I

104TH CONGRESS

2D SESSION H. R. 3936

To encourage the development of a commercial space industry in the United

States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 1, 1996

Mr. WALKER (for himself, Mr. SENSENBRENNER, Mr. LARGENT, Mr.

WELDON of Florida, Mr. ROHRABACHER, Mr. HILLEARY, Mr. STOCKMAN, Mr. DAVIS, Mr. CALVERT, Mr. BAKER of California, Mrs.

SEASTRAND, and Mr. TIAHRT) introduced the following bill; which was

referred to the Committee on Science, and in addition to the Committee

on Government Reform and Oversight, for a period to be subsequently

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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 ‘‘Space Commercialization Promotion Act of 1996’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.
2

•HR 3936 IH

TITLE I—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

Sec. 101. Commercialization of space station.

Sec. 102. Commercial space launch amendments.

Sec. 103. Exceptions to employment restrictions.

Sec. 104. Benefits for certain employees transferring from NASA.

Sec. 105. Promotion of United States Global Positioning System standards.

Sec. 106. Purchase of space science data.

TITLE II—REMOTE SENSING

Sec. 201. Land Remote Sensing Policy Act of 1992 amendments.

Sec. 202. Acquisition of earth remote sensing data.

TITLE III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION

SERVICES

Sec. 301. Requirement to procure commercial space transportation services.

Sec. 302. Acquisition of space transportation services.

Sec. 303. Launch Services Purchase Act of 1990 amendments.

Sec. 304. Use of excess intercontinental ballistic missiles.

1 SEC. 2. DEFINITIONS.

2 For purposes of this Act—

3 (1) the term ‘‘Administrator’’ means the Ad4 ministrator of the National Aeronautics and Space

5 Administration;

6 (2) the term ‘‘commercial provider’’ means any

7 person providing space transportation services or

8 other space-related activities, primary control of

9 which is held by persons other than Federal, State,

10 local, and foreign governments;

11 (3) the term ‘‘payload’’ means anything that a

12 person undertakes to transport to, from, or within

13 outer space, or in suborbital trajectory, by means of

14 a space transportation vehicle, but does not include

15 the space transportation vehicle itself except for its
3

•HR 3936 IH

1 components which are specifically designed or adapt2 ed for that payload;

3 (4) the term ‘‘space-related activities’’ includes

4 research and development, manufacturing, process5 ing, service, and other associated and support activi6 ties;

7 (5) the term ‘‘space transportation services’’

8 means the preparation of a space transportation ve9 hicle and its payloads for transportation to, from, or

10 within outer space, or in suborbital trajectory, and

11 the conduct of transporting a payload to, from, or

12 within outer space, or in suborbital trajectory;

13 (6) the term ‘‘space transportation vehicle’’

14 means any vehicle constructed for the purpose of op15 erating in, or transporting a payload to, from, or

16 within, outer space, or in suborbital trajectory, and

17 includes any component of such vehicle not specifi18 cally designed or adapted for a payload;

19 (7) the term ‘‘State’’ means each of the several

20 States of the Union, the District of Columbia, the

21 Commonwealth of Puerto Rico, the Virgin Islands,

22 Guam, American Samoa, the Commonwealth of the

23 Northern Mariana Islands, and any other common24 wealth, territory, or possession of the United States;
4

•HR 3936 IH

1 (8) the term ‘‘streamlining activities’’ means

2 management reforms which are designed to increase

3 efficiencies in operations and personnel, principally

4 through consolidation of agency activities and migra5 tion of such efforts to the private sector; and

6 (9) the term ‘‘United States commercial pro7 vider’’ means a commercial provider, organized

8 under the laws of the United States or of a State,

9 which is—

10 (A) more than 50 percent owned by United

11 States nationals; or

12 (B) a subsidiary of a foreign company and

13 the Secretary of Transportation finds that—

14 (i) such subsidiary has in the past evi15 denced a substantial commitment to the

16 United States market through—

17 (I) investments in the United

18 States in long-term research, develop19 ment, and manufacturing (including

20 the manufacture of major components

21 and subassemblies); and

22 (II) significant contributions to

23 employment in the United States; and

24 (ii) the country or countries in which

25 such foreign company is incorporated or
5

•HR 3936 IH

1 organized, and, if appropriate, in which it

2 principally conducts its business, affords

3 reciprocal treatment to companies de4 scribed in subparagraph (A) comparable to

5 that afforded to such foreign company’s

6 subsidiary in the United States, as evi7 denced by—

8 (I) providing comparable oppor9 tunities for companies described in

10 subparagraph (A) to participate in

11 Government sponsored research and

12 development similar to that authorized

13 under this Act;

14 (II) providing no barriers to com15 panies described in subparagraph (A)

16 with respect to local investment op17 portunities that are not provided to

18 foreign companies in the United

19 States; and

20 (III) providing adequate and ef21 fective protection for the intellectual

22 property rights of companies de23 scribed in subparagraph (A).
6

•HR 3936 IH

1 TITLE I—PROMOTION OF COM2 MERCIAL SPACE OPPORTUNI3 TIES

4 SEC. 101. COMMERCIALIZATION OF SPACE STATION.

5 (a) POLICY.—The Congress declares that a priority

6 goal of constructing the International Space Station is the

7 economic development of Earth orbital space. The Con8 gress further declares that the use of free market prin9 ciples in operating, allocating the use of, and adding capa10 bilities to the Space Station, and the resulting fullest pos11 sible engagement of commercial providers and participa12 tion of commercial users, will reduce Space Station oper13 ational costs for all partners and the Federal Govern14 ment’s share of the United States burden to fund oper15 ations.

16 (b) REPORT.—The Administrator shall deliver to the

17 Congress, within 60 days after the date of the enactment

18 of this Act, a market study that examines the role of com19 mercial ventures which could supply, use, service, or aug20 ment the International Space Station, the specific policies

21 and initiatives the Administrator is advancing to encour22 age these commercial opportunities, the cost savings to be

23 realized by the international partnership from applying

24 commercial approaches to cost-shared operations, and the
7

•HR 3936 IH

1 cost reimbursements to the United States Government

2 from commercial users of the Space Station.

3 SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS.

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

5 States Code, is amended—

6 (1) in the table of sections—

7 (A) by amending the item relating to sec8 tion 70104 to read as follows:

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

9 (B) by amending the item relating to sec10 tion 70108 to read as follows:

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

and reentry sites, and reentries.’’;

11 (C) by amending the item relating to sec12 tion 70109 to read as follows:

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

13 and

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

15 items:

‘‘70120. Regulations.

