TITLE I—PROMOTION OF COM-
MERCIAL SPACE OPPORTUNI-
TIES
SEC. 101. 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 develop-
ment, 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 Transpor-
tation of the Senate, within 90 days after the date of the
enactment of this Act, a study that identifies and exam-
ines—
(A) the opportunities for commercial providers to
play a role in International Space Station activities,
including operation, use, servicing, and augmenta-
tion;
(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 sub-
paragraph (A) the Administrator plans to make
available to commercial providers in fiscal years 1998
and 1999;
(D) the specific policies and initiatives the Ad-
ministrator 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 Commit-
tee on Commerce, Science, and Transportation of the Sen-
ate, within 180 days after the date of the enactment of this
Act, an independently-conducted market study that exam-
ines 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 para-
graph (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 budg-
et request for fiscal year 1999, a report detailing how many
proposals (whether solicited or not) the National Aero-
nautics and Space Administration received during cal-
endar year 1997 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 para-
graphs (1), (2), and (3) shall include consideration of the
potential role of State governments as brokers in promoting
commercial participation in the International Space Sta-
tion 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 sec-
tion 70104 to read as follows:
‘‘70104. Restrictions on launches, operations, and reentries.’’;
(B) by amending the item relating to sec-
tion 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 sec-
tion 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 ‘‘launch-
ing’’ 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 ‘‘con-
duct of commercial launch’’ in subsection (b)(3);
(M) by striking ‘‘launch’’ after ‘‘and trans-
fer commercial’’ in subsection (b)(3); and
(N) by inserting ‘‘and development of re-
entry sites,’’ after ‘‘launch-site support facili-
ties,’’ 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 ac-
tivities take place at a launch site in the United
States.’’;
(B) in paragraph (5)—
(i) by redesignating subparagraphs (A)
and (B) as subparagraphs (B) and (C), re-
spectively; and
(ii) by inserting before subparagraph
(B), as so redesignated by clause (i) of this
subparagraph, the following new subpara-
graph:
‘‘(A) activities directly related to the prepa-
ration of a launch site or payload facility for
one or more launches;’’;
(C) by inserting ‘‘or reentry vehicle’’ after
‘‘means of a launch vehicle’’ in paragraph (8);
(D) by redesignating paragraphs (10), (11),
and (12) as paragraphs (14), (15), and (16), re-
spectively;
(E) by inserting after paragraph (9) the fol-
lowing 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
outer space to Earth, substantially intact.’’; and
(F) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in para-
graph (15), as so redesignated by subparagraph
(D) 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:
‘‘§ 70104. Restrictions on launches, operations, and re-
entries’’;
(B) by inserting ‘‘or reentry site, or to reen-
ter 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) 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 in-
serting 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 Rep-
resentatives 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 per-
sonnel 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 insert-
ing in lieu thereof ‘‘, operation, or reentry’’ in
subsection (b)(2)(A);
(F) by striking ‘‘and’’ at the end of sub-
section (b)(2)(B);
(G) by striking the period at the end of sub-
section (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 accept-
ing or rejecting an application for a license under
this chapter within 60 days after receipt of such ap-
plication.’’; and
(I) by inserting ‘‘, including the require-
ment to obtain a license,’’ after ‘‘waive a require-
ment’’ in subsection (b)(3);
(7) in section 70106(a)—
(A) by inserting ‘‘or reentry site’’ after ‘‘ob-
server 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:
‘‘§ 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 re-
entry 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:
‘‘§ 70109. Preemption of scheduled launches or reen-
tries’’;
(B) in subsection (a)—
(i) by inserting ‘‘or reentry’’ after ‘‘en-
sure that a launch’’;
(ii) by inserting ‘‘, reentry site,’’ after
‘‘United States Government launch site’’;
(iii) by inserting ‘‘or reentry date com-
mitment’’ 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 re-
entry’’ 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 inserting ‘‘or reentry’’ after ‘‘com-
mercial launch’’ both places it appears in sub-
section (b)(1);
(E) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (b)(2)(C);
(F) 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.’’;
(G) 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
(H) by inserting ‘‘, reentry vehicle,’’ after
‘‘manufacturer of the launch vehicle’’ in sub-
section (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 sub-
section (b);
(F) by inserting ‘‘applicable’’ after ‘‘carried
out under the’’ in paragraphs (1) and (2) of sub-
section (b);
(G) by striking ‘‘, Space, and Technology’’
in subsection (d)(1);
(H) by inserting ‘‘OR REENTRIES’’ after
‘‘LAUNCHES’’ in the heading for subsection (e);
(I) by inserting ‘‘or reentry site or a re-
entry’’ after ‘‘launch site’’ in subsection (e); and
(J) 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 reen-
ter a reentry vehicle’’ after ‘‘operate a launch
site’’ in subsection (a);
(B) by inserting ‘‘or reentry’’ after ‘‘ap-
proval of a space launch’’ in subsection (d);
(C) by amending subsection (f) to read as
follows:
‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN IM-
PORT.—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.’’; 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, oper-
ation 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 sec-
tions:
‘‘§ 70120. Regulations
‘‘(a) IN GENERAL.—The Secretary of Transportation,
within 9 months after the date of the enactment of this sec-
tion, shall issue regulations to carry out this chapter that
include—
‘‘(1) guidelines for industry and State govern-
ments to obtain sufficient insurance coverage for po-
tential damages to third parties;
‘‘(2) procedures for requesting and obtaining li-
censes to launch a commercial launch vehicle;
‘‘(3) procedures for requesting and obtaining op-
erator licenses for launch;
‘‘(4) procedures for requesting and obtaining
launch site operator licenses; and
‘‘(5) procedures for the application of govern-
ment indemnification.
