USC Subchapter III

in effect

51 U.S.C. § 50131 Requirement to procure commercial space transportation services

(a) In General.—Except as otherwise provided in this section or in section 70102, 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) 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. (c) Agreements With Foreign Entities.—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. (d) Delayed Effect.—Subsection (a) 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. (e) 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.

51 U.S.C. § 50132 Acquisition of commercial space transportation services

(a) Treatment of Commercial Space Transportation Services as Commercial Service Under Acquisition Laws.—Acquisitions of space transportation services by the Federal Government shall be carried out in accordance with applicable acquisition laws and regulations (including applicable provisions of chapters 201 through 285, 341 through 343, and 363 of title 10). For purposes of such law and regulations, space transportation services shall be considered to be a commercial service. (b) Safety Standards.—Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards.

51 U.S.C. § 50134 Use of excess intercontinental ballistic missiles

(a) In General.—The Federal Government shall not—(1) convert any missile described in subsection (c) to a space transportation vehicle configuration; or (2) transfer ownership of any such missile to another person, except as provided in subsection (b). (b) Authorized Federal Uses.—(1) In general.—A missile described in subsection (c) may be converted for use as a space transportation vehicle by the Federal Government 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 Committee on Science and Technology of the House of Representatives, and to the Committee 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 Federal 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 obligations of the United States; and (D) is approved by the Secretary of Defense or the designee of the Secretary of Defense. (2) Exception to requirement that certification be transmitted 30 days before conversion.—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 national security requirements. (c) Missiles Referred to.—The missiles referred 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 intercontinental ballistic missiles; and (2) have been declared excess to United States national defense needs and are in compliance with international obligations of the United States.