‘‘70121. Report to Congress.

‘‘70122. State authority to license commercial spaceports.’’.

16 (2) in section 70101—

17 (A) by inserting ‘‘microgravity research,’’

18 after ‘‘information services,’’ in subsection

19 (a)(3);

20 (B) by inserting ‘‘, reentry,’’ after ‘‘launch21 ing’’ both places it appears in subsection (a)(4);
8

•HR 3936 IH

1 (C) by inserting ‘‘, reentry vehicles,’’ after

2 ‘‘launch vehicles’’ in subsection (a)(5);

3 (D) by inserting ‘‘and reentry services’’

4 after ‘‘launch services’’ in subsection (a)(6);

5 (E) by inserting ‘‘, reentries,’’ after

6 ‘‘launches’’ both places it appears in subsection

7 (a)(7);

8 (F) by inserting ‘‘, reentry sites,’’ after

9 ‘‘launch sites’’ in subsection (a)(8);

10 (G) by inserting ‘‘and reentry services’’

11 after ‘‘launch services’’ in subsection (a)(8);

12 (H) by inserting ‘‘reentry sites,’’ after

13 ‘‘launch sites,’’ in subsection (a)(9);

14 (I) by inserting ‘‘and reentry site’’ after

15 ‘‘launch site’’ in subsection (a)(9);

16 (J) by inserting ‘‘, reentry vehicles,’’ after

17 ‘‘launch vehicles’’ in subsection (b)(2);

18 (K) by striking ‘‘launch’’ in subsection

19 (b)(2)(A);

20 (L) by inserting ‘‘and reentry’’ after ‘‘con21 duct of commercial launch’’ in subsection

22 (b)(3);

23 (M) by striking ‘‘launch’’ after ‘‘and trans24 fer commercial’’ in subsection (b)(3); and
9

•HR 3936 IH

1 (N) by inserting ‘‘and development of re2 entry sites,’’ after ‘‘launch-site support facili3 ties,’’ in subsection (b)(4);

4 (3) in section 70102—

5 (A) by striking ‘‘and any payload’’ and in6 serting in lieu thereof ‘‘or reentry vehicle and

7 any payload from Earth’’ in paragraph (3);

8 (B) in paragraph (5)—

9 (i) by redesignating subparagraphs

10 (A) and (B) as subparagraphs (B) and

11 (C), respectively; and

12 (ii) by inserting before subparagraph

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

14 subparagraph, the following new subpara15 graph:

16 ‘‘(A) activities directly related to the prep17 aration of a launch site or payload facility for

18 one or more launches;’’;

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

20 ‘‘means of a launch vehicle’’ in paragraph (8);

21 (D) by redesignating paragraphs (10)

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

23 respectively;

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

25 following new paragraphs:
10

•HR 3936 IH

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

2 attempt to return, purposefully, a reentry vehicle

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

4 outer space to Earth.

5 ‘‘(11) ‘reentry services’ means—

6 ‘‘(A) activities involved in the preparation

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

8 reentry; and

9 ‘‘(B) the conduct of a reentry.

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

11 to which a reentry vehicle is intended to return (as

12 defined in a license the Secretary issues or transfers

13 under this chapter).

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

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

16 or a reusable launch vehicle designed to return from

17 outer space to Earth, substantially intact.’’; and

18 (F) by inserting ‘‘or reentry services’’ after

19 ‘‘launch services’’ each place it appears in para20 graph (15), as so redesignated by subparagraph

21 (D) of this paragraph;

22 (4) in section 70103—

23 (A) by striking ‘‘The Secretary’’ in sub24 section (a) and inserting in lieu thereof ‘‘Except
11

•HR 3936 IH

1 as provided in section 70122, the Secretary’’;

2 and

3 (B) in subsection (b)—

4 (i) by inserting ‘‘AND REENTRIES AND

5 STATE SPONSORED SPACEPORTS’’ after

6 ‘‘LAUNCHES’’ in the subsection heading;

7 (ii) by striking ‘‘by the private sector’’

8 in paragraph (1) and inserting in lieu

9 thereof ‘‘and reentries by the private sector

10 and State sponsored spaceports’’ after

11 ‘‘space launches’’; and

12 (iii) by inserting ‘‘and reentry’’ after

13 ‘‘space launch’’ in paragraph (2);

14 (5) in section 70104—

15 (A) by amending the section designation

16 and heading to read as follows:

17 ‘‘§ 70104. Restrictions on launches, operations, and

18 reentries’’;

19 (B) by inserting ‘‘or reentry site, or to re20 enter a reentry vehicle,’’ after ‘‘operate a

21 launch site’’ each place it appears in subsection

22 (a);

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

24 or operation’’ in subsection (a)(3) and (4);

25 (D) in subsection (b)—
12

•HR 3936 IH

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

2 inserting in lieu thereof ‘‘license’’;

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

4 ‘‘may launch’’; and

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

6 ‘‘related to launching’’; and

7 (E) in subsection (c)—

8 (i) by amending the subsection head9 ing to read as follows: ‘‘PREVENTING

10 LAUNCHES AND REENTRIES.—’’;

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

12 ‘‘prevent the launch’’; and

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

14 ‘‘decides the launch’’;

15 (6) in section 70105—

16 (A) by inserting ‘‘(1)’’ before ‘‘A person

17 may apply’’ in subsection (a);

18 (B) by striking ‘‘receiving an application’’

19 both places it appears in subsection (a) and in20 serting in lieu thereof ‘‘accepting an application

21 in accordance with criteria established pursuant

22 to subsection (b)(2)(D)’’;

23 (C) by inserting at the end of subsection

24 (a) the following: ‘‘The Secretary shall submit

25 to the Committee on Science of the House of
13

•HR 3936 IH

1 Representatives and the Committee on Com2 merce, Science, and Transportation of the Sen3 ate a written notice not later than 7 days after

4 any occurrence when a license is not issued

5 within the deadline established by this sub6 section.’’;

7 (D) by adding at the end of subsection (a)

8 the following new paragraph:

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

10 may establish procedures for certification of the safety of

11 launch vehicles, reentry vehicles, safety systems, proce12 dures, services, or personnel that may be used in conduct13 ing licensed commercial space launch or reentry activi14 ties.’’;

15 (E) by inserting ‘‘or a reentry site, or the

16 reentry of a reentry vehicle,’’ after ‘‘operation

17 of a launch site’’ in subsection (b)(1);

18 (F) by striking ‘‘or operation’’ and insert19 ing in lieu thereof ‘‘, operation, or reentry’’ in

