[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[House]
[Pages 3388-3393]
[From the U.S. Government Publishing Office, www.gpo.gov]




             COMMERCIAL SPACE LAUNCH AMENDMENTS ACT OF 2004

  The SPEAKER pro tempore (Mr. Boehner). Pursuant to House Resolution 
546 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the State of the Union for the consideration of the 
bill, H.R. 3752.

                              {time}  1155


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 3752) 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, with Mr. 
LaTourette in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from New York (Mr. Boehlert) and the 
gentleman from Tennessee (Mr. Gordon) each will control 30 minutes.
  The Chair recognizes the gentleman from New York (Mr. Boehlert).
  Mr. BOEHLERT. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, let me begin by thanking the gentleman from California 
(Mr. Rohrabacher), the chairman of our Subcommittee on Space and 
Aeronautics, for introducing this measure, for continually pressing for 
its passage, and for working so cooperatively with us while crafting 
it. He has single-handedly made this a priority issue for the entire 
committee.
  I have to admit, when the gentleman from California (Mr. Rohrabacher) 
first came forward with the idea for this bill, I thought the notion 
was, well, a little flighty. But through our hearings and other work on 
this bill, I have come to see this as one of the most important 
measures this committee will move this year. Let me tell you why. This 
is about a lot more than joyrides in space, although there is nothing 
wrong with such an enterprise. This is about the future of the U.S. 
aerospace industry.
  As in most areas of American enterprise, the greatest innovations in 
aerospace are most likely to come from small entrepreneurs. This is 
true whether we are talking about launching humans or cargo. The goal 
of this bill is to promote robust experimentation, to make sure that 
entrepreneurs and inventors have the incentives and the capabilities 
they need to pursue their ideas. That is important to our Nation's 
future.
  Those entrepreneurs, the kinds of folks who are inventing new rockets 
for cargo and who are endowing and competing for the X Prize, are doing 
our Nation a tremendous service; and, I should add, they also seem to 
be enjoying themselves. That is a winning combination.
  So what do these people need from us? The simplistic answer is they 
just need government to get out of the way. But, as usual, the truth is 
a little more complex. The innovators need and are seeking a government 
regulatory regime that will provide predictability, a regime that can 
offer stability and support to help them attract private capital; and 
the general public needs such a regime as well to ensure that the 
public at large faces no undo health or safety risk from any flights. 
In short, this industry requires government regulation, but not so much 
regulation as to stifle it.
  This bill, which has been painstakingly negotiated with all 
interested parties, strikes the proper balance. It recognizes the 
industry's need to experiment. Indeed, it creates a new regulatory 
instrument to encourage that experimentation, while recognizing the 
obligation to protect the crew and the general public.
  I should add, since I know that the gentleman from Arizona (Mr. 
Flake) will bring this issue up a little later, that this regulation 
can be provided without any increase in the budget of the Federal 
Aviation Administration. That bears repeating: without any increase in 
the budget of the Federal Aviation Administration.
  We will be accepting the amendment of the gentleman from Arizona (Mr. 
Flake). I would note that the Congressional Budget Office reached the 
same conclusion, that no additional funding is needed to carry out this 
bill.
  I should also add that under this bill the government will go beyond 
creating a stable environment for these entrepreneurs. The bill extends 
the existing provision of law under which the government indemnifies 
the companies undertaking these flights for set amounts and purposes. 
In keeping with

[[Page 3389]]

past congressional practice, we are extending indemnification 
temporarily for 3 years, in this case; and we are also asking for a 
study to determine how to end indemnification without harming the 
industry. I do not think the government should be taking on the risk of 
this enterprise forever.
  So this is a very fair, balanced, carefully crafted bill that will 
help a budding industry and protect the public. The result, over time, 
should be the development of new ideas and ways to take humans into 
space on sub-orbital rockets.

