124 STAT. 3401 PUBLIC LAW 111–314—DEC. 18, 2010 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 certifi- cation that the use of such missile— (A) would result in cost savings to the Federal Govern- ment when compared to the cost of acquiring space transportation services from United States commercial pro- viders; (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 des- ignee 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 conver- sion 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 require- ments. (c) MISSILES REFERRED TO.—The missiles referred to in this sec- tion 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 obliga- tions of the United States. CHAPTER 503—COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION Sec. 50301. Definitions. 50302. Loan guarantees for production of commercial reusable in-space transpor- tation. § 50301. Definitions In this chapter: (1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ means any person or entity providing commercial reusable in- orbit space transportation services or systems, primary control of which is held by persons other than the Federal Government, a State or local government, or a foreign government. (2) IN-SPACE TRANSPORTATION SERVICES.—The term ‘‘in-space transportation services’’ means operations and activities involved in the direct transportation or attempted transpor- tation of a payload or object from one orbit to another by means of an in-space transportation vehicle. (3) IN-SPACE TRANSPORTATION SYSTEM.—The term ‘‘in-space transportation system’’ means the space and ground elements,
