112 STAT. 2844
PUBLIC LAW 105-303 —OCT. 28, 1998
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 longterm research, development, and manufacturing
(including the manufacture of major components
and subassemblies); and
(II) significant contributions to employment in
the llnited 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).
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