[Congressional Record Volume 142, Number 128 (Tuesday, September 17, 1996)]
[House]
[Pages H10470-H10478]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             SPACE COMMERCIALIZATION PROMOTION ACT OF 1996

  Mr. WALKER. Mr. Speaker, I move to suspend the rule and pass the bill 
(H.R. 3936) to encourage the development of a commercial space industry 
in the United States, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3936

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Space 
     Commercialization Promotion Act of 1996''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

          TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

Sec. 101. Commercialization of space station.
Sec. 102. Commercial space launch amendments.
Sec. 103. Exceptions to employment restrictions.
Sec. 104. Launch voucher demonstration program.
Sec. 105. Promotion of United States Global Positioning System 
              standards.
Sec. 106. Acquisition of space science data.

                        TITLE II--REMOTE SENSING

Sec. 201. Land Remote Sensing Policy Act of 1992 amendments.
Sec. 202. Acquisition of earth remote sensing data.

    TITLE III--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

Sec. 301. Requirement to procure commercial space transportation 
              services.
Sec. 302. Acquisition of space transportation services.
Sec. 303. Launch Services Purchase Act of 1990 amendments.
Sec. 304. Use of excess intercontinental ballistic missiles.

     SEC. 2. DEFINITIONS.

       For purposes of this Act--
       (1) the term ``Administrator'' means the Administrator of 
     the National Aeronautics and Space Administration;

[[Page H10471]]

       (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 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).

          TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

     SEC. 101. COMMERCIALIZATION OF SPACE STATION.

       (a) Policy.--The Congress declares that a priority goal of 
     constructing the International Space Station is the economic 
     development of Earth orbital space. The Congress further 
     declares that free and competitive markets create the most 
     efficient conditions for promoting economic development, and 
     should therefore govern the economic development of Earth 
     orbital space. The Congress further declares that free market 
     principles should be used in operating and adding 
     capabilities to the Space Station whenever possible.
       (b) Report.--The Administrator shall deliver to the 
     Congress, within 60 days after the date of the enactment of 
     this Act, a market study that examines the role of commercial 
     ventures which could supply, use, service, or augment the 
     International Space Station, the specific policies and 
     initiatives the Administrator is advancing to encourage these 
     commercial opportunities, the cost savings to be realized by 
     the international partnership from applying commercial 
     approaches to cost-shared operations, and the cost 
     reimbursements to the United States Government from 
     commercial users of the Space Station.

     SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS.

       (a) Amendments.--Chapter 701 of title 49, United States 
     Code, is amended--
       (1) in the table of sections--
       (A) by amending the item relating to section 70104 to read 
     as follows:

``70104. Restrictions on launches, operations, and reentries.'';
       (B) by amending the item relating to section 70108 to read 
     as follows:

``70108. Prohibition, suspension, and end of launches, operation of 
              launch sites and reentry sites, and reentries.'';
       (C) by amending the item relating to section 70109 to read 
     as follows:

``70109. Preemption of scheduled launches or reentries.'';
     and
       (D) by adding at the end the following new items:

``70120. Regulations.
``70121. Report to Congress.''.
       (2) in section 70101--
       (A) by inserting ``microgravity research,'' after 
     ``information services,'' in subsection (a)(3);
       (B) by inserting ``, reentry,'' after ``launching'' both 
     places it appears in subsection (a)(4);
       (C) by inserting ``, reentry vehicles,'' after ``launch 
     vehicles'' in subsection (a)(5);
       (D) by inserting ``and reentry services'' after ``launch 
     services'' in subsection (a)(6);
       (E) by inserting ``, reentries,'' after ``launches'' both 
     places it appears in subsection (a)(7);
       (F) by inserting ``, reentry sites,'' after ``launch 
     sites'' in subsection (a)(8);
       (G) by inserting ``and reentry services'' after ``launch 
     services'' in subsection (a)(8);
       (H) by inserting ``reentry sites,'' after ``launch sites,'' 
     in subsection (a)(9);
       (I) by inserting ``and reentry site'' after ``launch site'' 
     in subsection (a)(9);
       (J) by inserting ``, reentry vehicles,'' after ``launch 
     vehicles'' in subsection (b)(2);
       (K) by striking ``launch'' in subsection (b)(2)(A);
       (L) by inserting ``and reentry'' after ``conduct of 
     commercial launch'' in subsection (b)(3);
       (M) by striking ``launch'' after ``and transfer 
     commercial'' in subsection (b)(3); and
       (N) by inserting ``and development of reentry sites,'' 
     after ``launch-site support facilities,'' in subsection 
     (b)(4);
       (3) in section 70102--
       (A) by striking ``and any payload'' and inserting in lieu 
     thereof ``or reentry vehicle and any payload from Earth'' in 
     paragraph (3);
       (B) in paragraph (5)--
       (i) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively; and
       (ii) by inserting before subparagraph (B), as so 
     redesignated by clause (i) of this subparagraph, the 
     following new subparagraph:
       ``(A) activities directly related to the preparation of a 
     launch site or payload facility for one or more launches;'';
       (C) by inserting ``or reentry vehicle'' after ``means of a 
     launch vehicle'' in paragraph (8);
       (D) by redesignating paragraphs (10) through (12) as 
     paragraphs (14) through (16), respectively;
       (E) by inserting after paragraph (9) the following new 
     paragraphs:
       ``(10) `reenter' and `reentry' mean to return or attempt to 
     return, purposefully, a reentry vehicle and its payload, if 
     any, from Earth orbit or from outer space to Earth.
       ``(11) `reentry services' means--
       ``(A) activities involved in the preparation of a reentry 
     vehicle and its payload, if any, for reentry; and
       ``(B) the conduct of a reentry.
       ``(12) `reentry site' means the location on Earth to which 
     a reentry vehicle is intended to return (as defined in a 
     license the Secretary issues or transfers under this 
     chapter).
       ``(13) `reentry vehicle' means a vehicle designed to return 
     from Earth orbit or outer space to Earth, or a reusable 
     launch vehicle designed to return from outer space to Earth, 
     substantially intact.''; and
       (F) by inserting ``or reentry services'' after ``launch 
     services'' each place it appears in paragraph (15), as so 
     redesignated by subparagraph (D) of this paragraph;
       (4) in section 70103--
       (A) by striking ``The Secretary'' in subsection (a) and 
     inserting in lieu thereof ``Except as provided in section 
     70122, the Secretary''; and
       (B) in subsection (b)--
       (i) by inserting ``and Reentries and State Sponsored 
     Spaceports'' after ``Launches'' in the subsection heading;
       (ii) by striking ``by the private sector'' in paragraph (1) 
     and inserting in lieu thereof ``and reentries by the private 
     sector and State sponsored spaceports'' after ``space 
     launches''; and
       (iii) by inserting ``and reentry'' after ``space launch'' 
     in paragraph (2);
       (5) in section 70104--
       (A) by amending the section designation and heading to read 
     as follows:

     ``Sec. 70104. Restrictions on launches, operations, and 
       reentries'';

