-CITE-

42 USC CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND

TRANSPORTATION SERVICES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

-HEAD-

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

-MISC1-

Sec.

14701. Definitions.

SUBCHAPTER I - PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

14711. Commercialization of Space Station.

(a) Policy.

(b) Reports.

14712. Promotion of United States Global Positioning System

standards.

(a) Finding.

(b) International cooperation.

14713. Acquisition of space science data.

(a) Acquisition from commercial providers.

(b) Treatment of space science data as commercial

item under acquisition laws.

(c) Definition.

(d) Safety standards.

(e) Limitation.

14714. Administration of commercial space centers.

14715. Sources of Earth Science data.

(a) Acquisition.

(b) Treatment as commercial item under acquisition

laws.

(c) Study.

(d) Safety standards.

(e) Administration and execution.

SUBCHAPTER II - FEDERAL ACQUISITION OF SPACE TRANSPORTATION

SERVICES

14731. Requirement to procure commercial space transportation

services.

(a) In general.

(b) Exceptions.

(c) Delayed effect.

(d) Historical purposes.

14732. Acquisition of commercial space transportation

services.

(a) Treatment of commercial space transportation

services as commercial item under acquisition

laws.

(b) Safety standards.

14733. Shuttle privatization.

(a) Policy and preparation.

(b) Feasibility study.

(c) Report to Congress.

14734. Use of excess intercontinental ballistic missiles.

(a) In general.

(b) Authorized Federal uses.

(c) Missiles referred to.

14735. National launch capability study.

(a) Findings.

(b) Definitions.

(c) Report.

(d) Recommendations.

SUBCHAPTER III - COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION

14751. Findings.

14752. Loan guarantees for production of commercial reusable

in-space transportation.

(a) Authority to make loan guarantees.

(b) Eligible United States commercial providers.

(c) Limitation on loans guaranteed.

(d) Credit subsidy.

(e) Other terms and conditions.

(f) Enforcement of rights.

(g) Credit instruments.

14753. Definitions.

-End-

-CITE-

42 USC Sec. 14701 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

-HEAD-

Sec. 14701. Definitions

-STATUTE-

For purposes of this Act -

(1) the term "Administrator" means the Administrator of the

National Aeronautics and Space Administration;

(2) 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;

(3) 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 include the space transportation vehicle itself except for

its components which are specifically designed or adapted for

that payload;

(4) the term "space-related activities" includes research and

development, manufacturing, processing, service, and other

associated and support activities;

(5) the term "space transportation 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;

(6) the term "space transportation vehicle" means any vehicle

constructed for the purpose of operating 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;

(7) 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, territory,

or possession of the United States; and

(8) the term "United States commercial provider" means a

commercial provider, organized under the laws of the United

States or of a State, which 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

research, 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 Government

sponsored research and development similar to that

authorized under this Act;

(II) providing no barriers, to companies described in

subparagraph (A) with respect to local investment

opportunities, 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).

-SOURCE-

(Pub. L. 105-303, Sec. 2, Oct. 28, 1998, 112 Stat. 2843.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 105-303, Oct. 28, 1998,

112 Stat. 2843, which is classified principally to this chapter.

For complete classification of this Act to the Code, see Short

Title note set out below and Tables.

-MISC1-

SHORT TITLE

Pub. L. 105-303, Sec. 1(a), Oct. 28, 1998, 112 Stat. 2843,

provided that: "This Act [enacting this section, subchapters I and

II of this chapter, and sections 70120 and 70121 of Title 49,

Transportation, amending sections 2465c and 2465f of this title,

sections 5621, 5622, and 5803 of Title 15, Commerce and Trade, and

sections 70101 to 70106, 70108 to 70113, 70115, 70117, and 70119 of

Title 49, repealing sections 2465b, 2465d, and 2465e of this title,

and enacting provisions set out as a note under section 70105 of

Title 49] may be cited as the 'Commercial Space Act of 1998'."

Pub. L. 107-248, title IX, Sec. 901, Oct. 23, 2002, 116 Stat.

1573, provided that: "This title [enacting subchapter III of this

chapter] may be cited as the 'Commercial Reusable In-Space

Transportation Act of 2002'."