20 subsection (b)(2)(A);

21 (G) by striking ‘‘and’’ at the end of sub22 section (b)(2)(B);

23 (H) by striking the period at the end of

24 subsection (b)(2)(C) and inserting in lieu there25 of ‘‘; and’’;
14

•HR 3936 IH

1 (I) by adding at the end of subsection

2 (b)(2) the following new subparagraph:

3 ‘‘(D) regulations establishing criteria for ac4 cepting or rejecting an application for a license

5 under this chapter within 60 days after receipt of

6 such application.’’; and

7 (J) by inserting ‘‘, including the require8 ment to obtain a license,’’ after ‘‘waive a re9 quirement’’ in subsection (b)(3);

10 (7) in section 70106(a)—

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

12 ‘‘observer at a launch site’’;

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

14 ‘‘assemble a launch vehicle’’; and

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

16 ‘‘with a launch vehicle’’;

17 (8) in section 70108—

18 (A) by amending the section designation

19 and heading to read as follows:

20 ‘‘§ 70108. Prohibition, suspension, and end of

21 launches, operation of launch sites and

22 reentry sites, and reentries’’;

23 and

24 (B) in subsection (a)—
15

•HR 3936 IH

1 (i) by inserting ‘‘or reentry site, or re2 entry of a reentry vehicle,’’ after ‘‘oper3 ation of a launch site’’; and

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

5 ‘‘launch or operation’’;

6 (9) in section 70109—

7 (A) by amending the section designation

8 and heading to read as follows:

9 ‘‘§ 70109. Preemption of scheduled launches or reen10 tries’’;

11 (B) in subsection (a)—

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

13 ‘‘ensure that a launch’’;

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

15 ‘‘United States Government launch site’’;

16 (iii) by inserting ‘‘or reentry date

17 commitment’’ after ‘‘launch date commit18 ment’’;

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

20 ‘‘obtained for a launch’’;

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

22 ‘‘access to a launch site’’;

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

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

25 services’’; and
16

•HR 3936 IH

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

2 ‘‘the scheduled launch’’; and

3 (C) in subsection (c), by inserting ‘‘or re4 entry’’ after ‘‘prompt launching’’;

5 (10) in section 70110—

6 (A) by inserting ‘‘or reentry’’ after ‘‘pre7 vent the launch’’ in subsection (a)(2); and

8 (B) by inserting ‘‘or reentry site, or re9 entry of a reentry vehicle,’’ after ‘‘operation of

10 a launch site’’ in subsection (a)(3)(B);

11 (11) in section 70111—

12 (A) by inserting ‘‘or reentry’’ after

13 ‘‘launch’’ in subsection (a)(1)(A);

14 (B) by inserting ‘‘and reentry services’’

15 after ‘‘launch services’’ in subsection (a)(1)(B);

16 (C) in subsection (a)(1), by inserting after

17 subparagraph (B) the following:

18 ‘‘The Secretary shall establish criteria and procedures for

19 determining the priority of competing requests from the

20 private sector and State governments for property and

21 services under this section.’’;

22 (D) by inserting ‘‘or reentry services’’ after

23 ‘‘or launch services’’ in subsection (a)(2);
17

•HR 3936 IH

1 (E) by striking ‘‘actual costs’’ in sub2 section (b)(1) and inserting in lieu thereof ‘‘ad3 ditive costs only’’;

4 (F) by inserting ‘‘or reentry’’ after ‘‘com5 mercial launch’’ both places it appears in sub6 section (b)(1);

7 (G) by inserting ‘‘or reentry services’’ after

8 ‘‘launch services’’ in subsection (b)(2)(C);

9 (H) by inserting after subsection (b)(2) the

10 following new paragraph:

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

12 uniform guidelines for, and consistent implementation of,

13 this section by all Federal agencies.’’;

14 (I) by striking ‘‘or its payload for launch’’

15 in subsection (d) and inserting in lieu thereof

16 ‘‘or reentry vehicle, or the payload of either, for

17 launch or reentry’’; and

18 (J) by inserting ‘‘, reentry vehicle,’’ after

19 ‘‘manufacturer of the launch vehicle’’ in sub20 section (d);

21 (12) in section 70112—

22 (A) in subsection (a)(1), by inserting

23 ‘‘launch, reentry, or site operator’’ after ‘‘(1)

24 When a’’;
18

•HR 3936 IH

1 (B) by inserting ‘‘or reentry’’ after ‘‘one

2 launch’’ in subsection (a)(3);

3 (C) by inserting ‘‘or reentry services’’ after

4 ‘‘launch services’’ in subsection (a)(4);

5 (D) in subsection (b)(1), by inserting

6 ‘‘launch, reentry, or site operator’’ after ‘‘(1)

7 A’’;

8 (E) by inserting ‘‘or reentry services’’ after

9 ‘‘launch services’’ each place it appears in sub10 section (b);

11 (F) by inserting ‘‘applicable’’ after ‘‘car12 ried out under the’’ in paragraphs (1) and (2)

13 of subsection (b);

14 (G) by striking ‘‘, Space, and Technology’’

15 in subsection (d)(1);

16 (H) by inserting ‘‘OR REENTRIES’’ after

17 ‘‘LAUNCHES’’ in the heading for subsection (e);

18 (I) by inserting ‘‘or reentry site or a re19 entry’’ after ‘‘launch site’’ in subsection (e);

20 and

21 (J) in subsection (f), by inserting ‘‘launch,

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

23 under a’’;
19

•HR 3936 IH

1 (13) in section 70113(a)(1) and (d)(1) and (2),

2 by inserting ‘‘or reentry’’ after ‘‘one launch’’ each

3 place it appears;

4 (14) in section 70115(b)(1)(D)(i)—

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

6 ‘‘launch site,’’; and

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

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

9 (15) in section 70117—

10 (A) by inserting ‘‘or reentry site, or to re11 enter a reentry vehicle’’ after ‘‘operate a launch

12 site’’ in subsection (a);

13 (B) by inserting ‘‘or reentry’’ after ‘‘ap14 proval of a space launch’’ in subsection (d);

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

16 follows:

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

18 IMPORT.—A launch vehicle, reentry vehicle, or payload

19 that is launched or reentered is not, because of the launch

20 or reentry, an export or import, respectively, for purposes

21 of a law controlling exports or imports.’’; and

22 (D) in subsection (g)—

23 (i) by striking ‘‘operation of a launch

24 vehicle or launch site,’’ in paragraph (1)

25 and inserting in lieu thereof ‘‘reentry, op-
20

•HR 3936 IH

1 eration of a launch vehicle or reentry vehi2 cle, operation of a launch site or reentry

3 site,’’; and

4 (ii) by inserting ‘‘reentry,’’ after

5 ‘‘launch,’’ in paragraph (2); and

6 (16) by adding at the end the following new

7 sections:

8 ‘‘§ 70120. Regulations

9 ‘‘The Secretary of Transportation, within 6 months

10 after the date of the enactment of this section, shall issue

11 regulations to carry out this chapter that include—

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

13 insurance coverage for potential damages to third

14 parties;

15 ‘‘(2) procedures for requesting and obtaining li16 censes to operate a commercial launch vehicle or re17 entry vehicle;

18 ‘‘(3) procedures for requesting and obtaining

19 operator licenses for launch or reentry; and

20 ‘‘(4) procedures for the application of govern21 ment indemnification.

