
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14731]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
 CHAPTER 141--COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION SERVICES
 
   SUBCHAPTER II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
 
Sec. 14731. Requirement to procure commercial space 
        transportation services
        

(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.

(Pub. L. 105-303, title II, Sec. 201, Oct. 28, 1998, 112 Stat. 2854.)
