II
104TH CONGRESS
2D SESSION
H. R. 3936
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 18, 1996
Received
AN ACT
To encourage the development of a commercial space
industry in the United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Space Commercialization Promotion Act of 1996’’.
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wealth, territory, or possession of the United States;
and
(8) the term ‘‘United States commercial pro-
vider’’ means a commercial provider, organized
under the laws of the United States or of a State,
which is—
(A) more than 50 percent owned by United
States nationals; or
(B) a subsidiary of a foreign company and
the Secretary of Transportation finds that—
(i) such subsidiary has in the past evi-
denced a substantial commitment to the
United States market through—
(I) investments in the United
States in long-term research, develop-
ment, and manufacturing (including
the manufacture of major components
and subassemblies); and
(II) significant contributions to
employment in the United States; and
(ii) the country or countries in which
such foreign company is incorporated or
organized, and, if appropriate, in which it
principally conducts its business, affords
reciprocal treatment to companies de-
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scribed in subparagraph (A) comparable to
that afforded to such foreign company’s
subsidiary in the United States, as evi-
denced by—
(I) providing comparable oppor-
tunities for companies described in
subparagraph (A) to participate in
Government sponsored research and
development similar to that authorized
under this Act;
(II) providing no barriers to com-
panies described in subparagraph (A)
with respect to local investment op-
portunities that are not provided to
foreign companies in the United
States; and
(III) providing adequate and ef-
fective protection for the intellectual
property rights of companies de-
scribed in subparagraph (A).
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TITLE I—PROMOTION OF COM-
MERCIAL SPACE OPPORTUNI-
TIES
SEC. 101. COMMERCIALIZATION OF SPACE STATION.
(a) POLICY.—The Congress declares that a priority
goal of constructing the International Space Station is the
economic development of Earth orbital space. The Con-
gress further declares that free and competitive markets
create the most efficient conditions for promoting eco-
nomic development, and should therefore govern the eco-
nomic development of Earth orbital space. The Congress
further declares that free market principles should be used
in operating and adding capabilities to the Space Station
whenever possible.
(b) REPORT.—The Administrator shall deliver to the
Congress, within 60 days after the date of the enactment
of this Act, a market study that examines the role of com-
mercial ventures which could supply, use, service, or aug-
ment the International Space Station, the specific policies
and initiatives the Administrator is advancing to encour-
age these commercial opportunities, the cost savings to be
realized by the international partnership from applying
commercial approaches to cost-shared operations, and the
cost reimbursements to the United States Government
from commercial users of the Space Station.
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SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) AMENDMENTS.—Chapter 701 of title 49, United
States Code, is amended—
(1) in the table of sections—
(A) by amending the item relating to sec-
tion 70104 to read as follows:
‘‘70104. Restrictions on launches, operations, and reentries.’’;
(B) by amending the item relating to sec-
tion 70108 to read as follows:
‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites
and reentry sites, and reentries.’’;
(C) by amending the item relating to sec-
tion 70109 to read as follows:
‘‘70109. Preemption of scheduled launches or reentries.’’;
and
(D) by adding at the end the following new
items:
‘‘70120. Regulations.
‘‘70121. Report to Congress.’’.
(2) in section 70101—
(A) by inserting ‘‘microgravity research,’’
after ‘‘information services,’’ in subsection
(a)(3);
(B) by inserting ‘‘, reentry,’’ after ‘‘launch-
ing’’ both places it appears in subsection (a)(4);
(C) by inserting ‘‘, reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (a)(5);
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(D) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(6);
(E) by inserting ‘‘, reentries,’’ after
‘‘launches’’ both places it appears in subsection
(a)(7);
(F) by inserting ‘‘, reentry sites,’’ after
‘‘launch sites’’ in subsection (a)(8);
(G) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(8);
(H) by inserting ‘‘reentry sites,’’ after
‘‘launch sites,’’ in subsection (a)(9);
(I) by inserting ‘‘and reentry site’’ after
‘‘launch site’’ in subsection (a)(9);
(J) by inserting ‘‘, reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (b)(2);
(K) by striking ‘‘launch’’ in subsection
(b)(2)(A);
(L) by inserting ‘‘and reentry’’ after ‘‘con-
duct of commercial launch’’ in subsection
(b)(3);
(M) by striking ‘‘launch’’ after ‘‘and trans-
fer commercial’’ in subsection (b)(3); and
(N) by inserting ‘‘and development of re-
entry sites,’’ after ‘‘launch-site support facili-
ties,’’ in subsection (b)(4);
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(3) in section 70102—
(A) by striking ‘‘and any payload’’ and in-
serting in lieu thereof ‘‘or reentry vehicle and
any payload from Earth’’ in paragraph (3);
(B) in paragraph (5)—
(i) by redesignating subparagraphs
(A) and (B) as subparagraphs (B) and
(C), respectively; and
(ii) by inserting before subparagraph
(B), as so redesignated by clause (i) of this
subparagraph, the following new subpara-
graph:
‘‘(A) activities directly related to the prep-
aration of a launch site or payload facility for
one or more launches;’’;
(C) by inserting ‘‘or reentry vehicle’’ after
‘‘means of a launch vehicle’’ in paragraph (8);
(D) by redesignating paragraphs (10)
through (12) as paragraphs (14) through (16),
respectively;
(E) by inserting after paragraph (9) the
following new paragraphs:
‘‘(10) ‘reenter’ and ‘reentry’ mean to return or
attempt to return, purposefully, a reentry vehicle
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and its payload, if any, from Earth orbit or from
outer space to Earth.
