II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Commercial Space Act of 1997’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 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.
2

•S 1473 IS

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.

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the National

5 Aeronautics and Space Administration;

6 (2) COMMERCIAL PROVIDER.—The term ‘‘com7 mercial provider’’ means any person providing space

8 transportation services or other space-related activi9 ties, the primary control of which is held by a person

10 other than the Federal Government, a State or local

11 government, or a foreign government.

12 (3) PAYLOAD.—

13 (A) IN GENERAL.—The term ‘‘payload’’

14 means anything that a person undertakes to

15 transport to, from, or within outer space, or in

16 suborbital trajectory, by means of a space

17 transportation vehicle.
3

•S 1473 IS

1 (B) EXCEPTION.—The term does not in2 clude a space transportation vehicle (other than

3 any component of a space transportation vehicle

4 that is specifically designed or adapted for a

5 payload).

6 (4) SPACE-RELATED ACTIVITIES.—The term

7 ‘‘space-related activities’’ includes research and de8 velopment, manufacturing, processing, service, and

9 other associated and support activities.

10 (5) SPACE TRANSPORTATION SERVICES.—The

11 term ‘‘space transportation services’’ means the

12 preparation of a space transportation vehicle and

13 its—

14 (A) payloads for transportation to, from,

15 or within outer space, or in suborbital trajec16 tory; and

17 (B) the conduct of transporting a payload

18 to, from, or within outer space, or in suborbital

19 trajectory.

20 (6) SPACE TRANSPORTATION VEHICLE.—the

21 term ‘‘space transportation vehicle’’ means any vehi22 cle constructed for the purpose of operating in, or

23 transporting a payload to, from, or within, outer

24 space, or in suborbital trajectory, and includes any
4

•S 1473 IS

1 component of such vehicle not specifically designed

2 or adapted for a payload.

3 (7) STATE.—The term ‘‘State’’ means each of

4 the several States of the Union, the District of Co5 lumbia, the Commonwealth of Puerto Rico, the Vir6 gin Islands, Guam, American Samoa, the Common7 wealth of the Northern Mariana Islands, and any

8 other commonwealth, territory, or possession of the

9 United States.

10 (8) UNITED STATES COMMERCIAL PROVIDER.—

11 The term ‘‘United States commercial provider’’

12 means a commercial provider, organized under the

13 laws of the United States or of a State, that is—

14 (A) more than 50 percent owned by United

15 States nationals; or

16 (B) a subsidiary of a foreign company with

17 respect to which the Secretary of Transpor18 tation finds that—

19 (i) that subsidiary has evidenced a

20 substantial commitment to the United

21 States market through—

22 (I) investments in the United

23 States in long-term research, develop24 ment, and manufacturing (including
5

•S 1473 IS

1 the manufacture of major components

2 and subassemblies); and

3 (II) significant contributions to

4 employment in the United States; and

5 (ii) each country in which that foreign

6 company is incorporated or organized, and,

7 if appropriate, in which the foreign com8 pany principally conducts its business, af9 fords reciprocal treatment to companies

10 described in subparagraph (A) comparable

11 to that afforded to a subsidiary of that for12 eign company in the United States, as evi13 denced by—

14 (I) providing comparable oppor15 tunities for companies described in

16 subparagraph (A) to participate in

17 Government-sponsored research and

18 development activities similar to the

19 research and development activity au20 thorized under this Act;

21 (II) providing no barriers, to

22 companies described in subparagraph

23 (A) with respect to local investment

24 opportunities, that are not provided to
6

•S 1473 IS

1 foreign companies in the United

2 States; and

3 (III) providing adequate and ef4 fective protection for the intellectual

5 property rights of companies de6 scribed in subparagraph (A).

7 TITLE I—PROMOTION OF COM8 MERCIAL SPACE OPPORTUNI9 TIES

10 SEC. 101. COMMERCIALIZATION OF SPACE STATION.

11 (a) POLICY.—Congress declares that—

12 (1) a priority goal of constructing the Inter13 national Space Station is the economic development

14 of Earth orbital space;

15 (2) free and competitive markets create the

16 most efficient conditions for promoting economic de17 velopment, and should therefore govern the economic

18 development of Earth orbital space; and

19 (3) the use of free market principles in operat20 ing, servicing, allocating the use of, and adding ca21 pabilities to the Space Station, and the resulting

22 fullest possible engagement of commercial providers

23 and participation of commercial users, will reduce

24 the operational costs of the International Space Sta25 tion for all partners and the share of the Federal
7

•S 1473 IS

1 Government with respect to the United States bur2 den to fund operations.

3 (b) REPORTS.—

4 (1) IN GENERAL.—Not later than 90 days after

5 the date of the enactment of this Act, the Adminis6 trator shall prepare and submit to the Committee on

7 Science of the House of Representatives and the

8 Committee on Commerce, Science, and Transpor9 tation of the Senate, a report or study conducted

10 under this subsection.

