Page:United States Statutes at Large Volume 124.djvu/3453

124 STAT. 3427 PUBLIC LAW 111–314—DEC. 18, 2010 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