[Congressional Record Volume 144, Number 137 (Monday, October 5, 1998)]
[House]
[Pages H9494-H9502]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMERCIAL SPACE ACT OF 1998
Mr. ROHRABACHER. Mr. Speaker, I move to suspend the rules and agree
to the resolution (H. Res. 572) providing for the consideration of the
bill H.R. 1702 and the Senate amendment thereto.
The Clerk read as follows:
H. Res. 572
Resolved, That, upon the adoption of this resolution, the
House shall be considered to have taken from the Speaker's
table the bill H.R. 1702 together with the Senate amendment
thereto, and to have concurred in the Senate amendment with
an amendment as follows: In lieu of the matter proposed to be
inserted by the Senate amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Commercial
Space Act of 1998''.
(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.
Sec. 107. Sources of Earth science data.
TITLE II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
Sec. 201. Requirement to procure commercial space transportation
services.
Sec. 202. Acquisition of commercial space transportation services.
Sec. 203. Launch Services Purchase Act of 1990 amendments.
Sec. 204. Shuttle privatization.
Sec. 205. Use of excess intercontinental ballistic missiles.
Sec. 206. National launch capability study.
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 H9495]]
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 years 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 years 1997
and 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 (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 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'';
[[Page H9496]]
(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 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 inserting ``or Reentries'' after ``Launches'' in the
heading for subsection (e);
(H) by inserting ``or reentry site or a reentry'' after
``launch site'' in subsection (e); and
(I) 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) 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) $6,275,000 for the fiscal year ending September 30,
1999; and
``(2) $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. 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;
(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 the
Assistant Secretary of Commerce for Communications and
Information so that on an international basis the Assistant
Secretary can--
[[Page H9497]]
(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. 105. ACQUISITION OF SPACE SCIENCE DATA.
(a) Acquisition From Commercial Providers.--The
Administrator shall, to the extent possible and while
satisfying the scientific or educational requirements of the
National Aeronautics and Space Administration, and where
appropriate, of other Federal agencies and scientific
researchers, 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). For
purposes of such law and regulations, space science data
shall be considered to be a commercial item. Nothing in this
subsection shall be construed to preclude the United States
from acquiring, through contracts with commercial providers,
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--
(1) the elemental and mineralogical resources of the moon,
asteroids, planets and their moons, and comets;
(2) microgravity acceleration; and
(3) 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 in
Washington, DC.
SEC. 107. SOURCES OF EARTH SCIENCE DATA.
(a) Acquisition.--The Administrator shall, to the extent
possible and while satisfying the scientific or educational
requirements of the National Aeronautics and Space
Administration, and where appropriate, of other Federal
agencies and scientific researchers, 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). For purposes of such
law and regulations, such data, services, distribution, and
applications shall be considered to be a commercial item.
Nothing in this subsection shall be construed to preclude the
United States from acquiring, through contracts with
commercial providers, sufficient rights in data to meet the
needs of the scientific and educational community or the
needs of other government activities.
(c) Study.--(1) The Administrator shall conduct a study to
determine the extent to which the baseline scientific
requirements of Earth Science 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 Earth Science;
(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.
(f) Remote Sensing.--
(1) Application contents.--Section 201(b) of the Land
Remote Sensing Policy Act of 1992 (15 U.S.C. 5621(b)) is
amended--
(A) by inserting ``(1)'' after ``National Security.--'';
and
(B) by adding at the end the following new paragraph:
``(2) The Secretary, within 6 months after the date of the
enactment of the Commercial Space Act of 1998, 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.''.
(2) Notification of agreements.--Section 202(b)(6) of the
Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5622(b)(6))
is amended by inserting ``significant or substantial'' after
``Secretary of any''.
TITLE II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
SEC. 201. 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
international agreements for international collaborative
efforts relating to science and technology;
(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.
Nothing in this section shall prevent the Administrator from
planning or negotiating agreements with foreign entities for
the launch of Federal Government payloads for international
collaborative efforts relating to science and technology.
(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. 202. 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). For purposes of such law and
regulations, space transportation services shall be
considered to be a commercial item.
