[105th Congress Public Law 303]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ303.105]
[[Page 112 STAT. 2843]]
Public Law 105-303
105th Congress
An Act
To encourage the development of a commercial space industry in the
United States, and for other purposes. <<NOTE: Oct. 28, 1998 - [H.R.
1702]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Commercial Space Act of
1998.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 42 USC 14701 note.>> Act may be cited
as the ``Commercial Space Act of 1998''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
Sec. 101. Commercialization of Space Station.
Sec. 102. Commercial space launch amendments.
Sec. 103. Launch voucher demonstration program.
Sec. 104. Promotion of United States Global Positioning System
standards.
Sec. 105. Acquisition of space science data.
Sec. 106. Administration of Commercial Space Centers.
Sec. 107. Sources of Earth science data.
TITLE II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
Sec. 201. Requirement to procure commercial space transportation
services.
Sec. 202. Acquisition of commercial space transportation services.
Sec. 203. Launch Services Purchase Act of 1990 amendments.
Sec. 204. Shuttle privatization.
Sec. 205. Use of excess intercontinental ballistic missiles.
Sec. 206. National launch capability study.
SEC. 2. <<NOTE: 42 USC 14701.>> DEFINITIONS.
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
[[Page 112 STAT. 2844]]
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).
[[Page 112 STAT. 2845]]
TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
SEC. 101. <<NOTE: 42 USC 14711.>> COMMERCIALIZATION OF SPACE STATION.
(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.
[[Page 112 STAT. 2846]]
(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.
SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(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)--
[[Page 112 STAT. 2847]]
(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
[[Page 112 STAT. 2848]]
(iii) by inserting ``or reentering'' after
``related to launching''; and
(E) in subsection (c)--
(i) by amending the subsection heading to read
as follows: ``Preventing Launches and Reentries.--
'';
(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) <<NOTE: Notice. Deadline.>> 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:
[[Page 112 STAT. 2849]]
``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.'';
[[Page 112 STAT. 2850]]
(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:
[[Page 112 STAT. 2851]]
``Sec. 70120. Regulations
``(a) In General.--The <<NOTE: Deadline.>> 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 <<NOTE: 49 USC 70105 note.>> 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).
SEC. 103. LAUNCH VOUCHER DEMONSTRATION PROGRAM.
Section 504 of the National Aeronautics and Space Administration
Authorization Act, Fiscal Year 1993 (15 U.S.C. 5803) is
amended--
[[Page 112 STAT. 2852]]
(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.
SEC. 104. <<NOTE: 42 USC 14712.>> PROMOTION OF UNITED STATES GLOBAL
POSITIONING SYSTEM 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.
SEC. 105. <<NOTE: 42 USC 14713.>> ACQUISITION OF SPACE SCIENCE DATA.
(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
[[Page 112 STAT. 2853]]
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.
SEC. 106. <<NOTE: 42 USC 14714.>> ADMINISTRATION OF COMMERCIAL SPACE
CENTERS.
The Administrator shall administer the Commercial Space Center
program in a coordinated manner from National Aeronautics and Space
Administration headquarters in Washington, D.C.
SEC. 107. <<NOTE: 42 USC 14715.>> SOURCES OF EARTH SCIENCE DATA.
(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
[[Page 112 STAT. 2854]]
(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) <<NOTE: Federal Register, publication.>> 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''.
TITLE II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
SEC. 201. <<NOTE: 42 USC 14731.>> REQUIREMENT TO PROCURE COMMERCIAL
SPACE TRANSPORTATION 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;
[[Page 112 STAT. 2855]]
(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.
SEC. 202. <<NOTE: 42 USC 14732.>> ACQUISITION OF COMMERCIAL SPACE
TRANSPORTATION SERVICES.
(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.
SEC. 203. LAUNCH SERVICES PURCHASE ACT OF 1990 AMENDMENTS.
The Launch Services Purchase Act of 1990 (42 U.S.C. 2465b et seq.)
is amended--
(1) <<NOTE: 42 USC 2465b.>> by striking section 202;
(2) <<NOTE: 42 USC 2465c.>> 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) <<NOTE: 42 USC 2465d, 2465e.>> by striking sections 204
and 205; and
(4) <<NOTE: 42 USC 2465f.>> in section 206--
[[Page 112 STAT. 2856]]
(A) by striking ``(a) Commercial Payloads on the
Space Shuttle.--''; and
(B) by striking subsection (b).
SEC. 204. <<NOTE: 42 USC 14733.>> SHUTTLE PRIVATIZATION.
(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
[[Page 112 STAT. 2857]]
(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.
SEC. 205. <<NOTE: 42 USC 14734.>> USE OF EXCESS INTERCONTINENTAL
BALLISTIC MISSILES.
(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.
SEC. 206. <<NOTE: 42 USC 14735.>> NATIONAL LAUNCH CAPABILITY STUDY.
(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--
[[Page 112 STAT. 2858]]
(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 <<NOTE: Deadline.>> 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;
[[Page 112 STAT. 2859]]
(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.
Approved October 28, 1998.
LEGISLATIVE HISTORY--H.R. 1702:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-347 (Comm. on Science).
SENATE REPORTS: No. 105-198 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 143 (1997):
Nov. 4, considered and passed House.
Vol. 144 (1998):
July 30, considered and passed
Senate, amended.
Oct. 5, House concurred in Senate
amendment with an amendment.
Oct. 8, Senate concurred in House
amendment.
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