[Congressional Record Volume 143, Number 152 (Tuesday, November 4, 1997)]
[House]
[Pages H9900-H9907]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMERCIAL SPACE ACT OF 1997
Mr. ROHRABACHER. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 1702) 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. 1702
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 ``Commercial
Space Act of 1997''.
(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. Launch voucher demonstration program.
Sec. 104. Promotion of United States Global Positioning System
standards.
Sec. 105. Acquisition of space science data.
Sec. 106. Administration of Commercial Space Centers.
TITLE II--REMOTE SENSING
Sec. 201. Land Remote Sensing Policy Act of 1992 amendments.
Sec. 202. Acquisition of earth science data.
TITLE III--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
Sec. 301. Requirement to procure commercial space transportation
services.
Sec. 302. Acquisition of commercial space transportation services.
Sec. 303. Launch Services Purchase Act of 1990 amendments.
Sec. 304. Shuttle privatization.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the National Aeronautics and Space Administration;
(2) the term ``commercial provider'' means any person
providing space transportation services or other space-
related activities, primary control of which is held by
persons other than Federal, State, local, and foreign
governments;
(3) the term ``payload'' means anything that a person
undertakes to transport to, from, or within outer space, or
in suborbital trajectory, by means of a space transportation
vehicle, but does not include the space transportation
vehicle itself except for its components which are
specifically designed or adapted for that payload;
(4) the term ``space-related activities'' includes research
and development, manufacturing, processing, service, and
other associated and support activities;
(5) the term ``space transportation services'' means the
preparation of a space transportation vehicle and its
payloads for transportation to, from, or within outer space,
or in suborbital trajectory, and the conduct of transporting
a payload to, from, or within outer space, or in suborbital
trajectory;
(6) the term ``space transportation vehicle'' means any
vehicle constructed for the purpose of operating in, or
transporting a payload to, from, or within, outer space, or
in suborbital trajectory, and includes any component of such
vehicle not specifically designed or adapted for a payload;
(7) the term ``State'' means each of the several States of
the Union, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States;
and
(8) the term ``United States commercial provider'' means a
commercial provider, organized under the laws of the United
States or of a State, which is--
(A) more than 50 percent owned by United States nationals;
or
(B) a subsidiary of a foreign company and the Secretary of
Transportation finds that--
(i) such subsidiary has in the past evidenced a substantial
commitment to the United States market through--
(I) investments in the United States in long-term research,
development, and manufacturing (including the manufacture of
major components and subassemblies); and
(II) significant contributions to employment in the United
States; and
(ii) the country or countries in which such foreign company
is incorporated or organized, and, if appropriate, in which
it principally conducts its business, affords reciprocal
treatment to companies described in subparagraph (A)
comparable to that afforded to such foreign company's
subsidiary in the United States, as evidenced by--
(I) providing comparable opportunities for companies
described in subparagraph (A) to participate in Government
sponsored research and development similar to that authorized
under this 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).
[[Page H9901]]
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 the use of
free market principles in operating, servicing, allocating
the use of, and adding capabilities to the Space Station, and
the resulting fullest possible engagement of commercial
providers and participation of commercial users, will reduce
Space Station operational costs for all partners and the
Federal Government's share of the United States burden to
fund operations.
(b) Reports.--(1) The Administrator shall deliver to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, within 90 days after the date of the enactment of
this Act, a study that identifies and examines--
(A) the opportunities for commercial providers to play a
role in International Space Station activities, including
operation, use, servicing, and augmentation;
(B) the potential cost savings to be derived from
commercial providers playing a role in each of these
activities;
(C) which of the opportunities described in subparagraph
(A) the Administrator plans to make available to commercial
providers in fiscal year 1998 and 1999;
(D) the specific policies and initiatives the Administrator
is advancing to encourage and facilitate these commercial
opportunities; and
(E) the revenues and cost reimbursements to the Federal
Government from commercial users of the Space Station.
