S.1473 - Commercial Space Act of 1997105th Congress (1997-1998)
Bill
Hide Overview| Sponsor: | Sen. Graham, Bob [D-FL] (Introduced 11/08/1997) |
|---|---|
| Committees: | Senate - Commerce, Science, and Transportation |
| Latest Action: | Senate - 03/05/1998 Subcommittee on Science, Technology, and Space. Hearings held. (All Actions) |
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Introduced in Senate (11/08/1997)
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[S. 1473 Introduced in Senate (IS)]
105th CONGRESS
1st Session
S. 1473
To encourage the development of a commercial space industry in the
United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 8, 1997
Mr. Graham (for himself and Mr. Mack) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To encourage the development of a commercial space industry in the
United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Commercial Space
Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
Sec. 101. Commercialization of space station.
Sec. 102. Commercial space launch amendments.
Sec. 103. Launch voucher demonstration program.
Sec. 104. Promotion of United States Global Positioning System
standards.
Sec. 105. Acquisition of space science data.
Sec. 106. Acquisition of earth science data.
TITLE II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
Sec. 201. Requirement to procure commercial space transportation
services.
Sec. 202. Acquisition of space transportation services.
Sec. 203. Launch Services Purchase Act of 1990 amendments.
Sec. 204. Use of excess intercontinental ballistic missiles.
Sec. 205. National launch capability.
Sec. 206. Administration of Commercial Space Centers.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration;
(2) Commercial provider.--The term ``commercial provider''
means any person providing space transportation services or
other space-related activities, the primary control of which is
held by a person other than the Federal Government, a State or
local government, or a foreign government.
(3) Payload.--
(A) In general.--The term ``payload'' means
anything that a person undertakes to transport to,
from, or within outer space, or in suborbital
trajectory, by means of a space transportation vehicle.
(B) Exception.--The term does not include a space
transportation vehicle (other than any component of a
space transportation vehicle that is specifically
designed or adapted for a payload).
(4) Space-related activities.--The term ``space-related
activities'' includes research and development, manufacturing,
processing, service, and other associated and support
activities.
(5) Space transportation services.--The term ``space
transportation services'' means the preparation of a space
transportation vehicle and its--
(A) payloads for transportation to, from, or within
outer space, or in suborbital trajectory; and
(B) the conduct of transporting a payload to, from,
or within outer space, or in suborbital trajectory.
(6) Space transportation vehicle.--the term ``space
transportation vehicle'' means any vehicle constructed for the
purpose of operating in, or transporting a payload to, from, or
within, outer space, or in suborbital trajectory, and includes
any component of such vehicle not specifically designed or
adapted for a payload.
(7) State.--The term ``State'' means each of the several
States of the Union, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States.
(8) United states commercial provider.--The term ``United
States commercial provider'' means a commercial provider,
organized under the laws of the United States or of a State,
that is--
(A) more than 50 percent owned by United States
nationals; or
(B) a subsidiary of a foreign company with respect
to which the Secretary of Transportation finds that--
(i) that subsidiary has evidenced a
substantial commitment to the United States
market through--
(I) investments in the United
States in long-term research,
development, and manufacturing
(including the manufacture of major
components and subassemblies); and
(II) significant contributions to
employment in the United States; and
(ii) each country in which that foreign
company is incorporated or organized, and, if
appropriate, in which the foreign company
principally conducts its business, affords
reciprocal treatment to companies described in
subparagraph (A) comparable to that afforded to
a subsidiary of that foreign company in the
United States, as evidenced by--
(I) providing comparable
opportunities for companies described
in subparagraph (A) to participate in
Government-sponsored research and
development activities similar to the
research and development activity
authorized under this Act;
(II) providing no barriers, to
companies described in subparagraph (A)
with respect to local investment
opportunities, that are not provided to
foreign companies in the United States;
and
(III) providing adequate and
effective protection for the
intellectual property rights of
companies described in subparagraph
(A).
TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
SEC. 101. COMMERCIALIZATION OF SPACE STATION.
(a) Policy.--Congress declares that--
(1) a priority goal of constructing the International Space
Station is the economic development of Earth orbital space;
(2) free and competitive markets create the most efficient
conditions for promoting economic development, and should
therefore govern the economic development of Earth orbital
space; and
(3) the use of free market principles in operating,
servicing, allocating the use of, and adding capabilities to
the Space Station, and the resulting fullest possible
engagement of commercial providers and participation of
commercial users, will reduce the operational costs of the
International Space Station for all partners and the share of
the Federal Government with respect to the United States burden
to fund operations.
(b) Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall prepare and
submit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, a report or study conducted under
this subsection.
(2) Contents of study.--The study conducted under this
subsection shall identify and examine--
(A) the opportunities for commercial providers to
play a role in International Space Station activities,
including operation, use, servicing, and augmentation;
(B) the potential cost savings to be derived from
commercial providers playing a role in each of the
activities referred to in subparagraph (A);
(C) which of the opportunities described in
subparagraph (A) the Administrator plans to make
available to commercial providers in fiscal years 1998
and 1999;
(D) the specific policies and initiatives that the
Administrator is advancing to encourage and facilitate
the commercial opportunities referred to in
subparagraph (A); and
(E) the revenues and cost reimbursements to the
Federal Government from commercial users of the
International Space Station.
(3) Independently conducted market study.--Not later than
180 days after the date of enactment of this Act, the
Administrator shall--
(A) provide for an independently conducted market
study that--
(i) examines and evaluates potential
industry interest in--
(I) providing commercial goods and
services for the operation, servicing,
and augmentation of the International
Space Station; and
(II) the commercial use of the
International Space Station; and
(ii) includes updates to the cost savings
and revenue estimates made in the study
described in paragraph (1), based on the
external market assessment; and
(B) submit a report on the findings of the study to
the Committee on Science of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(4) Report on solicitations.--
(A) In general.--Not later than the date on which
the President submits an annual budget request for
fiscal year 1999 pursuant to section 1105(a) of title
31, United States Code, the Administrator shall prepare
and submit to Congress a report that provides the
number of proposals (including solicited and
unsolicited proposals) that were received by the
Administrator during calendar year 1997 regarding--
(i) commercial operation;
(ii) servicing;
(iii) utilization; or
(iv) augmentation of the International
Space Station.
(B) Contents of report.--The report under
subparagraph (A) shall specify, for each of the
categories described in clauses (i) through (iv) of
that subparagraph--
(i) the number of proposals received by the
Administrator during the period specified in
subparagraph (A); and
(ii) the number of agreements that the
Administrator entered into in response to the
proposals.
SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) Amendments.--Chapter 701 of title 49, United States Code, is
amended--
(1) in the table of sections--
(A) by amending the item relating to section 70104
to read as follows:
``70104. Restrictions on launches, operations, and reentries.'';
(B) by amending the item relating to section 70108
to read as follows:
``70108. Prohibition, suspension, and end of launches, operation of
launch sites and reentry sites, and
reentries.'';
(C) by amending the item relating to section 70109
to read as follows:
``70109. Preemption of scheduled launches or reentries.'';
and
(D) by adding at the end the following new items:
``70120. Regulations.
``70121. Report to Congress.''.