(b) Safety Standards.--Nothing in this section shall be
construed to prohibit the Federal Government from requiring
compliance with applicable safety standards.
SEC. 203. 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. 204. 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 space
transportation requirements for transportation to
[[Page H9498]]
and from Earth orbit, 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. 205. 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
(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) and 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, a certification 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
certification 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. 206. NATIONAL LAUNCH CAPABILITY STUDY.
(a) Findings.--Congress finds that a robust satellite and
launch industry in the United States serves the interest of
the United States by--
(1) contributing to the economy of the United States;
(2) strengthening employment, technological, and scientific
interests of the United States; and
(3) 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 in the United States during a
specified period of time; and
(B) includes all launches in the United States (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 subsection 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 or available
to carry out the total potential national mission model
described in subparagraph (A), including--
(i) launch property and services of the Department of
Defense, the National Aeronautics and Space Administration,
and non-Federal facilities; and
(ii) the ability to support commercial launch-on-demand on
short notification, taking into account Federal requirements,
at launch sites or test ranges in the United States;
(C) identify each deficiency in the resources referred to
in subparagraph (B); and
(D) with respect to the deficiencies identified under
subparagraph (C), include estimates of the level of funding
necessary to address those deficiencies for the period
described in subparagraph (A).
(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--
(1) 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;
(2) identify 1 or more methods by which, if sufficient
resources referred to in subsection (c)(2)(D) are not
available to the Department of Defense and the National
Aeronautics and Space Administration, the control of the
launch property and launch services of the Department of
Defense and the National Aeronautics and Space Administration
may be transferred from the Department of Defense and the
National Aeronautics and Space Administration to--
(A) 1 or more other Federal agencies;
(B) 1 or more States (or subdivisions thereof);
(C) 1 or more private sector entities; or
(D) any combination of the entities described in
subparagraphs (A) through (C); and
(3) identify the technical, structural, and legal
impediments associated with making launch sites or test
ranges in the United States viable and competitive.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Rohrabacher) and the gentleman from Tennessee (Mr.
Gordon) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Rohrabacher).
(Mr. ROHRABACHER asked and was given permission to revise and extend
his remarks.)
Mr. ROHRABACHER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this resolution takes from the Speaker's desk H.R. 1702
as reported back by the Senate and passed with an amendment.
The Commercial Space Act of 1998 is a small legislative step that
will enable giant leaps for America's commercial space industry. It is
the culmination of 3 years of extensive bipartisan consultation and
cooperation within the Committee on Science, with the Senate Committee
on Commerce, Science and Transportation, and with the administration as
well.
I support the product of this effort and wish to thank the Members on
both sides of the aisle and in the other body for their help in making
this possible.
H.R. 1702 passed the House last year. The Senate passed an amended
H.R.
[[Page H9499]]
1702 this July. The House and Senate have negotiated the compromise
bill that is before us today. I urge my colleagues to support this
commercial space bill so we can send it to the Senate and then to the
President for his immediate signature.
The compromise bill promotes the continued growth of the United
States commercial space industry. It requires an independent market
study of and a NASA report on progress in commercializing the
international space station. It authorizes the Department of
Transportation to license the reentry of space transportation vehicles.
It makes permanent a launch voucher demonstration program so that
scientists can buy their own launch services instead of being told when
and how their experiments can fly into space. It encourages the
President to ensure that the United States global positioning system
becomes the world standard so that foreign systems will not interfere
with the GPS satellite signals.
It encourages NASA to buy commercial data for both space science and
earth science researchers. It directs NASA to manage its commercial
space centers out of NASA headquarters in Washington, D.C.
It includes provisions which clarify the regulation of U.S.
commercial remote sensing companies. It requires the Federal Government
to purchase space transportation services instead of building and
operating its own vehicles. It requires NASA to plan for the potential
privatization of the space shuttle. It allows the use of access ICBMs
as low-cost space transportation vehicles, and it requires that the
Department of Defense study our national launch demand and
infrastructure capability through the year 2007.
