H. R. 5382—3
(10) by inserting after paragraph (18), as so redesignated
by paragraph (1) of this subsection, the following new para-
graphs:
‘‘(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 subpara-
graph:
‘‘(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 sub-
section (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 ‘‘Require-
ment.—A license issued or transferred under this chapter, or
a permit,’’; and
(B) by inserting after paragraph (4) the following: ‘‘Notwith-
standing 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 Transpor-
tation 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 regu-
lations 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
H. R. 5382—4
(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 pro-
tect’’ and inserting ‘‘any additional requirement necessary to pro-
tect’’.
(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 subpara-
graph:
‘‘(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 Sec-
retary;
‘‘(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 indi-
vidual (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 Govern-
ment has not certified the launch vehicle as safe for car-
rying 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
H. R. 5382—5
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 pursu-
ant to paragraph (6).
‘‘(6)(A) The Secretary may issue regulations requiring space
flight participants to undergo an appropriate physical examina-
tion 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 Amend-
ments 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 regula-
tions 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 fea-
tures or operating practices that—
‘‘(i) have resulted in a serious or fatal injury (as
defined in 49 CFR 830, as in effect on November 10,
2004) to crew or space flight participants during a
licensed or permitted commercial human space flight;
or
‘‘(ii) contributed to an unplanned event or series
of events during a licensed or permitted commercial
H. R. 5382—6
human space flight that posed a high risk of causing
a serious or fatal injury (as defined in 49 CFR 830,
as in effect on November 10, 2004) to crew or space
flight participants; and
‘‘(D) be issued with a description of the instance or
instances when the design feature or operating practice
being restricted or prohibited contributed to a result or
event described in subparagraph (C).
‘‘(3) Beginning 8 years after the date of enactment of the
Commercial Space Launch Amendments Act of 2004, the Sec-
retary may propose regulations under this subsection without
regard to paragraph (2)(C) and (D). Any such regulations shall
take into consideration the evolving standards of safety in
the commercial space flight industry.
‘‘(4) Nothing in this subsection shall be construed to limit
the authority of the Secretary to issue requirements or regula-
tions to protect the public health and safety, safety of property,
national security interests, and foreign policy interests of the
United States.’’.
(15) Section 70105(d) of title 49, United States Code, as so
redesignated by paragraph (15) of this subsection, is amended by
inserting ‘‘or permit’’ after ‘‘of a license’’.
(16) Chapter 701 of title 49, United States Code, is amended
by inserting after section 70105 the following new section:
‘‘§ 70105a. Experimental permits
‘‘(a) A person may apply to the Secretary of Transportation
for an experimental permit under this section in the form and
manner the Secretary prescribes. Consistent with the protection
of the public health and safety, safety of property, and national
security and foreign policy interests of the United States, the Sec-
retary, not later than 120 days after receiving an application pursu-
ant to this section, 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 90 days after receiving an applica-
tion. 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 the Secretary has
failed to act on a permit within the deadline established by this
section.
‘‘(b) In carrying out subsection (a), the Secretary may establish
procedures for safety approvals of launch vehicles, reentry vehicles,
safety systems, processes, services, or personnel that may be used
in conducting commercial space launch or reentry activities pursu-
ant to a permit.
‘‘(c) In order to encourage the development of a commercial
space flight industry, the Secretary may when issuing permits
use the authority granted under section 70105(b)(2)(C).
‘‘(d) The Secretary may issue a permit only for reusable sub-
orbital rockets that will be launched or reentered solely for—
‘‘(1) research and development to test new design concepts,
new equipment, or new operating techniques;
H. R. 5382—7
‘‘(2) showing compliance with requirements as part of the
process for obtaining a license under this chapter; or
‘‘(3) 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.
‘‘(e) Permits issued under this section shall—
‘‘(1) authorize an unlimited number of launches and
reentries for a particular suborbital rocket design for the uses
described in subsection (d); and
‘‘(2) specify the type of modifications that may be made
to the suborbital rocket without changing the design to an
extent that would invalidate the permit.
‘‘(f) Permits shall not be transferable.
‘‘(g) 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.
‘‘(h) No person may operate a reusable suborbital rocket under
a permit for carrying any property or human being for compensation
or hire.
‘‘(i) For the purposes of sections 70106, 70107, 70108, 70109,
70110, 70112, 70115, 70116, 70117, and 70121 of this chapter—
‘‘(1) a permit shall be considered a license;
‘‘(2) the holder of a permit shall be considered a licensee;
‘‘(3) a vehicle operating under a permit shall be considered
to be licensed; and
‘‘(4) the issuance of a permit shall be considered licensing.
This subsection shall not be construed to allow the transfer
of a permit.’’.
(17) Section 70106(a) of title 49, United States Code, is
amended—
(A) by inserting ‘‘at a site used for crew or space flight
participant training,’’ after ‘‘assemble a launch vehicle or
reentry vehicle,’’; and
(B) by striking ‘‘section 70104(c)’’ and inserting ‘‘sections
70104(c), 70105, and 70105a’’.
(18) Section 70107(b) of title 49, United States Code, is
amended—
(A) by inserting ‘‘(1)’’ before ‘‘On the initiative’’; and
(B) by adding the following new paragraph at the end:
‘‘(2) The Secretary shall modify a license issued or trans-
ferred under this chapter whenever a modification is needed
for the license to be in conformity with a regulation that was
issued pursuant to section 70105(c) after the issuance of the
license. This paragraph shall not apply to permits.’’.