11 (2) CONTENTS OF STUDY.—The study con12 ducted under this subsection shall identify and

13 examine—

14 (A) the opportunities for commercial pro15 viders to play a role in International Space Sta16 tion activities, including operation, use, servic17 ing, and augmentation;

18 (B) the potential cost savings to be derived

19 from commercial providers playing a role in

20 each of the activities referred to in subpara21 graph (A);

22 (C) which of the opportunities described in

23 subparagraph (A) the Administrator plans to

24 make available to commercial providers in fiscal

25 years 1998 and 1999;
8

•S 1473 IS

1 (D) the specific policies and initiatives that

2 the Administrator is advancing to encourage

3 and facilitate the commercial opportunities re4 ferred to in subparagraph (A); and

5 (E) the revenues and cost reimbursements

6 to the Federal Government from commercial

7 users of the International Space Station.

8 (3) INDEPENDENTLY CONDUCTED MARKET

9 STUDY.—Not later than 180 days after the date of

10 enactment of this Act, the Administrator shall—

11 (A) provide for an independently conducted

12 market study that—

13 (i) examines and evaluates potential

14 industry interest in—

15 (I) providing commercial goods

16 and services for the operation, servic17 ing, and augmentation of the Inter18 national Space Station; and

19 (II) the commercial use of the

20 International Space Station; and

21 (ii) includes updates to the cost sav22 ings and revenue estimates made in the

23 study described in paragraph (1), based on

24 the external market assessment; and
9

•S 1473 IS

1 (B) submit a report on the findings of the

2 study to the Committee on Science of the

3 House of Representatives and the Committee

4 on Commerce, Science, and Transportation of

5 the Senate.

6 (4) REPORT ON SOLICITATIONS.—

7 (A) IN GENERAL.—Not later than the date

8 on which the President submits an annual

9 budget request for fiscal year 1999 pursuant to

10 section 1105(a) of title 31, United States Code,

11 the Administrator shall prepare and submit to

12 Congress a report that provides the number of

13 proposals (including solicited and unsolicited

14 proposals) that were received by the Adminis15 trator during calendar year 1997 regarding—

16 (i) commercial operation;

17 (ii) servicing;

18 (iii) utilization; or

19 (iv) augmentation of the International

20 Space Station.

21 (B) CONTENTS OF REPORT.—The report

22 under subparagraph (A) shall specify, for each

23 of the categories described in clauses (i)

24 through (iv) of that subparagraph—
10

•S 1473 IS

1 (i) the number of proposals received

2 by the Administrator during the period

3 specified in subparagraph (A); and

4 (ii) the number of agreements that

5 the Administrator entered into in response

6 to the proposals.

7 SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS.

8 (a) AMENDMENTS.—Chapter 701 of title 49, United

9 States Code, is amended—

10 (1) in the table of sections—

11 (A) by amending the item relating to sec12 tion 70104 to read as follows:

‘‘70104. Restrictions on launches, operations, and reentries.’’;

13 (B) by amending the item relating to sec14 tion 70108 to read as follows:

‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites

and reentry sites, and reentries.’’;

15 (C) by amending the item relating to sec16 tion 70109 to read as follows:

‘‘70109. Preemption of scheduled launches or reentries.’’;

17 and

18 (D) by adding at the end the following new

19 items:

‘‘70120. Regulations.

‘‘70121. Report to Congress.’’.

20 (2) in section 70101—

21 (A) in subsection (a)—
11

•S 1473 IS

1 (i) in paragraph (3), by inserting

2 ‘‘microgravity research,’’ after ‘‘informa3 tion services,’’;

4 (ii) in paragraph (4), by inserting ‘‘,

5 reentry,’’ after ‘‘launching’’ both places it

6 appears;

7 (iii) in paragraph (5), by inserting ‘‘,

8 reentry vehicles,’’ after ‘‘launch vehicles’’;

9 (iv) in paragraph (6), by inserting

10 ‘‘and reentry services’’ after ‘‘launch

11 services’’;

12 (v) in paragraph (7), by inserting ‘‘,

13 reentries,’’ after ‘‘launches’’ both places it

14 appears;

15 (vi) in paragraph (8)—

16 (I) by inserting ‘‘, reentry sites,’’

17 after ‘‘launch sites’’; and

18 (II) by inserting ‘‘and reentry

19 services’’ after ‘‘launch services’’; and

20 (vii) in paragraph (9)—

21 (I) by inserting ‘‘reentry sites,’’

22 after ‘‘launch sites,’’; and

23 (II) by inserting ‘‘and reentry

24 site’’ after ‘‘launch site’’; and

25 (B) in subsection (b)—
12

•S 1473 IS

1 (i) in paragraph (2)—

2 (I) in the matter preceding sub3 paragraph (A), by inserting ‘‘, reentry

4 vehicles,’’ after ‘‘launch vehicles’’; and

5 (II) in subparagraph (A), by

6 striking ‘‘launch’’;

7 (ii) in paragraph (3)—

8 (I) by inserting ‘‘and reentry’’

9 after ‘‘commercial launch’’; and

10 (II) by striking ‘‘launch’’ after

11 ‘‘and transfer commercial’’; and

12 (iii) in paragraph (4), by inserting

13 ‘‘and development of reentry sites,’’ after

14 ‘‘launch-site support facilities,’’;

15 (3) in section 70102—

16 (A) in paragraph (3), by striking ‘‘and any

17 payload’’ and inserting ‘‘or reentry vehicle and

18 any payload from Earth’’;

19 (B) in paragraph (5)—

20 (i) by redesignating subparagraphs

21 (A) and (B) as subparagraphs (B) and

22 (C), respectively; and

23 (ii) by inserting before subparagraph

24 (B), as so redesignated by clause (i) of this
13

•S 1473 IS

1 subparagraph, the following new subpara2 graph:

3 ‘‘(A) activities directly related to the prep4 aration of a launch site or payload facility for

5 one or more launches;’’;

6 (C) in paragraph (8), by inserting ‘‘or re7 entry vehicle’’ after ‘‘means of a launch

8 vehicle’’;

9 (D) by redesignating paragraphs (10)

10 through (12) as paragraphs (14) through (16),

11 respectively;

12 (E) by inserting after paragraph (9) the

13 following:

14 ‘‘(10) ‘reenter’ and ‘reentry’ mean to return or

15 attempt to return, purposefully, a reentry vehicle

16 and its payload, if any, from Earth orbit or from

17 outer space to Earth.

18 ‘‘(11) ‘reentry services’ means—

19 ‘‘(A) activities involved in the preparation

20 of a reentry vehicle and its payload, if any, for

21 reentry; and

22 ‘‘(B) the conduct of a reentry.

23 ‘‘(12) ‘reentry site’ means the location on Earth

24 to which a reentry vehicle is intended to return (as
14

•S 1473 IS

1 defined in a license the Secretary issues or transfers

2 under this chapter);

3 ‘‘(13) ‘reentry vehicle’ means a vehicle designed

4 to return from Earth orbit or outer space to Earth,

5 or a reusable launch vehicle designed to return from

6 outer space substantially intact;’’; and

7 (F) in paragraph (15), as redesignated by

8 subparagraph (C) of this paragraph, by insert9 ing ‘‘or reentry services’’ after ‘‘launch serv10 ices’’ each place it appears;

11 (4) in section 70103(b)—

12 (A) in the subsection heading, by inserting

13 ‘‘AND REENTRIES’’ after ‘‘LAUNCHES’’;

14 (B) in paragraph (1), by inserting ‘‘and re15 entries’’ after ‘‘space launches’’; and

16 (C) in paragraph (2), by inserting ‘‘and re17 entry’’ after ‘‘space launch’’;

18 (5) in section 70104—

19 (A) by amending the section designation

20 and heading to read as follows:

21 ‘‘§ 70104. Restrictions on launches, operations, and

22 reentries’’;

23 (B) in subsection (a)—
15

•S 1473 IS

1 (i) by inserting ‘‘or reentry site, or to

2 reenter a reentry vehicle,’’ after ‘‘operate a

3 launch site’’ each place it appears; and

4 (ii) in paragraphs (3) and (4), by in5 serting ‘‘or reentry’’ after ‘‘launch or oper6 ation’’ each place it appears;

7 (C) in subsection (b)—

8 (i) by striking ‘‘launch license’’ and

9 inserting ‘‘license’’;

10 (ii) by inserting ‘‘or reenter’’ after

11 ‘‘may launch’’; and

12 (iii) by inserting ‘‘or reentering’’ after

13 ‘‘related to launching’’; and

14 (D) in subsection (c)—

15 (i) by amending the subsection head16 ing to read as follows: ‘‘PREVENTING

17 LAUNCHES AND REENTRIES.—’’;

18 (ii) by inserting ‘‘or reentry’’ after

19 ‘‘prevent the launch’’; and

20 (iii) by inserting ‘‘or reentry’’ after

21 ‘‘decides the launch’’;

22 (6) in section 70105—

23 (A) in subsection (a)—

24 (i) by inserting ‘‘(1)’’ before ‘‘A per25 son may apply’’;
16

•S 1473 IS

1 (ii) by striking ‘‘receiving an applica2 tion’’ both places it appears and inserting

3 ‘‘accepting an application in accordance

4 with criteria established pursuant to sub5 section (b)(2)(D)’’; and

6 (iii) by adding at the end the follow7 ing: ‘‘The Secretary shall transmit to the

8 Committee on Science of the House of

9 Representatives and the Committee on

10 Commerce, Science, and Transportation of

11 the Senate a written notice not later than

12 7 days after any occurrence when a license

13 is not issued by the date specified in this

14 subsection.

15 ‘‘(2) In carrying out paragraph (1), the Secretary

16 may establish procedures for certification of the safety of

17 launch vehicles, reentry vehicles, safety systems, proce18 dures, services, or personnel that may be used in conduct19 ing licensed commercial space launch or reentry

20 activities.’’; and

21 (B) in subsection (b)—

22 (i) in paragraph (1), by inserting ‘‘or

23 a reentry site, or the reentry of a reentry

24 vehicle,’’ after ‘‘operation of a launch site’’;

25 (ii) in paragraph (2)—
17

•S 1473 IS

1 (I) in subparagraph (A)—

2 (aa) by striking ‘‘or oper3 ation’’ and inserting ‘‘, operation,

4 or reentry’’; and

5 (bb) by striking ‘‘and’’ at

6 the end;

7 (II) in subparagraph (B), by

8 striking the period at the end; and

9 (III) by adding at the end the

10 following:

11 ‘‘(D) regulations establishing criteria for ac12 cepting or rejecting an application for a license

13 under this chapter within 60 days after receipt of

14 such application.’’; and

15 (iii) in paragraph (3), by inserting ‘‘,

16 including the requirement to obtain a li17 cense,’’ after ‘‘waive a requirement’’;

