104 STAT. 3206 PUBLIC LAW 101-611—NOV. 16, 1990 (5) the use by the Federal Government of performance specifically in lieu of detailed specifications relating to vehicle design, construction, and operation will facilitate the efficient operation of the United States commercial launch industry; (6) the procurement of commercial launch services in a commercially reasonable manner permits a reduced level of Federal Government regulation and oversight and economies of scale which may result in significant cost savings to the commercial launch industry and to the United States. (7) it is the general policy of the Federal Government to purchase needed goods and services, including launch services, from the private sector to the fullest extent feasible; and (8) predictable access to National Aeronautics and Space Administration launch markets would encourage continuing United States private sector investment in space and related activities. 42 USC 2465c. SEC. 203. DEFINITIONS. For the purposes of this title— (1) the term "commercial provider" means any person providing launch services, but does not include the Federal Government; (2) the term "launch services" means activities involved in the preparation of a launch vehicle and its payload for space transport and the conduct of transporting a payload; (3) the term "launch vehicle" means any vehicle constructed for the purpose of operating in, or placing a payload in, outer space; and (4) the term "payload" means an object which a person undertakes to place in outer space by means of a launch vehicle, and includes subcomponents of the launch vehicle specifically designed or adapted for that object. 42 USC 2465d. SEC. 204. 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) 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.
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