(2) The Administrator shall deliver to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, within
180 days after the date of the enactment of this Act, an
independently-conducted market study that examines and
evaluates potential industry interest in providing commercial
goods and services for the operation, servicing, and
augmentation of the International Space Station, and in the
commercial use of the International Space Station. This study
shall also include updates to the cost savings and revenue
estimates made in the study described in paragraph (1) based
on the external market assessment.
(3) The Administrator shall deliver to the Congress, no
later than the submission of the President's annual budget
request for fiscal year 1999, a report detailing how many
proposals (whether solicited or not) the National Aeronautics
and Space Administration received during calendar year 1997
regarding commercial operation, servicing, utilization, or
augmentation of the International Space Station, broken down
by each of these four categories, and specifying how many
agreements the National Aeronautics and Space Administration
has entered into in response to these proposals, also broken
down by these four categories.
(4) Each of the studies and reports required by paragraphs
(1), (2), and (3) shall include consideration of the
potential role of State governments as brokers in promoting
commercial participation in the International Space Station
program.
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) in paragraph (3)--
(i) by striking ``and any payload'' and inserting in lieu
thereof ``or reentry vehicle and any payload from Earth'';
(ii) by striking the period at the end of subparagraph (C)
and inserting in lieu thereof a comma; and
(iii) by adding after subparagraph (C) the following:
``including activities involved in the preparation of a
launch vehicle or payload for launch, when those activities
take place at a launch site in the United States.'';
(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), (11), and (12) as
paragraphs (14), (15), and (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(b)--
(A) by inserting ``and Reentries'' after ``Launches'' in
the subsection heading;
(B) by inserting ``and reentries'' after ``commercial space
launches'' in paragraph (1); and
(C) 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 inserting in lieu thereof
``accepting an application in accordance with criteria
established pursuant to subsection (b)(2)(D)'';
(C) by adding at the end of subsection (a) the following:
``The Secretary shall transmit 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 30 days after any occurrence when a license is
not issued within the deadline established by this
subsection.
``(2) In carrying out paragraph (1), the Secretary may
establish procedures for safety approvals of launch vehicles,
reentry vehicles, safety systems, processes, services, or
personnel that may be used in conducting licensed commercial
space launch or reentry activities.'';
[[Page H9902]]
(D) by inserting ``or a reentry site, or the reentry of a
reentry vehicle,'' after ``operation of a launch site'' in
subsection (b)(1);
(E) by striking ``or operation'' and inserting in lieu
thereof ``, operation, or reentry'' in subsection (b)(2)(A);
(F) by striking ``and'' at the end of subsection (b)(2)(B);
(G) by striking the period at the end of subsection
(b)(2)(C) and inserting in lieu thereof ``; and'';
(H) 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
(I) 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) by inserting ``or reentry services'' after ``or launch
services'' in subsection (a)(2);
(D) by inserting ``or reentry'' after ``commercial launch''
both places it appears in subsection (b)(1);
(E) by inserting ``or reentry services'' after ``launch
services'' in subsection (b)(2)(C);
(F) 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.'';
(G) 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
(H) 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 or
reentry'' 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 or
reentry'' 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 or reentry''
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, except that payloads launched
pursuant to foreign trade zone procedures as provided for
under the Foreign Trade Zones Act (19 U.S.C. 81a-81u) shall
be considered exports with regard to customs entry.''; 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
``(a) In General.--The Secretary of Transportation, within
9 months after the date of the enactment of this section,
shall issue regulations to carry out this chapter that
include--
``(1) guidelines for industry and State governments to
obtain sufficient insurance coverage for potential damages to
third parties;
``(2) procedures for requesting and obtaining licenses to
launch a commercial launch vehicle;
``(3) procedures for requesting and obtaining operator
licenses for launch;
``(4) procedures for requesting and obtaining launch site
operator licenses; and
``(5) procedures for the application of government
indemnification.