At the same time, I am sad to report that one of the most important
portions of H.R. 1702, which dealt with commercial remote sensing, had
to be abandoned in order to secure the passage of this legislation in
the Senate, but some of our government's Cold War bureaucrats seem to
want to have the same power that they had and are unwilling to see that
change take place for now, but we will fight that battle on another
day.
I can honestly say that we tried very hard to meet the administration
halfway, and after holding two subcommittee hearings on the topic, the
committee made several changes to the bill in order to accommodate the
administration requests, both in committee markup and later on the
House floor. The State Department kept pushing for even more authority
than they have now, so rather than give them that authority and make
life even harder for our remote sensing industry, we decided simply to
strike title II from the bill, and say, we will come back and talk
about that issue on another day.
Today, however, we should celebrate a legislative glass that is more
than half full. The chairman, the gentleman from Wisconsin (Mr.
Sensenbrenner), and ranking member, the gentleman from California (Mr.
Brown) have offered us a great deal of leadership in this area. I
salute both of them. I especially salute the ranking member, the
gentleman from California (Mr. Brown), who is with us on the floor at
this time. He and the chairman, the gentleman from Wisconsin (Mr.
Sensenbrenner), have shown in the Committee on Science that we
certainly have as bipartisan a committee as anyone on the floor, and
the gentleman from Tennessee (Mr. Gordon), the ranking member on the
subcommittee, has been working with me in that spirit.
I am very proud to have worked with my friends on the other side of
the aisle to come up with this piece of legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GORDON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1702, the Commercial Space Act
of 1998. This act represents another in a long series of bipartisan
efforts to promote the development of a healthy and expanding U.S.
commercial space sector.
I will not attempt to discuss every provision in H.R. 1702, but I
would like to highlight a number of important aspects of the bill.
First, H.R. 1702 contains a series of amendments to existing law that
should help the U.S. commercial launch industry to move to a new
generation of low-cost launch vehicles. The amendments authorize the
U.S. Department of Transportation to license reusable launch vehicles,
vehicles that can take off, fly into space and return to earth to be
used again.
A number of U.S. companies, both large and small, have such new
vehicles under development. However, they need to have a predictable
licensing and regulatory environment. H.R. 1702 will help establish
that environment.
Second, H.R. 1702 makes a strong statement of support for the global
positioning system and encourages the administration to ensure the
operation of the global positioning system on a continuous worldwide
basis, free of direct user fees. GPS has provided the foundation for
the growth of entirely new businesses, and we need to assure that it
and its augmentations continue to play that role.
Third, H.R. 1702 contains other provisions to promote governmental
purchases of commercial data and launch services when appropriate.
These provisions can help to promote the further development of the
commercial space sector in the years ahead.
Mr. Speaker, this final version of H.R. 1702 is the result of
constructive discussions and compromises between the House, the Senate
and the administration. I want to express my appreciation for the
positive roles played by the chairman, the gentleman from Wisconsin
(Mr. Sensenbrenner), the ranking member, the gentleman from California
(Mr. Brown), the subcommittee chairman, the gentleman from California
(Mr. Rohrabacher) and their staffs.
H.R. 1702 is a bill that will foster economic growth, and I urge my
colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. ROHRABACHER. Mr. Speaker, I yield myself 30 seconds.
Mr. Speaker, we have with us today in the hall the former chairman,
now ranking member, the gentleman from California (Mr. Brown), who I
mentioned, but we also have the former chairman of the Committee on
Science, Mr. Walker, who spent considerable time and effort on this
piece of legislation, and I would like to applaud Mr. Walker's efforts
over the years. He has spent many, many years on space
commercialization projects, and this piece of legislation reflects that
hard work and dedication on his part.
Mr. Speaker, I yield 4 minutes to the gentleman from Florida (Mr.
Weldon), who has worked long and hard on this piece of legislation.
{time} 1945
Mr. WELDON of Florida. Mr. Speaker, I thank the chairman of the
subcommittee for yielding time, and I rise in support of this
legislation. I encourage all of my colleagues on both sides of the
aisle to support and vote for this very important legislation.
