Space Commercialization Promotion Act of 1996
(HR3936)


                                                                           

          104th CONGRESS
          2d Session
                                         AN ACT
            To encourage the development of a commercial space industry in 
          the United States, and for other purposes.
           [Italic->]   Be it enacted by the Senate and House of
          Representatives of the United States of America in Congress
          assembled, [<-Italic]
          SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
            (a) SHORT TITLE- This Act may be cited as the `Space
          Commercialization Promotion Act of 1996'.
            (b) TABLE OF CONTENTS- 
          Sec. 1. Short title; table of contents.
          Sec. 2. Definitions.
                  TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
          Sec. 101. Commercialization of space station.
          Sec. 102. Commercial space launch amendments.
          Sec. 103. Exceptions to employment restrictions.
          Sec. 104. Launch voucher demonstration program.
          Sec. 105. Promotion of United States Global Positioning System
              standards.
          Sec. 106. Acquisition of space science data.
                                TITLE II--REMOTE SENSING
          Sec. 201. Land Remote Sensing Policy Act of 1992 amendments.
          Sec. 202. Acquisition of earth remote sensing data.
             TITLE III--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
          Sec. 301. Requirement to procure commercial space transportation
              services.
          Sec. 302. Acquisition of space transportation services.
          Sec. 303. Launch Services Purchase Act of 1990 amendments.
          Sec. 304. Use of excess intercontinental ballistic missiles.
          SEC. 2. DEFINITIONS.
            For purposes of this Act--
                (1) the term `Administrator' means the Administrator of the
              National Aeronautics and Space Administration;
                (2) the term `commercial provider' means any person providing
              space transportation services or other space-related 
              activities, primary control of which is held by persons other
              than Federal, State, local, and foreign governments;
                (3) the term `payload' means anything that a person 
              undertakes to transport to, from, or within outer space, or in
              suborbital trajectory, by means of a space transportation
              vehicle, but does not include the space transportation vehicle
              itself except for its components which are specifically 
              designed or adapted for that payload;
                (4) the term `space-related activities' includes research and
              development, manufacturing, processing, service, and other
              associated and support activities;
                (5) the term `space transportation services' means the
              preparation of a space transportation vehicle and its payloads
              for transportation to, from, or within outer space, or in
              suborbital trajectory, and the conduct of transporting a 
              payload to, from, or within outer space, or in suborbital
              trajectory;
                (6) the term `space transportation vehicle' means any vehicle
              constructed for the purpose of operating in, or transporting a
              payload to, from, or within, outer space, or in suborbital
              trajectory, and includes any component of such vehicle not
              specifically designed or adapted for a payload;
                (7) the term `State' means each of the several States of the
              Union, the District of Columbia, the Commonwealth of Puerto
              Rico, the Virgin Islands, Guam, American Samoa, the 
              Commonwealth of the Northern Mariana Islands, and any other
              commonwealth, territory, or possession of the United States; and
                (8) the term `United States commercial provider' 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 evidenced a
                      substantial commitment to the United States market
                      through--
            (I) investments in the United States in long-term research,
          development, 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
                      described in subparagraph (A) comparable to that
                      afforded to such foreign company's subsidiary in the
                      United States, as evidenced by--
            (I) providing comparable opportunities 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 companies described in subparagraph
          (A) with respect to local investment opportunities that are not
          provided to foreign companies in the United States; and
            (III) providing adequate and effective protection for the
          intellectual property rights of companies described in subparagraph
          (A).
                  TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
          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 Congress further declares
          that free and competitive markets create the most efficient
          conditions for promoting economic development, and should therefore
          govern the economic 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 commercial ventures which
          could supply, use, service, or augment the International Space
          Station, the specific policies and initiatives the Administrator is
          advancing to encourage 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.
