[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1473 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1473

  To encourage the development of a commercial space industry in the 
                 United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1997

 Mr. Graham (for himself and Mr. Mack) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To encourage the development of a commercial space industry in the 
                 United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Commercial Space 
Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

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. Launch voucher demonstration program.
Sec. 104. Promotion of United States Global Positioning System 
                            standards.
Sec. 105. Acquisition of space science data.
Sec. 106. Acquisition of earth science data.
     TITLE II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

Sec. 201. Requirement to procure commercial space transportation 
                            services.
Sec. 202. Acquisition of space transportation services.
Sec. 203. Launch Services Purchase Act of 1990 amendments.
Sec. 204. Use of excess intercontinental ballistic missiles.
Sec. 205. National launch capability.
Sec. 206. Administration of Commercial Space Centers.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Aeronautics and Space 
        Administration;
            (2) Commercial provider.--The term ``commercial provider'' 
        means any person providing space transportation services or 
        other space-related activities, the primary control of which is 
        held by a person other than the Federal Government, a State or 
        local government, or a foreign government.
            (3) Payload.--
                    (A) In general.--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.
                    (B) Exception.--The term does not include a space 
                transportation vehicle (other than any component of a 
                space transportation vehicle that is specifically 
                designed or adapted for a payload).
            (4) Space-related activities.--The term ``space-related 
        activities'' includes research and development, manufacturing, 
        processing, service, and other associated and support 
        activities.
            (5) Space transportation services.--The term ``space 
        transportation services'' means the preparation of a space 
        transportation vehicle and its--
                    (A) payloads for transportation to, from, or within 
                outer space, or in suborbital trajectory; and
                    (B) the conduct of transporting a payload to, from, 
                or within outer space, or in suborbital trajectory.
            (6) Space transportation vehicle.--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) State.--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.
            (8) United states commercial provider.--The term ``United 
        States commercial provider'' means a commercial provider, 
        organized under the laws of the United States or of a State, 
        that is--
                    (A) more than 50 percent owned by United States 
                nationals; or
                    (B) a subsidiary of a foreign company with respect 
                to which the Secretary of Transportation finds that--
                            (i) that subsidiary has 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) each country in which that foreign 
                        company is incorporated or organized, and, if 
                        appropriate, in which the foreign company 
                        principally conducts its business, affords 
                        reciprocal treatment to companies described in 
                        subparagraph (A) comparable to that afforded to 
                        a subsidiary of that foreign company 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 activities similar to the 
                                research and development activity 
                                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.--Congress declares that--
            (1) a priority goal of constructing the International Space 
        Station is the economic development of Earth orbital space;
            (2) free and competitive markets create the most efficient 
        conditions for promoting economic development, and should 
        therefore govern the economic development of Earth orbital 
        space; and
            (3) the use of free market principles in operating, 
        servicing, allocating the use of, and adding capabilities to 
        the Space Station, and the resulting fullest possible 
        engagement of commercial providers and participation of 
        commercial users, will reduce the operational costs of the 
        International Space Station for all partners and the share of 
        the Federal Government with respect to the United States burden 
        to fund operations.
    (b) Reports.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Administrator shall prepare and 
        submit to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate, a report or study conducted under 
        this subsection.
            (2) Contents of study.--The study conducted under this 
        subsection shall identify and examine--
                    (A) the opportunities for commercial providers to 
                play a role in International Space Station activities, 
                including operation, use, servicing, and augmentation;
                    (B) the potential cost savings to be derived from 
                commercial providers playing a role in each of the 
                activities referred to in subparagraph (A);
                    (C) which of the opportunities described in 
                subparagraph (A) the Administrator plans to make 
                available to commercial providers in fiscal years 1998 
                and 1999;
                    (D) the specific policies and initiatives that the 
                Administrator is advancing to encourage and facilitate 
                the commercial opportunities referred to in 
                subparagraph (A); and
                    (E) the revenues and cost reimbursements to the 
                Federal Government from commercial users of the 
                International Space Station.
            (3) Independently conducted market study.--Not later than 
        180 days after the date of enactment of this Act, the 
        Administrator shall--
                    (A) provide for an independently conducted market 
                study that--
                            (i) examines and evaluates potential 
                        industry interest in--
                                    (I) providing commercial goods and 
                                services for the operation, servicing, 
                                and augmentation of the International 
                                Space Station; and
                                    (II) the commercial use of the 
                                International Space Station; and
                            (ii) includes updates to the cost savings 
                        and revenue estimates made in the study 
                        described in paragraph (1), based on the 
                        external market assessment; and
                    (B) submit a report on the findings of the study to 
                the Committee on Science of the House of 
                Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate.
            (4) Report on solicitations.--
                    (A) In general.--Not later than the date on which 
                the President submits an annual budget request for 
                fiscal year 1999 pursuant to section 1105(a) of title 
                31, United States Code, the Administrator shall prepare 
                and submit to Congress a report that provides the 
                number of proposals (including solicited and 
                unsolicited proposals) that were received by the 
                Administrator during calendar year 1997 regarding--
                            (i) commercial operation;
                            (ii) servicing;
                            (iii) utilization; or
                            (iv) augmentation of the International 
                        Space Station.
                    (B) Contents of report.--The report under 
                subparagraph (A) shall specify, for each of the 
                categories described in clauses (i) through (iv) of 
                that subparagraph--
                            (i) the number of proposals received by the 
                        Administrator during the period specified in 
                        subparagraph (A); and
                            (ii) the number of agreements that the 
                        Administrator entered into in response to the 
                        proposals.