-End-

-CITE-

42 USC SUBCHAPTER I - PROMOTION OF COMMERCIAL SPACE

OPPORTUNITIES 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER I - PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

-HEAD-

SUBCHAPTER I - PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

-End-

-CITE-

42 USC Sec. 14711 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER I - PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

-HEAD-

Sec. 14711. Commercialization of Space Station

-STATUTE-

(a) Policy

The Congress declares that a priority goal of constructing the

International Space Station is the economic development of Earth

orbital space. The 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. The Congress further

declares that the use of free market principles in operating,

servicing, allocating the use of, and adding capabilities to the

Space Station, and the resulting fullest possible engagement of

commercial providers and participation of commercial users, will

reduce Space Station operational costs for all partners and the

Federal Government's share of the United States burden to fund

operations.

(b) Reports

(1) The Administrator shall deliver to the Committee on Science

of the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate, within 90 days after

October 28, 1998, a study that identifies and examines -

(A) the opportunities for commercial providers to play a role

in International Space Station activities, including operation,

use, servicing, and augmentation;

(B) the potential cost savings to be derived from commercial

providers playing a role in each of these activities;

(C) which of the opportunities described in subparagraph (A)

the Administrator plans to make available to commercial providers

in fiscal years 1999 and 2000;

(D) the specific policies and initiatives the Administrator is

advancing to encourage and facilitate these commercial

opportunities; and

(E) the revenues and cost reimbursements to the Federal

Government from commercial users of the Space Station.

(2) The Administrator shall deliver to the Committee on Science

of the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate, within 180 days after

October 28, 1998, an independently conducted market study that

examines and evaluates potential industry interest in providing

commercial goods and services for the operation, servicing, and

augmentation of the International Space Station, and in the

commercial use of the International Space Station. This study shall

also include updates to the cost savings and revenue estimates made

in the study described in paragraph (1) based on the external

market assessment.

(3) The Administrator shall deliver to the Congress, no later

than the submission of the President's annual budget request for

fiscal year 2000, a report detailing how many proposals (whether

solicited or not) the National Aeronautics and Space Administration

received during calendar years 1997 and 1998 regarding commercial

operation, servicing, utilization, or augmentation of the

International Space Station, broken down by each of these four

categories, and specifying how many agreements the National

Aeronautics and Space Administration has entered into in response

to these proposals, also broken down by these four categories.

(4) Each of the studies and reports required by paragraphs (1),

(2), and (3) shall include consideration of the potential role of

State governments as brokers in promoting commercial participation

in the International Space Station program.

-SOURCE-

(Pub. L. 105-303, title I, Sec. 101, Oct. 28, 1998, 112 Stat.

2845.)

-MISC1-

SPACE STATION COMMERCIAL DEVELOPMENT DEMONSTRATION PROGRAM

Pub. L. 106-74, title IV, Sec. 434, Oct. 20, 1999, 113 Stat.

1097, as amended by Pub. L. 106-391, title II, Sec. 204, Oct. 30,

2000, 114 Stat. 1590, provided that:

"(a) Purpose. - The purpose of this section is to establish a

demonstration regarding the commercial feasibility and economic

viability of private sector business operations involving the

International Space Station and its related infrastructure. The

goal will be furthered by the early use of the International Space

Station by United States commercial entities committing private

capital to commercial enterprises on the International Space

Station. In conjunction with this demonstration program, the

National Aeronautics and Space Administration (NASA) shall

establish and publish a price policy designed to eliminate price

uncertainty for those planning to utilize the International Space

Station and its related facilities for United States commercial

use.

"(b) Use of Receipts for Commercial Use. - Any receipts collected

by NASA from the commercial use of the International Space Station

shall first be used to offset any costs incurred by NASA in support

of the United States commercial use of the International Space

Station. Any receipts collected in excess of the costs identified

pursuant to the prior sentence may be retained by NASA for use

without fiscal year limitation in promoting the commercial use of

the International Space Station.

"(c) Report. - NASA shall submit an annual report to the Congress

that identifies all receipts that are collected under this section,

the use of the receipts and the status of the demonstration. NASA

shall submit a final report on the status of the demonstration,

including any recommendation for expansion, within 120 days of the

completion of the assembly of the International Space Station or

the end of fiscal year 2002, whichever is earlier.

"(d) Definitions. - As used in this section, the term 'United

States commercial use' means private commercial projects that are

designed to benefit the United States through the sales of goods or

services or the creation of jobs, or both.

"(e) Termination. - The demonstration program established under

this section shall apply to United States commercial use agreements

that are entered into prior to the date of the completion of the

International Space Station or the end of fiscal year 2002,

whichever is earlier."