18 (7) in section 70106(a)—

19 (A) by inserting ‘‘or reentry site’’ after

20 ‘‘observer at a launch site’’;

21 (B) by inserting ‘‘or reentry vehicle’’ after

22 ‘‘assemble a launch vehicle’’; and

23 (C) by inserting ‘‘or reentry vehicle’’ after

24 ‘‘with a launch vehicle’’;

25 (8) in section 70108—
18

•S 1473 IS

1 (A) by amending the section designation

2 and heading to read as follows:

3 ‘‘§ 70108. Prohibition, suspension, and end of

4 launches, operation of launch sites and

5 reentry sites, and reentries’’;

6 and

7 (B) in subsection (a)—

8 (i) by inserting ‘‘or reentry site, or re9 entry of a reentry vehicle,’’ after ‘‘oper10 ation of a launch site’’; and

11 (ii) by inserting ‘‘or reentry’’ after

12 ‘‘launch or operation’’;

13 (9) in section 70109—

14 (A) by amending the section designation

15 and heading to read as follows:

16 ‘‘§ 70109. Preemption of scheduled launches or reen17 tries’’;

18 (B) in subsection (a)—

19 (i) by inserting ‘‘or reentry’’ after

20 ‘‘ensure that a launch’’;

21 (ii) by inserting ‘‘, reentry site,’’ after

22 ‘‘United States Government launch site’’;

23 (iii) by inserting ‘‘or reentry date

24 commitment’’ after ‘‘launch date commit25 ment’’;
19

•S 1473 IS

1 (iv) by inserting ‘‘or reentry’’ after

2 ‘‘obtained for a launch’’;

3 (v) by inserting ‘‘, reentry site,’’ after

4 ‘‘access to a launch site’’;

5 (vi) by inserting ‘‘, or services related

6 to a reentry,’’ after ‘‘amount for launch

7 services’’; and

8 (vii) by inserting ‘‘or reentry’’ after

9 ‘‘the scheduled launch’’; and

10 (C) in subsection (c), by inserting ‘‘or re11 entry’’ after ‘‘prompt launching’’;

12 (10) in section 70110(a)—

13 (A) in paragraph (2), by inserting ‘‘or re14 entry’’ after ‘‘prevent the launch’’; and

15 (B) in paragraph (3)(B), by inserting ‘‘or

16 reentry site, or reentry of a reentry vehicle,’’

17 after ‘‘operation of a launch site’’;

18 (11) in section 70111—

19 (A) in subsection (a)—

20 (i) in paragraph (1)—

21 (I) in subparagraph (A), by in22 serting ‘‘or reentry’’ after ‘‘launch’’;

23 and
20

•S 1473 IS

1 (II) in subparagraph (B), by in2 serting ‘‘and reentry services’’ after

3 ‘‘launch services’’; and

4 (III) by inserting after subpara5 graph (B) the following flush sen6 tence:

7 ‘‘The Secretary shall coordinate the establishment of cri8 teria and procedures for determining the priority of com9 peting requests from the private sector and State govern10 ments for property and services under this section.’’; and

11 (ii) in paragraph (2), by inserting ‘‘or

12 reentry services’’ after ‘‘or launch

13 services’’;

14 (B) in subsection (b)—

15 (i) in paragraph (1), by inserting ‘‘or

16 reentry’’ after ‘‘commercial launch’’ both

17 places it appears;

18 (ii) in paragraph (2)(C), by inserting

19 ‘‘or reentry services’’ after ‘‘launch serv20 ices’’; and

21 (iii) by adding at the end the follow22 ing:

23 ‘‘(3) The Secretary shall ensure the establishment of

24 uniform guidelines for, and consistent implementation of,

25 this section by all Federal agencies.’’; and
21

•S 1473 IS

1 (C) in subsection (d)—

2 (i) by striking ‘‘or its payload for

3 launch’’ and inserting ‘‘or reentry vehicle,

4 or the payload of either, for launch or re5 entry’’; and

6 (ii) by inserting ‘‘, reentry vehicle,’’

7 after ‘‘manufacturer of the launch vehicle’’;

8 (12) in section 70112—

9 (A) in subsection (a)—

10 (i) in paragraph (1), by inserting

11 ‘‘launch, reentry, or site operator’’ after

12 ‘‘(1) When a’’;

13 (ii) in paragraph (3), by inserting ‘‘or

14 reentry’’ after ‘‘one launch’’; and

15 (iii) in paragraph (4), by inserting ‘‘or

16 reentry services’’ after ‘‘launch services’’;

17 (B) in subsection (b)—

18 (i) in paragraph (1), by inserting

19 ‘‘launch, reentry, or site operator’’ after

20 ‘‘A’’;

21 (ii) by inserting ‘‘or reentry services’’

22 after ‘‘launch services’’ each place it ap23 pears; and
22

•S 1473 IS

1 (iii) in paragraphs (1) and (2), by in2 serting ‘‘applicable’’ after ‘‘carried out

3 under the’’;

4 (C) in subsection (d)(1), by striking

5 ‘‘Space, and Technology’’;

6 (D) in subsection (e)—

7 (i) in the heading, by inserting ‘‘OR

8 REENTRIES’’ after ‘‘LAUNCHES’’; and

9 (ii) by inserting ‘‘or reentry site or a

10 reentry’’ after ‘‘launch site’’; and

11 (E) in subsection (f), by inserting ‘‘launch,

12 reentry, or site operator’’ after ‘‘carried out

13 under a’’;

