I
105TH CONGRESS
1ST SESSION
H. R. 1702
To encourage the development of a commercial space industry in the United
States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 1997
Mr. SENSENBRENNER (for himself, Mr. ROHRABACHER, Mr. BROWN of Cali-
fornia, Mr. CRAMER, and Ms. JACKSON-LEE of Texas) introduced the fol-
lowing bill; which was referred to the Committee on Science
A BILL
To encourage the development of a commercial space
industry in the United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Commercial Space Act of 1997’’.
(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.
TITLE II—REMOTE SENSING
Sec. 201. Land Remote Sensing Policy Act of 1992 amendments.
Sec. 202. Acquisition of earth science data.
TITLE III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION
SERVICES
Sec. 301. Requirement to procure commercial space transportation services.
Sec. 302. Acquisition of space transportation services.
Sec. 303. Launch Services Purchase Act of 1990 amendments.
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
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-
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-
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).
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—
(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 year 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 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
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 1999, a report detailing how
many proposals (whether solicited or not) the National
Aeronautics and Space Administration received during
calendar year 1997 regarding commercial operation, serv-
icing, utilization, or augmentation of the International
Space Station, broken down by each of these four cat-
egories, 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.
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) by striking ‘‘and any payload’’ and in-
serting in lieu thereof ‘‘or reentry vehicle and
any payload from Earth’’ in paragraph (3);
(B) in paragraph (5)—
(i) by redesignating subparagraphs
(A) and (B) as subparagraphs (B) and
(C), respectively; 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 prep-
aration 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), respectively;
(E) 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
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
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
(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 7 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 certification of the safety of
launch vehicles, reentry vehicles, safety systems, proce-
dures, services, or personnel that may be used in conduct-
ing licensed commercial space launch or reentry activi-
ties.’’;
(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
(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’’;
(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);
(C) in subsection (a)(1), by inserting after
subparagraph (B) the following:
‘‘The Secretary shall coordinate the establishment of cri-
teria and procedures for determining the priority of com-
peting requests from the private sector and State govern-
ments for property and services under this section.’’;
(D) by inserting ‘‘or reentry services’’ after
‘‘or launch services’’ in subsection (a)(2);
(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, reentry, or site operator’’ 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, reentry, or site operator’’ 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 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,
reentry, or site operator’’ 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 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.’’; 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-
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
‘‘The Secretary of Transportation, within 6 months
after the date of the enactment of this section, shall issue
regulations to carry out this chapter that include—
‘‘(1) guidelines for industry to obtain sufficient
insurance coverage for potential damages to third
parties;
‘‘(2) procedures for requesting and obtaining li-
censes to operate a commercial launch vehicle or re-
entry vehicle;
‘‘(3) procedures for requesting and obtaining
operator licenses for launch or reentry;
‘‘(4) procedures for requesting and obtaining
launch site or reentry site operator licenses; and
‘‘(5) procedures for the application of govern-
ment indemnification.
‘‘§ 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 Com-
mercial Space Transportation.’’.
(b) 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.
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; and
(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
(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, Unit-
ed States Code), except that space science data 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
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, Earth en-
vironmental data obtained through remote sensing obser-
vations, 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 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.
TITLE II—REMOTE SENSING
SEC. 201. LAND REMOTE SENSING POLICY ACT OF 1992
AMENDMENTS.
(a) FINDINGS.—The Congress finds that—
(1) a robust domestic United States industry in
high resolution Earth remote sensing is in the eco-
nomic, employment, technological, scientific, and na-
tional security interests of the United States;
(2) to secure its national interests the United
States must nurture a commercial remote sensing
industry that leads the world;
(3) the Federal Government must provide a sta-
ble business environment for that industry to suc-
ceed and fulfill the national interest; and
(4) it is the responsibility of the Federal Gov-
ernment to create domestic and international condi-
tions favorable to the health and growth of the Unit-
ed States commercial remote sensing industry.
(b) AMENDMENTS.—The Land Remote Sensing Pol-
icy 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
striking ‘‘determining the design’’ and all that
follows through ‘‘international consortium’’ and
inserting in lieu thereof ‘‘ensuring the continu-
ity of Landsat quality data’’;
(2) in section 101 (15 U.S.C. 5611)—
(A) by inserting the following after sub-
section (b)(4):
‘‘The Director of the Office of Science and Technology
Policy shall, no later than 60 days after the date of the
enactment of the Commercial Space Act of 1997, transmit
the management plan to the Committee on Science of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate.’’;
(B) 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
(C) 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
SECURITY.—’’ in subsection (b);
(B) in subsection (b)(1), as so designated
by subparagraph (A) of this paragraph, by
striking ‘‘No license’’ and inserting in lieu
thereof ‘‘Except as provided in paragraph (3),
no license’’;
(C) by adding at the end of subsection (b)
the following new paragraphs:
‘‘(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 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
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.
