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[106th Congress Public Law 405]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ405.106]

[[Page 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 <<NOTE: Nov. 1, 2000 -  [H.R. 2607]>> 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 <<NOTE: Commercial Space 
Transportation Competitiveness Act of 2000. 49 USC 70101 
note.>> assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. <<NOTE: 49 USC 70101 note.>> 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.

[[Page 114 STAT. 1752]]

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 <<NOTE: Deadline.>> 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 <<NOTE: 49 USC 70113.>> 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 <<NOTE: Effective date. 49 USC 70113 note.>> amendment made 
by subsection (a) takes effect on January 1, 2000.

SEC. 7. <<NOTE: 49 USC 70112 note.>> LIABILITY REGIME FOR COMMERCIAL 
            SPACE TRANSPORTATION.

    (a) Report Requirement.--Not later than <<NOTE: Deadline.>> 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

[[Page 114 STAT. 1753]]

risk-sharing regime in the United States for commercial space 
transportation.

    (b) Contents.--The <<NOTE: Report.>> 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 <<NOTE: Report.>> 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 <<NOTE: Commerce Business Daily, 
        publication.>> public, received as a result of notice in 
        Commerce Business Daily, the <<NOTE: Federal Register, 
        publication.>> Federal Register, and appropriate Federal agency 
        Internet websites.

SEC. 8. <<NOTE: 10 USC 2281 note.>> 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,

[[Page 114 STAT. 1754]]

including an Executive Secretariat to be housed at the Department of 
Commerce.

    Approved November 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.

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