14 (13) in section 70113 (a)(1) and (d) (1) and

15 (2), by inserting ‘‘or reentry’’ after ‘‘one launch’’

16 each place it appears;

17 (14) in section 70115(b)(1)(D)(i)—

18 (A) by inserting ‘‘reentry site,’’ after

19 ‘‘launch site,’’; and

20 (B) by inserting ‘‘or reentry vehicle’’ after

21 ‘‘launch vehicle’’ both places it appears;

22 (15) in section 70117—

23 (A) in subsection (a), by inserting ‘‘or re24 entry site, or to reenter a reentry vehicle’’ after

25 ‘‘operate a launch site’’;
23

•S 1473 IS

1 (B) in subsection (d), by inserting ‘‘or re2 entry’’ after ‘‘approval of a space launch’’;

3 (C) by amending subsection (f) to read as

4 follows:

5 ‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN

6 IMPORT.—For purposes of a law controlling exports or im7 ports, a launch vehicle, reentry vehicle, or payload that

8 is launched or reentered is not, because of the launch or

9 reentry, an export or import.’’; and

10 (D) in subsection (g)—

11 (i) in paragraph (1), by striking ‘‘op12 eration of a launch vehicle or launch site,’’

13 and inserting ‘‘reentry, operation of a

14 launch vehicle or reentry vehicle, or oper15 ation of a launch site or reentry site,’’; and

16 (ii) in paragraph (2), by inserting ‘‘re17 entry,’’ after ‘‘launch,’’; and

18 (16) by adding at the end the following:

19 ‘‘§ 70120. Regulations

20 ‘‘Not later than 180 days after the date of enactment

21 of the Commercial Space Act of 1997, the Secretary of

22 Transportation shall issue regulations to carry out this

23 chapter. The regulations issued under this section shall

24 include—
24

•S 1473 IS

1 ‘‘(1) guidelines for industry to obtain sufficient

2 insurance coverage for potential damages to third

3 parties;

4 ‘‘(2) procedures for requesting and obtaining li5 censes to operate a commercial launch vehicle and

6 reentry vehicle;

7 ‘‘(3) procedures for requesting and obtaining

8 operator licenses for launch and reentry;

9 ‘‘(4) procedures for the application of govern10 ment indemnification; and

11 ‘‘(5) procedures for the application of govern12 ment indemnification.

13 ‘‘§ 70121. Report to Congress

14 ‘‘The Secretary of Transportation shall submit to

15 Congress an annual report to accompany the budget re16 quest submitted by the President under section 1105(a)

17 of title 31, United States Code, that, for the period cov18 ered by the report—

19 ‘‘(1) describes all activities undertaken under

20 this chapter, including—

21 ‘‘(A) a description of the process for the

22 application for and approval of licenses under

23 this chapter; and
25

•S 1473 IS

1 ‘‘(B) recommendations for legislation that

2 may further commercial launches and reentries;

3 and

4 ‘‘(2) reviews the performance of the regulatory

5 activities and the effectiveness of the Office of Com6 mercial Space Transportation.’’.

7 (b) EFFECTIVE DATE.—The amendments made by

8 subsection (a)(6)(A)(ii) shall take effect upon the effective

9 date of final regulations issued pursuant to section

10 70105(b)(2)(D) of title 49, United States Code, as added

11 by subsection (a)(6)(B)(ii)(III).

12 SEC. 103. LAUNCH VOUCHER DEMONSTRATION PROGRAM.

13 Section 504 of the National Aeronautics and Space

14 Administration Authorization Act, Fiscal Year 1993 (15

15 U.S.C. 5803) is amended—

16 (1) in subsection (a)—

17 (A) by striking ‘‘the Office of Commercial

18 Programs within’’; and

19 (B) by striking ‘‘Such program shall not

20 be effective after September 30, 1995.’’;

21 (2) by striking subsection (c); and

22 (3) by redesignating subsections (d) and (e) as

23 subsections (c) and (d), respectively.
26

•S 1473 IS

1 SEC. 104. PROMOTION OF UNITED STATES GLOBAL POSI2 TIONING SYSTEM STANDARDS.

3 (a) FINDING.—The Congress finds that the Global

4 Positioning System, including satellites, signal equipment,

5 ground stations, data links, and associated command and

6 control facilities, has become an essential element in civil,

7 scientific, and military space development because of the

8 emergence of a United States commercial industry which

9 provides Global Positioning System equipment and related

10 services.

11 (b) INTERNATIONAL COOPERATION.—In order to

12 support and sustain the Global Positioning System in a

13 manner that will most effectively contribute to the na14 tional security, public safety, scientific, and economic in15 terests of the United States, Congress encourages the

16 President to—

17 (1) ensure the operation of the Global Position18 ing System on a continuous worldwide basis, free of

19 direct user fees; and

20 (2) enter into international agreements that

21 promote cooperation with foreign governments and

22 international organizations to—

23 (A) establish the Global Positioning Sys24 tem and its augmentations as an acceptable

25 international standard; and
27

•S 1473 IS

1 (B) eliminate any foreign barriers to appli2 cations of the Global Positioning System world3 wide.