‘‘(b) REENTRY.—The Secretary of Transportation,
within 6 months after the date of the enactment of this sec-
tion, shall issue a notice of proposed rulemaking to carry
out this chapter that includes—
‘‘(1) procedures for requesting and obtaining li-
censes to reenter a reentry vehicle;
‘‘(2) procedures for requesting and obtaining op-
erator licenses for reentry; and
‘‘(3) procedures for requesting and obtaining re-
entry site operator licenses.
‘‘§ 70121. Report to Congress
‘‘The Secretary of Transportation shall submit to Con-
gress 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 Com-
mercial Space Transportation.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (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—
(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. PROMOTION OF UNITED STATES GLOBAL POSI-
TIONING SYSTEM STANDARDS.
(a) FINDING.—The Congress finds that the Global Po-
sitioning 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 sup-
port and sustain the Global Positioning System in a man-
ner that will most effectively contribute to the national secu-
rity, public safety, scientific, and economic interests of the
United States, the Congress encourages the President to—
(1) ensure the operation of the Global Position-
ing System on a continuous worldwide basis free of
direct user fees; and
(2) enter into international agreements that pro-
mote cooperation with foreign governments and inter-
national organizations to—
(A) establish the Global Positioning System
and its augmentations as an acceptable inter-
national standard; and
(B) eliminate any foreign barriers to appli-
cations of the Global Positioning System world-
wide.
SEC. 105. ACQUISITION OF SPACE SCIENCE DATA.
(a) ACQUISITION FROM COMMERCIAL PROVIDERS.—
The Administrator shall, to the maximum extent possible
and while satisfying the scientific requirements of the Na-
tional Aeronautics and Space Administration, acquire,
where cost effective, space science data from a commercial
provider.
(b) TREATMENT OF SPACE SCIENCE DATA AS COM-
MERCIAL ITEM UNDER ACQUISITION LAWS.—Acquisitions
of space science data by the Administrator shall be carried
out in accordance with applicable acquisition laws and reg-
ulations (including chapters 137 and 140 of title 10, United
States Code), except that space science data shall be consid-
ered to be a commercial item for purposes of such laws and
regulations (including section 2306a of title 10, United
States Code (relating to cost or pricing data), section 2320
of such title (relating to rights in technical data) and sec-
tion 2321 of such title (relating to validation of proprietary
data restrictions)).
(c) DEFINITION.—For purposes of this section, the
term ‘‘space science data’’ includes scientific data concern-
ing the elemental and mineralogical resources of the moon,
asteroids, planets and their moons, and comets, and 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 sys-
tems for the collection of space science data.
SEC. 106. ADMINISTRATION OF COMMERCIAL SPACE CEN-
TERS.
The Administrator shall administer the Commercial
Space Center program in a coordinated manner from Na-
tional Aeronautics and Space Administration headquarters.