I represent the east central coast of Florida, the area that includes
Cape Canaveral and Kennedy Space Center. Years ago, most of the
launches were for the government. But today the majority of launches
from Cape Canaveral are for commercial satellites. These are
telecommunications satellites that carry TV signals or telephone
conversations as well as remote sensing satellites that can help
American farmers better manage their crops and be more efficient and
more productive. That is what this legislation is all about, being more
efficient and more productive, the use of space for the betterment of
mankind, helping to create better jobs, using our tax dollars more
efficiently.
This legislation will make it easier for everyone, from satellite or
launch vehicle manufacturers to remote sensing and telecommunications
service providers to better be able to do business in the 21st century.
It will better enable American companies to compete in an increasingly
competitive international marketplace. The space industry is an example
of another industry that the United States essentially created, but
like many industries that the United States has created, it is at risk
of going overseas and no longer being in the United States. Therefore,
this legislation is badly needed.
In particular, I would like to mention the section of the bill that
deals with the feature regarding the licensing of commercial space
vehicles that reenter the atmosphere. Today the only space
[[Page H9500]]
vehicle that regularly reenters the atmosphere is our Nation's space
shuttle. But it is used for government missions and not for launching
commercial satellites. There are several new launch vehicles in the
developmental stage today, including the Lockheed Martin Venture Star
that will launch commercial satellites and then return to earth, be
refueled, refurbished and then launched again in a similar fashion to
the way the space shuttle is handled. This legislation will better
enable the government to license and regulate those types of launch
vehicles.
Again, I rise in strong support. I commend the chairman of the
subcommittee and ranking member, as well as the chairman and ranking
member of the full committee for their work that they have done in
support of this legislation.
Mr. GORDON. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. Brown), one of the most knowledgeable
Members of this body on our space program.
(Mr. BROWN of California asked and was given permission to revise and
extend his remarks.)
Mr. BROWN of California. I thank the ranking member for yielding me
this time. I could abuse it since he put no limit on it, but I promise
my colleagues I will not do that.
Mr. Speaker, I should point out that approximately 41 years ago we
entered into a new age, the space age, with the launch of Sputnik which
scared the daylights out of a lot of people around the world, including
here in the United States, and stimulated our own efforts to move into
the new space age. That age has proceeded more rapidly than many of us
had ever assumed that it might and less rapidly than some had hoped. It
is 41 years old approximately.
It is notable that today commercial space revenues have exceeded the
amount of money which the governments of the world spend on space. This
is a rather remarkable feature in itself, but I think we are just
looking at the beginning of a vast increase in commercial space
activities. Of course that is what this bill is intended to address.
It is not a revolutionary bill. I sometimes criticize legislation for
not going as far as it should. I personally would like to have seen
this bill go much further into new areas of space commercialization,
new legislative structures and so forth. I recognize, however, the
tremendous amount of work which has gone into bringing us this piece of
legislation, and I am not going to be critical of the fact that the
bill does not reach as far as I would like.
What I expect to see happening in the very near future was indicated
I think rather well by the gentleman from Florida (Mr. Weldon) when he
pointed to the vast expansion of reusable launch vehicles which are in
the offing. One of those systems is being developed in my own district
in California. Most of these systems are tied to the increasing number
of communications satellites which are being launched around the globe.
We will see a proliferation of new systems with hundreds, possibly
thousands of satellites, all of which will have to be launched into low
earth orbit and then replaced at fairly frequent intervals. So we can
be absolutely certain that we are going to see a very large demand for
economical, reusable launch vehicle systems. This may be the driving
factor in the development of a much more robust commercial space
business than we have today.
There are also many other very attractive commercial opportunities in
space which we will not dwell on this evening, but I see the potential
for each of these other kinds of activities reaching similar
possibilities to what we see in satellite communication systems.
I strongly support this bill. I commend the various people who worked
so hard on it. I hope that we will be able to come back at a future
time with a more comprehensive bill which will strengthen the position
of the private sector in the development of commercial space business
and will allow us to move even further into this great new space age
that we are in.
Mr. Speaker, I would like to speak in favor of H.R. 1702, the
Commercial Space Act of 1998. While H.R. 1702 is a relatively modest
bill, it will, I believe, provide an important stimulus to the
continued growth of the U.S. commercial space sector.