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) in subsection (a)--
                            (i) in paragraph (3), by inserting 
                        ``microgravity research,'' after ``information 
                        services,'';
                            (ii) in paragraph (4), by inserting ``, 
                        reentry,'' after ``launching'' both places it 
                        appears;
                            (iii) in paragraph (5), by inserting ``, 
                        reentry vehicles,'' after ``launch vehicles'';
                            (iv) in paragraph (6), by inserting ``and 
                        reentry services'' after ``launch services'';
                            (v) in paragraph (7), by inserting ``, 
                        reentries,'' after ``launches'' both places it 
                        appears;
                            (vi) in paragraph (8)--
                                    (I) by inserting ``, reentry 
                                sites,'' after ``launch sites''; and
                                    (II) by inserting ``and reentry 
                                services'' after ``launch services''; 
                                and
                            (vii) in paragraph (9)--
                                    (I) by inserting ``reentry sites,'' 
                                after ``launch sites,''; and
                                    (II) by inserting ``and reentry 
                                site'' after ``launch site''; and
                    (B) in subsection (b)--
                            (i) in paragraph (2)--
                                    (I) in the matter preceding 
                                subparagraph (A), by inserting ``, 
                                reentry vehicles,'' after ``launch 
                                vehicles''; and
                                    (II) in subparagraph (A), by 
                                striking ``launch'';
                            (ii) in paragraph (3)--
                                    (I) by inserting ``and reentry'' 
                                after ``commercial launch''; and
                                    (II) by striking ``launch'' after 
                                ``and transfer commercial''; and
                            (iii) in paragraph (4), by inserting ``and 
                        development of reentry sites,'' after ``launch-
                        site support facilities,'';
            (3) in section 70102--
                    (A) in paragraph (3), by striking ``and any 
                payload'' and inserting ``or reentry vehicle and any 
                payload from Earth'';
                    (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) in paragraph (8), by inserting ``or reentry 
                vehicle'' after ``means of a launch vehicle'';
                    (D) by redesignating paragraphs (10) through (12) 
                as paragraphs (14) through (16), respectively;
                    (E) by inserting after paragraph (9) the following:
            ``(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 substantially 
        intact;''; and
                    (F) in paragraph (15), as redesignated by 
                subparagraph (C) of this paragraph, by inserting ``or 
                reentry services'' after ``launch services'' each place 
                it appears;
            (4) in section 70103(b)--
                    (A) in the subsection heading, by inserting ``and 
                Reentries'' after ``Launches'';
                    (B) in paragraph (1), by inserting ``and 
                reentries'' after ``space launches''; and
                    (C) in paragraph (2), by inserting ``and reentry'' 
                after ``space launch'';
            (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) in subsection (a)--
                            (i) by inserting ``or reentry site, or to 
                        reenter a reentry vehicle,'' after ``operate a 
                        launch site'' each place it appears; and
                            (ii) in paragraphs (3) and (4), by 
                        inserting ``or reentry'' after ``launch or 
                        operation'' each place it appears;
                    (C) in subsection (b)--
                            (i) by striking ``launch license'' and 
                        inserting ``license'';
                            (ii) by inserting ``or reenter'' after 
                        ``may launch''; and
                            (iii) by inserting ``or reentering'' after 
                        ``related to launching''; and
                    (D) 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) in subsection (a)--
                            (i) by inserting ``(1)'' before ``A person 
                        may apply'';
                            (ii) by striking ``receiving an 
                        application'' both places it appears and 
                        inserting ``accepting an application in 
                        accordance with criteria established pursuant 
                        to subsection (b)(2)(D)''; and
                            (iii) by adding at the end the following: 
                        ``The Secretary shall transmit 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 by the date specified 
                        in this subsection.
    ``(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.''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by inserting ``or a 
                        reentry site, or the reentry of a reentry 
                        vehicle,'' after ``operation of a launch 
                        site'';
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A)--
                                            (aa) by striking ``or 
                                        operation'' and inserting ``, 
                                        operation, or reentry''; and
                                            (bb) by striking ``and'' at 
                                        the end;
                                    (II) in subparagraph (B), by 
                                striking the period at the end; and
                                    (III) by adding at the end the 
