[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2998 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2998

   To promote the development of the emerging commercial human space 
                flight industry, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2004

  Mr. Inhofe introduced the following bill; which was referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To promote the development of the emerging commercial human space 
                flight industry, 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. 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,'';
            (2) in subsection (a)(4)--
                    (A) by striking ``satellite''; and
                    (B) by striking ``services now available from'' and 
                inserting ``capabilities of'';
            (3) in subsection (a)(8), by striking ``and'' at the end;
            (4) in subsection (a)(9), by striking the period and 
        inserting a semicolon;
            (5) by adding at the end of subsection (a) the following 
        new paragraphs:
            ``(10) the goal of safely opening space to the American 
        people and their private commercial, scientific, and cultural 
        enterprises should guide Federal space investments, policies, 
        and regulations;
            ``(11) 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;
            ``(12) space transportation is inherently risky, and the 
        future of the commercial human space flight industry will 
        depend on its ability to continually improve its safety 
        performance;
            ``(13) a critical area of responsibility for the Department 
        of Transportation is to regulate the operations and safety of 
        the emerging commercial human space flight industry;
            ``(14) the public interest is served by creating a clear 
        legal, regulatory, and safety regime for commercial human space 
        flight; and
            ``(15) the regulatory standards governing human space 
        flight must evolve as the industry matures so that regulations 
        neither stifle technology development nor expose crew or space 
        flight participants to avoidable risks as the public comes to 
        expect greater safety for crew and space flight participants 
        from the industry.'';
            (6) in subsection (b)(2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by inserting ``and'' after the semicolon in 
                subparagraph (B); and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) promoting the continuous improvement of the 
                safety of launch vehicles designed to carry humans, 
                including through the issuance of regulations, to the 
                extent permitted by this chapter;''; and
            (7) in subsection (b)(3), by striking ``issue and 
        transfer'' and inserting ``issue permits and commercial 
        licenses and transfer''.
    (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) except in section 70104(c), `permit' means an 
        experimental permit issued under section 70105a.'';
            (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) unless and until regulations take effect under 
        section 70120(c)(2), `suborbital rocket' means a vehicle, 
        rocket-propelled in whole or in part, intended for flight on a 
        suborbital trajectory, and the thrust of which is greater than 
        its lift for the majority of the rocket-powered portion of its 
        ascent.
            ``(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(b)(1) of 
title 49, United States Code, is amended by inserting ``, including 
those involving space flight participants'' after ``private sector''.
    (2) Section 70103 of title 49, United States Code, is amended by 
redesignating subsection (c) as subsection (d), and by inserting after 
subsection (b) the following new subsection:
    ``(c) Safety.--In carrying out the responsibilities under 
subsection (b), the Secretary shall encourage, facilitate, and promote 
the continuous improvement of the safety of launch vehicles designed to 
carry humans, and the Secretary may, consistent with this chapter, 
promulgate regulations to carry out this subsection.''.
    (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) Section 70104 of title 49, United States Code, is amended by 
adding at the end the following new subsection:
    ``(d) Single License or Permit.--The Secretary of Transportation 
shall ensure that only 1 license or permit is required from the 
Department of Transportation to conduct activities involving crew or 
space flight participants, including launch and reentry, for which a 
license or permit is required under this chapter. The Secretary shall 
ensure that all Department of Transportation regulations relevant to 
the licensed or permitted activity are satisfied.''.
    (6) Section 70105(a) of title 49, United States Code, is amended--
            (A) in paragraph (1), by striking ``a license is not 
        issued'' and inserting ``the Secretary has not taken action on 
        a license application''; and
            (B) in paragraph (2), by inserting ``(including approval 
        procedures for the purpose of protecting the health and safety 
        of crews and space flight participants, to the extent permitted 
        by subsections (b) and (c))'' after ``or personnel''.
    (7) Section 70105(b)(1) of title 49, United States Code, is amended 
by inserting ``or permit'' after ``for a license''.
    (8) Section 70105(b)(2)(B) of title 49, United States Code, is 
amended by striking ``an additional requirement necessary to protect'' 
and inserting ``any additional requirement necessary to protect''.
    (9) Section 70105(b)(2)(C) of title 49, United States Code, is 
amended--
            (A) by inserting ``or permit'' after ``for a license''; and
            (B) by striking ``and'' at the end thereof.
    (10) Section 70105(b)(2) of title 49, United States Code, is 
amended by redesignating subparagraph (D) as subparagraph (E) and 
inserting after subparagraph (C) the following new subparagraph:
                    ``(D) additional license requirements, for a launch 
                vehicle carrying a human being for compensation or 
                hire, necessary to protect the health and safety of 
                crew or space flight participants, only if such 
                requirements are imposed pursuant to final regulations 
                issued in accordance with subsection (c); and''.
