[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1702 Enrolled Bill (ENR)]
H.R.1702
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To encourage the development of a commercial space industry in the
United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Commercial Space
Act of 1998''.
(b) Table of Contents.--

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TITLE I

-PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

ac7a9bd88779450194a8a701736d4ad234423b393ed105a965578fe47b24948e

TITLE II

-FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

For purposes of this Act--
(1) the term ``Administrator'' means the Administrator of the
National Aeronautics and Space Administration;
(2) the term ``commercial provider'' means any person providing
space transportation services or other space-related activities,
primary control of which is held by persons other than Federal,
State, local, and foreign governments;
(3) the term ``payload'' means anything that a person
undertakes to transport to, from, or within outer space, or in
suborbital trajectory, by means of a space transportation vehicle,
but does not include the space transportation vehicle itself except
for its components which are specifically designed or adapted for
that payload;
(4) the term ``space-related activities'' includes research and
development, manufacturing, processing, service, and other
associated and support activities;
(5) the term ``space transportation services'' means the
preparation of a space transportation vehicle and its payloads for
transportation to, from, or within outer space, or in suborbital
trajectory, and the conduct of transporting a payload to, from, or
within outer space, or in suborbital trajectory;
(6) 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, or in suborbital
trajectory, and includes any component of such vehicle not
specifically designed or adapted for a payload;
(7) the term ``State'' means each of the several States of the
Union, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any other commonwealth, territory, or
possession of the United States; and
(8) the term ``United States commercial provider'' means a
commercial provider, organized under the laws of the United States
or of a State, which is--
(A) more than 50 percent owned by United States nationals;
or
(B) a subsidiary of a foreign company and the Secretary of
Transportation finds that--
(i) such subsidiary has in the past evidenced a
substantial commitment to the United States market
through--
(I) investments in the United States in long-term
research, development, and manufacturing (including the
manufacture of major components and subassemblies); and
(II) significant contributions to employment in the
United States; and
(ii) the country or countries in which such foreign
company is incorporated or organized, and, if appropriate,
in which it principally conducts its business, affords
reciprocal treatment to companies described in subparagraph
(A) comparable to that afforded to such foreign company's
subsidiary in the United States, as evidenced by--
(I) providing comparable opportunities for
companies described in subparagraph (A) to participate
in Government sponsored research and development
similar to that authorized under this Act;
(II) providing no barriers, to companies described
in subparagraph (A) with respect to local investment
opportunities, that are not provided to foreign
companies in the United States; and
(III) providing adequate and effective protection
for the intellectual property rights of companies
described in subparagraph (A).

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(a) Policy.--The Congress declares that a priority goal of
constructing the International Space Station is the economic
development of Earth orbital space. The Congress further declares that
free and competitive markets create the most efficient conditions for
promoting economic development, and should therefore govern the
economic development of Earth orbital space. The Congress further
declares that the use of free market principles in operating,
servicing, allocating the use of, and adding capabilities to the Space
Station, and the resulting fullest possible engagement of commercial
providers and participation of commercial users, will reduce Space
Station operational costs for all partners and the Federal Government's
share of the United States burden to fund operations.
(b) Reports.--(1) The Administrator shall deliver to the Committee
on Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, within 90 days
after the date of the enactment of this Act, a study that identifies
and examines--
(A) the opportunities for commercial providers to play a role
in International Space Station activities, including operation,
use, servicing, and augmentation;
(B) the potential cost savings to be derived from commercial
providers playing a role in each of these activities;
(C) which of the opportunities described in subparagraph (A)
the Administrator plans to make available to commercial providers
in fiscal years 1999 and 2000;
(D) the specific policies and initiatives the Administrator is
advancing to encourage and facilitate these commercial
opportunities; and
(E) the revenues and cost reimbursements to the Federal
Government from commercial users of the Space Station.
(2) The Administrator shall deliver to the Committee on Science of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate, within 180 days after the date of the
enactment of this Act, an independently conducted market study that
examines and evaluates potential industry interest in providing
commercial goods and services for the operation, servicing, and
augmentation of the International Space Station, and in the commercial
use of the International Space Station. This study shall also include
updates to the cost savings and revenue estimates made in the study
described in paragraph (1) based on the external market assessment.
(3) The Administrator shall deliver to the Congress, no later than
the submission of the President's annual budget request for fiscal year
2000, a report detailing how many proposals (whether solicited or not)
the National Aeronautics and Space Administration received during
calendar years 1997 and 1998 regarding commercial operation, servicing,
utilization, or augmentation of the International Space Station, broken
down by each of these four categories, and specifying how many
agreements the National Aeronautics and Space Administration has
entered into in response to these proposals, also broken down by these
four categories.
(4) Each of the studies and reports required by paragraphs (1),
(2), and (3) shall include consideration of the potential role of State
governments as brokers in promoting commercial participation in the
International Space Station program.