                                following:
            ``(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
                            (iii) in paragraph (3), by inserting ``, 
                        including the requirement to obtain a 
                        license,'' after ``waive a requirement'';
            (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)--
                    (A) in paragraph (2), by inserting ``or reentry'' 
                after ``prevent the launch''; and
                    (B) in paragraph (3)(B), by inserting ``or reentry 
                site, or reentry of a reentry vehicle,'' after 
                ``operation of a launch site'';
            (11) in section 70111--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A), by 
                                inserting ``or reentry'' after 
                                ``launch''; and
                                    (II) in subparagraph (B), by 
                                inserting ``and reentry services'' 
                                after ``launch services''; and
                                    (III) by inserting after 
                                subparagraph (B) the following flush 
                                sentence:
``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.''; and
                            (ii) in paragraph (2), by inserting ``or 
                        reentry services'' after ``or launch 
                        services'';
                    (B) in subsection (b)--
                            (i) in paragraph (1), by inserting ``or 
                        reentry'' after ``commercial launch'' both 
                        places it appears;
                            (ii) in paragraph (2)(C), by inserting ``or 
                        reentry services'' after ``launch services''; 
                        and
                            (iii) by adding at the end the following:
    ``(3) The Secretary shall ensure the establishment of uniform 
guidelines for, and consistent implementation of, this section by all 
Federal agencies.''; and
                    (C) in subsection (d)--
                            (i) by striking ``or its payload for 
                        launch'' and inserting ``or reentry vehicle, or 
                        the payload of either, for launch or reentry''; 
                        and
                            (ii) by inserting ``, reentry vehicle,'' 
                        after ``manufacturer of the launch vehicle'';
            (12) in section 70112--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by inserting 
                        ``launch, reentry, or site operator'' after 
                        ``(1) When a'';
                            (ii) in paragraph (3), by inserting ``or 
                        reentry'' after ``one launch''; and
                            (iii) in paragraph (4), by inserting ``or 
                        reentry services'' after ``launch services'';
                    (B) in subsection (b)--
                            (i) in paragraph (1), by inserting 
                        ``launch, reentry, or site operator'' after 
                        ``A'';
                            (ii) by inserting ``or reentry services'' 
                        after ``launch services'' each place it 
                        appears; and
                            (iii) in paragraphs (1) and (2), by 
                        inserting ``applicable'' after ``carried out 
                        under the'';
                    (C) in subsection (d)(1), by striking ``Space, and 
                Technology'';
                    (D) in subsection (e)--
                            (i) in the heading, by inserting ``or 
                        Reentries'' after ``Launches''; and
                            (ii) by inserting ``or reentry site or a 
                        reentry'' after ``launch site''; and
                    (E) 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) in subsection (a), by inserting ``or reentry 
                site, or to reenter a reentry vehicle'' after ``operate 
                a launch site'';
                    (B) in subsection (d), by inserting ``or reentry'' 
                after ``approval of a space launch'';
                    (C) by amending subsection (f) to read as follows:
    ``(f) Launch Not an Export; Reentry Not an Import.--For purposes of 
a law controlling exports or imports, a launch vehicle, reentry 
vehicle, or payload that is launched or reentered is not, because of 
the launch or reentry, an export or import.''; and
                    (D) in subsection (g)--
                            (i) in paragraph (1), by striking 
                        ``operation of a launch vehicle or launch 
                        site,'' and inserting ``reentry, operation of a 
                        launch vehicle or reentry vehicle, or operation 
                        of a launch site or reentry site,''; and
                            (ii) in paragraph (2), by inserting 
                        ``reentry,'' after ``launch,''; and
            (16) by adding at the end the following:
``Sec. 70120. Regulations
    ``Not later than 180 days after the date of enactment of the 
Commercial Space Act of 1997, the Secretary of Transportation shall 
issue regulations to carry out this chapter. The regulations issued 
under this section shall 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 and reentry vehicle;
            ``(3) procedures for requesting and obtaining operator 
        licenses for launch and reentry;
            ``(4) procedures for the application of government 
        indemnification; 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 budget request submitted by the 
President under section 1105(a) of title 31, United States Code, that, 
for the period covered by the report--
            ``(1) describes all activities undertaken under this 
        chapter, including--
                    ``(A) a description of the process for the 
                application for and approval of licenses under this 
                chapter; and
                    ``(B) 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)(A)(ii) 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)(B)(ii)(III).

