Commercial Space Act of 1998

TABLE OF CONTENTS:

Title I: Promotion of Commercial Space Opportunities

Title II: Federal Acquisition of Space Transportation

Services

Commercial Space Act of 1998 - Title I: Promotion of Commercial Space Opportunities - Requires the Administrator of the National Aeronautics and Space Administration (NASA) to deliver to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate: (1) a specified study that identifies and examines the opportunities for commercial providers to play a role in International Space Station activities, including operation, use, servicing, and augmentation; and (2) 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 (including updates to the cost savings and revenue estimates made in the preceding study, based on the external market assessment). Requires the Administrator to report to the Congress, no later than the submission of the President's annual budget request for FY 2000, stating the number of proposals (whether solicited or not) NASA received during 1997 and 1998 regarding commercial operation, servicing, utilization, or augmentation of the International Space Station, and specifying how many agreements NASA has entered into in response to these proposals. States that each of the studies and reports required shall include consideration of the potential role of State governments as brokers in promoting commercial participation in the International Space Station program.

(Sec. 102) Amends Federal law to include reentry vehicles and reentry operations within the scope of commercial space launch activities. Revises provisions which consider a launch not to be an export to provide that payloads launched pursuant to foreign trade zone procedures as provided for under the Foreign Trade Zones Act shall be considered to be exports with regard to customs entry.

Mandates an annual report by the Secretary of Transportation on commercial launches and reentries.

Authorizes appropriations to the Secretary of Transportation for the activities of the Office of the Associate Administrator for Commercial Space Transportation for FY 1999 and 2000.

(Sec. 103) Amends the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 to: (1) discontinue funding of the commercial launch voucher demonstration program through the Office of Commercial Programs within NASA (continues funding such program directly through NASA); and (2) extend the program indefinitely.

(Sec. 104) Encourages the President to promote U.S. Global Positioning System standards.

(Sec. 105) Directs NASA to purchase space science data from a commercial provider to the extent possible.

(Sec. 106) Provides for the administration of the Commercial Space Center program in a coordinated manner from NASA headquarters.

(Sec. 107) Directs the Administrator to: (1) acquire space-based and airborne Earth remote sensing data provided by a commercial provider to the extent possible and while satisfying the scientific or educational requirements of NASA and of other Federal agencies and scientific researchers; and (2) conduct a study to determine the extent to which baseline scientific requirements of Earth Science can be met by commercial providers and to determine how NASA will meet such requirements which cannot be met by commercial providers. Requires that the study be carried out as part of the Commercial Remote Sensing Program at the Stennis Space Center.

Amends the Land Remote Sensing Policy Act to revise licensing requirements to require remote sensing space system licensees to notify the Secretary of Commerce of any significant or substantial agreement intended to be entered into with a foreign entity (currently, any agreement entered into with foreign entities).

Title II: Federal Acquisition of Space Transportation Services - Requires the Federal Government to procure space transportation services from U.S. commercial providers whenever such services are required in the course of its activities, subject to exception, including if, on a case-by-case basis, the use of such services is inconsistent with international agreements for international collaborative efforts relating to science or technology.

(Sec. 203) Makes conforming amendments to the Launch Services Purchase Act of 1990. Maintains the prohibition for the launching of commercial payloads as primary payloads on the space shuttle.

(Sec. 204) Provides for a study and report on space shuttle privatization.

(Sec. 205) Prohibits the Federal Government from: (1) converting certain excess intercontinental ballistic missiles to a space transportation vehicle configuration; or (2) transferring ownership of such missiles to another person, except as provided in this Act. Authorizes such conversions if the agency seeking to use the missile certifies to specified congressional committees that the use of the missile: (1) would result in Government cost savings compared to the cost of acquiring space transportation services from commercial providers; (2) meets all agency mission requirements; (3) is consistent with U.S. international obligations; and (4) is approved by the Secretary of Defense.

(Sec. 206) Requires the Secretary of Defense to report to specified congressional committees on the total potential national mission model (a model to assess the total potential space missions to be conducted in the United States during a specified time period), with information on resources available or necessary to carry out the model, including: (1) Defense Department, NASA, and non-Federal launch property and services; and (2) the ability to support commercial launch-on-demand on short notification at launch sites or test ranges in the United States. Directs the Secretary, based on such reports, to identify: (1) opportunities for investment by non-Federal entities to assist the Federal Government in providing launch capabilities for the U.S. commercial space industry; (2) one or more methods by which the control of the Department's and NASA's launch property and launch services may be transferred to one or more Federal agencies, States, or private sector entities if sufficient resources to carry out the model are unavailable; and (3) the technical, structural, and legal impediments associated with making U.S. launch sites or test ranges viable and competitive.