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105th CONGRESS
2d Session
H.R. 1702
_______________________________________________________________________
AMENDMENT
TO
SENATE AMENDMENT
In the House of Representatives, U. S.,
October 5, 1998.
Resolved, That the House agree to the amendment of the Senate to the bill
(H.R. 1702) entitled ``An Act to encourage the development of a commercial space
industry in the United States, and for other purposes'', with the following
AMENDMENT:
In lieu of the matter proposed to be inserted by the Senate
amendment, 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''.
(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 Administrator of
the National Aeronautics and Space Administration;
(2) the term ``commercial provider'' means any person
providing space transportation services or other space-related
activities, primary control of which is held by persons other
than Federal, State, local, and foreign governments;
(3) the term ``payload'' means anything that a person
undertakes to transport to, from, or within outer space, or in
suborbital trajectory, by means of a space transportation
vehicle, but does not include the space transportation vehicle
itself except for its components which are specifically
designed or adapted for that payload;
(4) the term ``space-related activities'' includes research
and development, manufacturing, processing, service, and other
associated and support activities;
(5) the term ``space transportation services'' means the
preparation of a space transportation vehicle and its payloads
for transportation to, from, or within outer space, or in
suborbital trajectory, and the conduct of transporting a
payload to, from, or within outer space, or in suborbital
trajectory;
(6) the term ``space transportation vehicle'' means any
vehicle constructed for the purpose of operating in, or
transporting a payload to, from, or within, outer space, or in
suborbital trajectory, and includes any component of such
vehicle not specifically designed or adapted for a payload;
(7) the term ``State'' means each of the several States of
the Union, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States;
and
(8) the term ``United States commercial provider'' means a
commercial provider, organized under the laws of the United
States or of a State, which is--
(A) more than 50 percent owned by United States
nationals; or
(B) a subsidiary of a foreign company and the
Secretary of Transportation finds that--
(i) such subsidiary has in the past
evidenced a substantial commitment to the
United States market through--
(I) investments in the United
States in long-term research,
development, and manufacturing
(including the manufacture of major
components and subassemblies); and
(II) significant contributions to
employment in the United States; and
(ii) the country or countries in which such
foreign company is incorporated or organized,
and, if appropriate, in which it principally
conducts its business, affords reciprocal
treatment to companies described in
subparagraph (A) comparable to that afforded to
such foreign company's subsidiary in the United
States, as evidenced by--
(I) providing comparable
opportunities for companies described
in subparagraph (A) to participate in
Government sponsored research and
development similar to that authorized
under this Act;
(II) providing no barriers, to
companies described in subparagraph (A)
with respect to local investment
opportunities, that are not provided to
foreign companies in the United States;
and
(III) providing adequate and
effective protection for the
intellectual property rights of
companies described in subparagraph
(A).
TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
SEC. 101. COMMERCIALIZATION OF SPACE STATION.
(a) Policy.--The Congress declares that a priority goal of
constructing the International Space Station is the economic
development of Earth orbital space. The Congress further declares that
free and competitive markets create the most efficient conditions for
promoting economic development, and should therefore govern the
economic development of Earth orbital space. The Congress further
declares that the use of free market principles in operating,
servicing, allocating the use of, and adding capabilities to the Space
Station, and the resulting fullest possible engagement of commercial
providers and participation of commercial users, will reduce Space
Station operational costs for all partners and the Federal Government's
share of the United States burden to fund operations.
(b) Reports.--(1) The Administrator shall deliver to the Committee
on Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, within 90 days
after the date of the enactment of this Act, a study that identifies
and examines--
(A) the opportunities for commercial providers to play a
role in International Space Station activities, including
operation, use, servicing, and augmentation;
(B) the potential cost savings to be derived from
commercial providers playing a role in each of these
activities;
(C) which of the opportunities described in subparagraph
(A) the Administrator plans to make available to commercial
providers in fiscal years 1999 and 2000;
(D) the specific policies and initiatives the Administrator
is advancing to encourage and facilitate these commercial
opportunities; and
(E) the revenues and cost reimbursements to the Federal
Government from commercial users of the Space Station.
(2) The Administrator shall deliver to the Committee on Science of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate, within 180 days after the date of the
enactment of this Act, an independently-conducted market study that
examines and evaluates potential industry interest in providing
commercial goods and services for the operation, servicing, and
augmentation of the International Space Station, and in the commercial
use of the International Space Station. This study shall also include
updates to the cost savings and revenue estimates made in the study
described in paragraph (1) based on the external market assessment.
