[Congressional Record Volume 144, Number 105 (Thursday, July 30, 1998)]
[Senate]
[Pages S9510-S9516]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STEVE SCHIFF AUDITORIUM
Mr. JEFFORDS. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of H.R. 3731, which was received
from the House.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A bill (H.R. 3731) to designate the auditorium located
within the Sandia Technology Transfer Center in Albuquerque,
New Mexico, as the ``Steve Schiff Auditorium.''
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.
Mr. DOMENICI. Mr. President, it is a real honor today to support
legislation, H.R. 3731, honoring Representative Steve Schiff. This
legislation designates a special auditorium at the Sandia National
Laboratories as the ``Steve Schiff Auditorium.'' Steve spoke in this
Auditorium on several occasions, as part of his long service to the
people of New Mexico.
Steve Schiff exemplified all that was good about public service:
integrity of the highest order, deep and fundamental decency, and an
acute and open mind. He went about his business quietly, but with
wonderful efficiency. He was great at telling stories, usually about
himself. He was a model for all politicians to admire.
Steve came to New Mexico from Chicago, where he was born and raised.
He served the people of New Mexico in different capacities since 1972,
when he graduated from the Law School at the University of New Mexico.
Before election to Congress in 1988, he served as District Attorney for
eight years.
One of Steve's favorite local programs was his Tree Give-Away
Program. For eight years, Steve held a Saturday tree give-away day at
the Indian Pueblo Cultural Center. He gave away more than 115,000
trees. Through those trees, he shared his own hope, faith, and love.
Those trees now flourish throughout the Albuquerque area in New Mexico
as lasting symbols of this man. In a similar way, his legislative
achievements continue to serve the American people as another reminder
of this great American.
Along with those trees and his legislation, the Steve Schiff
Auditorium will serve as a lasting memorial. I'm happy and honored to
have been a part of his life.
Mr. JEFFORDS. Mr. President, I ask unanimous consent that the bill be
considered read a third time, and passed, the motion to reconsider be
laid upon the table, and that any Statements relating to the bill be
placed at the appropriate place in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 3731) was considered read the third time and passed.
COMMERCIAL SPACE ACT OF 1998
Mr. JEFFORDS. Mr. President, I ask unanimous consent that the Senate
now proceed to consideration of calendar No. 393, H.R. 1702.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A bill (H.R. 1702) to encourage the development of a
commercial space industry in the United States, and for other
purposes.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the
bill, which had been reported from the Committee on Commerce, Science,
and Transportation, with an amendment to strike all after the enacting
clause and inserting in lieu thereof the following:
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. Promotion of United States Global Positioning System
standards.
Sec. 104. Acquisition of space science data.
Sec. 105. 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. 305. Use of excess intercontinental ballistic missiles.
Sec. 306. National launch capability.
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).
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
[[Page S9511]]
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 1999 and 2000;
(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 2000, a report detailing how many
proposals (whether solicited or not) the National Aeronautics
and Space Administration received during calendar year 1998
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) by inserting ``or reentry vehicle'' after ``means of a
launch vehicle'' in paragraph (8);
(C) by redesignating paragraphs (10), (11), and (12) as
paragraphs (14), (15), and (16), respectively;
(D) by inserting after paragraph (10) the following new
paragraphs:
``(10) `reenter' and `reentry' mean to return or attempt to
return 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 Earth orbit or outer
space to Earth, substantially intact.''; and
(E) by inserting ``or reentry services'' after ``launch
services'' each place it appears in paragraph (15), as so
redesignated by subparagraph (C) 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.'';
(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
[[Page S9512]]
(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 striking ``source.'' in subsection (a)(2) and
inserting ``source, whether such source is located on or off
a Federal range.'';
(E) by inserting ``or reentry'' after ``commercial launch''
both places it appears in subsection (b)(1);
(F) by inserting ``or reentry services'' after ``launch
services'' in subsection (b)(2)(C);
(G) by inserting after subsection (b)(2) the following new
paragraph:
``(3) The Secretary shall ensure the establishment of
uniform guidelines for, and consistent implementation of,
this section by all Federal agencies.'';
(H) by striking ``or its payload for launch'' in subsection
(d) and inserting in lieu thereof ``or reentry vehicle, or
the payload of either, for launch or reentry''; and
(I) by inserting ``, reentry vehicle,'' after
``manufacturer of the launch vehicle'' in subsection (d);
(12) in section 70112--
(A) in subsection (a)(1), by inserting ``launch 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--by inserting ``or reentry'' after
``one launch'' each place it appears in paragraphs (1) and
(2) of subsection (d);
(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,
or 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) Authorization of Appropriations.--Section 70119 of
title 49, United States Code, is amended to read as follows:
``Sec. 70119. Authorization of appropriations
``There are authorized to be appropriated to the Secretary
of Transportation for the activities of the Office of the
Associate Administrator for Commercial Space Transportation--
``(1) $6,182,000 for the fiscal year ending September 30,
1998;
``(2) $6,275,000 for the fiscal year ending September 30,
1999; and
``(3) $6,600,000 for the fiscal year ending September 30,
2000.''.
