(1) COMMERCIAL
PROVIDER.—The term ‘‘commercial provider’’ 
means any person providing space transportation services or other 
space-related activities, primary control of which is held by persons 
other than Federal, State, local, and foreign governments. 
(2) PAYLOAD.—The term ‘‘payload’’ means anything that a person 
undertakes to transport to, from, or within outer space, or in suborbital 
trajectory, by means of a space transportation vehicle, but does not in-
clude the space transportation vehicle itself except for its components 
which are specifically designed or adapted for that payload. 
(3) SPACE-RELATED ACTIVITIES.—The term ‘‘space-related activi-
ties’’ includes research and development, manufacturing, processing, 
service, and other associated and support activities. 
(4) SPACE TRANSPORTATION SERVICES.—The term ‘‘space transpor-
tation services’’ means the preparation of a space transportation vehicle 
and its payloads for transportation to, from, or within outer space, or 
in suborbital trajectory, and the conduct of transporting a payload to, 
from, or within outer space, or in suborbital trajectory. 
(5) SPACE TRANSPORTATION VEHICLE.—The term ‘‘space transpor-
tation vehicle’’ means any vehicle constructed for the purpose of oper-
ating in, or transporting a payload to, from, or within, outer space, or 
in suborbital trajectory, and includes any component of such vehicle not 
specifically designed or adapted for a payload. 
(6) STATE.—The term ‘‘State’’ means each of the several States of 
the Union, the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth 
of the Northern Mariana Islands, and any other commonwealth, terri-
tory, or possession of the United States. 
(7) UNITED STATES COMMERCIAL PROVIDER.—The term ‘‘United 
States commercial provider’’ means a commercial provider, organized 
under the laws of the United States or of a State, that is— 
(A) more than 50 percent owned by United States nationals; or 
(B) a subsidiary of a foreign company and the Secretary of 
Transportation finds that— 
(i) such subsidiary has in the past evidenced a substantial 
commitment to the United States market through— 
(I) investments in the United States in long-term re-
search, development, and manufacturing (including the 
manufacture of major components and subassemblies); 
and 
(II) significant contributions to employment in the 
United States; and 
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(ii) the country or countries in which such foreign company 
is incorporated or organized, and, if appropriate, in which it 
principally conducts its business, affords reciprocal treatment 
to companies described in subparagraph (A) comparable to 
that afforded to such foreign company’s subsidiary in the 
United States, as evidenced by— 
(I) providing comparable opportunities for companies 
described in subparagraph (A) to participate in Govern-
ment-sponsored research and development similar to that 
authorized under this chapter; 
(II) providing no barriers, to companies described in 
subparagraph (A) with respect to local investment oppor-
tunities, that are not provided to foreign companies in 
the United States; and 
(III) providing adequate and effective protection for 
the intellectual property rights of companies described in 
subparagraph (A). 
SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE 
OPPORTUNITIES 
§ 50111. Commercialization of Space Station 
(a) POLICY.—Congress declares that a priority goal of constructing the 
International Space Station is the economic development of Earth orbital 
space. Congress further declares that free and competitive markets create 
the most efficient conditions for promoting economic development, and 
should therefore govern the economic development of Earth orbital space. 
Congress further declares that the use of free market principles in oper-
ating, servicing, allocating the use of, and adding capabilities to the Space 
Station, and the resulting fullest possible engagement of commercial pro-
viders and participation of commercial users, will reduce Space Station oper-
ational costs for all partners and the Federal Government’s share of the 
United States burden to fund operations. 
(b) USE OF UNITED STATES COMMERCIALLY PROVIDED SERVICES.— 
(1) IN GENERAL.—In order to stimulate commercial use of space, 
help maximize the utility and productivity of the International Space 
Station, and enable a commercial means of providing crew transfer and 
crew rescue services for the International Space Station, the Adminis-
tration shall— 
(A) make use of United States commercially provided Inter-
national Space Station crew transfer and crew rescue services to 
the maximum extent practicable, if those commercial services have 
demonstrated the capability to meet Administration-specified as-
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cent, entry, and International Space Station proximity operations 
safety requirements; 
(B) limit, to the maximum extent practicable, the use of the 
Crew Exploration Vehicle to missions carrying astronauts beyond 
low Earth orbit once commercial crew transfer and crew rescue 
services that meet safety requirements become operational; 
(C) facilitate, to the maximum extent practicable, the transfer 
of Administration-developed technologies to potential United 
States commercial crew transfer and rescue service providers, con-
sistent with United States law; and 
(D) issue a notice of intent, not later than 180 days after Octo-
ber 15, 2008, to enter into a funded, competitively awarded Space 
Act Agreement with 2 or more commercial entities for a Phase 1 
Commercial Orbital Transportation Services crewed vehicle dem-
onstration program. 