4 SEC. 105. ACQUISITION OF SPACE SCIENCE DATA.

5 (a) SPACE SCIENCE DATA DEFINED.—For purposes

6 of this section, the term ‘‘space science data’’ includes sci7 entific data concerning the elemental and mineralogical re8 sources of the moon, asteroids, planets and their moons,

9 and comets, Earth environmental data obtained through

10 remote sensing observations, and solar storm monitoring.

11 (b) ACQUISITION FROM COMMERCIAL PROVIDERS.—

12 The Administrator shall, to the maximum extent prac13 ticable and while satisfying the scientific and educational

14 requirements of the National Aeronautics and Space Ad15 ministration, other agencies, and scientific researchers, ac16 quire, if cost-effective, space science data from a commer17 cial provider.

18 (c) TREATMENT OF SPACE SCIENCE DATA AS COM19 MERCIAL ITEM UNDER ACQUISITION LAWS.—Acquisitions

20 of space science data by the Administrator shall be carried

21 out in accordance with applicable acquisition laws (includ22 ing chapters 137 and 140 of title 10, United States Code),

23 except that space science data shall be considered to be

24 a commercial item for purposes of such laws. Nothing in

25 this subsection shall be construed to preclude the United
28

•S 1473 IS

1 States Government from acquiring sufficient rights in

2 data to meet the needs of the scientific and educational

3 community or the needs of other government activities.

4 (d) SAFETY STANDARDS.—Nothing in this section

5 shall be construed to prohibit the Federal Government

6 from requiring compliance with applicable safety

7 standards.

8 (e) LIMITATION.—This section does not authorize the

9 National Aeronautics and Space Administration to provide

10 financial assistance for the development of commercial

11 systems for the collection of space science data.

12 SEC. 106. ACQUISITION OF EARTH SCIENCE DATA.

13 (a) ACQUISITION.—For purposes of meeting goals of

14 the Federal Government for the mission known as the

15 Mission to Planet Earth, the Administrator shall, to the

16 maximum extent practicable and while satisfying the sci17 entific requirements of the National Aeronautics and

18 Space Administration, acquire, if cost-effective, space19 based and airborne Earth remote sensing data, services,

20 distribution, and applications from a commercial provider.

21 (b) TREATMENT AS COMMERCIAL ITEM UNDER AC22 QUISITION LAWS.—Acquisitions by the Administrator of

23 the data, services, distribution, and applications referred

24 to in subsection (a) shall be carried out in accordance with

25 applicable acquisition laws (including chapters 137 and
29

•S 1473 IS

1 140 of title 10, United States Code), except that such

2 data, services, distribution, and applications shall be con3 sidered to be commercial items for purposes of such laws

4 (including section 2306a of title 10, United States Code

5 (relating to cost or pricing data), section 2320 of such

6 title (relating to rights in technical data) and section 2321

7 of such title (relating to validation of proprietary data re8 strictions)).

9 (c) STUDY.—

10 (1) IN GENERAL.—The Administrator shall con11 duct a study to determine—

12 (A) the extent to which the baseline sci13 entific requirements of Mission to Planet Earth

14 could be met by commercial providers; and

15 (B) how the National Aeronautics and

16 Space Administration will be able to meet base17 line scientific requirements described in sub18 paragraph (A) that cannot be met by commer19 cial providers.

20 (2) CONTENTS OF STUDY.—In conducting the

21 study under this subsection, the Administrator

22 shall—

23 (A) make recommendations to promote the

24 availability of information from the National

25 Aeronautics and Space Administration to com-
30

•S 1473 IS

1 mercial providers to enable commercial provid2 ers to better meet the baseline scientific re3 quirements of Mission to Planet Earth;

4 (B) make recommendations to promote the

5 dissemination to commercial providers of infor6 mation on advanced technology research and

7 development performed by or for the National

8 Aeronautics and Space Administration; and

9 (C) identify policy, regulatory, and legisla10 tive barriers to the implementation of the rec11 ommendations made under this subsection.

12 (3) REPORT.—Not later than 180 days after

13 the date of enactment of this Act, the Administrator

14 shall prepare, and submit to Congress a report that

15 contains the results of the study conducted under

16 this subsection, including the findings of the Admin17 istrator.

18 (d) SAFETY STANDARDS.—Nothing in this section

19 shall be construed to prohibit the Federal Government

20 from requiring compliance with applicable safety

21 standards.

22 (e) ADMINISTRATION AND EXECUTION.—This section

23 shall be carried out as part of the Commercial Remote

24 Sensing Program at the Stennis Space Center of the Na25 tional Aeronautics and Space Administration.
31

•S 1473 IS

1 TITLE II—FEDERAL ACQUISI2 TION OF SPACE TRANSPOR3 TATION SERVICES

4 SEC. 201. REQUIREMENT TO PROCURE COMMERCIAL

5 SPACE TRANSPORTATION SERVICES.

6 (a) IN GENERAL.—Except as otherwise provided in

7 this section, the Federal Government shall acquire space

8 transportation services from United States commercial

9 providers in any case in which those services are required

10 in the course of the activities of the Federal Government.

11 To the maximum extent practicable, the heads of depart12 ments, agencies, and instrumentalities of the Federal Gov13 ernment shall plan missions to accommodate the space

14 transportation services capabilities of United States com15 mercial providers.