       (B) by inserting ``or reentry site, or to reenter a reentry 
     vehicle,'' after ``operate a launch site'' each place it 
     appears in subsection (a);
       (C) by inserting ``or reentry'' after ``launch or 
     operation'' in subsection (a)(3) and (4);
       (D) in subsection (b)--
       (i) by striking ``launch license'' and inserting in lieu 
     thereof ``license'';
       (ii) by inserting ``or reenter'' after ``may launch''; and
       (iii) by inserting ``or reentering'' after ``related to 
     launching''; and
       (E) in subsection (c)--
       (i) by amending the subsection heading to read as follows: 
     ``Preventing Launches and Reentries.--'';
       (ii) by inserting ``or reentry'' after ``prevent the 
     launch''; and
       (iii) by inserting ``or reentry'' after ``decides the 
     launch'';
       (6) in section 70105--
       (A) by inserting ``(1)'' before ``A person may apply'' in 
     subsection (a);
       (B) by striking ``receiving an application'' both places it 
     appears in subsection (a) and

[[Page H10472]]

     inserting in lieu thereof ``accepting an application in 
     accordance with criteria established pursuant to subsection 
     (b)(2)(D)'';
       (C) by inserting at the end of subsection (a) the 
     following: ``The Secretary shall submit to the Committee on 
     Science of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate a written 
     notice not later than 7 days after any occurrence when a 
     license is not issued within the deadline established by this 
     subsection.'';
       (D) by adding at the end of subsection (a) the following 
     new paragraph:
       ``(2) In carrying out paragraph (1), the Secretary may 
     establish procedures for certification of the safety of 
     launch vehicles, reentry vehicles, safety systems, 
     procedures, services, or personnel that may be used in 
     conducting licensed commercial space launch or reentry 
     activities.'';
       (E) by inserting ``or a reentry site, or the reentry of a 
     reentry vehicle,'' after ``operation of a launch site'' in 
     subsection (b)(1);
       (F) by striking ``or operation'' and inserting in lieu 
     thereof ``, operation, or reentry'' in subsection (b)(2)(A);
       (G) by striking ``and'' at the end of subsection (b)(2)(B);
       (H) by striking the period at the end of subsection 
     (b)(2)(C) and inserting in lieu thereof ``; and'';
       (I) by adding at the end of subsection (b)(2) the following 
     new subparagraph:
       ``(D) regulations establishing criteria for accepting or 
     rejecting an application for a license under this chapter 
     within 60 days after receipt of such application.''; and
       (J) by inserting ``, including the requirement to obtain a 
     license,'' after ``waive a requirement'' in subsection 
     (b)(3);
       (7) in section 70106(a)--
       (A) by inserting ``or reentry site'' after ``observer at a 
     launch site'';
       (B) by inserting ``or reentry vehicle'' after ``assemble a 
     launch vehicle''; and
       (C) by inserting ``or reentry vehicle'' after ``with a 
     launch vehicle'';
       (8) in section 70108--
       (A) by amending the section designation and heading to read 
     as follows:

     ``Sec. 70108. Prohibition, suspension, and end of launches, 
       operation of launch sites and reentry sites, and 
       reentries'';

     and
       (B) in subsection (a)--
       (i) by inserting ``or reentry site, or reentry of a reentry 
     vehicle,'' after ``operation of a launch site''; and
       (ii) by inserting ``or reentry'' after ``launch or 
     operation'';
       (9) in section 70109--
       (A) by amending the section designation and heading to read 
     as follows:

     ``Sec. 70109. Preemption of scheduled launches or 
       reentries'';

       (B) in subsection (a)--
       (i) by inserting ``or reentry'' after ``ensure that a 
     launch'';
       (ii) by inserting ``, reentry site,'' after ``United States 
     Government launch site'';
       (iii) by inserting ``or reentry date commitment'' after 
     ``launch date commitment'';
       (iv) by inserting ``or reentry'' after ``obtained for a 
     launch'';
       (v) by inserting ``, reentry site,'' after ``access to a 
     launch site'';
       (vi) by inserting ``, or services related to a reentry,'' 
     after ``amount for launch services''; and
       (vii) by inserting ``or reentry'' after ``the scheduled 
     launch''; and
       (C) in subsection (c), by inserting ``or reentry'' after 
     ``prompt launching'';
       (10) in section 70110--
       (A) by inserting ``or reentry'' after ``prevent the 
     launch'' in subsection (a)(2); and
       (B) by inserting ``or reentry site, or reentry of a reentry 
     vehicle,'' after ``operation of a launch site'' in subsection 
     (a)(3)(B);
       (11) in section 70111--
       (A) by inserting ``or reentry'' after ``launch'' in 
     subsection (a)(1)(A);
       (B) by inserting ``and reentry services'' after ``launch 
     services'' in subsection (a)(1)(B);
       (C) in subsection (a)(1), by inserting after subparagraph 
     (B) the following:

     ``The Secretary shall coordinate the establishment of 
     criteria and procedures for determining the priority of 
     competing requests from the private sector and State 
     governments for property and services under this section.'';
       (D) by inserting ``or reentry services'' after ``or launch 
     services'' in subsection (a)(2);
       (E) by inserting ``or reentry'' after ``commercial launch'' 
     both places it appears in subsection (b)(1);
       (F) by inserting ``or reentry services'' after ``launch 
     services'' in subsection (b)(2)(C);
       (G) by inserting after subsection (b)(2) the following new 
     paragraph:
       ``(3) The Secretary shall ensure the establishment of 
     uniform guidelines for, and consistent implementation of, 
     this section by all Federal agencies.'';
       (H) by striking ``or its payload for launch'' in subsection 
     (d) and inserting in lieu thereof ``or reentry vehicle, or 
     the payload of either, for launch or reentry''; and
       (I) by inserting ``, reentry vehicle,'' after 
     ``manufacturer of the launch vehicle'' in subsection (d);
       (12) in section 70112--
       (A) in subsection (a)(1), by inserting ``launch, reentry, 
     or site operator'' after ``(1) When a'';
       (B) by inserting ``or reentry'' after ``one launch'' in 
     subsection (a)(3);
       (C) by inserting ``or reentry services'' after ``launch 
     services'' in subsection (a)(4);
       (D) in subsection (b)(1), by inserting ``launch, reentry, 
     or site operator'' after ``(1) A'';
       (E) by inserting ``or reentry services'' after ``launch 
     services'' each place it appears in subsection (b);
       (F) by inserting ``applicable'' after ``carried out under 
     the'' in paragraphs (1) and (2) of subsection (b);
       (G) by striking ``, Space, and Technology'' in subsection 
     (d)(1);
       (H) by inserting ``or Reentries'' after ``Launches'' in the 
     heading for subsection (e);
       (I) by inserting ``or reentry site or a reentry'' after 
     ``launch site'' in subsection (e); and
       (J) in subsection (f), by inserting ``launch, reentry, or 
     site operator'' after ``carried out under a'';
       (13) in section 70113(a)(1) and (d)(1) and (2), by 
     inserting ``or reentry'' after ``one launch'' each place it 
     appears;
       (14) in section 70115(b)(1)(D)(i)--
       (A) by inserting ``reentry site,'' after ``launch site,''; 
     and
       (B) by inserting ``or reentry vehicle'' after ``launch 
     vehicle'' both places it appears;
       (15) in section 70117--
       (A) by inserting ``or reentry site, or to reenter a reentry 
     vehicle'' after ``operate a launch site'' in subsection (a);
       (B) by inserting ``or reentry'' after ``approval of a space 
     launch'' in subsection (d);
       (C) by amending subsection (f) to read as follows:
       ``(f) Launch Not an Export; Reentry Not an Import.--A 
     launch vehicle, reentry vehicle, or payload that is launched 
     or reentered is not, because of the launch or reentry, an 
     export or import, respectively, for purposes of a law 
     controlling exports or imports.''; and
       (D) in subsection (g)--
       (i) by striking ``operation of a launch vehicle or launch 
     site,'' in paragraph (1) and inserting in lieu thereof 
     ``reentry, operation of a launch vehicle or reentry vehicle, 
     operation of a launch site or reentry site,''; and
       (ii) by inserting ``reentry,'' after ``launch,'' in 
     paragraph (2); and
       (16) by adding at the end the following new sections:

     ``Sec. 70120. Regulations

       ``The Secretary of Transportation, within 6 months after 
     the date of the enactment of this section, shall issue 
     regulations to carry out this chapter that include--
       ``(1) guidelines for industry to obtain sufficient 
     insurance coverage for potential damages to third parties;
       ``(2) procedures for requesting and obtaining licenses to 
     operate a commercial launch vehicle or reentry vehicle;
       ``(3) procedures for requesting and obtaining operator 
     licenses for launch or reentry;
       ``(4) procedures for requesting and obtaining launch site 
     or reentry site operator licenses; and
       ``(5) procedures for the application of government 
     indemnification.

