
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14733]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
 CHAPTER 141--COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION SERVICES
 
   SUBCHAPTER II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
 
Sec. 14733. Shuttle privatization


(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.

(Pub. L. 105-303, title II, Sec. 204, Oct. 28, 1998, 112 Stat. 2856.)