16 (b) EXCEPTIONS.—The Federal Government shall

17 not be required to acquire space transportation services

18 under subsection (a) if, on a case-by-case basis, the Ad19 ministrator or, in the case of a national security issue,

20 the Secretary of the Air Force, determines that—

21 (1) a payload requires the unique capabilities of

22 the space shuttle;

23 (2) cost-effective space transportation services

24 that meet specific mission requirements would not be
32

•S 1473 IS

1 reasonably available from United States commercial

2 providers when required;

3 (3) the use of space transportation services

4 from United States commercial providers poses an

5 unacceptable risk of loss of a unique scientific oppor6 tunity;

7 (4) the use of space transportation services

8 from United States commercial providers is incon9 sistent with national security objectives;

10 (5) it is more cost-effective to transport a pay11 load in conjunction with a test or demonstration of

12 a space transportation vehicle owned by the Federal

13 Government; or

14 (6) with respect to a payload—

15 (A) it is practicable to make use of the

16 available cargo space on an International Space

17 Shuttle mission, to make that payload a second18 ary payload; and

19 (B) that payload is consistent with the re20 quirements of research, development, dem21 onstration, scientific, commercial, and edu22 cational programs authorized by the Adminis23 trator.

24 (c) DELAYED EFFECT.—Subsection (a) shall not

25 apply to space transportation services and space transpor-
33

•S 1473 IS

1 tation vehicles acquired or owned by the Federal Govern2 ment before the date of enactment of this Act, or with

3 respect to which a contract for that acquisition or owner4 ship has been entered into before that date of enactment.

5 (d) HISTORICAL PURPOSES.—This section shall not

6 be construed to prohibit the Federal Government from ac7 quiring, owning, or maintaining space transportation vehi8 cles solely for historical display purposes.

9 SEC. 202. ACQUISITION OF SPACE TRANSPORTATION

10 SERVICES.

11 (a) TREATMENT OF SPACE TRANSPORTATION SERV12 ICES AS COMMERCIAL ITEM UNDER ACQUISITION

13 LAWS.—Acquisitions of space transportation services by

14 the Federal Government shall be carried out in accordance

15 with applicable acquisition laws (including chapters 137

16 and 140 of title 10, United States Code), except that space

17 transportation services shall be considered to be a com18 mercial item for purposes of such laws (including section

19 2306a of title 10, United States Code (relating to cost

20 or pricing data), section 2320 of such title (relating to

21 rights in technical data) and section 2321 of such title

22 (relating to validation of proprietary data restrictions)).

23 (b) SAFETY STANDARDS.—Nothing in this section

24 shall be construed to prohibit the Federal Government
34

•S 1473 IS

1 from requiring compliance with applicable safety stand2 ards.

3 SEC. 203. LAUNCH SERVICES PURCHASE ACT OF 1990

4 AMENDMENTS.

5 The Launch Services Purchase Act of 1990 (42

6 U.S.C. 2465b et seq.) is amended—

7 (1) by striking section 202;

8 (2) by redesignating section 203 as section 202;

9 (3) in section 202, as redesignated by para10 graph (2) of this section—

11 (A) by striking paragraphs (1) and (2);

12 and

13 (B) by redesignating paragraphs (3) and

14 (4) as paragraphs (1) and (2), respectively;

15 (4) by striking sections 204 and 205;

16 (5) by redesignating section 206 as section 203;

17 and

18 (6) in section 203, as redesignated by para19 graph (5) of this section—

20 (A) by striking ‘‘(a) COMMERCIAL PAY21 LOADS ON THE SPACE SHUTTLE.—’’; and

22 (B) by striking subsection (b).
35

•S 1473 IS

1 SEC. 204. USE OF EXCESS INTERCONTINENTAL BALLISTIC

2 MISSILES.

3 (a) IN GENERAL.—Except as provided in subsection

4 (b), the Federal Government shall not—

5 (1) convert any missile described in subsection

6 (c) to a space transportation vehicle configuration or

7 otherwise use any such missile to place a payload in

8 space; or

9 (2) transfer ownership of any such missile to

10 another person.

11 (b) AUTHORIZED FEDERAL USES.—

12 (1) IN GENERAL.—A missile described in sub13 section (c) may be converted for use as a space

14 transportation vehicle by the Federal Government if,

15 except as provided in paragraph (2), at least 30 days

16 before such conversion the agency seeking to use the

17 missile as a space transportation vehicle transmits to

18 the Committee on National Security and the Com19 mittee on Science of the House of Representatives,

20 and to the Committee on Armed Services and the

21 Committee on Commerce, Science, and Transpor22 tation of the Senate, a report that contains either—

23 (A) a certification that the use of that mis24 sile—

25 (i) would result in cost savings to the

26 Federal Government when compared to the
36

•S 1473 IS

1 cost of acquiring space transportation serv2 ices from United States commercial provid3 ers;

4 (ii) meets all mission requirements of

5 the agency, including performance, sched6 ule, and risk requirements;

7 (iii) is consistent with international

8 obligations of the United States; and

9 (iv) is approved by the Secretary of

10 Defense or a designee of the Secretary of

11 Defense; or

12 (B) a certification that the payload of such

13 missile—

14 (i) is solely for scientific or edu15 cational purposes;

16 (ii) has been validated for scientific or

17 educational merit by the National Aero18 nautics and Space Administration or the

19 Department of Defense;

20 (iii) costs less than $20,000,000; and

21 (iv) is approved by either the Admin22 istrator of the National Aeronautics and

23 Space Administration or the Secretary of

24 Defense or a designee of either Secretary.
37

•S 1473 IS

1 (2) EXCEPTION FOR MEETING NATIONAL SECU2 RITY REQUIREMENTS.—The requirement under

3 paragraph (1) that a report described in that para4 graph be transmitted at least 30 days before conver5 sion of a missile shall not apply if the Secretary of

6 Defense determines that compliance with that re7 quirement would be inconsistent with meeting imme8 diate national security requirements.

