SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES 
50111.
Commercialization of Space Station. 
50112.
Promotion of United States Global Positioning System standards. 
50113.
Acquisition of space science data. 
50114.
Administration of commercial space centers. 
50115.
Sources of Earth science data. 
50116.
Commercial technology transfer program. 
SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION 
SERVICES 
50131.
Requirement to procure commercial space transportation services. 
50132.
Acquisition of commercial space transportation services. 
50133.
Shuttle privatization. 
50134.
Use of excess intercontinental ballistic missiles. 
SUBCHAPTER I—GENERAL 
§ 50101. Definitions 
In this chapter: 
(1) COMMERCIAL
PROVIDER.—The term ‘‘commercial provider’’ 
means any person providing space transportation services or other 
space-related activities, primary control of which is held by persons 
other than Federal, State, local, and foreign governments. 
(2) PAYLOAD.—The term ‘‘payload’’ means anything that a person 
undertakes to transport to, from, or within outer space, or in suborbital 
trajectory, by means of a space transportation vehicle, but does not in-
clude the space transportation vehicle itself except for its components 
which are specifically designed or adapted for that payload. 
(3) SPACE-RELATED ACTIVITIES.—The term ‘‘space-related activi-
ties’’ includes research and development, manufacturing, processing, 
service, and other associated and support activities. 
(4) SPACE TRANSPORTATION SERVICES.—The term ‘‘space transpor-
tation services’’ means the preparation of a space transportation vehicle 
and its payloads for transportation to, from, or within outer space, or 
in suborbital trajectory, and the conduct of transporting a payload to, 
from, or within outer space, or in suborbital trajectory. 
(5) SPACE TRANSPORTATION VEHICLE.—The term ‘‘space transpor-
tation vehicle’’ means any vehicle constructed for the purpose of oper-
ating in, or transporting a payload to, from, or within, outer space, or 
in suborbital trajectory, and includes any component of such vehicle not 
specifically designed or adapted for a payload. 
(6) STATE.—The term ‘‘State’’ means each of the several States of 
the Union, the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth 
of the Northern Mariana Islands, and any other commonwealth, terri-
tory, or possession of the United States.
(7) UNITED STATES COMMERCIAL PROVIDER.—The term ‘‘United 
States commercial provider’’ means a commercial provider, organized 
under the laws of the United States or of a State, that is— 
(A) more than 50 percent owned by United States nationals; or 
(B) a subsidiary of a foreign company and the Secretary of 
Transportation finds that— 
(i) such subsidiary has in the past evidenced a substantial 
commitment to the United States market through— 
(I) investments in the United States in long-term re-
search, development, and manufacturing (including the 
manufacture of major components and subassemblies); 
and 
(II) significant contributions to employment in the 
United States; and 
(ii) the country or countries in which such foreign company 
is incorporated or organized, and, if appropriate, in which it 
principally conducts its business, affords reciprocal treatment 
to companies described in subparagraph (A) comparable to 
that afforded to such foreign company’s subsidiary in the 
United States, as evidenced by— 
(I) providing comparable opportunities for companies 
described in subparagraph (A) to participate in Govern-
ment-sponsored research and development similar to that 
authorized under this chapter; 
(II) providing no barriers, to companies described in 
subparagraph (A) with respect to local investment oppor-
tunities, that are not provided to foreign companies in 
the United States; and 
(III) providing adequate and effective protection for 
the intellectual property rights of companies described in 
subparagraph (A). 
SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE 
OPPORTUNITIES 
§ 50111. Commercialization of Space Station 
(a) POLICY.—Congress declares that a priority goal of constructing the 
International Space Station is the economic development of Earth orbital 
space. Congress further declares that free and competitive markets create 
the most efficient conditions for promoting economic development, and 
should therefore govern the economic development of Earth orbital space. 
Congress further declares that the use of free market principles in oper-
ating, servicing, allocating the use of, and adding capabilities to the Space
Station, and the resulting fullest possible engagement of commercial pro-
viders and participation of commercial users, will reduce Space Station oper-
ational costs for all partners and the Federal Government’s share of the 
United States burden to fund operations. 
