§ 70101. Recovery of fair value of placing Department of Defense payloads in orbit with space launch system

Notwithstanding any other provision of law, or any interagency agreement, 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 launch system.

§ 70102. Space launch system use policy

• (a) The Space Launch System may be used for the following circumstances:
  • (1) Payloads and missions that contribute to extending human presence beyond low-Earth orbit and substantially benefit from the unique capabilities of the Space Launch System.
  • (2) Other payloads and missions that substantially benefit from the unique capabilities of the Space Launch System.
  • (3) On a space available basis, Federal Government or educational payloads that are consistent with NASA’s mission for exploration beyond low-Earth orbit.
  • (4) Compelling circumstances, as determined by the Administrator.
• (b) The Administrator may plan, negotiate, or implement agreements with foreign entities for the launch of payloads for international collaborative efforts relating to science and technology using the Space Launch System.
• (c) Not later than 30 days after the date the Administrator makes a determination under subsection (a)(4), the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives written notification of the Administrator’s intent to select the Space Launch System for a specific mission under that subsection, including justification for the determination.

§ 70103. Commercial payloads on space launch system

• (a) In this section:
  • (1) The term “launch vehicle” means any vehicle constructed for the purpose of operating in, or placing a payload in, outer space.
  • (2) 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) Commercial payloads may not be accepted for launch as primary payloads on the space launch system unless the Administrator determines that—
  • (1) the payload requires the unique capabilities of the space launch system; or
  • (2) launching of the payload on the space launch system is important for either national security or foreign policy purposes.

§ 70104. Definition of Space Launch System

In this chapter, the term “Space Launch System” means the Space Launch System authorized under section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322 ).