-End-

-CITE-

42 USC Sec. 14712 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER I - PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

-HEAD-

Sec. 14712. Promotion of United States Global Positioning System

standards

-STATUTE-

(a) Finding

The Congress finds that the Global Positioning System, including

satellites, signal equipment, ground stations, data links, and

associated command and control facilities, has become an essential

element in civil, scientific, and military space development

because of the emergence of a United States commercial industry

which provides Global Positioning System equipment and related

services.

(b) International cooperation

In order to support and sustain the Global Positioning System in

a manner that will most effectively contribute to the national

security, public safety, scientific, and economic interests of the

United States, the Congress encourages the President to -

(1) ensure the operation of the Global Positioning System on a

continuous 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

augmentations 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

electromagnetic spectrum used by the Global Positioning System;

and

(B) protect that spectrum from disruption and interference.

-SOURCE-

(Pub. L. 105-303, title I, Sec. 104, Oct. 28, 1998, 112 Stat.

2852.)

-End-

-CITE-

42 USC Sec. 14713 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER I - PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

-HEAD-

Sec. 14713. Acquisition of space science data

-STATUTE-

(a) Acquisition from commercial providers

The Administrator shall, to the extent possible and while

satisfying the scientific or educational requirements of the

National Aeronautics and Space Administration, and where

appropriate, of other Federal agencies and scientific researchers,

acquire, where cost effective, space science data from a commercial

provider.

(b) Treatment of space science data as commercial item under

acquisition laws

Acquisitions of space science data by the Administrator 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 providers, sufficient rights in

data to meet the needs of the scientific and educational community

or the needs of other government activities.

(c) Definition

For purposes of 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.

(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 National Aeronautics and

Space Administration to provide financial assistance for the

development of commercial systems for the collection of space

science data.

-SOURCE-

(Pub. L. 105-303, title I, Sec. 105, Oct. 28, 1998, 112 Stat.

2852.)

-End-

-CITE-

42 USC Sec. 14714 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER I - PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

-HEAD-

Sec. 14714. Administration of commercial space centers

-STATUTE-

The Administrator shall administer the Commercial Space Center

program in a coordinated manner from National Aeronautics and Space

Administration headquarters in Washington, D.C.

-SOURCE-

(Pub. L. 105-303, title I, Sec. 106, Oct. 28, 1998, 112 Stat.

2853.)

-End-

-CITE-

42 USC Sec. 14715 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER I - PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

-HEAD-

Sec. 14715. Sources of Earth Science data

-STATUTE-

(a) Acquisition

The Administrator shall, to the extent possible and while

satisfying the scientific or educational requirements of the

National Aeronautics and Space Administration, and where

appropriate, of other Federal agencies and scientific researchers,

acquire, where cost-effective, space-based and airborne Earth

remote sensing data, services, distribution, and applications from

a commercial provider.

(b) Treatment as commercial item under acquisition laws

Acquisitions by the Administrator of the data, services,

distribution, and applications referred to in subsection (a) of

this section 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) Study

(1) The Administrator shall conduct a study to determine the

extent to which the baseline scientific requirements of Earth

Science can be met by commercial providers, and how the National

Aeronautics and Space Administration will meet such requirements

which cannot be met by commercial providers.

(2) The study conducted under this subsection shall -

(A) make recommendations to promote the availability of

information from the National Aeronautics and Space

Administration to commercial providers to enable commercial

providers to better meet the baseline scientific requirements of

Earth Science;

(B) make recommendations to promote the dissemination to

commercial providers of information on advanced technology

research and development performed by or for the National

Aeronautics and Space Administration; and

(C) identify policy, regulatory, and legislative barriers to

the implementation of the recommendations made under this

subsection.

(3) The results of the study conducted under this subsection

shall be transmitted to the Congress within 6 months after October

28, 1998.

(d) Safety standards

Nothing in this section shall be construed to prohibit the

Federal Government from requiring compliance with applicable safety

standards.

(e) Administration and execution

This section shall be carried out as part of the Commercial

Remote Sensing Program at the Stennis Space Center.

-SOURCE-

(Pub. L. 105-303, title I, Sec. 107, Oct. 28, 1998, 112 Stat.

2853.)

-COD-

CODIFICATION

Section is comprised of section 107 of Pub. L. 105-303. Subsec.

