Page:United States Statutes at Large Volume 112 Part 5.djvu/97

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PUBLIC LAW 105-303 —OCT. 28, 1998 112 STAT. 2855 (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) shall not apply to space transportation services and space transportation vehicles acquired or owned by the Federal Government before the date of the enactment of this Act, or with respect to which a contract for such acquisition or ownership has been entered into before such date. (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. SEC. 202. ACQUISITION OF COMMERCIAL SPACE TRANSPORTATION SERVICES. (a) TREATMENT OF COMMERCIAL SPACE TRANSPORTATION SERV- ICES AS COMMERCIAL ITEM 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 chapters 137 and 140 of title 10, United States Code). For purposes of such law and regulations, space transportation services shall be considered to be a commercial item. (b) SAFETY STANDARDS. — Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. SEC. 203. LAUNCH SERVICES PURCHASE ACT OF 1990 AMENDMENTS. The Launch Services Purchase Act of 1990 (42 U.S.C. 2465b et seq.) is amended— (1) by striking section 202; (2) in section 203— (A) by striking paragraphs (1) and (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively; (3) by striking sections 204 and 205; and (4) in section 206— 42 USC 14732. 42 USC 2465b. 42 USC 2465c. 42 USC 2465d, 2465e. 42 USC 2465f. 59-194O-98 -4:QL3Part5