(c) 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. 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;
(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; and
(3) provide clear direction and adequate resources to
United States representatives so that on an international
basis they can--
(A) achieve and sustain efficient management of the
electromagnetic spectrum used by the Global Positioning
System; and
(B) protect that spectrum from disruption and interference.
SEC. 104. ACQUISITION OF SPACE SCIENCE DATA.
(a) Acquisition From Commercial Providers.--In order to
satisfy the scientific and educational 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 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.
Nothing in this subsection shall be construed to preclude the
United States from acquiring sufficient rights in data to
meet the needs of the scientific and educational community or
the needs of other government activities.
(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. 105. ADMINISTRATION OF COMMERCIAL SPACE CENTERS.
The Administrator shall administer the Commercial Space
Center program in a coordinated manner from National
Aeronautics and Space
[[Page S9513]]
Administration headquarters in Washington, D.C.
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;
(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; and
(6) it is fundamental that the states be able to deploy and
utilize this technology in their land management
responsibilities. To date, very few states have the ability
to do so without engaging the academic institutions within
their boundaries. In order to develop a market for the
commercial sector, the states must have the capacity to fully
utilize the technology.
(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 paragraphs:
``(16) The United States should encourage remote sensing
systems to promote access to land remote sensing data by
scientific researchers and educators.
``(17) It is in the best interest of the United States to
encourage remote sensing systems whether privately-funded or
publicly-funded, to promote widespread affordable access to
unenhanced land remote sensing data by scientific researchers
and educators and to allow such users appropriate rights for
redistribution for scientific and educational noncommercial
purposes.'';
(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'';
(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''; and
(iii) by inserting ``and policies'' after ``international
obligations'';
(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.''; and
(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.'';
(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''; 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, foreign policy,
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 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 or policies.'';
(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
(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 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. The
Secretary of Defense shall convey to the Secretary the
determinations 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.'';
(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
and policies 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. The
Secretary of State shall convey to the Secretary the
determinations for a license issued under title II,
consistent with this Act, that the Secretary of State
determines necessary to meet the international obligations
and policies of the United States.
``(2) Appropriate United States Government agencies are
authorized and encouraged to provide to developing nations,
as a component of international aid, resources for purchasing
remote sensing data, training, and analysis from commercial
providers. National Aeronautics and Space Administration,
United States Geological Survey, and National Oceanic and
Atmospheric
[[Page S9514]]
Administration should develop and implement a program to aid
the transfer of remote sensing technology and Mission to
Planet Earth (OES) science at the state level''; 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 and educational requirements of the National
Aeronautics and Space Administration, and where appropriate
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. Nothing in this subsection shall be construed to
preclude the United States from acquiring sufficient rights
in data to meet the needs of the scientific and educational
community or the needs of other government activities.