22 ‘‘§ 70121. Report to Congress

23 ‘‘The Secretary of Transportation shall submit to

24 Congress an annual report to accompany the President’s

25 budget request that—
21

•HR 3936 IH

1 ‘‘(1) describes all activities undertaken under

2 this chapter, including a description of the process

3 for the application for and approval of licenses under

4 this chapter and recommendations for legislation

5 that may further commercial launches and reentries;

6 and

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

8 activities and the effectiveness of the Office of Com9 mercial Space Transportation.

10 ‘‘§ 70122. State authority to license commercial space11 ports

12 ‘‘(a) STATE AUTHORITY.—If the Secretary of Trans13 portation has not issued final regulations governing the

14 application for and granting of Federal licenses for the

15 operation of a launch site under this chapter, a State gov16 ernment may carry out this chapter, exercising the author17 ity of the Secretary regarding the licensing and monitoring

18 of launch sites within the territory of that State.

19 ‘‘(b) FEDERAL CONSULTATION.—A State may not

20 issue a license to operate a launch site under subsection

21 (a) unless—

22 ‘‘(1) the Secretary has notified the State that

23 the proposed license does not jeopardize the public

24 health and safety, safety of property, or national se-
22

•HR 3936 IH

1 curity or foreign policy interests of the United

2 States; or

3 ‘‘(2) 90 days have passed after the State has

4 requested the Secretary to make a determination

5 under paragraph (1), and the Secretary has not re6 sponded.

7 ‘‘(c) EFFECT OF STATE LICENSE.—The Secretary

8 shall treat a launch site licensed by a State under sub9 section (a) as having complied with all Federal require10 ments regarding the licensing and operation of a launch

11 site.

12 ‘‘(d) CESSATION OF STATE AUTHORITY.—The au13 thority of a State to issue a license under subsection (a)

14 shall cease upon the issuance of Federal regulations gov15 erning the application for and granting of Federal licenses

16 for the operation of a launch site.’’.

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

18 subsection (a)(6)(B) shall take effect upon the effective

19 date of final regulations issued pursuant to section

20 70105(b)(2)(D) of title 49, United States Code, as added

21 by subsection (a)(6)(I).

22 SEC. 103. EXCEPTIONS TO EMPLOYMENT RESTRICTIONS.

23 (a) GENERAL RULE.—Section 207(a) and (c) of title

24 18, United States Code, and section 27(f)(1) of the Fed25 eral Procurement Policy Act (41 U.S.C. 423(f)(1)) shall
23

•HR 3936 IH

1 not apply to employees or former employees of the Na2 tional Aeronautics and Space Administration seeking em3 ployment with an entity that is awarded a single prime

4 contract for the Space Shuttle or with an organization re5 ceiving an award as a result of National Aeronautics and

6 Space Administration streamlining activities.

7 (b) EXCEPTIONS.—Subsection (a) shall not apply to

8 an employee who, while employed with the National Aero9 nautics and Space Administration, served in a position of

10 authority with respect to the selection of the organization

11 with which the employee seeks employment for an award.

12 SEC. 104. BENEFITS FOR CERTAIN EMPLOYEES TRANSFER13 RING FROM NASA.

14 (a) ELECTION.—Any employee of the National Aero15 nautics and Space Administration who accepts employ16 ment with a qualified employer within one year after the

17 award which resulted in the employer becoming a qualified

18 employer, and who is subject to either CSRS or FERS,

19 shall elect to—

20 (1) retain their coverage under either CSRS or

21 FERS, as applicable, in lieu of coverage by the

22 qualified employer’s retirement system; or

23 (2) receive a deferred annuity or lump-sum ben24 efit payable to a terminated employee under CSRS

25 or FERS, as applicable.
24

•HR 3936 IH

1 Those employees electing under paragraph (2) shall have

2 the option to transfer the balance in their Thrift Savings

3 Plan account to a defined contribution plan under the

4 qualified employer’s retirement system, consistent with ap5 plicable law and the terms of the qualified employer’s de6 fined contribution plan.

7 (b) RETIREMENT AND DISABILITY PAYMENTS.—A

8 qualified employer shall transfer to the Civil Service Re9 tirement and Disability Fund—

10 (1) such employee deductions and agency con11 tributions as are required by sections 8334, 8422,

12 and 8423 of title 5, United States Code, for those

13 employees who elect to retain their coverage under

14 either CSRS or FERS pursuant to subsection

15 (a)(1);

16 (2) such additional agency contributions as are

17 determined necessary by the Office of Personnel

18 Management to pay, in combination with the sums

19 under paragraph (1), the ‘‘normal cost’’ (determined

20 using dynamic assumptions) of retirement benefits

21 for those employees who elect to retain their cov22 erage under CSRS or FERS pursuant to subsection

23 (a)(1), with the concept of ‘‘normal cost’’ being used

24 consistent with generally accepted actuarial stand25 ards and principles; and
25

•HR 3936 IH

1 (3) such additional amounts, not to exceed 2

2 percent of the aggregate of amounts under para3 graphs (1) and (2), as are determined necessary by

4 the Office of Personnel Management to pay the cost

5 of administering retirement benefits for employees

6 who retire from the qualified employer under either

7 CSRS or FERS, for their survivors, and for survi8 vors of employees of the qualified employer who die

9 after the award to the qualified employer (which

10 amounts shall be available to the Office of Personnel

11 Management as provided in section 8348(a)(1)(B) of

12 title 5, United States Code).

13 (c) THRIFT SAVINGS FUND PAYMENTS.—A qualified

14 employer shall transfer to the Thrift Savings Fund such

15 employee and agency contributions as are required or au16 thorized by sections 8432 and 8351 of title 5, United

17 States Code, for those employees who elect to retain their

18 coverage under CSRS or FERS pursuant to subsection

19 (a)(1).

