Commercial Space Act of 1998
PL 105-303 (H.R.1702), enacted 10/28/1998

PUBLIC LAW 105-303—OCT. 28, 1998 
112 STAT. 2843 
Public Law 105-
105th Congress 
-303 
An Act 
42 u s e 14701 
note. 
To encourage the development of a commercial space industry in the United States, 
Oct. 28, 1998 
and for other purposes. 
[H.R. 1702] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled. 
Commercial 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
f§98® ^*^* °^ 
(a) SHORT TITLE.—^This Act may be cited as the "Commercial 
Space Act of 1998". 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES 
Sec. 101. Commercialization of Space Station. 
Sec. 102. Commercial space launch amendments. 
Sec. 103. Latmch 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. 
Sec. 202. 
Sec. 203. 
Sec. 204. 
Sec. 205, 
Requirement to procure commercial space transportation services. 
Acquisition of commercial space transportation services. 
Launch Services Purchase Act of 1990 amendments. 
Shuttle privatization. 
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 Administrator of 
the National Aeronautics and Space Administration; 
(2) the term "commercial provider" means any person 
providing space transportation services or other space-related 
activities, primary control of which is held by persons other 
than Federal, State, local, and foreign governments; 
(3) the term "payload" means anjrthing that a person under-
takes to transport to, from, or within outer space, or in sub-
orbital trajectory, by means of a space transportation vehicle, 
but does not include the space transportation vehicle itself 
except for its components which are specifically designed or 
adapted for that payload; 
(4) the term "space-related activities" includes research 
and development, manufacturing, processing, service, and other 
associated and support activities; 
(5) the term "space transportation services" means the 
preparation of a space transportation vehicle and its payloads 
42 u s e 14701. 
112 STAT. 2844 
PUBLIC LAW 105-303—OCT. 28, 1998 
for transportation to, from, or within outer space, or in sub-
orbital trajectory, and the conduct of transporting a payload 
to, from, or within outer space, or in suborbital trajectory; 
(6) the term "space transportation vehicle" means any 
vehicle constructed for the purpose of operating in, or transport-
ing a payload to, from, or within, outer space, or in suborbital 
trajectory, and includes any component of such vehicle not 
specifically designed or adapted for a payload; 
(7) the term "State" means each of the several States 
of the Union, the District of Columbia, the Commonwealth 
of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
the Commonwealth of the Northern Mariana Islands, and any 
other commonwealth, territory, or possession of the United 
States; and 
(8) the term "United States commercial provider" means 
a commercial provider, organized under the laws of the United 
States or of a State, which is— 
(A) more than 50 percent owned by United States 
nationals; or 
(B) a subsidiary of a foreign company and the Secretary 
of Transportation finds that— 
(i) such subsidiary has in the past evidenced a 
substantial commitment to the United States market 
through— 
(I) investments in the United States in long-
term research, development, and manufacturing 
(including the manufacture of major components 
and subassemblies); and 
(II) significant contributions to employment in 
the llnited States; and 
(ii) the country or countries in which such foreign 
company is incorporated or organized, and, if appro-
priate, in which it principally conducts its business, 
affords reciprocal treatment to companies described 
in subparagraph (A) comparable to that afforded to 
such foreign company's subsidiary in the United States, 
as evidenced by— 
(I) providing comparable opportunities for 
companies described in subparagraph 
(A) to 
participate in Government sponsored research and 
development similar to that authorized under this 
Act; 
(II) providing no barriers, to 
companies 
described in subparagraph (A) with respect to local 
investment opportunities, that are not provided 
to foreign companies in the United States; and 
(III) providing adequate and effective protec-
tion for the intellectual property rights of compa-
nies described in subparagraph (A). 
PUBLIC LAW 105-303—OCT. 28, 1998 
112 STAT. 2845 
TITLE I—PROMOTION OF COMMERCIAL 
SPACE OPPORTUNITIES 
SEC. 101. COMMERCIALIZATION OF SPACE STATION. 
42 USC 14711. 
(a) POLICY.—^The Congress declares that a priority goal of con-
structing the International Space Station is the economic develop-
ment of Earth orbital space. The Congress further declares that 
free and competitive markets create the most efficient conditions 
for promoting economic development, and should therefore govern 
the economic development of Earth orbital space. The Congress 
further declares that the use of free market principles in operating, 
servicing, allocating the use of, and adding capabilities to the Space 
Station, and the resulting fullest possible engagement of commercial 
providers and participation of commercial users, will reduce Space 
Station operational costs for all partners and the Federal Govern-
ment's share of the United States burden to fund operations. 