‘‘(11) ‘reentry services’ means—
‘‘(A) activities involved in the preparation
of a reentry vehicle and its payload, if any, for
reentry; and
‘‘(B) the conduct of a reentry.
‘‘(12) ‘reentry site’ means the location on Earth
to which a reentry vehicle is intended to return (as
defined in a license the Secretary issues or transfers
under this chapter).
‘‘(13) ‘reentry vehicle’ means a vehicle designed
to return from Earth orbit or outer space to Earth,
or a reusable launch vehicle designed to return from
outer space to Earth, substantially intact.’’; and
(F) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in para-
graph (15), as so redesignated by subparagraph
(D) of this paragraph;
(4) in section 70103—
(A) by striking ‘‘The Secretary’’ in sub-
section (a) and inserting in lieu thereof ‘‘Except
as provided in section 70122, the Secretary’’;
and
(B) in subsection (b)—
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(i) by inserting ‘‘AND REENTRIES AND
STATE
SPONSORED
SPACEPORTS’’ after
‘‘LAUNCHES’’ in the subsection heading;
(ii) by striking ‘‘by the private sector’’
in paragraph (1) and inserting in lieu
thereof ‘‘and reentries by the private sector
and State sponsored spaceports’’ after
‘‘space launches’’; and
(iii) by inserting ‘‘and reentry’’ after
‘‘space launch’’ in paragraph (2);
(5) in section 70104—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70104. Restrictions on launches, operations, and
reentries’’;
(B) by inserting ‘‘or reentry site, or to re-
enter a reentry vehicle,’’ after ‘‘operate a
launch site’’ each place it appears in subsection
(a);
(C) by inserting ‘‘or reentry’’ after ‘‘launch
or operation’’ in subsection (a)(3) and (4);
(D) in subsection (b)—
(i) by striking ‘‘launch license’’ and
inserting in lieu thereof ‘‘license’’;
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(ii) by inserting ‘‘or reenter’’ after
‘‘may launch’’; and
(iii) by inserting ‘‘or reentering’’ after
‘‘related to launching’’; and
(E) in subsection (c)—
(i) by amending the subsection head-
ing to read as follows: ‘‘PREVENTING
LAUNCHES AND REENTRIES.—’’;
(ii) by inserting ‘‘or reentry’’ after
‘‘prevent the launch’’; and
(iii) by inserting ‘‘or reentry’’ after
‘‘decides the launch’’;
(6) in section 70105—
(A) by inserting ‘‘(1)’’ before ‘‘A person
may apply’’ in subsection (a);
(B) by striking ‘‘receiving an application’’
both places it appears in subsection (a) and in-
serting in lieu thereof ‘‘accepting an application
in accordance with criteria established pursuant
to subsection (b)(2)(D)’’;
(C) by inserting at the end of subsection
(a) the following: ‘‘The Secretary shall submit
to the Committee on Science of the House of
Representatives and the Committee on Com-
merce, Science, and Transportation of the Sen-
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ate a written notice not later than 7 days after
any occurrence when a license is not issued
within the deadline established by this sub-
section.’’;
(D) by adding at the end of subsection (a)
the following new paragraph:
‘‘(2) In carrying out paragraph (1), the Secretary
may establish procedures for certification of the safety of
launch vehicles, reentry vehicles, safety systems, proce-
dures, services, or personnel that may be used in conduct-
ing licensed commercial space launch or reentry activi-
ties.’’;
(E) by inserting ‘‘or a reentry site, or the
reentry of a reentry vehicle,’’ after ‘‘operation
of a launch site’’ in subsection (b)(1);
(F) by striking ‘‘or operation’’ and insert-
ing in lieu thereof ‘‘, operation, or reentry’’ in
subsection (b)(2)(A);
(G) by striking ‘‘and’’ at the end of sub-
section (b)(2)(B);
(H) by striking the period at the end of
subsection (b)(2)(C) and inserting in lieu there-
of ‘‘; and’’;
(I) by adding at the end of subsection
(b)(2) the following new subparagraph:
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‘‘(D) regulations establishing criteria for ac-
cepting or rejecting an application for a license
under this chapter within 60 days after receipt of
such application.’’; and
(J) by inserting ‘‘, including the require-
ment to obtain a license,’’ after ‘‘waive a re-
quirement’’ in subsection (b)(3);
(7) in section 70106(a)—
(A) by inserting ‘‘or reentry site’’ after
‘‘observer at a launch site’’;
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘assemble a launch vehicle’’; and
(C) by inserting ‘‘or reentry vehicle’’ after
‘‘with a launch vehicle’’;
(8) in section 70108—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70108. 