(2) in section 70101--
(A) in subsection (a)--
(i) in paragraph (3), by inserting
``microgravity research,'' after ``information
services,'';
(ii) in paragraph (4), by inserting ``,
reentry,'' after ``launching'' both places it
appears;
(iii) in paragraph (5), by inserting ``,
reentry vehicles,'' after ``launch vehicles'';
(iv) in paragraph (6), by inserting ``and
reentry services'' after ``launch services'';
(v) in paragraph (7), by inserting ``,
reentries,'' after ``launches'' both places it
appears;
(vi) in paragraph (8)--
(I) by inserting ``, reentry
sites,'' after ``launch sites''; and
(II) by inserting ``and reentry
services'' after ``launch services'';
and
(vii) in paragraph (9)--
(I) by inserting ``reentry sites,''
after ``launch sites,''; and
(II) by inserting ``and reentry
site'' after ``launch site''; and
(B) in subsection (b)--
(i) in paragraph (2)--
(I) in the matter preceding
subparagraph (A), by inserting ``,
reentry vehicles,'' after ``launch
vehicles''; and
(II) in subparagraph (A), by
striking ``launch'';
(ii) in paragraph (3)--
(I) by inserting ``and reentry''
after ``commercial launch''; and
(II) by striking ``launch'' after
``and transfer commercial''; and
(iii) in paragraph (4), by inserting ``and
development of reentry sites,'' after ``launch-
site support facilities,'';
(3) in section 70102--
(A) in paragraph (3), by striking ``and any
payload'' and inserting ``or reentry vehicle and any
payload from Earth'';
(B) in paragraph (5)--
(i) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively;
and
(ii) by inserting before subparagraph (B),
as so redesignated by clause (i) of this
subparagraph, the following new subparagraph:
``(A) activities directly related to the
preparation of a launch site or payload facility for
one or more launches;'';
(C) in paragraph (8), by inserting ``or reentry
vehicle'' after ``means of a launch vehicle'';
(D) by redesignating paragraphs (10) through (12)
as paragraphs (14) through (16), respectively;
(E) by inserting after paragraph (9) the following:
``(10) `reenter' and `reentry' mean to return or attempt to
return, purposefully, a reentry vehicle and its payload, if
any, from Earth orbit or from outer space to Earth.
``(11) `reentry services' means--
``(A) activities involved in the preparation of a
reentry vehicle and its payload, if any, for reentry;
and
``(B) the conduct of a reentry.
``(12) `reentry site' means the location on Earth to which
a reentry vehicle is intended to return (as defined in a
license the Secretary issues or transfers under this chapter);
``(13) `reentry vehicle' means a vehicle designed to return
from Earth orbit or outer space to Earth, or a reusable launch
vehicle designed to return from outer space substantially
intact;''; and
(F) in paragraph (15), as redesignated by
subparagraph (C) of this paragraph, by inserting ``or
reentry services'' after ``launch services'' each place
it appears;
(4) in section 70103(b)--
(A) in the subsection heading, by inserting ``and
Reentries'' after ``Launches'';
(B) in paragraph (1), by inserting ``and
reentries'' after ``space launches''; and
(C) in paragraph (2), by inserting ``and reentry''
after ``space launch'';
(5) in section 70104--
(A) by amending the section designation and heading
to read as follows:
``Sec. 70104. Restrictions on launches, operations, and reentries'';
(B) in subsection (a)--
(i) by inserting ``or reentry site, or to
reenter a reentry vehicle,'' after ``operate a
launch site'' each place it appears; and
(ii) in paragraphs (3) and (4), by
inserting ``or reentry'' after ``launch or
operation'' each place it appears;
(C) in subsection (b)--
(i) by striking ``launch license'' and
inserting ``license'';
(ii) by inserting ``or reenter'' after
``may launch''; and
(iii) by inserting ``or reentering'' after
``related to launching''; and
(D) in subsection (c)--
(i) by amending the subsection heading to
read as follows: ``Preventing Launches and
Reentries.--'';
(ii) by inserting ``or reentry'' after
``prevent the launch''; and
(iii) by inserting ``or reentry'' after
``decides the launch'';
(6) in section 70105--
(A) in subsection (a)--
(i) by inserting ``(1)'' before ``A person
may apply'';
(ii) by striking ``receiving an
application'' both places it appears and
inserting ``accepting an application in
accordance with criteria established pursuant
to subsection (b)(2)(D)''; and
(iii) by adding at the end the following:
``The Secretary shall transmit to the Committee
on Science of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate a written notice
not later than 7 days after any occurrence when
a license is not issued by the date specified
in this subsection.