(b) REPORTS.—(1) The Administrator shall deliver to the 
Committee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Sen-
ate, within 90 days after the date of the enactment of this Act, 
a study that identifies and examines— 
(A) the opportunities for commercial providers to play a 
role in International Space Station activities, including oper-
ation, use, servicing, and augmentation; 
(B) the potential cost savings to be derived from commercial 
providers playing a role in each of these activities; 
(C) which of the opportunities described in subparagraph 
(A) the Administrator plans to make available to commercial 
providers in fiscal years 1999 and 2000; 
(D) the specific policies and initiatives the Administrator 
is advancing to encourage and facilitate these commercial 
opportunities; and 
(E) the revenues and cost reimbursements to the Federal 
Government from commercial users of the Space Station. 
(2) The Administrator shall deliver to the Committee on Science 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate, within 180 days after 
the date of the enactment of this Act, an independently conducted 
market study that examines and evaluates potential industry 
interest in providing commercial goods and services for the oper-
ation, servicing, and augmentation of the International Space Sta-
tion, and in the commercial use of the International Space Station. 
This study shall also include updates to the cost savings and reve-
nue estimates made in the study described in paragraph (1) based 
on the external market assessment. 
(3) The Administrator shall deliver to the Congress, no later 
than the submission of the President's annual budget request for 
fiscal year 2000, a report detailing how many proposals (whether 
solicited or not) the National Aeronautics and Space Administration 
received during calendar years 1997 and 1998 regarding commercial 
operation, servicing, utilization, or augmentation of the Inter-
national Space Station, broken down by each of these four cat-
egories, and specifying how many agreements the National Aero-
nautics and Space Administration has entered into in response 
to these proposals, also broken down by these four categories. 
112 STAT. 2846 
PUBLIC LAW 105-303—OCT. 28, 1998 
(4) Each of the studies and reports required by paragraphs 
(1), (2), and (3) shall include consideration of the potential role 
of State governments as brokers in promoting commercial participa-
tion in the International Space Station program. 
SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS. 
(a) AMENDMENTS.—Chapter 701 of title 49, United States Code, 
is amended— 
(1) in the table of sections— 
(A) by amending the item relating to section 70104 
to read as follows: 
"70104. Restrictions on launches, operations, and reentries."; 
(B) by amending the item relating to section 70108 
to read as follows: 
"70108. Prohibition, suspension, and end of launches, operation of launch sites and 
reentry sites, and reentries."; 
(C) by amending the item relating to section 70109 
to read as follows: 
"70109. Preemption of scheduled launches or reentries."; 
and 
(D) by adding at the end the following new items: 
"70120. Regulations. 
"70121. Report to Congress.". 
(2) in section 70101— 
(A) 
by 
inserting 
"microgravity 
research," 
after 
"information services," in subsection (a)(3); 
(B) by inserting ", reentry," after "launching" both 
places it appears in subsection (a)(4); 
(C) by inserting ", reentry vehicles," after "launch 
vehicles" in subsection (a)(5); 
(D) by inserting "and reentry services" after "launch 
services" in subsection (a)(6); 
(E) by inserting ", reentries," after "launches" both 
places it appears in subsection (a)('7); 
(F) by inserting ", reentry sites," after "launch sites" 
in subsection (a)(8); 
(G) by inserting "and reentry services" after "launch 
services" in subsection (a)(8); 
(H) by inserting "reentry sites," after "launch sites," 
in subsection (a)(9); 
(I) by inserting "and reentry site" after "launch site" 
in subsection (a)(9); 
(J) by inserting ", reentry vehicles," after "launch 
vehicles" in subsection (b)(2); 
(K) by striking "launch" in subsection (b)(2)(A); 
(L) by inserting "and reentry after "conduct of 
commercial launch" in subsection (b)(3); 
(M) by striking "launch" after "and transfer commer-
cial" in subsection (b)(3); and 
(N) by inserting "and development of reentry sites," 
after "launch-site support facilities," in subsection (b)(4); 
(3) in section 70102— 
(A) in paragraph (3)— 
PUBLIC LAW 105-303—OCT. 28, 1998 
112 STAT. 2847 
(i) by striking "and any payload" and inserting 
in lieu thereof "or reentry vehicle and any payload 
from Earth"; 
(ii) by striking the period at the end of subpara-
graph (C) and inserting in lieu thereof a comma; and 
(iii) by adding after subparagraph (C) the follow-
ing: 
"including activities involved in the preparation of a launch 
vehicle or payload for launch, when those activities take place 
at a launch site in the United States."; 
(B) by inserting "or reentry vehicle" after "means of 
a launch vehicle" in paragraph (8); 
(C) by redesignating paragraphs (10), (11), and (12) 
as paragraphs (14), (15), and (16), respectively; 
(D) by inserting after paragraph (9) the following new 
paragraphs: 
"(10) 'reenter' and 'reentry' mean to return or attempt 
to return, purposefully, a reentry vehicle and its payload, if 
any, from Earth orbit or from outer space to Earth. 
"(11) 'reentry services' means— 
"(A) activities involved in the preparation of a reentry 
vehicle and its payload, if any, for reentry; and 
"(B) the conduct of a reentry. 
