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.