     ``Sec. 70121. Report to Congress

       ``The Secretary of Transportation shall submit to Congress 
     an annual report to accompany the President's budget request 
     that--
       ``(1) describes all activities undertaken under this 
     chapter, including a description of the process for the 
     application for and approval of licenses under this chapter 
     and recommendations for legislation that may further 
     commercial launches and reentries; and
       ``(2) reviews the performance of the regulatory activities 
     and the effectiveness of the Office of Commercial Space 
     Transportation.''.
       (b) Effective Date.--The amendments made by subsection 
     (a)(6)(B) shall take effect upon the effective date of final 
     regulations issued pursuant to section 70105(b)(2)(D) of 
     title 49, United States Code, as added by subsection 
     (a)(6)(I).

     SEC. 103. EXCEPTIONS TO EMPLOYMENT RESTRICTIONS.

       (a) Inapplicability of Certain Post-Employment 
     Restrictions.--Subsections (a) and (c) of section 207 of 
     title 18, United States Code, and section 27(d) of the Office 
     of Federal Procurement Policy Act (41 U.S.C. 423(d)) shall 
     not apply to employees or former employees of the National 
     Aeronautics and Space Administration seeking employment with 
     an entity that is awarded the Space Flight Operations 
     Contract for the Space Shuttle.
       (b) Exception.--Subsection (a) shall not apply to an 
     employee or former employee who, while employed with the 
     National Aeronautics and Space Administration--
       (1) served, at the time of selection of the contractor for 
     the contract referred to in subsection (a) or the award of 
     such contract, as the procuring contracting officer, the 
     source selection authority, a member of the source selection 
     evaluation board, or the chief of a financial or technical 
     evaluation team;
       (2) served as the program manager, deputy program manager, 
     or administrative contracting officer for the contract; or
       (3) personally made for the National Aeronautics and Space 
     Administration a decision to award the contract or a 
     modification of the contract.

     SEC. 104. LAUNCH VOUCHER DEMONSTRATION PROGRAM.

       Section 504 of the National Aeronautics and Space 
     Administration Authorization Act, Fiscal Year 1993 (15 U.S.C. 
     5803) is amended--

[[Page H10473]]

       (1) in subsection (a)--
       (A) by striking ``the Office of Commercial Programs 
     within''; and
       (B) by striking ``Such program shall not be effective after 
     September 30, 1995.'';
       (2) by striking subsection (c); and
       (3) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.

     SEC. 105. PROMOTION OF UNITED STATES GLOBAL POSITIONING 
                   SYSTEM STANDARDS.

       (a) Finding.--The Congress finds that the Global 
     Positioning System, including satellites, signal equipment, 
     ground stations, data links, and associated command and 
     control facilities, has become an essential element in civil, 
     scientific, and military space development because of the 
     emergence of a United States commercial industry which 
     provides Global Positioning System equipment and related 
     services.
       (b) International Cooperation.--The Congress therefore 
     encourages the President to--
       (1) undertake a coordinated effort within the executive 
     branch to promote cooperation with foreign governments and 
     international organizations to advance United States 
     interests with respect to the Global Positioning System 
     standards and augmentations; and
       (2) ensure the operation of the Global Positioning System 
     on a continuous worldwide basis free of direct user fees.

     SEC. 106. ACQUISITION OF SPACE SCIENCE DATA.

       (a) Acquisition From Private Sector.--The Administrator 
     shall, to the maximum extent possible and while fully 
     satisfying the scientific requirements of the National 
     Aeronautics and Space Administration, acquire, where cost 
     effective, space science data from the private sector.
       (b) Treatment of Space Science Data as Commercial Item 
     Under Acquisition Laws.--Acquisitions of space science data 
     by the Administrator shall be carried out in accordance with 
     applicable acquisition laws and regulations (including 
     chapters 137 and 140 of title 10, United States Code), except 
     that space science data shall be considered to be a 
     commercial item for purposes of such laws and regulations 
     (including section 2306a of title 10, United States Code 
     (relating to cost or pricing data), section 2320 of such 
     title (relating to rights in technical data) and section 2321 
     of such title (relating to validation of proprietary data 
     restrictions)).
       (c) Definition.--For purposes of this section, the term 
     ``space science data'' includes scientific data concerning 
     the elemental and mineralogical resources of the moon and the 
     planets, Earth environmental data obtained through remote 
     sensing observations, and solar storm monitoring.
       (d) Safety Standards.--Nothing in this section shall be 
     construed to prohibit the Federal Government from requiring 
     compliance with applicable safety standards.
       (e) Limitation.--This section does not authorize the 
     National Aeronautics and Space Administration to provide 
     financial assistance for the development of commercial 
     systems for the collection of space science data.
                        TITLE II--REMOTE SENSING

     SEC. 201. LAND REMOTE SENSING POLICY ACT OF 1992 AMENDMENTS.

       The Land Remote Sensing Policy Act of 1992 is amended--
       (1) in section 2 (15 U.S.C. 5601)--
       (A) by amending paragraph (5) to read as follows:
       ``(5) Commercialization of land remote sensing is a near-
     term goal, and should remain a long-term goal, of United 
     States policy.'';
       (B) by striking paragraph (6) and redesignating paragraphs 
     (7) through (16) as paragraphs (6) through (15), 
     respectively; and
       (C) in paragraph (11), as so redesignated by subparagraph 
     (B) of this paragraph, by striking ``determining the design'' 
     and all that follows through ``international consortium'' and 
     inserting in lieu thereof ``ensuring the continuity of 
     Landsat quality data'';
       (2) in section 101 (15 U.S.C. 5611)--
       (A) by inserting the following after subsection (b)(4):