"(12) 'reentry site' means the location on Earth to which 
a reentry vehicle is intended to return (as defined in a license 
the Secretary issues or transfers under this chapter). 
"(13) 'reentry vehicle' means a vehicle designed to return 
from Earth orbit or outer space to Earth, or a reusable launch 
vehicle designed to return from Earth orbit or outer space 
to Earth, substantially intact."; and 
(E) by inserting "or reentry services" after "launch 
services" each place it appears in paragraph (15), as so 
redesignated by subparagraph (C) of this paragraph; 
(4) in section 70103(b)— 
(A) by inserting "
A
N
D 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 reenter a reentry 
vehicle," after "operate a launch site" each place it appears 
in subsection (a); 
(C) by inserting "or reentry" after "launch or operation" 
in subsection (a)(3) and (4); 
(D) in subsection (b)— 
(i) by striking "launch license" and inserting in 
lieu thereof "license"; 
(ii) by inserting "or reenter" after "may launch"; 
and 
112 STAT. 2848 
PUBLIC LAW 105-303—OCT. 28, 1998 
(iii) by inserting "or reentering" after "related to 
launching"; and 
(E) in subsection (c)— 
(i) 
by amending the subsection heading to read as follows: 
"PREVENTING LAUNCHES AND REENTRIES.—"; 
(ii) by inserting "or reentry" after "prevent the 
launch"; and 
(iii) by inserting "or reentry" after "decides the 
launch"; 
(6) in section 70105— 
(A) by inserting "(1)" before "A person may apply 
in subsection (a); 
(B) by striking "receiving an application" both places 
it appears in subsection (a) and inserting in lieu thereof 
"accepting an application in accordance with criteria estab-
lished pursuant to subsection (b)(2)(D)"; 
Notice. 
(C) by adding at the end of subsection (a) the following: 
Deadline. 
"The Secretary shall transmit to the Committee on Science 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
written notice not later than 30 days after any occurrence 
when a license is not issued within the deadline established 
by this subsection, 
"(2) In carrying out paragraph (1), the Secretary may establish 
procedures for safety approvals of launch vehicles, reentry vehicles, 
safety systems, processes, services, or personnel that may be used 
in conducting licensed commercial space launch or reentry 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 inserting in lieu 
thereof ", operation, or reentry" in subsection (b)(2XA); 
(F) by striking "and" at the end of subsection (bX2XB); 
(G) by striking the period at the end of subsection 
(b)(2)(C) and inserting in lieu thereof "; and"; 
(H) by adding at the end of subsection (b)(2) the follow-
ing new subparagraph: 
"(D) regulations establishing criteria for accepting or reject-
ing an application for a license under this chapter within 60 
days after receipt of such application."; and 
(I) by inserting ", including the requirement to obtain 
a license," after "waive a requirement" in subsection (b)(3); 
(7) in section 70106(a)— 
(A) by inserting "or reentry site" after "observer at 
a launch site"; 
(B) by inserting "or reentry vehicle" after "assemble 
a launch vehicle"; and 
(C) by inserting "or reentry vehicle" after "with a 
launch vehicle"; 
(8) in section 70108— 
(A) by amending the section designation and heading 
to read as follows: 
PUBLIC LAW 105-303—OCT. 28, 1998 
112 STAT. 2849 
^§ 70108. Prohibition, suspension, and end of launches, oper-
ation of launch sites and reentry sites, and 
reentries"; 
and 
(B) in subsection (a)— 
(i) by inserting "or reentry site, or reentry of a 
reentry vehicle," after "operation of a launch site"; 
and 
(ii) by inserting "or reentry" after "launch or oper-
ation"; 
(9) in section 70109— 
(A) by amending the section designation and heading 
to read as follows: 
"§70109. Preemption of scheduled launches or reentries**; 
(B) in subsection (a)— 
(i) by inserting "or reentry" after "ensure that a 
launch"; 
(ii) by inserting ", reentry site," after "United 
States Government launch site"; 
(iii) by inserting "or reentry date commitment" 
after "launch date commitment"; 
(iv) by inserting "or reentry" after "obtained for 
a launch"; 
(v) by inserting ", reentry site," after "access to 
a launch site"; 
(vi) by inserting ", or services related to a reentry," 
after "amount for launch services"; and 
(vii) by inserting "or reentry" after "the scheduled 
launch"; and 
(C) in subsection (c), by inserting "or reentry" after 
"prompt launching"; 
(10) in section 70110— 
(A) by inserting "or reentry" after "prevent the launch" 
in subsection (a)(2); and 
(B) by inserting "or reentry site, or reentry of a reentry 
vehicle," after "operation of a launch site" in subsection 
(a)(3)(B); 
(11) in section 70111— 
(A) by inserting "or reentry" after "launch" in sub-
section (a)(1)(A); 
(B) by inserting "and reentry services" after "launch 
services" in subsection (a)(1)(B); 
(C) by inserting "or reentry services" after "or launch 
services" in subsection (a)(2); 
(D) by striking "source." in subsection (a)(2) and insert-
