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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 De-
fense payloads in orbit with space shuttle 
Notwithstanding any other provision of law, or any interagency agree-
ment, the Administrator shall charge such prices as are necessary 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 PAYLOADS.— 
The policy stated in paragraph (1) shall not preclude the use of avail-
able cargo space, on a space shuttle mission otherwise consistent with 
the policy described in paragraph (1), for the purpose of carrying sec-
ondary payloads (as defined by the Administrator) that do not require 
a human presence if such payloads are consistent with the require-
ments 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
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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 subsection (b) 
shall also include those Administration payloads 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 vehi-
cle 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 deter-
mines 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 development; 
(2) the Space Transportation System is the primary space launch 
system for both United States national security and civil government 
missions;
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(3) the Space Transportation System contributes to the expansion 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 inter-
national cooperative activities in the national interest and in maintain-
ing 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 na-
tional economic benefits of the system; and 
(7) national goals and the objectives for the Space Transportation 
System can be furthered by a stable and fair pricing policy for the 
Space Transportation System. 
§ 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 Transportation System that 
is consistent with the findings included in section 70301 of this title, en-
courages 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 Transportation 
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 associated with those flights 
necessary to meet the space transportation needs of the United States Gov-
ernment. 
§ 70304. Duties of Administrator 
(a) ESTABLISHMENT AND IMPLEMENTATION OF REIMBURSEMENT RE-
COVERY SYSTEM.—The Administrator shall establish and implement a pric-
ing 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
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(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 Representa-
tives a report, transmitted contemporaneously with the annual budget re-
quest 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 Represent-
atives, the Committee 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 com-
plete statement of the facts and circumstances which necessitate such 
proposed reduction. 
(2) MINIMUM PRICE.—In no case shall the minimum price estab-
lished 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), or provide no- 
cost flights, for any commercial or foreign user of the Space Transportation 
System that is involved in research, development, or demonstration pro-
grams with the Administration. 
(e) CUSTOMER INCENTIVES.—Notwithstanding the provisions of sub-
section (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.
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§ 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 re-
port to the Committee on Science and Technology of the House of Rep-
resentatives 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 Ad-
ministration’s human exploration program that is not critically depend-
ent on the achievement of milestones by fixed dates; 
(2) implement an exploration technology development program to en-
able 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 de-
velop 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 capabili-
ties 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 ana-
log capability in remote United States locations in order to assist in the de-
velopment 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; 
(2) have significant temperature extremes and range; and 
(3) have access to energy and natural resources (including geo-
thermal, permafrost, volcanic, or other potential resources). 
(c) INVOLVEMENT OF LOCAL POPULATIONS AND PRIVATE SECTOR PART-
NERS.—In carrying out this section, the Administrator shall involve local 
populations, academia, and industrial partners as much as possible to en-
sure that ground-based benefits and applications are encouraged and devel-
oped.
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§ 70504. Stepping stone approach to exploration 
In order to maximize the cost-effectiveness of the long-term exploration 
and utilization activities of the United States, the Administrator shall take 
all necessary steps, including engaging international partners, to ensure that 
activities in its lunar exploration program shall be designed and imple-
mented in a manner that gives strong consideration to how those activities 
might also help meet the requirements of future exploration and utilization 
activities beyond the Moon. The timetable of the lunar phase of the long- 
term international exploration initiative shall be determined by the avail-
ability of funding. However, once an exploration-related project enters its 
development phase, the Administrator shall seek, to the maximum extent 
practicable, to complete that project without undue delays. 
§ 70505. Lunar outpost 
(a) ESTABLISHMENT.—As the Administration works toward the establish-
ment of a lunar outpost, the Administration shall make no plans that would 
require a lunar outpost to be occupied to maintain its viability. Any such 
outpost shall be operable as a human-tended facility capable of remote or 
autonomous operation for extended periods. 
(b) DESIGNATION.—The United States portion of the first human-tended 
outpost established on the surface of the Moon shall be designated the ‘‘Neil 
A. Armstrong Lunar Outpost’’. 
§ 70506. Exploration technology research 
The Administrator shall carry out a program of long-term exploration-re-
lated technology research and development, including such things as in- 
space propulsion, power systems, life support, and advanced avionics, that 
is not tied to specific flight projects. The program shall have the funding 
goal of ensuring that the technology research and development can be com-
pleted in a timely manner in order to support the safe, successful, and sus-
tainable exploration of the solar system. In addition, in order to ensure that 
the broadest range of innovative concepts and technologies are captured, the 
long-term technology program shall have the goal of having a significant 
portion of its funding available for external grants and contracts with uni-
versities, research institutions, and industry. 
§ 70507. Technology development 
The Administrator shall establish an intra-Directorate long-term tech-
nology development program for space and Earth science within the Science 
Mission Directorate for the development of new technology. The program 
shall be independent of the flight projects under development. The Adminis-
tration shall have a goal of funding the intra-Directorate technology devel-
opment program at a level of 5 percent of the total Science Mission Direc-
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torate annual budget. The program shall be structured to include competi-
tively awarded grants and contracts. 
§ 70508. Robotic or human servicing of spacecraft 
The Administrator shall take all necessary steps to ensure that provision 
is made in the design and construction of all future observatory-class sci-
entific spacecraft intended to be deployed in Earth orbit or at a Lagrangian 
point in space for robotic or human servicing and repair to the extent prac-
ticable and appropriate. 
CHAPTER 707—HUMAN SPACE FLIGHT INDEPENDENT 
INVESTIGATION COMMISSION 
Sec. 
70701.
