Sec. 211. Low-Earth orbit commercialization
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/bill/116/s/2800/is/section-211A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the policy of the United States to encourage the development of a thriving and robust United States commercial sector in low-Earth orbit. The Administrator shall continue to increase the use of assets, products, and services of private entities in the United States to fulfill the low-Earth orbit requirements of the Administration. Except as provided in paragraph (2), the Administrator may not offer to a foreign person or a foreign government a spaceflight product or service relating to the ISS, if a comparable spaceflight product or service, as applicable, is offered by a private entity in the United States.
The Administrator may offer a space-flight product or service relating to the ISS to the government of a country that is a signatory to the Agreement Among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America Concerning Cooperation on the Civil International Space Station, signed at Washington January 29, 1998, and entered into force on March 27, 2001 (TIAS 12927).
To provide opportunities for additional transport of astronauts to the ISS and help establish a commercial market in low-Earth orbit, the Administrator may permit short-duration missions to the ISS for commercial passengers. The Administrator shall establish a low-Earth orbit commercialization program to encourage the fullest commercial use and development of space by private entities in the United States. The program established under paragraph
(1)shall, to the maximum extent practicable, include activities— to stimulate demand for— space-based commercial research, development, and manufacturing; spaceflight products and services; and human spaceflight products and services in low-Earth orbit; to improve the capability of the ISS to accommodate commercial users; and subject to paragraph (3), to foster the development of commercial space stations and habitats. With respect to an activity to develop a commercial space station or habitat, the Administrator shall give priority to an activity for which a private entity provides a share of the cost to develop and operate the activity. The Administrator may not provide funding for the development of a commercial space station or habitat until after the date on which the Administrator awards a contract for the use of a docking port on the ISS. Not later than 30 days after the date that an award or agreement is made to carry out an activity to develop a commercial space station or habitat, the Administrator shall submit to the appropriate committees of Congress a report on the development of the commercial space station or habitat, as applicable, that includes— a business plan that describes the manner in which the project will— meet the future requirements of NASA for low-Earth orbit human space-flight services; and fulfill the cost-share funding prioritization under subparagraph (A); and a review of the viability of the operational business case, including— the level of expected Government participation; a list of anticipated nongovernmental an international customers and associated contributions; and an assessment of long-term sustainability for the nongovernmental customers, including an independent assessment of the viability of the market for such commercial services or products.