SEC. 103. 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. 104. 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.--In order to support and sustain the 
Global Positioning System in a manner that will most effectively 
contribute to the national security, public safety, scientific, and 
economic interests of the United States, Congress encourages the 
President to--
            (1) ensure the operation of the Global Positioning System 
        on a continuous worldwide basis, free of direct user fees; and
            (2) enter into international agreements that promote 
        cooperation with foreign governments and international 
        organizations to--
                    (A) establish the Global Positioning System and its 
                augmentations as an acceptable international standard; 
                and
                    (B) eliminate any foreign barriers to applications 
                of the Global Positioning System worldwide.

SEC. 105. ACQUISITION OF SPACE SCIENCE DATA.

    (a) Space Science Data Defined.--For purposes of this section, the 
term ``space science data'' includes scientific data concerning the 
elemental and mineralogical resources of the moon, asteroids, planets 
and their moons, and comets, Earth environmental data obtained through 
remote sensing observations, and solar storm monitoring.
    (b) Acquisition From Commercial Providers.--The Administrator 
shall, to the maximum extent practicable and while satisfying the 
scientific and educational requirements of the National Aeronautics and 
Space Administration, other agencies, and scientific researchers, 
acquire, if cost-effective, space science data from a commercial 
provider.
    (c) 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 (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. Nothing in this subsection 
shall be construed to preclude the United States Government from 
acquiring sufficient rights in data to meet the needs of the scientific 
and educational community or the needs of other government activities.
    (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.

SEC. 106. ACQUISITION OF EARTH SCIENCE DATA.

