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(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 re-
quired under subsection (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. 305. 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
otherwise use any such missile to place a payload in
space; or
(2) transfer ownership of any such missile to an-
other person, 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
paragraph (2) and at least 30 days before such con-
version, the agency seeking to use the missile as a
space transportation vehicle transmits to the Commit-
tee on National Security and the Committee on
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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 Fed-
eral 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 obliga-
tions of the United States; and
(D) is approved by the Secretary of Defense
or his designee.
(2) The requirement under paragraph (1) that
the assurance described in that paragraph must be
transmitted at least 30 days before conversion of the
missile shall not apply if the Secretary of Defense de-
termines that compliance with that requirement
would be inconsistent with meeting immediate na-
tional security requirements.
(c) MISSILES REFERRED TO.— The missiles referred
to in this section are missiles owned by the United States
that—
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(1) were formerly used by the Department of De-
fense 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 obligations of the United States.
SEC. 306. NATIONAL LAUNCH CAPABILITY STUDY.
(a) FINDINGS.—Congress finds that—
(1) a robust satellite and launch industry in the
United States serves the interest of the United States
by—
(A) contributing to the economy of the
United States;
(B) 
strengthening 
employment, 
techno-
logical, and scientific interests of the United
States; and
(C) 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—
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(A) is determined by the Secretary, in con-
sultation with the Administrator, to assess the
total potential space missions to be conducted by
the United States during a specified period of
time; and
(B) includes all United States launches (in-
cluding 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 appro-
priate representatives of the satellite and launch in-
dustry and the governments of States and political
subdivisions thereof—
(A) prepare a report that meets the require-
ments of this subsection; and
(B) submit that report to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Science of the
House of Representatives.
(2) REQUIREMENTS
FOR
REPORT.—The report
prepared under this section shall—
(A) identify the total potential national
mission model for the period beginning on the
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date of the report and ending on December 31,
2007;
(B) identify the resources that are necessary
to carry out the total potential national mission
model described in subparagraph (A), including
providing for—
(i) launch property and services of the
Department of Defense; and
(ii) the ability to support commercial
launch-on-demand on short notification at
national launch sites or test ranges;
(C) identify each deficiency in the resources
referred to in subparagraph (B); and
(D) with respect to the deficiencies identi-
fied under subparagraph (C), including esti-
mates of the level of funding necessary to address
those deficiencies for the period described in sub-
paragraph (A).
(3) QUINQUENNIAL
UPDATES.—The Secretary
shall update the report required by paragraph (1)
quinquennially beginning with 2012.
(d) RECOMMENDATIONS.—Based on the reports under
subsection (c), the Secretary, after consultation with the
Secretary of Transportation, the Secretary of Commerce,
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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 sub-
divisions thereof and private sector entities) to assist
the Federal Government in providing launch capa-
bilities for the commercial space industry in the
United States;
(2) identify 1 or more methods by which, if suffi-
cient resources referred to in subsection (c)(2)(D) are
not available to the Department of Defense, the con-
trol of the launch property and launch services of the
Department of Defense may be transferred from the
Department of Defense to—
(A) 1 or more other Federal agencies;
(B) 1 or more States (or subdivisions there-
of);
(C) 1 or more private sector entities; or
(D) any combination of the entities de-
scribed in subparagraphs (A) through (C); and
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(3) identify the technical, structural, and legal
impediments associated with making national ranges
in the United States viable and competitive.
Attest:
Secretary.
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