     ``The Director of the Office of Science and Technology Policy 
     shall, no later than 60 days after the date of the enactment 
     of the Space Commercialization Promotion Act of 1996, 
     transmit the management plan to the Committee on Science of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.'';
       (B) in subsection (c)--
       (i) by inserting ``and'' at the end of paragraph (6);
       (ii) by striking paragraph (7); and
       (iii) by redesignating paragraph (8) as paragraph (7); and
       (C) in subsection (e)(1)--
       (i) by inserting ``and'' at the end of subparagraph (A);
       (ii) by striking ``, and'' at the end of subparagraph (B) 
     and inserting in lieu thereof a period; and
       (iii) by striking subparagraph (C);
       (3) in section 201 (15 U.S.C. 5621)--
       (A) by inserting ``(1)'' after ``National Security.--'' in 
     subsection (b);
       (B) in subsection (b)(1), as so designated by subparagraph 
     (A) of this paragraph, by striking ``No license'' and 
     inserting in lieu thereof ``Except as provided in paragraph 
     (3), no license'';
       (C) by adding at the end of subsection (b) the following 
     new paragraphs:
       ``(2) The Secretary, within 6 months after the date of the 
     enactment of the Space Commercialization Promotion Act of 
     1996, shall publish in the Federal Register a complete and 
     specific list of all information required to comprise a 
     complete application for a license under this title. An 
     application shall be considered complete when the applicant 
     has provided all information required by the list most 
     recently published in the Federal Register before the date 
     the application was first submitted. Unless the Secretary 
     has, within 30 days after receipt of an application, notified 
     the applicant of information necessary to complete an 
     application, the Secretary may not deny the application on 
     the basis of the absence of any such information.
       ``(3) The Secretary shall grant a license under this title 
     to any United States commercial provider (as such term is 
     defined in section 2 of the Space Commercialization Promotion 
     Act of 1996) whose application is in full compliance with the 
     requirements of this title.'';
       (D) in subsection (c), by amending the second sentence 
     thereof to read as follows: ``If the Secretary has not 
     granted the license within such 120-day period, the Secretary 
     shall inform the applicant, within such period, of any 
     pending issues and actions required to be carried out by the 
     applicant or the Secretary in order to result in the granting 
     of a license.''; and
       (E) in subsection (e)(2)(B), by striking ``and the 
     importance of promoting widespread access to remote sensing 
     data from United States and foreign systems'';
       (4) in section 202 (15 U.S.C. 5622)--
       (A) by striking ``section 506'' in subsection (b)(1) and 
     inserting in lieu thereof ``section 507'';
       (B) in subsection (b)(2), by striking ``as soon as such 
     data are available and on reasonable terms and conditions'' 
     and inserting in lieu thereof ``on reasonable terms and 
     conditions, including the provision of such data in a timely 
     manner'';
       (C) in subsection (b)(6), by striking ``any agreement'' and 
     inserting in lieu thereof ``any significant or substantial 
     agreement relating to land remote sensing''; and
       (D) by inserting after paragraph (6) of subsection (b) the 
     following:

     ``The Secretary may not terminate, modify, or suspend a 
     license issued pursuant to this title on the basis of an 
     agreement the Secretary receives notification of under 
     paragraph (6) unless the Secretary has, within 30 days after 
     receipt of such notification, transmitted to the licensee a 
     statement that such agreement is inconsistent with the 
     national security or international obligations of the United 
     States, including an explanation of such inconsistency.'';
       (5) in section 203 (15 U.S.C. 5623)--
       (A) in subsection (a)(2), by striking ``under this title 
     and'' and inserting in lieu thereof ``under this title or'';
       (B) in subsection (a)(3), by striking ``provide penalties'' 
     and inserting in lieu thereof ``seek, in a United States 
     District Court with personal jurisdiction over the licensee, 
     penalties''; and
       (C) in subsection (b), by striking ``(a)(3),'';
       (6) in section 204 (15 U.S.C. 5624), by striking ``may'' 
     and inserting in lieu thereof ``shall'';
       (7) in section 205(c) (15 U.S.C. 5625(c)), by striking ``if 
     such remote sensing space system is licensed by the Secretary 
     before commencing operation'' and inserting in lieu thereof 
     ``if such private remote sensing space system will be 
     licensed by the Secretary before commencing its commercial 
     operation'';
       (8) by adding at the end of title II the following new 
     section:

     ``SEC. 206. NOTIFICATION.

       ``(a) Limitations on Licensee.--Not later than 30 days 
     after a determination by the Secretary to require a licensee 
     to limit collection or distribution of data from a system 
     licensed under this title, the Secretary shall provide 
     written notification to Congress of such determination, 
     including the reasons therefor, the limitations imposed on 
     the licensee, and the period during which such limitations 
     apply.
       ``(b) Termination, Modification, or Suspension.--Not later 
     than 30 days after an action by the Secretary to seek an 
     order of injunction or other judicial determination pursuant 
     to section 203(a)(2), the Secretary shall provide written 
     notification to Congress of such action and the reasons 
     therefor.'';
       (9) in section 301 (15 U.S.C. 5631)--
       (A) by inserting ``, that are not being commercially 
     developed'' after ``and its environment'' in subsection 
     (a)(2)(B); and
       (B) by adding at the end the following new subsection:
       ``(d) Duplication of Commercial Sector Activities.--The 
     Federal Government shall not undertake activities under this 
     section which duplicate activities available from the 
     commercial sector, unless such activities would result in 
     significant cost savings to the Federal Government.'';
       (10) in section 302 (15 U.S.C. 5632)--
       (A) by striking ``(a) General Rule.--'';
       (B) by striking ``, including unenhanced data gathered 
     under the technology demonstration program carried out 
     pursuant to section 303,'' and inserting in lieu thereof 
     ``that is not otherwise available from the commercial 
     sector''; and
       (C) by striking subsection (b);
       (11) by repealing section 303 (15 U.S.C. 5633);
       (12) in section 401(b)(3) (15 U.S.C. 5641(b)(3)), by 
     striking ``, including any such enhancements developed under 
     the technology demonstration program under section 303,'';

[[Page H10474]]

       (13) in section 501(a) (15 U.S.C. 5651(a)), by striking 
     ``section 506'' and inserting in lieu thereof ``section 
     507'';
       (14) in section 502(c)(7) (15 U.S.C. 5652(c)(7)), by 
     striking ``section 506'' and inserting in lieu thereof 
     ``section 507'';
       (15) in section 506 (15 U.S.C. 5656)--
       (A) by inserting ``(1)'' after ``Communications 
     Commission.--'' in subsection (a);
       (B) by inserting at the end of subsection (a) the following 
     new paragraph:
       ``(2) The Federal Communications Commission, within 6 
     months after the date of the enactment of the Space 
     Commercialization Promotion Act of 1996, shall publish in the 
     Federal Register a complete and specific list of all 
     information required to comprise a complete application 
     described in paragraph (1). An application shall be 
     considered complete when the applicant has provided all 
     information required by the list most recently published in 
     the Federal Register before the date the application was 
     first submitted. Unless the Federal Communications Commission 
     has, within 30 days after receipt of an application, notified 
     the applicant of information necessary to complete an 
     application, the Federal Communications Commission may not 
     deny the application on the basis of the absence of any such 
     information.''; and
       (C) by adding at the end the following new subsection:
       ``(e) Fees.--The Federal Communications Commission shall 
     ensure that any licensing or other fees that a private remote 
     sensing space system operator subject to the licensing 
     requirements of title II is required to pay such Commission 
     shall be proportional to the cost to the Commission of the 
     radio licensing process for such person relative to the cost 
     to the Commission of licensing other entities subject to the 
     fee.''; and
       (16) in section 507 (15 U.S.C. 5657)--
       (A) by amending subsection (a) to read as follows:
       ``(a) Responsibility of the Secretary of Defense.--The 
     Secretary shall consult with the Secretary of Defense on all 
     matters under this Act affecting national security. The 
     Secretary of Defense shall be responsible for determining 
     those conditions, consistent with this Act, necessary to meet 
     national security concerns of the United States, and for 
     notifying the Secretary promptly of such conditions. Not 
     later than 60 days after receiving a request from the 
     Secretary, the Secretary of Defense shall recommend to the 
     Secretary any conditions for a license issued under title II, 
     consistent with this Act, that the Secretary of Defense 
     determines are needed to protect the national security of the 
     United States. If no such recommendation has been received by 
     the Secretary within such 60-day period, the Secretary shall 
     deem activities proposed in the license application to be 
     consistent with the protection of the national security of 
     the United States.'';
       (B) by striking subsection (b)(1) and (2) and inserting in 
     lieu thereof the following:
       ``(b) Responsibility of the Secretary of State.--(1) The 
     Secretary shall consult with the Secretary of State on all 
     matters under this Act affecting international obligations of 
     the United States. The Secretary of State shall be 
     responsible for determining those conditions, consistent with 
     this Act, necessary to meet international obligations of the 
     United States and for notifying the Secretary promptly of 
     such conditions. Not later than 60 days after receiving a 
     request from the Secretary, the Secretary of State shall 
     recommend to the Secretary any conditions for a license 
     issued under title II, consistent with this Act, that the 
     Secretary of State determines are needed to meet 
     international obligations of the United States. If no such 
     recommendation has been received by the Secretary within such 
     60-day period, the Secretary shall deem activities proposed 
     in the license application to be consistent with the 
     international obligations and policies of the United States.
       ``(2) Appropriate United States Government agencies are 
     authorized and encouraged to provide to developing nations, 
     as a component of international aid, resources for purchasing 
     remote sensing data, training, and analysis from United 
     States commercial providers.''; and
       (C) in subsection (d), by striking ``Secretary may 
     require'' and inserting in lieu thereof ``Secretary shall, 
     where appropriate, require''.

