Return-path: X-Andrew-Authenticated-as: 7997;andrew.cmu.edu;Ted Anderson Received: from corsica.andrew.cmu.edu via trymail for +dist+/afs/andrew.cmu.edu/usr1/ota/space/space.dl@andrew.cmu.edu (->+dist+/afs/andrew.cmu.edu/usr1/ota/space/space.dl) (->ota+space.digests) ID ; Thu, 6 Jul 89 03:17:32 -0400 (EDT) Message-ID: Reply-To: space+@Andrew.CMU.EDU From: space-request+@Andrew.CMU.EDU To: space+@Andrew.CMU.EDU Date: Thu, 6 Jul 89 03:17:24 -0400 (EDT) Subject: SPACE Digest V9 #537 SPACE Digest Volume 9 : Issue 537 Today's Topics: Space Transportation Services Purchase Act Re: Don't mess with NASA? Re: space news from May 15 AW&ST (replacing computers) Remarks on HR 2674 (Rep. Packard, R-CA) ---------------------------------------------------------------------- Date: 2 Jul 89 22:05:53 GMT From: ganoe@arizona.edu (Bill Ganoe) Subject: Space Transportation Services Purchase Act Draft HR 2674: 101st Congress, 1st Session Space Transportation Services Purchase Act of 1989 House of Representatives June 15, 1989. (For more information call Mark Voelker, (602) 327-1124 (Tucson) or Andrew Cutler, (619) 284-2779 (San Diego).) Committee on Science, Space, and Technology US House of Representatives Washington, DC 20515. Sponsor: Ron Packard. Original Co-Sponsors: Jim Kolbe, Dana Rohrabacher, George E. Brown, Ralph M. Hall, Tom Lewis. Title: To encourage the development and full capability of a competitive US space transportation industry by requiring the Federal Government to contract for commercially provided space transportation services with certain exceptions. Mr. Packard introduced the following bill: 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". Section 2. Findings. The Congress finds that-- (1) the US 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 US commercial space transportation industry, including the development of commercial launch facilities, in order to ensure US economic pre-eminence in space, and should do so with minimum Federal subsidy; (3) the US 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 US 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. Section 3. Definitions. For the purpose 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 such a payload; and (6) the term "United States person" means-- (A) any individual who is a citizen of the US; 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 US. Section 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 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 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 US of primarily US-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. Section 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 US persons who use space transportation vehicles manufactured or produced primarily in the US of primarily US-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 fom launch sites owned by the Fedreal Government. Section 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 NASA, in consultation with the Secretary, determines require unique capabilities of the shuttle. (b) GRANTS--Grants of funds by the Federal Government to US 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 US 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 US 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 US 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. ------------------------------ Date: 2 Jul 89 21:12:54 GMT From: jarvis.csri.toronto.edu!utgpu!utzoo!henry@rutgers.edu (Henry Spencer) Subject: Re: Don't mess with NASA? In article shafer@drynix.dfrf.nasa.gov writes: >>... If you want class when climbing into an aircraft, it has to have >>afterburners. > >Better watch it, Henry--you'd have to do it in a government-sponsored, >government-funded aircraft! :-) :-) Ouch. Touche. :-) Actually, you can find non-government birds with afterburners, but there aren't very many of them and often they aren't very accessible. -- $10 million equals 18 PM | Henry Spencer at U of Toronto Zoology (Pentagon-Minutes). -Tom Neff | uunet!attcan!utzoo!henry henry@zoo.toronto.edu ------------------------------ Date: 2 Jul 89 14:12:50 GMT From: phri!roy@nyu.edu (Roy Smith) Subject: Re: space news from May 15 AW&ST (replacing computers) In <1989Jul2.054432.5054@utzoo.uucp> henry@utzoo.uucp (Henry Spencer) writes: > the Atlantis crew replaced one of the orbiter's five general-purpose > computers after it failed [...] it took about four hours because the > computers are behind some of the middeck lockers and are not easy to get at. I don't understand. I thought that the various computers were all constantly checking each other and if one failed, it would be taken off line automatically and the others would continue to operate without it. Why the need to rummage around behind the furniture for 4 hours? -- Roy Smith, Public Health Research Institute 455 First Avenue, New York, NY 10016 {allegra,philabs,cmcl2,rutgers,hombre}!phri!roy -or- roy@alanine.phri.nyu.edu "The connector is the network" ------------------------------ Date: 2 