Prohibition, 
suspension, 
and 
end 
of
launches, operation of launch sites and
reentry sites, and reentries’’;
and
(B) in subsection (a)—
(i) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘oper-
ation of a launch site’’; and
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(ii) by inserting ‘‘or reentry’’ after
‘‘launch or operation’’;
(9) in section 70109—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70109. Preemption of scheduled launches or reen-
tries’’;
(B) in subsection (a)—
(i) by inserting ‘‘or reentry’’ after
‘‘ensure that a launch’’;
(ii) by inserting ‘‘, reentry site,’’ after
‘‘United States Government launch site’’;
(iii) by inserting ‘‘or reentry date
commitment’’ after ‘‘launch date commit-
ment’’;
(iv) by inserting ‘‘or reentry’’ after
‘‘obtained for a launch’’;
(v) by inserting ‘‘, reentry site,’’ after
‘‘access to a launch site’’;
(vi) by inserting ‘‘, or services related
to a reentry,’’ after ‘‘amount for launch
services’’; and
(vii) by inserting ‘‘or reentry’’ after
‘‘the scheduled launch’’; and
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(C) in subsection (c), by inserting ‘‘or re-
entry’’ after ‘‘prompt launching’’;
(10) in section 70110—
(A) by inserting ‘‘or reentry’’ after ‘‘pre-
vent the launch’’ in subsection (a)(2); and
(B) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘operation of
a launch site’’ in subsection (a)(3)(B);
(11) in section 70111—
(A) by inserting ‘‘or reentry’’ after
‘‘launch’’ in subsection (a)(1)(A);
(B) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(1)(B);
(C) in subsection (a)(1), by inserting after
subparagraph (B) the following:
‘‘The Secretary shall coordinate the establishment of cri-
teria and procedures for determining the priority of com-
peting requests from the private sector and State govern-
ments for property and services under this section.’’;
(D) by inserting ‘‘or reentry services’’ after
‘‘or launch services’’ in subsection (a)(2);
(E) by inserting ‘‘or reentry’’ after ‘‘com-
mercial launch’’ both places it appears in sub-
section (b)(1);
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(F) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (b)(2)(C);
(G) by inserting after subsection (b)(2) the
following new paragraph:
‘‘(3) The Secretary shall ensure the establishment of
uniform guidelines for, and consistent implementation of,
this section by all Federal agencies.’’;
(H) by striking ‘‘or its payload for launch’’
in subsection (d) and inserting in lieu thereof
‘‘or reentry vehicle, or the payload of either, for
launch or reentry’’; and
(I) by inserting ‘‘, reentry vehicle,’’ after
‘‘manufacturer of the launch vehicle’’ in sub-
section (d);
(12) in section 70112—
(A) in subsection (a)(1), by inserting
‘‘launch, reentry, or site operator’’ after ‘‘(1)
When a’’;
(B) by inserting ‘‘or reentry’’ after ‘‘one
launch’’ in subsection (a)(3);
(C) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (a)(4);
(D) in subsection (b)(1), by inserting
‘‘launch, reentry, or site operator’’ after ‘‘(1)
A’’;
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(E) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in sub-
section (b);
(F) by inserting ‘‘applicable’’ after ‘‘car-
ried out under the’’ in paragraphs (1) and (2)
of subsection (b);
(G) by striking ‘‘, Space, and Technology’’
in subsection (d)(1);
(H) by inserting ‘‘OR REENTRIES’’ after
‘‘LAUNCHES’’ in the heading for subsection (e);
(I) by inserting ‘‘or reentry site or a re-
entry’’ after ‘‘launch site’’ in subsection (e);
and
(J) in subsection (f), by inserting ‘‘launch,
reentry, or site operator’’ after ‘‘carried out
under a’’;
(13) in section 70113(a)(1) and (d)(1) and (2),
by inserting ‘‘or reentry’’ after ‘‘one launch’’ each
place it appears;
(14) in section 70115(b)(1)(D)(i)—
(A) by inserting ‘‘reentry site,’’ after
‘‘launch site,’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘launch vehicle’’ both places it appears;
(15) in section 70117—
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(A) by inserting ‘‘or reentry site, or to re-
enter a reentry vehicle’’ after ‘‘operate a launch
site’’ in subsection (a);
(B) by inserting ‘‘or reentry’’ after ‘‘ap-
proval of a space launch’’ in subsection (d);
(C) by amending subsection (f) to read as
follows:
‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN
IMPORT.—A launch vehicle, reentry vehicle, or payload
that is launched or reentered is not, because of the launch
or reentry, an export or import, respectively, for purposes
of a law controlling exports or imports.’’; and
(D) in subsection (g)—
(i) by striking ‘‘operation of a launch
vehicle or launch site,’’ in paragraph (1)
and inserting in lieu thereof ‘‘reentry, op-
eration of a launch vehicle or reentry vehi-