(c) Safety Standards.--Nothing in this section shall be
construed to prohibit the Federal Government from requiring
compliance with applicable safety standards.
(d) 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;
(6) it is more cost effective to transport a payload in
conjunction with a test or demonstration of a space
transportation vehicle owned by the Federal Government; or
(7) a payload can make use of the available cargo space on
a Space Shuttle mission as a secondary payload, and such
payload is consistent with the requirements of research,
development, demonstration, scientific, commercial, and
educational programs authorized by the Administrator.
(c) Delayed Effect.--Subsection (a) shall not apply to
space transportation services and space transportation
vehicles acquired or owned by the Federal Government before
the date of the enactment of this Act, or with respect to
which a contract for such acquisition or ownership has been
entered into before such date.
(d) Historical Purposes.--This section shall not be
construed to prohibit the Federal Government from acquiring,
owning, or maintaining space transportation vehicles solely
for historical display purposes.
SEC. 302. ACQUISITION OF 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.
(b) Safety Standards.--Nothing in this section shall be
construed to prohibit the Federal Government from requiring
compliance with applicable safety standards.
SEC. 303. LAUNCH SERVICES PURCHASE ACT OF 1990 AMENDMENTS.
The Launch Services Purchase Act of 1990 (42 U.S.C. 2465b
et seq.) is amended--
(1) by striking section 202;
(2) in section 203--
(A) by striking paragraphs (1) and (2); and
(B) by redesignating paragraphs (3) and (4) as paragraphs
(1) and (2), respectively;
(3) by striking sections 204 and 205; and
(4) in section 206--
(A) by striking ``(a) Commercial Payloads on the Space
Shuttle.--''; and
(B) by striking subsection (b).
SEC. 304. 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.
SEC. 305. USE OF EXCESS INTERCONTINENTAL BALLISTIC MISSILES.
(a) In general.--The Federal Government shall not--
(1) convert any missile described in subsection (c) to a
space transportation vehicle configuration or otherwise use
any such missile to place a payload in space; or
(2) transfer ownership of any such missile to another
person, except as provided in subsection (b).
(b) Authorized Federal Uses.--
(1) A missile described in subsection (c) may be converted
for use as a space transportation vehicle by the Federal
Government if except as provided in paragraph (2), at least
30 days before such conversion the agency seeking to use the
missile as a space transportation vehicle transmits to the
Committee on National Security and the Committee on Science
of the House of Representatives, and to the Committee on
Armed Services and the Committee on Commerce, Science, and
Transportation of the Senate, shall ensure in writing that
the use of such missile--
(A) would result in cost savings to the Federal Government
when compared to the cost of acquiring space transportation
services from United States commercial providers;
(B) meets all mission requirements of the agency, including
performance, schedule, and risk requirements;
(C) is consistent with international obligations of the
United States; and
(D) is approved by the Secretary of Defense or his
designee.
(2) The requirement under paragraph (1) that the assurance
described in that paragraph must be transmitted at least 30
days before conversion of the missile shall not apply if the
Secretary of Defense determines that compliance with that
requirement would be inconsistent with meeting immediate
national security requirements.
(c) Missiles Referred to.-- The missiles referred to in
this section are missiles owned by the United States that--
(1) were formerly used by the Department of Defense for
national defense purposes as intercontinental ballistic
missiles; and
(2) have been declared excess to United States national
defense needs and are in compliance with international
obligations of the United States.
SEC. 306. NATIONAL LAUNCH CAPABILITY.
(a) Findings.--Congress finds that--
(1) a robust satellite and launch industry in the United
States serves the interest of the United States by--
[[Page S9515]]
(A) contributing to the economy of the United States;
(B) strengthening employment, technological, and scientific
interests of the United States; and
(C) serving the foreign policy and national security
interests of the United States.
(b) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(2) Total potential national mission model.--The term
``total potential national mission model'' means a model
that--
(A) is determined by the Secretary, in consultation with
the Administrator, to assess the total potential space
missions to be conducted by the United States during a
specified period of time; and
(B) includes all United States launches (including launches
conducted on or off a Federal range).
