REQUIREMENT TO PROCURE COMMERCIAL LAUNCH SERVICES.

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. 104 STAT. 3207 (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); 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) shall not apply to launch services and launch vehicles purchased by the National Aeronautics and Space Administration before the date of enactment of this Act. (e) Historical Purposes.— 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.