[Congressional Record Volume 146, Number 128 (Friday, October 13, 2000)]
[Senate]
[Pages S10555-S10556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   PROMOTING THE DEVELOPMENT OF THE COMMERCIAL SPACE TRANSPORTATION 
                                INDUSTRY

  Mr. LOTT. Mr. President, I ask unanimous consent that the Commerce 
Committee be discharged from further consideration of H.R. 2607, and 
the Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2607) to promote the development of the 
     commercial space transportation industry, to authorize 
     appropriations for the Office of the Associate Administrator 
     for Commercial Space Transportation, to authorize 
     appropriations for the Office of Space Commercialization, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 4321

  Mr. LOTT. Mr. President, Senators McCain and Frist have 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 Mississippi [Mr. Lott] for Mr. McCain, for 
     himself and Mr. Frist, proposes an amendment numbered 4321.

  The amendment is as follows:

     (Purpose: To promote the development of the commercial space 
            transportation industry, and for other purposes)

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Commercial Space 
     Transportation Competitiveness Act of 2000''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) a robust United States space transportation industry is 
     vital to the Nation's economic well-being and national 
     security;
       (2) enactment of a 5-year extension of the excess third 
     party claims payment provision of chapter 701 of title 49, 
     United States Code, (Commercial Space Launch Activities) will 
     have a beneficial impact on the international competitiveness 
     of the United States space transportation industry;
       (3) space transportation may evolve into airplane-style 
     operations;
       (4) during the next 3 years the Federal Government and the 
     private sector should analyze the liability risk-sharing 
     regime to determine its appropriateness and effectiveness, 
     and, if needed, develop and propose a new regime to Congress 
     at least 2 years prior

[[Page S10556]]

     to the expiration of the extension contained in this Act;
       (5) the areas of responsibility of the Office of the 
     Associate Administrator for Commercial Space Transportation 
     have significantly increased as a result of--
       (A) the rapidly expanding commercial space transportation 
     industry and associated government licensing requirements;
       (B) regulatory activity as a result of the emerging 
     commercial reusable launch vehicle industry; and
       (C) the increased regulatory activity associated with 
     commercial operation of launch and reentry sites; and
       (6) the Office of the Associate Administrator for 
     Commercial Space Transportation should continue to limit its 
     promotional activities to those which support its regulatory 
     mission.

     SEC. 3. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.

       (a) Amendment.--Section 70119 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 70119. Office of Commercial Space Transportation.

       ``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) $12,607,000 for fiscal year 2001; and
       ``(3) $16,478,000 for fiscal year 2002.''.
       (b) Table of Sections Amendment.--The item relating to 
     section 70119 of the table of sections of chapter 701 of 
     title 49, United States Code, is amended to read as follows:

``70119. Office of Commercial Space Transportation.''.

     SEC. 4. OFFICE OF SPACE COMMERCIALIZATION.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce for the 
     activities of the Office of Space Comercialization--
       (1) $590,000 for fiscal year 2001;
       (2) $608,000 for fiscal year 2002; and
       (3) $626,000 for fiscal year 2003.
       (b) Report to Congress.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Commerce 
     shall transmit to the Congress a report on the Office of 
     Space Commercialization detailing the activities of the 
     Office, the materials produced by the Office, the extent to 
     which the Office has fulfilled the functions established for 
     it by the Congress, and the extent to which the Office has 
     participated in interagency efforts.

     SEC. 5. COMMERCIAL SPACE TRANSPORTATION INDEMNIFICATION 
                   EXTENSION.

       (a) In General.--If, on the date of enactment of this Act, 
     section 70113(f) of title 49, United States Code, has not 
     been amended by the Departments of Veterans Affairs and 
     Housing and Urban Development, and Independent Agencies 
     Appropriations Act, 2001, then that section is amended by 
     striking ``December 31, 2000'' and inserting ``December 31, 
     2004'.
       (b) Amendment of Modified Section.--If, on the date of 
     enactment of this Act, section 70113(f) of title 49, United 
     States Code, has been amended by the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 2001, then that section is 
     amended by striking ``December 31, 2001'' and inserting 
     ``December 31, 2004''.

     SEC. 6. TECHNICAL AMENDMENT TO SECTION 70113 OF TITLE 49.

       (a) Section 70113 of title 49, Untied States Code, is 
     amended by striking ``________, 19____.','' in subsection 
     (e)(1)(A) and inserting ``________, 20____.',''.
       (b) The amendment made by subsection (a) takes effect on 
     January 1, 2000.

     SEC. 7. LIABILITY REGIME FOR COMMERCIAL SPACE TRANSPORTATION.

       (a) Report Requirement.--Not later than 18 months after the 
     date of the enactment of this Act, the Secretary of 
     Transportation shall transmit to the Congress a report on the 
     liability risk-sharing regime in the United States for 
     commercial space transportation.
       (b) Contents.--The report required by this section shall--
       (1) analyze the adequacy, propriety, and effectiveness of, 
     and the need for, the current liability risk-sharing regime 
     in the United States for commercial space transportation;
       (2) examine the current liability and liability risk-
     sharing regimes in other countries with space transportation 
     capabilities;
       (3) examine the appropriateness of deeming all space 
     transportation activities to be ``ultrahazardous activities'' 
     for which a strict liability standard may be applied and 
     which liability regime should attach to space transportation 
     activities, whether ultrahazardous activities or not;
       (4) examine the effect of relevant international treaties 
     on the Federal Government's liability for commercial space 
     launches and how the current domestic liability risk-sharing 
     regime meets or exceeds the requirements of those treaties;
       (5) examine the appropriateness, as commercial reusable 
     launch vehicles enter service and demonstrate improved safety 
     and reliability, of evolving the commercial space 
     transportation liability regime towards the approach of the 
     airline liability regime;
       (6) examine the need for changes to the Federal 
     government's indemnification policy to accommodate the risks 
     associated with commercial spaceport operations; and
       (7) recommend appropriate modifications to the commercial 
     space transportation liability regime and the actions 
     required to accomplish those modifications.
       (c) Sections.--The report required by this section shall 
     contain sections expressing the views and recommendations 
     of--
       (1) interested Federal agencies, including--
       (A) the Office of the Associate Administrator for 
     Commercial Space Transportation;
       (B) the National Aeronautics and Space Administration;
       (C) the Department of Defense; and
       (D) the Office of Space Commercialization; and
       (2) the public, received as a result of notice in Commerce 
     Business Daily, the Federal Register, and appropriate Federal 
     agency Internet websites.

     SEC. 8. AUTHORIZATION OF INTERAGENCY SUPPORT FOR GLOBAL 
                   POSITIONING SYSTEM.

       The use of interagency funding and other forms of support 
     is hereby authorized by Congress for the functions and 
     activities of the Interagency Global Positioning System 
     Executive Board, including an Executive Secretariat to be 
     housed at the Department of Commerce.

  Mr. LOTT. Mr. President, I ask unanimous consent that the amendment 
be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4321) was agreed to.
  Mr. LOTT. I ask unanimous consent the bill be read a third time and 
passed, as amended, the motion to reconsider be laid upon the table, 
and that any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 2607), as amended, was read the third time and passed.

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