``(b) Reentry.--The Secretary of Transportation, within 6
months after the date of the enactment of this section, shall
issue a notice of proposed rulemaking to carry out this
chapter that includes--
``(1) procedures for requesting and obtaining licenses to
reenter a reentry vehicle;
``(2) procedures for requesting and obtaining operator
licenses for reentry; and
``(3) procedures for requesting and obtaining reentry site
operator licenses.
``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)(H).
SEC. 103. 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--
(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. 104. 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.--In order to support and
sustain the Global Positioning System in a manner that will
most effectively contribute to the national security, public
safety, scientific, and economic interests of the United
States, the Congress encourages the President to--
(1) ensure the operation of the Global Positioning System
on a continuous worldwide basis free of direct user fees; and
(2) enter into international agreements that promote
cooperation with foreign governments and international
organizations to--
(A) establish the Global Positioning System and its
augmentations as an acceptable international standard; and
(B) eliminate any foreign barriers to applications of the
Global Positioning System worldwide.
SEC. 105. ACQUISITION OF SPACE SCIENCE DATA.
(a) Acquisition From Commercial Providers.--In order to
satisfy the scientific requirements of the National
Aeronautics and Space Administration, and where practicable
of other Federal agencies and scientific researchers, the
Administrator shall to the
[[Page H9903]]
maximum extent possible acquire, where cost effective, space
science data from a commercial provider.
(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,
asteroids, planets and their moons, and comets, microgravity
acceleration, 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.
SEC. 106. ADMINISTRATION OF COMMERCIAL SPACE CENTERS.
The Administrator shall administer the Commercial Space
Center program in a coordinated manner from National
Aeronautics and Space Administration headquarters.
TITLE II--REMOTE SENSING
SEC. 201. LAND REMOTE SENSING POLICY ACT OF 1992 AMENDMENTS.
(a) Findings.--The Congress finds that--
(1) a robust domestic United States industry in high
resolution Earth remote sensing is in the economic,
employment, technological, scientific, and national security
interests of the United States;
(2) to secure its national interests the United States must
nurture a commercial remote sensing industry that leads the
world;
(3) the Federal Government must provide policy and
regulations that promote a stable business environment for
that industry to succeed and fulfill the national interest;
(4) it is the responsibility of the Federal Government to
create domestic and international conditions favorable to the
health and growth of the United States commercial remote
sensing industry; and
(5) it is a fundamental goal of United States policy to
support and enhance United States industrial competitiveness
in the field of remote sensing, while at the same time
protecting the national security concerns and international
obligations of the United States.
(b) 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;
(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''; and
(D) by adding at the end the following new paragraph:
``(16) The United States should encourage remote sensing
systems to promote access to land remote sensing data by
scientific researchers and educators.'';
(2) in section 101 (15 U.S.C. 5611)--
(A) 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
(B) 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 redesignated by
subparagraph (A) of this paragraph--
(i) by striking ``No license shall be granted by the
Secretary unless the Secretary determines in writing that the
applicant will comply'' and inserting in lieu thereof ``The
Secretary shall grant a license if the Secretary determines
that the activities proposed in the application are
consistent''; and
(ii) by inserting ``, and that the applicant has provided
assurances adequate to indicate, in combination with other
information available to the Secretary that is relevant to
activities proposed in the application, that the applicant
will comply with all terms of the license'' after ``concerns
of the United States'';
(C) by adding at the end of subsection (b) the following
new paragraph:
``(2) The Secretary, within 6 months after the date of the
enactment of the Commercial Space Act of 1997, 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.'';
(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 subject to United States national security and foreign
policy interests'';
(C) in subsection (b)(6), by striking ``any agreement'' and
all that follows through ``nations or entities'' and
inserting in lieu thereof ``any significant or substantial
agreement with new foreign customers''; and
(D) by inserting after paragraph (6) of subsection (b) the
following:
``The Secretary may not seek to enjoin a company from
entering into a foreign 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(a)(2) (15 U.S.C. 5623(a)(2)), by
striking ``under this title and'' and inserting in lieu
thereof ``under this title and/or'';
(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 202(b) or 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 United
States commercial sector, unless such activities would result
in significant cost savings to the Federal Government, or are
necessary for reasons of national security or international
obligations.'';
(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,'';