ing "source, whether such source is located on or off a 
Federal range."; 
(E) by inserting "or reentry" after "commercial launch" 
both places it appears in subsection (b)(1); 
(F) by inserting "or reentry services" after "launch 
services" in subsection (b)(2)(C); 
(G) by inserting after subsection (b)(2) the following 
new paragraph: 
"(3) The Secretary shall ensure the establishment of uniform 
guidelines for, and consistent implementation of, this section by 
all Federal agencies."; 
112 STAT. 2850 
PUBLIC LAW 105-303—OCT. 28, 1998 
(H) by striking "or its payload for launch" in subsection 
(d) and inserting in lieu thereof "or reentry vehicle, or 
the payload of either, for launch or reentry"; and 
(I) by inserting ", reentry vehicle," after "manufacturer 
of the launch vehicle" in subsection (d); 
(12) in section 70112— 
(A) in subsection (a)(1), by inserting "launch or reentry" 
after "(1) When a"; 
(B) by inserting "or reentry" after "one launch" in 
subsection (a)(3); 
(C) by inserting "or reentry services" after "launch 
services" in subsection (a)(4); 
(D) in subsection (b)(1), by inserting "launch or reentry" 
after "(DA"; 
(E) by inserting "or reentry services" after "launch 
services" each place it appears in subsection (b); 
(F) by inserting "applicable" after "carried out under 
the" in paragraphs (1) and (2) of subsection (b); 
(G) by inserting "OR REENTRIES" after "LAUNCHES" in 
the heading for subsection (e); 
(H) by inserting "or reentry site or a reentry" after 
"launch site" in subsection (e); and 
(I) in subsection (f), by inserting "launch or reentry 
after "carried out under a"; 
(13) in section 70113(a)(1) and (d)(1) and (2), by inserting 
"or reentry" after "one launch" each place it appears; 
(14) in section 70115(b)(l)(D)(i>— 
(A) by inserting "reentry site," after "launch site,"; 
and 
(B) by inserting "or reentry vehicle" after "launch 
vehicle" both places it appears; 
(15) in section 70117— 
(A) by inserting "or reentry site, or to reenter a reentry 
vehicle" after "operate a launch site" in subsection (a); 
(B) by inserting "or reentry" after "approval of a space 
launch" in subsection (d); 
(C) by gimending subsection (f) to read as follows: 
"(f) 
LAUNCH NOT AN EXPORT; REENTRY NOT AN IMPORT.—^A 
launch vehicle, reentry vehicle, or payload that is launched or 
reentered is not, because of the launch or reentry, an export or 
import, respectively, for purposes of a law controlling exports or 
imports, except that payloads launched pursuant to foreign trade 
zone procedures as provided for under the Foreign Trade Zones 
Act (19 U.S.C. 81a-81u) shall be considered exports with regard 
to customs entry."; and 
(D) in subsection (g)— 
(i) by striking "operation of a launch vehicle or 
launch site," in paragraph (1) and inserting in lieu 
thereof "reentry, operation of a launch vehicle or 
reentry vehicle, operation of a launch site or reentry 
site,"; and 
(ii) by inserting "reentry," after "launch," in para-
graph (2); and 
(16) by adding at the end the following new sections: 
PUBLIC LAW 105-303—OCT. 28, 1998 
112 STAT. 2851 
"§ 70120. Regulations 
"(a) IN GENERAL.—The Secretary of Transportation, within 9 Deadline, 
months after the date of the enactment of this section, shall issue 
regulations to carry out this chapter that include— 
"(1) guidelines for industry and State governments to obtain 
sufficient insurance coverage for potential damages to third 
parties; 
"(2) procedures for requesting and obtaining licenses to 
launch a commercial launch vehicle; 
"(3) procedures for requesting and obtaining operator 
licenses for launch; 
"(4) procedures for requesting and obtaining launch site 
operator licenses; and 
"(5) procedures for the application of government indem-
nification. 
"(b) REENTRY.—^The Secretary of Transportation, within 6 
months after the date of the enactment of this section, shall issue 
a notice of proposed rulemaking to carry out this chapter that 
includes— 
"(1) procedures for requesting and obtaining licenses to 
reenter a reentry vehicle; 
"(2) procedures for requesting and obtaining operator 
licenses for reentry; and 
"(3) procedures for requesting and obtaining reentry site 
operator licenses. 
"§ 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 recommenda-
tions for legislation that may further commercial launches and 
reentries; and 
"(2) reviews the performance of the regulatory activities 
and the effectiveness of the Office of Commercial Space 
Transportation.". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 70119 of title 
49, United States Code, is amended to read as follows: 
*'§ 70119. Authorization of appropriations 
"There are authorized to be appropriated to the Secretary of 
Transportation for the activities of the Office of the Associate 
Administrator for Commercial Space Transportation— 
"(1) $6,275,000 for the fiscal year ending September 30, 
1999; and 
"(2) $6,600,000 for the fiscal year ending September 30, 
2000.". 