                              {time}  1200

  We are still a long way off from making rockets common carriers like 
airplanes, but we need to promote the experimental work. I want to 
thank the gentleman from Alaska (Mr. Young) of the Committee on 
Transportation and Infrastructure for working with us on the 
jurisdictional issues that the bill presented. I also want to thank the 
staff who worked on this bill, particularly one of our new staffers, 
Tim Hughes, who has become an expert in this area of law. I wish to 
thank both sides of the aisle, Democrats under the gentleman from 
Tennessee (Mr. Gordon), my fellow Republicans under me, for working so 
cooperatively for so long to bring forward a product that results in 
encouragement for a budding industry and gives optimism as we look to 
the future. I urge my colleagues to support this bill.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GORDON. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I want to speak in support of H.R. 3752, the Commercial 
Space Launch Amendment Act of 2004. The gentleman from California (Mr. 
Rohrabacher) is to be congratulated for his efforts on this bill and I 
am pleased to be an original cosponsor.
  The main provisions of the bill have already been described so I will 
not take time to discuss them further at this point. Instead, I would 
just like to make the following observations:
  First, the basic purpose of the bill is to establish a framework for 
regulating the commercial human space flight industry. We have ample 
testimony that such a framework is needed if the companies are to make 
their plans and attract needed capital. I believe that this bill 
addresses that need in a practical and balanced manner.
  Second, we are talking about an emerging industry. No one has yet 
flown a private passenger-carrying space vehicle, and we are far from 
knowing how the market for such a launch service will develop. As a 
result, we may need to revisit some of the issues covered by this 
legislation after we have accumulated some actual experience with 
commercial operations. Yet that reality should not prevent us from 
taking the steps that are included in this bill to provide at least an 
initial regulatory framework.
  Third, while I believe this is a good bill, I think there are still 
some areas that could be improved. The gentleman from New York (Mr. 
Boehlert) and I intend to offer a joint managers' amendment that will 
deal with several of them, and I hope that Members will join us in 
supporting that amendment.
  Other issues will warrant further discussion over the coming weeks. 
For example, I do not believe that the testimony and studies received 
by the Committee on Science over the last several years agree with the 
bill's bias towards eliminating the existing liability indemnification 
regime, and I hope that we will revisit that issue when we are in 
conference on this legislation with the Senate.
  Mr. Chairman, H.R. 3752 was reported out of the Committee on Science 
on a bipartisan basis. I urge my colleagues to support my bill when it 
comes up for a vote.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BOEHLERT. Mr. Chairman, I yield such time as he may consume to 
the gentleman from California (Mr. Rohrabacher), the distinguished 
chairman of the Subcommittee on Space and Aeronautics, the driver 
behind this legislation.
  Mr. ROHRABACHER. Mr. Chairman, I would like to thank the gentleman 
from New York (Mr. Boehlert) for all his help and energy and creativity 
and that of his staff as well. We have worked long and hard on this and 
I am very happy that it is coming to fruition today. I would also like 
to thank my colleagues on the other side of the aisle who have been 
working on this with us in a great spirit of bipartisanship and love of 
country and love of technology and innovation.
  Mr. Chairman, the Commercial Space Launch Amendment Act of 2004 
represents the fruit of a long and thorough analysis of the commercial 
human space flight industry beginning in July with a joint House-Senate 
hearing on this subject, a Subcommittee on Space and Aeronautics 
markup, a policy roundtable with experts in the commercial space 
transportation industry late last year, and a full committee markup 
early in February. So we have been through the rings on this particular 
piece of legislation.
  The bill before us today, H.R. 3752, creates a clear and balanced 
regulatory regime to govern the emerging commercial human space flight 
industry. It is my sincere hope that this bill will encourage 
individuals like Burt Rutan and others to continue leading the way in 
pushing the boundaries of technology and safety by building and flight 
testing hardware, something NASA has yet to do.
  This fine piece of legislation carries forward my goal of promoting 
this new industry and cutting back bureaucratic red tape while 
protecting public health and safety.
  H.R. 3752 eliminates confusion as to who regulates reusable 
suborbital rockets by directing a regulatory regime for licensing 
commercial human space flight activities to be established under the 
jurisdiction of the FAA's Office of Commercial Space Transportation.
  The bill makes it easier for entrepreneurs to launch new types of 
reusable suborbital rockets by directing the Secretary of 
Transportation to create experimental flight permits, which are 
separate and distinct from existing commercial launch licenses.
  H.R. 3752 also extends the existing commercial space transportation 
indemnification regime by 3 years, as the chairman noted, through 
December 31, 2007, and calls for a study in determining how best to 
gradually eliminate the indemnification regime for the commercial space 
transportation industry by 2008. Overall, the bill will help get this 
new industry on its way and on its feet and give the existing space 
launch industry more time to grow.
  Let me note that in the past we have seen spin-offs from the 
Department of Defense helping people in the private sector and the 
commercial sector do their business, whether it is GPS satellites or 
whatever type of technology that was developed over with the DOD in 
order to help our national security meet those needs. We have seen 
those spin-offs come to the private sector and help us commercially. I 
think today that this piece of legislation will launch a new industry 
where we will see the commercial industry developing technologies that 
will have spin-offs for the Department of Defense. The spin-offs are 
going to start going in the other direction where our great space 
entrepreneurs like Rutan and others are going to be developing 
aerospace technologies that can be put to use in our national security 
while they are developing them originally for use in the commercial and 
private sector.
  It is this type of cooperation that should be going on and we should 
be encouraging it in both directions. That is what this bill does. I 
would like to thank the gentleman from New York (Mr. Boehlert) again 
and the industry, my colleagues on the other side of the aisle, the 
ranking member, the gentleman from Tennessee (Mr. Gordon) and the FAA 
for their help in developing the bill. Their tremendous efforts will 
ensure that the regulatory barriers do not hinder the promises and 
potential of commercial human space flight and all the potential it 
holds for our Nation.
  I urge my colleagues to vote for H.R. 3752.
  Mr. BOEHLERT. Mr. Chairman, I yield such time as he may consume to 
the gentleman from Oklahoma (Mr. Lucas) for the purposes of a colloquy.