(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''; and
(15) 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
[[Page H9904]]
the Secretary of Defense on all matters under title II
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 to review a completed
application, the Secretary of Defense shall notify the
Secretary and the licensee of, and describe in appropriate
detail, any specific national security concerns of the United
States that the Secretary of Defense determines are an
appropriate reason for delaying, modifying, or rejecting a
license application. The Secretary of Defense shall convey to
the Secretary any conditions for a license issued under title
II, consistent with this Act, that the Secretary of Defense
determines necessary to meet the national security concerns
of the United States. If no such notification has been
received by the Secretary within such 60-day period, the
Secretary shall deem that activities proposed in the license
application meet the national security concerns 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 title II 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 and
policies 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 to review a completed
application, the Secretary of State shall notify the
Secretary and the licensee of, and describe in appropriate
detail, any specific international obligations of the United
States that the Secretary of State determines are an
appropriate reason for delaying, modifying, or rejecting a
license application. The Secretary of State shall convey to
the Secretary any conditions for a license issued under title
II, consistent with this Act, that the Secretary of State
determines necessary to meet the international obligations of
the United States. If no such notification has been received
by the Secretary within such 60-day period, the Secretary
shall deem that activities proposed in the license
application meet the international obligations 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 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 SCIENCE DATA.
(a) Acquisition.--For purposes of meeting Government goals
for Mission to Planet Earth, and in order to satisfy the
scientific requirements of the National Aeronautics and Space
Administration, and where practicable of other Federal
agencies and scientific researchers, the Administrator shall
to the maximum extent possible acquire, where cost-effective,
space-based and airborne Earth remote sensing data, services,
distribution, and applications from a commercial provider.
(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
commercial providers, and how the National Aeronautics and
Space Administration will meet such requirements which cannot
be met by commercial providers.
(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 commercial providers to enable commercial
providers to better meet the baseline scientific requirements
of Mission to Planet Earth;
(B) make recommendations to promote the dissemination to
commercial providers 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) The results of the study conducted under this
subsection shall be transmitted to the Congress within 6
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.
(e) Administration and Execution.--This section shall be
carried out as part of the Commercial Remote Sensing Program
at the Stennis Space Center.
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 United States commercial
providers 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 is inconsistent with foreign
policy purposes, or launch of the payload by a foreign entity
serves foreign policy purposes, and a specific exception to
the requirements of subsection (a) has been provided by a
law, enacted after the date of the enactment of this Act,
that contains no matter other than that exception;
(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.
The Administrator, in consultation with the Secretary of
State and the Secretary of Transportation, may propose to the
Congress that a specific exception described in paragraph (5)
be enacted for a launch or class of launches. Any such
proposal shall include a description of the foreign policy
purposes that would be served by such an exception, and shall
identify the impacts of such an exception on the commercial
launch industry. Nothing in this subsection shall prevent the
Administrator from planning or negotiating agreements with
foreign entities for the launch of Federal Government
payloads for foreign policy purposes, contingent on enactment
of a specific exception described in paragraph (5).
(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 COMMERCIAL SPACE TRANSPORTATION
SERVICES.
(a) Treatment of Commercial 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 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
[[Page H9905]]
(B) by striking subsection (b).
SEC. 304. SHUTTLE PRIVATIZATION.
(a) Policy and Preparation.--The Administrator shall
prepare for an orderly transition from the Federal operation,
or Federal management of contracted operation, of space
transportation systems to the Federal purchase of commercial
space transportation services for all nonemergency launch
requirements, including human, cargo, and mixed payloads. In
those preparations, the Administrator shall take into account
the need for short-term economies, as well as the goal of
restoring the National Aeronautics and Space Administration's
research focus and its mandate to promote the fullest
possible commercial use of space. As part of those
preparations, the Administrator shall plan for the potential
privatization of the Space Shuttle program. Such plan shall
keep safety and cost effectiveness as high priorities.