``(2) In carrying out paragraph (1), the Secretary may establish
procedures for certification of the safety of launch vehicles, reentry
vehicles, safety systems, procedures, services, or personnel that may
be used in conducting licensed commercial space launch or reentry
activities.''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or a
reentry site, or the reentry of a reentry
vehicle,'' after ``operation of a launch
site'';
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by striking ``or
operation'' and inserting ``,
operation, or reentry''; and
(bb) by striking ``and'' at
the end;
(II) in subparagraph (B), by
striking the period at the end; and
(III) by adding at the end the
following:
``(D) regulations establishing criteria for accepting or
rejecting an application for a license under this chapter
within 60 days after receipt of such application.''; and
(iii) in paragraph (3), by inserting ``,
including the requirement to obtain a
license,'' after ``waive a requirement'';
(7) in section 70106(a)--
(A) by inserting ``or reentry site'' after
``observer at a launch site'';
(B) by inserting ``or reentry vehicle'' after
``assemble a launch vehicle''; and
(C) by inserting ``or reentry vehicle'' after
``with a launch vehicle'';
(8) in section 70108--
(A) by amending the section designation and heading
to read as follows:
``Sec. 70108. Prohibition, suspension, and end of launches, operation
of launch sites and reentry sites, and reentries'';
and
(B) in subsection (a)--
(i) by inserting ``or reentry site, or
reentry of a reentry vehicle,'' after
``operation of a launch site''; and
(ii) by inserting ``or reentry'' after
``launch or operation'';
(9) in section 70109--
(A) by amending the section designation and heading
to read as follows:
``Sec. 70109. Preemption of scheduled launches or reentries'';
(B) in subsection (a)--
(i) by inserting ``or reentry'' after
``ensure that a launch'';
(ii) by inserting ``, reentry site,'' after
``United States Government launch site'';
(iii) by inserting ``or reentry date
commitment'' after ``launch date commitment'';
(iv) by inserting ``or reentry'' after
``obtained for a launch'';
(v) by inserting ``, reentry site,'' after
``access to a launch site'';
(vi) by inserting ``, or services related
to a reentry,'' after ``amount for launch
services''; and
(vii) by inserting ``or reentry'' after
``the scheduled launch''; and
(C) in subsection (c), by inserting ``or reentry''
after ``prompt launching'';
(10) in section 70110(a)--
(A) in paragraph (2), by inserting ``or reentry''
after ``prevent the launch''; and
(B) in paragraph (3)(B), by inserting ``or reentry
site, or reentry of a reentry vehicle,'' after
``operation of a launch site'';
(11) in section 70111--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (A), by
inserting ``or reentry'' after
``launch''; and
(II) in subparagraph (B), by
inserting ``and reentry services''
after ``launch services''; and
(III) by inserting after
subparagraph (B) the following flush
sentence:
``The Secretary shall coordinate the establishment of criteria and
procedures for determining the priority of competing requests from the
private sector and State governments for property and services under
this section.''; and
(ii) in paragraph (2), by inserting ``or
reentry services'' after ``or launch
services'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or
reentry'' after ``commercial launch'' both
places it appears;
(ii) in paragraph (2)(C), by inserting ``or
reentry services'' after ``launch services'';
and
(iii) by adding at the end the following:
``(3) The Secretary shall ensure the establishment of uniform
guidelines for, and consistent implementation of, this section by all
Federal agencies.''; and
(C) in subsection (d)--
(i) by striking ``or its payload for
launch'' and inserting ``or reentry vehicle, or
the payload of either, for launch or reentry'';
and