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(a) Amendments.--Chapter 701 of title 49, United States Code, is
amended--
(1) in the table of sections--
(A) by amending the item relating to section 70104 to read
as follows:
``70104. Restrictions on launches, operations, and reentries.'';
(B) by amending the item relating to section 70108 to read
as follows:
``70108. Prohibition, suspension, and end of launches, operation of
launch sites and reentry sites, and reentries.'';
(C) by amending the item relating to section 70109 to read
as follows:
``70109. Preemption of scheduled launches or reentries.'';
and
(D) by adding at the end the following new items:
``70120. Regulations.
``70121. Report to Congress.''.
(2) in section 70101--
(A) by inserting ``microgravity research,'' after
``information services,'' in subsection (a)(3);
(B) by inserting ``, reentry,'' after ``launching'' both
places it appears in subsection (a)(4);
(C) by inserting ``, reentry vehicles,'' after ``launch
vehicles'' in subsection (a)(5);
(D) by inserting ``and reentry services'' after ``launch
services'' in subsection (a)(6);
(E) by inserting ``, reentries,'' after ``launches'' both
places it appears in subsection (a)(7);
(F) by inserting ``, reentry sites,'' after ``launch
sites'' in subsection (a)(8);
(G) by inserting ``and reentry services'' after ``launch
services'' in subsection (a)(8);
(H) by inserting ``reentry sites,'' after ``launch sites,''
in subsection (a)(9);
(I) by inserting ``and reentry site'' after ``launch site''
in subsection (a)(9);
(J) by inserting ``, reentry vehicles,'' after ``launch
vehicles'' in subsection (b)(2);
(K) by striking ``launch'' in subsection (b)(2)(A);
(L) by inserting ``and reentry'' after ``conduct of
commercial launch'' in subsection (b)(3);
(M) by striking ``launch'' after ``and transfer
commercial'' in subsection (b)(3); and
(N) by inserting ``and development of reentry sites,''
after ``launch-site support facilities,'' in subsection (b)(4);
(3) in section 70102--
(A) in paragraph (3)--
(i) by striking ``and any payload'' and inserting in
lieu thereof ``or reentry vehicle and any payload from
Earth'';
(ii) by striking the period at the end of subparagraph
(C) and inserting in lieu thereof a comma; and
(iii) by adding after subparagraph (C) the following:
``including activities involved in the preparation of a launch
vehicle or payload for launch, when those activities take place at
a launch site in the United States.'';
(B) by inserting ``or reentry vehicle'' after ``means of a
launch vehicle'' in paragraph (8);
(C) by redesignating paragraphs (10), (11), and (12) as
paragraphs (14), (15), and (16), respectively;
(D) by inserting after paragraph (9) the following new
paragraphs:
``(10) `reenter' and `reentry' mean to return or attempt to
return, purposefully, a reentry vehicle and its payload, if any,
from Earth orbit or from outer space to Earth.
``(11) `reentry services' means--
``(A) activities involved in the preparation of a reentry
vehicle and its payload, if any, for reentry; and
``(B) the conduct of a reentry.
``(12) `reentry site' means the location on Earth to which a
reentry vehicle is intended to return (as defined in a license the
Secretary issues or transfers under this chapter).
``(13) `reentry vehicle' means a vehicle designed to return
from Earth orbit or outer space to Earth, or a reusable launch
vehicle designed to return from Earth orbit or outer space to
Earth, substantially intact.''; and
(E) by inserting ``or reentry services'' after ``launch
services'' each place it appears in paragraph (15), as so
redesignated by subparagraph (C) of this paragraph;
(4) in section 70103(b)--
(A) by inserting ``and Reentries'' after ``Launches'' in
the subsection heading;
(B) by inserting ``and reentries'' after ``commercial space
launches'' in paragraph (1); and
(C) by inserting ``and reentry'' after ``space launch'' in
paragraph (2);
(5) in section 70104--
(A) by amending the section designation and heading to read
as follows:
``Sec. 70104. Restrictions on launches, operations, and reentries'';
(B) by inserting ``or reentry site, or to reenter a reentry
vehicle,'' after ``operate a launch site'' each place it
appears in subsection (a);
(C) by inserting ``or reentry'' after ``launch or
operation'' in subsection (a)(3) and (4);
(D) in subsection (b)--
(i) by striking ``launch license'' and inserting in
lieu thereof ``license'';
(ii) by inserting ``or reenter'' after ``may launch'';
and
(iii) by inserting ``or reentering'' after ``related to
launching''; and
(E) in subsection (c)--
(i) byamendingthesubsectionheadingtoreadasfollows:
``PreventingLaunchesandReentries.--'';
(ii) by inserting ``or reentry'' after ``prevent the
launch''; and
(iii) by inserting ``or reentry'' after ``decides the
launch'';
(6) in section 70105--
(A) by inserting ``(1)'' before ``A person may apply'' in
subsection (a);
(B) by striking ``receiving an application'' both places it
appears in subsection (a) and inserting in lieu thereof
``accepting an application in accordance with criteria
established pursuant to subsection (b)(2)(D)'';
(C) by adding at the end of subsection (a) the following:
``The Secretary shall transmit to the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a written notice not
later than 30 days after any occurrence when a license is not
issued within the deadline established by this subsection.
``(2) In carrying out paragraph (1), the Secretary may establish
procedures for safety approvals of launch vehicles, reentry vehicles,
safety systems, processes, services, or personnel that may be used in
conducting licensed commercial space launch or reentry activities.'';
(D) by inserting ``or a reentry site, or the reentry of a
reentry vehicle,'' after ``operation of a launch site'' in
subsection (b)(1);
(E) by striking ``or operation'' and inserting in lieu
thereof ``, operation, or reentry'' in subsection (b)(2)(A);
(F) by striking ``and'' at the end of subsection (b)(2)(B);
(G) by striking the period at the end of subsection
(b)(2)(C) and inserting in lieu thereof ``; and'';
(H) by adding at the end of subsection (b)(2) the following
new subparagraph:
``(D) regulations establishing criteria for accepting or
rejecting an application for a license under this chapter within 60
days after receipt of such application.''; and
(I) by inserting ``, including the requirement to obtain a
license,'' after ``waive a requirement'' in subsection (b)(3);
(7) in section 70106(a)--
(A) by inserting ``or reentry site'' after ``observer at a
launch site'';
(B) by inserting ``or reentry vehicle'' after ``assemble a
launch vehicle''; and
(C) by inserting ``or reentry vehicle'' after ``with a
launch vehicle'';
(8) in section 70108--
(A) by amending the section designation and heading to read
as follows:
``Sec. 70108. Prohibition, suspension, and end of launches, operation
of launch sites and reentry sites, and reentries'';
and
(B) in subsection (a)--