    (11) Section 70105(b)(2)(E) of title 49, United States Code, as so 
redesignated by paragraph (11) of this subsection, is amended by 
inserting ``or permit'' after ``for a license''.
    (12) Section 70105(b)(3) of title 49, United States Code, is 
amended by adding at the end the following: ``The Secretary may not 
grant a waiver under this paragraph that would permit 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(b) of title 49, United States Code, 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;
                    ``(B) the holder of the license or permit has 
                informed any individual serving as crew in writing, 
                prior to executing any contract or other arrangement to 
employ that individual (or, in the case of an individual already 
employed as of the date of enactment of the Commercial Space Launch 
Amendments Act of 2004, as early as possible, but in any event prior to 
any launch in which the individual will participate as crew), that the 
United States Government has not certified the launch vehicle as safe 
for carrying crew or space flight participants; and
                    ``(C) 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 and reentry, including the 
                safety record of the launch or reentry vehicle type, 
                and the Secretary has informed the space flight 
                participant in writing of any relevant information 
                related to risk or probable loss during each phase of 
                flight gathered by the Secretary in making the 
                determination required by section 70112(a)(2) and (c);
                    ``(B) the holder of the license or permit has 
                informed any space flight participant in writing, prior 
                to receiving any compensation from that space flight 
                participant or (in the case of a space flight 
                participant not providing compensation) otherwise 
                concluding any agreement to fly that space flight 
                participant, that the United States Government has not 
                certified the launch vehicle as safe for carrying crew 
                or space flight participants;
                    ``(C) in accordance with regulations promulgated by 
                the Secretary, the space flight participant has 
                provided written informed consent to participate in the 
                launch and reentry and written certification of 
                compliance with any regulations promulgated under 
                paragraph (6)(A); and
                    ``(D) the holder of the license or permit has 
                complied with any regulations promulgated by the 
                Secretary pursuant to paragraph (6).
            ``(6)(A) The Secretary may issue regulations requiring 
        space flight participants to undergo an appropriate physical 
        examination prior to a launch or reentry under this chapter. 
        This subparagraph shall cease to be in effect three years after 
        the date of enactment of the Commercial Space Launch Amendments 
        Act of 2004.
            ``(B) The Secretary may issue additional regulations 
        setting reasonable requirements for space flight participants, 
        including medical and training requirements. Such regulations 
        shall not be effective before the expiration of 3 years after 
        the date of enactment of the Commercial Space Launch Amendments 
        Act of 2004.''.
    (14) Section 70105 of title 49, United States Code, is amended by 
redesignating subsection (c) as subsection (d), and by adding after 
subsection (b) the following new subsection:
    ``(c) Safety Regulations.--(1) The Secretary may issue regulations 
governing the design or operation of a launch vehicle to protect the 
health and safety of crew and space flight participants.
    ``(2) Regulations issued under this subsection shall--
            ``(A) describe how such regulations would be applied when 
        the Secretary is determining whether to issue a license under 
        this chapter;
            ``(B) apply only to launches in which a vehicle will be 
        carrying a human being for compensation or hire;
            ``(C) be limited to restricting or prohibiting design 
        features or operating practices that--
                    ``(i) have resulted in a serious or fatal injury 
                (as defined in 49 CFR 830, as in effect on November 10, 
                2004) to crew or space flight participants during a 
                licensed or permitted commercial human space flight; or
                    ``(ii) contributed to an unplanned event or series 
                of events during a licensed or permitted commercial 
                human space flight that posed a high risk of causing a 
                serious or fatal injury (as defined in 49 CFR 830, as 
                in effect on November 10, 2004) to crew or space flight 
                participants; and
            ``(D) be issued with a description of the instance or 
        instances when the design feature or operating practice being 
        restricted or prohibited contributed to a result or event 
        described in subparagraph (C).
    ``(3) Beginning 8 years after the date of enactment of the 
Commercial Space Launch Amendments Act of 2004, the Secretary may 
propose regulations under this subsection without regard to paragraph 
(2)(C) and (D). Any such regulations shall take into consideration the 
evolving standards of safety in the commercial space flight industry.
    ``(4) Nothing in this subsection shall be construed to limit the 
authority of the Secretary to issue requirements or regulations to 
protect the public health and safety, safety of property, national 
security interests, and foreign policy interests of the United 
States.''.
    (15) Section 70105(d) of title 49, United States Code, as so 
redesignated by paragraph (15) of this subsection, is amended by 
inserting ``or permit'' after ``of a license''.
    (16) Chapter 701 of title 49, United States Code, is amended by 
inserting after section 70105 the following new section:
``Sec. 70105a. Experimental permits
    ``(a) A person may apply to the Secretary of Transportation for an 
experimental permit under this section in the form and manner the 
Secretary prescribes. Consistent with the protection of the public 
health and safety, safety of property, and national security and 