          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 section 70104 to 
                  read as follows:
          `70104. Restrictions on launches, operations, and reentries.';
                    (B) by amending the item relating to section 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 section 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 `launching' both
                  places it appears in subsection (a)(4);
                    (C) by inserting `, reentry vehicles,' after `launch
                  vehicles' in subsection (a)(5);
                    (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 `conduct of
                  commercial launch' in subsection (b)(3);
                    (M) by striking `launch' after `and transfer commercial'
                  in subsection (b)(3); and
                    (N) by inserting `and development of reentry sites,' 
                  after `launch-site support facilities,' in subsection (b)(4);
                (3) in section 70102--
                    (A) by striking `and any payload' and inserting 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 subparagraph:
                    `(A) activities directly related to the preparation 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 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 paragraph (15), as so
                  redesignated by subparagraph (D) of this paragraph;
                (4) in section 70103--
                    (A) by striking `The Secretary' in subsection (a) and
                  inserting in lieu thereof `Except 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:
          `Sec. 70104. Restrictions on launches, operations, and reentries';
                    (B) by inserting `or reentry site, or to reenter 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 heading 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 inserting 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 Commerce, Science, and Transportation of the Senate a
                  written notice not later than 7 days after any occurrence
                  when a license is not issued within the deadline 
                  established by this subsection.';
                    (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, procedures, services, or 
          personnel that may be used in conducting licensed commercial space
          launch or reentry activities.';
                    (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 inserting in lieu
                  thereof `, operation, or reentry' in subsection (b)(2)(A);
                    (G) by striking `and' at the end of subsection (b)(2)(B);
                    (H) by striking the period at the end of subsection
                  (b)(2)(C) and inserting in lieu thereof `; and';
                    (I) by adding at the end of subsection (b)(2) the
                  following new subparagraph:
                `(D) regulations establishing criteria for accepting or
              rejecting an application for a license under this chapter 
              within 60 days after receipt of such application.'; and
                    (J) by inserting `, including the requirement to obtain a
                  license,' after `waive a requirement' 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:
          `Sec. 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 reentry of a
                      reentry vehicle,' after `operation 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:
          `Sec. 70109. Preemption of scheduled launches or reentries';
                    (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 commitment';
                        (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 reentry' after
                  `prompt launching';
                (10) in section 70110--
                    (A) by inserting `or reentry' after `prevent the launch'
                  in subsection (a)(2); and
                    (B) by inserting `or reentry site, or reentry 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 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 inserting `or reentry' after `commercial launch'
                  both places it appears in subsection (b)(1);
                    (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 subsection (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 subsection (b);
                    (F) by inserting `applicable' after `carried 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 reentry' 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 reenter a 
                  reentry vehicle' after `operate a launch site' in 
                  subsection (a);
                    (B) by inserting `or reentry' after `approval 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, operation of a launch vehicle or
                      reentry vehicle, 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:
          `Sec. 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 licenses to
              operate a commercial launch vehicle or reentry 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 government
              indemnification.
          `Sec. 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
                `(2) reviews the performance of the regulatory activities and
              the effectiveness of the Office of Commercial 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-EMPLOYMENT 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 contractor for 
              the contract referred to in subsection (a) or the award of such
              contract, as the procuring contracting officer, the source
              selection authority, a member of the source selection 
              evaluation board, or the chief of a financial or technical
              evaluation team;
                (2) served as the program manager, deputy program manager, or
              administrative contracting officer for the contract; or
                (3) personally made for the National Aeronautics 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 POSITIONING 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 advance United States interests
              with respect to the Global Positioning System standards and
              augmentations; and
                (2) ensure the operation of the Global Positioning System on 
              a continuous worldwide basis free of direct user fees.
          SEC. 106. ACQUISITION OF SPACE SCIENCE DATA.
            (a) ACQUISITION FROM PRIVATE SECTOR- The Administrator shall, to
          the maximum extent possible and while fully satisfying the
          scientific requirements of the National Aeronautics and Space
          Administration, acquire, where cost effective, space science data
          from the private sector.
            (b) TREATMENT OF SPACE SCIENCE DATA AS COMMERCIAL ITEM UNDER
          ACQUISITION LAWS- Acquisitions of space science data by the
          Administrator 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 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), 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) DEFINITION- For purposes of this section, the term `space
          science data' includes scientific data concerning 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 standards.
            (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.
                                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 redesignating 
                  paragraphs (7) through (16) as paragraphs (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 continuity of
                  Landsat quality data';
                (2) in section 101 (15 U.S.C. 5611)--
                    (A) by inserting the following after subsection (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 Committee 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 Promotion 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 Secretary
          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 Commercialization Promotion Act of 1996)
          whose application is in full compliance with the requirements of
          this title.';
                    (D) in subsection (c), by amending the second 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 pending 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 reasonable 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:
          `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 licensee a statement that such agreement is
          inconsistent with the national security or international 
          obligations of the United States, including an explanation of such
          inconsistency.';
                (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 `provide penalties'
                  and inserting in lieu thereof `seek, in a United States
                  District Court with personal jurisdiction over the 
                  licensee, penalties'; 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 striking `if
              such remote sensing space system is licensed by the Secretary
              before commencing operation' and inserting in lieu thereof `if
              such private remote sensing space system will be licensed by 
              the Secretary before commencing its commercial operation';
                (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, including the reasons therefor, the
          limitations imposed on the licensee, and the period during which
          such limitations apply.
