51 U.S.C. § 50903: General authority

The Secretary of Transportation shall carry out this chapter. encourage, facilitate, and promote commercial space launches and reentries by the private sector, including those involving space flight participants; and take actions to facilitate private sector involvement in commercial space transportation activity, and to promote public-private partnerships involving the United States Government, State governments, and the private sector to build, expand, modernize, or operate a space launch and reentry infrastructure. In carrying out the responsibilities under subsection (b), the Secretary shall encourage, facilitate, and promote the continuous improvement of the safety of launch vehicles designed to carry humans, and the Secretary may, consistent with this chapter, promulgate regulations to carry out this subsection. When necessary, the head of an executive agency shall assist the Secretary in carrying out this chapter. In preparation for the award of contracts to follow up on the current NASA [National Aeronautics and Space Administration] Launch Services (NLS) contracts, the Administrator shall develop a strategy for providing domestic commercial launch services in support of NASA’s small and medium-sized Science, Space Operations, and Exploration missions, consistent with current law and policy. the results of the Request for Information on small to medium-sized launch services released on April 22, 2008 ; an analysis of possible alternatives to maintain small and medium-sized lift capabilities after June 30, 2010 , including the use of the Department of Defense’s Evolved Expendable Launch Vehicle (EELV); the recommended alternatives, and associated 5-year budget plans starting in October 2010 that would enable their implementation; and a contingency plan in the event the recommended alternatives described in paragraph (3) are not available when needed.”