It was 41 years ago Sunday that the space age dawned with the launch
of Sputnik. America and the rest of the world have come a long way in
space since then. One of the most important developments has been the
growth of a robust commercial space sector in the United States.
Worldwide, commercial space revenues--driven in large part by the
explosive growth of satellite communicaitons--exceeded governmental
space expenditures for the first time last year. I expect that this
trend will continue.
H.R. 1702 will help to promote the commercial space sector in a
number of ways. I would like to focus on one of those, namely the
licensing provisions for reusable launch vehicles (RLVs) and reentry
vehicles. These RLVs offer the promise of significant reductions in the
cost of launching payloads into space. A number of companies, including
the entrepreneurial Kelly Space and Technology, Inc., are working hard
to turn the promise of low cost access to space into reality.
H.R. 1702 will help provide a predictable licensing and regulatory
environment that is necessary if this new industry is to flourish.
H.R. 1702 contains a number of other notable provisions, including
ones related to the global positioning system, commercial launch
services and commercial ``data buys''.
In addition, I am pleased that this final version of H.R. 1702
restores the ability of the U.S. government to continue to carry out
international collaborations in science and technology with other
nations--collaborations that have delivered great benefits to the
United States.
Mr. Speaker, I believe that H.R. 1702 represents a constructive step
forward by Congress in the promotion of a vibrant commercial space
sector. I wish to express my appreciation to Science Committee Chairman
Sensenbrenner, as well as to Chairman Rohrabacher and Mr. gordon, the
chair and ranking member of the Space Subcommittee for all of their
efforts on this bill.
I urge my colleagues to pass H.R. 1702.
Mr. ROHRABACHER. Mr. Speaker, I yield such time as he may consume to
the gentleman from Texas (Mr. Brady) for a colloquy about an important
provision of this bill.
Mr. BRADY of Texas. Mr. Speaker, I first want to thank the chairman
for his leadership as chair of the Subcommittee on Space and
Aeronautics and that of the ranking minority member for the leadership
on this important issue.
Mr. Speaker, when this bill was marked up in the subcommittee, we
added a section which required that NASA administer the Commercial
Space Center program from NASA headquarters. These centers are the
primary mechanism by which NASA works to spark new commercial research
and investment in space development, particularly regarding commercial
research on and use of the International Space Station. Because these
centers are so important, the committee wanted to make sure that they
were administered and funded in a fair and consistent way by NASA
headquarters.
Mr. ROHRABACHER. Mr. Speaker, will the gentleman yield?
Mr. BRADY of Texas. I yield to the gentleman from California.
Mr. ROHRABACHER. Mr. Speaker, the gentleman is entirely correct. The
committee was concerned that when NASA abolished its Office of Space
Access and Technology, some of these Commercial Space Centers got lost
in the shuffle. Some of them were placed under the management of and
funded through NASA's Office of Life and Microgravity Sciences and
Applications, while others were turned over to various NASA field
centers but without any money to fund them. While the Congress has no
desire to tell NASA which Commercial Space Centers to fund, we do want
to make sure that centers are not being harmed or even killed off
because of hidden ad hoc decisions on management and funding. Section
106 of the Commercial Space Act requires that NASA headquarters
administer, including providing visible and specified funding for, the
Commercial Space Centers program.
Mr. BRADY of Texas. As the chairman of the subcommittee may know, the
National Academy of Public Administration recently issued a study on
the Commercial Space Center program which states that the role NASA
headquarters should play in the Commercial Space Center program
includes ``guidance, oversight, funding, and the clarification of
expectations and specification of accountability.''
Mr. ROHRABACHER. The gentleman raises an excellent point. The report
he
[[Page H9501]]
refers to confirms the need to apply fair and consistent standards in
managing and funding important activities like the Commercial Space
Center program, which is precisely the intent of section 106 of this
bill. I promise the gentleman from Texas that we will continue to work
with him and many other Members of the House to ensure that NASA
headquarters develops and implements an effective system of
administering this program, including providing appropriate funds for
those centers which are performing well on the taxpayers' behalf.