     SEC. 202. ACQUISITION OF EARTH REMOTE SENSING DATA.

       (a) Acquisition from Private Sector.-- For purposes of 
     meeting Government goals for Mission to Planet Earth, the 
     Administrator shall, to the maximum extent possible and while 
     fully satisfying the scientific requirements of the National 
     Aeronautics and Space Administration, acquire, where cost 
     effective, space-based and airborne Earth remote sensing 
     data, services, distribution, and applications from the 
     private sector.
       (b) Treatment as Commercial Item Under Acquisition Laws.--
     Acquisitions by the Administrator of the data, services, 
     distribution, and applications referred to in subsection (a) 
     shall be carried out in accordance with applicable 
     acquisition laws and regulations (including chapters 137 and 
     140 of title 10, United States Code), except that such data, 
     services, distribution, and applications shall be considered 
     to be a commercial item for purposes of such laws and 
     regulations (including section 2306a of title 10, United 
     States Code (relating to cost or pricing data), section 2320 
     of such title (relating to rights in technical data) and 
     section 2321 of such title (relating to validation of 
     proprietary data restrictions)).
       (c) Study.--(1) The Administrator shall conduct a study to 
     determine the extent to which the baseline scientific 
     requirements of Mission to Planet Earth can be met by the 
     private sector, and how the National Aeronautics and Space 
     Administration will meet such requirements which cannot be 
     met by the private sector.
       (2) The study conducted under this subsection shall--
       (A) make recommendations to promote the availability of 
     information from the National Aeronautics and Space 
     Administration to the private sector to enable the private 
     sector to better meet the baseline scientific requirements of 
     Mission to Planet Earth;
       (B) make recommendations to promote the dissemination to 
     the private sector of information on advanced technology 
     research and development performed by or for the National 
     Aeronautics and Space Administration; and
       (C) identify policy, regulatory, and legislative barriers 
     to the implementation of the recommendations made under this 
     subsection.
       (3) For purposes of carrying out this subsection, 
     determination of the baseline scientific requirements of 
     Mission to Planet Earth shall be carried out by the Goddard 
     Space Flight Center. The Commercial Remote Sensing Program at 
     the Stennis Space Center shall be responsible for identifying 
     private sector data, services, distributions, and 
     applications that can meet the scientific requirements of 
     Mission to Planet Earth. The Administrator shall be 
     responsible for determining the extent to which the baseline 
     scientific requirements of Mission to Planet Earth can be met 
     by the private sector, and shall ensure that the Stennis 
     Space Center plays a major coordinating role.
       (4) The results of the study conducted under this 
     subsection shall be transmitted to the Congress within 9 
     months after the date of the enactment of this Act.
       (d) Safety Standards.--Nothing in this section shall be 
     construed to prohibit the Federal Government from requiring 
     compliance with applicable safety standards.
    TITLE III--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

     SEC. 301. REQUIREMENT TO PROCURE COMMERCIAL SPACE 
                   TRANSPORTATION SERVICES.

       (a) In General.--Except as otherwise provided in this 
     section, the Federal Government shall acquire space 
     transportation services from the private sector whenever such 
     services are required in the course of its activities. To the 
     maximum extent practicable, the Federal Government shall plan 
     missions to accommodate the space transportation services 
     capabilities of United States commercial providers.
       (b) Exceptions.--The Federal Government shall not be 
     required to acquire space transportation services under 
     subsection (a) if, on a case-by-case basis, the Administrator 
     or, in the case of a national security issue, the Secretary 
     of the Air Force, determines that--
       (1) a payload requires the unique capabilities of the space 
     shuttle;
       (2) cost effective space transportation services that meet 
     specific mission requirements would not be reasonably 
     available from United States commercial providers when 
     required;
       (3) the use of space transportation services from United 
     States commercial providers poses an unacceptable risk of 
     loss of a unique scientific opportunity;
       (4) the use of space transportation services from United 
     States commercial providers is inconsistent with national 
     security objectives;
       (5) the use of space transportation services from United 
     States commercial providers poses an unacceptable risk to 
     foreign policy objectives;
       (6) it is more cost effective to transport a payload in 
     conjunction with a test or demonstration of a space 
     transportation vehicle owned by the Federal Government; or
       (7) a payload can make use of the available cargo space on 
     a Space Shuttle mission as a secondary payload, and such 
     payload is consistent with the requirements of research, 
     development, demonstration, scientific, commercial, and 
     educational programs authorized by the Administrator.
       (c) Delayed Effect.--Subsection (a) shall not apply to 
     space transportation services and space transportation 
     vehicles acquired or owned by the Federal Government before 
     the date of the enactment of this Act, or with respect to 
     which a contract for such acquisition or ownership has been 
     entered into before such date.
       (d) Historical Purposes.--This section shall not be 
     construed to prohibit the Federal Government from acquiring, 
     owning, or maintaining space transportation vehicles solely 
     for historical display purposes.

     SEC. 302. ACQUISITION OF SPACE TRANSPORTATION SERVICES.

       (a) Treatment of Space Transportation Services as 
     Commercial Item Under Acquisition Laws.--Acquisitions of 
     space transportation services by the Federal Government shall 
     be carried out in accordance with applicable acquisition laws 
     and regulations (including chapters 137 and 140 of title 10, 
     United States Code), except that space transportation 
     services shall be considered to be a commercial item for 
     purposes of such laws and regulations (including section 
     2306a of title 10, United States Code (relating to cost

[[Page H10475]]

     or pricing data), section 2320 of such title (relating to 
     rights in technical data) and section 2321 of such title 
     (relating to validation of proprietary data restrictions)).
       (b) Safety Standards.--Nothing in this section shall be 
     construed to prohibit the Federal Government from requiring 
     compliance with applicable safety standards.

     SEC. 303. LAUNCH SERVICES PURCHASE ACT OF 1990 AMENDMENTS.

       The Launch Services Purchase Act of 1990 (42 U.S.C. 2465b 
     et seq.) is amended--
       (1) by striking section 202;
       (2) in section 203--
       (A) by striking paragraphs (1) and (2); and
       (B) by redesignating paragraphs (3) and (4) as paragraphs 
     (1) and (2), respectively;
       (3) by striking sections 204 and 205; and
       (4) in section 206--
       (A) by striking ``(a) Commercial Payloads on the Space 
     Shuttle.--''; and
       (B) by striking subsection (b).