(c) EFFECTIVE DATE.—^The amendments made by subsection 
(a)(6)(B) shall take effect upon the effective date of final regulations 
issued pursuant to section 70105(b)(2)(D) of title 49, United States 
Code, as added by subsection (a)(6)(H). 
SEC. 
1
0
3
. 
LAUNCH 
VOUCHER 
DEMONSTRATION 
PROGRAM. 
Section 504 of the National Aeronautics and Space Administra-
tion Authorization Act, Fiscal Year 1993 (15 U.S.C. 5803) is 
amended— 
49 use 70105 
note. 
112 STAT. 2852 
PUBLIC LAW 105-303—OCT. 28, 1998 
(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. 
42 use 14712. 
SEC. 104. PROMOTION OF UNITED STATES GLOBAL POSITIONING SYS-
TEM 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 develop-
ment 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 sus-
tain the Global Positioning System in a manner that will most 
effectively contribute to the national security, public safety, sci-
entific, and economic interests of the United States, the Congress 
encourages the President to— 
(1) ensure the operation of the Global Positioning System 
on a continuous worldwide basis free of direct user fees; 
(2) enter into international agreements that promote 
cooperation 
with 
foreign 
governments 
and 
international 
organizations to— 
(A) establish the Global Positioning System and its 
augmentations as an acceptable international standard; 
and 
(B) eliminate any foreign barriers to applications of 
the Global Positioning System worldwide; and 
(3) provide clear direction and adequate resources to the 
Assistant Secretary of Commerce for Communications and 
Information so that on an international basis the Assistant 
Secretary can— 
(A) achieve and sustain efficient management of the 
electromagnetic spectrum used by the Global Positioning 
System; and 
(B) protect that spectrum from disruption and inter-
ference. 
42 use 14713. 
SEC. 105. ACQUISITION OF SPACE SCIENCE DATA. 
(a) ACQUISITION FROM COMMERCIAL PROVIDERS.—^The Adminis-
trator shall, to the extent possible and while satisfying the scientific 
or educational requirements of the National Aeronautics and Space 
Administration, and where apjpropriate, of other Federal agencies 
and scientific researchers, acquire, where cost effective, space 
science data from a commercial provider. 
(b) TREATMENT OF SPACE SCIENCE DATA AS COMMERCIAL ITEM 
UNDER ACQUISITION LAWS.—Acquisitions of space science data by 
the Administrator shall be carried out in accordance with applicable 
acquisition laws and regulations (including chapters 137 and 140 
of title 10, United States Code). For purposes of such law and 
regulations, space science data shall be considered to be a commer-
cial item. Nothing in this subsection shall be construed to preclude 
PUBLIC LAW 105-303—OCT. 28, 1998 
112 STAT. 2853 
the United States from acquiring, through contracts with commer-
cial providers, sufficient rights in data to meet the needs of the 
scientific and educational community or the needs of other govern-
ment activities. 
(c) DEFINITION.—For purposes of this section, the term "space 
science data" includes scientific data concerning— 
(1) the elemental and mineralogical resources of the moon, 
asteroids, planets and their moons, and comets; 
(2) microgravity acceleration; and 
(3) solar storm monitoring. 
(d) SAFETY STANDARDS.—^Nothing in this section shall be con-
strued to prohibit the Federal Government from requiring compli-
ance with applicable safety standards. 
(e) LIMITATION.—This section does not authorize the National 
Aeronautics and Space Administration to provide financial assist-
ance for the development of commercial systems for the collection 
of space science data. 
SEC. 106. ADMINISTRATION OF COMMERCIAL SPACE CENTERS. 
The Administrator shall administer the Commercial Space Cen-
ter program in a coordinated manner from National Aeronautics 
and Space Administration headquarters in Washington, D.C. 
SEC. 107. SOURCES OF EARTH SCIENCE DATA. 
(a) ACQUISITION.—^The Administrator shall, to the extent pos-
sible and while satisfying the scientific or educational requirements 
of the National Aeronautics and Space Administration, and where 
appropriate, of other Federal agencies and scientific researchers, 
acquire, where cost-effective, space-based and airborne Earth 
remote sensing data, services, distribution, and applications from 
a commercial provider. 
(b) TREATMENT AS COMMERCIAL ITEM UNDER 
ACQUISITION 
LAWS.—^Acquisitions by the Administrator of the data, services, 
distribution, and applications referred to in subsection (a) shall 
be carried out in accordance with applicable acquisition laws and 
regulations (including chapters 137 and 140 of title 10, United 
States Code). For purposes of such law and regulations, such data, 
services, distribution, and applications shall be considered to be 
a commercial item. Nothing in this subsection shall be construed 
to preclude the United States from acquiring, through contracts 
with commercial providers, sufficient rights in data to meet the 
needs of the scientific and educational community or the needs 
of other government activities. 