9 (3) MAXIMUM NUMBER OF CONVERTED MIS10 SILES.—The number of missiles converted under

11 paragraph (1)(B) shall be limited to a maximum of

12 7 each calendar year.

13 (c) MISSILE.—The missiles described in this sub14 section are missiles owned by the United States that—

15 (1) were formerly used by the Department of

16 Defense for national defense purposes as interconti17 nental ballistic missiles; and

18 (2) have been retired from service in compliance

19 with international obligations of the United States.

20 SEC. 205. NATIONAL LAUNCH CAPABILITY.

21 (a) FINDINGS.—Congress finds that—

22 (1) a robust satellite and launch industry in the

23 United States serves the interest of the United

24 States by—
38

•S 1473 IS

1 (A) contributing to the economy of the

2 United States;

3 (B) strengthening employment, techno4 logical, and scientific interests of the United

5 States; and

6 (C) serving the foreign policy and national

7 security interests of the United States;

8 (2) to secure the national interests of the Unit9 ed States, it is necessary for the Federal Govern10 ment to—

11 (A) nurture a satellite and launch industry

12 that leads that industry in the world; and

13 (B) provide for cost-competitive launch

14 property and launch services for that industry;

15 and

16 (3) it is the responsibility of the Federal Gov17 ernment to create domestic and international condi18 tions that are favorable to the health and growth of

19 the United States satellite and launch industry.

20 (b) DEFINITIONS.—In this section:

21 (1) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of Defense.

23 (2) TOTAL POTENTIAL NATIONAL MISSION

24 MODEL.—The term ‘‘total potential national mission

25 model’’ means a model that—
39

•S 1473 IS

1 (A) is determined by the Secretary, in con2 sultation with the Administrator, to assess the

3 total potential space missions to be conducted

4 by the United States during a specified period

5 of time; and

6 (B) includes all United States launches

7 (including launches conducted on or off a Fed8 eral range).

9 (c) REPORT.—

10 (1) IN GENERAL.—Not later than 180 days

11 after the date of enactment of this Act, the Sec12 retary shall, in consultation with the Administrator

13 and appropriate representatives of the satellite and

14 launch industry and the governments of States and

15 political subdivisions thereof—

16 (A) prepare a report that meets the re17 quirements of this subsection; and

18 (B) submit that report to the Committee

19 on Commerce, Science, and Transportation of

20 the Senate and the Committee on Science of the

21 House of Representatives.

22 (2) REQUIREMENTS FOR REPORT.—The report

23 prepared under this section shall—

24 (A) identify the total potential national

25 mission model for the period beginning on the
40

•S 1473 IS

1 date of the report and ending on December 31,

2 2007;

3 (B) identify the resources that are nec4 essary to carry out the total potential national

5 mission model described in subparagraph (A),

6 including providing for—

7 (i) launch property and services of the

8 Department of Defense; and

9 (ii) the ability to support a launch

10 within 6 hours after the appropriate offi11 cial of the Federal Government receives

12 notification by telephone at Government

13 facilities located at—

14 (I) Cape Canaveral in Florida; or

15 (II) Vandenberg Air Force Base

16 in California;

17 (C) identify each deficiency in the re18 sources referred to in subparagraph (B);

19 (D) with respect to the deficiencies identi20 fied under subparagraph (C), including esti21 mates of the level of funding necessary to ad22 dress those deficiencies for the period described

23 in subparagraph (A);

24 (E) identify opportunities for investment

25 by non-Federal entities (including States and
41

•S 1473 IS

1 political subdivisions thereof and private sector

2 entities) to assist the Federal Government in

3 providing launch capabilities for the commercial

4 space industry in the United States;

5 (F) identify 1 or more methods by which,

6 if sufficient resources referred to in subpara7 graph (D) are not available to the Department

8 of Defense, the control of the launch property

9 and launch services of the Department of De10 fense may be transferred from the Department

11 of Defense to—

12 (i) 1 or more other Federal agencies;

13 (ii) 1 or more States (or political sub14 divisions thereof);

15 (iii) 1 or more private sector entities;

16 or

17 (iv) any combination of the entities

18 described in clauses (i) through (iii); and

19 (G) identify the technical, structural, and

20 legal impediments associated with making

21 launch sites in the United States cost-competi22 tive on an international level.
42

•S 1473 IS

1 SEC. 206. ADMINISTRATION OF COMMERCIAL SPACE CEN2 TERS.

3 The Administrator shall coordinate and administer

4 the Commercial Space Center program from the head5 quarters of the National Aeronautics and Space Adminis6 tration in Washington, D.C.

Æ