20 (d) HEALTH BENEFITS.—For those National Aero21 nautics and Space Administration employees who accept

22 employment with a qualified employer and who were sub23 ject at the time of acceptance of that employment to

24 FEHBP as Federal employees and who elect to retain

25 their coverage under either CSRS or FERS pursuant to
26

•HR 3936 IH

1 subsection (a)(1), it shall be their option as to whether

2 to receive health benefits from a health benefit plan estab3 lished by the qualified employer or to continue without

4 interruption their coverage under the FEHBP, in lieu of

5 coverage by the qualified employer’s health benefit system.

6 (e) HEALTH BENEFITS PAYMENTS.—A qualified em7 ployer shall transfer to the Employees Health Benefits

8 Fund—

9 (1) such employee deductions and agency con10 tributions as are required by section 8906(a)

11 through (f) of title 5, United States Code, for those

12 employees who elect to retain their coverage under

13 FEHBP pursuant to subsection (d); and

14 (2) such amounts as are determined necessary

15 by the Office of Personnel Management under sub16 section (f) to reimburse the Office of Personnel

17 Management for contributions under section

18 8906(g)(1) of title 5, United States Code, for those

19 employees who elect to retain their coverage under

20 FEHBP pursuant to subsection (d).

21 (f) GOVERNMENT CONTRIBUTIONS.—The amounts

22 required under subsection (e)(2) shall pay the Government

23 contributions for retired employees who retire from the

24 qualified employer under either CSRS or FERS, for survi25 vors of such retired employees, and for survivors of em-
27

•HR 3936 IH

1 ployees of the qualified employer, with said amounts pro2 rated to reflect only that portion of the total service of

3 such employees and retired persons that was performed

4 as an employee of the qualified employer.

5 (g) DEFINITIONS.—For purposes of this section, the

6 term ‘‘qualified employer’’ means an organization which

7 operates the consolidated Space Shuttle operations con8 tract, and any other organization identified by the Admin9 istrator as acting in furtherance of streamlining activities.

10 SEC. 105. PROMOTION OF UNITED STATES GLOBAL POSI11 TIONING SYSTEM STANDARDS.

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

13 Positioning System, including satellites, signal equipment,

14 ground stations, data links, and associated command and

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

16 scientific, and military space development because of the

17 emergence of a United States commercial industry which

18 provides Global Positioning System equipment and related

19 services.

20 (b) INTERNATIONAL COOPERATION.—The Congress

21 therefore encourages the President to—

22 (1) undertake a coordinated effort within the

23 executive branch to promote cooperation with foreign

24 governments and international organizations to ad25 vance United States interests with respect to the
28

•HR 3936 IH

1 Global Positioning System standards and augmenta2 tions; and

3 (2) ensure the operation of the Global Position4 ing System on a continuous worldwide basis free of

5 direct user fees.

6 SEC. 106. PURCHASE OF SPACE SCIENCE DATA.

7 (a) IN GENERAL.—To the maximum extent possible,

8 while fully satisfying the National Aeronautics and Space

9 Administration’s scientific requirements, the National

10 Aeronautics and Space Administration shall, where cost

11 effective, purchase from the United States private sector

12 space science data. Examples of such data include sci13 entific data concerning the elemental and mineralogical re14 sources of the moon and the planets, Earth environmental

15 data obtained through remote sensing observations, and

16 solar storm monitoring.

17 (b) COMPETITIVE BIDDING.—(1) Contracts for the

18 purchase of space science data under this section shall be

19 awarded in a process of full, fair, and open competitive

20 bidding.

21 (2) Submission of cost data, either for the purposes

22 of supporting the bid or fulfilling the contract, shall not

23 be required of bidders or awardees of the contract.

24 (3) Reasonable performance specifications, rather

25 than design or construction specifications, shall be used
29

•HR 3936 IH

1 to the maximum extent feasible to define requirements for

2 United States commercial providers with respect to the de3 sign, construction, or operation of equipment used in ob4 taining space science data under contracts entered into

5 under this section. This subsection shall not be construed

6 to prohibit the Federal Government from requiring com7 pliance with applicable safety standards.

8 (4) Contracts under this section shall not provide for

9 the Federal Government to obtain ownership of data not

10 specifically sought by the Federal Government.

11 TITLE II—REMOTE SENSING

12 SEC. 201. LAND REMOTE SENSING POLICY ACT OF 1992

13 AMENDMENTS.

14 The Land Remote Sensing Policy Act of 1992 is

15 amended—

16 (1) in section 2 (15 U.S.C. 5601)—

17 (A) by amending paragraph (5) to read as

18 follows:

19 ‘‘(5) Commercialization of land remote sensing

20 is a near-term goal, and should remain a long-term

21 goal, of United States policy.’’;

22 (B) by striking paragraph (6) and redesig23 nating paragraphs (7) through (16) as para24 graphs (6) through (15), respectively; and
30

•HR 3936 IH

1 (C) in paragraph (11), as so redesignated

2 by subparagraph (B) of this paragraph, by

3 striking ‘‘determining the design’’ and all that

4 follows through ‘‘international consortium’’ and

5 inserting in lieu thereof ‘‘ensuring the continu6 ity of Landsat quality data’’;

7 (2) in section 101 (15 U.S.C. 5611)—

8 (A) by inserting the following after sub9 section (b)(4):

10 ‘‘The Director of the Office of Science and Technology

11 Policy shall, no later than 60 days after the date of the

12 enactment of the Space Commercialization Promotion Act

13 of 1996, transmit the management plan to the Committee

14 on Science of the House of Representatives and the Com15 mittee on Commerce, Science, and Transportation of the

16 Senate.’’;

17 (B) in subsection (c)—

18 (i) by inserting ‘‘and’’ at the end of

19 paragraph (6);

20 (ii) by striking paragraph (7); and

21 (iii) by redesignating paragraph (8) as

22 paragraph (7); and

23 (C) in subsection (e)(1)—

24 (i) by inserting ‘‘and’’ at the end of

25 subparagraph (A);
31

•HR 3936 IH

1 (ii) by striking ‘‘, and’’ at the end of

2 subparagraph (B) and inserting in lieu

3 thereof a period; and

4 (iii) by striking subparagraph (C);

5 (3) in section 201 (15 U.S.C. 5621)—

6 (A) by inserting ‘‘(1)’’ after ‘‘NATIONAL

7 SECURITY.—’’ in subsection (b);

8 (B) in subsection (b)(1), as so designated

9 by subparagraph (A) of this paragraph, by

10 striking ‘‘No license’’ and inserting in lieu

11 thereof ‘‘Except as provided in paragraph (3),

12 no license’’;

13 (C) by adding at the end of subsection (b)

14 the following new paragraphs:

15 ‘‘(2) The Secretary, within 6 months after the date

16 of the enactment of the Space Commercialization Pro17 motion Act of 1996, shall publish in the Federal Register

18 a complete and specific list of all information required to

19 comprise a complete application for a license under this

20 title. An application shall be considered complete when the

21 applicant has provided all information required by the list

22 most recently published in the Federal Register before the

23 date the application was first submitted. Unless the Sec24 retary has, within 30 days after receipt of an application,

25 notified the applicant of information necessary to complete
32

•HR 3936 IH

1 an application, the Secretary may not deny the application

2 on the basis of the absence of any such information.

