To promote the development of the emerging commercial human space flight industry, to extend the liability indemnification regime for the commercial space transportation industry, to authorize appropriations for the Office of the Associate Administrator for Commercial Space Transportation, and for other purposes.

February 3, 2004

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

March 1, 2004

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

To promote the development of the emerging commercial human spaceflight industry, to extend the liability indemnification regime for the commercial space transportation industry, to authorize appropriations for the Office of the Associate Administrator for Commercial Space Transportation, 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 Launch Amendments Act of 2004'.

SEC. 2. FINDINGS.

The Congress finds that--

(1) the goal of opening space to the American people and their private commercial, scientific, and cultural enterprises should guide Federal space investments, policies, and regulations;

(2) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space, and greater private investment in these efforts will stimulate the Nation's commercial space transportation industry as a whole;

(3) space transportation is inherently risky;

(4) a critical area of responsibility for the Office of the Associate Administrator for Commercial Space Transportation is to regulate the emerging commercial human space flight industry; and

(5) the public interest is served by creating a clear legal and regulatory regime for commercial human space flight.

SEC. 3. AMENDMENTS.

(a) Findings and Purposes- Section 70101 of title 49, United States Code, is amended--

(1) in subsection (a)(3), by inserting `human space flight,' after `microgravity research,'; and

(2) in subsection (a)(4)--

(A) by striking `satellite'; and

(B) by striking `services now available from' and inserting `capabilities of'.

(b) Definitions- Section 70102 of title 49, United States Code, is amended--

(1) by redesignating paragraphs (2) through (17) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (18), (21), and (22), respectively;

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

`(2) `crew' means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings.';

(3) in paragraph (4), as so redesignated by paragraph (1) of this subsection, by inserting `, crew, or space flight participant' after `any payload';

(4) in paragraph (6)(A), as so redesignated by paragraph (1) of this subsection, by striking `and payload' and inserting `, payload, crew (including crew training), or space flight participant';

(5) in paragraph (8)(A), as so redesignated by paragraph (1) of this subsection, by inserting `or human beings' after `place a payload';

(6) by inserting after paragraph (10), as so redesignated by paragraph (1) of this subsection, the following new paragraph:

`(11) `permit' means an experimental permit issued under section 70105.'.

(7) in paragraph (13), as so redesignated by paragraph (1) of this subsection, by inserting `crew, or space flight participants,' after `and its payload,';

(8) in paragraph (14)(A), as so redesignated by paragraph (1) of this subsection, by striking `and its payload' inserting `and payload, crew (including crew training), or space flight participant';

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

`(17) `space flight participant' means an individual, who is not crew, carried within a launch vehicle or reentry vehicle.';

(10) by inserting after paragraph (18), as so redesignated by paragraph (1) of this subsection, the following new paragraphs:

`(19) `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.

`(20) `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

(11) in paragraph (21), 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 `; or'; and

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

`(E) crew or space flight participants.'.

(c) Commercial Human Space Flight- (1) Section 70103(a) of title 49, United States Code, is amended by inserting `, through the Associate Administrator for Commercial Space Transportation,' after `Secretary of Transportation'.

(2) Section 70103(b)(1) of title 49, United States Code, is amended by inserting `, including those involving space flight participants' after `private sector'.

(3) Section 70104(a) of title 49, United States Code, is amended--

(A) by striking `License Requirement- A license issued or transferred under this chapter' and inserting `Requirement- A license issued or transferred under this chapter, or a permit,'; and

(B) by inserting after paragraph (4) the following:

`Notwithstanding this subsection, a permit shall not authorize a person to operate a launch site or reentry site.'.

(4) Section 70104(b) of title 49, United States Code, is amended by inserting `or permit' after `holder of a license'.

(5) The section heading of section 70105 of title 49, United States Code, is amended by striking `License Applications' and inserting `Applications', and the item relating to that section in the table of sections for chapter 701 of title 49, United States Code, is amended accordingly.

(6) Section 70105(a) of title 49, United States Code, is amended--

(A) by striking `Applications- ' and inserting `Licenses- ';

(B) in paragraph (1), by striking `subsection (b)(2)(D)' both places it appears and inserting `subsection (c)(2)(D)'; and

(C) in paragraph (2), by inserting `, including crews,' after `or personnel'.

(7) Section 70105 of title 49, United States Code, is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection:

`(b) Experimental Permits- (1) A person may apply to the Secretary of Transportation for an experimental permit under this subsection in the form and manner the Secretary prescribes. Consistent with the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 90 days after receiving an application pursuant to this subsection, shall issue a permit if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 60 days after receiving an application. The Secretary shall transmit to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 15 days after any occurrence when a permit is not issued within the deadline established by this subsection.

`(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel, including crews, that may be used in conducting commercial space launch or reentry activities pursuant to a permit.

`(3) In order to encourage the development of a commercial space flight industry, the Secretary, to the greatest extent practicable, shall when issuing permits use the authority granted under subsection (c)(2)(C).

`(4) The Secretary may issue a permit only for reusable suborbital rockets that will be launched or reentered solely for--

`(A) research and development to test new design concepts, new equipment, or new operating techniques;

`(B) showing compliance with requirements as part of the process for obtaining a license under this chapter; or

`(C) crew training prior to obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued.

