(1) the good or service meets the mission requirements of the Admin-
istration or the National Oceanic and Atmospheric Administration, as 
appropriate; 
(2) the commercially procured good or service is cost effective; 
(3) the good or service is procured through a competitive process; 
(4) existing or potential customers for the good or service other than 
the United States Government have been specifically identified; 
(5) the long-term viability of the venture is not dependent upon a 
continued Government market or other nonreimbursable Government 
support; and 
(6) private capital is at risk in the venture. 
(b) TERMINATION LIABILITY.— 
(1) IN GENERAL.—Contracts entered into under subsection (a) may 
provide for the payment of termination liability in the event that the 
Government terminates such contracts for its convenience. 
(2) FIXED SCHEDULE OF PAYMENTS AND LIMITATION ON LIABIL-
ITY.—Contracts that provide for the payment of termination liability, 
as described in paragraph (1), shall include a fixed schedule of such 
termination liability payments. Liability under such contracts shall not 
exceed the total payments which the Government would have made 
after the date of termination to purchase the good or service if the con-
tract were not terminated. 
(3) USE OF FUNDS.—Subject to appropriations, funds available for 
such termination liability payments may be used for purchase of the 
good or service upon successful delivery of the good or service pursuant 
to the contract. In such case, sufficient funds shall remain available to 
cover any remaining termination liability. 
(c) LIMITATIONS.— 
(1) DURATION.—Contracts entered into under this section shall not 
exceed 10 years in duration. 
(2) FIXED PRICE.—Such contracts shall provide for delivery of the 
good or service on a firm, fixed price basis. 
(3) PERFORMANCE SPECIFICATIONS.—To the extent practicable, rea-
sonable performance specifications shall be used to define technical re-
quirements in such contracts. 
(4) FAILURE TO PERFORM.—In any such contract, the appropriate 
Administrator shall reserve the right to completely or partially termi-
nate the contract without payment of such termination liability because 
of the contractor’s actual or anticipated failure to perform its contrac-
tual obligations. 
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§ 50504. Use of Government facilities 
(a) AUTHORITY.— 
(1) IN GENERAL.—Federal agencies, including the Administration 
and the Department of Defense, may allow non-Federal entities to use 
their space-related facilities on a reimbursable basis if the Adminis-
trator, the Secretary of Defense, or the appropriate agency head deter-
mines that— 
(A) the facilities will be used to support commercial space activi-
ties; 
(B) such use can be supported by existing or planned Federal 
resources; 
(C) such use is compatible with Federal activities; 
(D) equivalent commercial services are not available on reason-
able terms; and 
(E) such use is consistent with public safety, national security, 
and international treaty obligations. 
(2) CONSULTATION.—In carrying out paragraph (1)(E), each agency 
head shall consult with appropriate Federal officials. 
(b) REIMBURSEMENT PAYMENT.— 
(1) AMOUNT.—The reimbursement referred to in subsection (a) may 
be an amount equal to the direct costs (including salaries of United 
States civilian and contractor personnel) incurred by the United States 
as a result of the use of such facilities by the private sector. For the 
purposes of this paragraph, the term ‘‘direct costs’’ means the actual 
costs that can be unambiguously associated with such use, and would 
not be borne by the United States Government in the absence of such 
use. 
(2) CREDIT TO APPROPRIATION.—The amount of any payment re-
ceived by the United States for use of facilities under this subsection 
shall be credited to the appropriation from which the cost of providing 
such facilities was paid. 
§ 50505. Test facilities 
(a) CHARGES.—The Administrator shall establish a policy of charging 
users of the Administration’s test facilities for the costs associated with 
their tests at a level that is competitive with alternative test facilities. The 
Administrator shall not implement a policy of seeking full cost recovery for 
a facility until at least 30 days after transmitting a notice to the Committee 
on Science and Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate. 
(b) FUNDING ACCOUNT.—In planning and budgeting, the Administrator 
shall establish a funding account that shall be used for all test facilities. 
