H. R. 3237—100 
Subtitle VII—Access to Space 
CHAPTER 701—USE OF SPACE SHUTTLE OR 
ALTERNATIVES 
Sec. 
70101.
Recovery of fair value of placing Department of Defense payloads in orbit 
with space shuttle. 
70102.
Space shuttle use policy. 
70103.
Commercial payloads on space shuttle. 
§ 70101. Recovery of fair value of placing Department of 
Defense payloads in orbit with space shuttle 
Notwithstanding any other provision of law, or any interagency 
agreement, the Administrator shall charge such prices as are nec-
essary to recover the fair value of placing Department of Defense 
payloads into orbit by means of the space shuttle. 
§ 70102. Space shuttle use policy 
(a) USE POLICY.— 
(1) IN GENERAL.— 
(A) POLICY.—It shall be the policy of the United States 
to use the space shuttle— 
(i) for purposes that require a human presence; 
(ii) for purposes that require the unique capabilities 
of the space shuttle; or 
(iii) when other compelling circumstances exist. 
(B) DEFINITION OF COMPELLING CIRCUMSTANCES.—In this 
paragraph, the term ‘‘compelling circumstances’’ includes, 
but is not limited to, occasions when the Administrator 
determines, in consultation with the Secretary of Defense 
and the Secretary of State, that important national security 
or foreign policy interests would be served by a shuttle 
launch. 
(2) USING
AVAILABLE
CARGO
SPACE
FOR
SECONDARY
PAY-
LOADS.—The policy stated in paragraph (1) shall not preclude 
the use of available cargo space, on a space shuttle mission 
otherwise consistent with the policy described in paragraph 
(1), for the purpose of carrying secondary payloads (as defined 
by the Administrator) that do not require a human presence 
if such payloads are consistent with the requirements of 
research, development, demonstration, scientific, commercial, 
and educational programs authorized by the Administrator. 
(b) ANNUAL REPORT.—At least annually, the Administrator shall 
submit to Congress a report certifying that the payloads scheduled 
to be launched on the space shuttle for the next 4 years are 
consistent with the policy set forth in subsection (a)(1). For each 
payload scheduled to be launched from the space shuttle that does 
not require a human presence, the Administrator shall, in the 
certified report to Congress, state the specific circumstances that 
justified the use of the space shuttle. If, during the period between 
scheduled reports to Congress, any additions are made to the list 
of certified payloads intended to be launched from the shuttle, 
the Administrator shall inform Congress of the additions and the 
reasons therefor within 45 days of the change. 
(c) ADMINISTRATION PAYLOADS.—The report described in sub-
section (b) shall also include those Administration payloads
H. R. 3237—101 
designed solely to fly on the space shuttle which have begun the 
phase C/D of its development cycle. 
§ 70103. Commercial payloads on space shuttle 
(a) DEFINITIONS.—In this section: 
(1) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any 
vehicle constructed for the purpose of operating in, or placing 
a payload in, outer space. 
(2) PAYLOAD.—The term ‘‘payload’’ means an object which 
a person undertakes to place in outer space by means of a 
launch vehicle, and includes subcomponents of the launch 
vehicle specifically designed or adapted for that object. 
(b) IN GENERAL.—Commercial payloads may not be accepted for 
launch as primary payloads on the space shuttle unless the 
Administrator determines that— 
(1) the payload requires the unique capabilities of the space 
shuttle; or 
(2) launching of the payload on the space shuttle is important 
for either national security or foreign policy purposes. 
CHAPTER 703—SHUTTLE PRICING POLICY FOR 
COMMERCIAL AND FOREIGN USERS 
Sec. 
70301.
Congressional findings and declarations. 
70302.
Purpose, policy, and goals. 
70303.
Definition of additive cost. 
70304.
Duties of Administrator. 
§ 70301. Congressional findings and declarations 
Congress finds and declares that— 
(1) the Space Transportation System is a vital element of 
the United States space program, contributing to the United 
States leadership in space research, technology, and develop-
ment; 
(2) the Space Transportation System is the primary space 
launch system for both United States national security and 
civil government missions; 
(3) the Space Transportation System contributes to the expan-
sion of United States private sector investment and involvement 
in space and therefore should serve commercial users; 
(4) the availability of the Space Transportation System to 
foreign users for peaceful purposes is an important means 
of promoting international cooperative activities in the national 
interest and in maintaining access to space for activities which 
enhance the security and welfare of humankind; 
(5) the United States is committed to maintaining world 
leadership in space transportation; 
(6) making the Space Transportation System fully operational 
and cost effective in providing routine access to space will 
maximize the national economic benefits of the system; and 
(7) national goals and the objectives for the Space Transpor-
tation System can be furthered by a stable and fair pricing 
policy for the Space Transportation System.
