Commercial Space Launch Amendments Act of 2004

Bill: 108-hr-3752
Sponsor: Rep. Rohrabacher, Dana [R-CA-46]
Introduced: 2004-02-03 in the House
Policy area: Science, Technology, Communications
Subjects: Administrative procedure
Administrative remedies
Astronautics
Astronauts
Authorization
Aviation insurance
Aviation safety
Claims
Commerce
Congress
Congressional reporting requirements
Consumer education
Contractors
Department of Transportation
Economics and Public Finance
Employee training
Finance and Financial Sector
Flight crews
Flight training
Government Operations and Politics
Government liability
Government paperwork
Governmental investigations
Health
Indemnity
Investments
Labor and Employment
Launch vehicles
Law
Liability (Law)
Licenses
Manned space flight
Medical tests
Product development
Research and development
Rockets (Aeronautics)
Space activities
Space commercialization
Space flight
Spacecraft
Standards
Subcontractors
Transportation and Public Works

Summary:
action_date: 2004-02-03
text: 
Commercial Space Launch Amendments Act of 2004 - Amends Federal law concerning commercial space transportation to specify that regulatory authority for such transportation shall be with the Secretary of Transportation, through the Associate Administrator for Commercial Space Transportation. (Current law specifies the Secretary of Transportation.)
 
Makes the provisions of such law applicable to space flight crews and space flight participants.
 
Provides for the issuance of experimental permits (including permits for reusable suborbital rockets) allowing for an unlimited number of launches.
 
Allows the holder of a license or a permit to launch and reenter crews and space flight participants, but only in accordance with regulations and applicable laws.
 
Requires crew and space flight participants to execute reciprocal waivers of claims with licensees and permitees and the Federal government.
 
Makes liability indemnification program requirements inapplicable to space flight participants.
 
Extends, for three years, liability insurance and financial responsibility requirements.
 
Requires the Secretary of Transportation to arrange for a study of how best to gradually eliminate the liability risk sharing regime for commercial space transportation. Requires the study to assess methods by which the liability risk sharing regime could be eliminated by 2008 or as soon as possible thereafter and the impact those methods would be likely to have on the commercial space transportation industry.

action_date: 2004-03-01
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Commercial Space Launch Amendments Act of 2004 - (Sec. 2) States that Congress finds that: (1) the goal of opening space to the American people and to their private commercial 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; (3) greater private investment in these efforts will stimulate the commercial space transportation industry; and (4) space transportation is inherently risky.
 
(Sec. 3) Amends the Commercial Space Launch Act to define the following terms: (1) crew; (2) permit; (3) space flight participant; (4) suborbital rocket; and (5) suborbital trajectory. Amends the definitions of: (1) launch; (2) launch services; (3) reentry services; (4) launch vehicle; (5) reenter and reentry; and (6) third party.
 
Specifies that regulatory authority for such transportation shall be with the Secretary of Transportation, through the Associate Administrator for Commercial Space Transportation. (Current law specifies the Secretary of Transportation.)
 
Provides for the issuance of experimental permits (including permits for reusable suborbital rockets) allowing for an unlimited number of launches.
 
Prohibits operating a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire.
 
Directs the Secretary when issuing permits, in order to encourage the development of a commercial space flight industry and to the greatest extent practicable, to waive certain requirements if such requirements are determined not necessary to protect the public health and safety.
 
Permits the holder of a license or a permit to: (1) launch or reenter crew only if the crew has received specified training and has satisfied specified medical standards; (2) launch or reenter a space flight participant only if 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 (3) launch and reenter crews and space flight participants only in accordance with regulations and applicable laws.
 
Provides for expedited procedures for the issuance of permits.
 
Requires crew and space flight participants to execute reciprocal waivers of claims with licensees and permitees and the Federal government.
 
Makes liability indemnification program requirements inapplicable to space flight participants.
 
Extends, for three years, liability insurance and financial responsibility requirements.
 
Authorizes appropriations through FY 2007.
 
(Sec. 4) Requires the Secretary of Transportation to arrange for a study of how best to gradually eliminate the liability risk sharing regime for commercial space transportation. Requires the study to assess methods by which the liability risk sharing regime could be eliminated by 2008 or as soon as possible thereafter and the impact those methods would be likely to have on the commercial space transportation industry.

action_date: 2004-03-04
text: 
Commercial Space Launch Amendments Act of 2004 - (Sec. 2) States that Congress finds that: (1) the goal of opening space to the American people and to their private commercial 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; (3) greater private investment in these efforts will stimulate the commercial space transportation industry; and (4) space transportation is inherently risky.
 
(Sec. 3) Amends the Commercial Space Launch Act to define the following terms: (1) crew; (2) permit; (3) space flight participant; (4) suborbital rocket; and (5) suborbital trajectory. Amends the definitions of: (1) launch; (2) launch services; (3) reentry services; (4) launch vehicle; (5) reenter and reentry; and (6) third party.
 