Nothing in this section shall prohibit the National
Aeronautics and Space Administration from studying,
designing, developing, or funding upgrades or modifications
essential to the safe and economical operation of the Space
Shuttle fleet.
(b) Feasibility Study.--The Administrator shall conduct a
study of the feasibility of implementing the recommendation
of the Independent Shuttle Management Review Team that the
National Aeronautics and Space Administration transition
toward the privatization of the Space Shuttle. The study
shall identify, discuss, and, where possible, present options
for resolving, the major policy and legal issues that must be
addressed before the Space Shuttle is privatized, including--
(1) whether the Federal Government or the Space Shuttle
contractor should own the Space Shuttle orbiters and ground
facilities;
(2) whether the Federal Government should indemnify the
contractor for any third party liability arising from Space
Shuttle operations, and, if so, under what terms and
conditions;
(3) whether payloads other than National Aeronautics and
Space Administration payloads should be allowed to be
launched on the Space Shuttle, how missions will be
prioritized, and who will decide which mission flies and
when;
(4) whether commercial payloads should be allowed to be
launched on the Space Shuttle and whether any classes of
payloads should be made ineligible for launch consideration;
(5) whether National Aeronautics and Space Administration
and other Federal Government payloads should have priority
over non-Federal payloads in the Space Shuttle launch
assignments, and what policies should be developed to
prioritize among payloads generally;
(6) whether the public interest requires that certain Space
Shuttle functions continue to be performed by the Federal
Government; and
(7) how much cost savings, if any, will be generated by
privatization of the Space Shuttle.
(c) Report to Congress.--Within 60 days after the date of
the enactment of this Act, the National Aeronautics and Space
Administration shall complete the study required under
subsection (b) and shall submit a report on the study to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science of the House of
Representatives.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California [Mr. Rohrabacher] and the gentleman from Alabama [Mr.
Cramer] each will control 20 minutes.
The Chair recognizes the gentleman from California [Mr. Rohrabacher].
Mr. ROHRABACHER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, last month we marked the 40th anniversary of the
beginning of the space age by recalling that day in 1957 when the
Soviet Union orbited Sputnik, the world's first manmade satellite. We
have accomplished a great deal in the last 40 years, largely through
Federal spending. Because of that history, which is a history of the
Federal Government's success in the space endeavor, we sometimes think
that only the Government is capable of accomplishing missions in space.
As a result, Federal laws and policies are designed around space
activities run by the Government for the Government. However, according
to a recent study by the investment firm Spacevest and an accounting
firm, that is KPMG Peat Marwick, global revenues from commercial space
business now exceeds global revenues generated by Government outlays.
This is good news, for several reasons. It gives us a broader
industrial base to support Federal space missions, lowering costs to
taxpayers in the process. Second, it means that the American people are
gaining access to a wide range of new space-related goods and services.
Third, it means that the country is creating high-technology, high-
paying aerospace jobs that are no longer dependent on Government
spending for their existence. Finally, and perhaps most importantly, it
means that our future in space is not bound by the Government's ability
to spend money.
The spirit of American enterprise will take us to the stars. One
problem that we still face is the fact that Government laws, policies,
and regulations have not caught up with the way space is developing in
the private sector. As a result, sometimes the Government inadvertently
hinders commercial space activity. We need to change that so that the
American business community can lead the way for the entire planet into
space.
Fortunately, there has been bipartisan agreement that commercial
space is and should be a vital part of America's space enterprise. Most
recently, the Clinton administration has adopted several policies
regarding space launch, remote sensing, and space-based navigation
which help promote the national interest in commercial space.
We have introduced H.R. 1702 this year to capitalize on those
policies and to incorporate some of the lessons we learned about
commercial space over the last few years into law. The bill meets an
urgent as well as near-term need to establish a regulatory framework
that will allow commercial entities to reenter spacecraft and payloads
from space to Earth.
