Home > 106th Congressional Bills > H.R. 5383 (ih) To amend the child and adult care food program under the Richard B. Russell National School Lunch Act to provide alternative reimbursement rates under that program for family or group day care homes located in less populous areas. [Introduc...

H.R. 5383 (ih) To amend the child and adult care food program under the Richard B. Russell National School Lunch Act to provide alternative reimbursement rates under that program for family or group day care homes located in less populous areas. [Introduc...


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108th CONGRESS
  2d Session
                                H. R. 5382

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2004

Mr. Rohrabacher (for himself, Mr. Boehlert, and Mr. Gordon) introduced 
   the following bill; which was referred to the Committee on Science

_______________________________________________________________________

                                 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--

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