[[Page 3390]]


  Mr. LUCAS of Oklahoma. Mr. Chairman, I appreciate the gentleman from 
New York (Mr. Boehlert) and the gentleman from Tennessee (Mr. Gordon) 
bringing this important bill to the floor, because the emerging 
commercial human space flight industry presents tremendous 
opportunities for my State of Oklahoma and our Nation as a whole. I am 
particularly appreciative of this bill's intent to ease the regulatory 
burdens for entrepreneurs who are developing new suborbital reusable 
launch vehicles.
  Mr. BOEHLERT. Mr. Chairman, will the gentleman yield?
  Mr. LUCAS of Oklahoma. I yield to the gentleman from New York.
  Mr. BOEHLERT. Mr. Chairman, I thank the gentleman for his kind words. 
He is correct in stating that this legislation seeks to put in place 
sufficient Federal regulation to protect the general public while also 
promoting this important new industry.
  Mr. LUCAS of Oklahoma. As you know, Mr. Chairman, some suborbital 
reusable launch vehicles that will be used in commercial human space 
flight activities may have some attributes normally associated with 
airplanes as well as many attributes of rockets. My hope is that such 
hybrid vehicles would not have to be regulated under two separate 
regimes. What are the chairman's views on this matter?
  Mr. BOEHLERT. I thank the gentleman for that question.
  This is a very important issue on which we have worked extensively 
with industry and the executive branch in developing this bill. As 
currently drafted, H.R. 3752 incorporates definitions promulgated by 
the Federal Aviation Administration to distinguish between suborbital 
rockets, which are under the jurisdiction of FAA's Associate 
Administrator for Commercial Space Transport, and other aerospace 
vehicles which are regulated by another part of the FAA. That said, I 
would be happy to keep working with the gentleman from Oklahoma (Mr. 
Lucas) and other interested parties as the bill moves forward to 
revisit the important issue of how best to regulate hybrid vehicles 
that are engaged in commercial human space flight.
  Mr. LUCAS of Oklahoma. I thank the chairman and I look forward to 
continuing to work with him and our colleagues in the other body to see 
if we can create a single regime for hybrid commercial space flight 
vehicles.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in support of the 
Commercial Space Launch Amendments Act. I would like to commend my 
colleague from California for his leadership, encouraging interest and 
activity in space exploration. I also commend Ranking Member Bart 
Gordon and the new Ranking Member of the Space Subcommittee Nick 
Lampson of Houston, for helping make this important bill much better.
  Commercial space flight is at a crossroads--as is our federal space 
exploration mission at NASA. Space tourism could revolutionize the 
human experience and could potentially become billion-dollar industry, 
creating numerous jobs in high-tech manufacturing and design. I believe 
that that will indeed happen someday, although I would not go out on a 
limb and predict whether it will be in two decades, or two centuries. 
But I do believe that mankind's natural curiosity and hunger for 
excitement will ultimately enable us to break through the gravitational 
bond that holds us to the surface of this planet. And I am confident 
that the American spirit will allow United States companies and 
scientists and explorers to be on the forefront of that great endeavor.
  As those companies develop, they may also come to play a more 
integral role in complementing the NASA mission--allowing NASA to focus 
on cutting edge exploration, while they fulfill the more-mundane heavy 
lifting and transport functions. This could be extremely valuable and 
cost-effective.
  The question before us though, is ``What should be the role of the 
federal government in the development of commercial space flight?'' I 
have always been a great supporter of the NASA mission, and its non-
commercial manned and unmanned exploration of space. I feel the search 
for knowledge and understanding in this universe is noble and 
worthwhile. I believe that the NASA mission inspires our children to 
excel in the sciences and math, and thus helps stimulate the 
development of American leaders in technology. And NASA is a source of 
discovery and innovation that drives our economy and development. All 
of these things make NASA well worth strong federal investment.
  Commercial space activity is often associated with space tourism--a 
potential thrill for the multi-millionaires of this world. I have no 
problem with that. But if that is all that industry is, an expensive 
amusement ride, then perhaps the federal government should limit its 
role to issuing safety guidelines and regulations for liability 
insurance requirements and waivers and then let the private sector do 
the rest.
  But if this industry has the potential to be a huge source of jobs 
and revenues in the United States, or if there can be some fruitful 
collaboration with NASA, helping in education and science, or training 
of astronauts, or tech development--perhaps more federal financial 
investment would be appropriate.
  These are the questions we have been grappling with in the Science 
Committee over the past year. Regardless of the answer, the fact is 
that this industry is at a crossroads, and it is time that we in 
Congress make it clear what the federal role shall be, whether we will 
obstruct their development, help drive this industry, or simply get out 
of the way.
  H.R. 3752 makes great progress in defining the federal role for 
commercial space launch, and encouraging this industry to get off the 
ground, if you'll pardon the expression.
  This Act will establish a framework for regulating the emerging 
commercial human space flight industry, giving the responsibility to 
FAA's Office of Commercial Space Transportation, which currently 
licenses unmanned expendable launch vehicles that put commercial 
satellites into orbit. It also creates a ``permit'' system to 
facilitate experimental test flights of new vehicles, while retaining a 
full licensing system for operational systems. H.R. 3752 will also 
extend the existing liability indemnification regime for the commercial 
space transportation industry for another three years and require a 
study of how to ultimately phase out that temporary regime.
  These are prudent steps, worked out in a bipartisan way in the Space 
Subcommittee and the whole Committee. I support this approach, and will 
vote for this bill.
  However, space flight is intrinsically risky, and we must make safety 
our primary consideration. We do not want a burgeoning space industry 
to follow the example NASA has set of late--and make safety an 
afterthought. I have been calling for a change in the culture at NASA, 
to one of openness and commitment to the well being of our spacecraft 
and crews. We must ensure that such a philosophy is adhered to in the 
private space sector as well.
  I have authored two bills that I will introduce soon, to make NASA 
safer. One will protect employees from retaliation by managers when 
they come forward and bring to light safety problems that could lead to 
the loss of a NASA spacecraft or the lives of crewmembers. These worker 
protections would also extent to contractors for NASA. I hope in the 
future to work with the FAA, to ensure that such protections are in 
place in the commercial space industry.
  First, we will need to pass this bill, and start putting the 
regulatory structure in place. I support the bill and urge my 
colleagues to do the same.
  Mr. GORDON. Mr. Chairman, I have no further speakers, and I yield 
back the balance of my time.
  Mr. BOEHLERT. Mr. Chairman, I have no further speakers, and I yield 
back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the bill is considered read for amendment under 
the 5-minute rule.
  The text of H.R. 3752 is as follows:

                                H.R. 3752

       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.

[[Page 3391]]



     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

[[Page 3392]]

     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.

  The CHAIRMAN. No amendment to the bill shall be in order except those 
printed in the designated place in the Congressional Record and pro 
forma amendments for the purpose of debate. Amendments printed in the 
Record may be offered only by the Member who caused it to be printed or 
his designee and shall be considered read.
  Are there any amendments to the bill?


                Amendment No. 1 Offered by Mr. Boehlert

  Mr. BOEHLERT. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Boehlert:
       In section 3(c)(5), strike ``by striking'' and all that 
     follows through ``, and the item'' and insert ``by striking 
     `License applications' and inserting `Applications', and the 
     item''.
       In section 3(c)(12), strike ``is amended'' and all that 
     follows through ``by adding'' and insert ``is amended by 
     adding''.
       In section 3(c)(17)--
       (1) in subparagraph (A)--
       (A) strike ``crew,''; and
       (B) strike ``and'';
       (2) in subparagraph (B), strike ``employees,'.'' and insert 
     ``employees'; and''; and
       (3) add at the end the following new subparagraph:
       (C) by adding at the end the following: ``The requirement 
     for space flight participants to make a reciprocal waiver of 
     claims with the licensee or transferee shall expire 3 years 
     after the first licensed launch of a launch vehicle carrying 
     a space flight participant.''.
       In section 3(c)(18)(B), strike ``employees,'' and insert 
     ``employees''.
       In section 3(c)(19)--
       (1) insert ``(1)'' after ``70113(a)''; and
       (2) strike ``, but not'' and insert ``but not''.

