Title: To declare that space launch is a developmental activity, not a form of transportation, and that a process exists for investigating commercial space launch reentry activities.
Policy area: Transportation and Public Works

Summary:
This resolution declares that space launch is a developmental activity, not a form of transportation, and finds that a process exists for investigating commercial space launch and reentry activities.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 804 Introduced in House (IH)]

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117th CONGRESS
  1st Session
H. RES. 804

To declare that space launch is a developmental activity, not a form of 
transportation, and that a process exists for investigating commercial 
                    space launch reentry activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2021

Mr. Babin submitted the following resolution; which was referred to the 
              Committee on Science, Space, and Technology

_______________________________________________________________________

                               RESOLUTION


 
To declare that space launch is a developmental activity, not a form of 
transportation, and that a process exists for investigating commercial 
                    space launch reentry activities.

Whereas H.R. 3942, the Commercial Space Launch Act, was introduced in the House 
        of Representatives on September 21, 1983, referred exclusively to the 
        Committee on Science and Technology of the House of Representatives, and 
        signed into law as Public Law 98-575 on September 30, 1984;
Whereas the Commercial Space Launch Act (Public Law 98-575) established the 
        commercial space launch industry 35 years ago;
Whereas the Commercial Space Launch Act (Public Law 98-575) forms the basis of 
        commercial space legislation and is codified as chapter 509 of title 51, 
        United States Code;
Whereas chapter 509 of title 51, United States Code, establishes the licensing, 
        experimental permit, and monitoring processes required for commercial 
        space launch and reentry activities;
Whereas commercial space launch regulations are published in parts 400 through 
        460 of chapter III of title 14, Code of Federal Regulations (as of the 
        date of the adoption of this resolution);
Whereas commercial space launch licensees--

    (1) are required by Federal statute and regulation to submit an 
accident investigation plan as part of a launch application and to submit 
to Federal Government observer access at licensee sites; and

    (2) are, under such chapter 509, subject to modifications, 
prohibitions, preemptions, suspensions, and revocations of licenses and to 
administrative hearings, judicial review, and investigations and inquiries;

Whereas the Committee on Science, Space, and Technology of the House of 
        Representatives (in this resolution referred to as the ``Committee''), 
        through both oversight and legislation, has, since the 1960s, been the 
        lead entity in addressing the tragic loss of life related to 
        catastrophic spaceflight accidents;
Whereas after a fire occurred in the Apollo 1 capsule during ground tests on 
        January 7, 1967, which resulted in the deaths of Edward White, Gus 
        Grissom, and Roger Chaffee, the Committee held a series of oversight 
        hearings into the cause;
Whereas, as a result of these efforts, the Committee, in the National 
        Aeronautics and Space Administration Authorization Act of 1968 (Public 
        Law 90-67), required the establishment of the independent Aerospace 
        Safety Advisory Panel, resulting in the first time Congress addressed 
        issues relating to space accidents;
Whereas the Committee held extensive oversight hearings after the Space Shuttle 
        Challenger and Space Shuttle Columbia accidents, and considered 
        legislation related to space accident investigations that was referred 
        exclusively to the Committee;
Whereas chapter 707 of title 51, United States Code, established the Human Space 
        Flight Independent Investigation Commission, pursuant to provisions from 
        the National Aeronautics and Space Administration Authorization Act of 
        2005 (Public Law 109-155) and in response to the Space Shuttle Columbia 
        accident;
Whereas the Columbia Accident Investigation Board (referred to in this 
        resolution as the ``Board'') found ``[I]t is unlikely that launching a 
        space vehicle will ever be as routine an undertaking as commercial air 
        travel--certainly not in the lifetime of anybody who reads this.'';
Whereas the Board continued by reporting ``Columbia's failure to return home is 
        a harsh reminder that the Space Shuttle is a developmental vehicle that 
        operates not in routine flight but in the realm of dangerous 
        exploration.'';
Whereas the Board concluded, ``[b]ecause of the dangers of ascent and re-entry, 
        because of the hostility of the space environment, and because we are 
        still relative newcomers to this realm, operation of the Shuttle and 
        indeed all human spaceflight must be viewed as a developmental activity. 
        It is still far from a routine, operational undertaking. Throughout the 
        Columbia accident investigation, the Board has commented on the 
        widespread but erroneous perception that the Space Shuttle as somehow 
        comparable to civil or military air transport. They are not comparable; 
        the inherent risks of spaceflight are vastly higher, and our experience 
        level with spaceflight is vastly lower . . . . The Board urges NASA 
        leadership, the architects of U.S. space policy, and the American people 
        to adopt a realistic understanding of the risks and rewards of venturing 
        into space.'';
Whereas Rule X(1)(p) of the Rules of the House of Representatives for the 117th 
        Congress, assigns the Committee on Science, Space, and Technology 
        jurisdiction over ``astronautical research and development, including 
        resources, personnel, equipment, and facilities'', ``National 
        Aeronautics and Space Administration'', ``National Space Council'', and 
        ``Outer space, including exploration and control thereof''; and
Whereas the Rules of the Committee on Science, Space, and Technology of the 
        House of Representatives for the 116th Congress state that the 
        Subcommittee on Space and Aeronautics ``Shall have jurisdiction over the 
        following subject matter: all matters relating to astronautical and 
        aeronautical research and development; national space policy, including 
        access to space; sub-orbital access and applications; National 
        Aeronautics and Space Administration and its contractors and government-
        operated labs; space commercialization, including commercial space 
        activities related to the Department of Transportation and Department of 
        Commerce; exploration and use of outer space; international space 
        cooperation; the National Space Council; space applications, space 
        communications and related matters; Earth remote sensing policy; 
        civilian aviation research, development, and demonstration programs of 
        the Federal Aviation Administration; space law; other appropriate 
        matters referred by the Chair, and relevant oversight.'': Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) declares that space launch is a developmental activity, 
        not a form of transportation; and
            (2) finds that a process exists for investigating 
        commercial space launch and reentry activities.
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