Basically, what we are talking about here is allowing companies who
are investing in reusable launch vehicles to legally operate this new
type of exciting spacecraft that we believe will be the basis of our
whole space exploration utilization effort in the years ahead.
The bill improves the legal framework for commercial remote sensing
by requiring that license applications be examined by Secretaries of
Defense and State to ensure their consistency with U.S. national
security and international obligations. However, we are also giving the
Government hard deadlines to act upon these applications.
In business, time is money and it can make the difference between
success or failure. The past failures of Federal departments to
coordinate implementation of the Land Remote Sensing Policy Act in a
timely fashion have made it difficult for U.S. companies to retake the
international lead in commercial remote sensing from a multitude of
other countries.
Finally, the bill we are discussing today requires the Government to
purchase commercial space launch services instead of relying on
burdensome procurement rules in the purchase of rockets themselves.
Mr. Speaker, the Commercial Space Act of 1997 is a culmination of 2
years of extensive bipartisan consultation and cooperation. It would
not have been possible to bring this bill to the floor today without
the real dedication and commitment by Members of both sides of the
aisle and, I might say, on both sides of the aisle in the Subcommittee
on Space and Aeronautics.
There are three significant changes in the bill. By working together,
we have come up with these changes to meet the request by committee
members since our markup. We add today a new section on shuttle
privatization, which contains the same language as the Civilian Space
Authorization Act the House passed this April. In it we direct NASA to
prepare for the potential privatization of the space shuttle system.
In the bill's amendments to the Commerce Space Launch Act, the
language addressing ``launch not an export'' has been modified to
underscore the intent of the original language in the Commercial Space
Launch Act of 1984. The committee intends that payloads launched
pursuant to foreign trade zone procedures be considered as exports only
for the purpose of customs entry procedures so that such payloads will
be in complete compliance with the duty deferral program.
The third change, which we made at the request, I might add, of
ranking member, the gentleman from California [Mr. Brown], is to add an
exception to the bill's mandate that the Federal Government purchase
launch services from U.S. commercial providers. We allow for an
exception for reasons of foreign policy purposes but with a requirement
that Congress pass a law in order to approve the exception.
Mr. Speaker, I am proud to say that this bill is also a product of
excessive consultation and cooperation with the Clinton administration.
This bill
[[Page H9906]]
moved through the committee; and as it did, it attracted the attention
of various bureaucrats, departments, and agencies.
During the markup, we have made over three dozen changes at the
request of these agencies and will make several more today. In most
cases, these changes improve the bill and we are happy and were happy
to make them. In particular, the provisions that cause the
administration the most concern have been changed.
For example, we deleted a requirement that the Defense Department and
State Department publish lists of national security concerns and
international obligations. We also added a reference to the
international policies that exist in current law.
The other changes to this section include the promotion of greater
access to remote sensing by scientific researchers and educators,
making the current regulations for this growing industry consistent
with the national security and foreign policy considerations of the
United States, streamlining the application procedures for a commercial
license so that the needs of the Government are addressed while
ensuring that agencies are responsive to the highly competitive
environment in the commercial sector.
In the sections on space science and Earth science data buys, we
modified proposed language to include consideration of the data
requirements of scientific researchers and other Federal agencies
beyond NASA.
Finally, we made a change in the section on acquisition of commercial
space transportation services to accommodate the Defense Department.
Unfortunately, it has become clear that some Federal departments do not
agree with either the President's own policy supporting commercial
space development or the intent of Congress as expressed in previous
laws supporting space enterprise. Those departments have asked us to
make changes that have no other purpose than to fight bureaucratic turf
battles or to enhance their own self-importance. We have rejected such
changes.
Departments and agencies work for the American people, who have made
it clear they want goods and services and the jobs of commercial space
development is here and has been created here and to have these things
done here instead of going overseas because of bureaucratic
impediments.