cle, operation of a launch site or reentry
site,’’; and
(ii) by inserting ‘‘reentry,’’ after
‘‘launch,’’ in paragraph (2); and
(16) by adding at the end the following new
sections:
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‘‘§ 70120. Regulations
‘‘The Secretary of Transportation, within 6 months
after the date of the enactment of this section, shall issue
regulations to carry out this chapter that include—
‘‘(1) guidelines for industry to obtain sufficient
insurance coverage for potential damages to third
parties;
‘‘(2) procedures for requesting and obtaining li-
censes to operate a commercial launch vehicle or re-
entry vehicle;
‘‘(3) procedures for requesting and obtaining
operator licenses for launch or reentry;
‘‘(4) procedures for requesting and obtaining
launch site or reentry site operator licenses; and
‘‘(5) procedures for the application of govern-
ment indemnification.
‘‘§ 70121. Report to Congress
‘‘The Secretary of Transportation shall submit to
Congress an annual report to accompany the President’s
budget request that—
‘‘(1) describes all activities undertaken under
this chapter, including a description of the process
for the application for and approval of licenses under
this chapter and recommendations for legislation
that may further commercial launches and reentries;
and
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‘‘(2) reviews the performance of the regulatory
activities and the effectiveness of the Office of Com-
mercial Space Transportation.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a)(6)(B) shall take effect upon the effective
date of final regulations issued pursuant to section
70105(b)(2)(D) of title 49, United States Code, as added
by subsection (a)(6)(I).
SEC. 103. EXCEPTIONS TO EMPLOYMENT RESTRICTIONS.
(a) INAPPLICABILITY
OF CERTAIN POST-EMPLOY-
MENT RESTRICTIONS.—Subsections (a) and (c) of section
207 of title 18, United States Code, and section 27(d) of
the Office of Federal Procurement Policy Act (41 U.S.C.
423(d)) shall not apply to employees or former employees
of the National Aeronautics and Space Administration
seeking employment with an entity that is awarded the
Space Flight Operations Contract for the Space Shuttle.
(b) EXCEPTION.—Subsection (a) shall not apply to
an employee or former employee who, while employed with
the National Aeronautics and Space Administration—
(1) served, at the time of selection of the con-
tractor for the contract referred to in subsection (a)
or the award of such contract, as the procuring con-
tracting officer, the source selection authority, a
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member of the source selection evaluation board, or
the chief of a financial or technical evaluation team;
(2) served as the program manager, deputy pro-
gram manager, or administrative contracting officer
for the contract; or
(3) personally made for the National Aero-
nautics and Space Administration a decision to
award the contract or a modification of the contract.
SEC. 104. LAUNCH VOUCHER DEMONSTRATION PROGRAM.
Section 504 of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1993 (15
U.S.C. 5803) is amended—
(1) in subsection (a)—
(A) by striking ‘‘the Office of Commercial
Programs within’’; and
(B) by striking ‘‘Such program shall not
be effective after September 30, 1995.’’;
(2) by striking subsection (c); and
(3) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
SEC. 105. PROMOTION OF UNITED STATES GLOBAL POSI-
TIONING SYSTEM STANDARDS.
(a) FINDING.—The Congress finds that the Global
Positioning System, including satellites, signal equipment,
ground stations, data links, and associated command and
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control facilities, has become an essential element in civil,
scientific, and military space development because of the
emergence of a United States commercial industry which
provides Global Positioning System equipment and related
services.
(b) INTERNATIONAL COOPERATION.—The Congress
therefore encourages the President to—
(1) undertake a coordinated effort within the
executive branch to promote cooperation with foreign
governments and international organizations to ad-
vance United States interests with respect to the
Global Positioning System standards and augmenta-
tions; and
(2) ensure the operation of the Global Position-
ing System on a continuous worldwide basis free of
direct user fees.
SEC. 106. ACQUISITION OF SPACE SCIENCE DATA.
(a) ACQUISITION FROM PRIVATE SECTOR.—The Ad-
ministrator shall, to the maximum extent possible and
while fully satisfying the scientific requirements of the Na-
tional Aeronautics and Space Administration, acquire,
where cost effective, space science data from the private
sector.