(i) by inserting ``or reentry site, or reentry of a
reentry vehicle,'' after ``operation of a launch site'';
and
(ii) by inserting ``or reentry'' after ``launch or
operation'';
(9) in section 70109--
(A) by amending the section designation and heading to read
as follows:
``Sec. 70109. Preemption of scheduled launches or reentries'';
(B) in subsection (a)--
(i) by inserting ``or reentry'' after ``ensure that a
launch'';
(ii) by inserting ``, reentry site,'' after ``United
States Government launch site'';
(iii) by inserting ``or reentry date commitment'' after
``launch date commitment'';
(iv) by inserting ``or reentry'' after ``obtained for a
launch'';
(v) by inserting ``, reentry site,'' after ``access to
a launch site'';
(vi) by inserting ``, or services related to a
reentry,'' after ``amount for launch services''; and
(vii) by inserting ``or reentry'' after ``the scheduled
launch''; and
(C) in subsection (c), by inserting ``or reentry'' after
``prompt launching'';
(10) in section 70110--
(A) by inserting ``or reentry'' after ``prevent the
launch'' in subsection (a)(2); and
(B) by inserting ``or reentry site, or reentry of a reentry
vehicle,'' after ``operation of a launch site'' in subsection
(a)(3)(B);
(11) in section 70111--
(A) by inserting ``or reentry'' after ``launch'' in
subsection (a)(1)(A);
(B) by inserting ``and reentry services'' after ``launch
services'' in subsection (a)(1)(B);
(C) by inserting ``or reentry services'' after ``or launch
services'' in subsection (a)(2);
(D) by striking ``source.'' in subsection (a)(2) and
inserting ``source, whether such source is located on or off a
Federal range.'';
(E) by inserting ``or reentry'' after ``commercial launch''
both places it appears in subsection (b)(1);
(F) by inserting ``or reentry services'' after ``launch
services'' in subsection (b)(2)(C);
(G) by inserting after subsection (b)(2) the following new
paragraph:
``(3) The Secretary shall ensure the establishment of uniform
guidelines for, and consistent implementation of, this section by all
Federal agencies.'';
(H) by striking ``or its payload for launch'' in subsection
(d) and inserting in lieu thereof ``or reentry vehicle, or the
payload of either, for launch or reentry''; and
(I) by inserting ``, reentry vehicle,'' after
``manufacturer of the launch vehicle'' in subsection (d);
(12) in section 70112--
(A) in subsection (a)(1), by inserting ``launch or
reentry'' after ``(1) When a'';
(B) by inserting ``or reentry'' after ``one launch'' in
subsection (a)(3);
(C) by inserting ``or reentry services'' after ``launch
services'' in subsection (a)(4);
(D) in subsection (b)(1), by inserting ``launch or
reentry'' after ``(1) A'';
(E) by inserting ``or reentry services'' after ``launch
services'' each place it appears in subsection (b);
(F) by inserting ``applicable'' after ``carried out under
the'' in paragraphs (1) and (2) of subsection (b);
(G) by inserting ``or Reentries'' after ``Launches'' in the
heading for subsection (e);
(H) by inserting ``or reentry site or a reentry'' after
``launch site'' in subsection (e); and
(I) in subsection (f), by inserting ``launch or reentry''
after ``carried out under a'';
(13) in section 70113(a)(1) and (d)(1) and (2), by inserting
``or reentry'' after ``one launch'' each place it appears;
(14) in section 70115(b)(1)(D)(i)--
(A) by inserting ``reentry site,'' after ``launch site,'';
and
(B) by inserting ``or reentry vehicle'' after ``launch
vehicle'' both places it appears;
(15) in section 70117--
(A) by inserting ``or reentry site, or to reenter a reentry
vehicle'' after ``operate a launch site'' in subsection (a);
(B) by inserting ``or reentry'' after ``approval of a space
launch'' in subsection (d);
(C) by amending subsection (f) to read as follows:
``(f) Launch Not an Export; Reentry Not an Import.--A launch
vehicle, reentry vehicle, or payload that is launched or reentered is
not, because of the launch or reentry, an export or import,
respectively, for purposes of a law controlling exports or imports,
except that payloads launched pursuant to foreign trade zone procedures
as provided for under the Foreign Trade Zones Act (19 U.S.C. 81a-81u)
shall be considered exports with regard to customs entry.''; and
(D) in subsection (g)--
(i) by striking ``operation of a launch vehicle or
launch site,'' in paragraph (1) and inserting in lieu
thereof ``reentry, operation of a launch vehicle or reentry
vehicle, operation of a launch site or reentry site,''; and
(ii) by inserting ``reentry,'' after ``launch,'' in
paragraph (2); and
(16) by adding at the end the following new sections:
``Sec. 70120. Regulations
``(a) In General.--The Secretary of Transportation, within 9 months
after the date of the enactment of this section, shall issue
regulations to carry out this chapter that include--
``(1) guidelines for industry and State governments to obtain
sufficient insurance coverage for potential damages to third
parties;
``(2) procedures for requesting and obtaining licenses to
launch a commercial launch vehicle;
``(3) procedures for requesting and obtaining operator licenses
for launch;
``(4) procedures for requesting and obtaining launch site
operator licenses; and
``(5) procedures for the application of government
indemnification.
``(b) Reentry.--The Secretary of Transportation, within 6 months
after the date of the enactment of this section, shall issue a notice
of proposed rulemaking to carry out this chapter that includes--
``(1) procedures for requesting and obtaining licenses to
reenter a reentry vehicle;
``(2) procedures for requesting and obtaining operator licenses
for reentry; and
``(3) procedures for requesting and obtaining reentry site
operator licenses.
``Sec. 70121. Report to Congress
``The Secretary of Transportation shall submit to Congress an
annual report to accompany the President's budget request that--
``(1) describes all activities undertaken under this chapter,
including a description of the process for the application for and
approval of licenses under this chapter and recommendations for
legislation that may further commercial launches and reentries; and
``(2) reviews the performance of the regulatory activities and
the effectiveness of the Office of Commercial Space
Transportation.''.
(b) Authorization of Appropriations.--Section 70119 of title 49,
United States Code, is amended to read as follows:
``Sec. 70119. Authorization of appropriations
``There are authorized to be appropriated to the Secretary of
Transportation for the activities of the Office of the Associate
Administrator for Commercial Space Transportation--
``(1) $6,275,000 for the fiscal year ending September 30, 1999;
and
``(2) $6,600,000 for the fiscal year ending September 30,
2000.''.
(c) Effective Date.--The amendments made by subsection (a)(6)(B)
shall take effect upon the effective date of final regulations issued
pursuant to section 70105(b)(2)(D) of title 49, United States Code, as
added by subsection (a)(6)(H).

