H. R. 3237—72 
§ 50116. Commercial technology transfer program 
(a) IN GENERAL.—The Administrator shall execute a commercial 
technology transfer program with the goal of facilitating the 
exchange of services, products, and intellectual property between 
the Administration and the private sector. This program shall place 
at least as much emphasis on encouraging the transfer of Adminis-
tration 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 provides 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 partici-
pants with at least 45 days notice of any proposed changes to 
the structure of the Administration’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 transpor-
tation services 
(a) IN GENERAL.—Except as otherwise provided in this section, 
the Federal 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 acquire 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 Secretary 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 spe-
cific mission requirements would not be reasonably available 
from United States commercial providers when required; 
(3) the use of space transportation services from United 
States commercial providers poses an unacceptable risk of loss 
of a unique scientific opportunity; 
(4) the use of space transportation services from United 
States commercial providers is inconsistent with national secu-
rity objectives; 
(5) the use of space transportation services from United 
States commercial 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 conjunc-
tion 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,
H. R. 3237—73 
development, demonstration, scientific, commercial, and edu-
cational programs authorized by the Administrator. 
(c) AGREEMENTS WITH FOREIGN ENTITIES.—Nothing in this sec-
tion shall prevent the Administrator from planning or negotiating 
agreements with foreign entities for the launch of Federal Govern-
ment payloads for international collaborative efforts relating to 
science and technology. 
(d) DELAYED EFFECT.—Subsection (a) shall not apply to space 
transportation 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 October 28, 1998. 
(e) HISTORICAL PURPOSES.—This section shall not be construed 
to prohibit the Federal Government from acquiring, owning, or 
maintaining space transportation vehicles solely for historical dis-
play 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 regu-
lations (including chapters 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 con-
strued to prohibit the Federal Government from requiring compli-
ance with applicable safety standards. 
§ 50133. Shuttle privatization 
The Administrator shall prepare for an orderly transition from 
the Federal operation, or Federal management of contracted oper-
ation, of space transportation systems to the Federal purchase 
of commercial space transportation 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 account 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 prepara-
tions, the Administrator shall plan for the potential privatization 
of the space shuttle program. Such plan shall keep safety and 
cost effectiveness as high priorities. Nothing in this section shall 
prohibit the Administration from studying, designing, 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 
transportation 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 converted for use as a space transportation vehicle by the
H. R. 3237—74 
Federal Government if, except as provided in paragraph (2) 
and at least 30 days before 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 Representatives, and 
to the Committee on Armed Services and the Committee on 
Commerce, Science, and Transportation of the Senate, a certifi-
cation that the use of such missile— 
(A) would result in cost savings to the Federal Govern-
ment when compared to the cost of acquiring space 
transportation services from United States commercial pro-
viders; 
(B) meets all mission requirements of the agency, 
including performance, 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 des-
ignee of the Secretary of Defense. 
(2) EXCEPTION
TO
REQUIREMENT
THAT
CERTIFICATION
BE 
TRANSMITTED 30 DAYS BEFORE CONVERSION.—The requirement 
under paragraph (1) that the certification described in that 
paragraph must be transmitted at least 30 days before conver-
sion of the missile shall not apply if the Secretary of Defense 
determines that compliance with that requirement would be 
inconsistent with meeting immediate national security require-
ments. 
(c) MISSILES REFERRED TO.—The missiles referred to in this sec-
tion 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 obliga-
tions of the United States. 
CHAPTER 503—COMMERCIAL REUSABLE IN-SPACE 
TRANSPORTATION 
Sec. 
50301.
Definitions. 
50302.
Loan guarantees for production of commercial reusable in-space transpor-
tation. 
§ 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 transpor-
tation of a payload or object from one orbit to another by 
means of an in-space transportation vehicle. 
(3) IN-SPACE TRANSPORTATION SYSTEM.—The term ‘‘in-space 
transportation system’’ means the space and ground elements,
H. R. 3237—75 
including in-space transportation vehicles and support space 
systems, and ground administration and control facilities and 
associated equipment, necessary 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 Defense. 
(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 
reusable in-space transportation 
(a) AUTHORITY TO MAKE LOAN GUARANTEES.—The Secretary may 
guarantee loans made to eligible United States commercial pro-
viders for purposes of producing commercial reusable in-space 
transportation services or systems. 
(b) ELIGIBLE UNITED STATES COMMERCIAL PROVIDERS.—The Sec-
retary 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 finan-
cially capable of undertaking a loan guaranteed under this section. 
(c) LIMITATION ON LOANS GUARANTEED.—The Secretary may not 
guarantee a loan for a United States commercial provider under 
this section unless 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 guar-
antee under this section an amount equal to the amount, as 
determined by the Secretary, 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 guar-
antee 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— 
(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