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15 USC CHAPTER 84 - COMMERCIAL SPACE COMPETITIVENESS 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 84 - COMMERCIAL SPACE COMPETITIVENESS

.

-HEAD-

CHAPTER 84 - COMMERCIAL SPACE COMPETITIVENESS

-MISC1-

Sec.

5801. Findings.

5802. Definitions.

5803. Launch voucher demonstration program.

(a) Commercial space voucher demonstration program;

effective period.

(b) Award of vouchers.

(c) Assistance.

(d) Report.

5804. Repealed.

5805. Identification of launch support facilities.

(a) Identification.

(b) Report to Congress.

5806. Anchor tenancy and termination liability.

(a) Anchor tenancy contracts.

(b) Termination liability.

(c) Limitations.

5807. Use of Government facilities.

(a) Authority.

(b) Reimbursement payment.

5808. Commercial Space Achievement Award.

(a) Establishment.

(b) Criteria for award.

(c) Limitations.

(d) Funding for award.

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15 USC Sec. 5801 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 84 - COMMERCIAL SPACE COMPETITIVENESS

-HEAD-

Sec. 5801. Findings

-STATUTE-

The Congress finds that -

(1) commercial activities of the private sector have

substantially contributed to the strength of both the United

States space program and the national economy;

(2) a robust United States space transportation capability

remains a vital cornerstone of the United States space program;

(3) the availability of commercial launch services is essential

for the continued growth of the United States commercial space

sector;

(4) a timely extension of the excess third party claims payment

provisions of chapter 701 of title 49 is appropriate and

necessary to enable the private sector to continue covering

maximum probable liability risks while protecting the private

sector from uninsurable levels of liability which could hinder

international competitiveness;

(5) a program to demonstrate how recipients of Federal grants

can purchase launch services directly from the private sector has

the potential to improve the capabilities of the United States

commercial launch industry;

(6) improvements and additions to the Nation's space

transportation infrastructure contribute to a robust and cost

effective space transportation capability for both public sector

and private sector users;

(7) private sector use of available Government facilities on a

reimbursable basis contributes to a stronger commercial space

sector;

(8) the Federal Government should purchase space goods and

services which are commercially available, or could be made

available commercially in response to a Government procurement

request, whenever such goods or services meet Government mission

requirements in a cost effective manner;

(9) it is appropriate for the Government to act as an anchor

tenant for commercial space development projects which have a

reasonable potential to develop non-Federal markets and which

meet Federal needs in a cost effective manner; and

(10) the provision of compensation to commercial providers of

space goods and services for termination of contracts at the

convenience of the Government assists in enabling the private

sector to invest in space activities which are initially

dependent on Government purchases.

-SOURCE-

(Pub. L. 102-588, title V, Sec. 501, Nov. 4, 1992, 106 Stat. 5122.)

-COD-

CODIFICATION

In par. (4), ''chapter 701 of title 49'' substituted for ''the

Commercial Space Launch Act (49 App. U.S.C. 2601 et seq.)'' on

authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat.

1378, the first section of which enacted subtitles II, III, and V

to X of Title 49, Transportation.

-MISC3-

SPACE COOPERATION WITH FORMER SOVIET REPUBLICS

Section 218 of Pub. L. 102-588 provided that:

''(a) Report to Congress. - Within one year after the date of

enactment of this Act (Nov. 4, 1992), the President shall submit to

Congress a report describing -

''(1) the opportunities for increased space related trade with

the independent states of the former Soviet Union;

''(2) a technology procurement plan for identifying and

evaluating all unique space hardware, space technology, and space

services available to the United States from the independent

states of the former Soviet Union, specifically including those

technologies the National Aeronautics and Space Administration

has identified as high priority in its Space Research and

Technology Integrated Technology Plan.(;)

''(3) the trade missions carried out pursuant to subsection

(c), including the private participation and the results of such

missions;

''(4) the offices and accounts of the National Aeronautics and

Space Administration to which expenses for either cooperative

activities or procurement actions, involving the independent

states of the former Soviet Union, are charged;

''(5) any barriers, regulatory or practical, that inhibit

space-related trade between the United States and the independent

states of the former Soviet Union, including such barriers in

either the United States or the independent states; and

''(6) any anticompetitive issues raised by a potential

acquisition.

''(b) Notification to Congress. - If any United States Government

agency denies a request for a license or other approval that may be

necessary to conduct discussions on space-related matters with the

independent states of the former Soviet Union, that agency shall

immediately notify the Speaker of the House of Representatives and

President of the Senate. Each such notification shall include a

statement of the reasons for the denial.