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Section 504 of the National Aeronautics and Space Administration
Authorization Act, Fiscal Year 1993 (15 U.S.C. 5803) is amended--
(1) in subsection (a)--
(A) by striking ``the Office of Commercial Programs
within''; and
(B) by striking ``Such program shall not be effective after
September 30, 1995.'';
(2) by striking subsection (c); and
(3) by redesignating subsections (d) and (e) as subsections (c)
and (d), respectively.

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STANDARDS.
(a) Finding.--The Congress finds that the Global Positioning
System, including satellites, signal equipment, ground stations, data
links, and associated command and control facilities, has become an
essential element in civil, scientific, and military space development
because of the emergence of a United States commercial industry which
provides Global Positioning System equipment and related services.
(b) International Cooperation.--In order to support and sustain the
Global Positioning System in a manner that will most effectively
contribute to the national security, public safety, scientific, and
economic interests of the United States, the Congress encourages the
President to--
(1) ensure the operation of the Global Positioning System on a
continuous worldwide basis free of direct user fees;
(2) enter into international agreements that promote
cooperation with foreign governments and international
organizations to--
(A) establish the Global Positioning System and its
augmentations as an acceptable international standard; and
(B) eliminate any foreign barriers to applications of the
Global Positioning System worldwide; and
(3) provide clear direction and adequate resources to the
Assistant Secretary of Commerce for Communications and Information
so that on an international basis the Assistant Secretary can--
(A) achieve and sustain efficient management of the
electromagnetic spectrum used by the Global Positioning System;
and
(B) protect that spectrum from disruption and interference.