(2) CONGRESSIONAL
INTENT.—It is the intent of Congress that 
funding for the program described in paragraph (1)(D) shall not come 
at the expense of full funding of the amounts authorized under section 
101(3)(A) of the National Aeronautics and Space Administration Au-
thorization Act of 2008 (Public Law 110–422, 122 Stat. 4783), and 
for future fiscal years, for Orion Crew Exploration Vehicle develop-
ment, Ares I Crew Launch Vehicle development, or International Space 
Station cargo delivery. 
(3) ADDITIONAL TECHNOLOGIES.—The Administration shall make 
International Space Station-compatible docking adaptors and other rel-
evant technologies available to the commercial crew providers selected 
to service the International Space Station. 
(4) CREW TRANSFER AND CREW RESCUE SERVICES CONTRACT.—If 
a commercial provider demonstrates the capability to provide Inter-
national Space Station crew transfer and crew rescue services and to 
satisfy Administration ascent, entry, and International Space Station 
proximity operations safety requirements, the Administration shall 
enter into an International Space Station crew transfer and crew res-
cue services contract with that commercial provider for a portion of the 
Administration’s anticipated International Space Station crew transfer 
and crew rescue requirements from the time the commercial provider 
commences operations under contract with the Administration through 
calendar year 2016, with an option to extend the period of performance 
through calendar year 2020. 
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§ 50112. Promotion of United States Global Positioning Sys-
tem standards 
In order to support and sustain the Global Positioning System in a man-
ner that will most effectively contribute to the national security, public safe-
ty, scientific, and economic interests of the United States, Congress encour-
ages the President to— 
(1) ensure the operation of the Global Positioning System on a con-
tinuous worldwide basis free of direct user fees; 
(2) enter into international agreements that promote cooperation 
with foreign governments and international organizations to— 
(A) establish the Global Positioning System and its augmenta-
tions as an acceptable international standard; and 
(B) eliminate any foreign barriers to applications of the Global 
Positioning System worldwide; and 
(3) provide clear direction and adequate resources to the Assistant 
Secretary of Commerce for Communications and Information so that 
on an international basis the Assistant Secretary can— 
(A) achieve and sustain efficient management of the electro-
magnetic spectrum used by the Global Positioning System; and 
(B) protect that spectrum from disruption and interference. 
§ 50113. Acquisition of space science data 
(a) DEFINITION OF SPACE SCIENCE DATA.—In this section, the term 
‘‘space science data’’ includes scientific data concerning— 
(1) the elemental and mineralogical resources of the moon, asteroids, 
planets and their moons, and comets; 
(2) microgravity acceleration; and 
(3) solar storm monitoring. 
(b) ACQUISITION FROM COMMERCIAL PROVIDERS.—The Administrator 
shall, to the extent possible and while satisfying the scientific or educational 
requirements of the Administration, and where appropriate, of other Federal 
agencies and scientific researchers, acquire, where cost effective, space 
science data from a commercial provider. 
(c) TREATMENT OF SPACE SCIENCE DATA AS COMMERCIAL ITEM UNDER 
ACQUISITION LAWS.—Acquisitions of space science data by the Adminis-
trator shall be carried out in accordance with applicable acquisition laws 
and regulations (including chapters 137 and 140 of title 10). For purposes 
of such law and regulations, space science data shall be considered to be 
a commercial item. Nothing in this subsection shall be construed to preclude 
the United States from acquiring, through contracts with commercial pro-
viders, sufficient rights in data to meet the needs of the scientific and edu-
cational community or the needs of other government activities. 
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