimize the effects of disability.

(h) Purpose of chapter

    It is the purpose of this chapter to carry out and effectuate the 
policies declared in subsections (a), (b), (c), (d), (e), (f), and (g) 
of this section.

(Pub. L. 85-568, title I, Sec. 102, July 29, 1958, 72 Stat. 426; Pub. L. 
94-413, Sec. 15(a), (b), Sept. 17, 1976, 90 Stat. 1270; Pub. L. 95-238, 
title III, Sec. 311, Feb. 25, 1978, 92 Stat. 83; Pub. L. 95-401, Sec. 7, 
Sept. 30, 1978, 92 Stat. 860; Pub. L. 98-361, title I, Sec. 110, July 
16, 1984, 98 Stat. 426; Pub. L. 100-685, title II, Sec. 214, Nov. 17, 
1988, 102 Stat. 4093.)

                       References in Text

    Section 2471 of this title, referred to in subsec. (b), was omitted 
from the Code.
    This chapter, referred to in subsec. (h), was in the original ``this 
Act'', meaning Pub. L. 85-568, July 29, 1958, 72 Stat. 426, as amended. 
For complete classification of this Act to the Code, see Short Title 
note below and Tables.


                               Amendments

    1988--Subsec. (d)(9). Pub. L. 100-685, which directed the amendment 
of subsec. (c) by adding par. (9), was executed to subsec. (d) to 
reflect the probable intent of Congress and the redesignation of former 
subsec. (c) as (d) by Pub. L. 98-361.
    1984--Subsec. (c). Pub. L. 98-361, Sec. 110(a)(2), (3), added 
subsec. (c) and redesignated former subsec. (c) as (d).
    Subsec. (d). Pub. L. 98-361, Sec. 110(a)(2), redesignated former 
subsec. (c) as (d). Former subsec. (d) redesignated (e).
    Subsec. (d)(1). Pub. L. 98-361, Sec. 110(b), inserted ``of the 
Earth''.
    Subsecs. (e) to (g). Pub. L. 98-361, Sec. 110(a)(2), redesignated 
former subsecs. (d) to (f) as (e) to (g), respectively. Former subsec. 
(g) redesignated (h).
    Subsec. (h). Pub. L. 98-361, Sec. 110(a)(2), redesignated former 
subsec. (g) as (h).
    Pub. L. 98-361, Sec. 110(a)(1), inserted reference to subsec. (g) of 
this section.
    1978--Subsec. (e). Pub. L. 95-238, Sec. 311(a), added subsec. (e). 
Former subsec. (e) redesignated (f).
    Subsec. (f). Pub. L. 95-401, Sec. 7(a), added subsec. (f). Former 
subsec. (f) redesignated (g).
    Pub. L. 95-238, Sec. 311(a), (b), redesignated former subsec. (e) as 
(f) and inserted reference to subsec. (e).
    Subsec. (g). Pub. L. 95-401, Sec. 7, redesignated former subsec. (f) 
as (g) and substituted ``(e), and (f)'' for ``and (e)''.
    1976--Subsecs. (d), (e). Pub. L. 94-413 added subsec. (d), 
redesignated former subsec. (d) as (e) and substituted ``(c), and (d)'' 
for ``and (c)''.


                      Short Title of 1990 Amendment

    Pub. L. 101-611, title II, Sec. 201, Nov. 16, 1990, 104 Stat. 3205, 
provided that: ``This title [enacting sections 2465b to 2465f of this 
title] may be cited as the `Launch Services Purchase Act of 1990'.''


                               Short Title

    Section 101 of Pub. L. 85-568 provided that: ``This Act [enacting 
this chapter and section 799 of Title 18, Crimes and Criminal Procedure, 
amending section 22-1 of former Title 5, Executive Departments and 
Government Officers and Employees (which was repealed and reenacted in 
pertinent part as sections 7531 and 7532 of Title 5, Government 
Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
514), sections 2302 and 2303 of Title 10, Armed Forces, section 1114 of 
Title 18, sections 511, 512, 513, and 515 of Title 50, War and National 
Defense, and enacting provisions set out as notes under section 2472 of 
this title and section 2302 of Title 10] may be cited as the `National 
Aeronautics and Space Act of 1958'.''


                     Earth Observing System Program

    Pub. L. 102-588, title I, Sec. 102(g), Nov. 4, 1992, 106 Stat. 5111, 
provided that:
    ``(1) The Administrator [of the National Aeronautics and Space 
Administration] shall carry out an Earth Observing System program that 
addresses the highest priority international climate change research 
goals as defined by the Committee on Earth and Environmental Sciences 
and the Intergovernmental Panel on Climate Change.
    ``(2)(A) Within 180 days after the date of enactment of this Act 
[Nov. 4, 1992], the Administrator shall submit to Congress a plan which 
will ensure that the highest priority measurements are maintained on 
schedule to the greatest extent practicable while lower priority 
measurements are deferred, deleted, or obtained through other means.
    ``(B) Within 90 days after the date of enactment of this Act, the 
Core System of the Earth Observing System Data and Information System, 
the Administrator shall submit to Congress a Development Plan which--
        ``(i) identifies the highest risk elements of the development 
    effort and the key advanced technologies required to significantly 
    increase scientific productivity;
        ``(ii) provides a plan for the development of one or more 
    prototype systems for use in reducing the development risk of 
    critical system elements and obtaining feedback for scientific 
    users;
        ``(iii) provides a plan for research into key advanced 
    technologies;
        ``(iv) identifies sufficient resources for carrying out the 
    Development Plan; and
        ``(v) identifies how the Earth Observing System Data Information 
    System will connect to and utilize other federally-supported 
    research networks, including the National Research and Education 
    Network.''