foreign policy interests of the United States, the Secretary, not later 
than 120 days after receiving an application pursuant to this section, 
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 90 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 the Secretary has 
failed to act on a permit within the deadline established by this 
section.
    ``(b) In carrying out subsection (a), the Secretary may establish 
procedures for safety approvals of launch vehicles, reentry vehicles, 
safety systems, processes, services, or personnel that may be used in 
conducting commercial space launch or reentry activities pursuant to a 
permit.
    ``(c) In order to encourage the development of a commercial space 
flight industry, the Secretary may when issuing permits use the 
authority granted under section 70105(b)(2)(C).
    ``(d) The Secretary may issue a permit only for reusable suborbital 
rockets that will be launched or reentered solely for--
            ``(1) research and development to test new design concepts, 
        new equipment, or new operating techniques;
            ``(2) showing compliance with requirements as part of the 
        process for obtaining a license under this chapter; or
            ``(3) 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.
    ``(e) Permits issued under this section shall--
            ``(1) authorize an unlimited number of launches and 
        reentries for a particular suborbital rocket design for the 
        uses described in subsection (d); and
            ``(2) specify the type of modifications that may be made to 
        the suborbital rocket without changing the design to an extent 
        that would invalidate the permit.
    ``(f) Permits shall not be transferable.
    ``(g) 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.
    ``(h) No person may operate a reusable suborbital rocket under a 
permit for carrying any property or human being for compensation or 
hire.
    ``(i) For the purposes of sections 70106, 70107, 70108, 70109, 
70110, 70112, 70115, 70116, 70117, and 70121 of this chapter--
            ``(1) a permit shall be considered a license;
            ``(2) the holder of a permit shall be considered a 
        licensee;
            ``(3) a vehicle operating under a permit shall be 
        considered to be licensed; and
            ``(4) the issuance of a permit shall be considered 
        licensing.
    This subsection shall not be construed to allow the transfer of a 
permit.''.
    (17) Section 70106(a) of title 49, United States Code, is amended--
            (A) by inserting ``at a site used for crew or space flight 
        participant training,'' after ``assemble a launch vehicle or 
        reentry vehicle,''; and
            (B) by striking ``section 70104(c)'' and inserting 
        ``sections 70104(c), 70105, and 70105a''.
    (18) Section 70107(b) of title 49, United States Code, is amended--
            (A) by inserting ``(1)'' before ``On the initiative''; and
            (B) by adding the following new paragraph at the end:
            ``(2) The Secretary shall modify a license issued or 
        transferred under this chapter whenever a modification is 
        needed for the license to be in conformity with a regulation 
        that was issued pursuant to section 70105(c) after the issuance 
        of the license. This paragraph shall not apply to permits.''.
    (19) Section 70107 of title 49, United States Code, is amended by 
redesignating subsections (d) and (e) as subsections (e) and (f), 
respectively, and by inserting after subsection (c) the following new 
subsection:
    ``(d) Additional Suspensions.--(1) The Secretary may suspend a 
license when a previous launch or reentry under the license has 
resulted in a serious or fatal injury (as defined in 49 CFR 830, as in 
effect on November 10, 2004) to crew or space flight participants and 
the Secretary has determined that continued operations under the 
license are likely to cause additional serious or fatal injury (as 
defined in 49 CFR 830, as in effect on November 10, 2004) to crew or 
space flight participants.
    ``(2) Any suspension imposed under this subsection shall be for as 
brief a period as possible and, in any event, shall cease when the 
Secretary--
            ``(A) has determined that the licensee has taken sufficient 
        steps to reduce the likelihood of a recurrence of the serious 
        or fatal injury; or
            ``(B) has modified the license pursuant to subsection (b) 
        to sufficiently reduce the likelihood of a recurrence of the 
        serious or fatal injury.
    ``(3) This subsection shall not apply to permits.''.
    (20) Section 70110(a)(1) of title 49, United States Code, is 
amended by inserting ``or 70105a'' after ``70105(a)''.
    (21) 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''.
    (22) Section 70113(a)(1) of title 49, United States Code, is 
amended by inserting ``but not against a space flight participant,'' 
after ``subcontractor of a customer,''.
    (23) Section 70113(f) of title 49, United States Code, is amended 
by inserting at the end the following: ``This section does not apply to 
permits.''.
    (24) Section 70115(b)(1)(D)(i) of title 49, United States Code, is 
amended by inserting ``crew or space flight participant training 
site,'' after ``site of a launch vehicle or reentry vehicle,''.
    (25) Section 70120 of title 49, United States Code, is amended by 
adding at the end the following new subsections:
    ``(c) Amendments.--(1) 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.
    ``(2)(A) Starting 3 years after the date of enactment of the 
Commercial Space Launch Amendments Act of 2004, the Secretary may issue 
final regulations changing the definition of suborbital rocket under 
this chapter. No such regulation may take effect until 180 days after 
the Secretary has submitted the regulation to the Congress.
    ``(B) The Secretary may issue regulations under this paragraph only 
if the Secretary has determined that the definition in section 70102 
does not describe, or will not continue to describe, all appropriate 
vehicles and only those vehicles. In making that determination, the 
Secretary shall take into account the evolving nature of the commercial 
space launch industry.
    ``(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.''.
    (26) The table of sections for chapter 701 of title 49, United 
States Code, is amended by inserting after the item relating to 70105 
the following new item:

``70105a. Experimental permits.''.

SEC. 3. STUDIES.

    (a) Risk Sharing.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of Transportation shall enter into 
an arrangement with a nonprofit entity for the conduct of an 
independent comprehensive study of the liability risk sharing regime in 
the United States for commercial space transportation under section 
70113 of title 49, United States Code. To ensure that Congress has a 
full analysis of the liability risk sharing regime, the study shall 
assess methods by which the current system could be eliminated, 
including an estimate of the time required to implement each of the 
methods assessed. The study shall assess whether any alternative steps 
would be needed to maintain a viable and competitive United States 
space transportation industry if the current regime were eliminated. In 
conducting the assessment under this subsection, input from commercial 
space transportation insurance experts shall be sought. The study also 
shall examine liability risk sharing in other nations with commercial 
launch capability and evaluate the direct and indirect impact that 
ending this regime would have on the competitiveness of the United 
States commercial space launch industry in relation to foreign 
commercial launch providers and on United States assured access to 
space.
    (b) Safety.--The Secretary of Transportation, in consultation with 
the Administrator of the National Aeronautics and Space Administration, 
shall enter into an arrangement with a nonprofit entity for a report 
analyzing safety issues related to launching human beings into space. 
In designing the study, the Secretary should take into account any 
recommendations from the Commercial Space Transportation Advisory 
Committee and the National Aeronautics and Space Administration's 
Aerospace Safety Advisory Panel. The report shall be submitted to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Science within 4 years of the date of 
enactment of this Act. The report shall analyze and make 
recommendations about--
            (1) the standards of safety and concepts of operation that 
        should guide the regulation of human space flight and whether 
        the standard of safety should vary by class or type of vehicle, 
        the purpose of flight, or other considerations;
            (2) the effectiveness of the commercial licensing and 
        permitting regime under chapter 701 of title 49, United States 
        Code, particularly in ensuring the safety of the public and of 
        crew and space flight participants during launch, in-space 
        transit, orbit, and reentry, and whether any changes are needed 
        to that chapter;
            (3) whether there is a need for commercial ground 
        operations for commercial space flight, including provision of 
        launch support, launch and reentry control, mission control, 
        range operations, and communications and telemetry operations 
        through all phases of flight, and if such operations developed, 
        whether and how they should be regulated;
            (4) whether expendable and reusable launch and reentry 
        vehicles should be regulated differently from each other, and 
        whether either of those vehicles should be regulated 
        differently when carrying human beings;
            (5) whether the Federal Government should separate the 
        promotion of human space flight from the regulation of such 
        activity;
            (6) how third parties could be used to evaluate the 
        qualification and acceptance of new human space flight vehicles 
        prior to their operation;
            (7) how nongovernment experts could participate more fully 
        in setting standards and developing regulations concerning 
        human space flight safety; and
            (8) whether the Federal Government should regulate the 
        extent of foreign ownership or control of human space flight 
        companies operating or incorporated in the United States.

SEC. 4. TECHNICAL AMENDMENT.

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