51 U.S.C.
United States Code, 2022 Edition
Title 51 - NATIONAL AND COMMERCIAL SPACE PROGRAMS
Subtitle IV - Aeronautics and Space Research and Education
CHAPTER 401 - AERONAUTICS
SUBCHAPTER II - HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT PROGRAMS
Sec. 40112 - Research and technology programs
From the U.S. Government Publishing Office, www.gpo.gov

### §40112. Research and technology programs

(a) Supersonic Transport Research and Development.—The Administrator may establish an initiative with the objective of developing and demonstrating, in a relevant environment, airframe and propulsion technologies to enable efficient, economical overland flight of supersonic civil transport aircraft with no significant impact on the environment.

(b) Research and Development Initiative on Reduction of Greenhouse Gas and Noise Emissions From Aircraft.—

(1) In general.—The Administrator shall establish an initiative to research, develop, and demonstrate new technologies and concepts—

(A) to reduce greenhouse gas emissions from aviation, including carbon dioxide, nitrogen oxides, other greenhouse gases, water vapor, black carbon and sulfate aerosols, and increased cloudiness due to contrail formation;

(B) to reduce aviation noise emissions; and

(C) to enable associated aircraft performance characteristics.

(2) Goals.—The goals of the initiative required by paragraph (1) shall be—

(A) to ensure United States leadership in research and technology innovation leading to substantial reductions in aviation noise and greenhouse gas emissions;

(B) to enhance and expand basic research, and the translation of basic research into applications, that may lead to transformational advances in reducing aviation noise and greenhouse gas emissions;

(C) to accelerate research and development that contributes to maturing new technologies for reducing aircraft noise and greenhouse gas emissions; and

(D) to obtain and disseminate associated testing and performance data that facilitates the incorporation of new technologies into commercial aircraft development as soon as practicable.

(3) Objectives.—The objectives of the initiative established under paragraph (1) and the goals described in paragraph (2) shall include—

(A) as soon as practicable, a reduction of greenhouse gas emissions from new aircraft by at least 50 percent, as compared to the highest-performing aircraft technologies in service as of December 31, 2021;

(B) noise levels from aircraft throughout all phases of flight that do not exceed ambient noise levels in the absence of flight operations in the vicinity of the flight route;

(C) net-zero greenhouse gas emissions from aircraft by 2050; and

(D) demonstration of new technologies developed pursuant to such initiative on—

(i) regional aircraft intended to enter into service by 2030; and

(ii) single-aisle aircraft designed to accommodate more than 125 passengers intended to enter into service by 2040.

(c) Rotorcraft and Other Runway-Independent Air Vehicles.—The Administrator may establish a rotorcraft and other runway-independent air vehicles initiative with the objective of developing and demonstrating improved safety, noise, and environmental impact in a relevant environment.

(d) Hypersonics Research.—The Administrator may establish a hypersonics research program with the objective of exploring the science and technology of hypersonic flight using air-breathing propulsion concepts, through a mix of theoretical work, basic and applied research, and development of flight research demonstration vehicles. The program may also include the transition to the hypersonic range of Mach 3 to Mach 5.

(e) Revolutionary Aeronautical Concepts.—The Administrator may establish a research program which covers a unique range of subsonic, fixed wing vehicles and propulsion concepts. This research is intended to push technology barriers beyond current subsonic technology. Propulsion concepts include advanced materials, morphing engines, hybrid engines, and fuel cells.

(f) Fuel Cell-Powered Aircraft Research.—

(1) Objective.—The Administrator may establish a fuel cell-powered aircraft research program whose objective shall be to develop and test concepts to enable a hydrogen fuel cell-powered aircraft that would have no hydrocarbon or nitrogen oxide emissions into the environment.

(2) Approach.—The Administrator may establish a program of competitively awarded grants available to teams of researchers that may include the participation of individuals from universities, industry, and government for the conduct of this research.

(g) Mars Aircraft Research.—

(1) Objective.—The Administrator may establish a Mars Aircraft project whose objective shall be to develop and test concepts for an uncrewed aircraft that could operate for sustained periods in the atmosphere of Mars.

(2) Approach.—The Administrator may establish a program of competitively awarded grants available to teams of researchers that may include the participation of individuals from universities, industry, and government for the conduct of this research.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3379; Pub. L. 117–167, div. B, title VII, §10833(a), Aug. 9, 2022, 136 Stat. 1749.)

