IV
105TH CONGRESS
2D SESSION
H. RES. 572
Providing for the consideration of the bill H.R. 1702 and the Senate
amendment thereto.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 5, 1998
Mr. SENSENBRENNER submitted the following resolution; which was
considered and agreed to
RESOLUTION
Providing for the consideration of the bill H.R. 1702 and
the Senate amendment thereto.
Resolved, That, upon the adoption of this resolution,
the House shall be considered to have taken from the
Speaker’s table the bill H.R. 1702 together with the Sen-
ate amendment thereto, and to have concurred in the Sen-
ate amendment with an amendment as follows: In lieu of
the matter proposed to be inserted by the Senate amend-
ment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Commercial Space Act of 1998’’.
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(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. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator 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
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the space transportation vehicle itself except for its
components which are specifically designed or adapt-
ed for that payload;
(4) the term ‘‘space-related activities’’ includes
research and development, manufacturing, process-
ing, service, and other associated and support activi-
ties;
(5) the term ‘‘space transportation services’’
means the preparation of a space transportation ve-
hicle 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 op-
erating in, or transporting a payload to, from, or
within, outer space, or in suborbital trajectory, and
includes any component of such vehicle not specifi-
cally 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 common-
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wealth, territory, or possession of the United States;
and
(8) the term ‘‘United States commercial pro-
vider’’ 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 evi-
denced a substantial commitment to the
United States market through—
(I) investments in the United
States in long-term research, develop-
ment, 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 de-
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scribed in subparagraph (A) comparable to
that afforded to such foreign company’s
subsidiary in the United States, as evi-
denced by—
(I) providing comparable oppor-
tunities 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 ef-
fective protection for the intellectual
property rights of companies de-
scribed in subparagraph (A).
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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 Con-
gress further declares that free and competitive markets
create the most efficient conditions for promoting eco-
nomic development, and should therefore govern the eco-
nomic 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 ca-
pabilities to the Space Station, and the resulting fullest
possible engagement of commercial providers and partici-
pation of commercial users, will reduce Space Station
operational costs for all partners and the Federal Govern-
ment’s share of the United States burden to fund oper-
ations.
(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—
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(A) the opportunities for commercial providers
to play a role in International Space Station activi-
ties, including operation, use, servicing, and aug-
mentation;
(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
1999 and 2000;
(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 Com-
mittee 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 pro-
viding commercial goods and services for the operation,
servicing, and augmentation of the International Space
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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 oper-
ation, servicing, utilization, or augmentation of the Inter-
national Space Station, broken down by each of these four
categories, and specifying how many agreements the Na-
tional 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 promot-
ing 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—
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(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);
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(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)—
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(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) 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—
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‘‘(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 in-
tact.’’; and
(E) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in para-
graph (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);
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(5) in section 70104—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70104. Restrictions on launches, operations, and
reentries’’;
(B) by inserting ‘‘or reentry site, or to re-
enter 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 head-
ing to read as follows: ‘‘PREVENTING
LAUNCHES AND REENTRIES.—’’;
(ii) by inserting ‘‘or reentry’’ after
‘‘prevent the launch’’; and
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(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, serv-
ices, or personnel that may be used in conducting licensed
commercial space launch or reentry activities.’’;
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(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
subsection (b)(2)(C) and inserting in lieu there-
of ‘‘; and’’;
(H) by adding at the end of subsection
(b)(2) the following new subparagraph:
‘‘(D) regulations establishing criteria for ac-
cepting or rejecting an application for a license
under this chapter within 60 days after receipt of
such application.’’; and
(I) by inserting ‘‘, including the require-
ment to obtain a license,’’ after ‘‘waive a re-
quirement’’ 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
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(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 ‘‘oper-
ation 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
‘‘ensure that a launch’’;
(ii) by inserting ‘‘, reentry site,’’ after
‘‘United States Government launch site’’;
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(iii) by inserting ‘‘or reentry date
commitment’’ after ‘‘launch date commit-
ment’’;
(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 ‘‘pre-
vent the launch’’ in subsection (a)(2); and
(B) by inserting ‘‘or reentry site, or re-
entry 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);
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(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 ‘‘com-
mercial launch’’ both places it appears in sub-
section (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 sub-
section (d);
(12) in section 70112—
(A) in subsection (a)(1), by inserting
‘‘launch or reentry’’ after ‘‘(1) When a’’;
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(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 ‘‘car-
ried 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 re-
entry’’ 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
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(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 re-
enter 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
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 pay-
loads 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, op-
eration of a launch vehicle or reentry vehi-
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cle, 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:
‘‘§ 70120. Regulations
‘‘(a) IN GENERAL.—The Secretary of Transpor-
tation, 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 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
operator 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
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‘‘§ 70119. Authorization of appropriations
‘‘There are authorized to be appropriated to the Sec-
retary 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 Sep-
tember 30, 1999; and
‘‘(2) $6,600,000 for the fiscal year ending Sep-
tember 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).