(b) AMENDMENTS.—The Land Remote Sensing Policy
Act of 1992 is amended—
(1) in section 2 (15 U.S.C. 5601)—
(A) by amending paragraph (5) to read as
follows:
‘‘(5) Commercialization of land remote sensing is
a near-term goal, and should remain a long-term
goal, of United States policy.’’;
(B) by striking paragraph (6) and redesig-
nating paragraphs (7) through (16) as para-
graphs (6) through (15), respectively; and
(C) in paragraph (11), as so redesignated
by subparagraph (B) of this paragraph, by strik-
ing ‘‘determining the design’’ and all that follows
through ‘‘international consortium’’ and insert-
ing in lieu thereof ‘‘ensuring the continuity of
Landsat quality data’’;
(2) in section 101 (15 U.S.C. 5611)—
(A) in subsection (c)—
(i) by inserting ‘‘and’’ at the end of
paragraph (6);
(ii) by striking paragraph (7); and
(iii) by redesignating paragraph (8) as
paragraph (7); and
(B) in subsection (e)(1)—
(i) by inserting ‘‘and’’ at the end of
subparagraph (A);
(ii) by striking ‘‘, and’’ at the end of
subparagraph (B) and inserting in lieu
thereof a period; and
(iii) by striking subparagraph (C);
(3) in section 201 (15 U.S.C. 5621)—
(A) by inserting ‘‘(1)’’ after ‘‘NATIONAL SE-
CURITY.—’’ in subsection (b);
(B) in subsection (b)(1), as so redesignated
by subparagraph (A) of this paragraph, by strik-
ing ‘‘No license shall be granted by the Secretary
unless the Secretary determines in writing that
the applicant will comply’’ and inserting in lieu
thereof ‘‘The Secretary shall grant a license if the
Secretary determines that the activities proposed
in the application are consistent’’;
(C) by adding at the end of subsection (b)
the following new paragraph:
‘‘(2) The Secretary, within 6 months after the date of
the enactment of the Commercial Space Act of 1997, shall
publish in the Federal Register a complete and specific list
of all information required to comprise a complete applica-
tion for a license under this title. An application shall be
considered complete when the applicant has provided all in-
formation 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 informa-
tion necessary to complete an application, the Secretary
may not deny the application on the basis of the absence
of any such information.’’;
(D) in subsection (c), by amending the sec-
ond sentence thereof to read as follows: ‘‘If the
Secretary has not granted the license within such
120-day period, the Secretary shall inform the
applicant, within such period, of any pending
issues and actions required to be carried out by
the applicant or the Secretary in order to result
in the granting of a license.’’; and
(E) in subsection (e)(2)(B), by striking
‘‘and the importance of promoting widespread
access to remote sensing data from United States
and foreign systems’’;
(4) in section 202 (15 U.S.C. 5622)—
(A) by striking ‘‘section 506’’ in subsection
(b)(1) and inserting in lieu thereof ‘‘section
507’’;
(B) in subsection (b)(2), by striking ‘‘as
soon as such data are available and on reason-
able terms and conditions’’ and inserting in lieu
thereof ‘‘on reasonable terms and conditions, in-
cluding the provision of such data in a timely
manner’’;
(C) in subsection (b)(6), by striking ‘‘any
agreement’’ and inserting in lieu thereof ‘‘any
significant or substantial agreement relating to
land remote sensing’’; and
(D) by inserting after paragraph (6) of sub-
section (b) the following:
‘‘The Secretary may not seek to enjoin a company from en-
tering into a foreign agreement the Secretary receives notifi-
cation of under paragraph (6) unless the Secretary has,
within 30 days after receipt of such notification, transmit-
ted to the licensee a statement that such agreement is incon-
sistent with the national security or international obliga-
tions of the United States, including an explanation of such
inconsistency.’’;
(5) in section 203(a)(2) (15 U.S.C. 5623(a)(2)),
by striking ‘‘under this title and’’ and inserting in
lieu thereof ‘‘under this title and/or’’;
(6) in section 204 (15 U.S.C. 5624), by striking
‘‘may’’ and inserting in lieu thereof ‘‘shall’’;
(7) in section 205(c) (15 U.S.C. 5625(c)), by
striking ‘‘if such remote sensing space system is li-
censed by the Secretary before commencing operation’’
and inserting in lieu thereof ‘‘if such private remote
sensing space system will be licensed by the Secretary
before commencing its commercial operation’’;
(8) by adding at the end of title II the following
new section:
‘‘SEC. 206. NOTIFICATION.
‘‘(a) LIMITATIONS ON LICENSEE.—Not later than 30
days after a determination by the Secretary to require a
licensee to limit collection or distribution of data from a
system licensed under this title, the Secretary shall provide
written notification to Congress of such determination, in-
cluding the reasons therefor, the limitations imposed on the
licensee, and the period during which such limitations
apply.