(b) TREATMENT OF SPACE SCIENCE DATA AS COM-
MERCIAL ITEM UNDER ACQUISITION LAWS.—Acquisitions
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of space science data by the Administrator shall be carried
out in accordance with applicable acquisition laws and reg-
ulations (including chapters 137 and 140 of title 10, Unit-
ed States Code), except that space science data shall be
considered to be a commercial item for purposes of such
laws and regulations (including section 2306a of title 10,
United States Code (relating to cost or pricing data), sec-
tion 2320 of such title (relating to rights in technical data)
and section 2321 of such title (relating to validation of
proprietary data restrictions)).
(c) DEFINITION.—For purposes of this section, the
term ‘‘space science data’’ includes scientific data concern-
ing the elemental and mineralogical resources of the moon
and the planets, Earth environmental data obtained
through remote sensing observations, and solar storm
monitoring.
(d) SAFETY STANDARDS.—Nothing in this section
shall be construed to prohibit the Federal Government
from requiring compliance with applicable safety stand-
ards.
(e) LIMITATION.—This section does not authorize the
National Aeronautics and Space Administration to provide
financial assistance for the development of commercial
systems for the collection of space science data.
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TITLE II—REMOTE SENSING
SEC. 201. LAND REMOTE SENSING POLICY ACT OF 1992
AMENDMENTS.
The Land Remote Sensing Policy Act of 1992 is
amended—
(1) in section 2 (15 U.S.C. 5601)—
(A) by amending paragraph (5) to read as
follows:
‘‘(5) Commercialization of land remote sensing
is a near-term goal, and should remain a long-term
goal, of United States policy.’’;
(B) by striking paragraph (6) and redesig-
nating paragraphs (7) through (16) as para-
graphs (6) through (15), respectively; and
(C) in paragraph (11), as so redesignated
by subparagraph (B) of this paragraph, by
striking ‘‘determining the design’’ and all that
follows through ‘‘international consortium’’ and
inserting in lieu thereof ‘‘ensuring the continu-
ity of Landsat quality data’’;
(2) in section 101 (15 U.S.C. 5611)—
(A) by inserting the following after sub-
section (b)(4):
‘‘The Director of the Office of Science and Technology
Policy shall, no later than 60 days after the date of the
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enactment of the Space Commercialization Promotion Act
of 1996, transmit the management plan to the Committee
on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate.’’;
(B) in subsection (c)—
(i) by inserting ‘‘and’’ at the end of
paragraph (6);
(ii) by striking paragraph (7); and
(iii) by redesignating paragraph (8) as
paragraph (7); and
(C) in subsection (e)(1)—
(i) by inserting ‘‘and’’ at the end of
subparagraph (A);
(ii) by striking ‘‘, and’’ at the end of
subparagraph (B) and inserting in lieu
thereof a period; and
(iii) by striking subparagraph (C);
(3) in section 201 (15 U.S.C. 5621)—
(A) by inserting ‘‘(1)’’ after ‘‘NATIONAL
SECURITY.—’’ in subsection (b);
(B) in subsection (b)(1), as so designated
by subparagraph (A) of this paragraph, by
striking ‘‘No license’’ and inserting in lieu
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thereof ‘‘Except as provided in paragraph (3),
no license’’;
(C) by adding at the end of subsection (b)
the following new paragraphs:
‘‘(2) The Secretary, within 6 months after the date
of the enactment of the Space Commercialization Pro-
motion Act of 1996, shall publish in the Federal Register
a complete and specific list of all information required to
comprise a complete application for a license under this
title. An application shall be considered complete when the
applicant has provided all information required by the list
most recently published in the Federal Register before the
date the application was first submitted. Unless the Sec-
retary has, within 30 days after receipt of an application,
notified the applicant of information necessary to complete
an application, the Secretary may not deny the application
on the basis of the absence of any such information.
‘‘(3) The Secretary shall grant a license under this
title to any United States commercial provider (as such
term is defined in section 2 of the Space Commercializa-
tion Promotion Act of 1996) whose application is in full
compliance with the requirements of this title.’’;
(D) in subsection (c), by amending the sec-
ond sentence thereof to read as follows: ‘‘If the
Secretary has not granted the license within
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such 120-day period, the Secretary shall inform
the applicant, within such period, of any pend-
ing issues and actions required to be carried
out by the applicant or the Secretary in order
to result in the granting of a license.’’; and
(E) in subsection (e)(2)(B), by striking
‘‘and the importance of promoting widespread
access to remote sensing data from United
States and foreign systems’’;
(4) in section 202 (15 U.S.C. 5622)—
(A) by striking ‘‘section 506’’ in subsection
(b)(1) and inserting in lieu thereof ‘‘section
507’’;
(B) in subsection (b)(2), by striking ‘‘as
soon as such data are available and on reason-
able terms and conditions’’ and inserting in lieu
thereof ‘‘on reasonable terms and conditions,
including the provision of such data in a timely
manner’’;
(C) in subsection (b)(6), by striking ‘‘any
agreement’’ and inserting in lieu thereof ‘‘any
significant or substantial agreement relating to
land remote sensing’’; and
(D) by inserting after paragraph (6) of
subsection (b) the following:
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remote sensing space system will be licensed by the
Secretary before commencing its commercial oper-
ation’’;
(8) by adding at the end of title II the following
new section:
‘‘SEC. 206. NOTIFICATION.
