vides clear benefits for the Administration, the domestic economy, and the 
research community. 
(b) PROGRAM STRUCTURE.—In carrying out the program described in 
subsection (a), the Administrator shall provide program participants with at 
least 45 days notice of any proposed changes to the structure of the Admin-
istration’s technology transfer and commercialization organizations that is 
in effect as of December 30, 2005. 
SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE 
TRANSPORTATION SERVICES 
§ 50131. Requirement to procure commercial space trans-
portation services 
(a) IN GENERAL.—Except as otherwise provided in this section, the Fed-
eral Government shall acquire space transportation services from United 
States commercial providers whenever such services are required in the 
course of its activities. To the maximum extent practicable, the Federal 
Government shall plan missions to accommodate the space transportation 
services capabilities of United States commercial providers. 
(b) EXCEPTIONS.—The Federal Government shall not be required to ac-
quire space transportation services under subsection (a) if, on a case-by-case 
basis, the Administrator or, in the case of a national security issue, the Sec-
retary of the Air Force, determines that— 
(1) a payload requires the unique capabilities of the space shuttle; 
(2) cost effective space transportation services that meet specific 
mission requirements would not be reasonably available from United 
States commercial providers when required; 
(3) the use of space transportation services from United States com-
mercial providers poses an unacceptable risk of loss of a unique sci-
entific opportunity; 
(4) the use of space transportation services from United States com-
mercial providers is inconsistent with national security objectives; 
(5) the use of space transportation services from United States com-
mercial providers is inconsistent with international agreements for 
international collaborative efforts relating to science and technology; 
(6) it is more cost effective to transport a payload in conjunction 
with a test or demonstration of a space transportation vehicle owned 
by the Federal Government; or 
(7) a payload can make use of the available cargo space on a space 
shuttle mission as a secondary payload, and such payload is consistent 
with the requirements of research, development, demonstration, sci-
entific, commercial, and educational programs authorized by the Ad-
ministrator. 
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(c) AGREEMENTS WITH FOREIGN ENTITIES.—Nothing in this section 
shall prevent the Administrator from planning or negotiating agreements 
with foreign entities for the launch of Federal Government payloads for 
international collaborative efforts relating to science and technology. 
(d) DELAYED EFFECT.—Subsection (a) shall not apply to space transpor-
tation services and space transportation vehicles acquired or owned by the 
Federal Government before October 28, 1998, or with respect to which a 
contract for such acquisition or ownership has been entered into before Oc-
tober 28, 1998. 
(e) HISTORICAL PURPOSES.—This section shall not be construed to pro-
hibit the Federal Government from acquiring, owning, or maintaining space 
transportation vehicles solely for historical display purposes. 
§ 50132. Acquisition of commercial space transportation 
services 
(a) TREATMENT OF COMMERCIAL SPACE TRANSPORTATION SERVICES AS 
COMMERCIAL ITEM UNDER ACQUISITION LAWS.—Acquisitions of space 
transportation services by the Federal Government shall be carried out in 
accordance with applicable acquisition laws and regulations (including chap-
ters 137 and 140 of title 10). For purposes of such law and regulations, 
space transportation services shall be considered to be a commercial item. 
(b) SAFETY STANDARDS.—Nothing in this section shall be construed to 
prohibit the Federal Government from requiring compliance with applicable 
safety standards. 
§ 50133. Shuttle privatization 
The Administrator shall prepare for an orderly transition from the Fed-
eral operation, or Federal management of contracted operation, of space 
transportation systems to the Federal purchase of commercial space trans-
portation services for all nonemergency space transportation requirements 
for transportation to and from Earth orbit, including human, cargo, and 
mixed payloads. In those preparations, the Administrator shall take into ac-
count the need for short-term economies, as well as the goal of restoring 
the Administration’s research focus and its mandate to promote the fullest 
possible commercial use of space. As part of those preparations, the Admin-
istrator shall plan for the potential privatization of the space shuttle pro-
gram. Such plan shall keep safety and cost effectiveness as high priorities. 
Nothing in this section shall prohibit the Administration from studying, de-
signing, developing, or funding upgrades or modifications essential to the 
safe and economical operation of the space shuttle fleet. 