‘‘(3) The Secretary shall grant a license under this
title to any United States commercial provider (as such
term is defined in section 2 of the Commercial Space Act
of 1997) whose application is in full compliance with the
requirements of this title.’’;
(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 pend-
ing 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,
including 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
subsection (b) the following:
‘‘The Secretary may not seek to enjoin a company from
entering into a foreign agreement the Secretary receives
notification of under paragraph (6) unless the Secretary
has, within 30 days after receipt of such notification,
transmitted to the licensee a statement that such agree-
ment is inconsistent with the national security or inter-
national obligations of the United States, including an ex-
planation of such inconsistency.’’;
(5) in section 203 (15 U.S.C. 5623)—
(A) in subsection (a)(2), by striking
‘‘under this title and’’ and inserting in lieu
thereof ‘‘under this title or’’;
(B) in subsection (a)(3), by striking ‘‘pro-
vide penalties’’ and inserting in lieu thereof
‘‘seek, in a United States District Court with
personal jurisdiction over the licensee, pen-
alties’’; and
(C) in subsection (b), by striking ‘‘(a)(3),’’;
(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 oper-
ation’’ and inserting in lieu thereof ‘‘if such private
remote sensing space system will be licensed by the
Secretary before commencing its commercial oper-
ation’’;
(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 de-
termination 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 ac-
tivities under this section which duplicate activities avail-
able from the United States commercial sector, unless
such activities would result in significant cost savings to
the Federal Government.’’;
(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 sec-
tor’’; 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 en-
hancements developed under the technology dem-
onstration 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 this section affecting na-
tional security. The Secretary of Defense shall be respon-
sible for determining 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 Busi-
ness Daily, for the purpose of soliciting comments, notice
of all national security concerns that pertain to the licens-
ing of private remote sensing space systems. Not later
than 60 days after receiving a request from the Secretary,
the Secretary of Defense shall notify 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 delay-
ing, modifying, or rejecting a license application. The Sec-
retary of Defense shall concurrently recommend 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 security con-
cerns 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 protection of the na-
tional 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 Sec-
retary of State on all matters under this section affecting
international obligations of the United States. The Sec-
retary of State shall be responsible for determining those
conditions, consistent with this Act, necessary to meet
international obligations of the United States and for noti-
fying the Secretary promptly of such conditions. Not later
than 180 days after the date of the enactment of the Com-
mercial Space Act of 1997, the Secretary of State shall
publish in Commerce Business Daily, for the purpose of
soliciting comments, notice of all international obligations
of the United States that pertain to the licensing of pri-
vate remote sensing space systems. Not later than 60 days
after receiving a request from the Secretary, the Secretary
of State shall notify the Secretary and the licensee of, and
describe in detail, any specific international obligations of
the United States that the Secretary of State determines
are an appropriate reason for delaying, modifying, or re-
jecting 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 considers 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
nations, as a component of international aid, resources for
purchasing remote sensing data, training, and analysis
from United States commercial providers.’’; and
(C) in subsection (d), by striking ‘‘Sec-
retary may require’’ and inserting in lieu there-
of ‘‘Secretary shall, where appropriate, re-
quire’’.
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, serv-
ices, distribution, and applications from a commercial pro-
vider.
(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),
except that such data, services, distribution, and applica-
tions shall be considered to be a commercial item for pur-
poses 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 section 2321 of such title
(relating to validation of proprietary data restrictions)).
(c) STUDY.—(1) The Administrator shall conduct a
study to determine the extent to which the baseline sci-
entific requirements of Mission to Planet Earth can be
met by commercial providers, and how the National Aero-
nautics and Space Administration will meet such require-
ments 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 Mission
to Planet Earth;
(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.
(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.
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
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.
(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;
quiring, owning, or maintaining space transportation vehi-
cles 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 applicable acquisition laws and regulations (including
chapters 137 and 140 of title 10, United States Code),
except that space transportation services shall be consid-
ered to be a commercial item for purposes of such laws
and regulations (including section 2306a of title 10, Unit-
ed States Code (relating 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 restrictions)).
(b) SAFETY STANDARDS.—Nothing in this section
shall be construed to prohibit the Federal Government
from requiring compliance with applicable safety stand-
ards.
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).
Æ