(ii) by inserting ``, reentry vehicle,''
after ``manufacturer of the launch vehicle'';
(12) in section 70112--
(A) in subsection (a)--
(i) in paragraph (1), by inserting
``launch, reentry, or site operator'' after
``(1) When a'';
(ii) in paragraph (3), by inserting ``or
reentry'' after ``one launch''; and
(iii) in paragraph (4), by inserting ``or
reentry services'' after ``launch services'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting
``launch, reentry, or site operator'' after
``A'';
(ii) by inserting ``or reentry services''
after ``launch services'' each place it
appears; and
(iii) in paragraphs (1) and (2), by
inserting ``applicable'' after ``carried out
under the'';
(C) in subsection (d)(1), by striking ``Space, and
Technology'';
(D) in subsection (e)--
(i) in the heading, by inserting ``or
Reentries'' after ``Launches''; and
(ii) by inserting ``or reentry site or a
reentry'' after ``launch site''; and
(E) in subsection (f), by inserting ``launch,
reentry, or site operator'' after ``carried out under
a'';
(13) in section 70113 (a)(1) and (d) (1) and (2), by
inserting ``or reentry'' after ``one launch'' each place it
appears;
(14) in section 70115(b)(1)(D)(i)--
(A) by inserting ``reentry site,'' after ``launch
site,''; and
(B) by inserting ``or reentry vehicle'' after
``launch vehicle'' both places it appears;
(15) in section 70117--
(A) in subsection (a), by inserting ``or reentry
site, or to reenter a reentry vehicle'' after ``operate
a launch site'';
(B) in subsection (d), by inserting ``or reentry''
after ``approval of a space launch'';
(C) by amending subsection (f) to read as follows:
``(f) Launch Not an Export; Reentry Not an Import.--For purposes of
a law controlling exports or imports, a launch vehicle, reentry
vehicle, or payload that is launched or reentered is not, because of
the launch or reentry, an export or import.''; and
(D) in subsection (g)--
(i) in paragraph (1), by striking
``operation of a launch vehicle or launch
site,'' and inserting ``reentry, operation of a
launch vehicle or reentry vehicle, or operation
of a launch site or reentry site,''; and
(ii) in paragraph (2), by inserting
``reentry,'' after ``launch,''; and
(16) by adding at the end the following:
``Sec. 70120. Regulations
``Not later than 180 days after the date of enactment of the
Commercial Space Act of 1997, the Secretary of Transportation shall
issue regulations to carry out this chapter. The regulations issued
under this section shall include--
``(1) guidelines for industry to obtain sufficient
insurance coverage for potential damages to third parties;
``(2) procedures for requesting and obtaining licenses to
operate a commercial launch vehicle and reentry vehicle;
``(3) procedures for requesting and obtaining operator
licenses for launch and reentry;
``(4) procedures for the application of government
indemnification; and
``(5) procedures for the application of government
indemnification.
``Sec. 70121. Report to Congress
``The Secretary of Transportation shall submit to Congress an
annual report to accompany the budget request submitted by the
President under section 1105(a) of title 31, United States Code, that,
for the period covered by the report--
``(1) describes all activities undertaken under this
chapter, including--
``(A) a description of the process for the
application for and approval of licenses under this
chapter; and
``(B) recommendations for legislation that may
further commercial launches and reentries; and
``(2) reviews the performance of the regulatory activities
and the effectiveness of the Office of Commercial Space
Transportation.''.
(b) Effective Date.--The amendments made by subsection
(a)(6)(A)(ii) shall take effect upon the effective date of final
regulations issued pursuant to section 70105(b)(2)(D) of title 49,
United States Code, as added by subsection (a)(6)(B)(ii)(III).
SEC. 103. LAUNCH VOUCHER DEMONSTRATION PROGRAM.