                    Congressional Findings and Policy

    1991--Pub. L. 102-195, Secs. 2, 3, Dec. 9, 1991, 105 Stat. 1605, 
1606, provided that:
``SEC. 2. FINDINGS.
    ``Congress finds that--
        ``(1) the report of the Advisory Committee on the Future of the 
    United States Space Program has provided a framework within which a 
    consensus on the goals of the space program can be developed;
        ``(2) a balanced civil space science program should be funded at 
    a level of at least 20 percent of the aggregate amount in the budget 
    of the National Aeronautics and Space Administration for `Research 
    and development' and `Space flight, control, and data 
    communications';
        ``(3) development of an adequate data base for life sciences in 
    space will be greatly enhanced through closer scientific cooperation 
    with the Soviet Union, including active use of manned Soviet space 
    stations;
        ``(4) the space program can make substantial contributions to 
    health-related research and should be an integral part of the 
    Nation's health research and development program;
        ``(5) Landsat data and the continuation of the Landsat system 
    beyond Landsat 6 are essential to the Mission to Planet Earth and 
    other long-term environmental research programs;
        ``(6) increased use of defense-related remote sensing data and 
    data technology by civilian agencies and the scientific community 
    can benefit national environmental study and monitoring programs;
        ``(7) the generation of trained scientists and engineers through 
    educational initiatives and academic research programs outside of 
    the National Aeronautics and Space Administration is essential to 
    the future of the United States civil space program;
        ``(8) the strengthening and expansion of the Nation's space 
    transportation infrastructure, including the enhancement of launch 
    sites and launch site support facilities, are essential to support 
    the full range of the Nation's space-related activities;
        ``(9) the aeronautical program contributes to the Nation's 
    technological competitive advantage, and it has been a key factor in 
    maintaining preeminence in aviation over many decades; and
        ``(10) the National Aero Space Plane program can have benefits 
    to the military and civilian aviation programs from the new and 
    innovative technologies developed in propulsion systems, 
    aerodynamics, and control systems that could be enormous, especially 
    for high-speed aeronautical and space flight.
``SEC. 3. POLICY.
    ``It is the policy of the United States that--
        ``(1) the Administrator of the National Aeronautics and Space 
    Administration (hereinafter referred to as the `Administrator'), in 
    planning for national programs in environmental study and human 
    space flight and exploration, should ensure the resiliency of the 
    space infrastructure;
        ``(2) a stable and balanced program of civil space science 
    should be planned to minimize future year funding requirements in 
    order to accommodate a steady stream of new initiatives;
        ``(3) any new launch system undertaken or jointly undertaken by 
    the National Aeronautics and Space Administration should be based on 
    defined mission and program requirements or national policies 
    established by Congress;
        ``(4) in fulfilling the mission of the National Aeronautics and 
    Space Administration to improve the usefulness, performance, speed, 
    safety, and efficiency of space vehicles, the Administrator should 
    establish a program of research and development to enhance the 
    competitiveness and cost effectiveness of commercial expendable 
    launch vehicles; and
        ``(5) the National Aeronautics and Space Administration should 
    promote and support efforts to advance scientific understanding by 
    conducting or otherwise providing for research on environmental 
    problems, including global change, ozone depletion, acid 
    precipitation, deforestation, and smog.''