Mr. GORDON. Mr. Speaker, I have no more speakers. I simply close by
saying this is a good bill, it deserves the strong support of this
House, and I yield back the balance of my time.
Mr. ROHRABACHER. Mr. Speaker, I yield myself such time as I may
consume. This bill moves forward with very few ruffles and flourishes.
Yet we should not miss the significance of what it represents and of
what is happening here today.
Last week on October 1, the Subcommittee on Space and Aeronautics
held a hearing on the occasion of NASA's 40th anniversary. It seems
almost like yesterday as Chairman Brown noted when Sputnik went up, but
it also seems like generations ago when we saw NASA in its heyday in
the early 1960s launching Americans into space. But for the most part,
the early part of NASA's history, at least the first two decades, and
there has been an evolution since, for the most part, space was a
government endeavor. During that early time, much of the impetus during
the space race was brought on by a spirit of cooperation, if not a
spirit of survival during the Cold War. Our race into space during the
Cold War was looked at as something having to do with our national
survival. Much of the spending that took place in terms of defense
spending was justified and has brought us to this point today. In fact,
over the years our space program has benefited greatly, our commercial
space program and our civilian space program through NASA has benefited
greatly from technological spinoffs from our own defense spending.
However, we are now, and this is perhaps what this bill signifies, at a
turning point. The Cold War is over. A whole new approach to space is
being taken by the United States of America. No longer is space going
to be the purview and the arena of government. Instead we are going to
through this legislation unleash our greatest asset, and that is the
creativity and the entrepreneurial genius and the profit motive of
America's private sector. In fact, we can no longer afford a space
program that is basically a government program, or a defense-related
program. We have to bring in private capital. We have to bring in the
private sector. We have to bring in competition and the profit motive
to make sure our space program, America's space effort, is done
effectively and that we dream big dreams. Unlike in some programs that
are controlled by the bureaucracy, those programs quite often are only
interested in trying to get enough money for next year's funding level.
What is happening with this commercial bill is a good first step. As I
mentioned, Chairman Walker and Chairman Brown, who have spent such a
considerable amount of time, oversaw this legislation and have brought
us to this turning point.
I would like to share just a few thoughts and perhaps our ranking
member the gentleman from Tennessee (Mr. Gordon) would like to join me
as well, just a few thoughts that emerged from our hearing last week
when we were celebrating the 40th anniversary of NASA. We had some
people who were talking about what the next 40 years of America's space
program will be like. It is going to be much different than the first
40 years. In fact, I would expect that some of the investments in the
private sector will have spinoffs that will help us in the defense
arena. In fact, where before it was defense spending that the spinoffs
helped us in the commercial and civilian area, it is going to go just
the opposite in the years ahead. In order to spur growth and commercial
activity in space, we will be working on another commercial space bill
next year, starting next session, and I am sure we will have the same
cooperation that we have had this year with both sides of the aisle.
There are many ideas that are exciting people about what we can do in
space. The 40th anniversary is marking a turning point but it is
marking, you might say we have reached a stage from which then we will
proceed into outer space, and in the exploration and the utilization of
space for the benefit of mankind.
The Speaker has mentioned to me his support for these type of
approaches. I have spoken to the Speaker about a concept that is close
to my heart of trying to declare space a tax-free zone and is something
Mr. Walker talked about several years ago. I call it the zero-gravity,
zero-tax approach. If we can ensure that people who are investing in
space projects, new creative approaches and new projects, not things
that have been done in the past but things that, for example, we are
having trouble now with the Space Station, it is a big challenge to
come up with some of the funds for Space Station.
{time} 2000
But if we enrich or enliven the private sector, and we give
encouragement and incentive to people in the private sector and Wall
Street to invest, perhaps there can be some economic activities on the
space station with zero gravity and zero taxes to be paid that will
bring money out of the private sector.
We can also look, for example, to the solution of some of the
problems that have seemed intractable in our past.
