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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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