H.R. 1702, Commercial Space Act of 1997

As Introduced

 

Section-by-Section Analysis

 

Section 1 Short Title

Section 2 Definitions

 

Title I Promotion of Commercial Space Opportunities

 

Section 101 Commercialization of Space Station - Requires a report from NASA that identifies and examines the opportunities for commercial ventures to play a role in Space Station activities; the potential cost savings from using commercial ventures; and the policies that the NASA Administrator is advancing to encourage commercial opportunities.

Section 102 Commercial Space Launch Amendments - Gives the Office of Commercial Space Transportation authority to license reentry activities; requires the Secretary of Transportation to issue regulations related to obtaining a license; and requires the Secretary of Transportation to submit an annual report on (1) the licensing activities for space transportation vehicles and (2) the performance of the Office of Commercial Space Transportation.

Section 103 Launch Voucher Demonstration Program - Section 504 of the FY93 National Aeronautics and Space Administration Act (P.L. 102-588) is amended by striking out outdated references to dates and offices.

Section 104 Promotion of United States Global Positioning System Standards -

Reaffirms U.S. policy to make the U.S. Global Positioning System (GPS) the world standard and to continue the operation of GPS on a continuous worldwide basis, free of direct user fees.

Section 105 Acquisition of Space Science Data - Encourages NASA to buy space science data from commercial providers. "Space science data" includes scientific data concerning the elemental and mineralogical resources of the moon, asteroids, planets and their moons, and comets.

 

title II - Remote Sensing

 

Section 201 Land Remote Sensing Policy Act of 1992 Amendments - Updates the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.). Directs the Office of Science and Technology Policy to submit to Congress the Landsat Management Plan. Requires the Secretary of Commerce to publish a list of requirements for applicants seeking a license to own and operate a remote sensing satellite. Creates a presumption of approval for license applications that comply with title requirements. Prevents the Secretary of Commerce from seeking to enjoin a licensee from entering into a foreign agreement unless the Secretary first transmits a determination to the licensee that such participation is inconsistent with national security or international obligations. Requires the Secretary of Commerce to notify Congress of any action to limit collection or distribution of data. Requires the Secretary to report to Congress any injunctions that it seeks against a U.S. commercial provider. Prohibits the federal government from duplicating U.S. commercial provider activities unless significant savings can be realized. Requires the Secretaries of Defense and State to consult with the Secretary of Commerce regarding license applications and determine whether such applications are consistent with U.S. national security interests and international obligations. Treats the absence of objection from either the Secretary of Defense or State to a license application as confirmation that the application is consistent with U.S national security and international obligations within a specific time period. Encourages the U.S. government to consider providing vouchers for use of U.S. commercial remote sensing services and products to developing nations as a component of U.S. international aid programs.

Section 202 Acquisition of Earth Science Data - Encourages NASA to buy Earth remote sensing data from commercial providers and requires a study on how scientific requirements of MTPE can be met by commercial providers.

 

Title III Federal Acquisition of Space Transportation Services

 

Section 301 Requirement to Procure Commercial Space Transportation Services - Requires the federal government to procure space transportation services from U.S. commercial providers and, to the maximum practicable extent, plan missions to accommodate the space transportation capabilities of U.S. commercial providers. Exceptions to this policy: the payload requires the unique capabilities of the Space Shuttle; U.S. commercial providers cannot provide cost-effective space transportation services when required; the use of space transportation services from U.S. commercial providers poses an unacceptable risk of loss of a unique scientific opportunity; the use of space transportation services from U.S. commercial providers is inconsistent with U.S. national security objectives; it is more cost-effective to launch a payload in conjunction with the test or demonstration of a space transportation vehicle owned by the federal government; or 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 specific requirements authorized by the Administrator. Directs only the Secretary of the Air Force or the NASA Administrator to make determinations about when an exception shall be granted. Does not apply to space transportation services and vehicles acquired or owned by the federal government before the enactment date or to contracts for such acquisition or ownership that have been entered into prior to the enactment date.

Section 302 Acquisition of Space Transportation Services - Space transportation services are to be considered a "commercial item" for purposes of acquisition laws and regulations.

Section 303 Launch Services Purchase Act of 1990 Amendments - Updates the Launch Services Purchase Act of 1990.