S.Amdt. 4277

SA 4277. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title XVI, add the following:

SEC. 1613. COMMERCIAL USE OF EXCESS INTERCONTINENTAL
BALLISTIC MISSILES BY UNITED STATES COMMERCIAL
SPACE TRANSPORTATION SERVICES PROVIDERS.

(a) In General.--Section 50134(b) of title 51, United
States Code, is amended--
(1) in the subsection heading, by inserting ``and United
States Commercial'' after ``Authorized Federal''; and
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``A missile described'' and all that follows through ``such
missile--'' and inserting the following: ``A missile
described in subsection (c) may be converted for use as a
space transportation vehicle by the Federal Government or a
United States commercial provider if, except as provided in
paragraph (2) and at least 30 days before such conversion,
the agency seeking to use the missile as a space
transportation vehicle, or to provide the missile to a United
States commercial provider for use as a space transportation
vehicle, as the case may be, transmits to the Committee on
Armed Services and the Committee on Science and Technology of
the House of Representatives, and to the Committee on Armed
Services and the Committee on Commerce, Science, and
Transportation of the Senate, a certification that the use of
such missile, or the provision of such missile to a United
States commercial provider for such use, as applicable--'';
(B) in subparagraph (A), by striking ``when compared'' and
all that follows and inserting a semicolon; and
(C) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B) if such missile is being provided to a United States
commercial provider, such missile was made broadly available
to

[[Page S3315]]

United States commercial providers before being provided to
the United States commercial provider concerned;''.
(b) Additional Limitations; Termination.--Section 50134 of
such title is further amended by adding at the end the
following new subsection:
``(d) Additional Limitations.--
``(1) Number of flight vehicles produced yearly by any
single provider.--The total number of space transportation
vehicles produced by any United States commercial provider in
a year using motors from missiles transferred or otherwise
provided to the United States commercial provider under this
section in any year may not 5 exceed vehicles.
``(2) Number of flight vehicles produced yearly by all
providers.--The total number of space transportation vehicles
produced by United States commercial providers in a year
using motors from missiles transferred or otherwise provided
to United States commercial providers under this section may
not exceed 15 vehicles.
``(3) Minimum payload mass.--No space transportation
vehicle produced by a United States commercial provider in
any year using motors from missiles transferred or otherwise
provided to the United States commercial provider under this
section may be used to launch multiple payloads from more
than one manufacturer that have a combined mass of 200 kg or
less.
``(e) Termination of United States Commercial Provider
Authority.--
``(1) In general.--Except as provided in paragraph (2), the
authority under this section to transfer or otherwise provide
a missile described in subsection (c) to a United States
commercial provider for use as a space transportation vehicle
shall terminate on the date that is 5 years after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2017.
``(2) Exception.--The termination of authority under
paragraph (1) shall not affect the use of motors from
missiles transferred or provided to a United States
commercial provider under this section pursuant to contracts
entered into before such termination.''.
(c) Multiagency Review.--Not later than 36 months after the
date of the enactment of this Act, the Secretary of Defense,
the Secretary of Commerce, the Secretary of Transportation,
and the Administrator of the National Aeronautics and Space
Administration shall jointly conduct a multiagency review of
the authority provided under section 50134 of title 51,
United States Code, as amended by this section, to provide
excess intercontinental ballistic missiles to United States
commercial space transportation services providers for use as
space transportation vehicles, and the limitations under
subsection (d) of that section, including an assessment of
the costs and benefits of that authority and those
limitations and the consequences of that authority and those
limitations for the industrial base of the United States.
(d) Sense of Congress.--It is the sense of Congress that,
if no significant consequences to the industrial base of the
United States are found in the multiagency review required by
subsection (c), the authority to provide excess
intercontinental ballistic missiles to United States
commercial space transportation services providers for use as
space transportation vehicles under section 50134 of title
51, United States Code, should be extended before the
termination date under subsection (e) of that section.
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