(d) SAFETY STANDARDS.—Nothing in this section shall be construed to 
prohibit the Federal Government from requiring compliance with applicable 
safety standards. 
(e) LIMITATION.—This section does not authorize the Administration to 
provide financial assistance for the development of commercial systems for 
the collection of space science data. 
§ 50114. Administration of commercial space centers 
The Administrator shall administer the Commercial Space Center pro-
gram in a coordinated manner from Administration headquarters in Wash-
ington, D.C. 
§ 50115. Sources of Earth science data 
(a) ACQUISITION.—The Administrator shall, to the extent possible and 
while satisfying the scientific or educational requirements of the Administra-
tion, and where appropriate, of other Federal agencies and scientific re-
searchers, acquire, where cost-effective, space-based and airborne Earth re-
mote sensing data, services, distribution, and applications from a commer-
cial provider. 
(b) TREATMENT AS COMMERCIAL ITEM UNDER ACQUISITION LAWS.—Ac-
quisitions by the Administrator of the data, services, distribution, and appli-
cations referred to in subsection (a) 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, such data, services, 
distribution, and applications 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 providers, sufficient 
rights in data to meet the needs of the scientific and educational community 
or the needs of other government activities. 
(c) SAFETY STANDARDS.—Nothing in this section shall be construed to 
prohibit the Federal Government from requiring compliance with applicable 
safety standards. 
(d) ADMINISTRATION AND EXECUTION.—This section shall be carried out 
as part of the Commercial Remote Sensing Program at the Stennis Space 
Center. 
§ 50116. Commercial technology transfer program 
(a) IN GENERAL.—The Administrator shall execute a commercial tech-
nology transfer program with the goal of facilitating the exchange of serv-
ices, products, and intellectual property between the Administration and the 
private sector. This program shall place at least as much emphasis on en-
couraging the transfer of Administration technology to the private sector 
(‘‘spinning out’’) as on encouraging use of private sector technology by the 
Administration. This program shall be maintained in a manner that pro-
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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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