(b) USE OF UNITED STATES COMMERCIALLY PROVIDED SERVICES.— 
(1) IN GENERAL.—In order to stimulate commercial use of space, 
help maximize the utility and productivity of the International Space 
Station, and enable a commercial means of providing crew transfer and 
crew rescue services for the International Space Station, the Adminis-
tration shall— 
(A) make use of United States commercially provided Inter-
national Space Station crew transfer and crew rescue services to 
the maximum extent practicable, if those commercial services have 
demonstrated the capability to meet Administration-specified as-
cent, entry, and International Space Station proximity operations 
safety requirements; 
(B) limit, to the maximum extent practicable, the use of the 
Crew Exploration Vehicle to missions carrying astronauts beyond 
low Earth orbit once commercial crew transfer and crew rescue 
services that meet safety requirements become operational; 
(C) facilitate, to the maximum extent practicable, the transfer 
of Administration-developed technologies to potential United 
States commercial crew transfer and rescue service providers, con-
sistent with United States law; and 
(D) issue a notice of intent, not later than 180 days after Octo-
ber 15, 2008, to enter into a funded, competitively awarded Space 
Act Agreement with 2 or more commercial entities for a Phase 1 
Commercial Orbital Transportation Services crewed vehicle dem-
onstration program. 
(2) CONGRESSIONAL
INTENT.—It is the intent of Congress that 
funding for the program described in paragraph (1)(D) shall not come 
at the expense of full funding of the amounts authorized under section 
101(3)(A) of the National Aeronautics and Space Administration Au-
thorization Act of 2008 (Public Law 110–422, 122 Stat. 4783), and 
for future fiscal years, for Orion Crew Exploration Vehicle develop-
ment, Ares I Crew Launch Vehicle development, or International Space 
Station cargo delivery. 
(3) ADDITIONAL TECHNOLOGIES.—The Administration shall make 
International Space Station-compatible docking adaptors and other rel-
evant technologies available to the commercial crew providers selected 
to service the International Space Station.
(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
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.
(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;
(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.
§ 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.
(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
(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—
(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
seq.)) of such instruments not to exceed $1,500,000,000, but only to 
the extent that new budget authority to cover such costs is provided 
in subsequent appropriations Acts or authority is otherwise provided in 
subsequent appropriations Acts. 
(2) CREDIT SUBSIDY.—The Secretary shall provide a credit subsidy 
for any credit instrument issued under this subsection in accordance 
with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661 et seq.). 
(3) CONSTRUCTION.—The eligibility of a United States commercial 
provider of in-space transportation services or systems for a credit in-
strument under this subsection is in addition to any eligibility of such 
provider for a loan guarantee under other provisions of this section. 
CHAPTER 505—COMMERCIAL SPACE COMPETITIVENESS 
Sec. 
50501.
Definitions. 
50502.
Launch voucher demonstration program. 
50503.
Anchor tenancy and termination liability. 
50504.
Use of Government facilities. 
50505.
Test facilities. 
50506.
Commercial Space Achievement Award. 
§ 50501. Definitions 
In this chapter: 
(1) AGENCY.—The term ‘‘agency’’ means an executive agency as de-
fined in section 105 of title 5. 
(2) ANCHOR TENANCY.—The term ‘‘anchor tenancy’’ means an ar-
rangement in which the United States Government agrees to procure 
sufficient quantities of a commercial space product or service needed 
to meet Government mission requirements so that a commercial ven-
ture is made viable. 
(3) COMMERCIAL.—The term ‘‘commercial’’ means having— 
(A) private capital at risk; and 
(B) primary financial and management responsibility for the ac-
tivity reside with the private sector. 
(4) COST EFFECTIVE.—The term ‘‘cost effective’’ means costing no 
more than the available alternatives, determined by a comparison of all 
related direct and indirect costs including, in the case of Government 
costs, applicable Government labor and overhead costs as well as con-
tractor charges, and taking into account the ability of each alternative 
to accommodate mission requirements as well as the related factors of 
risk, reliability, schedule, and technical performance. 
(5) LAUNCH.—The term ‘‘launch’’ means to place, or attempt to 
place, a launch vehicle and its payload, if any, in a suborbital trajec-
tory, in Earth orbit in outer space, or otherwise in outer space.
(6) LAUNCH SERVICES.—The term ‘‘launch services’’ means activi-
ties involved in the preparation of a launch vehicle and its payload for 
launch and the conduct of a launch. 