    (a) Acquisition.--For purposes of meeting goals of the Federal 
Government for the mission known as the Mission to Planet Earth, the 
Administrator shall, to the maximum extent practicable and while 
satisfying the scientific requirements of the National Aeronautics and 
Space Administration, acquire, if cost-effective, space-based and 
airborne Earth remote sensing data, services, distribution, and 
applications from a commercial provider.
    (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 (including chapters 137 
and 140 of title 10, United States Code), except that such data, 
services, distribution, and applications shall be considered to be 
commercial items for purposes of such laws (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) In general.--The Administrator shall conduct a study to 
        determine--
                    (A) the extent to which the baseline scientific 
                requirements of Mission to Planet Earth could be met by 
                commercial providers; and
                    (B) how the National Aeronautics and Space 
                Administration will be able to meet baseline scientific 
                requirements described in subparagraph (A) that cannot 
                be met by commercial providers.
            (2) Contents of study.--In conducting the study under this 
        subsection, the Administrator shall--
                    (A) make recommendations to promote the 
                availability of information from the National 
                Aeronautics and Space Administration to commercial 
                providers to enable commercial providers to better meet 
                the baseline scientific requirements of Mission to 
                Planet Earth;
                    (B) make recommendations to promote the 
                dissemination to commercial providers 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) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall prepare, and 
        submit to Congress a report that contains the results of the 
        study conducted under this subsection, including the findings 
        of the Administrator.
    (d) Safety Standards.--Nothing in this section shall be construed 
to prohibit the Federal Government from requiring compliance with 
applicable safety standards.
    (e) Administration and Execution.--This section shall be carried 
out as part of the Commercial Remote Sensing Program at the Stennis 
Space Center of the National Aeronautics and Space Administration.

     TITLE II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

SEC. 201. REQUIREMENT TO PROCURE COMMERCIAL SPACE TRANSPORTATION 
              SERVICES.

    (a) In General.--Except as otherwise provided in this section, the 
Federal Government shall acquire space transportation services from 
United States commercial providers in any case in which those services 
are required in the course of the activities of the Federal Government. 
To the maximum extent practicable, the heads of departments, agencies, 
and instrumentalities of 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) 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
            (6) with respect to a payload--
                    (A) it is practicable to make use of the available 
                cargo space on an International Space Shuttle mission, 
                to make that payload a secondary payload; and
                    (B) that 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 enactment of this 
Act, or with respect to which a contract for that acquisition or 
ownership has been entered into before that date of enactment.
    (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. 202. 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 (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 
(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. 203. 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) by redesignating section 203 as section 202;
            (3) in section 202, as redesignated by paragraph (2) of 
        this section--
                    (A) by striking paragraphs (1) and (2); and
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (1) and (2), respectively;
            (4) by striking sections 204 and 205;
            (5) by redesignating section 206 as section 203; and
            (6) in section 203, as redesignated by paragraph (5) of 
        this section--
                    (A) by striking ``(a) Commercial Payloads on the 
                Space Shuttle.--''; and
                    (B) by striking subsection (b).

SEC. 204. USE OF EXCESS INTERCONTINENTAL BALLISTIC MISSILES.

    (a) In General.--Except as provided in subsection (b), 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.
    (b) Authorized Federal Uses.--
            (1) In general.--A missile described in subsection (c) may 
        be converted for use as a space transportation vehicle by the 
        Federal Government if, except as provided in paragraph (2), at 
        least 30 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 either--
                    (A) a certification that the use of that missile--
                            (i) would result in cost savings to the 
                        Federal Government when compared to the cost of 
                        acquiring space transportation services from 
                        United States commercial providers;
                            (ii) meets all mission requirements of the 
                        agency, including performance, schedule, and 
                        risk requirements;
                            (iii) is consistent with international 
                        obligations of the United States; and
                            (iv) is approved by the Secretary of 
                        Defense or a designee of the Secretary of 
                        Defense; or
                    (B) a certification that the payload of such 
                missile--
                            (i) is solely for scientific or educational 
                        purposes;
                            (ii) has been validated for scientific or 
                        educational merit by the National Aeronautics 
                        and Space Administration or the Department of 
                        Defense;
                            (iii) costs less than $20,000,000; and
                            (iv) is approved by either the 
                        Administrator of the National Aeronautics and 
                        Space Administration or the Secretary of 
                        Defense or a designee of either Secretary.
            (2) Exception for meeting national security requirements.--
        The requirement under paragraph (1) that a report described in 
        that paragraph be transmitted at least 30 days before 
        conversion of a missile shall not apply if the Secretary of 
        Defense determines that compliance with that requirement would 
        be inconsistent with meeting immediate national security 
        requirements.
            (3) Maximum number of converted missiles.--The number of 
        missiles converted under paragraph (1)(B) shall be limited to a 
        maximum of 7 each calendar year.
    (c) Missile.--The missiles described in this subsection are 
missiles owned by the United States that--
            (1) were formerly used by the Department of Defense for 
        national defense purposes as intercontinental ballistic 
        missiles; and
            (2) have been retired from service in compliance with 
        international obligations of the United States.