1473c4b722a38f0518966225b9492f35a87a1cf98912231e96a4c781a87333af

(a) Acquisition From Commercial Providers.--The Administrator
shall, to the extent possible and while satisfying the scientific or
educational requirements of the National Aeronautics and Space
Administration, and where appropriate, of other Federal agencies and
scientific researchers, acquire, where cost effective, space science
data from a commercial provider.
(b) Treatment of Space Science Data as Commercial Item Under
Acquisition Laws.--Acquisitions of space science data by the
Administrator shall be carried out in accordance with applicable
acquisition laws and regulations (including chapters 137 and 140 of
title 10, United States Code). For purposes of such law and
regulations, space science data shall be considered to be a commercial
item. Nothing in this subsection shall be construed to preclude the
United States from acquiring, through contracts with commercial
providers, sufficient rights in data to meet the needs of the
scientific and educational community or the needs of other government
activities.
(c) Definition.--For purposes of this section, the term ``space
science data'' includes scientific data concerning--
(1) the elemental and mineralogical resources of the moon,
asteroids, planets and their moons, and comets;
(2) microgravity acceleration; and
(3) solar storm monitoring.
(d) Safety Standards.--Nothing in this section shall be construed
to prohibit the Federal Government from requiring compliance with
applicable safety standards.
(e) Limitation.--This section does not authorize the National
Aeronautics and Space Administration to provide financial assistance
for the development of commercial systems for the collection of space
science data.

b4595e6402dc7de29ea35b11ea8a2e78385c816ecba2a5de84ff019591daf951

The Administrator shall administer the Commercial Space Center
program in a coordinated manner from National Aeronautics and Space
Administration headquarters in Washington, D.C.