(f) of section 107 of Pub. L. 105-303 amended sections 5621 and

5622 of Title 15, Commerce and Trade.

-End-

-CITE-

42 USC SUBCHAPTER II - FEDERAL ACQUISITION OF SPACE

TRANSPORTATION SERVICES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER II - FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

-HEAD-

SUBCHAPTER II - FEDERAL ACQUISITION OF SPACE TRANSPORTATION

SERVICES

-End-

-CITE-

42 USC Sec. 14731 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER II - FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

-HEAD-

Sec. 14731. Requirement to procure commercial space transportation

services

-STATUTE-

(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) of this section 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

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

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 security

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

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, scientific, commercial, and educational programs

authorized by the Administrator.

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.

(c) Delayed effect

Subsection (a) of this section 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.

(d) Historical purposes

This section shall not be construed to prohibit the Federal

Government from acquiring, owning, or maintaining space

transportation vehicles solely for historical display purposes.

-SOURCE-

(Pub. L. 105-303, title II, Sec. 201, Oct. 28, 1998, 112 Stat.

2854.)

-End-

-CITE-

42 USC Sec. 14732 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER II - FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

-HEAD-

Sec. 14732. Acquisition of commercial space transportation services

-STATUTE-

(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 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 construed to prohibit the

Federal Government from requiring compliance with applicable safety

standards.

-SOURCE-

(Pub. L. 105-303, title II, Sec. 202, Oct. 28, 1998, 112 Stat.

2855.)

-End-

-CITE-

42 USC Sec. 14733 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER II - FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

-HEAD-

Sec. 14733. Shuttle privatization

-STATUTE-

(a) Policy and preparation

The Administrator shall prepare for an orderly transition from

the Federal operation, or Federal management of contracted

operation, 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

National Aeronautics and Space Administration's research focus and

its mandate to promote the fullest possible commercial use of

space. As part of those preparations, 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 National Aeronautics and

Space Administration from studying, designing, developing, or

funding upgrades or modifications essential to the safe and

economical operation of the Space Shuttle fleet.

(b) Feasibility study

The Administrator shall conduct a study of the feasibility of

implementing the recommendation of the Independent Shuttle

Management Review Team that the National Aeronautics and Space

Administration transition toward the privatization of the Space

Shuttle. The study shall identify, discuss, and, where possible,

present options for resolving, the major policy and legal issues

that must be addressed before the Space Shuttle is privatized,

including -

(1) whether the Federal Government or the Space Shuttle

contractor should own the Space Shuttle orbiters and ground

facilities;

(2) whether the Federal Government should indemnify the

contractor for any third party liability arising from Space

Shuttle operations, and, if so, under what terms and conditions;

(3) whether payloads other than National Aeronautics and Space

Administration payloads should be allowed to be launched on the

Space Shuttle, how missions will be prioritized, and who will

decide which mission flies and when;

(4) whether commercial payloads should be allowed to be

launched on the Space Shuttle and whether any classes of payloads

should be made ineligible for launch consideration;

(5) whether National Aeronautics and Space Administration and

other Federal Government payloads should have priority over

non-Federal payloads in the Space Shuttle launch assignments, and

what policies should be developed to prioritize among payloads

generally;

(6) whether the public interest requires that certain Space

Shuttle functions continue to be performed by the Federal

Government; and

(7) how much cost savings, if any, will be generated by

privatization of the Space Shuttle.

(c) Report to Congress

Within 60 days after October 28, 1998, the National Aeronautics

and Space Administration shall complete the study required under

subsection (b) of this section and shall submit a report on the

study to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Science of the House of

Representatives.

-SOURCE-

(Pub. L. 105-303, title II, Sec. 204, Oct. 28, 1998, 112 Stat.

2856.)

-End-

-CITE-

42 USC Sec. 14734 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER II - FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

-HEAD-

Sec. 14734. Use of excess intercontinental ballistic missiles

-STATUTE-

(a) In general

The Federal Government shall not -

(1) convert any missile described in subsection (c) of this

section to a space transportation vehicle configuration; or

(2) transfer ownership of any such missile to another person,

except as provided in subsection (b) of this section.

(b) Authorized Federal uses

(1) A missile described in subsection (c) of this section may be

converted for use as a space transportation vehicle by the 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 of the House of

Representatives, and to the Committee on Armed Services and the

Committee on Commerce, Science, and Transportation of the Senate, a

certification 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 services

from United States commercial providers;

(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 his designee.

