Page:United States Statutes at Large Volume 124.djvu/3425

 124 STAT. 3399 PUBLIC LAW 111–314—DEC. 18, 2010 § 50116. Commercial technology transfer program (a) IN GENERAL.—The Administrator shall execute a commercial technology transfer program with the goal of facilitating the exchange of services, products, and intellectual property between the Administration and the private sector. This program shall place at least as much emphasis on encouraging the transfer of Adminis- tration technology to the private sector (‘‘spinning out’’) as on encouraging use of private sector technology by the Administration. This program shall be maintained in a manner that provides clear benefits for the Administration, the domestic economy, and the research community. (b) PROGRAM STRUCTURE.—In carrying out the program described in subsection (a), the Administrator shall provide program partici- pants with at least 45 days notice of any proposed changes to the structure of the Administration’s technology transfer and commercialization organizations that is in effect as of December 30, 2005. SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES § 50131. Requirement to procure commercial space transpor- tation services (a) IN GENERAL.—Except as otherwise provided in this section, the Federal Government shall acquire space transportation services from United States commercial providers whenever such services are required in the course of its activities. To the maximum extent practicable, the Federal Government shall plan missions to accommodate the space transportation services capabilities of United States commercial providers. (b) EXCEPTIONS.—The Federal Government shall not be required to acquire space transportation services under subsection (a) if, on a case-by-case basis, the Administrator or, in the case of a national security issue, the Secretary of the Air Force, determines that— (1) a payload requires the unique capabilities of the space shuttle; (2) cost effective space transportation services that meet spe- cific 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 secu- rity 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 conjunc- tion 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,