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.
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SEC. 104. PROMOTION OF UNITED STATES GLOBAL POSI-
TIONING 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 na-
tional security, public safety, scientific, and economic in-
terests 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;
(2) enter into international agreements that
promote cooperation with foreign governments and
international organizations to—
(A) establish the Global Positioning Sys-
tem and its augmentations as an acceptable
international standard; and
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(B) eliminate any foreign barriers to appli-
cations of the Global Positioning System world-
wide; and
(3) provide clear direction and adequate re-
sources 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 manage-
ment of the electromagnetic spectrum used by
the Global Positioning System; and
(B) protect that spectrum from disruption
and interference.
SEC. 105. 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 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,
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United States Code). For purposes of such law and regula-
tions, space science data shall be considered to be a com-
mercial 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 concern-
ing—
(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 stand-
ards.
(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.
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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 head-
quarters in Washington, DC.
SEC. 107. SOURCES OF EARTH SCIENCE DATA.
(a) ACQUISITION.—The Administrator shall, to the
extent possible and while satisfying the scientific or edu-
cational 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 AC-
QUISITION 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, serv-
ices, 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
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rights in data to meet the needs of the scientific and edu-
cational community or the needs of other government ac-
tivities.
(c) STUDY.—(1) The Administrator shall conduct a
study to determine the extent to which the baseline sci-
entific requirements of Earth Science 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
availability of information from the National Aero-
nautics 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 dis-
semination 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 recommenda-
tions made under this subsection.
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(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 stand-
ards.
(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 spe-
cific 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 pro-
vided all information required by the list most recently
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published in the Federal Register before the date the ap-
plication was first submitted. Unless the Secretary has,
within 30 days after receipt of an application, notified the
applicant of information necessary to complete an applica-
tion, 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 insert-
ing ‘‘significant or substantial’’ after ‘‘Secretary of
any’’.
TITLE 
II—FEDERAL 
ACQUISI-
TION OF SPACE TRANSPOR-
TATION SERVICES
SEC. 
201. 
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 prac-
ticable, the Federal Government shall plan missions to ac-
commodate the space transportation services capabilities
of United States commercial providers.
•HRES 572 ATH
(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 Ad-
ministrator 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 oppor-
tunity;
(4) the use of space transportation services
from United States commercial providers is incon-
sistent with national security objectives;
(5) the use of space transportation services
from United States commercial providers is incon-
sistent with international agreements for inter-
national collaborative efforts relating to science and
technology;
(6) it is more cost effective to transport a pay-
load in conjunction with a test or demonstration of
•HRES 572 ATH
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 second-
ary payload, and such payload is consistent with the
requirements of research, development, demonstra-
tion, scientific, commercial, and educational pro-
grams authorized by the Administrator.
Nothing in this section shall prevent the Administrator
from planning or negotiating agreements with foreign en-
tities 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 transpor-
tation vehicles acquired or owned by the Federal Govern-
ment before the date of the enactment of this Act, or with
respect to which a contract for such acquisition or owner-
ship has been entered into before such date.