(c) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall, in consultation
with the Administrator and appropriate representatives of the
satellite and launch industry and the governments of States
and political subdivisions thereof--
(A) prepare a report that meets the requirements of this
subsection; and
(B) submit that report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science of the House of Representatives.
(2) Requirements for report.--The report prepared under
this section shall--
(A) identify the total potential national mission model for
the period beginning on the date of the report and ending on
December 31, 2007;
(B) identify the resources that are necessary to carry out
the total potential national mission model described in
subparagraph (A), including providing for--
(i) launch property and services of the Department of
Defense; and
(ii) the ability to support a launch within 6 hours after
the appropriate official of the Federal Government receives
notification by telephone at Government facilities located
at--
(I) Cape Canaveral in Florida; or
(II) Vandenberg Air Force Base in California;
(C) identify each deficiency in the resources referred to
in subparagraph (B);
(D) with respect to the deficiencies identified under
subparagraph (C), including estimates of the level of funding
necessary to address those deficiencies for the period
described in subparagraph (A);
(E) identify opportunities for investment by non-Federal
entities (including States and political subdivisions thereof
and private sector entities) to assist the Federal Government
in providing launch capabilities for the commercial space
industry in the United States;
(F) identify 1 or more methods by which, if sufficient
resources referred to in subparagraph (D) are not available
to the Department of Defense, the control of the launch
property and launch services of the Department of Defense may
be transferred from the Department of Defense to--
(i) 1 or more other Federal agencies;
(ii) 1 or more States (or subdivisions thereof);
(iii) 1 or more private sector entities; or
(iv) any combination of the entities described in clauses
(i) through (iii); and
(G) identify the technical, structural, and legal
impediments associated with making launch sites in the United
States cost-competitive on an international level.
Amendment No. 3482
(Purpose: To modify the provisions relating to national launch
capability)
Mr. JEFFORDS. Mr. President, Senator Frist has an amendment at the
desk, and I ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Vermont, [Mr. Jeffords], for Mr. Frist,
proposes an amendment numbered 3482.
Mr. JEFFORDS. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 46, between lines 1 and 2, strike the item relating
to section 306 and insert the following:
Sec. 306. National launch capability study.
On page 87, beginning in line 21, strike ``Government, if
except as provided in paragraph (2), at least 30 days before
such conversion'' and inserting ``Government if, except as
provided in paragraph (2) and at least 30 days before such
conversion,''.
On page 88, beginning, in line 3, strike ``shall ensure in
writing'' and insert ``a certification''.
On page 89, line 7, strike ``CAPABILITY'' and insert
``CAPABILITY STUDY.''.
On page 91, strike lines 9 through 16 and insert the
following:
(ii) the ability to support commercial launch-on-demand on
short notification at national launch sites or test ranges;
On page 91, line 18, insert ``and'' after the semicolon.
On page 91, line 23, strike ``(A);'' and insert ``(A).''.
On page 91, between lines 23 and 24, insert the following:
(3) Quinquennial updates.--The Secretary shall update the
report required by paragraph (1) quinquennially beginning
with 2012.
(d) Recommendations.--Based on the reports under subsection
(c), the Secretary, after consultation with the Secretary of
Transportation, the Secretary of Commerce, and
representatives from interested private sector entities,
States, and local governments, shall--
Reset the matter appearing on page 91, beginning with line
24 through line 22 on page 92, 2 ems closer to the left
margin.
On page 91, line 24, strike ``(E)'' and insert ``(1)''.
On page 92, line 5, strike ``(F)'' and insert ``(2)''.
On page 92, beginning in line 6, strike ``subparagraph
(D),'' and insert ``subsection (c)(2)(D),''.
On page 92, line 12, strike ``(i)'' and insert ``(A)''.
On page 92, line 13, strike, ``(ii)'' and insert ``(B)''.
On page 92, line 15, strike ``(iii)'' and insert ``(C)''.