     SEC. 304. USE OF EXCESS INTERCONTINENTAL BALLISTIC MISSILES.

       (a) In General.--The Federal Government shall not--
       (1) convert any missile described in subsection (c) to a 
     space transportation vehicle configuration or otherwise use 
     any such missile to place a payload in space; or
       (2) transfer ownership of any such missile to another 
     person,

     except as provided in subsection (b).
       (b) Authorized Federal Uses.--(1) A missile described in 
     subsection (c) may be converted for use as a space 
     transportation vehicle by the Federal Government if--
       (A) except as provided in paragraph (2), at least 120 days 
     before such conversion the agency seeking to use the missile 
     as a space transportation vehicle transmits to the Committee 
     on National Security and the Committee on Science of the 
     House of Representatives, and to the Committee on Armed 
     Services and the Committee on Commerce, Science, and 
     Transportation of the Senate, a report that contains--
       (i) a certification that the use of such missile--
       (I) would result in significant cost savings to the Federal 
     Government when compared to the cost of acquiring space 
     transportation services from United States commercial 
     providers; and
       (II) meets all mission requirements of the agency, 
     including performance, schedule, and risk requirements; and
       (ii) comments obtained from United States commercial 
     providers in response to prior public notice published in the 
     Commerce Business Daily;
       (B) the use of such missile is consistent with 
     international obligations of the United States; and
       (C) the Secretary of Defense approves of such conversion.
       (2) The requirement under paragraph (1)(A) that the report 
     described in that subparagraph must be transmitted at least 
     120 days before conversion of the missile shall not apply if 
     the Secretary of Defense determines that compliance with that 
     requirement would be inconsistent with meeting immediate 
     national security requirements.
       (c) Missiles Referred to.--The missiles referred to in this 
     section are missiles owned by the United States that were 
     formerly used by the Department of Defense for national 
     defense purposes as intercontinental ballistic missiles and 
     that have been retired from service in compliance with 
     international obligations of the United States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania [Mr. Walker] and the gentleman from California [Mr. Brown] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. Walker].
  Mr. WALKER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, it is with great pleasure that I bring before the House 
H.R. 3936, the Space Commercialization Promotion Act of 1996. 
Commercial space activities by U.S. companies generated over $6.2 
billion of revenue in 1994 and $7.5 billion of revenue in 1995.
  This legislation aims to improve the legal and regulatory conditions 
that currently handicap the commercial space industry. The present 
environment accommodates Federal, civil, and military space programs, 
not business opportunities. By providing investment incentives and risk 
reduction measures for investors, H.R. 3936 will encourage private 
sector participation in the space industry.
  Through this bill we are striving to provide the stable business 
environment that businesses need to invest their money, build 
commercial space businesses, offer new and better services to the 
American people, and employ more Americans in high-skilled jobs.
  Briefly this bill amends the Commercial Space Launch Act to take into 
account the legal and technical advances that have occurred since its 
enactment; gives the Department of Transportation the responsibility 
and authority to license reentry from orbit, in anticipation of the day 
when commercial experiments will be returned to Earth, and the reusable 
launch vehicle will be in operation; updates the Launch Services 
Purchase Act of 1990, so that government will act more like a 
commercial buyer when it places payloads in space; makes changes to the 
Land Remote Sensing Policy Act of 1992, updating it to take into 
account the experience we have gained over the last few years in 
licensing the operators of remote sensing satellites; eliminates, in a 
very narrow situation, some of the postemployment restrictions that 
could prevent NASA civil servants with critical skills in space shuttle 
operations from transferring to the new single prime contractor; and 
encourages NASA to purchase scientific data about the Earth and solar 
system from the private sector.
  During my years of service on the Committee on Science, I have been 
an ardent advocate of space commercialization and the promise that it 
holds for a new economic frontier. For all of the wonderful 
accomplishments NASA has achieved in designing and building space 
transportation vehicles, sending humans to the Moon, and exploring our 
solar system and beyond, this Nation has only begun to realize the 
potential of doing business in space. It is not for lack of 
imagination; there are entrepreneurs who envision all kinds of space 
commerce, from on-orbit power stations to revolutionary 
pharmaceuticals.

                              {time}  1700

  It is because it still costs too much to get to space and because our 
commercial laws, some of which have been on the books for years, were 
not written to take into account the possibility of space commerce.
  Some of the most visionary and creative people I have ever met are in 
the space business. That is why when we began drafting this legislation 
we went right to the source. We held a Space Business Roundtable and 
several hearings, to which we invited industry experts and 
representatives from the executive branch, academia and space advocacy 
groups.
  We found not a dearth of ideas, but a wealth of enthusiasm from 
individuals from all over the country who are making it their life's 
work to plumb the opportunities that space-based commerce presents. 
They are not looking to us for subsidies, but they are looking to us to 
modernize the fundamental underpinnings of present commercial law so 
that their new businesses can thrive.
  This bill builds on the foundation we laid in earlier legislation. 
Much remains to be done beyond this bill, but that will be the 
challenge of future Congresses.
  In closing, I want to acknowledge the cooperation of the Committees 
on Government Reform and Oversight, Commerce, and National Security on 
the issues over which we share jurisdiction. I am also grateful for the 
support of my committee colleagues, the gentleman from Wisconsin, Jim 
Sensenbrenner, the gentleman from Texas, Ralph Hall, and the gentleman 
from California, George Brown.
  Mr. Speaker, I urge the passage of this bill.
  Ms. GREENE of Utah. Mr. Speaker, will the gentleman yield?
  Mr. WALKER. I yield to the gentlewoman from Utah.
  Ms. GREENE of Utah. Mr. Speaker, I appreciate the gentleman's 
yielding to me.
  It is my understanding that NASA, as part of its research into a 
completely reusable launch vehicle, in developing the X-33, will be 
flight testing this over populated areas, or at least proposes to do 
that over populated areas, including my State of Utah, and that NASA is 
in the process of reviewing what sort of indemnification would be 
necessary for the private contractor that would be building the X-33.
  We have not as yet had any public or congressional hearings regarding 
such indemnification issues or the safety of such overflights over 
populated areas. It is my understanding this legislation does not have 
any impact on those questions of indemnification for X-33 overflight 
testing, and this is an issue that can be raised in the next Congress 
after we have had these hearings.
  Is that the gentleman's understanding?
  Mr. WALKER. Mr. Speaker, reclaiming my time, the gentlewoman is 
correct with regard to the bill. It contains no such language with 
regard to that issue.

