H. R. 1702—14
(A) by striking ‘‘(a) COMMERCIAL PAYLOADS ON THE
SPACE SHUTTLE.—’’; and
(B) by striking subsection (b).
SEC. 204. SHUTTLE PRIVATIZATION.
(a) POLICY AND PREPARATION.—The Administrator shall prepare
for an orderly transition from the Federal operation, or Federal
management of contracted operation, of space transportation sys-
tems to the Federal purchase of commercial space transportation
services for all nonemergency space transportation requirements
for transportation to and from Earth orbit, including human, cargo,
and mixed payloads. In those preparations, the Administrator shall
take into account the need for short-term economies, as well as
the goal of restoring the National Aeronautics and Space Adminis-
tration’s research focus and its mandate to promote the fullest
possible commercial use of space. As part of those preparations,
the Administrator shall plan for the potential privatization of the
Space Shuttle program. Such plan shall keep safety and cost
effectiveness as high priorities. Nothing in this section shall prohibit
the National Aeronautics and Space Administration from studying,
designing, developing, or funding upgrades or modifications essen-
tial to the safe and economical operation of the Space Shuttle
fleet.
(b) FEASIBILITY STUDY.—The Administrator shall conduct a
study of the feasibility of implementing the recommendation of
the Independent Shuttle Management Review Team that the
National Aeronautics and Space Administration transition toward
the privatization of the Space Shuttle. The study shall identify,
discuss, and, where possible, present options for resolving, the
major policy and legal issues that must be addressed before the
Space Shuttle is privatized, including—
(1) whether the Federal Government or the Space Shuttle
contractor should own the Space Shuttle orbiters and ground
facilities;
(2) whether the Federal Government should indemnify the
contractor for any third party liability arising from Space Shut-
tle operations, and, if so, under what terms and conditions;
(3) whether payloads other than National Aeronautics and
Space Administration payloads should be allowed to be
launched on the Space Shuttle, how missions will be prioritized,
and who will decide which mission flies and when;
(4) whether commercial payloads should be allowed to be
launched on the Space Shuttle and whether any classes of
payloads should be made ineligible for launch consideration;
(5) whether National Aeronautics and Space Administra-
tion and other Federal Government payloads should have prior-
ity over non-Federal payloads in the Space Shuttle launch
assignments, and what policies should be developed to prioritize
among payloads generally;
(6) whether the public interest requires that certain Space
Shuttle functions continue to be performed by the Federal
Government; and
(7) how much cost savings, if any, will be generated by
privatization of the Space Shuttle.
(c) REPORT TO CONGRESS.—Within 60 days after the date of
the enactment of this Act, the National Aeronautics and Space
Administration shall complete the study required under subsection
H. R. 1702—15
(b) and shall submit a report on the study to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science of the House of Representatives.
SEC. 205. USE OF EXCESS INTERCONTINENTAL BALLISTIC MISSILES.
(a) IN GENERAL.—The Federal Government shall not—
(1) convert any missile described in subsection (c) to a
space transportation vehicle configuration; or
(2) transfer ownership of any such missile to another per-
son, except as provided in subsection (b).
(b) AUTHORIZED FEDERAL USES.—(1) A missile described in
subsection (c) may be converted for use as a space transportation
vehicle by the Federal Government if, except as provided in para-
graph (2) and at least 30 days before such conversion, the agency
seeking to use the missile as a space transportation vehicle trans-
mits to the Committee on National Security and the Committee
on Science of the House of Representatives, and to the Committee
on Armed Services and the Committee on Commerce, Science, and
Transportation of the Senate, a certification that the use of such
missile—
(A) would result in cost savings to the Federal Government
when compared to the cost of acquiring space transportation
services from United States commercial providers;
(B) meets all mission requirements of the agency, including
performance, schedule, and risk requirements;
(C) is consistent with international obligations of the
United States; and
(D) is approved by the Secretary of Defense or his designee.
(2) The requirement under paragraph (1) that the certification
described in that paragraph must be transmitted at least 30 days
before conversion of the missile shall not apply if the Secretary
of Defense determines that compliance with that requirement would
be inconsistent with meeting immediate national security require-
ments.
(c) MISSILES REFERRED TO.— The missiles referred to in this
section are missiles owned by the United States that—
(1) were formerly used by the Department of Defense for
national defense purposes as intercontinental ballistic missiles;
and
(2) have been declared excess to United States national
defense needs and are in compliance with international obliga-
tions of the United States.
SEC. 206. NATIONAL LAUNCH CAPABILITY STUDY.
(a) FINDINGS.—Congress finds that a robust satellite and launch
industry in the United States serves the interest of the United
States by—
(1) contributing to the economy of the United States;
(2) strengthening employment, technological, and scientific
interests of the United States; and
(3) serving the foreign policy and national security interests
of the United States.
(b) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Defense.
(2) TOTAL POTENTIAL NATIONAL MISSION MODEL.—The term
‘‘total potential national mission model’’ means a model that—
H. R. 1702—16
(A) is determined by the Secretary, in consultation
with the Administrator, to assess the total potential space
missions to be conducted in the United States during a
specified period of time; and
(B) includes all launches in the United States (includ-
ing launches conducted on or off a Federal range).
(c) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall, in consultation
with the Administrator and appropriate representatives of the
satellite and launch industry and the governments of States
and political subdivisions thereof—
(A) prepare a report that meets the requirements of
this subsection; and
(B) submit that report to the Committee on Commerce,
Science, and Transportation of the Senate and the Commit-
tee on Science of the House of Representatives.
(2) REQUIREMENTS
FOR
REPORT.—The report prepared
under this subsection shall—
(A) identify the total potential national mission model
for the period beginning on the date of the report and
ending on December 31, 2007;
(B) identify the resources that are necessary or avail-
able to carry out the total potential national mission model
described in subparagraph (A), including—
(i) launch property and services of the Department
of Defense, the National Aeronautics and Space
Administration, and non-Federal facilities; and
(ii) the ability to support commercial launch-on-
demand on short notification, taking into account Fed-
eral requirements, at launch sites or test ranges in
the United States;
(C) identify each deficiency in the resources referred
to in subparagraph (B); and
(D) with respect to the deficiencies identified under
subparagraph (C), include estimates of the level of funding
necessary to address those deficiencies for the period
described in subparagraph (A).
(d) RECOMMENDATIONS.—Based on the reports under subsection
(c), the Secretary, after consultation with the Secretary of Transpor-
tation, the Secretary of Commerce, and representatives from
interested private sector entities, States, and local governments,
shall—
(1) identify opportunities for investment by non-Federal
entities (including States and political subdivisions thereof and
private sector entities) to assist the Federal Government in
providing launch capabilities for the commercial space industry
in the United States;
(2) identify one or more methods by which, if sufficient
resources referred to in subsection (c)(2)(D) are not available
to the Department of Defense and the National Aeronautics
and Space Administration, the control of the launch property
and launch services of the Department of Defense and the
National Aeronautics and Space Administration may be trans-
ferred from the Department of Defense and the National Aero-
nautics and Space Administration to—
(A) one or more other Federal agencies;
H. R. 1702—17
(B) one or more States (or subdivisions thereof);
(C) one or more private sector entities; or
(D) any combination of the entities described in sub-
paragraphs (A) through (C); and
(3) identify the technical, structural, and legal impediments
associated with making launch sites or test ranges in the United
States viable and competitive.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.