(3) The Administrator shall deliver to the Congress, no later than
the submission of the President's annual budget request for fiscal year
2000, a report detailing how many proposals (whether solicited or not)
the National Aeronautics and Space Administration received during
calendar years 1997 and 1998 regarding commercial operation, servicing,
utilization, or augmentation of the International Space Station, broken
down by each of these four categories, and specifying how many
agreements the National Aeronautics and Space Administration has
entered into in response to these proposals, also broken down by these
four categories.
(4) Each of the studies and reports required by paragraphs (1),
(2), and (3) shall include consideration of the potential role of State
governments as brokers in promoting commercial participation in the
International Space Station program.
SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) Amendments.--Chapter 701 of title 49, United States Code, is
amended--
(1) in the table of sections--
(A) by amending the item relating to section 70104
to read as follows:
``70104. Restrictions on launches, operations, and reentries.'';
(B) by amending the item relating to section 70108
to read as follows:
``70108. Prohibition, suspension, and end of launches, operation of
launch sites and reentry sites, and
reentries.'';
(C) by amending the item relating to section 70109
to read as follows:
``70109. Preemption of scheduled launches or reentries.'';
and
(D) by adding at the end the following new items:
``70120. Regulations.
``70121. Report to Congress.''.
(2) in section 70101--
(A) by inserting ``microgravity research,'' after
``information services,'' in subsection (a)(3);
(B) by inserting ``, reentry,'' after ``launching''
both places it appears in subsection (a)(4);
(C) by inserting ``, reentry vehicles,'' after
``launch vehicles'' in subsection (a)(5);
(D) by inserting ``and reentry services'' after
``launch services'' in subsection (a)(6);
(E) by inserting ``, reentries,'' after
``launches'' both places it appears in subsection
(a)(7);
(F) by inserting ``, reentry sites,'' after
``launch sites'' in subsection (a)(8);
(G) by inserting ``and reentry services'' after
``launch services'' in subsection (a)(8);
(H) by inserting ``reentry sites,'' after ``launch
sites,'' in subsection (a)(9);
(I) by inserting ``and reentry site'' after
``launch site'' in subsection (a)(9);
(J) by inserting ``, reentry vehicles,'' after
``launch vehicles'' in subsection (b)(2);
(K) by striking ``launch'' in subsection (b)(2)(A);
(L) by inserting ``and reentry'' after ``conduct of
commercial launch'' in subsection (b)(3);
(M) by striking ``launch'' after ``and transfer
commercial'' in subsection (b)(3); and
(N) by inserting ``and development of reentry
sites,'' after ``launch-site support facilities,'' in
subsection (b)(4);
(3) in section 70102--
(A) in paragraph (3)--
(i) by striking ``and any payload'' and
inserting in lieu thereof ``or reentry vehicle
and any payload from Earth'';
(ii) by striking the period at the end of
subparagraph (C) and inserting in lieu thereof
a comma; and
(iii) by adding after subparagraph (C) the
following:
``including activities involved in the preparation of a launch
vehicle or payload for launch, when those activities take place
at a launch site in the United States.'';
(B) by inserting ``or reentry vehicle'' after
``means of a launch vehicle'' in paragraph (8);
(C) by redesignating paragraphs (10), (11), and
(12) as paragraphs (14), (15), and (16), respectively;
(D) by inserting after paragraph (9) the following
new paragraphs:
``(10) `reenter' and `reentry' mean to return or attempt to
return, purposefully, a reentry vehicle and its payload, if
any, from Earth orbit or from outer space to Earth.
``(11) `reentry services' means--
``(A) activities involved in the preparation of a
reentry vehicle and its payload, if any, for reentry;
and
``(B) the conduct of a reentry.
``(12) `reentry site' means the location on Earth to which
a reentry vehicle is intended to return (as defined in a
license the Secretary issues or transfers under this chapter).
``(13) `reentry vehicle' means a vehicle designed to return
from Earth orbit or outer space to Earth, or a reusable launch
vehicle designed to return from Earth orbit or outer space to
Earth, substantially intact.''; and
(E) by inserting ``or reentry services'' after
``launch services'' each place it appears in paragraph
(15), as so redesignated by subparagraph (C) of this
paragraph;
(4) in section 70103(b)--
(A) by inserting ``and Reentries'' after
``Launches'' in the subsection heading;
(B) by inserting ``and reentries'' after
``commercial space launches'' in paragraph (1); and
(C) by inserting ``and reentry'' after ``space
launch'' in paragraph (2);
(5) in section 70104--
(A) by amending the section designation and heading
to read as follows:
``Sec. 70104. Restrictions on launches, operations, and reentries'';
(B) by inserting ``or reentry site, or to reenter a
reentry vehicle,'' after ``operate a launch site'' each
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