1997 U.S. Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 26 - NATIONAL SPACE PROGRAM
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 2465d - Requirement to procure commercial launch services

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§2465d. Requirement to procure commercial launch services (a) In general

Except as otherwise provided in this section, the National Aeronautics and Space Administration shall purchase launch services for its primary payloads from commercial providers whenever such services are required in the course of its activities.

(b) Exceptions

The National Aeronautics and Space Administration shall not be required to purchase launch services as provided in subsection (a) of this section if, on a case by case basis the Administrator of the National Aeronautics and Space Administration determines that—

(1) the payload requires the unique capabilities of the space shuttle;

(2) cost effective commercial launch services to meet specific mission requirements are not reasonably available and would not be available when required;

(3) the use of commercial launch services poses an unacceptable risk of loss of a unique scientific opportunity; or

(4) the payload serves national security or foreign policy purposes.

Upon any such determination, the Administrator shall, within 30 days, notify in writing the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the determination and its rationale.

(c) National Aeronautics and Space Administration launch vehicles

Launch vehicles shall be acquired or owned by the National Aeronautics and Space Administration only—

(1) as required under circumstances described in subsection (b) of this section; or

(2) by the National Aeronautics and Space Administration for conducting research and development on, and testing of, launch technology.

(d) Phase-in period

Subsections (a) and (c) of this section shall not apply to launch services and launch vehicles purchased by the National Aeronautics and Space Administration before November 16, 1990.

(e) Historical purposes

Sections 2465b to 2465f of this title shall not be interpreted to prohibit the National Aeronautics and Space Administration from acquiring, owning, or maintaining launch vehicles solely for historical display purposes.

(Pub. L. 101–611, title II, §204, Nov. 16, 1990, 104 Stat. 3206.)

Codification

Section was enacted as part of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991, and also as part of the Launch Services Purchase Act of 1990, and not as part of the National Aeronautics and Space Act of 1958 which is classified principally to this chapter.

Change of Name

Committee on Science, Space, and Technology of House of Representatives treated as referring to Committee on Science of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in sections 2465c, 2465e of this title.