Jul 89 22:08:32 GMT From: ganoe@arizona.edu (Bill Ganoe) Subject: Remarks on HR 2674 (Rep. Packard, R-CA) Extension of Remarks of Hon. Ron Packard (R-CA): Space Transportation Services Purchase Act of 1989 Thursday, June 15, 1989 Mr. Packard, Mr. Speaker, I rise today to introduce the Space Transportation Services Purchase Act of 1989, legislation to enhance the viability of the US space transportation industry. The primary objective of the US space transportation policy should be to encourage the emergence of a strong competitive US commercial space industry. The Space Transportation Services Purchase Act furthers this objective through enhanced competitiveness in the US space transportation industry. Obtaining this objective will give the US two important benefits, one, the safe and successful launching into orbit of government and private payloads at the lowest possible cost. Free competition among private companies will promote competitive pricing without sacrificing performance. Two, NASA can focus on its original objective of space exploration and research. NASA can use its resources to increase our knowledge of space and leave commercial development of space to the private sector. The space transportation services companies are at a severe competitive disadvantage with foreign launch companies because the foreign governments either subsidize the launch cost or provide a portion of third-party liability coverage. It is true that the intensity of world competition for the launch services market will depend in part on the level of demand for services. Yet, the fact remains that the European Arianespace and the Chinese Long March offer increasingly competitive space transportation services, and the Japanese are currently planning to begin operation of their space transportation services in 1992. Mr. Speaker, only commercialization will permit a restructuring of US space activities necessary and sufficient to establish a viable US space transportation industry capable of competing internationally. The US Government should encourage this privatization by purchasing launch services in a commercially reasonable manner from the private sector. The bill I am introducing today addresses these two key areas which will greatly affect the viability and privatization of the American space transportation industry. First, the government would be required to purchase all space transportation services from the private sector, except for currently on a very limited basis. Presently, the government usually purchases space transportation vehicles from a company, then later purchases space transportation vehicles from a company, then later purchases launch services from that same company. By contrast, a private sector payload operator always purchases a complete package--space transportation services--never the vehicle, then the services. As a buyer of the vehicles, the US government has maintained unnecessary regulatory and oversight authority over the construction and operation of the vehicle which results in substantially higher costs incurred and lack of engineering and operating freedom. To be internationally competitive in the long term, the US industry must be launching competitively designed and priced vehicles, not vehicles designed by government regulation. Major launch companies have a commercial division and a government division. There should be no difference between the two. The commercial division's product design is supposed to reflect marketplace demands such as cost, efficiency, and reliability. By contrast, the government division's design is governed by the Federal Acquisition Regulations, milspecs, and the procuring agency's needs. The more that the government buys commercially rather than in the traditional manner, the more commercial features will appear in these vehicles, the lower the cost, and the greater the efficiency of the company. The second key area which will affect privatization is the government's space transportation services procurement policy. This legislation mandates that all federal agencies procure space transporttion systems in a commercially reasonable manner which would result in a significant cost savings to the government and to the space transportation industry. The traditional procurement methods of the government impose burdensome and unnecessary cost controls and accounting procedures at great cost to the industry. Mr. Speaker, the US private sector has the capability and entrepreneurial spirit needed to expand its role as a major competitor in the world commercial space market. The economic, technological, scientific, foreign policy, and national security benefits the nation would reap from this achievement are great. I invite my colleagues to join me in supporting the Space Transportation Services Purchase Act of 1989 as an important step toward enhancing the commercial environment for the US space transportation industry. ------------------------------ End of SPACE Digest V9 #537 *******************