Mr. Speaker, I am very excited about the possibility of using space
as a vehicle to transport energy to different parts of the world. We
have being studied now in the NASA budget with the support of the
ranking member and our friends on the other side of the aisle, NASA is
studying the idea of technology that might permit oil rich and gas rich
Azerbaijan or Turkmenistan or countries in central Asia for example,
Kazakhstan, to be able to use their natural gas to produce electricity
there and shoot the electricity into a satellite system; we call it
space grid; which could then transmit that electricity anywhere in the
planet, and with a zero-gravity zero-tax approach, we might be able to
build a space grid without the use of any taxpayers' dollars.
We might be able to establish a moon base in the next 10 years
perhaps just from the external tanks of the shuttle, that we might be
able to get there at very little money. We could have 20 or 30 of these
external tanks that are pressurized tanks that future generations of
American could put to use as a space colony on the moon.
Asteroids. There has been a lot of movies about asteroids lately that
talk about the fear of asteroids hitting the earth, but asteroids also
present to us a great opportunity. Asteroids are made out of materials
that can be very valuable on the earth, and also asteroids can be
turned into a space station that already exists and just is there to be
exploited by mankind.
We are also developing now new propulsion systems, and up until now
only rockets have been used to take mankind into space. In the future
that will be different. In fact, the rockets that we use, we are
developing new reusable rockets that will dramatically bring down the
cost of getting into space via rockets, but at the same time we are
developing new propulsion systems. For example, there is one that is
based on a laser beam that will use the energy of the laser beam to
transport an object, a satellite, into space so it does not have to
carry its own fuel.
When these type of technologies are fully developed and we bring the
full strength of the private sector, we will realize a new world, and
we will realize a new opportunity on this world, and it is a very
exciting time to be the chairman of this committee and to be a member
of this committee, and again it represents, this dream represents, the
best of bipartisanship in the House of Representatives.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I strongly favor this measure
because it seeks to bolster our Nation's space industry's capabilities.
By expanding our utilization of our commercial space industry, we
foster a strong alliance between government and private-sector
entities, an alliance that will propel America's space program into the
next millennium.
This bill bolsters our Nation's space industry by establishing a
regulatory infrastructure for the licensing of private reusable launch
vehicles. Moreover, this piece of legislation alters the role of the
National Aeronautics and
[[Page H9502]]
Space Administration (NASA) to promote private-sector involvement and
competition in the development of industrial space products.
By authorizing the Transportation Department's Office of Commercial
Space Transportation to issue licenses to private companies for
launching re-usable space vehicles, this measure allows commercial
entities to launch vehicles into space and pilot them back to earth.
Currently, private companies are not permitted to pilot their vehicles
back to earth after a launch.
Providing this authorization will foster the development of a strong,
private-sector space transportation industry in our country. It is my
hope that this sector of the space industry will result in cost-
effective transport services to NASA and commercial companies.
This measure also requires NASA to begin purchasing space
transportation services from the private sector when such services are
available. This portion of the bill has been carefully crafted to
permit NASA autonomy when necessary. For instance, projects that
require the unique capabilities of the space shuttle and sensitive
national security projects would be excepted from the bill's
requirement regarding NASA's utilization of private sector providers.
More importantly, the use of commercial services would not be required
for missions beyond Earth orbit, missions such as flights to the Moon,
Mars, or beyond.
I also support this measure's advocacy of the U.S. Global Positioning
System (GPS). This piece of legislation encourages the President to
ensure the continued operation of the U.S. GPS navigation satellites on
a world-wide basis. By promoting the U.S. GPS through international
agreements, we can encourage our global partners to accept this
extraordinary system as the international standard.
Finally, I believe that this measure's requirement that NASA plan for
the potential privatization of the space shuttle is appropriate. The
continued deployment of shuttle missions is imperative, and it is
possible that private-sector corporations could provide more cost-
efficient launches. By merging commercial and government resources, we
could ensure that the space shuttle will remain a viable fixture in
space exploration for many years to come.
This measure appeals to all involved, and I am certain that
cooperation between American Government and commercial entities will
pave the way to the exploration of unimaginable frontiers.
Mr. ROHRABACHER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Rohrabacher) that the House suspend the
rules and agree to the resolution, H. Res. 572.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.
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