§ 5801. — Findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5801]
TITLE 15--COMMERCE AND TRADE
CHAPTER 84--COMMERCIAL SPACE COMPETITIVENESS
Sec. 5801. Findings
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.
(Pub. L. 102-588, title V, Sec. 501, Nov. 4, 1992, 106 Stat. 5122.)
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.
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.''