(c) STUDY.—(1) The Administrator shall conduct a study to 
determine the extent to which the baseline scientific requirements 
of Earth Science can be met by commercial providers, and how 
the National Aeronautics and Space Administration will meet such 
requirements which cannot be met by commercial providers. 
(2) The study conducted under this subsection shall— 
(A) make recommendations to promote the availability of 
information from the National Aeronautics and Space Adminis-
tration to commercial providers to enable commercial providers 
to better meet the baseline scientific requirements of Earth 
Science; 
(B) make recommendations to promote the dissemination 
to commercial providers of information on advanced technology 
research and development performed by or for the National 
Aeronautics and Space Administration; and 
42 use 14714. 
42 use 14715. 
112 STAT. 2854 
PUBLIC LAW 105-303—OCT. 28, 1998 
Federal Register, 
publication. 
(C) identify policy, regulatory, and legislative barriers to 
the implementation of the recommendations made under this 
subsection. 
(3) The results of the study conducted under this subsection 
shall be transmitted to the Congress within 6 months after the 
date of the enactment of this Act. 
(d) SAFETY STANDARDS.—^Nothing in this section shall be con-
strued to prohibit the Federal Government from requiring compli-
ance with applicable safety standards. 
(e) ADMINISTRATION AND EXECUTION.—This section shall be 
carried out as part of the Commercial Remote Sensing Program 
at the Stennis Space Center. 
(f) REMOTE SENSING.— 
(1) APPLICATION CONTENTS.—Section 201(b) of the Land 
Remote Sensing Policy Act of 1992 (15 U.S.C. 5621(b)) is 
amended— 
(A) by inserting "(1)" after "NATIONAL SECURITY.—"; 
and 
(B) by adding at the end the following new paragraph: 
"(2) The Secretary, within 6 months after the date of the 
enactment of the Commercial Space Act of 1998, shall publish 
in the Federal Register a complete and specific list of all information 
required to comprise a complete application for a license under 
this title. An application shall be considered complete when the 
applicant has provided all information required by the list most 
recently published in the Federal Register before the date the 
application was first submitted. Unless the Secretary has, within 
30 days after receipt of an application, notified the applicant of 
information necessary to complete an application, the Secretary 
may not deny the application on the basis of the absence of any 
such information.". 
(2) NOTIFICATION OF AGREEMENTS.—Section 202(b)(6) of the 
Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5622(b)(6)) 
is amended by inserting "significant or substantial" after "Sec-
retary of any". 
TITLE II—FEDERAL ACQUISITION OF 
SPACE TRANSPORTATION SERVICES 
42 u s e 14731. 
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 
practicable, the Federal Government shall plan missions to 
accommodate the space transportation services capabilities of 
United States commercial providers. 
(b) EXCEPTIONS.—^The Federal Government 
shall not be 
required to acquire space transportation services under subsection 
(a) if, on a case-by-case basis, the Administrator or, in the case 
of a national security issue, the Secretary of the Air Force, deter-
mines that— 
(1) a payload requires the unique capabilities of the Space 
Shuttle; 
PUBLIC LAW 105-303—OCT. 28, 1998 
112 STAT. 2855 
(2) cost effective space transportation services that meet 
specific mission requirements would not be reasonably available 
from United States commercial providers when required; 
(3) the use of space transportation services from United 
States commercial providers poses an unacceptable risk of loss 
of a unique scientific opportunity; 
(4) the use of space transportation services from United 
States commercial providers is inconsistent with national secu-
rity objectives; 
(5) the use of space transportation services from United 
States commercial providers is inconsistent with international 
agreements for international collaborative efforts relating to 
science and technology; 
(6) it is more cost effective to transport a payload in 
conjunction with a test or demonstration of a space transpor-
tation vehicle owned by the Federal Government; or 
(7) a payload can make use of the available cargo space 
on a Space Shuttle mission as a secondary payload, and such 
payload is consistent with the requirements of research, 
development, demonstration, scientific, commercial, and edu-
cational programs authorized by the Administrator. 
Nothing in this section shall prevent the Administrator from plan-
ning or negotiating agreements with foreign entities for the launch 
of Federal Government payloads for international collaborative 
efforts relating to science and technology. 
(c) DELAYED EFFECT.—Subsection (a) shall not apply to space 
transportation services and space transportation vehicles acquired 
or owned by the Federal Government before the date of the enact-
ment of this Act, or with respect to which a contract for such 
acquisition or ownership has been entered into before such date. 
(d) HISTORICAL PURPOSES.—This section shall not be construed 
to prohibit the Federal Government from acquiring, owning, or 
maintaining space transportation vehicles solely for historical dis-
play purposes. 
SEC. 202. ACQUISITION OF COMMERCIAL SPACE TRANSPORTATION 
SERVICES. 