[[Page H10476]]

  I would agree with the gentlewoman that the issue remains for the 
next Congress and should be pursued after appropriate hearings have 
been held.
  Ms. GREENE of Utah. Mr. Speaker, I thank the gentleman.
  Mr. WALKER. Mr. Speaker, I reserve the balance of my time.
  Mr. BROWN of California. Mr. Speaker, I yield such time as he may 
consume to the distinguished gentleman from Maryland [Mr. Hoyer].
  Mr. HOYER. Mr. Speaker, I want to thank the gentleman for his work on 
this committee and thank him for this opportunity to rise to express 
concern about the bill pending before us.
  I have not read, frankly, the final language of the bill, which I 
understand, however, is far better than the original proposal. Late 
this morning I understand a number of changes were approved that make 
the bill acceptable enough that the chairman and NASA are not opposing 
it.
  However, Mr. Speaker, I cannot let this bill pass without expressing 
my concern about its potential impact on the Mission to Planet Earth 
Program, which is administered at Goddard Space Flight Center in 
Maryland. Over and over this program has been attacked by opponents who 
fail, I think, to realize the enormous asset that its data will be to 
the private sector. Long-term climate forecasting will prove 
tremendously useful to businesses ranging from agricultural to 
retailing and construction, and as we saw so vividly in North Carolina, 
earlier notice of major natural disasters can only help in response of 
the Government and the private sector to provide for relief and 
evacuation.
  I am disappointed, therefore, that the House Committee on Science 
included more than a $300 million cut in authorization for Mission to 
Planet Earth. Today I am disappointed they are bringing to the floor a 
bill that requires a study of partial privatization of this important 
program.
  NASA already recognizes that the private sector may well be able to 
play a significant role in Mission to Planet Earth. The agency's fiscal 
1997 budget included $50 million for data acquisition. NASA requested 
information from companies that are interested in participating and 11 
so far have replied. Their proposals will be carefully reviewed by the 
scientific experts at Goddard to ensure that they are helpful.
  While I recognize that the Stennis Center has proven expertise in 
commercialization, we should not take control of the Mission to Planet 
Earth funding away from Goddard Space Flight Center, which has a top 
notch international reputation in the field.
  I understand that the bill before us would team Goddard and Stennis 
for the study with the final authority resting with Administrator 
Goldin. I am pleased at that. Some might say why not study this? The 
fact is that Mission to Planet Earth has been studied over and over and 
over and over again. The program has been reduced 60 percent by a 
series of internal and external reviews. Surely if more 
commercialization makes sense, that fact would have been uncovered 
during those studies. The fact is that each of these studies costs 
money and staff time.

  Finally, Mr. Speaker, I want to emphasize my longstanding view that 
Federal employees often do as good a job or better than their private 
sector counterparts. I have been to Goddard many times. I am sure many 
of my colleagues have as well. Each time I am impressed by the evident 
dedication and competence of its work force, both the more than 3,000 
civil servants and the approximately 8,000 private sector contractors 
who work there.
  I get frustrated therefore, sometimes, with those that believe 
everything is done better in the private sector. Time and time again 
that popular rhetoric has been proved wrong.
  That is not in any way to diminish the private sector. Obviously, it 
is the private sector that has made this Nation the greatest economy 
that the world has ever known and provided the highest standard of 
living for the people of this Nation that the world has ever known. 
However, our public sector employees have also provided, frankly, the 
most efficient and effective civil service the world has ever known.
  I hope that in the rush to pass this bill in the closing days of the 
Congress we will not forget the fine work done by the Federal workers 
who manage Mission to Planet Earth or the incredible promise of this 
important program.
  Mr. BROWN of California. Mr. Speaker, I yield myself such time as I 
may consume and say, in response to the distinguished gentleman from 
Maryland, I understand fully his concern about the role that Goddard 
would play in this whole subject of space commercialization.
  I share his very strong support for the Mission to Planet Earth and 
the very important role that Goddard plays there. I assure him that we 
have worked diligently to make sure that the language would not 
preclude the full utilization of Goddard, and we believe that the 
corrections that have been made by the committee should resolve the 
matter to his satisfaction.
  Mr. HOYER. Mr. Speaker, will the gentleman yield?
  Mr. BROWN of California. I yield to the gentleman from Maryland.
  Mr. HOYER. Mr. Speaker, I want to thank the gentleman for those 
comments. I know that he has been and continues to be a very strong 
supporter of Mission to Planet Earth, and I want to tell him that I 
very much appreciative his focus on this issue and appreciate his 
comments.
  Mr. BROWN of California. Mr. Speaker, reclaiming my time, I thank the 
gentleman for his comments.
  Mr. Speaker, I rise today in support of H.R. 3936, the Space 
Commercialization Promotion Act of 1996, as amended.
  This bill represents a bipartisan effort to continue Congress' 
support for the development of a robust and growing commercial space 
sector, support that stretches back to the earliest years of the Space 
Age. Members of the Committee on Science on both sides of the aisle 
believe that when it makes sense, we can begin to capitalize on our 
past Federal investments in the space program and look to the private 
sector to play an increasingly important role.
  That is not to say that a vibrant commercial sector obviates the need 
for a continuing strong Federal commitment to space research and 
development. Rather, it is a simple recognition that commercial space 
activities offer the potential to make a significant contribution to 
the Nation's economic health and to its international competitiveness.
  One need only look at the growth of the multibillion dollar satellite 
communication industry for confirmation of the view that private-public 
investments in R&D can deliver significant benefits down the road. From 
the first limited experiments in communicating by satellites that were 
carried out at the dawn of the Space Age almost 40 years ago, we have 
reached the point at which communication satellites are an integral 
part of the world's telecommunications infrastructure. Even more 
exciting developments are on the horizon, enabled by investments made 
in space R&D.
  Yet it was not just technological advancements that led to the 
preeminent position that American companies have achieved in the 
rapidly evolving satellite communication market. It was also the result 
of wise policy decisions made by previous Congresses and previous 
administrations in the 1960's. Now, another space-related industry, 
commercial remote sensing, seems poised for a similar explosion of 
growth, in part due to policies enacted by Congress in the 1980's and 
the 1990's.
  The legislation that is being considered today under suspension is 
relatively modest in scope, but I believe that it continues the 
bipartisan effort to help ensure the health and growth of the Nation's 
emerging commercial space sector.
  It represents the fruits of various policy initiatives undertaken by 
the Committee on Science, including some initiated in the 103d 
Congress. Among its provisions are ones that update several provisions 
of the Land Remote Sensing Act of 1992 and of the Commercial Space 
Launch Act. It also codifies administration policies on the Global 
Positioning System and on the use of excess ballistic missile assets.

  The bill before the House today is an amendment to the original text 
of H.R. 3936 that addresses many of the concerns that I had when the 
bill was introduced, including the concerns that were expressed by the 
gentleman from Maryland. It also incorporates provisions requested by 
the Committee on Government Reform and Oversight,

[[Page H10477]]

which was given joint referral along with the Committee on Science.
  I believe that the resulting legislation before us today represents a 
constructive step in Congress' continuing efforts to nurture this still 
evolving sector of our economy, and I urge my colleagues to suspend the 
rules and to pass the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WALKER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Wisconsin [Mr. Sensenbrenner], chairman of the Subcommittee on Space 
and Aeronautics.
  Mr. SENSENBRENNER. Mr. Speaker, I thank the gentleman for yielding me 
the time.
  Mr. Speaker, I rise in support to this legislation. In addition to 
all the reasons given by my colleagues from Pennsylvania and California 
on why it should pass, let me add one, and that is that unless we 
update our commercial launch legislation, we are going to become, as a 
Nation, more and more uncompetitive with foreign countries for the 
commercial space launch business, particularly nonmarket countries such 
as Russia, China, and the Ukraine.
  I do think it is important to rebut somewhat the allegations that 
have been made by the gentleman from Maryland [Mr. Hoyer]. First of 
all, this Congress has not been parsimonious with Mission to Planet 
Earth. The appropriation legislation that was approved by the House 
provides about a billion dollars for fiscal year 1997 for this purpose. 
That is a little bit less than was requested, but it still is a 
significant amount of money, $1 billion.
  The problem exists in providing a proper balance for the various 
types of programs that NASA is involved in. Both the OMB budget lines 
and the Republican balanced budget budget lines give NASA a declining 
amount of money between now and the year 2002.
  The OMB line is about $2 billion less than that which the Congress 
approved, but the fact is that NASA's budget is going to be pinched as 
time goes on and we cannot provide for unchecked increases in any of 
NASA's accounts.
  The fear that I have, looking at both the OMB and the Republican 
budget lines is that if we do have unchecked increases in Mission to 
Planet Earth, then NASA's science will be squeezed almost down to a 
zero amount, and that would be a shame if we ended up squeezing science 
in fiscal year 1998 and fiscal year 1999 because the scientific 
accomplishments with NASA's robotic programs have been literally 
amazing in the 35 years of NASA's existence.
  So let us face it, we do not have enough money for everything. We 
would like to have more, but at the same time we have to have a proper 
balance between the various accounts. I think that the appropriation 
bill and the Committee on Science authorization bill does that. The 
reductions in the request for Mission to Planet Earth end up being 
reflected in more money being spent in NASA's science accounts.
  We want to have both a healthy Mission to Planet Earth and a healthy 
Committee on Science budget for the next 2 or 3 fiscal years. I think 
that this bill will provide for the leveraging of the Government 
dollars in Mission to Planet Earth. And if we can attract private 
sector dollars to replace public sector dollars, so much the better.

