[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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