On page 92, line 17, strike ``(iv)'' and insert ``(D)''.
On page 92, line 18, strike ``clauses (i) through (iii);''
and insert ``subparagraphs (A) through (C);''.
On page 92, line 19, strike ``(G)'' and insert ``(3)''.
On page 92, beginning in line 21, strike ``launch sites in
the United States cost-competitive on an international
level.'' and insert ``national ranges in the United States
viable and competitive.''.
Mr. MACK. Mr. President, the federal government should be encouraging
private industry's involvement and investment in space, not competing
with it and in some cases, stifling it. I am afraid that if we do not
act on and pass this amendment, we will continue to encourage American
companies to move their operations overseas. Companies need consistent
government policy that encourages the development of new technology
through private investment. We should enable private companies to
locate and conduct their business here at home.
This growing sector of the economy provides jobs to many highly-
skilled and technically-trained workers. To put it into perspective,
industry revenues have exceeded $7.5 billion. Commercial space
businesses have grown faster than the economy and have been relatively
recession proof.
Senator Graham and I have proposed a number of balanced changes to
current law. Among them, our amendment requires a study by NASA to
identify commercial opportunities and interest in servicing the
International Space Station. Second, we authorize the Office of
Commercial Space Transportation to license commercial providers to re-
enter Earth's atmosphere and return payloads to Earth. Currently, only
the Federal Government is permitted to do so.
Third, we encourage the President to enter into regional agreements
with foreign governments to secure the U.S. Global Positioning System
as the world's standard. Finally, we require the federal government to
procure commercial space transportation services.
Space is a frontier for research and exploration. The Federal
Government's investments in space technology have provided the private
sector with impressive capabilities that can benefit both our citizens
and the economy. It is now the private sector's challenge to make
commercial space activities earn a profit. The role of the Federal
Government should be to provide stable and supportive policies for
these activities.
Mr. President, we are moving into the 21st century. However, the laws
regulating this industry are decades old. It is critical that we update
them. The Senate Commerce Committee reported this bill favorably on
June 2, 1998, and the House passed a similar version on November 4,
1997. I hope it will receive broad, bipartisan support.
Mr. JEFFORDS. Mr. President, I ask unanimous consent that the
amendment be agreed to, the committee substitute be agreed to, as
amended, the bill be considered read a third time and passed, as
amended, the motions to reconsider be laid upon the table, and that any
statements relating to the bill appear at the appropriate place in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3482) was agreed to.
The committee amendment, as amended, was agreed to.
The bill (H.R. 1702), as amended, was considered read the third time
and passed.
Mr. GRAHAM. Mr. President, thank you for the opportunity to address
the Senate on the passage of the ``Commercial Space Act,'' introduced
by Senator Mack and myself in November 1997.
[[Page S9516]]
I am pleased this bill has passed today because it is critical in
allowing United States launch companies to compete effectively in the
growing commercial space race.
Having already passed the House by a large margin, the Commercial
Space Act needed to be considered by the Senate. I was pleased to work
with my colleagues to ensure the future of our nation's high-tech
economic frontier: commercial space.
I speak to you today as a Senator concerned about both our national
security and our nation's economic position. The United States cannot
afford to descend into another ``launch gap.'' Our recent discussions
over why U.S. satellites are being launched from China demands that the
U.S. Senate act quickly to make the commercial launch environment in
this country as progressive and productive as possible.
When the space race began with the launch of Sputnik in October 1957,
American citizens listened in indignation and fear as the first man-
made satellite--a Soviet satellite--beeped its way around the earth. In
the two decades that followed, an aggressive U.S. space program, both
civil and military, brought our country back to its rightful lead in
technology by putting a man on the moon and securing many other
achievements in space.
But there is no denying that today, the United States preeminence in
commercial space is threatened. If you were to step back in time 30
years to the nation's premier launch facility, Cape Canaveral, you
would have seen a forest of launch vehicles ready on the pads. Visit
our launch facilities today and you will see under-utilized launch
facilities while at the same time U.S. commercial companies struggle to
develop new space vehicles under constraints of outdated laws and
policies.
