as provided in section 70122, the Secretary’’;
and
(B) in subsection (b)—
(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’’;
(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-
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:
‘‘(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
(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
(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 establish criteria and procedures for
determining the priority of competing requests from the
private sector and State governments for property and
services under this section.’’;
(D) by inserting ‘‘or reentry services’’ after
‘‘or launch services’’ in subsection (a)(2);
(E) by striking ‘‘actual costs’’ in sub-
section (b)(1) and inserting in lieu thereof ‘‘ad-
ditive costs only’’;
(F) by inserting ‘‘or reentry’’ after ‘‘com-
mercial launch’’ both places it appears in sub-
section (b)(1);
(G) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (b)(2)(C);
(H) 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.’’;
(I) 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
(J) 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’’;
(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—
(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:
‘‘§ 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; and
‘‘(4) 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—
curity or foreign policy interests of the United
States; or
‘‘(2) 90 days have passed after the State has
requested the Secretary to make a determination
under paragraph (1), and the Secretary has not re-
sponded.
‘‘(c) EFFECT OF STATE LICENSE.—The Secretary
shall treat a launch site licensed by a State under sub-
section (a) as having complied with all Federal require-
ments regarding the licensing and operation of a launch
site.
‘‘(d) CESSATION OF STATE AUTHORITY.—The au-
thority of a State to issue a license under subsection (a)
shall cease upon the issuance of Federal regulations gov-
erning the application for and granting of Federal licenses
for the operation of a launch site.’’.
(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) GENERAL RULE.—Section 207(a) and (c) of title
18, United States Code, and section 27(f)(1) of the Fed-
eral Procurement Policy Act (41 U.S.C. 423(f)(1)) shall
not apply to employees or former employees of the Na-
tional Aeronautics and Space Administration seeking em-
ployment with an entity that is awarded a single prime
contract for the Space Shuttle or with an organization re-
ceiving an award as a result of National Aeronautics and
Space Administration streamlining activities.
(b) EXCEPTIONS.—Subsection (a) shall not apply to
an employee who, while employed with the National Aero-
nautics and Space Administration, served in a position of
authority with respect to the selection of the organization
with which the employee seeks employment for an award.
SEC. 104. BENEFITS FOR CERTAIN EMPLOYEES TRANSFER-
RING FROM NASA.
(a) ELECTION.—Any employee of the National Aero-
nautics and Space Administration who accepts employ-
ment with a qualified employer within one year after the
award which resulted in the employer becoming a qualified
employer, and who is subject to either CSRS or FERS,
shall elect to—
(1) retain their coverage under either CSRS or
FERS, as applicable, in lieu of coverage by the
qualified employer’s retirement system; or
(2) receive a deferred annuity or lump-sum ben-
efit payable to a terminated employee under CSRS
or FERS, as applicable.
Those employees electing under paragraph (2) shall have
the option to transfer the balance in their Thrift Savings
Plan account to a defined contribution plan under the
qualified employer’s retirement system, consistent with ap-
plicable law and the terms of the qualified employer’s de-
fined contribution plan.
(b) RETIREMENT AND DISABILITY PAYMENTS.—A
qualified employer shall transfer to the Civil Service Re-
tirement and Disability Fund—
(1) such employee deductions and agency con-
tributions as are required by sections 8334, 8422,
and 8423 of title 5, United States Code, for those
employees who elect to retain their coverage under
either CSRS or FERS pursuant to subsection
(a)(1);
(2) such additional agency contributions as are
determined necessary by the Office of Personnel
Management to pay, in combination with the sums
under paragraph (1), the ‘‘normal cost’’ (determined
using dynamic assumptions) of retirement benefits
for those employees who elect to retain their cov-
erage under CSRS or FERS pursuant to subsection
(a)(1), with the concept of ‘‘normal cost’’ being used
consistent with generally accepted actuarial stand-
ards and principles; and
(3) such additional amounts, not to exceed 2
percent of the aggregate of amounts under para-
graphs (1) and (2), as are determined necessary by
the Office of Personnel Management to pay the cost
of administering retirement benefits for employees
who retire from the qualified employer under either
CSRS or FERS, for their survivors, and for survi-
vors of employees of the qualified employer who die
after the award to the qualified employer (which
amounts shall be available to the Office of Personnel
Management as provided in section 8348(a)(1)(B) of
title 5, United States Code).
(c) THRIFT SAVINGS FUND PAYMENTS.—A qualified
employer shall transfer to the Thrift Savings Fund such
employee and agency contributions as are required or au-
thorized by sections 8432 and 8351 of title 5, United
States Code, for those employees who elect to retain their
coverage under CSRS or FERS pursuant to subsection
(a)(1).
