I

104TH CONGRESS

2D SESSION H. R. 4239

To provide for the licensing of commercial space reentry vehicles and reentry

sites, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 1996

Mr. BROWN of California introduced the following bill; which was referred to

the Committee on Science

A BILL

To provide for the licensing of commercial space reentry

vehicles and reentry sites, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. COMMERCIAL SPACE LAUNCH AMENDMENTS.

4 (a) AMENDMENTS.—Chapter 701 of title 49, United

5 States Code, is amended—

6 (1) in the table of sections—

7 (A) by amending the item relating to sec8 tion 70104 to read as follows:

‘‘70104. Restrictions on launches, operations, and reentries.’’;
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1 (B) by amending the item relating to sec2 tion 70108 to read as follows:

‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites

and reentry sites, and reentries.’’;

3 and

4 (C) by amending the item relating to sec5 tion 70109 to read as follows:

‘‘70109. Preemption of scheduled launches or reentries.’’;

6 (2) in section 70101—

7 (A) by inserting ‘‘microgravity research,’’

8 after ‘‘information services,’’ in subsection

9 (a)(3);

10 (B) by inserting ‘‘, reentry,’’ after ‘‘launch11 ing’’ both places it appears in subsection (a)(4);

12 (C) by inserting ‘‘, reentry vehicles,’’ after

13 ‘‘launch vehicles’’ in subsection (a)(5);

14 (D) by inserting ‘‘and reentry services’’

15 after ‘‘launch services’’ in subsection (a)(6);

16 (E) by inserting ‘‘, reentries,’’ after

17 ‘‘launches’’ both places it appears in subsection

18 (a)(7);

19 (F) by inserting ‘‘, reentry sites,’’ after

20 ‘‘launch sites’’ in subsection (a)(8);

21 (G) by inserting ‘‘and reentry services’’

22 after ‘‘launch services’’ in subsection (a)(8);
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1 (H) by inserting ‘‘reentry sites,’’ after

2 ‘‘launch sites,’’ in subsection (a)(9);

3 (I) by inserting ‘‘and reentry site’’ after

4 ‘‘launch site’’ in subsection (a)(9);

5 (J) by inserting ‘‘, reentry vehicles,’’ after

6 ‘‘launch vehicles’’ in subsection (b)(2);

7 (K) by striking ‘‘launch’’ in subsection

8 (b)(2)(A);

9 (L) by inserting ‘‘and reentry’’ after ‘‘con10 duct of commercial launch’’ in subsection

11 (b)(3);

12 (M) by striking ‘‘launch’’ after ‘‘and trans13 fer commercial’’ in subsection (b)(3); and

14 (N) by inserting ‘‘and development of re15 entry sites,’’ after ‘‘launch-site support facili16 ties,’’ in subsection (b)(4);

17 (3) in section 70102—

18 (A) by striking ‘‘and any payload’’ and in19 serting in lieu thereof ‘‘or reentry vehicle and

20 any payload from Earth’’ in paragraph (3);

21 (B) by inserting ‘‘or reentry vehicle’’ after

22 ‘‘means of a launch vehicle’’ in paragraph (8);

23 (C) by redesignating paragraphs (10)

24 through (12) as paragraphs (14) through (16),

25 respectively;
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1 (D) by inserting after paragraph (9) the

2 following new paragraphs:

3 ‘‘(10) ‘reenter’ and ‘reentry’ mean to return or

4 attempt to return, purposefully, a reentry vehicle

5 and its payload, if any, from Earth orbit or from

6 outer space to Earth.

7 ‘‘(11) ‘reentry services’ means—

8 ‘‘(A) activities involved in the preparation

9 of a reentry vehicle and its payload, if any, for

10 reentry; and

11 ‘‘(B) the conduct of a reentry.

12 ‘‘(12) ‘reentry site’ means the location on Earth

13 to which a reentry vehicle is intended to return (as

14 defined in a license the Secretary issues or transfers

15 under this chapter).