    1990--Pub. L. 101-611, title I, Secs. 101, 102, Nov. 16, 1990, 104 
Stat. 3188, 3189, provided that:
``SEC. 101. FINDINGS.
    ``The Congress finds that--
        ``(1) over the next decade, the United States aeronautics and 
    space program will be directed toward major national priorities of 
    understanding, preserving, and enhancing our global environment, 
    hypersonic transportation, human exploration, and emerging 
    technology commercialization;
        ``(2) the United States aeronautics and space program is 
    supported by an overwhelming majority of the American people;
        ``(3) the United States aeronautics and space program genuinely 
    reflects our Nation's pioneer heritage and demonstrates our quest 
    for leadership, economic growth, and human understanding;
        ``(4) the United States space program is based on a solid record 
    of achievement and continues to promote the objective of 
    international cooperation in the exploration of the planets and the 
    universe;
        ``(5) the United States aeronautics and space program generates 
    critical technology breakthroughs that benefit our economy through 
    new products and processes that significantly improve our standard 
    of living;
        ``(6) the United States aeronautics and space program excites 
    the imagination of every generation and can stimulate the youth of 
    our Nation toward the pursuit of excellence in the fields of 
    science, engineering, and mathematics;
        ``(7) the United States aeronautics and space program 
    contributes to the Nation's technological competitive advantage;
        ``(8) the United States aeronautics and space program requires a 
    sustained commitment of financial and human resources as a share of 
    the Nation's Gross National Product;
        ``(9) the United States space transportation system will depend 
    upon a robust fleet of space shuttle orbiters and expendable and 
    reusable launch vehicles and services;
        ``(10) the United States space program will be advanced with an 
    assured funding stream for the development of a permanently manned 
    space station with research, experimentation, observation, 
    servicing, manufacturing, and staging capabilities for lunar and 
    Mars missions;
        ``(11) the United States aeronautics program has been a key 
    factor in maintaining preeminence in aviation over many decades;
        ``(12) the United States needs to maintain a strong program with 
    respect to transatmospheric research and technology by developing 
    and demonstrating National Aero-Space Plane technology by a mid-
    decade date certain;
        ``(13) the National Aeronautics and Space Administration is 
    primarily responsible for formulating and implementing policy that 
    supports and encourages civil aeronautics and space activities in 
    the United States; and
        ``(14) commercial activities of the private sector will 
    substantially and increasingly contribute to the strength of both 
    the United States space program and the national economy.
``SEC. 102. POLICY.
    ``It is declared to be national policy that the United States 
should--
        ``(1) rededicate itself to the goal of leadership in critical 
    areas of space science, space exploration, and space 
    commercialization;
        ``(2) increase its commitment of budgetary resources for the 
    space program to reverse the dramatic decline in real spending for 
    such program since the achievements of the Apollo moon program;
        ``(3) ensure that the long-range environmental impact of all 
    activities carried out under this title [enacting sections 2459a, 
    2465a, and 2471a of this title and section 1535 of Title 15, 
    Commerce and Trade, amending section 2473 of this title and sections 
    2601, 2602, 2604, 2614, and 2623 of former Title 49, Transportation, 
    and enacting provisions set out as notes under this section and 
    sections 2459, 2465a, and 2471 of this title] are fully understood 
    and considered;
        ``(4) promote and support efforts to advance scientific 
    understanding by conducting or otherwise providing for research on 
    environmental problems, including global change, ozone depletion, 
    acid precipitation, deforestation, and smog;
        ``(5) forge a robust national space program that maintains a 
    healthy balance between manned and unmanned space activities and 
    recognizes the mutually reinforcing benefits of both;
        ``(6) maintain an active fleet of space shuttle orbiters, 
    including an adequate provision of structural spare parts, and 
    evolve the orbiter design to improve safety and performance, and 
    reduce operational costs;
        ``(7) sustain a mixed fleet by utilizing commercial expendable 
    launch vehicle services to the fullest extent practicable;
        ``(8) support an aggressive program of research and development 
    designed to enhance the United States preeminence in launch 
    vehicles;
        ``(9) continue and complete on schedule the development and 
    deployment of a permanently manned, fully capable, space station;
        ``(10) develop an advanced, high pressure space suit to support 
    extravehicular activity that will be required for Space Station 
    Freedom when Assembly Complete is reached;
        ``(11) establish a dual capability for logistics and resupply of 
    the space station utilizing the space shuttle and expendable launch 
    vehicles, including commercial services if available;
        ``(12) continue to seek opportunities for international 
    cooperation in space and fully support international cooperative 
    agreements;
        ``(13) maintain an aggressive program of aeronautical research 
    and technology development designed to enhance the United States 
    preeminence in civil and military aviation and improve the safety 
    and efficiency of the United States air transportation system;
        ``(14) conduct a program of technology maturation, including 
    flight demonstration in 1997, to prove the feasibility of an air-
    breathing, hypersonic aerospace plane capable of single-stage-to-
    orbit operation and hypersonic cruise in the atmosphere;
        ``(15) seek innovative technologies that will make possible 
    advanced human exploration initiatives, such as the establishment of 
    a lunar base and the succeeding mission to Mars, and provide high 
    yield technology advancements for the national economy; and
        ``(16) enhance the human resources of the Nation and the quality 
    of education.''