3 ‘‘(3) The Secretary shall grant a license under this

4 title to any United States commercial provider (as such

5 term is defined in section 2 of the Space Commercializa6 tion Promotion Act of 1996) whose application indicates

7 full compliance with the requirements of this title.’’;

8 (D) in subsection (c), by amending the sec9 ond sentence thereof to read as follows: ‘‘If the

10 Secretary has not granted the license within

11 such 120-day period, the Secretary shall inform

12 the applicant, within such period, of any pend13 ing issues and actions required to be carried

14 out by the applicant or the Secretary in order

15 to result in the granting of a license.’’; and

16 (E) in subsection (e)(2)(B), by striking

17 ‘‘and the importance of promoting widespread

18 access to remote sensing data from United

19 States and foreign systems’’;

20 (4) in section 202 (15 U.S.C. 5622)—

21 (A) by striking ‘‘section 506’’ in subsection

22 (b)(1) and inserting in lieu thereof ‘‘section

23 507’’;

24 (B) in subsection (b)(2), by striking ‘‘as

25 soon as such data are available and on reason-
33

•HR 3936 IH

1 able terms and conditions’’ and inserting in lieu

2 thereof ‘‘on reasonable terms and conditions,

3 including the provision of such data in a timely

4 manner and at prevailing market prices’’;

5 (C) in subsection (b)(6), by striking ‘‘any

6 agreement’’ and inserting in lieu thereof ‘‘any

7 significant or substantial agreement relating to

8 land remote sensing’’; and

9 (D) by inserting after paragraph (6) of

10 subsection (b) the following:

11 ‘‘The Secretary may not terminate, modify, or suspend a

12 license issued pursuant to this title on the basis of an

13 agreement the Secretary receives notification of under

14 paragraph (6) unless the Secretary has, within 30 days

15 after receipt of such notification, transmitted to the li16 censee a statement that such agreement is inconsistent

17 with the national security or international obligations of

18 the United States, including an explanation of such incon19 sistency.’’;

20 (5) in section 203 (15 U.S.C. 5623)—

21 (A) in subsection (a)(2), by striking

22 ‘‘under this title and’’ and inserting in lieu

23 thereof ‘‘under this title or’’;

24 (B) in subsection (a)(3), by striking ‘‘pro25 vide penalties’’ and inserting in lieu thereof
34

•HR 3936 IH

1 ‘‘seek, in a United States District Court with

2 personal jurisdiction over the licensee, pen3 alties’’; and

4 (C) in subsection (b), by striking ‘‘(a)(3),’’;

5 (6) in section 204 (15 U.S.C. 5624), by striking

6 ‘‘may’’ and inserting in lieu thereof ‘‘shall’’;

7 (7) in section 205(c) (15 U.S.C. 5625(c)), by

8 inserting ‘‘commercial’’ after ‘‘Secretary before com9 mencing’’;

10 (8) by adding at the end of title II the following

11 new section:

12 ‘‘SEC. 206. NOTIFICATION.

13 ‘‘(a) LIMITATIONS ON LICENSEE.—Not later than 30

14 days after a determination by the Secretary to require a

15 licensee to limit collection or distribution of data from a

16 system licensed under this title, the Secretary shall provide

17 written notification to Congress of such determination, in18 cluding the reasons therefor, the limitations imposed on

19 the licensee, and the period during which such limitations

20 apply.

21 ‘‘(b) TERMINATION, MODIFICATION, OR SUSPEN22 SION.—Not later than 30 days after an action by the Sec23 retary to seek an order of injunction or other judicial de24 termination pursuant to section 203(a)(2), the Secretary
35

•HR 3936 IH

1 shall provide written notification to Congress of such ac2 tion and the reasons therefor.’’;

3 (9) in section 301 (15 U.S.C. 5631)—

4 (A) by inserting ‘‘, that are not being com5 mercially developed’’ after ‘‘and its environ6 ment’’ in subsection (a)(2)(B); and

7 (B) by adding at the end the following new

8 subsection:

9 ‘‘(d) DUPLICATION OF COMMERCIAL SECTOR ACTIVI10 TIES.—The Federal Government shall not undertake ac11 tivities under this section which duplicate activities avail12 able from the commercial sector.’’;

13 (10) in section 302 (15 U.S.C. 5632)—

14 (A) by striking ‘‘(a) GENERAL RULE.—’’;

15 (B) by striking ‘‘, including unenhanced

16 data gathered under the technology demonstra17 tion program carried out pursuant to section

18 303,’’ and inserting in lieu thereof ‘‘that is not

19 otherwise available from the commercial sec20 tor’’; and

21 (C) by striking subsection (b);

22 (11) by repealing section 303 (15 U.S.C. 5633);

23 (12) in section 401(b)(3) (15 U.S.C.

24 5641(b)(3)), by striking ‘‘, including any such en-
36

•HR 3936 IH

1 hancements developed under the technology dem2 onstration program under section 303,’’;

3 (13) in section 501(a) (15 U.S.C. 5651(a)), by

4 striking ‘‘section 506’’ and inserting in lieu thereof

5 ‘‘section 507’’;

6 (14) in section 502(c)(7) (15 U.S.C.