''(c) Role of the Office of Space Commerce. - The Office of Space

Commerce of the Department of Commerce is authorized and encouraged

to conduct trade missions to appropriate independent states of the

former Soviet Union for the purpose of familiarizing United States

aerospace industry representatives with space hardware, space

technologies, and space services that may be available from the

independent states, and with the business practices and overall

business climate in the independent states. The Office of Space

Commerce shall also advise the Administrator (of the National

Aeronautics and Space Administration) as to the impact on United

States industry of each potential acquisition of space hardware,

space technology, or space services from the independent states of

the former Soviet Union, specifically including any anticompetitive

issues the Office may observe.''

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15 USC Sec. 5802 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 84 - COMMERCIAL SPACE COMPETITIVENESS

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Sec. 5802. Definitions

-STATUTE-

For the purpose of this chapter -

(1) the term ''agency'' means an executive agency as defined by

section 105 of title 5;

(2) the term ''anchor tenancy'' means an arrangement in which

the United States Government agrees to procure sufficient

quantities of a commercial space product or service needed to

meet Government mission requirements so that a commercial venture

is made viable;

(3) the term ''commercial'' means having -

(A) private capital at risk, and

(B) primary financial and management responsibility for the

activity reside with the private sector;

(4) the term ''cost effective'' means costing no more than the

available alternatives, determined by a comparison of all related

direct and indirect costs including, in the case of Government

costs, applicable Government labor and overhead costs as well as

contractor charges, and taking into account the ability of each

alternative to accommodate mission requirements as well as the

related factors of risk, reliability, schedule, and technical

performance;

(5) the term ''launch'' means to place, or attempt to place, a

launch vehicle and its payload, if any, in a suborbital

trajectory, in Earth orbit in outer space, or otherwise in outer

space;

(6) the term ''launch services'' means activities involved in

the preparation of a launch vehicle and its payload for launch

and the conduct of a launch;

(7) the term ''launch support facilities'' means facilities

located at launch sites or launch ranges that are required to

support launch activities, including launch vehicle assembly,

launch vehicle operations and control, communications, flight

safety functions, and payload operations, control, and

processing. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

(8) the term ''launch vehicle'' means any vehicle constructed

for the purpose of operating in or placing a payload in, outer

space or in suborbital trajectories, and includes components of

that vehicle;

(9) the term ''payload'' means an object which a person

undertakes to launch, and includes subcomponents of the launch

vehicle specifically designed or adapted for that object;

(10) the term ''payload integration services'' means activities

involved in integrating multiple payloads into a single payload

for launch or integrating a payload with a launch vehicle;

(11) the term ''space recovery support facilities'' means

facilities required to support activities related to the recovery

of payloads returned from space to a space recovery site,

including operations and control, communications, flight safety

functions, and payload processing;

(12) the term ''space transportation infrastructure'' means

facilities, associated equipment, and real property, including

launch sites, launch support facilities, space recovery sites,

and space recovery support facilities, required to perform launch

or space recovery activities;

(13) the term ''State'' means the several States, the District

of Columbia, Puerto Rico, American Samoa, the United States

Virgin Islands, Guam, the Northern Mariana Islands, and any other

commonwealth, territory, or possession of the United States; and

(14) the term ''United States'' means the States, collectively.

-SOURCE-

(Pub. L. 102-588, title V, Sec. 502, Nov. 4, 1992, 106 Stat. 5123.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title V of Pub. L. 102-588, Nov. 4, 1992, 106

Stat. 5122, which enacted this chapter and amended section 2454 of

Title 42, The Public Health and Welfare, and section 2615 of former

Title 49, Transportation. For complete classification of title V to

the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 70301.

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15 USC Sec. 5803 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 84 - COMMERCIAL SPACE COMPETITIVENESS

-HEAD-

Sec. 5803. Launch voucher demonstration program

-STATUTE-

(a) Commercial space voucher demonstration program; effective

period

The Administrator shall establish a demonstration program to

award vouchers for the payment of commercial launch services and

payload integration services for the purpose of launching payloads

funded by the National Aeronautics and Space Administration to

become effective October 1, 1993.

(b) Award of vouchers

The Administrator shall award vouchers under subsection (a) of

this section to appropriate individuals as a part of grants

administered by the National Aeronautics and Space Administration

for the launch of -

(1) payloads to be placed in suborbital trajectories; and

(2) small payloads to be placed in orbit.