Section 504 of the National Aeronautics and Space Administration
Authorization Act, Fiscal Year 1993 (15 U.S.C. 5803) is amended--
(1) in subsection (a)--
(A) by striking ``the Office of Commercial Programs
within''; and
(B) by striking ``Such program shall not be
effective after September 30, 1995.'';
(2) by striking subsection (c); and
(3) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 104. PROMOTION OF UNITED STATES GLOBAL POSITIONING SYSTEM
STANDARDS.
(a) Finding.--The Congress finds that the Global Positioning
System, including satellites, signal equipment, ground stations, data
links, and associated command and control facilities, has become an
essential element in civil, scientific, and military space development
because of the emergence of a United States commercial industry which
provides Global Positioning System equipment and related services.
(b) International Cooperation.--In order to support and sustain the
Global Positioning System in a manner that will most effectively
contribute to the national security, public safety, scientific, and
economic interests of the United States, Congress encourages the
President to--
(1) ensure the operation of the Global Positioning System
on a continuous worldwide basis, free of direct user fees; and
(2) enter into international agreements that promote
cooperation with foreign governments and international
organizations to--
(A) establish the Global Positioning System and its
augmentations as an acceptable international standard;
and
(B) eliminate any foreign barriers to applications
of the Global Positioning System worldwide.
SEC. 105. ACQUISITION OF SPACE SCIENCE DATA.
(a) Space Science Data Defined.--For purposes of this section, the
term ``space science data'' includes scientific data concerning the
elemental and mineralogical resources of the moon, asteroids, planets
and their moons, and comets, Earth environmental data obtained through
remote sensing observations, and solar storm monitoring.
(b) Acquisition From Commercial Providers.--The Administrator
shall, to the maximum extent practicable and while satisfying the
scientific and educational requirements of the National Aeronautics and
Space Administration, other agencies, and scientific researchers,
acquire, if cost-effective, space science data from a commercial
provider.
(c) Treatment of Space Science Data as Commercial Item Under
Acquisition Laws.--Acquisitions of space science data by the
Administrator shall be carried out in accordance with applicable
acquisition laws (including chapters 137 and 140 of title 10, United
States Code), except that space science data shall be considered to be
a commercial item for purposes of such laws. Nothing in this subsection
shall be construed to preclude the United States Government from
acquiring sufficient rights in data to meet the needs of the scientific
and educational community or the needs of other government activities.
(d) Safety Standards.--Nothing in this section shall be construed
to prohibit the Federal Government from requiring compliance with
applicable safety standards.
(e) Limitation.--This section does not authorize the National
Aeronautics and Space Administration to provide financial assistance
for the development of commercial systems for the collection of space
science data.
SEC. 106. ACQUISITION OF EARTH SCIENCE DATA.
(a) Acquisition.--For purposes of meeting goals of the Federal
Government for the mission known as the Mission to Planet Earth, the
Administrator shall, to the maximum extent practicable and while
satisfying the scientific requirements of the National Aeronautics and
Space Administration, acquire, if cost-effective, space-based and
airborne Earth remote sensing data, services, distribution, and
applications from a commercial provider.
(b) Treatment as Commercial Item Under Acquisition Laws.--
Acquisitions by the Administrator of the data, services, distribution,
and applications referred to in subsection (a) shall be carried out in
accordance with applicable acquisition laws (including chapters 137
and 140 of title 10, United States Code), except that such data,
services, distribution, and applications shall be considered to be
commercial items for purposes of such laws (including section 2306a of
title 10, United States Code (relating to cost or pricing data),
section 2320 of such title (relating to rights in technical data) and
section 2321 of such title (relating to validation of proprietary data
restrictions)).
(c) Study.--
(1) In general.--The Administrator shall conduct a study to
determine--
(A) the extent to which the baseline scientific
requirements of Mission to Planet Earth could be met by
commercial providers; and
(B) how the National Aeronautics and Space
Administration will be able to meet baseline scientific
requirements described in subparagraph (A) that cannot
be met by commercial providers.