(d) HEALTH BENEFITS.—For those National Aero-
nautics and Space Administration employees who accept
employment with a qualified employer and who were sub-
ject at the time of acceptance of that employment to
FEHBP as Federal employees and who elect to retain
their coverage under either CSRS or FERS pursuant to
subsection (a)(1), it shall be their option as to whether
to receive health benefits from a health benefit plan estab-
lished by the qualified employer or to continue without
interruption their coverage under the FEHBP, in lieu of
coverage by the qualified employer’s health benefit system.
(e) HEALTH BENEFITS PAYMENTS.—A qualified em-
ployer shall transfer to the Employees Health Benefits
Fund—
(1) such employee deductions and agency con-
tributions as are required by section 8906(a)
through (f) of title 5, United States Code, for those
employees who elect to retain their coverage under
FEHBP pursuant to subsection (d); and
(2) such amounts as are determined necessary
by the Office of Personnel Management under sub-
section (f) to reimburse the Office of Personnel
Management 
for 
contributions 
under 
section
8906(g)(1) of title 5, United States Code, for those
employees who elect to retain their coverage under
FEHBP pursuant to subsection (d).
(f) GOVERNMENT CONTRIBUTIONS.—The amounts
required under subsection (e)(2) shall pay the Government
contributions for retired employees who retire from the
qualified employer under either CSRS or FERS, for survi-
vors of such retired employees, and for survivors of em-
ployees of the qualified employer, with said amounts pro-
rated to reflect only that portion of the total service of
such employees and retired persons that was performed
as an employee of the qualified employer.
(g) DEFINITIONS.—For purposes of this section, the
term ‘‘qualified employer’’ means an organization which
operates the consolidated Space Shuttle operations con-
tract, and any other organization identified by the Admin-
istrator as acting in furtherance of streamlining activities.
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
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. PURCHASE OF SPACE SCIENCE DATA.
(a) IN GENERAL.—To the maximum extent possible,
while fully satisfying the National Aeronautics and Space
Administration’s scientific requirements, the National
Aeronautics and Space Administration shall, where cost
effective, purchase from the United States private sector
space science data. Examples of such data include sci-
entific data concerning the elemental and mineralogical re-
sources of the moon and the planets, Earth environmental
data obtained through remote sensing observations, and
solar storm monitoring.
(b) COMPETITIVE BIDDING.—(1) Contracts for the
purchase of space science data under this section shall be
awarded in a process of full, fair, and open competitive
bidding.
(2) Submission of cost data, either for the purposes
of supporting the bid or fulfilling the contract, shall not
be required of bidders or awardees of the contract.
(3) Reasonable performance specifications, rather
than design or construction specifications, shall be used
to the maximum extent feasible to define requirements for
United States commercial providers with respect to the de-
sign, construction, or operation of equipment used in ob-
taining space science data under contracts entered into
under this section. This subsection shall not be construed
to prohibit the Federal Government from requiring com-
pliance with applicable safety standards.
(4) Contracts under this section shall not provide for
the Federal Government to obtain ownership of data not
specifically sought by the Federal Government.
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
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
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 indicates
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
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 and at prevailing market prices’’;
(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:
‘‘The Secretary may not terminate, modify, or suspend a
license issued pursuant to this title on the basis of an
agreement the Secretary receives notification of under
paragraph (6) unless the Secretary has, within 30 days
after receipt of such notification, transmitted to the li-
censee a statement that such agreement is inconsistent
with the national security or international obligations of
the United States, including an explanation of such incon-
sistency.’’;
(5) in section 203 (15 U.S.C. 5623)—
(A) in subsection (a)(2), by striking
‘‘under this title and’’ and inserting in lieu
thereof ‘‘under this title or’’;
(B) in subsection (a)(3), by striking ‘‘pro-
vide penalties’’ and inserting in lieu thereof
‘‘seek, in a United States District Court with
personal jurisdiction over the licensee, pen-
alties’’; and
(C) in subsection (b), by striking ‘‘(a)(3),’’;
(6) in section 204 (15 U.S.C. 5624), by striking
‘‘may’’ and inserting in lieu thereof ‘‘shall’’;
(7) in section 205(c) (15 U.S.C. 5625(c)), by
inserting ‘‘commercial’’ after ‘‘Secretary before com-
mencing’’;
(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
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’’;
(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:
‘‘(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. In no event shall such a fee
be required in an amount greater than $5,000 per ground
station.’’; 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. The Secretary of De-
fense shall concurrently transmit such recommendation to
the Committee on Science of the House of Representatives
and the Committee on Commerce, Science, and Transpor-
tation of the Senate. If no such recommendation has been
received by the Secretary within such 60-day period, the
Secretary shall deem activities proposed in the license ap-
plication to be consistent with the protection of the na-
tional 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. The Secretary of State shall concurrently transmit
such recommendation to the Committee on Science of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. If no
such recommendation has been received by the Secretary
within such 60-day period, the Secretary shall deem activi-
ties proposed in the license application to be consistent
with the international obligations and policies of the Unit-
ed States.