§ 50134. Use of excess intercontinental ballistic missiles 
(a) IN GENERAL.—The Federal Government shall not— 
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(1) convert any missile described in subsection (c) to a space trans-
portation vehicle configuration; or 
(2) transfer ownership of any such missile to another person, except 
as provided in subsection (b). 
(b) AUTHORIZED FEDERAL USES.— 
(1) IN GENERAL.—A missile described in subsection (c) may be con-
verted for use as a space transportation vehicle by the Federal Govern-
ment if, except as provided in paragraph (2) and at least 30 days be-
fore such conversion, the agency seeking to use the missile as a space 
transportation vehicle transmits to the Committee on Armed Services 
and the Committee on Science and Technology of the House of Rep-
resentatives, and to the Committee on Armed Services and the Com-
mittee on Commerce, Science, and Transportation of the Senate, a cer-
tification that the use of such missile— 
(A) would result in cost savings to the Federal Government 
when compared to the cost of acquiring space transportation serv-
ices from United States commercial providers; 
(B) meets all mission requirements of the agency, including per-
formance, schedule, and risk requirements; 
(C) is consistent with international obligations of the United 
States; and 
(D) is approved by the Secretary of Defense or the designee of 
the Secretary of Defense. 
(2) EXCEPTION TO REQUIREMENT THAT CERTIFICATION BE TRANS-
MITTED 30 DAYS BEFORE CONVERSION.—The requirement under para-
graph (1) that the certification described in that paragraph must be 
transmitted at least 30 days before conversion of the missile shall not 
apply if the Secretary of Defense determines that compliance with that 
requirement would be inconsistent with meeting immediate national se-
curity requirements. 
(c) MISSILES REFERRED TO.—The missiles referred to in this section are 
missiles owned by the United States that— 
(1) were formerly used by the Department of Defense for national 
defense purposes as intercontinental ballistic missiles; and 
(2) have been declared excess to United States national defense 
needs and are in compliance with international obligations of the 
United States. 
CHAPTER 503—COMMERCIAL REUSABLE IN-SPACE 
TRANSPORTATION 
Sec. 
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50301.
Definitions. 
50302.
Loan guarantees for production of commercial reusable in-space transportation. 
§ 50301. Definitions 
In this chapter: 
(1) COMMERCIAL
PROVIDER.—The term ‘‘commercial provider’’ 
means any person or entity providing commercial reusable in-orbit 
space transportation services or systems, primary control of which is 
held by persons other than the Federal Government, a State or local 
government, or a foreign government. 
(2) IN-SPACE
TRANSPORTATION
SERVICES.—The term ‘‘in-space 
transportation services’’ means operations and activities involved in the 
direct transportation or attempted transportation of a payload or object 
from one orbit to another by means of an in-space transportation vehi-
cle. 
(3) IN-SPACE TRANSPORTATION SYSTEM.—The term ‘‘in-space trans-
portation system’’ means the space and ground elements, including in- 
space transportation vehicles and support space systems, and ground 
administration and control facilities and associated equipment, nec-
essary for the provision of in-space transportation services. 
(4) IN-SPACE
TRANSPORTATION
VEHICLE.—The term ‘‘in-space 
transportation vehicle’’ means a vehicle designed— 
(A) to be based and operated in space; 
(B) to transport various payloads or objects from one orbit to 
another orbit; and 
(C) to be reusable and refueled in space. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of De-
fense. 
(6) UNITED STATES COMMERCIAL PROVIDER.—The term ‘‘United 
States commercial provider’’ means any commercial provider organized 
under the laws of the United States that is more than 50 percent 
owned by United States nationals. 
§ 50302. Loan guarantees for production of commercial reus-
able in-space transportation 
(a) AUTHORITY TO MAKE LOAN GUARANTEES.—The Secretary may 
guarantee loans made to eligible United States commercial providers for 
purposes of producing commercial reusable in-space transportation services 
or systems. 
(b) ELIGIBLE UNITED STATES COMMERCIAL PROVIDERS.—The Secretary 
shall prescribe requirements for the eligibility of United States commercial 
providers for loan guarantees under this section. Such requirements shall 
ensure that eligible providers are financially capable of undertaking a loan 
guaranteed under this section. 
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