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The account shall be sufficient to maintain the viability of test facilities dur-
ing periods of low utilization. 
§ 50506. Commercial Space Achievement Award 
(a) ESTABLISHMENT.—There is established a Commercial Space Achieve-
ment Award. The award shall consist of a medal, which shall be of such 
design and materials and bear such inscriptions as determined by the Sec-
retary of Commerce. A cash prize may also be awarded if funding for the 
prize is available under subsection (d). 
(b) CRITERIA FOR AWARD.—The Secretary of Commerce shall periodi-
cally make awards under this section to individuals, corporations, corporate 
divisions, or corporate subsidiaries substantially engaged in commercial 
space activities that in the opinion of the Secretary of Commerce best meet 
the following criteria: 
(1) NON-GOVERNMENTAL REVENUE.—For corporate entities, at least 
half of the revenues from the space-related activities of the corporation, 
division, or subsidiary is derived from sources other than the United 
States Government. 
(2) SUBSTANTIAL CONTRIBUTION.—The activities and achievements 
of the individual, corporation, division, or subsidiary have substantially 
contributed to the United States gross national product and the stature 
of United States industry in international markets, with due consider-
ation for both the economic magnitude and the technical quality of the 
activities and achievements. 
(3) SUBSTANTIAL ADVANCEMENT OF TECHNOLOGY.—The individual, 
corporation, division, or subsidiary has substantially advanced space 
technology and space applications directly related to commercial space 
activities. 
(c) LIMITATIONS.—No individual or corporate entity may receive an 
award under this section more than once every 5 years. 
(d) FUNDING FOR AWARD.—The Secretary of Commerce may seek and 
accept gifts of money from public and private sources for the purpose of 
making cash prize awards under this section. Such money may be used only 
for that purpose, and only such money may be used for that purpose. The 
Secretary of Commerce shall make publicly available an itemized list of the 
sources of such funding. 
CHAPTER 507—OFFICE OF SPACE COMMERCIALIZATION 
Sec. 
50701.
Definition of Office. 
50702.
Establishment. 
50703.
Annual report. 
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§ 50701. Definition of Office 
In this chapter, the term ‘‘Office’’ means the Office of Space Commer-
cialization established in section 50702 of this title. 
§ 50702. Establishment 
(a) IN GENERAL.—There is established within the Department of Com-
merce an Office of Space Commercialization. 
(b) DIRECTOR.—The Office shall be headed by a Director, who shall be 
a senior executive and shall be compensated at a level in the Senior Execu-
tive Service under section 5382 of title 5 as determined by the Secretary 
of Commerce. 
(c) FUNCTIONS OF OFFICE.—The Office shall be the principal unit for 
the coordination of space-related issues, programs, and initiatives within the 
Department of Commerce. 
(d) DUTIES OF DIRECTOR.—The primary responsibilities of the Director 
in carrying out the functions of the Office shall include— 
(1) promoting commercial provider investment in space activities by 
collecting, analyzing, and disseminating information on space markets, 
and conducting workshops and seminars to increase awareness of com-
mercial space opportunities; 
(2) assisting United States commercial providers in the efforts of 
those providers to conduct business with the United States Govern-
ment; 
(3) acting as an industry advocate within the executive branch of the 
Federal Government to ensure that the Federal Government meets the 
space-related requirements of the Federal Government, to the fullest 
extent feasible, using commercially available space goods and services; 
(4) ensuring that the United States Government does not compete 
with United States commercial providers in the provision of space hard-
ware and services otherwise available from United States commercial 
providers; 
(5) promoting the export of space-related goods and services; 
(6) representing the Department of Commerce in the development of 
United States policies and in negotiations with foreign countries to en-
sure free and fair trade internationally in the area of space commerce; 
and 
(7) seeking the removal of legal, policy, and institutional impedi-
ments to space commerce. 
§ 50703. Annual report 
The Secretary of Commerce shall submit an annual report on the activi-
ties of the Office, including planned programs and expenditures, to the 
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