(7) LAUNCH SUPPORT FACILITIES.—The term ‘‘launch support fa-
cilities’’ means facilities located at launch sites or launch ranges that 
are required to support launch activities, including launch vehicle as-
sembly, launch vehicle operations and control, communications, flight 
safety functions, and payload operations, control, and processing. 
(8) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any vehi-
cle constructed for the purpose of operating in or placing a payload in 
outer space or in suborbital trajectories, and includes components of 
that vehicle. 
(9) PAYLOAD.—The term ‘‘payload’’ means an object which a person 
undertakes to launch, and includes subcomponents of the launch vehicle 
specifically designed or adapted for that object. 
(10) PAYLOAD INTEGRATION SERVICES.—The term ‘‘payload inte-
gration services’’ means activities involved in integrating multiple pay-
loads into a single payload for launch or integrating a payload with a 
launch vehicle. 
(11) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘‘space re-
covery support facilities’’ means facilities required to support activities 
related to the recovery of payloads returned from space to a space re-
covery site, including operations and control, communications, flight 
safety functions, and payload processing. 
(12) SPACE TRANSPORTATION INFRASTRUCTURE.—The term ‘‘space 
transportation infrastructure’’ means facilities, associated equipment, 
and real property (including launch sites, launch support facilities, 
space recovery sites, and space recovery support facilities) required to 
perform launch or space recovery activities. 
(13) STATE.—The term ‘‘State’’ means the several States, the Dis-
trict of Columbia, Puerto Rico, American Samoa, the United States 
Virgin Islands, Guam, the Northern Mariana Islands, and any other 
commonwealth, territory, or possession of the United States. 
(14) UNITED STATES.—The term ‘‘United States’’ means the States, 
collectively. 
§ 50502. Launch voucher demonstration program 
(a) REQUIREMENT TO ESTABLISH PROGRAM.—The Administrator shall 
establish a demonstration program to award vouchers for the payment of 
commercial launch services and payload integration services for the purpose 
of launching payloads funded by the Administration.
(b) AWARD
OF VOUCHERS.—The Administrator shall award vouchers 
under subsection (a) to appropriate individuals as a part of grants adminis-
tered by the Administration for the launch of— 
(1) payloads to be placed in suborbital trajectories; and 
(2) small payloads to be placed in orbit. 
(c) ASSISTANCE.—The Administrator may provide voucher award recipi-
ents with such assistance (including contract formulation and technical sup-
port during the proposal evaluation) as may be necessary to ensure the pur-
chase of cost effective and reasonably reliable commercial launch services 
and payload integration services. 
§ 50503. Anchor tenancy and termination liability 
(a) ANCHOR TENANCY CONTRACTS.—Subject to appropriations, the Ad-
ministrator or the Administrator of the National Oceanic and Atmospheric 
Administration may enter into multiyear anchor tenancy contracts for the 
purchase of a good or service if the appropriate Administrator determines 
that— 
(1) the good or service meets the mission requirements of the Admin-
istration or the National Oceanic and Atmospheric Administration, as 
appropriate; 
(2) the commercially procured good or service is cost effective; 
(3) the good or service is procured through a competitive process; 
(4) existing or potential customers for the good or service other than 
the United States Government have been specifically identified; 
(5) the long-term viability of the venture is not dependent upon a 
continued Government market or other nonreimbursable Government 
support; and 
(6) private capital is at risk in the venture. 
(b) TERMINATION LIABILITY.— 
(1) IN GENERAL.—Contracts entered into under subsection (a) may 
provide for the payment of termination liability in the event that the 
Government terminates such contracts for its convenience. 
(2) FIXED SCHEDULE OF PAYMENTS AND LIMITATION ON LIABIL-
ITY.—Contracts that provide for the payment of termination liability, 
as described in paragraph (1), shall include a fixed schedule of such 
termination liability payments. Liability under such contracts shall not 
exceed the total payments which the Government would have made 
after the date of termination to purchase the good or service if the con-
tract were not terminated. 
(3) USE OF FUNDS.—Subject to appropriations, funds available for 
such termination liability payments may be used for purchase of the 
good or service upon successful delivery of the good or service pursuant