                      Life Sciences Strategic Plan

    Pub. L. 101-611, title I, Sec. 113, Nov. 16, 1990, 104 Stat. 3199, 
provided that:
    ``(a) Findings.--The Congress finds that--
        ``(1) the current knowledge base in life sciences is not 
    compatible with the National Aeronautics and Space Administration's 
    current objectives in space, and the National Aeronautics and Space 
    Administration lacks an adequate strategic plan to acquire a 
    knowledge base;
        ``(2) it is critical to the success of manned missions in space, 
    be they commercial operations of microgravity laboratories or manned 
    missions to Mars, that a realistic appraisal of the influences of 
    the space environment on biological systems is completed and 
    appropriate protective countermeasures developed;
        ``(3) the space station is rapidly approaching design maturity 
    without a corresponding development of the physiological and other 
    human factors knowledge base necessary for long-term manned 
    operations in space; and
        ``(4) space station laboratory hardware specifications are being 
    fixed before fully establishing the objectives and requirements for 
    life sciences research.
    ``(b) Strategic Plan.--The Administration shall--
        ``(1) review currently proposed manned space flight missions in 
    order to--
            ``(A) identify the physiological and other human factors 
        knowledge base necessary to determine the human capacity to 
        adapt to and perform effectively in the space environment 
        according to mission requirements, including identifying which 
        life sciences parameters must be measured and which 
        technologies, processes, and procedures must be developed; and
            ``(B) develop a schedule indicating when specific components 
        of information, technologies, processes, or procedures 
        identified under subparagraph (A) will need to be acquired or 
        developed in order to verify that human adaptability 
        requirements of manned space flight missions can be achieved;
        ``(2) develop a strategy plan for life sciences research and 
    technology development sufficient to accomplish the life sciences 
    knowledge base acquisition schedule developed under paragraph 
    (1)(B), including--
            ``(A) a crew certification plan setting acceptable crew 
        conditioning standards for Extended Duration Orbiter operations 
        and verifying countermeasures sufficient to meet those standards 
        before actual Extended Duration Orbiter operations; and
            ``(B) a life sciences implementation plan for the design and 
        development of the space station, to be provided as part of the 
        Preliminary Design Review for the space station, and to include 
        crew adaptability standards; and
        ``(3) verify the physiological and technical feasibility of the 
    life sciences implementation plan developed under paragraph (2)(B), 
    as part of the Critical Design Review for the space station.''


                    National Aero-Space Plane Program

    Pub. L. 101-611, title I, Sec. 116, Nov. 16, 1990, 104 Stat. 3202, 
provided that:
    ``(a) National Aero-Space Plane Program.--The Secretary of Defense 
(hereafter in this section referred to as the `Secretary') and the 
Administrator shall jointly pursue on a high priority basis a National 
Aero-Space Plane program whose objective shall be the development and 
demonstration, by 1997, of a primarily air breathing single-stage-to-
orbit and long range hypersonic cruise research flight vehicle. The 
program shall be a research program, and to the extent practicable 
technological information developed shall be transferred to the military 
and to the domestic civil aviation and other private industries.
    ``(b) Management Plan.--
        ``(1) The Secretary and the Adminstrator [sic] shall jointly 
    develop a management plan for the program established under 
    subsection (a), which shall include goals, major tasks, anticipated 
    schedules, organizational structure, funding profiles, details of 
    the respective responsibilities of the Secretary and the 
    Administrator, and resource procurement strategies.
        ``(2) The management plan developed pursuant to paragraph (1) 
    shall be submitted to the Congress within 120 days after the date of 
    enactment of this Act [Nov. 16, 1990].''