(2) Contents of study.--In conducting the study under this
subsection, the Administrator shall--
(A) make recommendations to promote the
availability of information from the National
Aeronautics and Space Administration to commercial
providers to enable commercial providers to better meet
the baseline scientific requirements of Mission to
Planet Earth;
(B) make recommendations to promote the
dissemination to commercial providers of information on
advanced technology research and development performed
by or for the National Aeronautics and Space
Administration; and
(C) identify policy, regulatory, and legislative
barriers to the implementation of the recommendations
made under this subsection.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall prepare, and
submit to Congress a report that contains the results of the
study conducted under this subsection, including the findings
of the Administrator.
(d) Safety Standards.--Nothing in this section shall be construed
to prohibit the Federal Government from requiring compliance with
applicable safety standards.
(e) Administration and Execution.--This section shall be carried
out as part of the Commercial Remote Sensing Program at the Stennis
Space Center of the National Aeronautics and Space Administration.
TITLE II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
SEC. 201. REQUIREMENT TO PROCURE COMMERCIAL SPACE TRANSPORTATION
SERVICES.
(a) In General.--Except as otherwise provided in this section, the
Federal Government shall acquire space transportation services from
United States commercial providers in any case in which those services
are required in the course of the activities of the Federal Government.
To the maximum extent practicable, the heads of departments, agencies,
and instrumentalities of 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
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) 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
(6) with respect to a payload--
(A) it is practicable to make use of the available
cargo space on an International Space Shuttle mission,
to make that payload a secondary payload; and
(B) that payload is consistent with the
requirements of research, development, demonstration,
scientific, commercial, and educational programs
authorized by the Administrator.
(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 enactment of this
Act, or with respect to which a contract for that acquisition or
ownership has been entered into before that date of enactment.
(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 SPACE TRANSPORTATION SERVICES.
(a) Treatment of Space Transportation Services 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 (including chapters 137 and 140 of title
10, United States Code), except that space transportation services
shall be considered to be a commercial item for purposes of such laws
(including section 2306a of title 10, United States Code (relating to
cost or pricing data), section 2320 of such title (relating to rights
in technical data) and section 2321 of such title (relating to
validation of proprietary data restrictions)).
(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) by redesignating section 203 as section 202;
(3) in section 202, as redesignated by paragraph (2) of
this section--
(A) by striking paragraphs (1) and (2); and
(B) by redesignating paragraphs (3) and (4) as
paragraphs (1) and (2), respectively;
(4) by striking sections 204 and 205;
(5) by redesignating section 206 as section 203; and
(6) in section 203, as redesignated by paragraph (5) of
this section--
(A) by striking ``(a) Commercial Payloads on the
Space Shuttle.--''; and
(B) by striking subsection (b).
SEC. 204. USE OF EXCESS INTERCONTINENTAL BALLISTIC MISSILES.
(a) In General.--Except as provided in subsection (b), the Federal
Government shall not--
(1) convert any missile described in subsection (c) to a
space transportation vehicle configuration or otherwise use any
such missile to place a payload in space; or
(2) transfer ownership of any such missile to another
person.
(b) Authorized Federal Uses.--
(1) In general.--A missile described in subsection (c) may
be converted for use as a space transportation vehicle by the
Federal Government if, except as provided in paragraph (2), at
least 30 days before such conversion the agency seeking to use
the missile as a space transportation vehicle transmits to the
Committee on National Security and the Committee on Science of
the House of Representatives, and to the Committee on Armed
Services and the Committee on Commerce, Science, and
Transportation of the Senate, a report that contains either--
(A) a certification that the use of that missile--
(i) would result in cost savings to the
Federal Government when compared to the cost of
acquiring space transportation services from
United States commercial providers;
(ii) meets all mission requirements of the
agency, including performance, schedule, and
risk requirements;
(iii) is consistent with international
obligations of the United States; and
(iv) is approved by the Secretary of
Defense or a designee of the Secretary of
Defense; or
(B) a certification that the payload of such
missile--
(i) is solely for scientific or educational
purposes;
(ii) has been validated for scientific or
educational merit by the National Aeronautics
and Space Administration or the Department of
Defense;
(iii) costs less than $20,000,000; and
(iv) is approved by either the
Administrator of the National Aeronautics and
Space Administration or the Secretary of
Defense or a designee of either Secretary.