16 ‘‘(13) ‘reentry vehicle’ means a vehicle designed

17 to return from Earth orbit or outer space to Earth,

18 or a reusable launch vehicle designed to return from

19 outer space substantially intact.’’; and

20 (E) by inserting ‘‘or reentry services’’ after

21 ‘‘launch services’’ each place it appears in para22 graph (15), as so redesignated by subparagraph

23 (C) of this paragraph;

24 (4) in section 70103(b)—
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1 (A) by inserting ‘‘AND REENTRIES’’ after

2 ‘‘LAUNCHES’’ in the subsection heading;

3 (B) by inserting ‘‘and reentries’’ after

4 ‘‘space launches’’ in paragraph (1); and

5 (C) by inserting ‘‘and reentry’’ after

6 ‘‘space launch’’ in paragraph (2);

7 (5) in section 70104—

8 (A) by amending the section designation

9 and heading to read as follows:

10 ‘‘§ 70104. Restrictions on launches, operations, and

11 reentries’’;

12 (B) by inserting ‘‘or reentry site, or to re13 enter a reentry vehicle,’’ after ‘‘operate a

14 launch site’’ each place it appears in subsection

15 (a);

16 (C) by inserting ‘‘or reentry’’ after ‘‘launch

17 or operation’’ in subsection (a) (3) and (4);

18 (D) in subsection (b)—

19 (i) by striking ‘‘launch license’’ and

20 inserting in lieu thereof ‘‘license’’;

21 (ii) by inserting ‘‘or reenter’’ after

22 ‘‘may launch’’; and

23 (iii) by inserting ‘‘or reentering’’ after

24 ‘‘related to launching’’; and

25 (E) in subsection (c)—
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1 (i) by amending the subsection head2 ing to read as follows: ‘‘PREVENTING

3 LAUNCHES AND REENTRIES.—’’;

4 (ii) by inserting ‘‘or reentry’’ after

5 ‘‘prevent the launch’’; and

6 (iii) by inserting ‘‘or reentry’’ after

7 ‘‘decides the launch’’;

8 (6) in section 70105—

9 (A) by inserting ‘‘or a reentry site, or the

10 reentry of a reentry vehicle,’’ after ‘‘operation

11 of a launch site’’ in subsection (b)(1); and

12 (B) by striking ‘‘or operation’’ and insert13 ing in lieu thereof ‘‘, operation, or reentry’’ in

14 subsection (b)(2)(A);

15 (7) in section 70106(a)—

16 (A) by inserting ‘‘or reentry site’’ after

17 ‘‘observer at a launch site’’;

18 (B) by inserting ‘‘or reentry vehicle’’ after

19 ‘‘assemble a launch vehicle’’; and

20 (C) by inserting ‘‘or reentry vehicle’’ after

21 ‘‘with a launch vehicle’’;

22 (8) in section 70108—

23 (A) by amending the section designation

24 and heading to read as follows:
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1 ‘‘§ 70108. Prohibition, suspension, and end of

2 launches, operation of launch sites and

3 reentry sites, and reentries’’;

4 and

5 (B) in subsection (a)—

6 (i) by inserting ‘‘or reentry site, or re7 entry of a reentry vehicle,’’ after ‘‘oper8 ation of a launch site’’; and

9 (ii) by inserting ‘‘or reentry’’ after

10 ‘‘launch or operation’’;

11 (9) in section 70109—

12 (A) by amending the section designation

13 and heading to read as follows:

14 ‘‘§ 70109. Preemption of scheduled launches or reen15 tries’’;

16 (B) in subsection (a)—

17 (i) by inserting ‘‘or reentry’’ after

18 ‘‘ensure that a launch’’;

19 (ii) by inserting ‘‘, reentry site,’’ after

20 ‘‘United States Government launch site’’;

21 (iii) by inserting ‘‘or reentry date

22 commitment’’ after ‘‘launch date commit23 ment’’;

24 (iv) by inserting ‘‘or reentry’’ after

25 ‘‘obtained for a launch’’;
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1 (v) by inserting ‘‘, reentry site,’’ after

2 ‘‘access to a launch site’’;

3 (vi) by inserting ‘‘, or services related

4 to a reentry,’’ after ‘‘amount for launch

5 services’’; and

6 (vii) by inserting ‘‘or reentry’’ after

7 ‘‘the scheduled launch’’; and

8 (C) in subsection (c), by inserting ‘‘or re9 entry’’ after ‘‘prompt launching’’;

10 (10) in section 70110—

11 (A) by inserting ‘‘or reentry’’ after ‘‘pre12 vent the launch’’ in subsection (a)(2); and

13 (B) by inserting ‘‘or reentry site, or re14 entry of a reentry vehicle,’’ after ‘‘operation of

