[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H9949-H9950]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      COMMERCIAL SPACE TRANSPORTATION COMPETITIVENESS ACT OF 2000

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and 
concur in the Senate amendment to the 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.
  The Clerk read as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     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 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
       ``(2) $16,478,000 for fiscal year 2002.''.
       (b) Table of Sections Amendment.--The item relating to 
     section 70119 in 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 Commercialization--
       (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, United 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--

[[Page H9950]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Tennessee (Mr. 
Gordon) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on H.R. 2607.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this bill extends launch indemnification to the U.S. 
commercial launch industry through the end of the year 2004, and 
authorizes funding for the Offices of Advanced Space Transportation and 
Space Commerce in the Departments of Transportation and Commerce. This 
is a bipartisan bill jointly sponsored by the Subcommittee on Space and 
Aeronautics; the gentleman from California (Mr. Rohrabacher); the 
gentleman from Florida (Mr. Weldon); and the ranking minority member, 
the gentleman from Tennessee (Mr. Gordon).
  The Federal Government first decided to indemnify commercial launch 
companies against catastrophic losses in 1990 as a means of rebuilding 
a launch industry which was critical for national security. Congress 
has traditionally reviewed indemnification in 5-year increments. At no 
cost to the government, the act successfully created a stable business 
environment that encouraged private firms to invest in improving U.S. 
space launch capabilities and maintaining their competitiveness with 
launchers from Europe, Russia, the Ukraine and China. By extending 
indemnification through 2004, we will eliminate the uncertainty created 
by 1-year renewals and restore a business environment that helps U.S. 
launch firms retain their competitiveness.
  The House passed this bill last year by an overwhelming margin on 
suspension of the rules and should do so again now that the Senate has 
acted. The Senate has made only minor modifications. I urge all my 
colleagues to support this important measure.
  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 would like to make a few brief comments in support of 
H.R. 2607. H.R. 2607, the Commercial Space Competitiveness Act of 2000, 
is a bill that does a number of important things to advance the 
competitiveness of the Nation's commercial space transportation 
industry. First and foremost, the bill extends the commercial space 
transportation indemnification provisions through 2004. Those 
indemnification provisions were first enacted in 1988 as part of the 
Commercial Space Launch Act amendments. They have provided a sensible 
and highly cost-effective risk-sharing regime that has helped our 
launch industry compete in world markets. And since their enactment, 
these provisions have not cost American taxpayers a single dollar in 
claims.
  H.R. 2607 does a number of important things, including authorizing 
funding for the Department of Transportation's Office of Commercial 
Space Transportation and the Department of Commerce's Office of Space 
Commercialization. The Office of Commercial Space Transportation in 
particular has been responsible for licensing U.S. commercial launches 
and launch facilities, and this legislation recognizes the need to 
provide the resources needed to carry out its duties.
  Before I close, I would like to just express my thanks to my 
colleagues, the gentleman from Wisconsin (Mr. Sensenbrenner), the 
gentleman from California (Mr. Rohrabacher), the gentleman from Texas 
(Mr. Hall), Senators McCain, Hollings, Frist and Breaux. Without their 
collective efforts, we would not be considering this bill today.
  Mr. Speaker, the House originally passed H.R. 2607 more than a year 
ago. The version before us today reflects the incorporation of some 
minor but constructive changes requested by the Senate. I believe this 
bill is a useful piece of legislation and I urge my colleagues to vote 
to suspend the rules and pass this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. 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 Wisconsin (Mr. Sensenbrenner) that the House suspend the 
rules and concur in the Senate amendment to the bill, H.R. 2607.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

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