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 Commerce, and for other purposes.

October 2, 2003

Mr. ROHRABACHER (for himself, Mr. GORDON, and Mr. HALL) introduced the following bill; which was referred to the Committee on Science

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 Commerce, 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 Act of 2003'.

SEC. 2. FINDINGS.

The Congress finds that--

(1) a prolonged and severe downturn in the market for commercial space launches has resulted in--

(A) a significant reduction in the United States global market share in orbital space launches;

(B) a severe decrease in the number of Government-licensed orbital launches; and

(C) a commercial space transportation industry dependent upon Government business opportunities;

(2) the continuous reduction of cost and improvement in safety and reliability of commercial space transportation capabilities is a necessary ingredient to achieving most United States space goals;

(3) the opening of outer space to the American people and their economic, scientific, and cultural enterprises is a priority goal which should guide Federal space investments, policy development, and regulatory action;

(4) despite a weak United States launch industry, recent industrial and technical developments indicate that commercial suborbital human spaceflight vehicles are under active development in both the United States and other nations, and greater private investment in these development efforts will promote greater innovation and competitiveness for the United States commercial space transportation industry as a whole;

(5) space transportation is not without risks;

(6) a critical area of responsibility for the Office of the Associate Administrator for Commercial Space Transportation is to ensure that the Federal regulation of this new commercial suborbital human spaceflight industry should focus on protecting the safety of the general, uninvolved public, while allowing involved persons to assume risks which are inherent to human spaceflight activities;

(7) enactment of a 3-year extension of the excess third party claims payment provision of chapter 701 of title 49, United States Code (Commercial Space Launch Activities) is necessary to provide an appropriate period to evaluate recommended changes to the Government's commercial space launch indemnification regime;

(8) the Secretary of Transportation should establish regulatory guidelines that foster an efficient and cost-effective process for ensuring safe commercial space launch operations at the Nation's launch ranges and bases; and

(9) the public interest is served by creating a clear legal and regulatory regime for commercial space transportation, including an unambiguous delineation of regulatory roles and responsibilities.

SEC. 3. AMENDMENTS.

(a) AUTHORIZATION OF APPROPRIATIONS FOR OFFICE OF COMMERCIAL SPACE TRANSPORTATION- Section 70119 of title 49, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following:

`(1) $11,523,000 for fiscal year 2004; and

`(2) $11,000,000 for fiscal year 2005.'.

(b) FINDINGS- Section 70101(a) of title 49, United States Code, is amended--

(1) in paragraph (3), by inserting `human spaceflight,' after `research,'; and

(2) in paragraph (4), by striking `satellite' and inserting `space', and by striking `services now available from' and inserting `capabilities of'.

(c) DEFINITIONS- Section 70102 of title 49, United States Code, is amended--

(1) by redesignating paragraphs (2) through (16) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (16), (19), and (20), respectively;

(2) by inserting after paragraph (1) the following new paragraph:

`(2) `crew' means an individual or individuals carried within a launch or reentry vehicle who performs a function necessary for the protection of public safety. ';

(3) in paragraph (9), as so redesignated by paragraph (1) of this subsection--

(A) by inserting `an individual or' after `means';

(B) by inserting `or return from' after `to place in'; and

(C) by striking `that object' and inserting `that individual or object';

(4) by inserting after paragraph (14), as so redesignated by paragraph (1) of this subsection, the following new paragraph:

`(15) `spaceflight participant' means an individual who is not crew carried within a launch or reentry vehicle during a launch or reentry.';

(5) by inserting after paragraph (16), as so redesignated by paragraph (1) of this subsection, the following new paragraphs:

`(17) `suborbital rocket' means a rocket-propelled vehicle intended for flight on a suborbital trajectory whose thrust is greater than its lift for the majority of the powered portion of its flight.

`(18) `suborbital trajectory' means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth.'; and

(6) in paragraph (19), as so redesignated by paragraph (1) of this subsection--

(A) by striking `or' at the end of subparagraph (C);

(B) by striking the period at the end of subparagraph (D) and inserting `; and'; and

(C) by adding at the end the following new subparagraph:

`(E) crew or spaceflight participants.'.

