Omnibus Space Commercialization Act of 1990

Omnibus Space Commercialization Act of 1990 - Title I: Government Owned Space Launch and Launch Support Facilities - Directs the Comptroller General to conduct a comprehensive inventory of all space launch and launch support facilities owned by the United States, identifying facilities that are surplus to public and national security needs, and report to the Congress. Requires all facilities identified as surplus to be referred to the General Services Administration for disposition.

Directs the Secretary of Transportation to establish criteria for and designate launch facilities as Commercial Space Centers. Makes all Centers and associated property, services, and products, including such services and activities in space as are launched from a Center, and proceeds from insurance exempt from all Federal corporate income and other taxes and all Federal excises, imposts, duties, and all other Federal tariffs.

Amends the Internal Revenue Code to allow an itemized deduction for individuals and corporations for the aggregate amount, up to a specified maximum, paid for Center stock on the original issue of the stock. Requires gain on disposition of the stock to be treated as ordinary income, with interest charged if the disposition is within three years of purchase. Provides for the tax treatment of the taxpayer if a qualified issuer ceases to be qualified. Sets forth special rules relating to: (1) amounts paid after the close of a taxable year; and (2) a limitation on the amount of the deduction. Adjusts the basis of the stock by the amount of the deduction.

Title II: Purchase of Space Transportation Services - Space Transportation Services Purchase Act of 1990 - Requires the Federal Government to purchase space transportation services from commercial providers, unless on a case-by-case basis: (1) the payload requires the unique capabilities of the space shuttle; (2) commercial services are not or would not be available when required; or (3) the use of commercial services poses an unacceptable risk of loss of a unique scientific opportunity. Allows space transportation vehicles to be acquired or owned by the Government only in such circumstances or for research, development, and testing of space transportation technology.

Requires the service contracts to be awarded by competitive bidding. Prohibits, subject to exception, requiring submission of cost or pricing data supporting a bid or proposal. Requires performance specifications rather than Federal civilian or military design or construction specifications.

Prohibits acceptance of commercial payloads for launch on the shuttle unless: (1) the payload requires the unique capabilities of the shuttle; or (2) launching on the shuttle is important for either national security or foreign policy.

Title III: Intellectual Property Disposition - Amends Federal law relating to patents to require that any invention made, used, or sold in outer space on a vehicle or payload under U.S. jurisdiction or control be considered to be made, used, or sold in the United States for purposes of the title of the U.S. Code relating to patents, except for a vehicle or payload: (1) under an international agreement; or (2) carried on the registry of a foreign state in accordance with the Convention on Registration of Objects Launched into Outer Space. Requires that a commercial provider making an invention under contract with the Government have the same rights as would a small business firm under specified provisions of Federal patent law.

Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require (current law permits) each Federal agency to permit the director of any of its Government-operated Federal laboratories and, in certain circumstances, the director of any of its Government-owned, contractor-operated laboratories to enter into cooperative research and development agreements and to negotiate licensing agreements. Prohibits disclosure of trade secrets or commercial or financial information, that is privileged or confidential under the meaning of specified Federal law, which is obtained by the Government in the conduct of research or as a result of activities under this Act.

Title IV: Miscellaneous - Declares that, notwithstanding specified provisions of the Clayton Act and the National Cooperative Research Act of 1984, standing to conduct litigation arising from activities carried out under this Act is reserved to the Department of Justice under the direction of the Attorney General and the Federal Trade Commission. Makes injunctive relief the sole relief available to the United States in such litigation, notwithstanding specified provisions of such Acts.

Requires the Government to indemnify and save harmless commercial providers against any loss or damage to any payload of the United States in the provision of space transportation services or space-related activities, except for gross negligence. Limits monetary damages in the case of gross negligence to replacement or repair costs.

Makes the profits of a U.S. person on any product manufactured in outer space, returned to Earth, and sold commercially exempt from Federal corporate income and other taxes and excises, imposts, duties, and any other Federal tariffs.

Declares that, subject to exception, in any action against a commercial provider arising from activities under this Act, evidence of failure of the provider to follow military or National Aeronautics and Space Administration specifications shall not, in and of itself, constitute proof of negligence.

Establishes a National Award for the Commercialization of Space to consist of a medal and, if funding is available, a cash prize, to be awarded to persons or organizations who have substantially advanced space transportation, manufacturing, or research and development. Authorizes the Chairman of the National Space Council to seek and accept gifts of money from public and private sources to fund the cash prize.

Terminates specified provisions of this Act 15 years after enactment.