Definitions. 
70702.
Establishment of Commission. 
70703.
Tasks of Commission. 
70704.
Composition of Commission. 
70705.
Powers of Commission. 
70706.
Public meetings, information, and hearings. 
70707.
Staff of Commission. 
70708.
Compensation and travel expenses. 
70709.
Security clearances for Commission members and staff. 
70710.
Reporting requirements and termination. 
§ 70701. Definitions 
In this chapter: 
(1) COMMISSION.—The term ‘‘Commission’’ means a Commission es-
tablished under this chapter. 
(2) INCIDENT.—The term ‘‘incident’’ means either an accident or a 
deliberate act. 
§ 70702. Establishment of Commission 
(a) ESTABLISHMENT.—The President shall establish an independent, 
nonpartisan Commission within the executive branch to investigate any inci-
dent that results in the loss of— 
(1) a space shuttle; 
(2) the International Space Station or its operational viability; 
(3) any other United States space vehicle carrying humans that is 
owned by the Federal Government or that is being used pursuant to 
a contract with the Federal Government; or 
(4) a crew member or passenger of any space vehicle described in 
this subsection. 
(b) DEADLINE FOR ESTABLISHMENT.—The President shall establish a 
Commission within 7 days after an incident specified in subsection (a). 
§ 70703. Tasks of Commission 
A Commission established pursuant to this chapter shall, to the extent 
possible, undertake the following tasks: 
(1) INVESTIGATION.—Investigate the incident.
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(2) CAUSE.—Determine the cause of the incident. 
(3) CONTRIBUTING FACTORS.—Identify all contributing factors to 
the cause of the incident. 
(4) RECOMMENDATIONS.—Make recommendations for corrective ac-
tions. 
(5) ADDITIONAL
FINDINGS
OR
RECOMMENDATIONS.—Provide any 
additional findings or recommendations deemed by the Commission to 
be important, whether or not they are related to the specific incident 
under investigation. 
(6) REPORT.—Prepare a report to Congress, the President, and the 
public. 
§ 70704. Composition of Commission 
(a) NUMBER OF COMMISSIONERS.—A Commission established pursuant 
to this chapter shall consist of 15 members. 
(b) SELECTION.—The members of a Commission shall be chosen in the 
following manner: 
(1) APPOINTMENT BY PRESIDENT.—The President shall appoint the 
members, and shall designate the Chairman and Vice Chairman of the 
Commission from among its members. 
(2) LISTS
PROVIDED
BY
LEADERS
OF
CONGRESS.—The majority 
leader of the Senate, the minority leader of the Senate, the Speaker 
of the House of Representatives, and the minority leader of the House 
of Representatives shall each provide to the President a list of can-
didates for membership on the Commission. The President may select 
one of the candidates from each of the 4 lists for membership on the 
Commission. 
(3) PROHIBITION REGARDING FEDERAL OFFICERS AND EMPLOYEES 
AND MEMBERS OF CONGRESS.—No officer or employee of the Federal 
Government or Member of Congress shall serve as a member of the 
Commission. 
(4) PROHIBITION REGARDING CONTRACTORS.—No member of the 
Commission shall have, or have pending, a contractual relationship with 
the Administration. 
(5) PROHIBITION REGARDING CONFLICT OF INTEREST.—The Presi-
dent shall not appoint any individual as a member of a Commission 
under this section who has a current or former relationship with the 
Administrator that the President determines would constitute a conflict 
of interest. 
(6) EXPERIENCE.—To the extent practicable, the President shall en-
sure that the members of the Commission include some individuals with 
experience relative to human carrying spacecraft, as well as some indi-
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viduals with investigative experience and some individuals with legal ex-
perience. 
(7) DIVERSITY.—To the extent practicable, the President shall seek 
diversity in the membership of the Commission. 
(c) DEADLINE FOR APPOINTMENT.—All members of a Commission estab-
lished under this chapter shall be appointed no later than 30 days after the 
incident. 
(d) INITIAL MEETING.—A Commission shall meet and begin operations 
as soon as practicable. 
(e) SUBSEQUENT MEETINGS.—After its initial meeting, a Commission 
shall meet upon the call of the Chairman or a majority of its members. 
(f) QUORUM.—Eight members of a Commission shall constitute a 
quorum. 
(g) VACANCIES.—Any vacancy in a Commission shall not affect its pow-
ers, but shall be filled in the same manner in which the original appoint-
ment was made. 
§ 70705. Powers of Commission 
(a) HEARINGS AND EVIDENCE.—A Commission or, on the authority of 
the Commission, any subcommittee or member thereof, may, for the purpose 
of carrying out this chapter— 
(1) hold such hearings and sit and act at such times and places, take 
such testimony, receive such evidence, administer such oaths; and 
(2) require, by subpoena or otherwise, the attendance and testimony 
of such witnesses and the production of such books, records, cor-
respondence, memoranda, papers, and documents, 
as the Commission or such designated subcommittee or member may deter-
mine advisable. 
(b) CONTRACTING.—A Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to en-
able the Commission to discharge its duties under this chapter. 
(c) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—A Commission may secure directly from any exec-
utive department, bureau, agency, board, commission, office, inde-
pendent establishment, or instrumentality of the Government, informa-
tion, suggestions, estimates, and statistics for the purposes of this 
chapter. Each department, bureau, agency, board, commission, office, 
independent establishment, or instrumentality shall, to the extent au-
thorized by law, furnish such information, suggestions, estimates, and 
statistics directly to the Commission, upon request made by the Chair-
man, the chairman of any subcommittee created by a majority of the