Space Transportation Services Purchase Act of 1989 - Requires the Federal Government to purchase space transportation services from commercial providers, unless on a case-by-case basis: (1) the Secretary of Defense certifies to the National Space Council that national security reasons require otherwise; (2) the Administrator of the National Aeronautics and Space Administration certifies to the Council that the unique capabilities of the space shuttle are required; or (3) the Secretary of Transportation finds that the services required are unavailable at a reasonable cost from commercial providers.
Requires the Federal Government to acquire only space transportation vehicles manufactured in the United States of primarily U.S.-made components, and only as required under this Act or by NASA for conducting research and development on space transportation technology.
Requires contracts to provide space transportation services to be awarded through the competitive bidding process among U.S. persons.
Requires other activities of the Government relating to: (1) commercial payloads on the space shuttle; (2) grants for space transportation services; (3) expenditures for international activities or organizations using space transportation services; and (4) studies on future space transportation services.
HR 2674 IH 101st CONGRESS 1st Session H. R. 2674 To encourage the development and full capability of a competitive United States space transportation industry by requiring the Federal Government to contract for commercially provided space transportation services with certain exceptions. IN THE HOUSE OF REPRESENTATIVES June 15, 1989 Mr. PACKARD (for himself, Mr. KOLBE, Mr. ROHRABACHER, Mr. BROWN of California, Mr. HALL of Texas, Mr. LEWIS of Florida, Mr. RITTER, and Mr. CRAIG) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To encourage the development and full capability of a competitive United States space transportation industry by requiring the Federal Government to contract for commercially provided space transportation services with certain exceptions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Space Transportation Services Purchase Act of 1989'. SEC. 2. FINDINGS. The Congress finds that-- (1) the United States commercial space transportation industry is technically capable of providing reliable and cost efficient access to space and is an essential component of national efforts to assure access to space for government and commercial users; (2) the Federal Government should encourage, facilitate, and promote the United States commercial space transportation industry, including the development of commercial launch facilities, in order to ensure United States economic preeminence in space, and should do so with minimum Federal subsidy; (3) the United States commercial space transportation industry must be competitive in the international marketplace; (4) commercial vehicles, not government vehicles, will be the most effective means to challenge foreign competition; (5) the requirements of government specifications relating to vehicle design, construction, and operation impose an unwarranted burden on the engineering and operational freedom necessary to achieve substantial cost savings in the provision of space transportation services; (6) the procurement of space transportation services by the Federal Government rather than the procurement of space transportation vehicles would permit a reduced level of Federal Government regulation and oversight, which would result in significant cost savings to the Federal Government; (7) the procurement of space transportation services by the Federal Government in a commercially reasonable manner would result in significant cost savings to the commercial space transportation industry and to the Federal Government; (8) it is the general policy of the Federal Government to purchase needed services from the private sector to the fullest extent feasible, and this policy should include space transportation services as well; (9) application of similar policy by foreign governments has greatly assisted their respective space transportation industries; (10) predictable access to Federal Government space transportation markets would encourage continuing United States private sector investment in space and related activities; and (11) the National Aeronautics and Space Administration should concentrate its resources on the development of new solutions to the problems of space flight and on the continued manned and unmanned exploration of space rather than on the operation of mature space transportation technologies. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term `commercial provider' means any person providing space transportation services, but does not include the Federal Government; (2) the term `payload' means anything which a person undertakes to transport to, from, or within outer space by means of a space transportation vehicle, and includes components of the space transportation vehicle specifically designed or adapted for that payload; (3) the term `Secretary' means the Secretary of Transportation; (4) the term `space transportation services' means activities involved in the preparation of a space transportation vehicle and its payload for space transport and the conduct of transporting a payload to, from, or within outer space; (5) 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, and includes any component of such vehicle not specifically designed or adapted for a payload; and (6) the term `United States person' means-- (A) any individual who is a citizen of the United States; or (B) any corporation, partnership, joint venture, association, or other entity, if the controlling interest (as defined by the Secretary in regulations) in such entity is held by individuals who are citizens of the United States. SEC. 