6e4cffd0f308b693bf6158471821857a97aa82af1be032ace44bd5a32a092ba5

(a) Acquisition.--The Administrator shall, to the extent possible
and while satisfying the scientific or educational requirements of the
National Aeronautics and Space Administration, and where appropriate,
of other Federal agencies and scientific researchers, acquire, where
cost-effective, space-based and airborne Earth remote sensing data,
services, distribution, and applications from a commercial provider.
(b) Treatment as Commercial Item Under Acquisition Laws.--
Acquisitions by the Administrator of the data, services, distribution,
and applications referred to in subsection (a) shall be carried out in
accordance with applicable acquisition laws and regulations (including
chapters 137 and 140 of title 10, United States Code). For purposes of
such law and regulations, such data, services, distribution, and
applications shall be considered to be a commercial item. Nothing in
this subsection shall be construed to preclude the United States from
acquiring, through contracts with commercial providers, sufficient
rights in data to meet the needs of the scientific and educational
community or the needs of other government activities.
(c) Study.--(1) The Administrator shall conduct a study to
determine the extent to which the baseline scientific requirements of
Earth Science can be met by commercial providers, and how the National
Aeronautics and Space Administration will meet such requirements which
cannot be met by commercial providers.
(2) The study conducted under this subsection shall--
(A) make recommendations to promote the availability of
information from the National Aeronautics and Space Administration
to commercial providers to enable commercial providers to better
meet the baseline scientific requirements of Earth Science;
(B) make recommendations to promote the dissemination to
commercial providers of information on advanced technology research
and development performed by or for the National Aeronautics and
Space Administration; and
(C) identify policy, regulatory, and legislative barriers to
the implementation of the recommendations made under this
subsection.
(3) The results of the study conducted under this subsection shall
be transmitted to the Congress within 6 months after the date of the
enactment of this Act.
(d) Safety Standards.--Nothing in this section shall be construed
to prohibit the Federal Government from requiring compliance with
applicable safety standards.
(e) Administration and Execution.--This section shall be carried
out as part of the Commercial Remote Sensing Program at the Stennis
Space Center.
(f) Remote Sensing.--
(1) Application contents.--Section 201(b) of the Land Remote
Sensing Policy Act of 1992 (15 U.S.C. 5621(b)) is amended--
(A) by inserting ``(1)'' after ``National Security.--'';
and
(B) by adding at the end the following new paragraph:
``(2) The Secretary, within 6 months after the date of the
enactment of the Commercial Space Act of 1998, shall publish in the
Federal Register a complete and specific list of all information
required to comprise a complete application for a license under this
title. An application shall be considered complete when the applicant
has provided all information required by the list most recently
published in the Federal Register before the date the application was
first submitted. Unless the Secretary has, within 30 days after receipt
of an application, notified the applicant of information necessary to
complete an application, the Secretary may not deny the application on
the basis of the absence of any such information.''.
(2) Notification of agreements.--Section 202(b)(6) of the Land
Remote Sensing Policy Act of 1992 (15 U.S.C. 5622(b)(6)) is amended
by inserting ``significant or substantial'' after ``Secretary of
any''.

bb76cf31e579f9648eedb3b02dde887d5ed241bfb286b3d48bceb5ae979bd179

SERVICES.
(a) In General.--Except as otherwise provided in this section, the
Federal Government shall acquire space transportation services from
United States commercial providers whenever such services are required
in the course of its activities. To the maximum extent practicable, the
Federal Government shall plan missions to accommodate the space
transportation services capabilities of United States commercial
providers.
(b) Exceptions.--The Federal Government shall not be required to
acquire space transportation services under subsection (a) if, on a
case-by-case basis, the Administrator or, in the case of a national
security issue, the Secretary of the Air Force, determines that--
(1) a payload requires the unique capabilities of the Space
Shuttle;
(2) cost effective space transportation services that meet
specific mission requirements would not be reasonably available
from United States commercial providers when required;
(3) the use of space transportation services from United States
commercial providers poses an unacceptable risk of loss of a unique
scientific opportunity;
(4) the use of space transportation services from United States
commercial providers is inconsistent with national security
objectives;
(5) the use of space transportation services from United States
commercial providers is inconsistent with international agreements
for international collaborative efforts relating to science and
technology;
(6) it is more cost effective to transport a payload in
conjunction with a test or demonstration of a space transportation
vehicle owned by the Federal Government; or
(7) a payload can make use of the available cargo space on a
Space Shuttle mission as a secondary payload, and such payload is
consistent with the requirements of research, development,
demonstration, scientific, commercial, and educational programs
authorized by the Administrator.
Nothing in this section shall prevent the Administrator from planning
or negotiating agreements with foreign entities for the launch of
Federal Government payloads for international collaborative efforts
relating to science and technology.
(c) Delayed Effect.--Subsection (a) shall not apply to space
transportation services and space transportation vehicles acquired or
owned by the Federal Government before the date of the enactment of
this Act, or with respect to which a contract for such acquisition or
ownership has been entered into before such date.
(d) Historical Purposes.--This section shall not be construed to
prohibit the Federal Government from acquiring, owning, or maintaining
space transportation vehicles solely for historical display purposes.

