[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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