       National Aeronautics and Space Capital Development Program

    Section 101 of Pub. L. 100-685 provided that: ``Congress finds 
that--
        ``(1) in accordance with section 106 of the National Aeronautics 
    and Space Administration Authorization Act of 1988 (Public Law 100-
    147) [set out below], a space station, hereafter referred to as the 
    United States International Space Station, shall be constructed in 
    order to establish a permanent presence for man in space for the 
    following purposes--
            ``(A) the conduct of scientific experiments, applications 
        experiments, and engineering experiments;
            ``(B) the servicing, rehabilitation, and construction of 
        satellites and space vehicles;
            ``(C) the development and demonstration of commercial 
        products and processes; and
            ``(D) the establishment of a space base for other civilian 
        and commercial space activities including an outpost for further 
        exploration of the solar system;
        ``(2) expendable launch vehicles should be used to launch those 
    payloads that do not require the presence of man;
        ``(3) the space shuttle launches should be used to fulfill the 
    Nation's needs for manned access to space;
        ``(4) preeminence in space and aeronautics is key to the 
    national security and economic well being of the United States;
        ``(5) United States space policy needs long-range goals and 
    direction in order to provide understanding for near-term space 
    projects and programs;
        ``(6) over the next five years the National Aeronautics and 
    Space Administration, hereafter referred to as the `Administration', 
    should pursue leadership in science through an aggressive set of 
    major and moderate missions while maintaining a robust series of 
    cost effective missions that can provide frequent flight 
    opportunities to the scientific community[;]
        ``(7) over the next five years the Administration should prepare 
    for the transition to the United States International Space Station 
    of those science and technology programs that can be most 
    efficiently and effectively conducted on that facility;
        ``(8) the Administration should encourage the United States 
    private sector investment in space and, to the maximum extent 
    practicable provide frequent flight opportunities for the 
    development of technologies, processes and products that benefit 
    from the space environment;
        ``(9) the Administration should enhance the existing space 
    transportation capability through a robust mixed fleet of manned and 
    unmanned vehicles in order to increase the reliability, 
    productivity, and efficiency and reduce the cost of the Nation's 
    access to space;
        ``(10) the United States faces an increasingly successful 
    foreign challenge to its traditional preeminent position in 
    aeronautics which is rapidly reducing its lead in both civil and 
    military aircraft;
        ``(11) NASA's personnel are an integral component and resource 
    for the Nation's space program, and an innovative personnel system 
    should be developed;
        ``(12) the establishment of a permanent presence in space 
    leading ultimately to space settlements is fully consistent with the 
    goals of the National Aeronautics and Space Act of 1958 [this 
    chapter];
        ``(13) the United States civil space activities should 
    contribute significantly to enhancing the Nation's scientific and 
    technological leadership, economy, pride, and sense of well-being, 
    as well as United States world prestige and leadership;
        ``(14) civil sector activities should be comprised of a balanced 
    strategy of research, development, operations, and technology for 
    science, exploration, and appropriate applications;
        ``(15) assured access to space, sufficient to achieve all United 
    States space goals, is an essential element of United States space 
    policy, and the United States space transportation systems must 
    provide a balanced, robust, and flexible capability with sufficient 
    resiliency to allow continued operation despite failures in any 
    single system;
        ``(16) the goals of the United States space transportation 
    system are--
            ``(A) to achieve and maintain safe and reliable access to, 
        transportation in, and return from, space;
            ``(B) to exploit the unique attributes of manned and 
        unmanned launch and recovery systems;
            ``(C) to encourage, to the maximum extent feasible, the 
        development and use of United States private sector space 
        transportation capabilities; and
            ``(D) to reduce the costs of space transportation and 
        related services;
        ``(17) recognizing that communications advancements are critical 
    to all United States space activities, the Administration should 
    continue research and development efforts for future advances in 
    space communications technologies;
        ``(18) the goal of aeronautical research and technology 
    development and validation activities should be to contribute to a 
    national technology base that will enhance United States preeminence 
    in civil and military aviation and improve the safety and efficiency 
    of the United States air transportation system; and
        ``(19) aeronautical research and technology development and 
    validation activities should--
            ``(A) emphasize emerging technologies with potential for 
        breakthrough advances;
            ``(B) consist of--
                ``(i) fundamental research in all aeronautical 
            disciplines, aimed at greater understanding of aeronautical 
            phenomena and development of new aeronautical concepts; and
                ``(ii) technology development and validation activities 
            aimed at laboratory-scale development and proof-of-concept 
            demonstration of selected concepts with high payoff 
            potential;
            ``(C) assure maintenance of robust aeronautical 
        laboratories, including a first-rate technical staff and modern 
        national facilities for the conduct of research and testing 
        activities;
            ``(D) be conducted with the close, active participation of 
        the United States aircraft industry so as to accelerate the 
        transfer of research results to aviation products;
            ``(E) include providing technical assistance and facility 
        support to other government agencies and United States industry;
            ``(F) include conducting joint projects with other 
        government agencies where such projects contribute materially to 
        the goals set forth in this section;
            ``(G) assure strong participation of United States 
        universities both in carrying out aeronautical research and 
        training future aeronautical research personnel; and
            ``(H) be conducted, where practical, so that United States 
        industry receives research results before foreign competitors.''


                            Space Settlements

    Section 217 of Pub. L. 100-685 provided that:
    ``(a) The Congress declares that the extension of human life beyond 
Earth's atmosphere, leading ultimately to the establishment of space 
settlements, will fulfill the purposes of advancing science, 
exploration, and development and will enhance the general welfare.
    ``(b) In pursuit of the establishment of an International Space Year 
in 1992 pursuant to Public Law 99-170 [Dec. 5, 1985, 99 Stat. 1012], the 
United States shall exercise leadership and mobilize the international 
community in furtherance of increasing mankind's knowledge and 
exploration of the solar system.
    ``(c) Once every 2 years after the date of the enactment of this Act 
[Nov. 17, 1988], the National Aeronautics and Space Administration shall 
submit a report to the President and to the Congress which--
        ``(1) provides a review of all activities undertaken under this 
    section including an analysis of the focused research and 
    development activities on the Space Station, Moon, and other 
    outposts that are necessary to accomplish a manned mission to Mars;
        ``(2) analyzes ways in which current science and technology can 
    be applied in the establishment of space settlements;
        ``(3) identifies scientific and technological capacity for 
    establishing space settlements, including a description of what 
    steps must be taken to develop such capacity;
        ``(4) examines alternative space settlement locations and 
    architectures;
        ``(5) examines the status of technologies necessary for 
    extraterrestrial resource development and use and energy production;
        ``(6) reviews the ways in which the existence of space 
    settlements would enhance science, exploration, and development;
        ``(7) reviews mechanisms and institutional options which could 
    foster a broad-based plan for international cooperation in 
    establishing space settlements;
        ``(8) analyzes the economics of financing space settlements, 
    especially with respect to private sector and international 
    participation;
        ``(9) discusses sociological factors involved in space 
    settlement such as psychology, political science, and legal issues; 
    and
        ``(10) addresses such other topics as the National Aeronautics 
    and Space Administration considers appropriate.''


                         Ten Year Strategic Plan

    Title III of Pub. L. 100-685 provided that:


                 ``aeronautics and space strategic plan

    ``Sec. 301. The Administrator should develop an aggressive and 
balanced plan of science and applications including but not limited to--
        ``(1) the robotic exploration of other solar system bodies;
        ``(2) the study and observation of other celestial bodies and 
    phenomena at spectral wave lengths and resolutions that will enhance 
    our understanding of the universe;
        ``(3) the enhanced study and monitoring of Earth as an 
    interacting system;
        ``(4) the development of a full understanding of the behavior of 
    biological systems in the space environment; and
        ``(5) the development of a full understanding of physics and 
    chemistry of the macroscopic behavior of materials in the 
    microgravity environment.


