and the Committee on Commerce, Science, and Transportation of the Sen-
ate describing the efforts by the Administrator to ensure equal access for 
minority and economically disadvantaged students under this section and 
the results of such efforts. As part of the report, the Administrator shall 
provide— 
(1) data on minority participation in the Administration’s education 
programs, at a minimum in the categories of— 
(A) elementary and secondary education; 
(B) undergraduate education; and 
(C) graduate education; and 
(2) the total value of grants the Administration made to Historically 
Black Colleges and Universities and to Hispanic Serving Institutions 
through education programs during the period covered by the report. 
(c) PROGRAM.—The Administrator shall establish the Dr. Mae C. 
Jemison Grant Program to work with Minority Serving Institutions to bring 
more women of color into the field of space and aeronautics. 
§ 40907. Museums 
The Administrator may provide grants to, and enter into cooperative 
agreements with, museums and planetariums to enable them to enhance 
programs related to space exploration, aeronautics, space science, Earth 
science, or microgravity. 
§ 40908. Continuation of certain education programs 
From amounts appropriated to the Administration for education pro-
grams, the Administrator shall ensure the continuation of the Space Grant 
Program, the Experimental Program to Stimulate Competitive Research, 
and, consistent with the results of the review under section 614 of the Na-
tional Aeronautics and Space Administration Authorization Act of 2005 
(Public Law 109–155, 119 Stat. 2933), the Administration Explorer School 
program, to motivate and develop the next generation of explorers. 
§ 40909. Compliance with title IX of Education Amendments 
of 1972 
To comply with title IX of the Education Amendments of 1972 (20 
U.S.C. 1681 et seq.), the Administrator shall conduct compliance reviews 
of at least 2 grantees annually. 
Subtitle V—Programs Targeting 
Commercial Opportunities 
CHAPTER 501—SPACE COMMERCE 
SUBCHAPTER I—GENERAL 
Sec. 
50101.
Definitions. 
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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. 
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(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 
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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. 
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