‘‘(a) LIMITATIONS ON LICENSEE.—Not later than 30
days after a determination by the Secretary to require a
licensee to limit collection or distribution of data from a
system licensed under this title, the Secretary shall provide
written notification to Congress of such determination, in-
cluding the reasons therefor, the limitations imposed on
the licensee, and the period during which such limitations
apply.
‘‘(b) TERMINATION, MODIFICATION, OR SUSPEN-
SION.—Not later than 30 days after an action by the Sec-
retary to seek an order of injunction or other judicial de-
termination pursuant to section 203(a)(2), the Secretary
shall provide written notification to Congress of such ac-
tion and the reasons therefor.’’;
(9) in section 301 (15 U.S.C. 5631)—
(A) by inserting ‘‘, that are not being com-
mercially developed’’ after ‘‘and its environ-
ment’’ in subsection (a)(2)(B); and
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(B) by adding at the end the following new
subsection:
‘‘(d) DUPLICATION OF COMMERCIAL SECTOR ACTIVI-
TIES.—The Federal Government shall not undertake ac-
tivities under this section which duplicate activities avail-
able from the commercial sector, unless such activities
would result in significant cost savings to the Federal Gov-
ernment.’’;
(10) in section 302 (15 U.S.C. 5632)—
(A) by striking ‘‘(a) GENERAL RULE.—’’;
(B) by striking ‘‘, including unenhanced
data gathered under the technology demonstra-
tion program carried out pursuant to section
303,’’ and inserting in lieu thereof ‘‘that is not
otherwise available from the commercial sec-
tor’’; and
(C) by striking subsection (b);
(11) by repealing section 303 (15 U.S.C. 5633);
(12) 
in 
section 
401(b)(3) 
(15 
U.S.C.
5641(b)(3)), by striking ‘‘, including any such en-
hancements developed under the technology dem-
onstration program under section 303,’’;
(13) in section 501(a) (15 U.S.C. 5651(a)), by
striking ‘‘section 506’’ and inserting in lieu thereof
‘‘section 507’’;
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(14) 
in 
section 
502(c)(7) 
(15 
U.S.C.
5652(c)(7)), by striking ‘‘section 506’’ and inserting
in lieu thereof ‘‘section 507’’;
(15) in section 506 (15 U.S.C. 5656)—
(A) by inserting ‘‘(1)’’ after ‘‘COMMUNICA-
TIONS COMMISSION.—’’ in subsection (a);
(B) by inserting at the end of subsection
(a) the following new paragraph:
‘‘(2) The Federal Communications Commission, with-
in 6 months after the date of the enactment of the Space
Commercialization Promotion Act of 1996, shall publish
in the Federal Register a complete and specific list of all
information required to comprise a complete application
described in paragraph (1). An application shall be consid-
ered complete when the applicant has provided all infor-
mation required by the list most recently published in the
Federal Register before the date the application was first
submitted. Unless the Federal Communications Commis-
sion has, within 30 days after receipt of an application,
notified the applicant of information necessary to complete
an application, the Federal Communications Commission
may not deny the application on the basis of the absence
of any such information.’’; and
(C) by adding at the end the following new
subsection:
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‘‘(e) FEES.—The Federal Communications Commis-
sion shall ensure that any licensing or other fees that a
private remote sensing space system operator subject to
the licensing requirements of title II is required to pay
such Commission shall be proportional to the cost to the
Commission of the radio licensing process for such person
relative to the cost to the Commission of licensing other
entities subject to the fee.’’; and
(16) in section 507 (15 U.S.C. 5657)—
(A) by amending subsection (a) to read as
follows:
‘‘(a) RESPONSIBILITY OF THE SECRETARY OF DE-
FENSE.—The Secretary shall consult with the Secretary
of Defense on all matters under this Act affecting national
security. The Secretary of Defense shall be responsible for
determining those conditions, consistent with this Act,
necessary to meet national security concerns of the United
States, and for notifying the Secretary promptly of such
conditions. Not later than 60 days after receiving a re-
quest from the Secretary, the Secretary of Defense shall
recommend to the Secretary any conditions for a license
issued under title II, consistent with this Act, that the Sec-
retary of Defense determines are needed to protect the na-
tional security of the United States. If no such rec-
ommendation has been received by the Secretary within
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such 60-day period, the Secretary shall deem activities
proposed in the license application to be consistent with
the protection of the national security of the United
States.’’;
(B) by striking subsection (b)(1) and (2)
and inserting in lieu thereof the following:
‘‘(b) RESPONSIBILITY
OF
THE
SECRETARY
OF
STATE.—(1) The Secretary shall consult with the Sec-
retary of State on all matters under this Act affecting
international obligations of the United States. The Sec-
retary of State shall be responsible for determining those
conditions, consistent with this Act, necessary to meet
international obligations of the United States and for noti-
fying the Secretary promptly of such conditions. Not later
than 60 days after receiving a request from the Secretary,
the Secretary of State shall recommend to the Secretary
any conditions for a license issued under title II, consist-
ent with this Act, that the Secretary of State determines
are needed to meet international obligations of the United
States. If no such recommendation has been received by
the Secretary within such 60-day period, the Secretary
shall deem activities proposed in the license application to
be consistent with the international obligations and poli-
cies of the United States.
