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

(a) Unless this section or section 70102 provides otherwise, the Federal Government must obtain needed space-transportation services from United States commercial providers. As far as practicable, it must plan missions to use their capabilities.

(b) The Government need not do so if, case by case, the Administrator^*—or, for national security, the Secretary of the Air Force—finds that: (1) the payload^* needs the space shuttle’s unique capabilities; (2) suitable cost-effective commercial service would not reasonably be available when needed; (3) commercial service creates an unacceptable risk of losing a unique scientific opportunity; (4) it conflicts with national-security objectives; (5) it conflicts with an international science or technology agreement; (6) carrying the payload with a Federal vehicle test or demonstration is more cost-effective; or (7) the payload can use available shuttle cargo space as a secondary payload and is consistent with the Administrator’s authorized research, development, demonstration, scientific, commercial, and educational programs.

(c) The Administrator may still plan or negotiate agreements with foreign entities to launch Federal payloads for international science and technology cooperation.

(d) Subsection (a) does not apply to services or vehicles acquired or owned by the Government before October 28, 1998, or covered by a contract made before that date.

(e) This section does not bar the Government from acquiring, owning, or maintaining vehicles solely for historical display.