(d) HISTORICAL PURPOSES.—This section shall not
be construed to prohibit the Federal Government from ac-
quiring, owning, or maintaining space transportation vehi-
cles solely for historical display purposes.
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SEC. 202. ACQUISITION OF COMMERCIAL SPACE TRANS-
PORTATION SERVICES.
(a) TREATMENT OF COMMERCIAL SPACE TRANSPOR-
TATION SERVICES AS COMMERCIAL ITEM UNDER ACQUI-
SITION LAWS.—Acquisitions of space transportation serv-
ices by the Federal Government shall be carried out in
accordance with applicable acquisition laws and regula-
tions (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 stand-
ards.
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) 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
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(4) in section 206—
(A) by striking ‘‘(a) COMMERCIAL PAY-
LOADS ON THE SPACE SHUTTLE.—’’; and
(B) by striking subsection (b).
SEC. 204. SHUTTLE PRIVATIZATION.
(a) POLICY AND PREPARATION.—The Administrator
shall prepare for an orderly transition from the Federal
operation, or Federal management of contracted oper-
ation, of space transportation systems to the Federal pur-
chase 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 Ad-
ministrator 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 Adminis-
trator 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 Admin-
istration from studying, designing, developing, or funding
upgrades or modifications essential to the safe and eco-
nomical operation of the Space Shuttle fleet.
•HRES 572 ATH
(b) FEASIBILITY STUDY.—The Administrator shall
conduct a study of the feasibility of implementing the rec-
ommendation of the Independent Shuttle Management Re-
view Team that the National Aeronautics and Space Ad-
ministration 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 in-
demnify 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 Aero-
nautics 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 al-
lowed to be launched on the Space Shuttle and
whether any classes of payloads should be made in-
eligible for launch consideration;
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(5) whether National Aeronautics and Space
Administration and other Federal Government pay-
loads should have priority over non-Federal payloads
in the Space Shuttle launch assignments, and what
policies should be developed to prioritize among pay-
loads generally;
(6) whether the public interest requires that
certain Space Shuttle functions continue to be per-
formed by the Federal Government; and
(7) how much cost savings, if any, will be gen-
erated by privatization of the Space Shuttle.
(c) REPORT TO CONGRESS.—Within 60 days after
the date of the enactment of this Act, the National Aero-
nautics 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.
SEC. 205. 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
•HRES 572 ATH
(2) transfer ownership of any such missile to
another person, except as provided in subsection (b).
(b) AUTHORIZED FEDERAL USES.—(1) A missile de-
scribed 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 Com-
mittee on Armed Services and the Committee on Com-
merce, Science, and Transportation of the Senate, a cer-
tification 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 agen-
cy, including performance, schedule, and risk re-
quirements;
(C) is consistent with international obligations
of the United States; and
(D) is approved by the Secretary of Defense or
his designee.
•HRES 572 ATH
(2) The requirement under paragraph (1) that the
certification described in that paragraph must be trans-
mitted 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 interconti-
nental 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. NATIONAL LAUNCH CAPABILITY STUDY.
(a) FINDINGS.—Congress finds that a robust satellite
and launch industry in the United States serves the inter-
est 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 secu-
rity interests of the United States.
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(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 con-
sultation 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 Sec-
retary 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 re-
quirements of this subsection; and
(B) submit that report to the Committee
on Commerce, Science, and Transportation of
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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 nec-
essary or available to carry out the total poten-
tial national mission model described in sub-
paragraph (A), including—
(i) launch property and services of the
Department of Defense, the National Aero-
nautics 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 re-
sources referred to in subparagraph (B); and
(D) with respect to the deficiencies identi-
fied under subparagraph (C), include estimates
•HRES 572 ATH
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 1 or more methods by which, if suf-
ficient 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 serv-
ices of the Department of Defense and the National
Aeronautics and Space Administration may be trans-
ferred from the Department of Defense and the Na-
tional Aeronautics and Space Administration to—
(A) 1 or more other Federal agencies;