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‘‘(2) Appropriate United States Government agencies
are authorized and encouraged to provide to developing
nations, as a component of international aid, resources for
purchasing remote sensing data, training, and analysis
from United States commercial providers.’’; and
(C) in subsection (d), by striking ‘‘Sec-
retary may require’’ and inserting in lieu there-
of ‘‘Secretary shall, where appropriate, re-
quire’’.
SEC. 202. ACQUISITION OF EARTH REMOTE SENSING DATA.
(a) ACQUISITION FROM PRIVATE SECTOR.— For pur-
poses of meeting Government goals for Mission to Planet
Earth, the Administrator shall, to the maximum extent
possible and while fully satisfying the scientific require-
ments of the National Aeronautics and Space Administra-
tion, acquire, where cost effective, space-based and air-
borne Earth remote sensing data, services, distribution,
and applications from the private sector.
(b) TREATMENT AS COMMERCIAL ITEM UNDER AC-
QUISITION LAWS.—Acquisitions by the Administrator of
the data, services, distribution, and applications referred
to in subsection (a) shall be carried out in accordance with
applicable acquisition laws and regulations (including
chapters 137 and 140 of title 10, United States Code),
except that such data, services, distribution, and applica-
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tions shall be considered to be a commercial item for pur-
poses of such laws and regulations (including section
2306a of title 10, United States Code (relating to cost
or pricing data), section 2320 of such title (relating to
rights in technical data) and section 2321 of such title
(relating to validation of proprietary data restrictions)).
(c) STUDY.—(1) The Administrator shall conduct a
study to determine the extent to which the baseline sci-
entific requirements of Mission to Planet Earth can be
met by the private sector, and how the National Aero-
nautics and Space Administration will meet such require-
ments which cannot be met by the private sector.
(2) The study conducted under this subsection
shall—
(A) make recommendations to promote the
availability of information from the National Aero-
nautics and Space Administration to the private sec-
tor to enable the private sector to better meet the
baseline scientific requirements of Mission to Planet
Earth;
(B) make recommendations to promote the dis-
semination to the private sector of information on
advanced technology research and development per-
formed by or for the National Aeronautics and
Space Administration; and
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(C) identify policy, regulatory, and legislative
barriers to the implementation of the recommenda-
tions made under this subsection.
(3) For purposes of carrying out this subsection, de-
termination of the baseline scientific requirements of Mis-
sion to Planet Earth shall be carried out by the Goddard
Space Flight Center. The Commercial Remote Sensing
Program at the Stennis Space Center shall be responsible
for identifying private sector data, services, distributions,
and applications that can meet the scientific requirements
of Mission to Planet Earth. The Administrator shall be
responsible for determining the extent to which the base-
line scientific requirements of Mission to Planet Earth can
be met by the private sector, and shall ensure that the
Stennis Space Center plays a major coordinating role.
(4) The results of the study conducted under this
subsection shall be transmitted to the Congress within 9
months after the date of the enactment of this Act.
(d) SAFETY STANDARDS.—Nothing in this section
shall be construed to prohibit the Federal Government
from requiring compliance with applicable safety stand-
ards.
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TITLE 
III—FEDERAL 
ACQUISI-
TION OF SPACE TRANSPOR-
TATION SERVICES
SEC. 
301. 
REQUIREMENT 
TO 
PROCURE 
COMMERCIAL
SPACE TRANSPORTATION SERVICES.
(a) IN GENERAL.—Except as otherwise provided in
this section, the Federal Government shall acquire space
transportation services from the private sector whenever
such services are required in the course of its activities.
To the maximum extent practicable, the Federal Govern-
ment shall plan missions to accommodate the space trans-
portation services capabilities of United States commercial
providers.
