51 U.S.C. § 70102 — Space launch system use policy

Page 169 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70102 ices of the Senate, a report on the extent to which the pilot program has demonstrated data provided under contracts described in paragraph (1) meet the standards and speci- fications established under subsection (b) and the extent to which the pilot program has demonstrated— (A) the viability of assimilating the com- mercially provided data into National Oce- anic and Atmospheric Administration space weather research and forecasting models; (B) whether, and by how much, the data so provided add value to space weather fore- casts of the National Oceanic and Atmos- pheric Administration and the Department of Defense; and (C) the accuracy, quality, timeliness, va- lidity, reliability, usability, information technology security, and cost-effectiveness of obtaining commercial space weather data from commercial sector providers. (Pub. L. 116–181, § 2(b), Oct. 21, 2020, 134 Stat. 891.) Editorial Notes REFERENCES IN TEXT The date of enactment of the PROSWIFT Act, re- ferred to in subsecs. (a), (b), and (c)(2), is the date of en- actment of Pub. L. 116–181, which was approved Oct. 21, 2020. § 60608. Space weather benchmarks The interagency working group established under section 60601(c) shall periodically review and update the benchmarks described in the re- port of the National Science and Technology Council entitled ‘‘Space Weather Phase 1 Bench- marks’’ and dated June 2018, as necessary, based on— (1) any significant new data or advances in scientific understanding that become avail- able; or (2) the evolving needs of entities impacted by space weather phenomena. (Pub. L. 116–181, § 2(b), Oct. 21, 2020, 134 Stat. 892.) Subtitle VII—Access to Space CHAPTER 701—USE OF SPACE LAUNCH SYSTEM OR ALTERNATIVES Sec. 70101. Recovery of fair value of placing Department of Defense payloads in orbit with space launch system. 70102. Space launch system use policy. 70103. Commercial payloads on space launch sys- tem. 70104. Definition of Space Launch System. Editorial Notes AMENDMENTS 2015—Pub. L. 114–90, title I, § 117(a)(1), (b)(2), Nov. 25, 2015, 129 Stat. 717, 718, added item 70104, substituted ‘‘SPACE LAUNCH SYSTEM’’ for ‘‘SPACE SHUTTLE’’ in chapter heading, ‘‘space launch system’’ for ‘‘space shuttle’’ in items 70101 and 70103, and ‘‘Space launch system’’ for ‘‘Space shuttle’’ in item 70102. § 70101. Recovery of fair value of placing Depart- ment of Defense payloads in orbit with space launch system Notwithstanding any other provision of law, or any interagency agreement, the Adminis- trator 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. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3427; Pub. L. 114–90, title I, § 117(a)(2), Nov. 25, 2015, 129 Stat. 717.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70101 .......... 42 U.S.C. 2464. Pub. L. 97–324, title I, § 106(a), Oct. 15, 1982, 96 Stat. 1600. Editorial Notes AMENDMENTS 2015—Pub. L. 114–90 substituted ‘‘space launch sys- tem’’ for ‘‘space shuttle’’ in section catchline and text. § 70102. Space launch system use policy (a) IN GENERAL.—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 Sys- tem. (2) Other payloads and missions that sub- stantially benefit from the unique capabilities of the Space Launch System. (3) On a space available basis, Federal Gov- ernment or educational payloads that are con- sistent with NASA’s mission for exploration beyond low-Earth orbit. (4) Compelling circumstances, as determined by the Administrator. (b) AGREEMENTS WITH FOREIGN ENTITIES.—The Administrator may plan, negotiate, or imple- ment agreements with foreign entities for the launch of payloads for international collabo- rative efforts relating to science and technology using the Space Launch System. (c) COMPELLING CIRCUMSTANCES.—Not later than 30 days after the date the Administrator makes a determination under subsection (a)(4), the Administrator shall transmit to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Science of the House of Representatives written notification of the Administrator’s intent to se- lect the Space Launch System for a specific mis- sion under that subsection, including justifica- tion for the determination. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3427; Pub. L. 114–90, title I, § 117(a)(3), Nov. 25, 2015, 129 Stat. 717.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70102(a) ...... 42 U.S.C. 2465a(a). Pub. L. 101–611, title I, § 112(a), (c), (d), Nov. 16, 1990, 104 Stat. 3198, 3199. 70102(b) ...... 42 U.S.C. 2465a(c). 70102(c) ...... 42 U.S.C. 2465a(d). Page 170 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70103 Editorial Notes AMENDMENTS 2015—Pub. L. 114–90 amended section generally. Prior to amendment, section related to space shuttle use pol- icy. Statutory Notes and Related Subsidiaries FLIGHT OPPORTUNITIES Pub. L. 115–10, title VIII, § 826, Mar. 21, 2017, 131 Stat. 65, provided that: ‘‘(a) DEVELOPMENT OF PAYLOADS.— ‘‘(1) IN GENERAL.