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108th CONGRESS
2d Session
S. 2772
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2004
Mr. Inhofe introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
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.
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 ``Space Commercial Human Ascent
Serving Expeditions Act'' or the ``Space CHASE Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the goal of opening space to the American people and
their private commercial, scientific, and cultural enterprises
should guide Federal space investments, policies, and
regulations;
(2) private industry has begun to develop commercial launch
vehicles capable of carrying human beings into space, and
greater private investment in these efforts will stimulate the
Nation's commercial space transportation industry as a whole;
(3) space transportation is inherently risky;
(4) a critical area of responsibility for the Office of the
Associate Administrator for Commercial Space Transportation is
to regulate the emerging commercial human space flight
industry; and
(5) the public interest is served by creating a clear legal
and regulatory regime for commercial human space flight.
SEC. 3. AMENDMENTS.
(a) Findings and Purposes.--Section 70101 of title 49, United
States Code, is amended--
(1) in subsection (a)(3), by inserting ``human space
flight,'' after ``microgravity research,''; and
(2) in subsection (a)(4)--
(A) by striking ``satellite''; and
(B) by striking ``services now available from'' and
inserting ``capabilities of''.
(b) Definitions.--Section 70102 of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (2) through (17) as
paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (12), (13),
(14), (15), (16), (18), (21), and (22), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) `crew' means any employee of a licensee or
transferee, or of a contractor or subcontractor of a licensee
or transferee, who performs activities in the course of that
employment directly relating to the launch, reentry, or other
operation of or in a launch vehicle or reentry vehicle that
carries human beings.'';
(3) in paragraph (4), as redesignated by paragraph (1) of
this subsection, by inserting ``, crew, or space flight
participant'' after ``any payload'';
(4) in paragraph (6)(A), as 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 redesignated by paragraph (1)
of this subsection, by inserting ``or human beings'' after
``place a payload'';
(6) by inserting after paragraph (10), as 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 redesignated by paragraph (1) of
this subsection, by inserting ``crew, or space flight
participants,'' after ``and its payload,'';
(8) in paragraph (14)(A), as 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 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 redesignated by
paragraph (1) of this subsection, the following new paragraphs:
``(19) `suborbital rocket' means a vehicle, rocket-
propelled in whole or in part, intended for flight on a
suborbital trajectory whose thrust is greater than its lift for
the majority of the rocket-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 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--
(A) by inserting ``, through the Associate Administrator
for Commercial Space Transportation,'' after ``Secretary of
Transportation''; and
(B) by adding at the end the following new sentence: ``The
Secretary of Transportation shall ensure that the Associate
Administrator for Commercial Space Transportation has
sufficient personnel from within the Federal Aviation
Administration to carry out this chapter.''.
(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) Section 70104 of title 49, United States Code, is amended by
adding at the end the following:
``(d) Limitation on Conditions.--(1) The Secretary of
Transportation shall not make it a condition or requirement for a
person who receives a license or experimental permit under this chapter
to obtain any other license, permit, certificate, or other legal
instrument from the Secretary for the conduct of the activity,
including flight and return, for which the license or permit was
issued.
``(2) The Secretary of Transportation shall not require any
additional license, permit, certificate, or other legal instrument be
obtained from the Department of Transportation for any activity,
including flight and return, for which a license or experimental permit
has been issued under this chapter.''.
(6) 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.
(7) 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''.
(8) 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.--(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.''.
(9) Section 70105(c)(1) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
(10) Section 70105(c)(2)(B) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
striking ``an additional requirement'' and inserting ``any additional
requirement''.
(11) Section 70105(c)(2)(C) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
(12) Section 70105(c)(2)(D) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
(13) Section 70105(c)(3) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended 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.''.
(14) Section 70105(c) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by adding
at the end the following new paragraphs:
``(4) The holder of a license or a permit under this chapter may
launch or reenter crew only if--
``(A) the crew has received training and has satisfied
medical or other standards specified in the license or permit
in accordance with regulations promulgated by the Secretary;
and
``(B) the holder of the license or permit and crew have
complied with all requirements of the laws of the United States
that apply to crew.
``(5) The holder of a license or a permit under this chapter may
launch or reenter a space flight participant only if--
``(A) in accordance with regulations promulgated by the
Secretary, the holder of the license or permit has informed the
space flight participant in writing about the risks of the
launch or reentry, including the safety record of the launch or
reentry vehicle type, and the space flight participant has
provided written informed consent to participation in the
launch or reentry; and
``(B) the holder of the license or permit and space flight
participant have complied with all requirements of the laws of
the United States related to launching or reentering a space
flight participant.''.
(15) Section 70105(d) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``of a license''.
(16) 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)''.
(17) Section 70110(a)(1) of title 49, United States Code, is
amended by striking ``70105(a)'' and inserting ``70105''.
(18) Section 70112(b)(1) of title 49, United States Code, is
amended--
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