(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.

[SEC. 503. Repealed.]

SEC. 504. [15 U.S.C. 5803] LAUNCH VOUCHER DEMONSTRATION PROGRAM.

(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) 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.

[SEC. 505. Repealed.]

SEC. 506. [15 U.S.C. 5805] IDENTIFICATION OF LAUNCH SUPPORT FACILITIES.

(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 the date of enactment of this Act, the Administrator and the Secretary of Defense each shall submit to Congress a report containing the results of the identification required under subsection (a). Portions of

such report may be classified and protected from public disclosure if such classification is necessary to protect national security.

SEC. 507. [15 U.S.C. 5806] ANCHOR TENANCY AND TERMINATION LIABILITY.

(a) ANCHOR TENANCY CONTRACTS.-Subject to appropriations, the Administrator 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

(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;

tive;

(2) the commercially procured good or service is cost effec

(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) 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.

SEC. 508. [15 U.S.C. 5807] USE OF GOVERNMENT FACILITIES.

(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) 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.

SEC. 509. PROTECTION OF INFORMATION DEVELOPED UNDER SPACE ACT AGREEMENTS.

[Amended section 303 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2454).]

SEC. 510. [15 U.S.C. 5808] COMMERCIAL SPACE ACHIEVEMENT AWARD. (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).

(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.

COMMERCIAL SPACE LAUNCH ACTIVITIES

(CHAPTER 701 OF TITLE 49, UNITED STATES CODE)

SUBTITLE IX-COMMERCIAL SPACE
TRANSPORTATION

CHAPTER 701-COMMERCIAL SPACE LAUNCH

ACTIVITIES

70104. Restrictions on launches, operations, and reentries.

70105. License applications and requirements.

70106. Monitoring activities.

70107. Effective periods, and modifications, suspensions, and revocations, of li

censes.

70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries.

70109. Preemption of scheduled launches or reentries.

70109a.-Space advertising.

70110. Administrative hearings and judicial review.

70111. Acquiring United States Government property and services.

70112. Liability insurance and financial responsibility requirements.

70113. Paying claims exceeding liability insurance and financial responsibility re

quirements.

70114. Disclosing information.

70115. Enforcement and penalty.

70116. Consultation.

70117. Relationship to other executive agencies, laws, and international obliga

tions.

70118. User fees.

70119. Authorization of appropriations.

70120. Regulations.

70121. Report to Congress.

§ 70101. Findings and purposes

(a) FINDINGS.-Congress finds that—

(1) the peaceful uses of outer space continue to be of great value and to offer benefits to all mankind;

(2) private applications of space technology have achieved a significant level of commercial and economic activity and offer the potential for growth in the future, particularly in the United States;