—In order to conduct necessary re- search, the Administrator [of the National Aero- nautics and Space Administration] shall continue and, as the Administrator considers appropriate, ex- pand the development of technology payloads for— ‘‘(A) scientific research; and ‘‘(B) investigating new or improved capabilities. ‘‘(2) FUNDS.—For the purpose of carrying out para- graph (1), the Administrator shall make funds avail- able for— ‘‘(A) flight testing; ‘‘(B) payload development; and ‘‘(C) hardware related to subparagraphs (A) and (B). ‘‘(b) REAFFIRMATION OF POLICY.—Congress reaffirms that the Administrator should provide flight opportuni- ties for payloads to microgravity environments and suborbital altitudes as authorized by section 907 of the National Aeronautics and Space Administration Au- thorization Act of 2010 (42 U.S.C. 18405).’’ SECONDARY PAYLOAD CAPABILITY Pub. L. 109–155, title VI, § 602, Dec. 30, 2005, 119 Stat. 2931, provided that: ‘‘(a) IN GENERAL.—In order to provide more routine and affordable access to space for a broad range of sci- entific payloads, the Administrator is encouraged to provide the capabilities to support secondary payload flight opportunities on United States launch vehicles, or free flyers, for satellites or scientific payloads weighing less than 500 kilograms. ‘‘(b) FEASIBILITY STUDY.—The Administrator shall initiate a feasibility study for designating a National Free Flyer Launch Coordination Center as a means of coordinating, consolidating, and integrating secondary launch capabilities, launch opportunities, and pay- loads. ‘‘(c) ASSESSMENT.—The feasibility study required by subsection (b) shall include an assessment of the feasi- bility of integrating a National Free Flyer Launch Co- ordination Center within the operations and facilities of an existing nonprofit organization such as the Inland Northwest Space Alliance in Missoula, Montana, or a similar entity, and shall include an assessment of the potential utilization of existing launch and launch sup- port facilities and capabilities, including but not lim- ited to those in the States of Montana and New Mexico and their respective contiguous States, and the State of Alaska, for the integration and launch of secondary payloads, including an assessment of the feasibility of establishing cooperative agreements among such facili- ties, existing or future commercial launch providers, payload developers, and the designated Coordination Center.’’ § 70103. Commercial payloads on space launch system (a) DEFINITIONS.—In this section: (1) LAUNCH VEHICLE.—The term ‘‘launch ve- hicle’’ 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 ob- ject. (b) IN GENERAL.—Commercial payloads may not be accepted for launch as primary payloads on the space launch system unless the Adminis- trator determines that— (1) the payload requires the unique capabili- ties 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. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3428; Pub. L. 114–90, title I, § 117(a)(4), Nov. 25, 2015, 129 Stat. 718.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70103(a) ...... 42 U.S.C. 2465c. Pub. L. 101–611, title II, § 203, Nov. 16, 1990, 104 Stat. 3206; Pub. L. 105–303, title II, § 203(2), Oct. 28, 1998, 112 Stat. 2855. 70103(b) ...... 42 U.S.C. 2465f. Pub. L. 101–611, title II, § 206, Nov. 16, 1990, 104 Stat. 3207; Pub. L. 105–303, title II, § 203(4), Oct. 28, 1998, 112 Stat. 2855. In subsection (a), the words ‘‘this section’’ are sub- stituted for ‘‘this title’’, meaning title II of Public Law 101–611, because title II of Public Law 101–611 was pre- viously repealed except for section 201 (a short title provision, classified to 42 U.S.C. 2451 note, in which nei- ther defined term appears) and sections 203 (42 U.S.C. 2465c) and 206 (42 U.S.C. 2465f) of Public Law 101–611, which are restated in this section. Editorial Notes AMENDMENTS 2015—Pub. L. 114–90 substituted ‘‘space launch sys- tem’’ for ‘‘space shuttle’’ in section catchline and wher- ever appearing in text. § 70104. Definition of Space Launch System In this chapter, the term ‘‘Space Launch Sys- tem’’ means the Space Launch System author- ized under section 302 of the National Aero- nautics and Space Administration Authoriza- tion Act of 2010 (42 U.S.C. 18322). (Added Pub. L. 114–90, title I, § 117(a)(5), Nov. 25, 2015, 129 Stat. 718.) [CHAPTER 703—REPEALED] [§§ 70301 to 70304. Repealed. Pub. L. 115–10, title IV, § 416(b), Mar. 21, 2017, 131 Stat. 35] Section 70301, Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3428, set out Congressional findings. Section 70302, Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3429, related to purpose, policy, and goals of chap- ter. Section 70303, Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3429, defined ‘‘additive cost’’. Section 70304, Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3429, related to duties of Administrator. CHAPTER 705—EXPLORATION INITIATIVES Sec. 70501. Space shuttle follow-on. 70502. Exploration plan and programs.