  Mr. BOEHLERT. Mr. Chairman, I rise to support my amendment. I am 
offering this amendment on behalf of myself and the gentleman from 
Tennessee (Mr. Gordon). This is a straightforward managers' amendment.
  The amendment makes technical changes to the bill. It also creates 
one inadvertent but substantive drafting error. Correcting the bill 
will make it clear that the Federal Aviation Administration retains its 
current authority to waive the requirements to obtain a license, while 
also making it clear that that authority does not extend to flights 
that carry humans.
  Finally, the amendment removes the requirement that crews sign 
reciprocal waivers of liability. This amendment is not controversial. 
It is bipartisan, and I urge its adoption.
  Mr. GORDON. Mr. Chairman, I rise in support of the amendment.
  The gentleman from New York (Mr. Boehlert) has already described the 
amendment so I will not repeat his explanation. I will simply say that 
I believe our amendment makes a good bill better. It makes certain 
necessary technical corrections. However, more importantly, it ensures 
that employee rights will be protected in the case of an accident or 
other major incident, and it provides a sunset on the bill's treatment 
of the passengers of these new commercial spacecraft looking towards 
the day when such flights will become relatively routine.
  Mr. Chairman, I believe that our amendment is noncontroversial, and I 
urge my colleagues to support it.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from New York (Mr. Boehlert).
  The amendment was agreed to.


                  Amendment No. 2 Offered by Mr. Flake

  Mr. FLAKE. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Flake:
       In section 3(c)(22), in each of the proposed paragraphs 
     (1), (2), and (3), strike ``such sums as may be necessary'' 
     and insert ``$11,776,000''.

  Mr. FLAKE. Mr. Chairman, I rise today to offer an amendment to H.R. 
3752. My amendment holds current funding for commercial space 
activities within FAA for the next 3 years. Current language of the 
bill authorizes such sums as necessary for the next 3 years. My 
amendment specifies $11.8 million authorization level each year for the 
next 3 years. This is the same level appropriated for 2004.

[[Page 3393]]

  I believe that by holding funding at current levels Congress will be 
able to monitor space tourism and other commercial space activities. If 
demand for these activities does in fact rise over the next couple of 
years, Congress will be able to revisit the issue as needed.
  In a time of large deficits this amendment will show that Congress is 
getting serious about holding the line on nondefense, nonhomeland 
security spending.
  Mr. BOEHLERT. Mr. Chairman, will the gentleman yield?
  Mr. FLAKE. I yield to the gentleman from New York.
  Mr. BOEHLERT. Mr. Chairman, I am pleased to accept the amendment. We 
accept the rationale and the intent and we are pleased to accept this 
amendment.
  Mr. FLAKE. I thank the Chairman.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The amendment was agreed to.
  The CHAIRMAN. There being no further amendments in order, under the 
rule, the Committee rises.

                              {time}  1215

  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Latham) having assumed the chair, Mr. LaTourette, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 3752) 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, pursuant to House Resolution 
546, he reported the bill back to the House with sundry amendments 
adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. BOEHLERT. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  This will be a 15-minute vote followed by two 5-minute votes on 
motions to suspend the rules.
  The vote was taken by electronic device, and there were--yeas 402, 
nays 1, not voting 30, as follows:

                             [Roll No. 39]

                               YEAS--402

     Abercrombie
     Ackerman
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballance
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bereuter
     Berkley
     Berman
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Clyburn
     Coble
     Cole
     Collins
     Conyers
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinchey
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     Kingston
     Kirk
     Kline
     Knollenberg
     LaHood
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Wexler
     Wicker
     Wilson (NM)
     Wilson (SC)
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--1

      
     Paul
      

                             NOT VOTING--30

     Aderholt
     Bell
     Berry
     Blunt
     Calvert
     Culberson
     Cummings
     Davis (IL)
     Doggett
     Dooley (CA)
     Engel
     Gerlach
     Hinojosa
     Hooley (OR)
     Houghton
     Isakson
     Kennedy (RI)
     King (NY)
     Kleczka
     Kolbe
     Kucinich
     Lantos
     Pence
     Rodriguez
     Rush
     Sessions
     Toomey
     Weller
     Whitfield
     Wolf


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. LaTourette) (during the vote). There are 
2 minutes remaining in this vote.

                              {time}  1239

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. KENNEDY of Rhode Island. Mr. Chairman, on rollcall No. 39, 
passage of H.R. 3752, had I been present, I would have voted ``yea.''

                          ____________________