PUBLIC LAW 106–405—NOV. 1, 2000 114 STAT. 1751

Public Law 106–405

106th Congress

An Act

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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.

49 USC 70101

note.

Commerical

Space

Transportation

Competitiveness

Act of 2000.

49 USC 70101

note.

Nov. 1, 2000

[H.R. 2607]

114 STAT. 1752 PUBLIC LAW 106–405—NOV. 1, 2000

SEC. 3. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.

(a) AMENDMENT.—Section 70119 of title 49, United States Code,

is amended to read as follows:

‘‘§ 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 the 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 the

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

Deadline.

49 USC 70112

note.

Effective date.

49 USC 70113

note.

49 USC 70113.

Deadline.

PUBLIC LAW 106–405—NOV. 1, 2000 114 STAT. 1753

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,

10 USC 2281

note.

Federal Register,

publication.

Commerce

Business Daily,

publication.

Report.

Report.

114 STAT. 1754 PUBLIC LAW 106–405—NOV. 1, 2000

LEGISLATIVE HISTORY—H.R. 2607:

CONGRESSIONAL RECORD:

Vol. 145 (1999): Oct. 4, considered and passed House.

Vol. 146 (2000): Oct. 13, considered and passed Senate, amended.

Oct. 17, House concurred in Senate amendment.

Æ

including an Executive Secretariat to be housed at the Department

of Commerce.

Approved November 1, 2000.