H. R. 3237—102 
§ 70302. Purpose, policy, and goals 
The purpose of this chapter is to set, for commercial and foreign 
users, the reimbursement pricing policy for the Space Transpor-
tation System that is consistent with the findings included in section 
70301 of this title, encourages the full and effective use of space, 
and is designed to achieve the following goals: 
(1) The preservation of the role of the United States as 
a leader in space research, technology, and development. 
(2) The efficient and cost effective use of the Space Transpor-
tation System. 
(3) The achievement of greatly increased commercial space 
activity. 
(4) The enhancement of the international competitive position 
of the United States. 
§ 70303. Definition of additive cost 
In this chapter, the term ‘‘additive cost’’ means the average direct 
and indirect costs to the Administration of providing additional 
flights of the Space Transportation System beyond the costs associ-
ated with those flights necessary to meet the space transportation 
needs of the United States Government. 
§ 70304. Duties of Administrator 
(a) ESTABLISHMENT
AND IMPLEMENTATION
OF REIMBURSEMENT 
RECOVERY SYSTEM.—The Administrator shall establish and imple-
ment a pricing system to recover reimbursement in accordance 
with the pricing policy under section 70302 of this title from each 
commercial or foreign user of the Space Transportation System, 
which, except as provided in subsections (c), (d), and (e), shall 
include a base price of not less than $74,000,000 for each flight 
of the Space Transportation System in 1982 dollars. 
(b) REPORTS TO CONGRESS.—Each year the Administrator shall 
submit to the President of the Senate, the Speaker of the House 
of Representatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Science and 
Technology of the House of Representatives a report, transmitted 
contemporaneously with the annual budget request of the President, 
which shall inform Congress how the policy goals contained in 
section 70302 of this title are being furthered by the shuttle price 
for foreign and commercial users. 
(c) REDUCTION OF BASE PRICE.— 
(1) AUTHORITY TO REDUCE.—If at any time the Administrator 
finds that the policy goals contained in section 70302 of this 
title are not being achieved, the Administrator shall have 
authority to reduce the base price established in subsection 
(a) after 45 days following receipt by the President of the 
Senate, the Speaker of the House of Representatives, the Com-
mittee on Commerce, Science, and Transportation of the Senate, 
and the Committee on Science and Technology of the House 
of Representatives of a notice by the Administrator containing 
a description of the proposed reduction together with a full 
and complete statement of the facts and circumstances which 
necessitate such proposed reduction. 
(2) MINIMUM PRICE.—In no case shall the minimum price 
established under paragraph (1) be less than additive cost. 
(d) LOW OR NO-COST FLIGHTS.—The Administrator may set a 
price lower than the price determined under subsection (a) or (c),
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or provide no-cost flights, for any commercial or foreign user of 
the Space Transportation System that is involved in research, 
development, or demonstration programs with the Administration. 
(e) CUSTOMER INCENTIVES.—Notwithstanding the provisions of 
subsection (a), the Administrator shall have the authority to offer 
reasonable customer incentives consistent with the policy goals 
in section 70302 of this title. 
CHAPTER 705—EXPLORATION INITIATIVES 
Sec. 
70501.
Space shuttle follow-on. 
70502.
Exploration plan and programs. 
70503.
Ground-based analog capabilities. 
70504.
Stepping stone approach to exploration. 
70505.
Lunar outpost. 
70506.
Exploration technology research. 
70507.
Technology development. 
70508.
Robotic or human servicing of spacecraft. 
§ 70501. Space shuttle follow-on 
(a) POLICY STATEMENT.—It is the policy of the United States 
to possess the capability for human access to space on a continuous 
basis. 
(b) ANNUAL
REPORT.—The Administrator shall transmit an 
annual report to the Committee on Science and Technology of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate describing the progress 
being made toward developing the Crew Exploration Vehicle and 
the Crew Launch Vehicle and the estimated time before they will 
demonstrate crewed, orbital spaceflight. 
§ 70502. Exploration plan and programs 
The Administrator shall— 
(1) construct an architecture and implementation plan for 
the Administration’s human exploration program that is not 
critically dependent on the achievement of milestones by fixed 
dates; 
(2) implement an exploration technology development pro-
gram to enable lunar human and robotic operations consistent 
with section 20302(b) of this title, including surface power 
to use on the Moon and other locations; 
(3) conduct an in-situ resource utilization technology program 
to develop the capability to use space resources to increase 
independence from Earth, and sustain exploration beyond low- 
Earth orbit; and 
(4) pursue aggressively automated rendezvous and docking 
capabilities that can support the International Space Station 
and other mission requirements. 
§ 70503. Ground-based analog capabilities 
(a) IN GENERAL.—The Administrator may establish a ground- 
based analog capability in remote United States locations in order 
to assist in the development of lunar operations, life support, and 
in-situ resource utilization experience and capabilities. 
(b) ENVIRONMENTAL CHARACTERISTICS.—The Administrator shall 
select locations for the activities described in subsection (a) that— 
(1) are regularly accessible;