‘‘(b) TERMINATION, MODIFICATION, 
OR
SUSPEN-
SION.—Not later than 30 days after an action by the Sec-
retary to seek an order of injunction or other judicial deter-
mination pursuant to section 202(b) or section 203(a)(2),
the Secretary shall provide written notification to Congress
of such action and the reasons therefor.’’;
(9) in section 301 (15 U.S.C. 5631)—
(A) by inserting ‘‘, that are not being com-
mercially developed’’ after ‘‘and its environ-
ment’’ in subsection (a)(2)(B); and
(B) by adding at the end the following new
subsection:
‘‘(d) DUPLICATION OF COMMERCIAL SECTOR ACTIVI-
TIES.—The Federal Government shall not undertake activi-
ties under this section which duplicate activities available
from the United States commercial sector, unless such ac-
tivities would result in significant cost savings to the Fed-
eral Government, or are necessary for reasons of national
security or international obligations.’’;
(10) in section 302 (15 U.S.C. 5632)—
(A) by striking ‘‘(a) GENERAL RULE.—’’;
(B) by striking ‘‘, including unenhanced
data gathered under the technology demonstra-
tion program carried out pursuant to section
303,’’ and inserting in lieu thereof ‘‘that is not
otherwise available from the commercial sector’’;
and
(C) by striking subsection (b);
(11) by repealing section 303 (15 U.S.C. 5633);
(12) in section 401(b)(3) (15 U.S.C. 5641(b)(3)),
by striking ‘‘, including any such enhancements devel-
oped under the technology demonstration program
under section 303,’’;
(13) in section 501(a) (15 U.S.C. 5651(a)), by
striking ‘‘section 506’’ and inserting in lieu thereof
‘‘section 507’’;
(14) in section 502(c)(7) (15 U.S.C. 5652(c)(7)),
by striking ‘‘section 506’’ and inserting in lieu thereof
‘‘section 507’’; and
(15) in section 507 (15 U.S.C. 5657)—
(A) by amending subsection (a) to read as
follows:
‘‘(a) RESPONSIBILITY OF THE SECRETARY OF DE-
FENSE.—The Secretary shall consult with the Secretary of
Defense on all matters under title II affecting national secu-
rity. The Secretary of Defense shall be responsible for deter-
mining those conditions, consistent with this Act, necessary
to meet national security concerns of the United States, and
for notifying the Secretary promptly of such conditions. Not
later than 180 days after the date of the enactment of the
Commercial Space Act of 1997, the Secretary of Defense
shall publish in Commerce Business Daily, for the purpose
of soliciting comments, notice of all national security con-
cerns that pertain to the licensing of private remote sensing
space systems. Not later than 60 days after receiving a re-
quest from the Secretary, the Secretary of Defense shall no-
tify the Secretary and the licensee of, and describe in detail,
any specific national security concerns of the United States
that the Secretary of Defense determines are an appropriate
reason for delaying, modifying, or rejecting a license appli-
cation. The Secretary of Defense shall concurrently rec-
ommend to the Secretary any conditions for a license issued
under title II, consistent with this Act, that the Secretary
of Defense considers necessary to secure the national secu-
rity concerns of the United States. If no such notification
has been received by the Secretary within such 60-day pe-
riod, the Secretary shall deem activities proposed in the li-
cense application to be consistent with the protection of the
national security of the United States.’’;
(B) by striking subsection (b)(1) and (2)
and inserting in lieu thereof the following:
‘‘(b) 
RESPONSIBILITY
OF
THE
SECRETARY
OF
STATE.—(1) The Secretary shall consult with the Secretary
of State on all matters under title II affecting international
obligations of the United States. The Secretary of State
shall be responsible for determining those conditions, con-
sistent with this Act, necessary to meet international obliga-
tions of the United States and for notifying the Secretary
promptly of such conditions. Not later than 180 days after
the date of the enactment of the Commercial Space Act of
1997, the Secretary of State shall publish in Commerce
Business Daily, for the purpose of soliciting comments, no-
tice of all international obligations of the United States that
pertain to the licensing of private remote sensing space sys-
tems. Not later than 60 days after receiving a request from
the Secretary, the Secretary of State shall notify the Sec-
retary and the licensee of, and describe in detail, any spe-
cific international obligations of the United States that the
Secretary of State determines are an appropriate reason
for delaying, modifying, or rejecting a license application.