(c) Assistance

The Administrator may provide voucher award recipients with such

assistance, including contract formulation and technical support

during the proposal evaluation, as may be necessary, to ensure the

purchase of cost effective and reasonably reliable commercial

launch services and payload integration services.

(d) Report

The Administrator shall conduct an ongoing review of the program

established under this section, and shall, not later than January

31, 1995, report to Congress the results of such a review, together

with recommendations for further action relating to the program.

-SOURCE-

(Pub. L. 102-588, title V, Sec. 504, Nov. 4, 1992, 106 Stat. 5124;

Pub. L. 105-303, title I, Sec. 103, Oct. 28, 1998, 112 Stat. 2851.)

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AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-303, Sec. 103(1), struck out

''the Office of Commercial Programs within'' after ''payloads

funded by'' and struck out at end ''Such program shall not be

effective after September 30, 1995.''

Subsecs. (c) to (e). Pub. L. 105-303, Sec. 103(2), (3),

redesignated subsecs. (d) and (e) as (c) and (d), respectively, and

struck out heading and text of former subsec. (c). Text read as

follows: ''In carrying out the demonstration program established

under subsection (a) of this section, the Administrator, in

awarding vouchers, is limited to the launch of payloads funded by

the Office of Commercial Programs within the National Aeronautics

and Space Administration.''

-CROSS-

''ADMINISTRATOR'' DEFINED

Administrator means Administrator of the National Aeronautics and

Space Administration, see section 102(f) of Pub. L. 102-588, 106

Stat. 5110.

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15 USC Sec. 5804 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 84 - COMMERCIAL SPACE COMPETITIVENESS

-HEAD-

Sec. 5804. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108

Stat. 1379

-MISC1-

Section, Pub. L. 102-588, title V, Sec. 505, Nov. 4, 1992, 106

Stat. 5124, related to space transportation infrastructure matching

grants. See sections 70301 to 70305 of Title 49, Transportation.

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15 USC Sec. 5805 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 84 - COMMERCIAL SPACE COMPETITIVENESS

-HEAD-

Sec. 5805. Identification of launch support facilities

-STATUTE-

(a) Identification

The Administrator and the Secretary of Defense, as appropriate,

in coordination with the Secretary of Transportation, shall conduct

an inventory and identify all launch support facilities owned by

the United States Government. To the extent practicable, the

Administrator and the Secretary of Defense shall also identify any

launch support facilities which could be made available for use by

non-Federal entities on a reimbursable basis without interfering

with Federal activities.

(b) Report to Congress

Not later than 1 year after November 4, 1992, the Administrator

and the Secretary of Defense each shall submit to Congress a report

containing the results of the identification required under

subsection (a) of this section. Portions of such report may be

classified and protected from public disclosure if such

classification is necessary to protect national security.

-SOURCE-

(Pub. L. 102-588, title V, Sec. 506, Nov. 4, 1992, 106 Stat. 5127.)

-CROSS-

''ADMINISTRATOR'' DEFINED

Administrator means Administrator of the National Aeronautics and

Space Administration, see section 102(f) of Pub. L. 102-588, 106

Stat. 5110.

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15 USC Sec. 5806 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 84 - COMMERCIAL SPACE COMPETITIVENESS

-HEAD-

Sec. 5806. Anchor tenancy and termination liability

-STATUTE-

(a) Anchor tenancy contracts

Subject to appropriations, the Administrator (FOOTNOTE 1) or the

Administrator of the National Oceanic and Atmospheric

Administration may enter into multiyear anchor tenancy contracts

for the purchase of a good or service if the appropriate

Administrator determines that -

(FOOTNOTE 1) See ''Administrator'' Defined note below.

(1) the good or service meets the mission requirements of the

National Aeronautics and Space Administration or the National

Oceanic and Atmospheric Administration, as appropriate;

(2) the commercially procured good or service is cost

effective;

(3) the good or service is procured through a competitive

process;

(4) existing or potential customers for the good or service

other than the United States Government have been specifically

identified;

(5) the long-term viability of the venture is not dependent

upon a continued Government market or other nonreimbursable

Government support; and

(6) private capital is at risk in the venture.

(b) Termination liability

(1) Contracts entered into under subsection (a) of this section

may provide for the payment of termination liability in the event

that the Government terminates such contracts for its convenience.

(2) Contracts that provide for the payment of termination

liability, as described in paragraph (1), shall include a fixed

schedule of such termination liability payments. Liability under

such contracts shall not exceed the total payments which the

Government would have made after the date of termination to

purchase the good or service if the contract were not terminated.