                              {time}  1715

  Mr. BROWN of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, let me just comment briefly about the remarks of the 
gentleman from Wisconsin [Mr. Sensenbrenner], my distinguished 
colleague and my friend.
  I agree with the thrust of what he has said. There is no question but 
what the NASA budget over the next several years is going to be under 
considerable pressure from any budget that I have seen up to the 
present time, and it is necessary that we exercise extremely good 
judgment in how these reductions are going to be allocated.
  There are not reductions in the rate of growth, these are actual 
dollar reductions of a substantial amount.
  The fears which the gentleman from Maryland [Mr. Hoyer] expressed are 
reasonable when understood in context. The Mission to Planet Earth 
budget line in the NASA Program is a very large item. It was subjected 
to approximately a 20 percent cut, which I think is more than the 
science budgets and others. And I will interpret Mr. Hoyer's comments 
as merely asking that there be reasonably comparable treatment to all 
of these budget lines and not that the Mission to Planet Earth be given 
any special consideration.
  I know that we will be looking closely at this particular situation 
in future years, and I look forward to working with Mr. Sensenbrenner 
in trying to work out, that is assuming I return to Congress, working 
with him in making sure that whatever reductions NASA has to take are 
fairly and equitably distributed throughout all of the very important 
items in their budget.
  I share the gentleman's view that there are many extremely exciting 
and productive science programs which need to be given full attention, 
and I hope that we will be able to do that as well as maintaining as 
strong a program as we possibly can involving the Mission to Planet 
Earth.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WALKER. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from 
Florida [Mr. Weldon].
  Mr. WELDON of Florida. Mr. Speaker, I thank the gentleman for 
yielding and I rise in strong support of this legislation.
  Mr. Speaker, I want to thank the gentleman from Wisconsin [Mr. 
Sensenbrenner], and as well in particular, the chairman of the full 
committee, the gentleman from Pennsylvania, [Mr. Walker], who I know 
has been working on this issue for more than a year now. This is good 
legislation. It is going to be very, very helpful to our emerging 
commercial space industries to help them to be more competitive in 
future years.
  In particular we have an emerging situation in my district where the 
Florida Spaceport Authority is now less than 1 year away from its first 
commercial space launch. It has been a very slow process in getting the 
appropriate regulatory authority from the Office of Commercial Space 
Transportation, allowing them to be able to proceed in this. 
Fortunately, it appears as though the appropriate regulations will be 
coming forward. And I know that this legislation will be helping our 
commercial space industry in Florida and Spaceport Florida to be 
competitive in the future.
  I also want to commend the chairman for including in this legislation 
language that will enable the National Aeronautics and Space 
Administration to more easily shift critical NASA employees over to the 
emerging shuttle contractor positions to thus ensure the continued safe 
operation of our space shuttle. Our space shuttle, as most are aware, 
went off yesterday morning flawlessly. Indeed every time it launches it 
is on the news. It is the pride of our Nation.
  In order to continue in the future as we change the management 
structure of the shuttle program, that the program continues to 
function in an efficient but as well in a perfectly safe way, we need 
to make sure that the critical personnel who are now in civil service 
positions shift over to the contractor positions and that there is no 
inappropriate obstacle in existing Federal law to stand in the way of 
the continued safe operation of the shuttle.
  So, in closing, I just want to congratulate the chairman and take 
this moment to congratulate him on the legacy that he is leaving our 
Nation, for his hard work on behalf of science, space and technology, 
and say that I know he will be very much missed in the future by myself 
and many of us on the committee.
  Mr. WALKER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, first I would say thank you to the gentleman from 
Florida for his kind words. I also do not want to dwell on this, but I 
want to come back to the point made by the gentleman from California 
and the gentleman from Maryland as well as the discussion of the 
gentleman from Wisconsin, just to say thank you to the gentleman from 
California for him and his staff working with us on some language that 
I think did address the concerns raised by the gentleman from Maryland.
  Under this bill the Goddard Space Center will continue to be the lead 
center on all of these matters, including

[[Page H10478]]

the study of Mission to Planet Earth. But the fact is that what you 
have is an emerging set of technologies that may prove to be valuable 
to Mission to Planet Earth.
  While it is true that it has been studied intensely by any number of 
people, the fact is that these new technologies do hold the promise of 
being able to give us a robust program at a perhaps savings, and that 
is what we are looking at here. And by having Goddard take the lead and 
having Stennis come in with some of the things they have found in terms 
of commercial applications, we think it would strengthen the Mission to 
Planet Earth mission over the year and do so within budget constraints 
that it is going to be operating under. Between us we have come up with 
the right language and approach here that satisfies the various needs, 
and I thank the gentleman from California and his staff for their 
cooperation in helping us develop that.
  Mr. BROWN of California. Mr. Speaker, I yield myself such time as I 
may consume just to make a concluding remark.
  Let me thank the gentleman for his comments. He has been extremely 
cooperative in modifying the language here to provide certain 
reassurances that will be helpful in connection with this.
  I also want to note that the remarks of the gentleman from Florida 
are very appropriate. We have a large and flourishing space launch 
there that is the preeminent spaceport at this time in the country. If 
there is nobody here from Alaska or Hawaii or some of the other States 
which also hope to have flourishing spaceports, may I make a comment 
that California also desires to get into this race and we have the 
beginnings of our own commercial launch facility in California which 
may be championed by the gentlewoman from California [Mrs. Seastrand]. 
We hope that at some point we will be able to offer both through the 
private sector and perhaps through some government business, a major 
launch facility in California.
  The point here is that we see the emergence of a major new economic 
activity that pervades the entire United States, including Alaska and 
Hawaii, in competition for this business. And I think that the 
gentleman from Pennsylvania [Mr. Walker] and I both give very strong 
allegiance to the importance of competition and ascertaining what is 
the best source of any particular program and what can benefit the 
taxpayers of this country most. I anticipate that this developing 
competition is going to be good for the whole country and I look 
forward to it.
  This bill is intended to facilitate that and I again urge my 
colleagues to support it.
  Mr. Speaker, I yield back the balance of my time.
  Mr. WALKER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. LaHood). The question is on the motion 
offered by the gentleman from Pennsylvania [Mr. Walker] that the House 
suspend the rules and pass the bill, H.R. 3936, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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