7 5652(c)(7)), by striking ‘‘section 506’’ and inserting

8 in lieu thereof ‘‘section 507’’;

9 (15) in section 506 (15 U.S.C. 5656)—

10 (A) by inserting ‘‘(1)’’ after ‘‘COMMUNICA11 TIONS COMMISSION.—’’ in subsection (a);

12 (B) by inserting at the end of subsection

13 (a) the following new paragraph:

14 ‘‘(2) The Federal Communications Commission, with15 in 6 months after the date of the enactment of the Space

16 Commercialization Promotion Act of 1996, shall publish

17 in the Federal Register a complete and specific list of all

18 information required to comprise a complete application

19 described in paragraph (1). An application shall be consid20 ered complete when the applicant has provided all infor21 mation required by the list most recently published in the

22 Federal Register before the date the application was first

23 submitted. Unless the Federal Communications Commis24 sion has, within 30 days after receipt of an application,

25 notified the applicant of information necessary to complete
37

•HR 3936 IH

1 an application, the Federal Communications Commission

2 may not deny the application on the basis of the absence

3 of any such information.’’; and

4 (C) by adding at the end the following new

5 subsection:

6 ‘‘(e) FEES.—The Federal Communications Commis7 sion shall ensure that any licensing or other fees that a

8 private remote sensing space system operator subject to

9 the licensing requirements of title II is required to pay

10 such Commission shall be proportional to the cost to the

11 Commission of the radio licensing process for such person

12 relative to the cost to the Commission of licensing other

13 entities subject to the fee. In no event shall such a fee

14 be required in an amount greater than $5,000 per ground

15 station.’’; and

16 (16) in section 507 (15 U.S.C. 5657)—

17 (A) by amending subsection (a) to read as

18 follows:

19 ‘‘(a) RESPONSIBILITY OF THE SECRETARY OF DE20 FENSE.—The Secretary shall consult with the Secretary

21 of Defense on all matters under this Act affecting national

22 security. The Secretary of Defense shall be responsible for

23 determining those conditions, consistent with this Act,

24 necessary to meet national security concerns of the United

25 States, and for notifying the Secretary promptly of such
38

•HR 3936 IH

1 conditions. Not later than 60 days after receiving a re2 quest from the Secretary, the Secretary of Defense shall

3 recommend to the Secretary any conditions for a license

4 issued under title II, consistent with this Act, that the Sec5 retary of Defense determines are needed to protect the na6 tional security of the United States. The Secretary of De7 fense shall concurrently transmit such recommendation to

8 the Committee on Science of the House of Representatives

9 and the Committee on Commerce, Science, and Transpor10 tation of the Senate. If no such recommendation has been

11 received by the Secretary within such 60-day period, the

12 Secretary shall deem activities proposed in the license ap13 plication to be consistent with the protection of the na14 tional security of the United States.’’;

15 (B) by striking subsection (b)(1) and (2)

16 and inserting in lieu thereof the following:

17 ‘‘(b) RESPONSIBILITY OF THE SECRETARY OF

18 STATE.—(1) The Secretary shall consult with the Sec19 retary of State on all matters under this Act affecting

20 international obligations of the United States. The Sec21 retary of State shall be responsible for determining those

22 conditions, consistent with this Act, necessary to meet

23 international obligations of the United States and for noti24 fying the Secretary promptly of such conditions. Not later

25 than 60 days after receiving a request from the Secretary,
39

•HR 3936 IH

1 the Secretary of State shall recommend to the Secretary

2 any conditions for a license issued under title II, consist3 ent with this Act, that the Secretary of State determines

4 are needed to meet international obligations of the United

5 States. The Secretary of State shall concurrently transmit

6 such recommendation to the Committee on Science of the

7 House of Representatives and the Committee on Com8 merce, Science, and Transportation of the Senate. If no

9 such recommendation has been received by the Secretary

10 within such 60-day period, the Secretary shall deem activi11 ties proposed in the license application to be consistent

12 with the international obligations and policies of the Unit13 ed States.

14 ‘‘(2) Appropriate United States Government agencies

15 are authorized and encouraged to provide to developing

16 nations, as a component of international aid, resources for

17 purchasing remote sensing data, training, and analysis

18 from United States commercial providers.’’; and

19 (C) in subsection (d), by striking ‘‘Sec20 retary may require’’ and inserting in lieu there21 of ‘‘Secretary shall, where appropriate, re22 quire’’.

23 SEC. 202. ACQUISITION OF EARTH REMOTE SENSING DATA.

24 (a) ACQUISITION.—To the maximum extent possible,

25 while fully satisfying the National Aeronautics and Space
40

•HR 3936 IH

1 Administration’s scientific requirements, the Adminis2 trator shall, where cost effective, acquire space-based and

3 airborne Earth remote sensing data, services, distribution,

4 and applications provided by the United States private

5 sector to meet Government goals for Mission to Planet

6 Earth.

7 (b) STUDY.—(1) The Administrator shall conduct a

8 study to determine the extent to which the baseline sci9 entific requirements of Mission to Planet Earth can be

10 met by the private sector, and how the National Aero11 nautics and Space Administration will meet such require12 ments which cannot be met by the private sector.

13 (2) The study conducted under this subsection

14 shall—

15 (A) make recommendations to promote the

16 availability of information from the National Aero17 nautics and Space Administration to the private sec18 tor to enable the private sector to better meet the

19 baseline scientific requirements of Mission to Planet

20 Earth;

21 (B) make recommendations to promote the dis22 semination to the private sector of information on

23 advanced technology research and development per24 formed by or for the National Aeronautics and

25 Space Administration; and
41

•HR 3936 IH

1 (C) identify policy, regulatory, and legislative

2 barriers to the implementation of the recommenda3 tions made under this subsection.

4 (3) The results of the study conducted under this

5 subsection shall be transmitted to the Congress within 6

6 months after the date of the enactment of this Act.

7 (c) ADMINISTRATION.—This section shall be carried

8 out as part of the Commercial Remote Sensing Program

9 at the Stennis Space Center.

10 TITLE III—FEDERAL ACQUISI11 TION OF SPACE TRANSPOR12 TATION SERVICES

13 SEC. 301. REQUIREMENT TO PROCURE COMMERCIAL

14 SPACE TRANSPORTATION SERVICES.

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

16 this section, the Federal Government shall acquire space

17 transportation services from United States commercial

18 providers whenever such services are required in the

19 course of its activities. To the maximum extent prac20 ticable, the Federal Government shall plan missions to ac21 commodate the space transportation services capabilities

22 of United States commercial providers.