             ``space research and technology strategic plan

    ``Sec. 302. The Administrator should develop an aggressive and 
balanced plan of space research and technology including but not limited 
to--
        ``(1) fundamental and innovative research as the seedbed for 
    enabling technologies for future civil space missions;
        ``(2) focused technology programs keyed to long range, high 
    priority civil space missions;
        ``(3) technology research and demonstrations, extending 
    laboratory activities from Earth to space-based facilities such as 
    the Space Shuttle, Space Station, orbital platforms, and eventually 
    the Moon and other planetary bodies; and
        ``(4) cooperation with, and service to, other space program 
    sectors with advanced technology and use of ground and space-based 
    facilities.


                   ``space exploration strategic plan

    ``Sec. 303. The Administrator should develop a plan in pursuit of 
the continued manned exploration of the solar system and low-Earth 
orbit, including but not limited to--
        ``(1) the establishment of an operational United States 
    International Space Station that shall be permanently manned; and
        ``(2) the development of those technologies and systems required 
    for manned exploration of space beyond earth orbit.


                  ``space transportation strategic plan

    ``Sec. 304. The Administrator should develop a plan to improve the 
manned and unmanned space transportation system including--
        ``(1) the continued enhancement of the space shuttle and its 
    ground system in order to increase safety and efficiency and reduce 
    costs;
        ``(2) the completion of the development of a heavy-lift 
    expendable launch vehicle if consistent with mission requirements of 
    the Administration, the Department of Defense, and other Federal 
    agencies; and
        ``(3) the initiation of preliminary design activities for the 
    next generation of a manned space launch system beyond the space 
    shuttle.


 ``aeronautical research and technology development and validation long-
                               range plan

    ``Sec. 305. The Administrator should develop a plan in pursuit of--
        ``(1) a vigorous program in aeronautics research and technology 
    development and validation, emphasizing emerging technologies with 
    the potential for breakthrough advances to enhance United States 
    preeminence in civil and military aviation; and
        ``(2) in cooperation with the Department of Defense, a 
    technology development program (with an option for a flight 
    demonstration in 1995) to prove the feasibility of an air-breathing 
    hypersonic aerospaceplane capable of single-stage-to-orbit operation 
    and hypersonic cruise in the atmosphere.''


                    Permanently Manned Space Station

    Pub. L. 100-147, title I, Secs. 106-112, Oct. 30, 1987, 101 Stat. 
863-865, as amended by Pub. L. 102-195, Sec. 16, Dec. 9, 1991, 105 Stat. 
1614; Pub. L. 105-362, title XI, Sec. 1101(c), Nov. 10, 1998, 112 Stat. 
3292, provided that:
    ``Sec. 106. (a) The Administrator is directed to undertake the 
construction of a permanently manned space station (hereinafter referred 
to as the `space station') to become operational in 1995. The space 
station will be used for the following purposes--
        ``(1) the conduct of scientific experiments, applications 
    experiments, and engineering experiments;
        ``(2) the servicing, rehabilitation, and construction of 
    satellites and space vehicles;
        ``(3) the development and demonstration of commercial products 
    and processes; and
        ``(4) the establishment of a space base for other civilian and 
    commercial space activities.
    ``(b) The space station shall be developed and operated in a manner 
that supports other science and space activities.
    ``(c) In order to reduce the cost of operations of the space station 
and its ground support system, the Administrator shall undertake the 
development of such advanced technologies as may be appropriate within 
the level of funding authorized in this Act [see Tables for 
classifications].
    ``(d) The Administrator shall seek to have portions of the space 
station constructed and operated by the private sector, where 
appropriate.
    ``(e) The Administrator shall promote international cooperation in 
the space station program by undertaking the development, construction, 
and operation of the space station in conjunction with (but not limited 
to) the Governments of Europe, Japan, and Canada.
    ``(f) The space station shall be designed, developed, and operated 
in a manner that enables evolutionary enhancement.
    ``[Sec. 107. Repealed. Pub. L. 105-362, title XI, Sec. 1101(c), Nov. 
10, 1998, 112 Stat. 3292.]
    ``Sec. 108. In order to ensure that the development of the space 
station is part of a balanced civilian space program, the Administrator 
is instructed to establish as a goal a funding profile that limits (1) 
space station total annual costs under the capital development plan in 
section 107 to 25 percent of the total budget request for the National 
Aeronautics and Space Administration and (2) all space station direct 
operations costs, except for those costs associated with the utilization 
of the space station, to 10 percent of the total budget request for the 
National Aeronautics and Space Administration.
    ``Sec. 109. (a) It is the sense of the Congress that the launching 
and servicing of the space station should be accomplished by the most 
cost-effective use of space transportation systems, including the space 
shuttle and expendable launch vehicles.
    ``(b) Not later than January 15, 1988, the Administrator shall 
submit a preliminary report on the cost-effective use of space 
transportation systems for the launch of space station elements during 
the development and operation of the space station. The Administrator 
shall consider--
        ``(1) the potential use of future advanced or heavy lift 
    expendable launch vehicles for purposes of the assembly and 
    operation of the space station;
        ``(2) the use of existing expendable launch vehicles of the 
    National Aeronautics and Space Administration, the Department of 
    Defense, and the Private Sector;
        ``(3) the requirement for space shuttle launches; and
        ``(4) the risk of capital losses from the use of expendable 
    launch vehicles and the space shuttle.
    ``Sec. 110. (a) The Administrator shall set and collect reasonable 
user fees for the use and maintenance of the space station.
    ``(b) The Administrator shall set user fees so as to--
        ``(1) promote the use of the space station consistent with the 
    policy set forth in section 106;
        ``(2) recover the costs of the use of the space station, 
    including reasonable charges for any enhancement needed for such 
    use; and
        ``(3) conserve and efficiently allocate the resources of the 
    space station.
    ``(c) The Administrator may, on a case-by-case basis, waive or 
modify such user fees when in the Administrator's judgment such waiver 
or modification will further the goals and purposes of the National 
Aeronautics and Space Act of 1958 [42 U.S.C. 2451 et seq.], including--
        ``(1) the advancement of scientific or engineering knowledge;
        ``(2) international cooperation; and
        ``(3) the commercial use of space.
    ``Sec. 111. No later than September 30, 1988, the Administrator 
shall submit a detailed plan for collecting reimbursements for the 
utilization of the space station under section 110, including the 
services to be offered, the methodology and bases by which prices will 
be charged, and the estimated revenues.
    ``Sec. 112. The Intergovernmental Agreement currently being 
negotiated between the United States Government and Canada, Japan, and 
member governments of the European Space Agency, and the Memorandum of 
Understanding currently being negotiated between the National 
Aeronautics and Space Administration and its counterpart agencies in 
Canada, Japan, and Europe concerning the detailed design, development, 
construction, operation, or utilization of the space station shall be 
submitted to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Science, Space, and Technology of the 
House of Representatives. No such agreement shall take effect until 30 
days have passed after the receipt by such committees of the 
agreement.''


