[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Extensions of Remarks]
[Page E1481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 3230, NATIONAL DEFENSE AUTHORIZATION ACT FOR 
                            FISCAL YEAR 1997

                                 ______
                                 

                               speech of

                         HON. ROBERT S. WALKER

                            of pennsylvania

                    in the house of representatives

                        Thursday, August 1, 1996

  Mr. WALKER. Mr. Speaker, the Defense Authorization bill agreed to by 
conferees is a solid piece of legislation, which represents an honest 
effort to reach compromise among all parties, and I will vote for final 
passage. Nevertheless, there is one provision in the bill that concerns 
me, and which I feel obligated to address. There is a section in the 
bill entitled, ``Prohibition of Collection and Release of Detailed 
Satellite Imagery Relating to Israel,'' which, from the time of 
enactment on, will prohibit the United States Government from licensing 
American commercial remote sensing companies to collect or disseminate 
imagery of Israel that is more detailed than imagery that is available 
from other, non-American commercial sources. This provision contradicts 
bipartisan efforts by Congress and the executive branch since 1984 to 
promote commercial remote sensing as a leading sector of the American 
aerospace industry. Ultimately, I believe this provision is bad for 
both the United States and Israel.
  This provision was offered as an amendment to the Senate defense 
authorization bill without hearings, debate, or any other public 
discussion. Originally, it was considerably more restrictive, but 
conferees were able to address some of my specific concerns. 
Nevertheless, this prohibition remains unnecessary and 
counterproductive. It sets back our efforts to reinvigorate the U.S. 
aerospace industry through commercialization, and contradicts 
traditional American principles such as open skies and freedom of 
information.
  I believe that the sponsors of this provision are concerned with 
Israeli national security, which is a concern that I share. Israel has 
always had a special place in American policy and always will. But, 
this provision does nothing to improve Israeli security. Aircraft 
flying in international airspace can already image Israel in greater 
detail than that licensed by commercial satellites, which the United 
States Government cannot prevent and which this measure does not 
address.
  In the long run, by forcing United States industry to surrender its 
advantage to foreign entities, this amendment will take control over 
the shutters of commercial remote sensing satellites out of the hands 
of the United States Government and place it in the hands of the 
French, Russians, Chinese, Indians, Brazilians, and any other number of 
countries that are working on commercial remote sensing satellites. 
None of these countries is likely to be as sensitive to Israeli 
security as we are, but this provision will place more power over 
imaging Israel in their hands. Consequently, this will undermine 
Israeli security in the long run.
  Some might believe that we should accept this measure as a symbol of 
the United States commitment to Israeli security. Symbols have a place, 
but not when they do real harm to our national interests, in this case, 
our interest in promoting commercial space development and U.S. global 
leadership. The commercial remote sensing industry is in its infancy; 
like a newborn, it is highly vulnerable to sudden changes in its 
environment. The simple fact is that business can't flourish if we keep 
changing the rules, and this provision changes the rules. There are 
measures in current law, policy, and regulation that enable the U.S. 
Government to restrict the operations of U.S. commercial remote sensing 
satellites if needed for U.S. national security, foreign policy, or 
international obligations. This provision essentially throws that 
rational process out the window and provides a predetermined answer. 
Under such capricious Government action, it will become increasingly 
difficult, if not impossible, for private American firms to raise 
investment capital, and so the section threatens the entire industry. 
That's bad for American aerospace workers, who have suffered enormously 
under defense cuts in the last few years.
  The U.S. Government has gone through the process of considering U.S. 
and allied security interests when it issued nine licenses to U.S. 
companies for commercial remote sensing as detailed as one meter. None 
of those licenses places restrictions on imaging Israel. So, the 
Government has already been through a rational policymaking process 
which found no interests were served by prohibitions on imaging Israel. 
Furthermore, this section of the bill only calls on the Government to 
place possible restrictions on licenses issued in the future, after it 
becomes law. It does nothing to retroactively affect the United States 
companies for whom the Government has already issued licenses, and on 
which the Government placed no restrictions about imaging Israel.
  I fear that this provision will constrain U.S. industry in the future 
and give its competition a commercial advantage. The Wall Street 
Journal reported in February that organizations owned by the Israeli 
Government were going to partner with United States firms to offer 
commercial remote sensing services similar to those offered by American 
companies. The trade weekly Space News printed an interview with the 
head of the Israeli Space Agency on July 29 in which he said that the 
state of Israel was trying to enter the commercial remote sensing 
market in partnership with Germany and Ukraine. If we believe the head 
of the Israeli Space Agency, then the result was be a protected market 
for Israel at the expense of United States aerospace workers and 
companies.
  In general, this provision demonstrates an inadequate understanding 
of our contemporary times. It seeks to prohibit the creation and 
distribution of information, which authoritarian governments have tried 
and failed to do for decades. The genius of our system, and one reason 
our economy continues to grow, is that Americans believe in the wide 
exchange of information. In the Information Age, that gives us natural 
advantages because information naturally spreads. One builds economic 
strength and protects national security in the information age by 
winning technological competitions and staying at the forefront of 
technological change. This section of the bill seeks to prevent that 
and takes us in the wrong direction. It is a well-meant, but misplaced 
effort that I hope we will not repeat in the future.

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