            `(b) TERMINATION, MODIFICATION, OR SUSPENSION- Not later than 30
          days after an action by the Secretary to seek an order of 
          injunction or other judicial determination pursuant to section
          203(a)(2), the Secretary shall provide written notification to
          Congress of such action and the reasons therefor.';
                (9) in section 301 (15 U.S.C. 5631)--
                    (A) by inserting `, that are not being commercially
                  developed'  after `and its environment' in subsection
                  (a)(2)(B); and
                    (B) by adding at the end the following new subsection:
            `(d) DUPLICATION OF COMMERCIAL SECTOR ACTIVITIES- The Federal
          Government shall not undertake activities under this section which
          duplicate activities available from the commercial sector, unless
          such activities would result in significant cost savings to the
          Federal Government.';
                (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 demonstration program carried out
                  pursuant to section 303,' and inserting in lieu thereof
                  `that is not
          otherwise available from the commercial sector'; 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 enhancements developed under the
              technology demonstration 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 `COMMUNICATIONS COMMISSION- 
                  ' in subsection (a);
                    (B) by inserting at the end of subsection (a) the
                  following new paragraph:
            `(2) The Federal Communications Commission, within 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
          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 Federal Communications Commission 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 Commission 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 DEFENSE- 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 request 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 Secretary of Defense determines
          are needed to protect the national security 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 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 Secretary of State on all matters under this
          Act affecting international obligations of the United States. The
          Secretary of State shall be responsible for determining those
          conditions, consistent with this Act, necessary to meet
          international obligations of the United States and for notifying 
          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, consistent 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 policies of the United 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 `Secretary may 
                  require' and inserting in lieu thereof `Secretary shall,
                  where appropriate, require'.
          SEC. 202. ACQUISITION OF EARTH REMOTE SENSING DATA.
            (a) ACQUISITION FROM PRIVATE SECTOR-  For purposes of meeting
          Government goals for Mission to Planet Earth, the Administrator
          shall, to the maximum extent possible and while fully satisfying 
          the scientific requirements of the National Aeronautics and Space
          Administration, acquire, where cost effective, space-based and
          airborne Earth remote sensing data, services, distribution, and
          applications from the private sector.
            (b) TREATMENT AS COMMERCIAL ITEM UNDER ACQUISITION 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
          applications 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),
          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 scientific requirements
          of Mission to Planet Earth can be met by the private sector, and 
          how the National Aeronautics and Space Administration will meet 
          such requirements 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 Aeronautics and Space
              Administration to the private sector to enable the private
              sector to better meet the baseline scientific requirements of
              Mission to Planet Earth;
                (B) make recommendations to promote the dissemination to the
              private sector of information on advanced technology research
              and development performed by or for the National Aeronautics 
              and Space Administration; and
                (C) identify policy, regulatory, and legislative barriers to
              the implementation of the recommendations made under this
              subsection.
            (3) For purposes of carrying out this subsection, determination 
          of the baseline scientific requirements of Mission 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 baseline
          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 standards.
             TITLE III--FEDERAL ACQUISITION OF SPACE TRANSPORTATION 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 Government shall plan missions to accommodate the space
          transportation 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 Administrator 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;
                (3) the use of space transportation services from United
              States commercial providers poses an unacceptable risk of loss
              of a unique scientific opportunity;
                (4) the use of space transportation services from United
              States commercial providers is inconsistent 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 payload 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 secondary payload, and such payload
              is consistent with the requirements of research, development,
              demonstration, scientific, commercial, and educational programs
              authorized by the Administrator.
            (c) DELAYED EFFECT- Subsection (a) 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.
            (d) HISTORICAL PURPOSES- This section shall not be construed to
          prohibit the Federal Government from acquiring, owning, or
          maintaining space transportation vehicles solely for historical
          display purposes.
          SEC. 302. ACQUISITION OF SPACE TRANSPORTATION SERVICES.
            (a) TREATMENT OF SPACE TRANSPORTATION SERVICES 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 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), 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 standards.
          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 PAYLOADS 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).
            (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--
                (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 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 report that contains--
                    (i) a certification that the use of such missile--
                        (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, schedule, 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 transmitted at least 120 
          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 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 compliance with international obligations of the United
          States.
          Passed the House of Representatives September 17, 1996.
          Attest:
          Clerk.