Historical and Revision Notes
Revised Section | Source (U.S. Code) | Source (Statutes at Large)
--- | --- | ---
40112(a) | 42 U.S.C. 16722(b). | Pub. L. 109–155, title IV, §422(b)–(g), Dec. 30, 2005, 119 Stat. 2925.
40112(b) | 42 U.S.C. 16722(c). |
40112(c) | 42 U.S.C. 16722(d). |
40112(d) | 42 U.S.C. 16722(e). |
40112(e) | 42 U.S.C. 16722(f). |
40112(f) | 42 U.S.C. 16722(g). |

#### Editorial Notes

#### Amendments

2022—Subsecs. (b) to (g). Pub. L. 117–167 added subsec. (b) and redesignated former subsecs. (b) to (f) as (c) to (g), respectively.

#### Statutory Notes and Related Subsidiaries

#### Technology Focus Areas, Implementation, and Annual Report for the Research and Development Initiative

Pub. L. 117–167, div. B, title VII, §10833(b)–(d), Aug. 9, 2022, 136 Stat. 1750, 1751, provided that:

"(b) Technology Focus Areas.—In carrying out the research and development initiative established under section 40112(b) of title 51, United States Code, the Administrator [of the National Aeronautics and Space Administration] shall advance research, development, and demonstration projects on promising technologies such as—

"(1) advanced subsonic propulsion technology, design, and integration;

"(2) electric and hybrid-electric propulsion, including battery electric and hydrogen fuel cell electric systems;

"(3) airframe concepts and configurations;

"(4) analysis of technology options, including cost-benefit analysis of greenhouse gas and noise emissions reduction technologies;

"(5) analytical tools for system-level and system-of-systems-level modeling and integration;

"(6) airspace operations improvements;

"(7) noise emissions reduction; and

"(8) any other effort, as determined by the [National Aeronautics and Space] Administration, that contributes to a sustainable future for aviation.

"(c) Implementation.—In implementing the initiative established under section 40112(b) of title 51, United States Code, the Administrator shall, to the extent practicable—

"(1) ensure that testing and performance data integrates the results of community acceptance surveys conducted by the Federal Aviation Administration and other relevant studies, including studies on the impacts of new noise effects from novel propulsion systems and from airspace operations changes;

"(2) provide testing and performance data on the technologies described in subsection (b) of this section to the Administrator of the Federal Aviation Administration to facilitate the work of the Federal Aviation Administration in identifying new requirements for policy, infrastructure, and administrative capacity necessary to enable the safe integration of such technologies on aircraft;

"(3) pursue partnerships with organizations, current commercial production aircraft providers, academic institutions, small businesses, and new entrants, including partnerships to advance research and development activities related to both regional aircraft and aircraft designed to accommodate more than 125 passengers;

"(4) include universities, academic institutions, and other research organizations in the partnerships described in paragraph (3);

"(5) expand basic research;

"(6) ensure equity in research sponsorship of, and partnership opportunities with, underrepresented students, faculty, and minority-serving-institutions [sic];

"(7) continue to coordinate with the Secretary of Energy on battery technology research;

"(8) make available the research and development carried out under the initiative established under subsection (b) of section 40112 of title 51, United States Code, to help enable an industry-wide shift toward aircraft concepts that reduce greenhouse gas emissions and aircraft noise to achieve the goals and objectives under paragraphs (2) and (3) of that subsection; and

"(9) continue to support research, development, and demonstration of aircraft concepts, including systems architecture, materials and components, integration of systems and airframe structures, human factors, airspace planning and operations, and the integration of related advanced technologies and concepts, with the goal of carrying out test flights with integrated subsystems by 2025.

"(d) Annual Report.—Not later than 1 year after the date of the enactment of this Act [Aug. 9, 2022], and annually thereafter, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Science, Space, and Technology of the House of Representatives] a report on the progress of the efforts carried out under the initiative established under subsection (b) of section 40112 of title 51, United States Code, including—

"(1) the status of progress on such initiative;

"(2) an updated, anticipated timeframe for readiness of technologies and aircraft to be adopted by industry with the emissions reduction levels directed under that subsection; and

"(3) an identification of fundamental aeronautics research activities contributing to achieving the goals and objectives of such initiative, as described in paragraphs (2) and (3) of that subsection, and a description of any obstacles to achieving such goals and objectives."

[For definition of "minority-serving institution" as used in section 10833(b)–(d) of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]

#### National Aero-Space Plane Program

Pub. L. 101–611, title I, §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]."

[Pub. L. 101–611, title I, §127, Nov. 16, 1990, 104 Stat. 3205, provided that: "For purposes of this title [see Tables for classification], the term 'Administrator' means the Administrator of the National Aeronautics and Space Administration."]