I

104TH CONGRESS

1ST SESSION H. R. 1737

To encourage the development of the commercial space industry by

establishing State-run spaceports, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 25, 1995

Mrs. SEASTRAND (for herself, Mr. BAKER of California, Mr. BILBRAY, Mr.

CALVERT, Mr. DOOLITTLE, Mr. HERGER, Mr. HUNTER, Mr. MOORHEAD,

Mr. POMBO, Mr. RADANOVICH, Mr. RIGGS, Mr. ROHRABACHER, Mr.

SKEEN, Mr. MCKEON, Mr. HORN, and Mr. GALLEGLY) introduced the

following bill; which was referred to the Committee on Science, and in

addition to the Committees on Transportation and Infrastructure and

Ways and Means, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To encourage the development of the commercial space industry by establishing State-run spaceports, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Spaceport

5 Act’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) spaceport development is a national eco4 nomic interest that should be pursued as part of a

5 national transportation policy;

6 (2) many nations around the world, including

7 France, China, Russia, Japan, Canada, and Aus8 tralia, have embarked on aggressive commercial

9 space development programs;

10 (3) the United States, once the leader in the

11 commercial space market, is in danger of falling be12 hind in the international commercial space market;

13 (4) the Government must clearly demonstrate

14 its commitment to support commercial space activity

15 in America, thereby encouraging greater financial

16 support from private industry;

17 (5) the United States must develop a long-term,

18 comprehensive, and aggressive policy to successfully

19 compete in the international commercial space mar20 ket, to return the United States to its position of

21 primary world supplier of launch services; and

22 (6) spaceport development is the key component

23 in this endeavor because it provides the final piece—

24 launch facilities—to the existing parts of the United

25 States commercial space market.
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1 SEC. 3. DEFINITION.

2 For purposes of this Act, the term ‘‘spaceport’’

3 means a space launch or recovery facility, or a supporting

4 educational or research facility providing space industry

5 worker training or commercial application research, des6 ignated by a State in an application approved under sec7 tion 5.

8 SEC. 4. NATIONAL SPACEPORT OFFICE.

9 (a) ESTABLISHMENT.—There is established within

10 the Department of Transportation a National Spaceport

11 Office.

12 (b) STAFF.—The National Spaceport Office shall

13 have a staff consisting of a director, 4 regional super14 visors, and not more than 5 additional support staff.

15 (c) DUTIES.—The National Spaceport Office shall—

16 (1) administer the application and assistance

17 program under section 5; and

18 (2) establish appropriate procedures for—

19 (A) the competitive awarding of grants

20 under section 5(b)(1); and

21 (B) the transfer of excess Federal property

22 to spaceports under section 5(b)(3), while en23 suring that the spaceport compensates the Fed24 eral Government for the Federal expenses of

25 operating facilities in connection with property

26 so transferred.
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1 SEC. 5. SPACEPORT ASSISTANCE.

2 (a) APPLICATION.—A State or State-designated en3 tity, including a nonprofit organization, desiring assist4 ance under this section shall submit an application to the

5 National Spaceport Office requesting specifically the Fed6 eral assistance sought and setting forth a comprehensive

7 plan for spaceport development, including the educational

8 components of such development.

9 (b) ASSISTANCE.—The National Spaceport Office

10 shall approve meritorious applications submitted under

11 subsection (a) and provide to the successful applicants as12 sistance, including—

13 (1) grants, to the extent of available funding

14 under section 9;

15 (2) the use of excess Federal launch, recovery,

16 launch vehicle, and support assets, consistent with

17 applicable international agreements, for educational

18 launches; and

19 (3) excess Federal property, including research

20 facilities, by transfer.

21 SEC. 6. TAX-EXEMPT BOND FINANCING FOR SPACEPORTS.

22 (a) IN GENERAL.—Subsection (a) of section 142 of

23 the Internal Revenue Code of 1986 (relating to exempt

24 facility bonds) is amended by striking ‘‘or’’ at the end of

25 paragraph (11), by striking the period at the end of para-
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1 graph (12) and inserting ‘‘, or’’, and by adding at the end

2 the following:

3 ‘‘(13) spaceports (as defined in section 3 of the

4 National Spaceport Act).’’

5 (b) TREATMENT COMPARABLE TO AIRPORTS.—

6 (1) Subparagraph (A) of section 142(b)(1) of

7 such Code is amended by striking ‘‘or (12)’’ and in8 serting ‘‘(12), or (13)’’.

9 (2) Subsection (c) of section 142 of such Code

10 is amended by striking ‘‘or (11)’’ each place it ap11 pears and inserting ‘‘(11), or (13)’’.

12 (3) Paragraph (3) of section 146(g) of such

13 Code is amended by striking ‘‘or (12)’’ and all that

14 follows and inserting ‘‘(12), or (13) of section

15 142(a), and’’.

16 (c) TREATMENT OF PROPERTY OWNED BY DES17 IGNATED TAX-EXEMPT ENTITIES.—Paragraph (1) of sec18 tion 142(b) of such Code is amended by adding at the

19 end the following new subparagraph:

20 ‘‘(C) SPACEPORT FACILITIES OWNED BY

21 DESIGNATED TAX-EXEMPT ENTITIES.—For pur22 poses of subparagraph (A), a spaceport shall be

23 treated as owned by a governmental unit if it

24 is owned by an entity which is exempt from tax

25 under section 501(a) and which is designated
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1 by the State in which the spaceport is located

2 to develop and operate the spaceport.’’

3 (d) EFFECTIVE DATE.—The amendments made by

4 this section shall apply to obligations issued after the date

5 of the enactment of this Act.

6 SEC. 7. APPLICABILITY OF OTHER LAW.

7 Except as otherwise provided in this Act, activities

8 of spaceports shall be subject to applicable provisions of

9 chapter 701 of title 49, United States Code, relating to

10 commercial space transportation.

11 SEC. 8. REGULATORY EXEMPTION.

12 The activities of the National Spaceport Office and

13 of spaceports shall not be subject to regulation by the Fed14 eral Government except as provided in—

15 (1) this Act;

16 (2) chapter 701 of title 49, United States Code;

17 and

18 (3) applicable laws relating to worker and work19 place safety.

20 SEC. 9. ANNUAL REPORT.

21 The director of the National Spaceport Office shall

22 annually transmit to the Congress a report on its activities

23 under this Act.
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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to the Sec3 retary of Transportation, out of the Airport and Airway

4 Trust Fund established under section 9502 of the Internal

5 Revenue Code of 1986 (26 U.S.C. 9502), for carrying out

6 this Act $20,000,000 for each of the fiscal years 1996

7 through 2000.

8 SEC. 11. TERMINATION OF NATIONAL SPACEPORT OFFICE.

9 The National Spaceport Office shall terminate on Oc10 tober 1, 2000.

Æ