(d) COMMERCIAL HUMAN SPACEFLIGHT- (1) Section 70104 of title 49, United States Code, is amended--

(A) by redesignating subsection (c) as subsection (d); and

(B) by inserting after subsection (b) the following new subsection:

`(c) COMPLIANCE WITH SPACEFLIGHT PARTICIPANT REQUIREMENTS- The holder of a license under this chapter may launch or reenter a spaceflight participant only if--

`(1) the spaceflight participant has received training and met medical or other standards specified in the license;

`(2) the spaceflight participant is informed of the safety record of the launch or reentry vehicle type; and

`(3) the launch or reentry vehicle is marked in a manner specified by the Secretary of Transportation which identifies it as a launch or reentry vehicle rather than an aircraft.'.

(2) Section 70112(b)(1) of title 49, United States Code, is amended by striking `property damage or loss it sustains, or for personal injury to, death of, or property damage or loss sustained by its own employees' and inserting `personal injury, death, property damage, or loss it sustains, and for personal injury to, death of, or property damage or loss sustained by its own employees,'.

SEC. 4. REGULATORY FRAMEWORK.

The Secretary of Transportation shall take appropriate efforts, including realignment of personnel and resources, to create a streamlined, cost-effective, and enabling regulatory framework for the United States commercial human spaceflight industry. The Secretary of Transportation shall clearly distinguish the Department's regulation of air commerce from its regulation of commercial human spaceflight, and focus the Department's regulation of commercial human spaceflight activities on protecting the safety of the general public, while allowing spaceflight participants who have been trained and meet license-specific standards to assume an informed level of risk. Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Congress a report on the progress made in implementing this section.

SEC. 5. COMMERCIAL SPACE TRANSPORTATION INDEMNIFICATION EXTENSION.

Section 70113(f) of title 49, United States Code, is amended by striking `December 31, 2004' and inserting `December 31, 2007'.

SEC. 6. LIABILITY REGIME FOR COMMERCIAL SPACE TRANSPORTATION.

(a) APPLICATIONS- Not later than 60 days after the date of the enactment of this Act, the Secretary of Transportation shall enter into an appropriate arrangement with the National Academy of Public Administration to conduct a study on the liability risk-sharing regime in the United States for commercial space transportation. The study shall recommend modifications to the liability regime and characterization of actions required to implement those modifications. The study shall analyze the adequacy, propriety, and effectiveness of, and the need for, the current liability risk-sharing regime. The study shall specifically consider--

(1) other countries' regimes;

(2) the use of the designation of `ultra hazardous' for space transportation activities;

(3) relevant international treaties;

(4) impacts of reusable launch vehicles and spaceports; and

(5) the feasibility of airline-like liability regimes.

The study shall use a clearly described, analytical methodology to specify the factors used in evaluating the current regime and alternative approaches to the current regime. Estimates of impacts shall be quantified where possible.

(b) COMPLETION DATE- The results of the study described in subsection (a) shall be transmitted to the Congress not later than 18 months after the date of the enactment of this Act.

SEC. 7. OFFICE OF SPACE COMMERCE.

(a) REDESIGNATION- The Office of Space Commercialization established under section 8 of the Technology Administration Act of 1998 (15 U.S.C. 1511e) is redesignated as the Office of Space Commerce.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of Commerce for the Office of Space Commerce--

(1) $1,800,000 for fiscal year 2004; and

(2) $2,000,000 for fiscal year 2005.

SEC. 8. DELEGATION OF LICENSING AUTHORITY.

(a) DELEGATION- The Secretary of Commerce shall delegate the authority provided to the Secretary under title II of the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5621 et seq.) to the Director of the Office of Space Commerce.

(b) AMENDMENT- Section 8(c) of the Technology Administration Act of 1998 (15 U.S.C. 1511e(c)) is amended--

(1) by striking `and' at the end of paragraph (6);

(2) by striking the period at the end of paragraph (7) and inserting a semicolon; and

(3) by adding at the end the following:

`(8) licensing private sector parties to operate private remote sensing space systems; and

`(9) serving as the Executive Secretary for the Interagency Global Positioning System Executive Board.'.

END