(2) Exception for meeting national security requirements.--
The requirement under paragraph (1) that a report described in
that paragraph be transmitted at least 30 days before
conversion of a missile shall not apply if the Secretary of
Defense determines that compliance with that requirement would
be inconsistent with meeting immediate national security
requirements.
(3) Maximum number of converted missiles.--The number of
missiles converted under paragraph (1)(B) shall be limited to a
maximum of 7 each calendar year.
(c) Missile.--The missiles described in this subsection 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 retired from service in compliance with
international obligations of the United States.
SEC. 205. NATIONAL LAUNCH CAPABILITY.
(a) Findings.--Congress finds that--
(1) a robust satellite and launch industry in the United
States serves the interest of the United States by--
(A) contributing to the economy of the United
States;
(B) strengthening employment, technological, and
scientific interests of the United States; and
(C) serving the foreign policy and national
security interests of the United States;
(2) to secure the national interests of the United States,
it is necessary for the Federal Government to--
(A) nurture a satellite and launch industry that
leads that industry in the world; and
(B) provide for cost-competitive launch property
and launch services for that industry; and
(3) it is the responsibility of the Federal Government to
create domestic and international conditions that are favorable
to the health and growth of the United States satellite and
launch industry.
(b) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(2) Total potential national mission model.--The term
``total potential national mission model'' means a model that--
(A) is determined by the Secretary, in consultation
with the Administrator, to assess the total potential
space missions to be conducted by the United States
during a specified period of time; and
(B) includes all United States launches (including
launches conducted on or off a Federal range).
(c) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall, in consultation
with the Administrator and appropriate representatives of the
satellite and launch industry and the governments of States and
political subdivisions thereof--
(A) prepare a report that meets the requirements of
this subsection; and
(B) submit that report to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Science of the House of
Representatives.
(2) Requirements for report.--The report prepared under
this section shall--
(A) identify the total potential national mission
model for the period beginning on the date of the
report and ending on December 31, 2007;
(B) identify the resources that are necessary to
carry out the total potential national mission model
described in subparagraph (A), including providing
for--
(i) launch property and services of the
Department of Defense; and
(ii) the ability to support a launch within
6 hours after the appropriate official of the
Federal Government receives notification by
telephone at Government facilities located at--
(I) Cape Canaveral in Florida; or
(II) Vandenberg Air Force Base in
California;
(C) identify each deficiency in the resources
referred to in subparagraph (B);
(D) with respect to the deficiencies identified
under subparagraph (C), including estimates of the
level of funding necessary to address those
deficiencies for the period described in subparagraph
(A);
(E) identify opportunities for investment by non-
Federal entities (including States and political
subdivisions thereof and private sector entities) to
assist the Federal Government in providing launch
capabilities for the commercial space industry in the
United States;
(F) identify 1 or more methods by which, if
sufficient resources referred to in subparagraph (D)
are not available to the Department of Defense, the
control of the launch property and launch services of
the Department of Defense may be transferred from the
Department of Defense to--
(i) 1 or more other Federal agencies;
(ii) 1 or more States (or political
subdivisions thereof);
(iii) 1 or more private sector entities; or
(iv) any combination of the entities
described in clauses (i) through (iii); and
(G) identify the technical, structural, and legal
impediments associated with making launch sites in the
United States cost-competitive on an international
level.
SEC. 206. ADMINISTRATION OF COMMERCIAL SPACE CENTERS.
The Administrator shall coordinate and administer the Commercial
Space Center program from the headquarters of the National Aeronautics
and Space Administration in Washington, D.C.
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