(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. 
§ 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 
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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. 
(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. 
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(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-
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; 
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(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. 
(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. 
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