These continued efforts by the entrenched Government bureaucrats to
enhance their own power and, basically, these things conflict with the
American people and our own national interest, and that national
interest is that we lead the world in new space enterprise and
industry.
As this bill moves through the Senate, we need to challenge our
colleagues on the other side of the Capitol to be on guard against
scare tactics by bureaucrats and by bureaucracies attempting to enhance
their own power by changing this bill. We must also challenge the
President and Vice President, who have developed very sound policies
that this bill supports. But we like them and we want to make sure they
stick to their guns. We must challenge the White House to impose order
on the interagency process and to reject the special pleas of
bureaucratic interest to change the bill in order to enhance certain
bureaucrats' own authority.
If the White House is serious about its public pronouncements on
space policy, and I believe the White House is sincere in this, then it
needs to bring all Federal agencies into line with the goals of the
American people rather than subverting those goals to accommodate
different power bureaucrats here in Washington, DC.
With the President's support and with the discipline to reject the
pleas from special interests, especially those within Government, to
modify this bill further, we can give the American people sound,
bipartisan legislation that will help build a better future and ensure
that America remains the No. 1, power in space and especially the No. 1
space commercial power. I would ask all of my colleagues in the House
on both sides of the aisle to join us in this effort.
Finally, I would like to thank the gentleman from Alabama [Mr.
Cramer] for the hard work that he has put in. This has truly been a
bipartisan effort, and I congratulate him for the hard work he has put
in and thank him for that.
Mr. Speaker, I reserve the balance of my time.
{time} 1430
Mr. CRAMER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am privileged today to rise with the chairman of the
Subcommittee on Space and Aeronautics in full support of the Commercial
Space Act of 1997; that is, H.R. 1702, as amended. I want to say as
well to the chairman of the Subcommittee on Space and Aeronautics, the
chairman of the full committee, as well as the gentleman from
California [Mr. Brown], the ranking member, that it has been a pleasure
to work with them on this very important piece of legislation.
Since the early years of the space age, successive Congresses and
administrations have supported the development of a healthy, robust
commercial space sector on a bipartisan basis. I think this that we are
offering today is a reflection of that. As a result, we have already
witnessed the explosive growth of the commercial satellite
communications systems. This offers us so much potential, systems that
have brought the rest of the world as close to us as the telephone and
the television. Companies are investing billions of dollars to make
sure that the next generation is able to benefit the way they should be
able to benefit.
However, space commercialization is not just confined to the
satellite communications. This Congress in years past has had an
aggressive record of making sure that we were proactive in this area.
Back in 1984, the Congress enacted the Commercial Space Launch Act.
That led to the development of a U.S. commercial space launch industry
that is competitive on a worldwide basis. Then again in 1992, we
enacted the Land Remote Sensing Policy Act, which my colleague has
detailed. This has kick-started the commercial remote sensing industry
in this country and given us a tremendous lead and a tremendous
advantage.
Today H.R. 1702, as amended, should be seen as another effort in
those steps to help advance the commercial space sector. It includes a
number of important provisions. In particular, I think a very important
provision would allow the Department of Transportation to license
reentry vehicle operations. That provision and other provisions are
noncontroversial. There are provisions in there that would make sure
that we move toward the eventual commercial operation of the reusable
launch systems, the next generation of space transportation systems. I
am someone who has long been a supporter of efforts to reduce the
launch costs. I think it is very important to this country that we
accomplish that. I am pleased that we are including such provisions,
the licensing provisions, in H.R. 1702.
Mr. Speaker, again I want to thank the chairman of the Committee on
Science, the chairman of the Subcommittee on Space and Aeronautics, and
the gentleman from California [Mr. Brown], the ranking member, for
their diligence and years of work on this legislation and similar
legislation. I think H.R. 1702, as amended, is a useful piece of
legislation, and I urge its passage today.
Mr. Speaker, I reserve the balance of my time.