A recent aerospace survey predicts over 2,000 satellites will be
launched into earth orbit over the next decade. The good news is that
the U.S. government and American companies may launch up to 65 percent
of those payloads if the Commercial Space Act is implemented. The bad
news is that many commercial satellite companies are already looking to
foreign countries for launch services due to the restrictive
environment in which they must operate in the United States and the
lack of available launch vehicles.
In other words, Mr. President, while our space industry is rapidly
preparing for the 21st Century, federal policy in dealing with this
important source of economic activity is stuck on the launch pad.
The single most important provision of the Commercial Space Act is an
amendment to the Commercial Space Launch Act of 1984 that gives the
federal government the authority to license commercial space re-entry
activities. In short: what goes up, must come down.
Can you imagine the Wright Brothers flight at Kitty Hawk ever being
made if the government told them, ``Sure you can fly it, just don't
land.'' The way the law presently exists, commercial companies can
launch but cannot land any vehicle returning from space. Only the U.S.
government is allowed this privilege.
This provision must be changed to allow the development of future
generations of spacecraft, such as the Reusable Launch Vehicle. This is
the business of space: providing services, repeat services, to
entrepreneurs. We must regulate in an efficient and expeditious manner
to support this growing market.
That brings me to my next point: this bill, to borrow from Neil
Armstrong, will take a giant leap in clarifying complex and sometimes
divergent commercial space licensing requirements in federal agencies.
By streamlining the regulations and licensing, we will allow commercial
companies to raise capital, develop business plans, and create job
opportunities that might otherwise go overseas.
Mr. President, U.S. commercial space industry faces a number of
competitors from abroad. The most serious are the Russian Proton, the
Chinese Long March, and the European Space Agency Ariane rockets
launched from French Guiana in South America. But this is not a
comprehensive list. There are numerous competitors who would be more
than happy to see the U.S. commercial launch industry locked in a web
of regulations and limitations.
I am proud to report that one thing our bill does not do is spend any
new taxpayer dollars. As a policy bill, we are seeking to level the
playing field without creating any new government programs. Our bill
does require studies, but those studies will be accomplished using the
existing resources of agencies involved and data that has already been
collected.
For instance, our legislation would require the Department of Defense
to conduct an inventory of its range assets and determine what, if any,
deficiencies exist. Much of this information is already available
through existing Defense Department reports. Armed with this
information, we can convert our nation's launch ranges back to the
busiest space facilities in the world.
But this legislation does more than just refrain from new spending.
It actually saves money by allowing the conversion of excess ballistic
missiles into space transportation vehicles. Due to the START treaty,
these missiles can no longer be used for their original intended
purpose. Furthermore, they are extremely expensive to store or destroy.
By using these missiles as launch vehicles, the government will be
able to launch small scientific and educational payloads that cannot
afford the larger and more expensive rocket systems. This is a legal
and efficient way to dispose of an expensive asset. Our Russian
counterparts have been firing their missiles as opposed to spending
money to destroy them. We will implement one more practical step by
firing them with a payload.
In closing, let me remind you of remarks that President John F.
Kennedy made in the midst of the hotly contested space race. During one
of his visits to Cape Canaveral, President Kennedy declared, ``We
choose to go the moon in this decade and do the other things, not
because they are easy, but because they are hard.''
As we consider this bill, we should all ponder that quote. It is not
easy for the federal government to change the way it has done business
for many years. It is hard; it is a challenge, for forward-thinking
people both in and out of the government. But it is what we must do to
protect our investment in the nation's economic future and our national
pride. It is vital that we ensure our nation's position in the
commercial space race of the 21st century.
I thank the distinguished Chairman and Ranking Member of the Senate
Commerce Committee Senator McCain and Senator Hollings, and the
Chairman of the Science, Technology, and Space Subcommittee Senator
Frist for supporting this legislation and guiding it through the Senate
process.
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