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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
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