4. REQUIREMENT TO PROCURE COMMERCIAL SPACE TRANSPORTATION SERVICES. (a) IN GENERAL- Except as otherwise provided in this section, the Federal Government shall purchase space transportation services from commercial providers whenever such services are required in the course of its activities. (b) EXCEPTIONS- The Federal Government shall not be required to purchase space transportation services as provided in subsection (a) if, on a case by case basis-- (1) the Secretary of Defense certifies to the National Space Council that national security reasons require otherwise; (2) the Administrator of the National Aeronautics and Space Administration certifies to the National Space Council that the unique capabilities of the space shuttle are required; or (3) the Secretary finds that the space transportation services required are unavailable at a reasonable cost from commercial providers. (c) FEDERAL GOVERNMENT SPACE TRANSPORTATION VEHICLES- Space transportation vehicles shall be acquired, owned, maintained, or operated by the Federal Government only if such space transportation vehicles are manufactured or produced primarily in the United States of primarily United States-made components, and only-- (1) as required under circumstances described in subsection (b); or (2) by the National Aeronautics and Space Administration for conducting research and development on, and testing of, space transportation technology. (d) PHASE-IN PERIOD- Subsections (a) and (c) shall not apply to space transportation services and space transportation vehicles purchased by the Federal Government before the date of enactment of this Act. Any such space transportation vehicles purchased by the Federal Government before the date of enactment of this Act may be sold to commercial providers if such sale would result in a more economical acquisition by the Federal Government of space transportation services. (e) HISTORICAL PURPOSES- This Act shall not be interpreted to prohibit the Federal Government from acquiring, owning, or maintaining space transportation vehicles solely for historical display purposes. SEC. 5. PROVISION OF SPACE TRANSPORTATION SERVICES. (a) COMPETITIVE BIDDING- (1) Except as provided in paragraph (2), contracts to provide space transportation services to the Federal Government under section 4 shall be awarded in a process of full, fair, and open competitive bidding among United States persons who use space transportation vehicles manufactured or produced primarily in the United States of primarily United States-made components. (2) Paragraph (1) shall not apply if the Secretary determines that to award a contract under its provisions would be unreasonably disadvantageous to the Federal Government. (3) Submission of cost data either for the purposes of supporting the bid, or for the fulfillment of the contract, shall not be required of the bidders. (b) SPECIFICATION SYSTEMS- Conformance with the Military Specification (Milspec) system or NASA specification systems with respect to the design, construction, or operation of equipment used in providing space transportation services to the Federal Government shall not be a requirement for a commercial provider bidding to provide such services, except with respect to emergency flight termination (range safety) equipment when flights are made from launch sites owned by the Federal Government. SEC. 6. OTHER ACTIVITIES OF THE FEDERAL GOVERNMENT. (a) COMMERCIAL PAYLOADS ON THE SPACE SHUTTLE- No commercial payloads may be accepted for launch on the space shuttle with the sole exception of payloads which the Administrator of the National Aeronautics and Space Administration, in consultation with the Secretary, determines require unique capabilities of the shuttle. (b) GRANTS- Grants of funds by the Federal Government to United States persons for activities which use space transportation services shall carry as a condition of grant the requirement to purchase such services through a process of full, fair, and open competition, giving preference to commercial providers who are United States persons. In the case of each such grant, the grantee shall certify to the Secretary that such a full, fair, and open competition led to the purchase of those services. This subsection shall not apply to grants made before the date of enactment of this Act. (c) INTERNATIONAL EXPENDITURES- Expenditures of funds by the Federal Government for the purpose of supporting international cooperative activities or international organizations utilizing space transportation services shall be made with the condition that all commercial providers who are United States persons are given a fair and equitable opportunity to compete for provision of those space transportation services. In the case of each such expenditure, the head of the agency making the expenditure shall certify to the National Space Council that such opportunities exist before the release of funds for such purposes. This subsection shall not apply to expenditures to be made under agreements reached before the date of enactment of this Act. (d) STUDIES- Expenditures of funds by the United States for studies of means of meeting future space transportation services requirements of the Federal Government shall be made with the condition that due attention will be given to the potential of commercial providers to meet such requirements, and to the need to avoid deterring private space investment by any future government action affecting space transportation. In order to facilitate such attention, the head of the agency conducting the study shall consult with the National Space Council.
Introduced in House
Introduced in House
Referred to the House Committee on Science, Space and Technology.
Referred to the Subcommittee on Space Science and Applications.
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