(2) The requirement under paragraph (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 security

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.

-SOURCE-

(Pub. L. 105-303, title II, Sec. 205, Oct. 28, 1998, 112 Stat.

2857; Pub. L. 106-65, div. A, title X, Sec. 1067(21), Oct. 5, 1999,

113 Stat. 775.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(1). Pub. L. 106-65 substituted "transmits to

the Committee on Armed Services" for "transmits to the Committee on

National Security" in introductory provisions.

-End-

-CITE-

42 USC Sec. 14735 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER II - FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

-HEAD-

Sec. 14735. National launch capability study

-STATUTE-

(a) Findings

Congress finds that a robust satellite and launch industry in the

United States serves the interest of the United States by -

(1) contributing to the economy of the United States;

(2) strengthening employment, technological, and scientific

interests of the United States; and

(3) serving the foreign policy and national security interests

of the United States.

(b) Definitions

In this section:

(1) Secretary

The term "Secretary" means the Secretary of Defense.

(2) Total potential national mission model

The term "total potential national mission model" means a model

that -

(A) is determined by the Secretary, in consultation with the

Administrator, to assess the total potential space missions to

be conducted in the United States during a specified period of

time; and

(B) includes all launches in the United States (including

launches conducted on or off a Federal range).

(c) Report

(1) In general

Not later than 180 days after October 28, 1998, the Secretary

shall, in consultation with the Administrator and appropriate

representatives of the satellite and launch industry and the

governments of States and political subdivisions thereof -

(A) prepare a report that meets the requirements of this

subsection; and

(B) submit that report to the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on Science

of the House of Representatives.

(2) Requirements for report

The report prepared under this subsection shall -

(A) identify the total potential national mission model for

the period beginning on the date of the report and ending on

December 31, 2007;

(B) identify the resources that are necessary or available to

carry out the total potential national mission model described

in subparagraph (A), including -

(i) launch property and services of the Department of

Defense, the National Aeronautics and Space Administration,

and non-Federal facilities; and

(ii) the ability to support commercial launch-on-demand on

short notification, taking into account Federal requirements,

at launch sites or test ranges in the United States;

(C) identify each deficiency in the resources referred to in

subparagraph (B); and

(D) with respect to the deficiencies identified under

subparagraph (C), include estimates of the level of funding

necessary to address those deficiencies for the period

described in subparagraph (A).

(d) Recommendations

Based on the reports under subsection (c) of this section, the

Secretary, after consultation with the Secretary of Transportation,

the Secretary of Commerce, and representatives from interested

private sector entities, States, and local governments, shall -

(1) identify opportunities for investment by non-Federal

entities (including States and political subdivisions thereof and

private sector entities) to assist the Federal Government in

providing launch capabilities for the commercial space industry

in the United States;

(2) identify one or more methods by which, if sufficient

resources referred to in subsection (c)(2)(D) of this section are

not available to the Department of Defense and the National

Aeronautics and Space Administration, the control of the launch

property and launch services of the Department of Defense and the

National Aeronautics and Space Administration may be transferred

from the Department of Defense and the National Aeronautics and

Space Administration to -

(A) one or more other Federal agencies;

(B) one or more States (or subdivisions thereof);

(C) one or more private sector entities; or

(D) any combination of the entities described in

subparagraphs (A) through (C); and

(3) identify the technical, structural, and legal impediments

associated with making launch sites or test ranges in the United

States viable and competitive.

-SOURCE-

(Pub. L. 105-303, title II, Sec. 206, Oct. 28, 1998, 112 Stat.

2857.)

-End-

-CITE-

42 USC SUBCHAPTER III - COMMERCIAL REUSABLE IN-SPACE

TRANSPORTATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER III - COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION

-HEAD-

SUBCHAPTER III - COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION

-COD-

CODIFICATION

This subchapter was enacted as part of the Commercial Reusable

In-Space Transportation Act of 2002, and also as part of the

Department of Defense Appropriations Act, 2003, and not as part of

the Commerical Space Act of 1998, which comprises subchapters I and

II of this chapter.

-End-

-CITE-

42 USC Sec. 14751 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER III - COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION

-HEAD-

Sec. 14751. Findings

-STATUTE-

Congress makes the following findings:

(1) It is in the national interest to encourage the production

of cost-effective, in-space transportation systems, which would

be built and operated by the private sector on a commercial

basis.

