51 U.S.C. § 50301 — Definitions

Page 110 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS [§ 50133 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50132 .......... 42 U.S.C. 14732. Pub. L. 105–303, title II, § 202, Oct. 28, 1998, 112 Stat. 2855. Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 117–81 substituted ‘‘includ- ing applicable provisions of chapters 201 through 285, 341 through 343, and 363’’ for ‘‘including chapters 137 and 140’’. 2018—Subsec. (a). Pub. L. 115–232 substituted ‘‘Com- mercial Service’’ for ‘‘Commercial Item’’ in heading and ‘‘commercial service’’ for ‘‘commercial item’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. [§ 50133. Repealed. Pub. L. 115–10, title IV, § 416(c), Mar. 21, 2017, 131 Stat. 35] Section, Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400, related to shuttle privatization. § 50134. Use of excess intercontinental ballistic missiles (a) IN GENERAL.—The Federal Government shall not— (1) convert any missile described in sub- section (c) to a space transportation vehicle configuration; or (2) transfer ownership of any such missile to another person, except as provided in sub- section (b). (b) AUTHORIZED FEDERAL USES.— (1) IN GENERAL.—A missile described in sub- section (c) may be converted for use as a space transportation vehicle by the Federal Govern- ment 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 Com- mittee on Science and Technology of the House of Representatives, and to the Com- mittee 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 Fed- eral 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 obliga- tions of the United States; and (D) is approved by the Secretary of De- fense or the designee of the Secretary of De- fense. (2) EXCEPTION TO REQUIREMENT THAT CERTIFI- CATION BE TRANSMITTED 30 DAYS BEFORE CON- VERSION.—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 na- tional security requirements. (c) MISSILES REFERRED TO.—The missiles re- ferred 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 inter- continental ballistic missiles; and (2) have been declared excess to United States national defense needs and are in com- pliance with international obligations of the United States. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50134 .......... 42 U.S.C. 14734. Pub. L. 105–303, title II, § 205, Oct. 28, 1998, 112 Stat. 2857; Pub. L. 106–65, div. A, title X, § 1067(21), Oct. 5, 1999, 113 Stat. 775. In subsection (b)(1), in the matter before subpara- graph (A), the words ‘‘Committee on Science and Tech- nology’’ are substituted for ‘‘Committee on Science’’ on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. CHAPTER 503—COMMERCIAL REUSABLE IN- SPACE TRANSPORTATION Sec. 50301. Definitions. 50302. Loan guarantees for production of commer- cial reusable in-space transportation. § 50301. Definitions In this chapter: (1) COMMERCIAL PROVIDER.—The term ‘‘com- mercial 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 gov- ernment, 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 trans- portation of a payload or object from one orbit to another by means of an in-space transpor- tation vehicle. (3) IN-SPACE TRANSPORTATION SYSTEM.—The term ‘‘in-space transportation system’’ means the space and ground elements, including in- space transportation vehicles and support Page 111 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50302 space systems, and ground administration and control facilities and associated equipment, necessary for the provision of in-space trans- portation 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 ob- jects 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 pro- vider’’ means any commercial provider orga- nized under the laws of the United States that is more than 50 percent owned by United States nationals. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3401.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50301 .......... 42 U.S.C. 14753. Pub. L. 107–248, title IX, § 904, Oct. 23, 2002, 116 Stat. 1576. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 107–248, title IX, § 902, Oct. 23, 2002, 116 Stat. 1573, provided that: ‘‘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 sat- ellites 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 capa- bilities (including orbital transfers from low altitude orbits to high altitude orbits and return, the correc- tion 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 explo- ration of the United States by providing lower cost trajectory injection from earth orbit, transit trajec- tory control, and planet arrival deceleration to sup- port potential National Aeronautics and Space Ad- ministration missions to Mars, Pluto, and other plan- ets. ‘‘(6) Satellites stranded in erroneous earth orbit due to deficiencies in their launch represent substantial economic loss to the United States and present sub- stantial concerns for the current backlog of national space assets. ‘‘(7) Commercial reusable in-space transportation systems can provide new options for alternative plan- ning 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 Aer- onautics 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 com- panies secure otherwise unattainable private financ- ing for the production of commercial reusable in- space transportation systems, while at the same time minimizing Government commitment and involve- ment in the development of such systems.’’ § 50302. Loan guarantees for production of com- mercial reusable in-space transportation (a) AUTHORITY TO MAKE LOAN GUARANTEES.— The Secretary may guarantee loans made to eli- gible United States commercial providers for purposes of producing commercial reusable in- space transportation services or systems. (b) ELIGIBLE UNITED STATES COMMERCIAL PRO- VIDERS.—The Secretary shall prescribe require- ments for the eligibility of United States com- mercial providers for loan guarantees under this section. Such requirements shall ensure that eli- gible providers are financially capable of under- taking 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 re- usable 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 commer- cial 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 sub- section on a pro rata basis, as determined by the Secretary, at the time of each disburse- ment. (e) OTHER TERMS AND CONDITIONS.— (1) PROHIBITION ON SUBORDINATION.—A loan guaranteed under this section may not be sub- ordinated 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 guaran- teed 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 secu- rity, as determined by the Secretary, for other obligations the income from which is so excluded.