    Feasibility Study on Flight Opportunities for Diverse Segment of 
                             American Public

    Pub. L. 99-170, title I, Sec. 111, Dec. 5, 1985, 99 Stat. 1016, 
provided that: ``The Administrator shall initiate an immediate 
feasibility study to ensure flight opportunities for a diverse segment 
of the American public, including a physically disabled American.''


                      National Commission on Space

    Pub. L. 98-361, title II, July 16, 1984, 98 Stat. 427, as amended by 
Pub. L. 99-170, title I, Sec. 109, Dec. 5, 1985, 99 Stat. 1016, 
established a National Commission on Space, required it to study 
existing and proposed space activities, to formulate an agenda for the 
civilian space program, to identify long range goals, opportunities, and 
policy options for the next 20 years, and to submit, within 18 months 
after establishment, a long range plan for the civilian space activity, 
and provided that the Commission would cease to exist 60 days after 
submission of the plan.

                        Executive Order No. 10946

    Ex. Ord. No. 10946, May 26, 1961, 26 F.R. 4629, which related to 
labor disputes at missile and space sites, was revoked by Ex. Ord. No. 
11374, Oct. 11, 1967, 32 F.R. 14199, set out below.

     Ex Ord. No. 11374. Abolition of Missile Sites Labor Commission

    Ex. Ord. No. 11374, Oct. 11, 1967, 32 F.R. 14199, provided:
    By virtue of the authority vested in me as President of the United 
States, it is ordered as follows:
    Section 1. The Missile Sites Labor Commission is hereby abolished 
and its functions and responsibilities are transferred to the Federal 
Mediation and Conciliation Service.
    Sec. 2. The Director of the Federal Mediation and Conciliation 
Service shall establish within the Federal Mediation and Conciliation 
Service such procedures as may be necessary to provide for continued 
priority for resolution of labor disputes or potential labor disputes at 
missile and space sites, and shall seek the continued cooperation of 
manufacturers, contractors, construction concerns, and labor unions in 
avoiding uneconomical operations and work stoppages at missile and space 
sites.
    Sec. 3. The Department of Defense, the National Aeronautics and 
Space Administration, and other appropriate government departments and 
agencies shall continue to cooperate in the avoidance of uneconomical 
operations and work stoppages at missile and space sites. They shall 
also assist the Federal Mediation and Conciliation Service in the 
discharge of its responsibilities under this order.
    Sec. 4. All records and property of the Missile Sites Labor 
Commission are hereby transferred to the Federal Mediation and 
Conciliation Service.
    Sec. 5. Any disputes now before the Missile Sites Labor Commission 
shall be resolved by the personnel now serving as members of the Missile 
Sites Labor Commissions under special assignment for such purposes by 
the Director of the Federal Mediation and Conciliation Service.
    Sec. 6. Executive Order No. 10946 of May 26, 1961, is hereby 
revoked.
                                                      Lyndon B. Johnson.