e5eaa7479eef005678e09bf793ed61e0983a30db4e681087d31b8dcef953b28c

(a) Treatment of Commercial Space Transportation Services as
Commercial Item Under Acquisition Laws.--Acquisitions of space
transportation services by the Federal Government shall be carried out
in accordance with applicable acquisition laws and regulations
(including chapters 137 and 140 of title 10, United States Code). For
purposes of such law and regulations, space transportation services
shall be considered to be a commercial item.
(b) Safety Standards.--Nothing in this section shall be construed
to prohibit the Federal Government from requiring compliance with
applicable safety standards.

83247334a74dd92c2bc1e98572c46d5fc4798302d9fb2bfdce489d35c21c3aeb

The Launch Services Purchase Act of 1990 (42 U.S.C. 2465b et seq.)
is amended--
(1) by striking section 202;
(2) in section 203--
(A) by striking paragraphs (1) and (2); and
(B) by redesignating paragraphs (3) and (4) as paragraphs
(1) and (2), respectively;
(3) by striking sections 204 and 205; and
(4) in section 206--
(A) by striking ``(a) Commercial Payloads on the Space
Shuttle.--''; and
(B) by striking subsection (b).

84bd910931c9de9a1b67d65ab9500f82d267cd53e62ad757e1a336024d2945ae

(a) Policy and Preparation.--The Administrator shall prepare for an
orderly transition from the Federal operation, or Federal management of
contracted operation, of space transportation systems to the Federal
purchase of commercial space transportation services for all
nonemergency space transportation requirements for transportation to
and from Earth orbit, including human, cargo, and mixed payloads. In
those preparations, the Administrator shall take into account the need
for short-term economies, as well as the goal of restoring the National
Aeronautics and Space Administration's research focus and its mandate
to promote the fullest possible commercial use of space. As part of
those preparations, the Administrator shall plan for the potential
privatization of the Space Shuttle program. Such plan shall keep safety
and cost effectiveness as high priorities. Nothing in this section
shall prohibit the National Aeronautics and Space Administration from
studying, designing, developing, or funding upgrades or modifications
essential to the safe and economical operation of the Space Shuttle
fleet.
(b) Feasibility Study.--The Administrator shall conduct a study of
the feasibility of implementing the recommendation of the Independent
Shuttle Management Review Team that the National Aeronautics and Space
Administration transition toward the privatization of the Space
Shuttle. The study shall identify, discuss, and, where possible,
present options for resolving, the major policy and legal issues that
must be addressed before the Space Shuttle is privatized, including--
(1) whether the Federal Government or the Space Shuttle
contractor should own the Space Shuttle orbiters and ground
facilities;
(2) whether the Federal Government should indemnify the
contractor for any third party liability arising from Space Shuttle
operations, and, if so, under what terms and conditions;
(3) whether payloads other than National Aeronautics and Space
Administration payloads should be allowed to be launched on the
Space Shuttle, how missions will be prioritized, and who will
decide which mission flies and when;
(4) whether commercial payloads should be allowed to be
launched on the Space Shuttle and whether any classes of payloads
should be made ineligible for launch consideration;
(5) whether National Aeronautics and Space Administration and
other Federal Government payloads should have priority over non-
Federal payloads in the Space Shuttle launch assignments, and what
policies should be developed to prioritize among payloads
generally;
(6) whether the public interest requires that certain Space
Shuttle functions continue to be performed by the Federal
Government; and
(7) how much cost savings, if any, will be generated by
privatization of the Space Shuttle.
(c) Report to Congress.--Within 60 days after the date of the
enactment of this Act, the National Aeronautics and Space
Administration shall complete the study required under subsection (b)
and shall submit a report on the study to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science
of the House of Representatives.