(b) EXCEPTIONS.—The Federal Government shall
not be required to acquire space transportation services
under subsection (a) if, on a case-by-case basis, the Ad-
ministrator or, in the case of a national security issue,
the Secretary of the Air Force, determines that—
(1) a payload requires the unique capabilities of
the space shuttle;
(2) cost effective space transportation services
that meet specific mission requirements would not be
reasonably available from United States commercial
providers when required;
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(3) the use of space transportation services
from United States commercial providers poses an
unacceptable risk of loss of a unique scientific oppor-
tunity;
(4) the use of space transportation services
from United States commercial providers is incon-
sistent with national security objectives;
(5) the use of space transportation services
from United States commercial providers poses an
unacceptable risk to foreign policy objectives;
(6) it is more cost effective to transport a pay-
load in conjunction with a test or demonstration of
a space transportation vehicle owned by the Federal
Government; or
(7) a payload can make use of the available
cargo space on a Space Shuttle mission as a second-
ary payload, and such payload is consistent with the
requirements of research, development, demonstra-
tion, scientific, commercial, and educational pro-
grams authorized by the Administrator.
(c) DELAYED EFFECT.—Subsection (a) shall not
apply to space transportation services and space transpor-
tation vehicles acquired or owned by the Federal Govern-
ment before the date of the enactment of this Act, or with
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respect to which a contract for such acquisition or owner-
ship has been entered into before such date.
(d) HISTORICAL PURPOSES.—This section shall not
be construed to prohibit the Federal Government from ac-
quiring, owning, or maintaining space transportation vehi-
cles solely for historical display purposes.
SEC. 302. ACQUISITION OF SPACE TRANSPORTATION SERV-
ICES.
(a) TREATMENT OF SPACE TRANSPORTATION SERV-
ICES
AS
COMMERCIAL
ITEM
UNDER
ACQUISITION
LAWS.—Acquisitions of space transportation services by
the Federal Government shall be carried out in accordance
with applicable acquisition laws and regulations (including
chapters 137 and 140 of title 10, United States Code),
except that space transportation services shall be consid-
ered to be a commercial item for purposes of such laws
and regulations (including section 2306a of title 10, Unit-
ed States Code (relating to cost or pricing data), section
2320 of such title (relating to rights in technical data)
and section 2321 of such title (relating to validation of
proprietary data restrictions)).
(b) SAFETY STANDARDS.—Nothing in this section
shall be construed to prohibit the Federal Government
from requiring compliance with applicable safety stand-
ards.
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SEC. 303. LAUNCH SERVICES PURCHASE ACT OF 1990
AMENDMENTS.
The Launch Services Purchase Act of 1990 (42
U.S.C. 2465b et seq.) is amended—
(1) by striking section 202;
(2) in section 203—
(A) by striking paragraphs (1) and (2);
and
(B) by redesignating paragraphs (3) and
(4) as paragraphs (1) and (2), respectively;
(3) by striking sections 204 and 205; and
(4) in section 206—
(A) by striking ‘‘(a) COMMERCIAL PAY-
LOADS ON THE SPACE SHUTTLE.—’’; and
(B) by striking subsection (b).
SEC. 304. 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
another person,
except as provided in subsection (b).
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(b) AUTHORIZED FEDERAL USES.—(1) A missile de-
scribed in subsection (c) may be converted for use as a
space transportation vehicle by the Federal Government
if—
(A) except as provided in paragraph (2), at
least 120 days before such conversion the agency
seeking to use the missile as a space transportation
vehicle transmits to the Committee on National Se-
curity and the Committee on Science of the House
of Representatives, and to the Committee on Armed
Services and the Committee on Commerce, Science,
and Transportation of the Senate, a report that con-
tains—
(i) a certification that the use of such mis-
sile—
(I) would result in significant cost
savings to the Federal Government when
compared to the cost of acquiring space
transportation services from United States
commercial providers; and
(II) meets all mission requirements of
the agency, including performance, sched-
ule, and risk requirements; and
(ii) comments obtained from United States
commercial providers in response to prior public
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notice published in the Commerce Business
Daily;
(B) the use of such missile is consistent with
international obligations of the United States; and
(C) the Secretary of Defense approves of such
conversion.
(2) The requirement under paragraph (1)(A) that the
report described in that subparagraph must be transmit-
ted at least 120 days before conversion of the missile shall
not apply if the Secretary of Defense determines that com-
pliance with that requirement would be inconsistent with
meeting immediate national security requirements.
(c) MISSILES REFERRED TO.—The missiles referred
to in this section are missiles owned by the United States
that were formerly used by the Department of Defense
for national defense purposes as intercontinental ballistic
missiles and that have been retired from service in compli-
ance with international obligations of the United States.
Passed the House of Representatives September 17,
1996.
Attest:
ROBIN H. CARLE,
Clerk.