(3) Subject to appropriations, funds available for such

termination liability payments may be used for purchase of the good

or service upon successful delivery of the good or service pursuant

to the contract. In such case, sufficient funds shall remain

available to cover any remaining termination liability.

(c) Limitations

(1) Contracts entered into under this section shall not exceed 10

years in duration.

(2) Such contracts shall provide for delivery of the good or

service on a firm, fixed price basis.

(3) To the extent practicable, reasonable performance

specifications shall be used to define technical requirements in

such contracts.

(4) In any such contract, the appropriate Administrator shall

reserve the right to completely or partially terminate the contract

without payment of such termination liability because of the

contractor's actual or anticipated failure to perform its

contractual obligations.

-SOURCE-

(Pub. L. 102-588, title V, Sec. 507, Nov. 4, 1992, 106 Stat. 5127.)

-CROSS-

''ADMINISTRATOR'' DEFINED

Administrator means Administrator of the National Aeronautics and

Space Administration, see section 102(f) of Pub. L. 102-588, 106

Stat. 5110.

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15 USC Sec. 5807 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 84 - COMMERCIAL SPACE COMPETITIVENESS

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Sec. 5807. Use of Government facilities

-STATUTE-

(a) Authority

Federal agencies, including the National Aeronautics and Space

Administration and the Department of Defense, may allow non-Federal

entities to use their space-related facilities on a reimbursable

basis if the Administrator, the Secretary of Defense, or the

appropriate agency head determines that -

(1) the facilities will be used to support commercial space

activities;

(2) such use can be supported by existing or planned Federal

resources;

(3) such use is compatible with Federal activities;

(4) equivalent commercial services are not available on

reasonable terms; and

(5) such use is consistent with public safety, national

security, and international treaty obligations.

In carrying out paragraph (5), each agency head shall consult with

appropriate Federal officials.

(b) Reimbursement payment

(1) The reimbursement referred to in subsection (a) of this

section may be an amount equal to the direct costs (including

salaries of United States civilian and contractor personnel)

incurred by the United States as a result of the use of such

facilities by the private sector. For the purposes of this

paragraph, the term ''direct costs'' means the actual costs that

can be unambiguously associated with such use, and would not be

borne by the United States Government in the absence of such use.

(2) The amount of any payment received by the United States for

use of facilities under this subsection shall be credited to the

appropriation from which the cost of providing such facilities was

paid.

-SOURCE-

(Pub. L. 102-588, title V, Sec. 508, Nov. 4, 1992, 106 Stat. 5128.)

-CROSS-

''ADMINISTRATOR'' DEFINED

Administrator means Administrator of the National Aeronautics and

Space Administration, see section 102(f) of Pub. L. 102-588, 106

Stat. 5110.

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15 USC Sec. 5808 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 84 - COMMERCIAL SPACE COMPETITIVENESS

-HEAD-

Sec. 5808. Commercial Space Achievement Award

-STATUTE-

(a) Establishment

There is established a Commercial Space Achievement Award. The

award shall consist of a medal, which shall be of such design and

materials and bear such inscriptions as determined by the Secretary

of Commerce. A cash prize may also be awarded if funding for the

prize is available under subsection (d) of this section.

(b) Criteria for award

The Secretary of Commerce shall periodically make, and the

Chairman of the National Space Council shall present, awards under

this section to individuals, corporations, corporate divisions, or

corporate subsidiaries substantially engaged in commercial space

activities who in the opinion of the Secretary of Commerce best

meet the following criteria:

(1) For corporate entities, at least one-half of the revenues

from the space-related activities of the corporation, division,

or subsidiary is derived from sources other than the United

States Government.

(2) The activities and achievements of the individual,

corporation, division, or subsidiary have substantially

contributed to the United States gross national product and the

stature of United States industry in international markets, with

due consideration for both the economic magnitude and the

technical quality of the activities and achievements.

(3) The individual, corporation, division, or subsidiary has

substantially advanced space technology and space applications

directly related to commercial space activities.

(c) Limitations

No individual or corporate entity may receive an award under this

section more than once every 5 years.

(d) Funding for award

The Secretary of Commerce may seek and accept gifts of money from

public and private sources for the purpose of making cash prize

awards under this section. Such money may be used only for that

purpose, only such money may be used for that purpose, and the

Secretary of Commerce shall make publicly available an itemized

list of the sources of such funding.

-SOURCE-

(Pub. L. 102-588, title V, Sec. 510, Nov. 4, 1992, 106 Stat. 5129.)

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