The Secretary of State shall concurrently recommend to the
Secretary any conditions for a license issued under title II,
consistent with this Act, that the Secretary of State consid-
ers necessary to secure the international obligations of the
United States. If no such notification has been received by
the Secretary within such 60-day period, the Secretary shall
deem activities proposed in the license application to be
consistent with the international obligations of the United
States.
‘‘(2) Appropriate United States Government agencies
are authorized and encouraged to provide to developing na-
tions, as a component of international aid, resources for
purchasing remote sensing data, training, and analysis
from commercial providers.’’; and
(C) in subsection (d), by striking ‘‘Secretary
may require’’ and inserting in lieu thereof ‘‘Sec-
retary shall, where appropriate, require’’.
SEC. 202. ACQUISITION OF EARTH SCIENCE DATA.
(a) ACQUISITION.—For purposes of meeting Govern-
ment goals for Mission to Planet Earth, the Administrator
shall, to the maximum extent possible and while satisfying
the scientific requirements of the National Aeronautics and
Space Administration, acquire, where cost-effective, space-
based and airborne Earth remote sensing data, services, dis-
tribution, and applications from a commercial provider.
(b) TREATMENT AS COMMERCIAL ITEM UNDER ACQUI-
SITION LAWS.—Acquisitions by the Administrator of the
data, services, distribution, and applications referred to in
subsection (a) shall be carried out in accordance with appli-
cable acquisition laws and regulations (including chapters
137 and 140 of title 10, United States Code), except that
such data, services, distribution, and applications shall be
considered to be a commercial item for purposes of such
laws and regulations (including section 2306a of title 10,
United States Code (relating to cost or pricing data), sec-
tion 2320 of such title (relating to rights in technical data)
and section 2321 of such title (relating to validation of pro-
prietary data restrictions)).
(c) STUDY.—(1) The Administrator shall conduct a
study to determine the extent to which the baseline scientific
requirements of Mission to Planet Earth can be met by com-
mercial 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 avail-
ability of information from the National Aeronautics
and Space Administration to commercial providers to
enable commercial providers to better meet the base-
line scientific requirements of Mission to Planet
Earth;
(B) make recommendations to promote the dis-
semination to commercial providers of information on
advanced technology research and development per-
formed by or for the National Aeronautics and Space
Administration; and
(C) identify policy, regulatory, and legislative
barriers to the implementation of the recommenda-
tions made under this subsection.
(3) The results of the study conducted under this sub-
section 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 Sens-
ing Program at the Stennis Space Center.
TITLE 
III—FEDERAL 
ACQUISI-
TION OF SPACE TRANSPOR-
TATION SERVICES
SEC. 301. 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 pro-
viders whenever such services are required in the course of
its activities. To the maximum extent practicable, the Fed-
eral 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 unac-
ceptable 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) it is more cost effective to transport a pay-
load in conjunction with a test or demonstration of
a space transportation vehicle owned by the Federal
Government; or
(6) a payload can make use of the available
cargo space on a Space Shuttle mission as a second-
ary payload, and such payload is consistent with the
requirements of research, development, demonstration,
scientific, commercial, and educational programs au-
thorized by the Administrator.
(c) DELAYED EFFECT.—Subsection (a) shall not apply
to space transportation services and space transportation
vehicles acquired or owned by the Federal Government be-
fore 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 acquir-
ing, owning, or maintaining space transportation vehicles
solely for historical display purposes.
SEC. 302. ACQUISITION OF SPACE TRANSPORTATION SERV-
ICES.
(a) TREATMENT OF SPACE TRANSPORTATION SERV-
ICES AS COMMERCIAL ITEM UNDER ACQUISITION LAWS.—
Acquisitions of space transportation services by the Federal
Government shall be carried out in accordance with appli-
cable acquisition laws and regulations (including chapters
137 and 140 of title 10, United States Code), except that
space transportation services shall be considered to be a
commercial item for purposes of such laws and regulations
(including section 2306a of title 10, United States Code (re-
lating to cost or pricing data), section 2320 of such title
(relating to rights in technical data) and section 2321 of
such title (relating to validation of proprietary data restric-
tions)).
(b) SAFETY STANDARDS.—Nothing in this section shall
be construed to prohibit the Federal Government from re-
quiring compliance with applicable safety standards.
SEC. 303. LAUNCH SERVICES PURCHASE ACT OF 1990
AMENDMENTS.
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 PAY-
LOADS ON THE SPACE SHUTTLE.—’’; and
(B) by striking subsection (b).