15 a launch site’’ in subsection (a)(3)(B);

16 (11) in section 70111—

17 (A) by inserting ‘‘or reentry’’ after

18 ‘‘launch’’ in subsection (a)(1)(A);

19 (B) by inserting ‘‘and reentry services’’

20 after ‘‘launch services’’ in subsection (a)(1)(B);

21 (C) in subsection (a)(1), by inserting after

22 subparagraph (B) the following:

23 ‘‘The Secretary shall coordinate the establishment of cri24 teria and procedures for determining the priority of com-
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1 peting requests from the private sector and State govern2 ments for property and services under this section.’’;

3 (D) by inserting ‘‘or reentry services’’ after

4 ‘‘or launch services’’ in subsection (a)(2);

5 (E) by inserting ‘‘or reentry’’ after ‘‘com6 mercial launch’’ both places it appears in sub7 section (b)(1);

8 (F) by inserting ‘‘or reentry services’’ after

9 ‘‘launch services’’ in subsection (b)(2)(C);

10 (G) by striking ‘‘or its payload for launch’’

11 in subsection (d) and inserting in lieu thereof

12 ‘‘or reentry vehicle, or the payload of either, for

13 launch or reentry’’; and

14 (H) by inserting ‘‘, reentry vehicle,’’ after

15 ‘‘manufacturer of the launch vehicle’’ in sub16 section (d);

17 (12) in section 70112—

18 (A) by inserting ‘‘or reentry’’ after ‘‘one

19 launch’’ in subsection (a)(3);

20 (B) by inserting ‘‘or reentry services’’ after

21 ‘‘launch services’’ in subsection (a)(4);

22 (C) by inserting ‘‘or reentry services’’ after

23 ‘‘launch services’’ each place it appears in sub24 section (b);
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1 (D) by inserting ‘‘applicable’’ after ‘‘car2 ried out under the’’ in paragraphs (1) and (2)

3 of subsection (b);

4 (E) by striking ‘‘, Space, and Technology’’

5 in subsection (d)(1);

6 (F) by inserting ‘‘OR REENTRIES’’ after

7 ‘‘LAUNCHES’’ in the heading for subsection (e);

8 and

9 (G) by inserting ‘‘or reentry site or a re10 entry’’ after ‘‘launch site’’ in subsection (e);

11 (13) in section 70113(a)(1) and (d)(1) and (2),

12 by inserting ‘‘or reentry’’ after ‘‘one launch’’ each

13 place it appears;

14 (14) in section 70115(b)(1)(D)(i)—

15 (A) by inserting ‘‘reentry site,’’ after

16 ‘‘launch site,’’; and

17 (B) by inserting ‘‘or reentry vehicle’’ after

18 ‘‘launch vehicle’’ both places it appears; and

19 (15) in section 70117—

20 (A) by inserting ‘‘or reentry site, or to re21 enter a reentry vehicle’’ after ‘‘operate a launch

22 site’’ in subsection (a);

23 (B) by inserting ‘‘or reentry’’ after ‘‘ap24 proval of a space launch’’ in subsection (d);
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1 (C) by amending subsection (f) to read as

2 follows:

3 ‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN

4 IMPORT.—A launch vehicle, reentry vehicle, or payload

5 that is launched or reentered is not, because of the launch

6 or reentry, an export or import, respectively, for purposes

7 of a law controlling exports or imports.’’; and

8 (D) in subsection (g)—

9 (i) by striking ‘‘operation of a launch

10 vehicle or launch site,’’ in paragraph (1)

11 and inserting in lieu thereof ‘‘reentry, op12 eration of a launch vehicle or reentry vehi13 cle, operation of a launch site or reentry

14 site,’’; and

15 (ii) by inserting ‘‘reentry,’’ after

16 ‘‘launch,’’ in paragraph (2).

