(a)
Authority
Federal agencies, including the National Aeronautics and Space Administration and the Department of Defense, may allow non-Federal entities to use their space-related facilities on a reimbursable basis if the Administrator, the Secretary of Defense, or the appropriate agency head determines that—
(1)
the facilities will be used to support commercial space activities;
(2)
such use can be supported by existing or planned Federal resources;
(3)
such use is compatible with Federal activities;
(4)
equivalent commercial services are not available on reasonable terms; and
(5)
such use is consistent with public safety, national security, and international treaty obligations.
In carrying out paragraph (5), each agency head shall consult with appropriate Federal officials.