23 (b) EXCEPTIONS.—(1) The Federal Government shall

24 not be required to acquire space transportation services

25 under subsection (a) if, on a case-by-case basis, the Ad-
42

•HR 3936 IH

1 ministrator or, in the case of a national security issue,

2 the Secretary of Defense, determines that—

3 (A) a payload requires the unique capabilities of

4 the space shuttle;

5 (B) space transportation services that meet spe6 cific mission requirements would not be reasonably

7 available from United States commercial providers

8 when required;

9 (C) the use of space transportation services

10 from United States commercial providers poses an

11 unacceptable risk of loss of a unique scientific oppor12 tunity;

13 (D) the use of space transportation services

14 from United States commercial providers poses an

15 unacceptable risk to national security objectives; or

16 (E) it is more cost effective to transport a pay17 load in conjunction with a test or demonstration of

18 a space transportation vehicle owned by the Federal

19 Government.

20 (2) Determinations under paragraph (1) shall be

21 made by the Administrator or the Secretary of Defense,

22 and shall not be delegated. Each such determination shall

23 be reported in writing to the Committee on Science and

24 other appropriate committees of the House of Representa25 tives, and to the Committee on Commerce, Science, and
43

•HR 3936 IH

1 Transportation and other appropriate committees of the

2 Senate, at least 120 days before the acquisition or provi3 sion of space transportation services from or by a source

4 other than United States commercial providers.

5 (c) PARTNERSHIPS.—The acquisition of space trans6 portation services in connection with a payload with re7 spect to which the Federal Government has provided a

8 greater amount of the funding required for construction

9 and operation than any other source, shall be subject to

10 the requirements of this section.

11 (d) DELAYED EFFECT.—Subsections (a) and (c)

12 shall not apply to space transportation services and space

13 transportation vehicles acquired or owned by the Federal

14 Government before the date of the enactment of this Act,

15 or with respect to which a contract for such acquisition

16 or ownership has been entered into before such date.

17 (e) HISTORICAL PURPOSES.—This section shall not

18 be construed to prohibit the Federal Government from ac19 quiring, owning, or maintaining space transportation vehi20 cles solely for historical display purposes.

21 SEC. 302. ACQUISITION OF SPACE TRANSPORTATION SERV22 ICES.

23 (a) COMPETITIVE BIDDING.—(1) Contracts for the

24 acquisition of space transportation services by the Federal

25 Government shall be awarded subject to applicable Fed-
44

•HR 3936 IH

1 eral law requiring full, fair, and open competition, includ2 ing section 2304 of title 10, United States Code, and sec3 tion 311 of the National Aeronautics and Space Act of

4 1958 (42 U.S.C. 2459c).

5 (2) Bidders for a contract for the acquisition by the

6 Federal Government of space transportation services shall

7 not be required to provide cost data for the purpose of

8 supporting such a bid or fulfilling such a contract, except

9 in cases where only one credible bid meeting the require10 ments of the solicitation is received.

11 (b) SPECIFICATION SYSTEMS.—Reasonable perform12 ance specifications, rather than design or construction

13 specifications, shall be used to the maximum extent fea14 sible to define requirements for United States commercial

15 providers bidding to provide or providing space transpor16 tation services to the Federal Government. This subsection

17 shall not be construed to prohibit the Federal Government

18 from requiring compliance with applicable safety stand19 ards.

20 SEC. 303. LAUNCH SERVICES PURCHASE ACT OF 1990

21 AMENDMENTS.

22 The Launch Services Purchase Act of 1990 (42

23 U.S.C. 2465b et seq.) is amended—

24 (1) by striking section 202;

25 (2) in section 203—
45

•HR 3936 IH

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

2 and

3 (B) by redesignating paragraphs (3) and

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

5 (3) by striking sections 204 and 205; and

6 (4) in section 206—

7 (A) by striking ‘‘(a) COMMERCIAL PAY8 LOADS ON THE SPACE SHUTTLE.—’’; and

9 (B) by striking subsection (b).

10 SEC. 304. USE OF EXCESS INTERCONTINENTAL BALLISTIC

11 MISSILES.

12 (a) IN GENERAL.—The Federal Government shall

13 not—

14 (1) convert any missile described in subsection

15 (d) to a space transportation vehicle configuration or

16 otherwise use any such missile to place a payload in

17 space; or

18 (2) transfer ownership of any such missile to

19 another person,

20 except as provided in subsection (b) or (c).

21 (b) AUTHORIZED FEDERAL USES.—(1) A missile de22 scribed in subsection (d) may be converted for use as a

23 space transportation vehicle by the Federal Government

24 if—
46

•HR 3936 IH

1 (A) except as provided in paragraph (2), at

2 least 120 days before such conversion the agency

3 seeking to use the missile as a space transportation

4 vehicle transmits to the Committee on National Se5 curity and the Committee on Science of the House

6 of Representatives, and to the Committee on Armed

7 Services and the Committee on Commerce, Science,

8 and Transportation of the Senate, a report that con9 tains—

10 (i) a certification that the use of such mis11 sile—

12 (I) would result in significant cost

13 savings to the Federal Government when

14 compared to the cost of acquiring space

15 transportation services from United States

16 commercial providers; and

17 (II) meets all mission requirements of

18 the agency, including performance, sched19 ule, and risk requirements; and

20 (ii) comments obtained from United States

21 commercial providers in response to prior public

22 notice published in the Commerce Business

23 Daily;

24 (B) the use of such missile is consistent with

25 international obligations of the United States; and
47

•HR 3936 IH

1 (C) the Secretary of Defense approves of such

2 conversion.

3 (2) The requirement under paragraph (1)(A) that the

4 report described in that subparagraph must be transmit5 ted at least 120 days before conversion of the missile shall

6 not apply if the Secretary of Defense determines that com7 pliance with that requirement would be inconsistent with

8 meeting immediate national security requirements.

9 (c) AUTHORIZED EDUCATIONAL USES.—(1) A mis10 sile described in subsection (d) may be made available for

11 launching a payload owned and operated by an institution

12 of higher education for research or education purposes

13 if—

14 (A) the payload has no functions that will com15 pete with commercial applications available from

16 United States commercial providers;

17 (B) the cost of converting and using the missile

18 for such purpose is less than 50 percent of the price

19 United States commercial providers would charge for

20 such purpose;

21 (C) the institution of higher education will pay

22 the costs of such conversion and launch;

23 (D) such conversion and launch will be con24 ducted by the institution of higher education or a

25 United States commercial provider; and
48

•HR 3936 IH

1 (E) the Secretary of Defense approves of such

2 conversion and use.

3 (2) For purposes of this subsection, the term ‘‘insti4 tution of higher education’’ has the meaning given such

5 term in section 1201(a) of the Higher Education Act of

6 1965.

7 (d) MISSILES REFERRED TO.—The missiles referred

8 to in this section are missiles owned by the United States

9 that were formerly used by the Department of Defense

10 for national defense purposes as intercontinental ballistic

11 missiles and that have been retired from service in compli12 ance with international obligations of the United States.

Æ