
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14701]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
 CHAPTER 141--COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION SERVICES
 
Sec. 14701. Definitions

    For purposes of this chapter--
        (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 chapter;
                    (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).

(Pub. L. 105-303, Sec. 2, Oct. 28, 1998, 112 Stat. 2843.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning Pub. L. 105-303, Oct. 28, 1998, 112 Stat. 2843, known as the 
Commercial Space Act of 1998. For complete classification of this Act to 
the Code, see Short Title note set out below and Tables.


                               Short Title

    Pub. L. 105-303, Sec. 1(a), Oct. 28, 1998, 112 Stat. 2843, provided 
that: ``This Act [enacting this chapter and sections 70120 and 70121 of 
Title 49, Transportation, amending sections 2465c and 2465f of this 
title, sections 5621, 5622, and 5803 of Title 15, Commerce and Trade, 
and sections 70101 to 70106, 70108 to 70113, 70115, 70117, and 70119 of 
Title 49, repealing sections 2465b, 2465d, and 2465e of this title, and 
enacting provisions set out as a note under section 70105 of Title 49] 
may be cited as the `Commercial Space Act of 1998'.''
