Commercial Space Transportation Competitiveness Act of 2000
PL 106-405 (H.R.2607), enacted 11/01/2000

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 Commer-
cial Space Transportation, to authorize appropriations for the Office of Space 
Commerciahzation, 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 secu-
rity; 
(2) enactment of a 5-year extension of the excess third 
party claims pajonent 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 transpor-
tation 
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 Ofiice of the Associate Administrator for Commercial 
Space Transportation should continue to limit its promotional 
activities to those which support its regulatory mission. 
Nov. 1, 2000 
~iH.R. 2607] 
Commercial 
Space 
Transportation 
Competitiveness 
Act of 2000. 
49 u s e 70101 
note. 
49 u s e 70101 
note. 
114 STAT. 1752 
PUBLIC LAW 106-405—NOV. 1, 2000 
Deadline. 
49 u s e 70113. 
Effective date. 
49 u s e 70113 
note. 
49 u s e 70112 
note. 
Deadline. 
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 mate-
rials 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 COMMERCLVL SPACE TRANSPOR-
TATION. 
(a) REPORT REQUIREMENT.—Not later than 18 months after 
the date of the enactment of this Act, the Secretary of Transpor-
tation shall transmit to the Congress a report on the liability 
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 capabili-
ties; 
(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 Govern-
ment's indemnification policy to accommodate the risks associ-
ated 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 Administra-
tion; 
(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, 
Report. 
Repoii;. 
Commerce 
Business Daily, 
publication. 
Federal Register, 
publication. 
10 u s e 2281 
note. 
114 STAT. 1754 
PUBLIC LAW 106-405—NOV. 1, 2000 
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.