17 (b) ADDITIONAL AMENDMENTS.—(1) Section 70105

18 of title 49, United States Code, is amended—

19 (A) by inserting ‘‘(1)’’ before ‘‘A person may

20 apply’’ in subsection (a);

21 (B) by striking ‘‘receiving an application’’ both

22 places it appears in subsection (a) and inserting in

23 lieu thereof ‘‘accepting an application in accordance

24 with criteria established pursuant to subsection

25 (b)(2)(D)’’;
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1 (C) by adding at the end of subsection (a) the

2 following new paragraph:

3 ‘‘(2) In carrying out paragraph (1), the Secretary

4 may establish procedures for certification of the safety of

5 a launch vehicle, reentry vehicle, or safety system, proce6 dure, service, or personnel that may be used in conducting

7 licensed commercial space launch or reentry activities.’’;

8 (D) by striking ‘‘and’’ at the end of subsection

9 (b)(2)(B);

10 (E) by striking the period at the end of sub11 section (b)(2)(C) and inserting in lieu thereof ‘‘;

12 and’’;

13 (F) by adding at the end of subsection (b)(2)

14 the following new subparagraph:

15 ‘‘(D) regulations establishing criteria for ac16 cepting or rejecting an application for a license

17 under this chapter within 60 days after receipt of

18 such application.’’; and

19 (G) by inserting ‘‘, including the requirement to

20 obtain a license,’’ after ‘‘waive a requirement’’ in

21 subsection (b)(3).

22 (2) The amendments made by paragraph (1)(B) shall

23 take effect upon the effective date of final regulations is24 sued pursuant to section 70105(b)(2)(D) of title 49,
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1 United States Code, as added by paragraph (1)(F) of this

2 subsection.

3 (3) Section 70102(5) of title 49, United States Code,

4 is amended—

5 (A) by redesignating subparagraphs (A) and

6 (B) as subparagraphs (B) and (C), respectively; and

7 (B) by inserting before subparagraph (B), as so

8 redesignated by subparagraph (A) of this paragraph,

9 the following new subparagraph:

10 ‘‘(A) activities directly related to the prep11 aration of a launch site or payload facility for

12 one or more launches;’’.

13 (4) Section 70111(b) of title 49, United States Code,

14 is amended by inserting after paragraph (2) the following

15 new paragraph:

16 ‘‘(3) The Secretary shall ensure the establishment of

17 uniform guidelines for, and consistent implementation of,

18 this section by all Federal agencies.’’.

19 (5) Section 70112 of title 49, United States Code,

20 is amended—

21 (A) in subsection (a)(1), by inserting ‘‘launch,

22 reentry, or site operator’’ after ‘‘(1) When a’’;

23 (B) in subsection (b)(1), by inserting ‘‘launch,

24 reentry, or site operator’’ after ‘‘(1) A’’; and
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1 (C) in subsection (f), by inserting ‘‘launch, re2 entry, or site operator’’ after ‘‘carried out under a’’.

3 (c) REGULATIONS.—(1) Chapter 701 of title 49,

4 United States Code, is amended by adding at the end the

5 following new section:

6 ‘‘§ 70120. Regulations

7 ‘‘The Secretary of Transportation, within 6 months

8 after the date of the enactment of this section, shall issue

9 regulations to carry out this chapter that include—

10 ‘‘(1) guidelines for industry to obtain sufficient

11 insurance coverage for potential damages to third

12 parties;

13 ‘‘(2) procedures for requesting and obtaining li14 censes to operate a commercial launch vehicle or re15 entry vehicle;

16 ‘‘(3) procedures for requesting and obtaining

17 operator licenses for launch or reentry;

18 ‘‘(4) procedures for requesting and obtaining

19 launch site or rentry site operator licenses; and

20 ‘‘(5) procedures for the application of govern21 ment indemnification.’’.

22 (2) The table of sections for such chapter 701 is

23 amended by adding after the item relating to section

24 70119 the following new item:

‘‘70120. Regulations.’’.
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1 (d) REPORT TO CONGRESS.—(1) Chapter 701 of title

2 49, United States Code, is further amended by adding at

3 the end the following new section:

4 ‘‘§ 70121. Report to Congress

5 ‘‘The Secretary of Transportation shall submit to

6 Congress an annual report to accompany the President’s

7 budget request that—

8 ‘‘(1) describes all activities undertaken under

9 this chapter, including a description of the process

10 for the application for and approval of licenses under

11 this chapter and recommendations for legislation

12 that may further commercial launches and reentries;

13 and

14 ‘‘(2) reviews the performance of the regulatory

15 activities and the effectiveness of the Office of Com16 mercial Space Transportation.’’.

17 (2) The table of sections for such chapter 701 is fur18 ther amended by adding after the item relating to section

19 70120, as added by subsection (c)(2) of this section, the

20 following new item:

‘‘70121. Report to Congress.’’.

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