Declares that regulatory authority for such transportation shall be carried out by the Secretary of Transportation (as under current law), but through the Associate Administrator for Commercial Space Transportation.
 
 Provides for the issuance of experimental permits (including permits for reusable suborbital rockets) allowing for an unlimited number of launches.
 
Directs the Secretary when issuing permits, in order to encourage the development of a commercial space flight industry and to the greatest extent practicable, to use the authority to waive, by regulation, any Federal law requirement as a requirement for a license if such requirement is not necessary to protect the public health and safety, safety of property, and U.S. national security and foreign policy interests.
 
Limits the Secretary's authority to issue permits for reusable suborbital rockets to those rockets that will be launched or reentered solely for: (1) research and development to test new design concepts, new equipment, or new operating techniques; (2) showing compliance with requirements as part of the process for obtaining a license; or (3) crew training before obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued.
 
Prohibits operating a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire.
 
Permits the holder of a license or a permit to: (1) launch or reenter crew only if the crew has received specified training and has satisfied specified medical standards; (2) launch or reenter a space flight participant only if 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 vehicle type, and the space flight participant has provided written informed consent to participation; and (3) launch and reenter crews and space flight participants only in accordance with regulations and applicable laws.
 
Provides for expedited procedures for the issuance of permits.
 
Requires crew and space flight participants to execute reciprocal waivers of claims with licensees and permitees and the Federal government. Declares that the requirement for flight participants shall expire three years after the first licensed launch of a launch vehicle carrying the space flight participant.
 
Makes liability indemnification program requirements inapplicable to space flight participants.
 
Extends from December 31, 2004, through December 31, 2007, liability insurance and financial responsibility requirements.
 
Authorizes appropriations through FY 2007.
 
(Sec. 4) Requires the Secretary of Transportation to arrange with the National Academy of Public Administration for a study to assess: (1) methods by which the liability risk sharing regime for commercial space transportation could be eliminated by 2008 (or as soon as possible thereafter); and (2) the impact those methods would be likely to have on the commercial space transportation industry.


Legislative actions:
action_date: 2004-03-08
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2004-03-04
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-03-04
text: On passage Passed by the Yeas and Nays: 402 - 1 (Roll no. 39).
action_date: 2004-03-04
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 402 - 1 (Roll no. 39).
action_date: 2004-03-04
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2004-03-04
text: The previous question was ordered pursuant to the rule.
action_date: 2004-03-04
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3752.
action_date: 2004-03-04
text: DEBATE - The Committee of the Whole is proceeding with debate on the Flake amendment under the five-minute rule.
action_date: 2004-03-04
text: DEBATE - The Committee of the Whole is proceeding with debate on the Boehlert amendment under the five-minute rule.
action_date: 2004-03-04
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3752.
action_date: 2004-03-04
text: The Speaker designated the Honorable Steven C. LaTourette to act as Chairman of the Committee.
action_date: 2004-03-04
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 546 and Rule XVIII.
action_date: 2004-03-04
text: Rule provides for consideration of H.R. 3752 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Points of order against consideration of the bill for failure to comply with clause 4(a) of rule XIII are waived. Measure will be considered read. Specified amendments are in order. Each amendment pre-printed in the Record may be offered only by the Member who caused it to be printed or his designee and shall be considered as read.
action_date: 2004-03-04
text: Considered under the provisions of rule H. Res. 546. (consideration: CR H835-840; text of measure as reported in House: CR H837-389)
action_date: 2004-03-03
text: Rule H. Res. 546 passed House.
action_date: 2004-03-02
text: Rules Committee Resolution H. Res. 546 Reported to House. Rule provides for consideration of H.R. 3752 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Points of order against consideration of the bill for failure to comply with clause 4(a) of rule XIII are waived. Measure will be considered read. Specified amendments are in order. Each amendment pre-printed in the Record may be offered only by the Member who caused it to be printed or his designee and shall be considered as read.
action_date: 2004-03-01
text: Placed on the Union Calendar, Calendar No. 247.
action_date: 2004-03-01
text: Reported by the Committee on Science. H. Rept. 108-429.
action_date: 2004-03-01
text: Reported by the Committee on Science. H. Rept. 108-429.
action_date: 2004-03-01
text: Mr. Pearce asked unanimous consent that the Committee on Science, Space and Technology have until midnight on March 1 to file a report on H.R. 3752. Agreed to without objection.
action_date: 2004-02-11
text: Mr. Boehlert asked unanimous consent that the Committee on Science have until 5:00 p.m. on Feb. 18 to file a report on H.R. 3752. Agreed to without objection.
action_date: 2004-02-04
text: Ordered to be Reported by Voice Vote.
action_date: 2004-02-04
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-02-03
text: Referred to the House Committee on Science.
action_date: 2004-02-03
text: Introduced in House
action_date: 2004-02-03
text: Introduced in House