§ 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— 
(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. 
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(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. 
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 
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(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. 
(c) LIMITATION ON LOANS GUARANTEED.—The Secretary may not guar-
antee a loan for a United States commercial provider under this section un-
less the Secretary determines that credit would not otherwise be reasonably 
available at the time of the guarantee for the commercial reusable in-space 
transportation service or system to be produced utilizing the proceeds of the 
loan. 
(d) CREDIT SUBSIDY.— 
(1) COLLECTION REQUIRED.—The Secretary shall collect from each 
United States commercial provider receiving a loan guarantee under 
this section an amount equal to the amount, as determined by the Sec-
retary, to cover the cost, as defined in section 502(5) of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of the loan guarantee. 
(2) PERIODIC DISBURSEMENTS.—In the case of a loan guarantee in 
which proceeds of the loan are disbursed over time, the Secretary shall 
collect the amount required under this subsection on a pro rata basis, 
as determined by the Secretary, at the time of each disbursement. 
(e) OTHER TERMS AND CONDITIONS.— 
(1) PROHIBITION ON SUBORDINATION.—A loan guaranteed under 
this section may not be subordinated to another debt contracted by the 
United States commercial provider concerned, or to any other claims 
against such provider. 
(2) RESTRICTION ON INCOME.—A loan guaranteed under this section 
may not— 
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(A) provide income which is excluded from gross income for 
purposes of chapter 1 of the Internal Revenue Code of 1986 (26 
U.S.C. 1 et seq.); or 
(B) provide significant collateral or security, as determined by 
the Secretary, for other obligations the income from which is so 
excluded. 
(3) TREATMENT OF GUARANTEE.—The guarantee of a loan under 
this section shall be conclusive evidence of the following: 
(A) That the guarantee has been properly obtained. 
(B) That the loan qualifies for the guarantee. 
(C) That, but for fraud or material misrepresentation by the 
holder of the loan, the guarantee is valid, legal, and enforceable. 
(4) OTHER TERMS AND CONDITIONS.—The Secretary may establish 
any other terms and conditions for a guarantee of a loan under this 
section as the Secretary considers appropriate to protect the financial 
interests of the United States. 
(f) ENFORCEMENT OF RIGHTS.— 
(1) IN GENERAL.—The Attorney General may take any action the 
Attorney General considers appropriate to enforce any right accruing 
to the United States under a loan guarantee under this section. 
(2) FORBEARANCE.—The Attorney General may, with the approval 
of the parties concerned, forbear from enforcing any right of the 
United States under a loan guaranteed under this section for the ben-
efit of a United States commercial provider if such forbearance will not 
result in any cost, as defined in section 502(5) of the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661a(5)), to the United States. 
(3) UTILIZATION OF PROPERTY.—Notwithstanding any other provi-
sion of law and subject to the terms of a loan guaranteed under this 
section, upon the default of a United States commercial provider under 
the loan, the Secretary may, at the election of the Secretary— 
(A) assume control of the physical asset financed by the loan; 
and 
(B) complete, recondition, reconstruct, renovate, repair, main-
tain, operate, or sell the physical asset. 
(g) CREDIT INSTRUMENTS.— 
(1) AUTHORITY
TO
ISSUE
INSTRUMENTS.—Notwithstanding any 
other provision of law, the Secretary may, subject to such terms and 
conditions as the Secretary considers appropriate, issue credit instru-
ments to United States commercial providers of in-space transportation 
services or systems, with the aggregate cost (as determined under the 
provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 
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