(a) TREATMENT OF COMMERCIAL SPACE TRANSPORTATION SERV-
ICES A
S COMMERCIAL ITEM UNDER ACQUISITION LAws.^Acquisitions 
of space transportation services by the Federal Grovemment shall 
be carried out in accordance with applicable acquisition laws and 
regulations (including chapters 137 and 140 of title 10, United 
States Code). For purposes of such law and regulations, space 
transportation services shall be considered to be a commercial item. 
(b) SAFETY STANDARDS.—^Nothing in this section shall be con-
strued to prohibit the Federal Government from requiring compli-
ance with applicable safety standards. 
SEC. 203. LAUNCH SERVICES PURCHASE ACT OF 1990 AMENDMENTS. 
The Launch Services Purchase Act of 1990 (42 U.S.C. 2465b 
et seq.) is amended— 
(1) by striking section 202; 
(2) in section 203— 
(A) by striking paragraphs (1) and (2); and 
(B) by redesignating paragraphs (3) and (4) as para-
graphs (1) and (2), respectively; 
(3) by striking sections 204 and 205; and 
(4) in section 206— 
42 use 14732. 
42 use 2465b. 
42 use 2465c. 
42 use 2465d, 
2465e. 
42 use 2465f. 
59-194 O - 98 - 4: QL 3 Part 5 
112 STAT. 2856 
PUBLIC LAW 105-303—OCT. 28, 1998 
(A) by striking "(a) COMMERCIAL PAYLOADS ON THE 
SPACE SHUTTLE.—"; and 
(B) by striking subsection (b). 
42 use 14733. 
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 operation, of space transportation sys-
tems to the Federal purchase of commercial space transportation 
services for all nonemergency space transportation requirements 
for transportation to and from Earth orbit, including human, cargo, 
and mixed payloads. In those preparations, the Administrator shall 
take into account the need for short-term economies, as well as 
the goal of restoring the National Aeronautics and Space Adminis-
tration's research focus and its mandate to promote the fullest 
possible commercial use of space. As part of those preparations, 
the Administrator shall plan for the potential privatization of the 
Space Shuttle program. Such plan shall keep safety and cost 
effectiveness as high priorities. Nothing in this section shall prohibit 
the National Aeronautics and Space Administration from studying, 
designing, developing, or funding upgrades or modifications essen-
tial to the safe and economical operation of the Space Shuttle 
fleet. 
(b) FEASIBILITY STUDY.—^The Administrator shall conduct a 
study of the feasibility of implementing the recommendation of 
the Independent Shuttle Management Review Team that the 
National Aeronautics and Space Administration transition toward 
the privatization of the Space Shuttle. The study shall identify, 
discuss, and, where possible, present options for resolving, the 
major policy and legal issues that must be addressed before the 
Space Shuttle is privatized, including— 
(1) whether the Federal Grovernment or the Space Shuttle 
contractor should own the Space Shuttle orbiters and ground 
facilities; 
(2) whether the Federal Government should indemnify the 
contractor for any third party liability arising from Space Shut-
tle operations, and, if so, under what terms and conditions; 
(3) whether payloads other than National Aeronautics and 
Space Administration payloads should be allowed to be 
launched on the Space Shuttle, how missions will be prioritized, 
and who will decide which mission flies and when; 
(4) whether commercial payloads should be allowed to be 
launched on the Space Shuttle and whether any classes of 
payloads should be made ineligible for launch consideration; 
(5) whether National Aeronautics and Space Administra-
tion and other Federal Government payloads should have prior-
ity over non-Federal payloads in the Space Shuttle launch 
assignments, and what policies should be developed to prioritize 
among payloads generally; 
(6) whether the public interest requires that certain Space 
Shuttle functions continue to be performed by the Federal 
Government; and 
(7) how much cost savings, if any, will be generated by 
privatization of the Space Shuttle. 
(c) REPORT TO CONGRESS.—^Within 60 days after the date of 
the enactment of this Act, the National Aeronautics and Space 
Administration shall complete the study required under subsection 
PUBLIC LAW 105-303—OCT. 28, 1998 
112 STAT. 2857 
(b) and shall submit a report on the study to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Science of the House of Representatives. 
SEC. 205. USE OF EXCESS INTERCONTINENTAL BALLISTIC MISSILES. 
42 USC 14734. 
(a) IN GENERAL.—^The Federal Government shall not— 
(1) convert any missile described in subsection (c) to a 
space transportation vehicle configuration; or 
(2) transfer ownership of any such missile to another per-
son, except as provided in subsection (b). 