                        Executive Order No. 12490

    Ex. Ord. No. 12490, Oct. 12, 1984, 49 F.R. 40393, which related to 
the establishment, functions, administration, and termination of the 
National Commission on Space, was revoked by Ex. Ord. No. 12610, Sept. 
30, 1987, 52 F.R. 36901, formerly set out as a note under section 14 of 
the Federal Advisory Committee Act in the Appendix to Title 5, 
Government Organization and Employees.

       Ex. Ord. No. 12675. Establishing the National Space Council

    Ex. Ord. No. 12675, Apr. 20, 1989, 54 F.R. 17691, as amended by Ex. 
Ord. No. 12712, Apr. 26, 1990, 55 F.R. 18095; Ex. Ord. No. 12869, 
Sec. 4(f), Sept. 30, 1993, 58 F.R. 51752, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, and in order to provide a 
coordinated process for developing a national space policy and strategy 
and for monitoring its implementation, it is hereby ordered as follows:
    Section 1. Establishment and Composition of the National Space 
Council.
    (a) There is established the National Space Council (``the 
Council'').
    (b) The Council shall be composed of the following members:
    (1) The Vice President, who shall be Chairman of the Council;
    (2) The Secretary of State;
    (3) The Secretary of the Treasury;
    (4) The Secretary of Defense;
    (5) The Secretary of Commerce;
    (6) The Secretary of Transportation;
    (7) The Secretary of Energy;
    (8) The Director of the Office of Management and Budget;
    (9) The Chief of Staff to the President;
    (10) The Assistant to the President for National Security Affairs;
    (11) The Assistant to the President for Science and Technology;
    (12) The Director of Central Intelligence; and
    (13) The Administrator of the National Aeronautics and Space 
Administration.
    (c) The Chairman shall, from time to time, invite the following to 
participate in meetings of the Council:
    (1) The Chairman of the Joint Chiefs of Staff; and
    (2) The heads of other executive departments and agencies and other 
senior officials in the Executive Office of the President.
    Sec. 2. Functions of the Council. (a) The Council shall advise and 
assist the President on national space policy and strategy, and perform 
such other duties as the President may from time to time prescribe.
    (b) In addition, the Council is directed to:
    (1) review United States Government space policy, including long-
range goals, and develop a strategy for national space activities;
    (2) develop recommendations for the President on space policy and 
space-related issues;
    (3) monitor and coordinate implementation of the objectives of the 
President's national space policy by executive departments and agencies; 
and
    (4) foster close coordination, cooperation, and technology and 
information exchange among the civil, national security, and commercial 
space sectors, and facilitate resolution of differences concerning major 
space and space-related policy issues.
    (c) The creation and operation of the Council shall not interfere 
with existing lines of authority and responsibilities in the departments 
and agencies.
    Sec. 3. Responsibilities of the Chairman. (a) The Chairman shall 
serve as the President's principal advisor on national space policy and 
strategy.
    (b) The Chairman shall, in consultation with the members of the 
Council, establish procedures for the Council and establish the agenda 
for Council activities.
    (c) The Chairman shall report to the President on the activities and 
recommendations of the Council. The Chairman shall advise the Council as 
appropriate regarding the President's directions with respect to the 
Council's activities and national space policy generally.
    (d) The Chairman shall authorize the establishment of such 
committees of the Council, including an executive committee, and of such 
working groups, composed of senior designees of the Council members and 
of other officials invited to participate in Council meetings, as he 
deems necessary or appropriate for the efficient conduct of Council 
functions.
    Sec. 4. National Space Policy Planning Process. (a) The Council will 
establish a process for developing and monitoring the implementation of 
national space policy and strategy.
    (b) To implement this process, each agency represented on the 
Council shall provide such information regarding its current and planned 
space activities as the Chairman shall request.
    (c) The head of each executive department and agency shall ensure 
that its space-related activities conform to national space policy and 
strategy.
    Sec. 5. [Revoked by Ex. Ord. No. 12869, Sec. 4(f), Sept. 30, 1993, 
58 F.R. 51752.]
    Sec. 6. Microgravity Research Board. Section 1(c) of Executive Order 
No. 12660 is amended by deleting ``Economic Policy Council'' and 
inserting in lieu thereof ``National Space Council.''
    Sec. 7. Administrative Provisions. (a) The Office of Administration 
in the Executive Office of the President shall provide the Council with 
such administrative support on a reimbursable basis as may be necessary 
for the performance of the functions of the Council.
    (b) The President shall appoint an Executive Secretary who shall 
appoint such staff as may be necessary to assist in the performance of 
the Council's functions.
    (c) All Federal departments, agencies, and interagency councils and 
committees having an impact on space policy shall extend, as 
appropriate, such cooperation and assistance to the Council as is 
necessary to carry out its responsibilities under this order.
    (d) The head of each agency serving on the Council or represented on 
any working group or committee of the Council shall provide such 
administrative support as may be necessary, in accordance with law and 
subject to the availability of appropriations, to enable the agency head 
or its representative to carry out his responsibilities.
    Sec. 8. Report. The Council shall submit an annual report setting 
forth its assessment of and recommendations for the space policy and 
strategy of the United States Government.

                  Section Referred to in Other Sections

    This section is referred to in section 2476 of this title.