`(5) Permits issued under this subsection shall--

`(A) authorize an unlimited number of launches and reentries for a particular suborbital rocket design for the uses described in paragraph (4); and

`(B) specify the modifications that may be made to the suborbital rocket without changing the design to an extent that would invalidate the permit.

`(6) Permits shall not be transferable.

`(7) A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design.

`(8) No person may operate a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire.

`(9) For the purposes of sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121 of this chapter--

`(A) a permit shall be considered a license;

`(B) the holder of a permit shall be considered a licensee;

`(C) a vehicle operating under a permit shall be considered to be licensed; and

`(D) the issuance of a permit shall be considered licensing.

This paragraph shall not be construed to allow the transfer of a permit.'.

(8) Section 70105(c)(1) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by inserting `or permit' after `for a license'.

(9) Section 70105(c)(2)(B) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by striking `an additional requirement' and inserting `any additional requirement'.

(10) Section 70105(c)(2)(C) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by inserting `or permit' after `for a license'.

(11) Section 70105(c)(2)(D) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by inserting `or permit' after `for a license'.

(12) Section 70105(c)(3) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended--

(A) by striking `, including the requirement to obtain a license,'; and

(B) by adding at the end the following: `Nothing in this paragraph shall be construed to allow the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.'.

(13) Section 70105(c) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by adding at the end the following new paragraphs:

`(4) The holder of a license or a permit under this chapter may launch or reenter crew only if--

`(A) the crew has received training and has satisfied medical or other standards specified in the license or permit in accordance with regulations promulgated by the Secretary; and

`(B) the holder of the license or permit and crew have complied with all requirements of the laws of the United States that apply to crew.

`(5) The holder of a license or a permit under this chapter may launch or reenter a space flight participant only if--

`(A) in accordance with regulations promulgated by the Secretary, the holder of the license or permit has informed the space flight participant in writing about the risks of the launch or reentry, including the safety record of the launch or reentry vehicle type, and the space flight participant has provided written informed consent to participation in the launch or reentry; and

`(B) the holder of the license or permit and space flight participant have complied with all requirements of the laws of the United States related to launching or reentering a space flight participant.'.

(14) Section 70105(d) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by inserting `or permit' after `of a license'.

(15) Section 70106(a) of title 49, United States Code, is amended--

(A) by inserting `at a site used for crew training,' after `assemble a launch vehicle or reentry vehicle,'; and

(B) by striking `section 70104(c)' and inserting `sections 70104(c) and 70105(c)(4)'.

(16) Section 70110(a)(1) of title 49, United States Code, is amended by striking `70105(a)' and inserting `70105'.

(17) Section 70112(b)(1) of title 49, United States Code, is amended--

(A) by inserting `crew, space flight participants,' after `its contractors, subcontractors,'; and

(B) by inserting `or by space flight participants,' after `its own employees,'.

(18) Section 70112(b)(2) of title 49, United States Code, is amended--

(A) by inserting `crew, space flight participants,' after `transferee, contractors, subcontractors,'; and

(B) by inserting `or by space flight participants,' after `its own employees,'.

(19) Section 70113(a) of title 49, United States Code, is amended by inserting `, but not against a space flight participant,' after `subcontractor of a customer,'.

(20) Section 70113(f) of title 49, United States Code, is amended by striking `December 31, 2004.' and inserting `December 31, 2007. This section does not apply to permits.'.

(21) Section 70115(b)(1)(D)(i) of title 49, United States Code, is amended by inserting `crew training site,' after `site of a launch vehicle or reentry vehicle,'.

(22) Section 70119 of title 49, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following:

`(1) such sums as may be necessary for fiscal year 2005;

`(2) such sums as may be necessary for fiscal year 2006; and

`(3) such sums as may be necessary for fiscal year 2007.'.

(23) Section 70120 of title 49, United States Code, is amended by adding at the end the following new subsections:

`(c) Amendments- Not later than 12 months after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary shall publish proposed regulations to carry out that Act, including regulations relating to crew, space flight participants, and permits for launch or reentry of reusable suborbital rockets. Not later than 18 months after such date of enactment, the Secretary shall issue final regulations.

`(d) Effective Date- (1) Licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board and permits may be issued by the Secretary prior to the issuance of the regulations described in subsection (c).

`(2) As soon as practicable after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary shall issue guidelines or advisory circulars to guide the implementation of that Act until regulations are issued.

`(3) Notwithstanding paragraphs (1) and (2), no licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board or permits may be issued starting three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004 unless the final regulations described in subsection (c) have been issued.'.

SEC. 4. STUDY ON THE GRADUAL ELIMINATION OF COMMERCIAL SPACE TRANSPORTATION LIABILITY RISK SHARING REGIME.

Not later than 60 days after the date of 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 of how best to gradually eliminate the liability risk sharing regime in the United States for commercial space transportation under section 70113 of title 49, United States Code. The study shall assess methods by which the liability risk sharing regime could be eliminated by 2008 or as soon as possible thereafter and the impact those methods would be likely to have on the commercial space transportation industry. The methods examined shall include incremental approaches.

SEC. 5. TECHNICAL AMENDMENT.

Section 102(c) of the Commercial Space Act of 1998 is repealed.

Union Calendar No. 247

Rule

To promote the development of the emerging commercial human space flight industry, to extend the liability indemnification regime for the commercial space transportation industry, to authorize appropriations for the Office of the Associate Administrator for Commercial Space Transportation, and for other purposes.

Rule

March 1, 2004

END