1ea2532272930718ac4f0d064a4d5e354e4a77624edef7c0df008fae91f85a37

(a) In general.--The Federal Government shall not--
(1) convert any missile described in subsection (c) to a space
transportation vehicle configuration; or
(2) transfer ownership of any such missile to another person,
except as provided in subsection (b).
(b) Authorized Federal Uses.--(1) A missile described in subsection
(c) may be converted for use as a space transportation vehicle by the
Federal Government 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 transmits to the Committee on
National Security and the Committee on Science 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--
(A) would result in cost savings to the Federal Government when
compared to the cost of acquiring space transportation services
from United States commercial providers;
(B) meets all mission requirements of the agency, including
performance, schedule, and risk requirements;
(C) is consistent with international obligations of the United
States; and
(D) is approved by the Secretary of Defense or his designee.
(2) The requirement under paragraph (1) that the certification
described in that paragraph must be transmitted at least 30 days before
conversion of the missile shall not apply if the Secretary of Defense
determines that compliance with that requirement would be inconsistent
with meeting immediate national security requirements.
(c) Missiles Referred to.-- The missiles referred to in this
section are missiles owned by the United States that--
(1) were formerly used by the Department of Defense for
national defense purposes as intercontinental ballistic missiles;
and
(2) have been declared excess to United States national defense
needs and are in compliance with international obligations of the
United States.

2817ba893f1dd2a934dce05b0ecbdda4d8113ce94d38f5a7da03dd05888b4c48

(a) Findings.--Congress finds that a robust satellite and launch
industry in the United States serves the interest of the United States
by--
(1) contributing to the economy of the United States;
(2) strengthening employment, technological, and scientific
interests of the United States; and
(3) serving the foreign policy and national security interests
of the United States.
(b) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Defense.
(2) Total potential national mission model.--The term ``total
potential national mission model'' means a model that--
(A) is determined by the Secretary, in consultation with
the Administrator, to assess the total potential space missions
to be conducted in the United States during a specified period
of time; and
(B) includes all launches in the United States (including
launches conducted on or off a Federal range).
(c) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall, in consultation with
the Administrator and appropriate representatives of the satellite
and launch industry and the governments of States and political
subdivisions thereof--
(A) prepare a report that meets the requirements of this
subsection; and
(B) submit that report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Science of the House of Representatives.
(2) Requirements for report.--The report prepared under this
subsection shall--
(A) identify the total potential national mission model for
the period beginning on the date of the report and ending on
December 31, 2007;
(B) identify the resources that are necessary or available
to carry out the total potential national mission model
described in subparagraph (A), including--
(i) launch property and services of the Department of
Defense, the National Aeronautics and Space Administration,
and non-Federal facilities; and
(ii) the ability to support commercial launch-on-demand
on short notification, taking into account Federal
requirements, at launch sites or test ranges in the United
States;
(C) identify each deficiency in the resources referred to
in subparagraph (B); and
(D) with respect to the deficiencies identified under
subparagraph (C), include estimates of the level of funding
necessary to address those deficiencies for the period
described in subparagraph (A).
(d) Recommendations.--Based on the reports under subsection (c),
the Secretary, after consultation with the Secretary of Transportation,
the Secretary of Commerce, and representatives from interested private
sector entities, States, and local governments, shall--
(1) identify opportunities for investment by non-Federal
entities (including States and political subdivisions thereof and
private sector entities) to assist the Federal Government in
providing launch capabilities for the commercial space industry in
the United States;
(2) identify one or more methods by which, if sufficient
resources referred to in subsection (c)(2)(D) are not available to
the Department of Defense and the National Aeronautics and Space
Administration, the control of the launch property and launch
services of the Department of Defense and the National Aeronautics
and Space Administration may be transferred from the Department of
Defense and the National Aeronautics and Space Administration to--
(A) one or more other Federal agencies;
(B) one or more States (or subdivisions thereof);
(C) one or more private sector entities; or
(D) any combination of the entities described in
subparagraphs (A) through (C); and
(3) identify the technical, structural, and legal impediments
associated with making launch sites or test ranges in the United
States viable and competitive.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

cebace228daa9ebc99a28fe6b70f67e9586ffd481ac9b361fa47d23c8f40136e

Commercial Space Act of 1998

Other Sections

TITLE I

TITLE II

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