(19) Section 70107 of title 49, United States Code, is amended
by redesignating subsections (d) and (e) as subsections (e) and
(f), respectively, and by inserting after subsection (c) the following
new subsection:
‘‘(d) ADDITIONAL SUSPENSIONS.—(1) The Secretary may suspend
a license when a previous launch or reentry under the license
has resulted in a serious or fatal injury (as defined in 49 CFR
830, as in effect on November 10, 2004) to crew or space flight
participants and the Secretary has determined that continued oper-
ations under the license are likely to cause additional serious or
fatal injury (as defined in 49 CFR 830, as in effect on November
10, 2004) to crew or space flight participants.
H. R. 5382—8
‘‘(2) Any suspension imposed under this subsection shall
be for as brief a period as possible and, in any event, shall
cease when the Secretary—
‘‘(A) has determined that the licensee has taken suffi-
cient steps to reduce the likelihood of a recurrence of the
serious or fatal injury; or
‘‘(B) has modified the license pursuant to subsection
(b) to sufficiently reduce the likelihood of a recurrence
of the serious or fatal injury.
‘‘(3) This subsection shall not apply to permits.’’.
(20) Section 70110(a)(1) of title 49, United States Code, is
amended by inserting ‘‘or 70105a’’ after ‘‘70105(a)’’.
(21) 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’’.
(22) Section 70113(a)(1) of title 49, United States Code, is
amended by inserting ‘‘but not against a space flight participant,’’
after ‘‘subcontractor of a customer,’’.
(23) Section 70113(f) of title 49, United States Code, is amended
by inserting at the end the following: ‘‘This section does not apply
to permits.’’.
(24) Section 70115(b)(1)(D)(i) of title 49, United States Code,
is amended by inserting ‘‘crew or space flight participant training
site,’’ after ‘‘site of a launch vehicle or reentry vehicle,’’.
(25) Section 70120 of title 49, United States Code, is amended
by adding at the end the following new subsections:
‘‘(c) AMENDMENTS.—(1) 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.
‘‘(2)(A) Starting 3 years after the date of enactment of
the Commercial Space Launch Amendments Act of 2004, the
Secretary may issue final regulations changing the definition
of suborbital rocket under this chapter. No such regulation
may take effect until 180 days after the Secretary has submitted
the regulation to the Congress.
‘‘(B) The Secretary may issue regulations under this para-
graph only if the Secretary has determined that the definition
in section 70102 does not describe, or will not continue to
describe, all appropriate vehicles and only those vehicles. In
making that determination, the Secretary shall take into
account the evolving nature of the commercial space launch
industry.
‘‘(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
H. R. 5382—9
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 regula-
tions described in subsection (c) have been issued.’’.
(26) The table of sections for chapter 701 of title 49, United
States Code, is amended by inserting after the item relating to
70105 the following new item:
‘‘70105a. Experimental permits.’’.
SEC. 3. STUDIES.
(a) RISK SHARING.—Not later than 60 days after the date of
enactment of this Act, the Secretary of Transportation shall enter
into an arrangement with a nonprofit entity for the conduct of
an independent comprehensive study of the liability risk sharing
regime in the United States for commercial space transportation
under section 70113 of title 49, United States Code. To ensure
that Congress has a full analysis of the liability risk sharing regime,
the study shall assess methods by which the current system could
be eliminated, including an estimate of the time required to imple-
ment each of the methods assessed. The study shall assess whether
any alternative steps would be needed to maintain a viable and
competitive United States space transportation industry if the cur-
rent regime were eliminated. In conducting the assessment under
this subsection, input from commercial space transportation insur-
ance experts shall be sought. The study also shall examine liability
risk sharing in other nations with commercial launch capability
and evaluate the direct and indirect impact that ending this regime
would have on the competitiveness of the United States commercial
space launch industry in relation to foreign commercial launch
providers and on United States assured access to space.
(b) SAFETY.—The Secretary of Transportation, in consultation
with the Administrator of the National Aeronautics and Space
Administration, shall enter into an arrangement with a nonprofit
entity for a report analyzing safety issues related to launching
human beings into space. In designing the study, the Secretary
should take into account any recommendations from the Commercial
Space Transportation Advisory Committee and the National Aero-
nautics and Space Administration’s Aerospace Safety Advisory
Panel. The report shall be submitted to the Senate Committee
on Commerce, Science, and Transportation and the House of Rep-
resentatives Committee on Science within 4 years of the date of
enactment of this Act. The report shall analyze and make rec-
ommendations about—
(1) the standards of safety and concepts of operation that
should guide the regulation of human space flight and whether
the standard of safety should vary by class or type of vehicle,
the purpose of flight, or other considerations;
(2) the effectiveness of the commercial licensing and permit-
ting regime under chapter 701 of title 49, United States Code,
particularly in ensuring the safety of the public and of crew
and space flight participants during launch, in-space transit,
orbit, and reentry, and whether any changes are needed to
that chapter;
H. R. 5382—10
(3) whether there is a need for commercial ground oper-
ations for commercial space flight, including provision of launch
support, launch and reentry control, mission control, range
operations, and communications and telemetry operations
through all phases of flight, and if such operations developed,
whether and how they should be regulated;
(4) whether expendable and reusable launch and reentry
vehicles should be regulated differently from each other, and
whether either of those vehicles should be regulated differently
when carrying human beings;
(5) whether the Federal Government should separate the
promotion of human space flight from the regulation of such
activity;
(6) how third parties could be used to evaluate the qualifica-
tion and acceptance of new human space flight vehicles prior
to their operation;
(7) how nongovernment experts could participate more fully
in setting standards and developing regulations concerning
human space flight safety; and
(8) whether the Federal Government should regulate the
extent of foreign ownership or control of human space flight
companies operating or incorporated in the United States.
SEC. 4. TECHNICAL AMENDMENT.
Section 102(c) of the Commercial Space Act of 1998 is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.