‘‘(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.—To the maximum extent possible,
while fully satisfying the National Aeronautics and Space
Administration’s scientific requirements, the Adminis-
trator shall, where cost effective, acquire space-based and
airborne Earth remote sensing data, services, distribution,
and applications provided by the United States private
sector to meet Government goals for Mission to Planet
Earth.
(b) 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
(C) identify policy, regulatory, and legislative
barriers to the implementation of the recommenda-
tions made under this subsection.
(3) The results of the study conducted under this
subsection shall be transmitted to the Congress within 6
months after the date of the enactment of this Act.
(c) ADMINISTRATION.—This section shall be carried
out as part of the Commercial Remote Sensing Program
at the Stennis Space Center.
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 United States commercial
providers whenever such services are required in the
course of its activities. To the maximum extent prac-
ticable, the Federal Government shall plan missions to ac-
commodate the space transportation services capabilities
of United States commercial providers.
(b) EXCEPTIONS.—(1) 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 Defense, determines that—
(A) a payload requires the unique capabilities of
the space shuttle;
(B) space transportation services that meet spe-
cific mission requirements would not be reasonably
available from United States commercial providers
when required;
(C) the use of space transportation services
from United States commercial providers poses an
unacceptable risk of loss of a unique scientific oppor-
tunity;
(D) the use of space transportation services
from United States commercial providers poses an
unacceptable risk to national security objectives; or
(E) 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.
(2) Determinations under paragraph (1) shall be
made by the Administrator or the Secretary of Defense,
and shall not be delegated. Each such determination shall
be reported in writing to the Committee on Science and
other appropriate committees of the House of Representa-
tives, and to the Committee on Commerce, Science, and
Transportation and other appropriate committees of the
Senate, at least 120 days before the acquisition or provi-
sion of space transportation services from or by a source
other than United States commercial providers.
(c) PARTNERSHIPS.—The acquisition of space trans-
portation services in connection with a payload with re-
spect to which the Federal Government has provided a
greater amount of the funding required for construction
and operation than any other source, shall be subject to
the requirements of this section.
(d) DELAYED EFFECT.—Subsections (a) and (c)
shall not apply to space transportation services and space
transportation vehicles acquired or owned by the Federal
Government before the date of the enactment of this Act,
or with respect to which a contract for such acquisition
or ownership has been entered into before such date.
(e) 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) COMPETITIVE BIDDING.—(1) Contracts for the
acquisition of space transportation services by the Federal
Government shall be awarded subject to applicable Fed-
eral law requiring full, fair, and open competition, includ-
ing section 2304 of title 10, United States Code, and sec-
tion 311 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2459c).
(2) Bidders for a contract for the acquisition by the
Federal Government of space transportation services shall
not be required to provide cost data for the purpose of
supporting such a bid or fulfilling such a contract, except
in cases where only one credible bid meeting the require-
ments of the solicitation is received.
(b) SPECIFICATION SYSTEMS.—Reasonable perform-
ance specifications, rather than design or construction
specifications, shall be used to the maximum extent fea-
sible to define requirements for United States commercial
providers bidding to provide or providing space transpor-
tation services to the Federal Government. This subsection
shall not be construed to prohibit the Federal Government
from requiring compliance with applicable safety stand-
ards.
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
(d) 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) or (c).
(b) AUTHORIZED FEDERAL USES.—(1) A missile de-
scribed in subsection (d) 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
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) AUTHORIZED EDUCATIONAL USES.—(1) A mis-
sile described in subsection (d) may be made available for
launching a payload owned and operated by an institution
of higher education for research or education purposes
if—
(A) the payload has no functions that will com-
pete with commercial applications available from
United States commercial providers;
(B) the cost of converting and using the missile
for such purpose is less than 50 percent of the price
United States commercial providers would charge for
such purpose;
(C) the institution of higher education will pay
the costs of such conversion and launch;
(D) such conversion and launch will be con-
ducted by the institution of higher education or a
United States commercial provider; and
(E) the Secretary of Defense approves of such
conversion and use.
(2) For purposes of this subsection, the term ‘‘insti-
tution of higher education’’ has the meaning given such
term in section 1201(a) of the Higher Education Act of
1965.
(d) 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.
Æ