SEC. 205. NATIONAL LAUNCH CAPABILITY.

    (a) Findings.--Congress finds that--
            (1) a robust satellite and launch industry in the United 
        States serves the interest of the United States by--
                    (A) contributing to the economy of the United 
                States;
                    (B) strengthening employment, technological, and 
                scientific interests of the United States; and
                    (C) serving the foreign policy and national 
                security interests of the United States;
            (2) to secure the national interests of the United States, 
        it is necessary for the Federal Government to--
                    (A) nurture a satellite and launch industry that 
                leads that industry in the world; and
                    (B) provide for cost-competitive launch property 
                and launch services for that industry; and
            (3) it is the responsibility of the Federal Government to 
        create domestic and international conditions that are favorable 
        to the health and growth of the United States satellite and 
        launch industry.
    (b) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Defense.
            (2) Total potential national mission model.--The term 
        ``total potential national mission model'' means a model that--
                    (A) is determined by the Secretary, in consultation 
                with the Administrator, to assess the total potential 
                space missions to be conducted by the United States 
                during a specified period of time; and
                    (B) includes all United States launches (including 
                launches conducted on or off a Federal range).
    (c) Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall, in consultation 
        with the Administrator and appropriate representatives of the 
        satellite and launch industry and the governments of States and 
        political subdivisions thereof--
                    (A) prepare a report that meets the requirements of 
                this subsection; and
                    (B) submit that report to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Science of the House of 
                Representatives.
            (2) Requirements for report.--The report prepared under 
        this section shall--
                    (A) identify the total potential national mission 
                model for the period beginning on the date of the 
                report and ending on December 31, 2007;
                    (B) identify the resources that are necessary to 
                carry out the total potential national mission model 
                described in subparagraph (A), including providing 
                for--
                            (i) launch property and services of the 
                        Department of Defense; and
                            (ii) the ability to support a launch within 
                        6 hours after the appropriate official of the 
                        Federal Government receives notification by 
                        telephone at Government facilities located at--
                                    (I) Cape Canaveral in Florida; or
                                    (II) Vandenberg Air Force Base in 
                                California;
                    (C) identify each deficiency in the resources 
                referred to in subparagraph (B);
                    (D) with respect to the deficiencies identified 
                under subparagraph (C), including estimates of the 
                level of funding necessary to address those 
                deficiencies for the period described in subparagraph 
                (A);
                    (E) identify opportunities for investment by non-
                Federal entities (including States and political 
                subdivisions thereof and private sector entities) to 
                assist the Federal Government in providing launch 
                capabilities for the commercial space industry in the 
                United States;
                    (F) identify 1 or more methods by which, if 
                sufficient resources referred to in subparagraph (D) 
                are not available to the Department of Defense, the 
                control of the launch property and launch services of 
                the Department of Defense may be transferred from the 
                Department of Defense to--
                            (i) 1 or more other Federal agencies;
                            (ii) 1 or more States (or political 
                        subdivisions thereof);
                            (iii) 1 or more private sector entities; or
                            (iv) any combination of the entities 
                        described in clauses (i) through (iii); and
                    (G) identify the technical, structural, and legal 
                impediments associated with making launch sites in the 
                United States cost-competitive on an international 
                level.

SEC. 206. ADMINISTRATION OF COMMERCIAL SPACE CENTERS.

    The Administrator shall coordinate and administer the Commercial 
Space Center program from the headquarters of the National Aeronautics 
and Space Administration in Washington, D.C.
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