(2) The use of reusable in-space transportation systems will

enhance performance levels of in-space operations, enhance

efficient and safe disposal of satellites at the end of their

useful lives, and increase the capability and reliability of

existing ground-to-space launch vehicles.

(3) Commercial reusable in-space transportation systems will

enhance the economic well-being and national security of the

United States by reducing space operations costs for commercial

and national space programs and by adding new space capabilities

to space operations.

(4) Commercial reusable in-space transportation systems will

provide new cost-effective space capabilities (including orbital

transfers from low altitude orbits to high altitude orbits and

return, the correction of erroneous satellite orbits, and the

recovery, refurbishment, and refueling of satellites) and the

provision of upper stage functions to increase ground-to-orbit

launch vehicle payloads to geostationary and other high energy

orbits.

(5) Commercial reusable in-space transportation systems can

enhance and enable the space exploration of the United States by

providing lower cost trajectory injection from earth orbit,

transit trajectory control, and planet arrival deceleration to

support potential National Aeronautics and Space Administration

missions to Mars, Pluto, and other planets.

(6) Satellites stranded in erroneous earth orbit due to

deficiencies in their launch represent substantial economic loss

to the United States and present substantial concerns for the

current backlog of national space assets.

(7) Commercial reusable in-space transportation systems can

provide new options for alternative planning approaches and risk

management to enhance the mission assurance of national space

assets.

(8) Commercial reusable in-space transportation systems

developed by the private sector can provide in-space

transportation services to the National Aeronautics and Space

Administration, the Department of Defense, the National

Reconnaissance Office, and other agencies without the need for

the United States to bear the cost of production of such systems.

(9) The availability of loan guarantees, with the cost of

credit risk to the United States paid by the private-sector, is

an effective means by which the United States can help qualifying

private-sector companies secure otherwise unattainable private

financing for the production of commercial reusable in-space

transportation systems, while at the same time minimizing

Government commitment and involvement in the development of such

systems.

-SOURCE-

(Pub. L. 107-248, title IX, Sec. 902, Oct. 23, 2002, 116 Stat.

1573.)

-MISC1-

SHORT TITLE

For short title of this subchapter as the "Commercial Reusable

In-Space Transportation Act of 2002", see section 901 of Pub. L.

107-248, set out as a note under section 14701 of this title.

-End-

-CITE-

42 USC Sec. 14752 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER III - COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION

-HEAD-

Sec. 14752. Loan guarantees for production of commercial reusable

in-space transportation

-STATUTE-

(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 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 guarantee 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 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 title 26; 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, forebear (!1) from enforcing any right of the United

States under a loan guaranteed under this section for the benefit

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 provision 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,

maintain, 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 instruments to United States commercial

providers of in-space transportation services or system (!2),

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.

(3) Construction

The eligibility of a United States commercial provider of

in-space transportation services or systems for a credit

instrument under this subsection is in addition to any

eligibility of such provider for a loan guarantee under other

provisions of this section.

-SOURCE-

(Pub. L. 107-248, title IX, Sec. 903, Oct. 23, 2002, 116 Stat.

1574.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Credit Reform Act of 1990, referred to in subsec.

(g)(1), (2), is title V of Pub. L. 93-344, as added by Pub. L.

101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat.

1388-609, as amended, which is classified generally to subchapter

III (Sec. 661 et seq.) of chapter 17A of Title 2, The Congress. For

complete classification of this Act to the Code, see Short Title

note set out under section 621 of Title 2 and Tables.

-MISC1-

SHORT TITLE

For short title of this subchapter, as the "Commercial Reusable

In-Space Transportation Act of 2002", see section 901 of Pub. L.

107-248, set out as a note under section 14701 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "forbear".

(!2) So in original. Probably should be "systems".

-End-

-CITE-

42 USC Sec. 14753 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 141 - COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION

SERVICES

SUBCHAPTER III - COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION

-HEAD-

Sec. 14753. Definitions

-STATUTE-

In this subchapter:

(1) Secretary

The term "Secretary" means the Secretary of Defense.

(2) 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.

(3) 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 vehicle.

(4) In-space transportation system

The term "in-space transportation 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, necessary for the provision

of in-space transportation services.

(5) 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.

(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.

-SOURCE-

(Pub. L. 107-248, title IX, Sec. 904, Oct. 23, 2002, 116 Stat.

1576.)

-End-