(b) AUTHORIZED FEDERAL USES.—(1) A missile described in 
subsection (c) may be converted for use as a space transportation 
vehicle by the Federal Government if, except as provided in para-
graph (2) and at least 30 days before such conversion, the agency 
seeking to use the missile as a space transportation vehicle trans-
mits to the Committee on National Security and the Committee 
on Science of the House of Representatives, and to the Committee 
on Armed Services and the Committee on Commerce, Science, and 
Transportation of the Senate, a certification that the use of such 
missile— 
(A) would result in cost savings to the Federal Government 
when compared to the cost of acquiring space transportation 
services from United States commercial providers; 
(B) meets all mission requirements of the agency, including 
performance, schedule, and risk requirements; 
(C) is consistent with international obligations of the 
United States; and 
(D) is approved by the Secretary of Defense or his designee. 
(2) The requirement under paragraph (1) that the certification 
described in that paragraph must be transmitted at least 30 days 
before conversion of the missile shall not apply if the Secretary 
of Defense determines that compliance with that requirement would 
be inconsistent with meeting immediate national security require-
ments. 
(c) MISSILES REFERRED TO.— The missiles referred to in this 
section are missiles owned by the United States that— 
(1) were formerly used by the Department of Defense for 
national defense purposes as intercontinental ballistic missiles; 
and 
(2) have been declared excess to United States national 
defense needs and are in compliance with international obliga-
tions 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 interest of the United 
States by— 
(1) contributing to the economy of the United States; 
(2) strengthening employment, technological, and scientific 
interests of the United States; and 
(3) serving the foreign policy and national security interests 
of the United States. 
(b) DEFINITIONS.—In this section: 
(1) SECRETARY.—^The term "Secretary" means the Secretary 
of Defense. 
(2) TOTAL POTENTIAL NATIONAL MISSION MODEL,—^The term 
"total potential national mission model" means a model that— 
42 USC 14735. 
y 
112 STAT. 2858 
PUBLIC LAW 105-303—OCT. 28, 1998 
(A) is determined by the Secretary, in consultation 
with the Administrator, to assess the total potential space 
missions to be conducted in the United States during a 
specified period of time; and 
(B) includes all launches in the United States (includ-
ing launches conducted on or off a Federal range). 
(c) REPORT.— 
Deadline. 
(1) IN GENERAL.—^Not later than 180 days after the date 
of enactment of this Act, the Secretary shall, in consultation 
with the Administrator and appropriate representatives of the 
satellite and launch industry and the governments of States 
and political subdivisions thereof— 
(A) prepare a report that meets the requirements of 
this subsection; and 
(B) submit that report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Commit-
tee on Science of the House of Representatives. 
(2) REQUIREMENTS FOR REPORT.—^The report 
prepared 
under this subsection shall— 
(A) identify the total potential national mission model 
for the period beginning on the date of the report and 
ending on December 31, 2007; 
(B) identify the resources that are necessary or avail-
able to carry out the total potential national mission model 
described in subparagraph (A), including— 
(i) launch property and services of the Department 
of Defense, the National Aeronautics and Space 
Administration, and non-Federal facilities; and 
(ii) the ability to support commercial launch-on-
demand on short notification, taking into account Fed-
eral requirements, at launch sites or test ranges in 
the United States; 
(C) identify each deficiency in the resources referred 
to in subparagraph (B); and 
(D) with respect to the deficiencies identified under 
subparagraph (C), include estimates of the level of funding 
necessary to address those deficiencies for the period 
described in subparagraph (A). 
(d) RECOMMENDATIONS.—Based on the reports under subsection 
(c), the Secretary, after consultation with the Secretary of Transpor-
tation, the Secretary of Commerce, and representatives from 
interested private sector entities. States, and local governments, 
shall— 
(1) identify opportunities for investment by non-Federal 
entities (including States and political subdivisions thereof and 
private sector entities) to assist the Federal Government in 
providing launch capabilities for the commercial space industry 
in the United States; 
(2) identify one or more methods by which, if sufficient 
resources referred to in subsection (c)(2)(D) are not available 
to the Department of Defense and the National Aeronautics 
and Space Administration, the control of the launch property 
and launch services of the Department of Defense and the 
National Aeronautics and Space Administration may be trans-
ferred from the Department of Defense and the National Aero-
nautics and Space Administration to— 
(A) one or more other Federal agencies; 
PUBLIC LAW 105-303—OCT. 28, 1998 
112 STAT. 2859 
(B) one or more States (or subdivisions thereof); 
(C) one or more private sector entities; or 
(D) any combination of the entities described in sub-
paragraphs (A) through (C); and 
(3) identify the technical, structural, and legal impediments 
associated with making launch sites or test ranges in the United 
States viable and competitive. 
Approved October 28, 1998. 
LEGISLATIVE HISTORY—H.R. 1702: 
HOUSE REPORTS: No. 105-347 (Coram, on Science). 
SENATE REPORTS: No. 105-198 (Comm. on Commerce, Science, and Transpor-
tation). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Nov. 4, considered and passed House. 
Vol. 144 (1998): July 30, considered and passed Senate, amended. 
Oct. 5, House concurred in Senate amendment with an 
amendment. 
Oct. 8, Senate concurred in House amendment.