Mr. ROHRABACHER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the gentleman from California [Mr. Brown], our ranking
member, has been a tremendous asset to us in this bill and as with all
bills dealing with space. I salute that ranking member. I also salute
the gentleman from Wisconsin [Mr. Sensenbrenner], the chairman. He has
done a terrific job as the newest chairman of the Committee on Science.
The gentleman from Alabama [Mr. Cramer] and I have worked together. If
there is any committee in Congress that exemplifies the spirit of
bipartisan cooperation, I think it is our committee.
I think this piece of legislation is a very positive piece of
legislation. It has been made better by that spirit of cooperation. I
am sure we can work this way in the future, but I would like to extend
my congratulations to the gentleman from Alabama [Mr. Cramer], who also
will be moving on to another
[[Page H9907]]
committee assignment on the Committee on Appropriations, so we are
looking forward to bigger and better things from the gentleman from
Alabama as well.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. CRAMER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I have enjoyed very much working with my colleague
across the aisle. In my years here in Congress, I came to this Congress
so I could be on this committee, we have accomplished a number of
extraordinary things together. We have fought battles in the trenches;
won most of them, but not all of them. I want to congratulate the
gentleman as well and the gentleman from Wisconsin [Mr. Sensenbrenner]
as well as the gentleman from California [Mr. Brown] for those years of
service. I just hope that my move now to another committee will give me
a chance to advance my work with the space issues as well.
Mr. BROWN of California. Mr. Speaker, I would like to rise in support
of H.R. 1702, as amended, also known as the Commercial Space Act of
1997. This bill, while not perfect, represents another step in
Congress's efforts to promote the development of a vibrant, growing
commercial space sector.
In the forty years since the dawn of the Space Age, Congress has
enacted a series of legislative measures that have helped to increase
the private sector's role in satellite communications, launch services,
and remote sensing. As a result, commercial space activities have
become a significant component of the nation's economy, and they give
every indication of being even more significant in the years ahead.
Mr. Speaker, I believe that America is best served by both a strong
commercial space sector and a strong governmental commitment to space
research and development. On the one hand, government should not try to
compete with the private sector. On the other hand, the existence of a
commercial space sector does not relieve the Federal government of its
responsibility to undertake those activities that only it can and/or
should carry out.
I believe that H.R. 1702, while a relatively modest bill, includes a
number of useful provisions, especially those related to reentry
vehicle licensing, launch operations, and commercial launch services. I
would note that the version of H.R. 1702 that is under consideration
today also contains an amendment intended to at least partially address
a concern I had raised about the Union Calendar version of the bill.
Specifically, existing law allows NASA to undertake cooperative
missions with other nations that involve flying U.S. government
payloads on foreign launch vehicles. Such an option can provide
significant benefits to both parties, lowering costs to each partner
and allowing enhanced mission capabilities. To cite just one example,
the law allowed the highly successful Topex-Poseidon Earth science
mission to be conducted with the French. That law also makes possible
other cooperative space and Earth science missions, as well giving us
the flexibility we will need to most effectively resupply the
International Space Station.
I strongly believe that the ability to undertake such cooperative
missions is in our national interest. The Union Calendar version of
H.R. 1702 would have deleted that provision from existing law. An
amendment that is included in the bill before us today restores that
provision, albeit with restrictions. While I wish that the amendment
had simply reaffirmed existing law, I believe that it represents a
positive step forward in addressing the issue. I want to express my
appreciation to Chairman Sensenbrenner for his willingness to work with
me on this matter.
Mr. Speaker, I believe that, on balance, H.R. 1702 is a useful bill.
I recognize that the Administration has several areas of continuing
concern with the bill. I intend to work with the Chairman, the
Administration, and our counterparts in the Senate to resolve any
remaining differences and enact a commercial space bill during the
105th Congress.
I urge Members to suspend the rules and pass H.R. 1702, as amended.
Mr. CRAMER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore [Mr. Packard]. The question is on the motion
offered by the gentleman from California [Mr. Rohrabacher] that the
House suspend the rules and pass the bill, H.R. 1702, as amended.
The question was taken.
Mr. CRAMER. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
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