[House Report 115-789]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-789
======================================================================
COMMERCIAL SPACE SUPPORT VEHICLE ACT
_______
June 27, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on Science, Space, and
Technology, submitted the following
R E P O R T
[To accompany H.R. 5346]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, Space, and Technology, to whom
was referred the bill (H.R. 5346) to amend title 51, United
States Code, to provide for licenses and experimental permits
for space support vehicles, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 4
Explanation of Amendments........................................ 5
Committee Consideration.......................................... 5
Application of Law to the Legislative Branch..................... 5
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 6
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Federal Advisory Committee Act................................... 6
Unfunded Mandate Statement....................................... 6
Earmark Identification........................................... 6
Committee Estimate............................................... 7
Budget Authority and Congressional Budget Office Cost Estimate... 7
Changes in Existing Law Made by the Bill as Reported............. 8
Committee Statement and Views
PURPOSE AND SUMMARY
The purpose of H.R. 5346, the ``Commercial Space Support
Vehicle Act,'' is to provide for licenses and experimental
permits for space support vehicles.
BACKGROUND AND NEED FOR LEGISLATION
The Commercial Space Launch Competitiveness Act (CSLCA,
P.L. 114-90), Section 105, required the Secretary of
Transportation to prepare a report on approaches for
streamlining the licensing and permitting process of launch
vehicles, reentry vehicles, or components of launch or reentry
vehicles, (also referred to as hybrid vehicles) to enable non-
launch flight operations related to space transportation.
Informally, the Federal Aviation Administration (FAA) uses the
term hybrid vehicle to mean a launch or reentry vehicle that
may also be used for non-launch non-reentry operations.
Congressional Report 108-429 notes that, ``Hybrid vehicles are
vehicles that have some of the characteristics of aircraft and
some of the characteristics of launch vehicles.''
The Section 105 report was transmitted to Congress on June
29, 2017. According to the report, a statutory or regulatory
change would be needed to allow companies to utilize hybrid
vehicles as space support vehicles. The report concluded that
the ``option of having a single statutory regime and regulatory
office oversee a demonstrated commercial space program
throughout its operational lifecycle would allow consistent
application of regulatory philosophy and safety oversight and
be more efficient and cost effective for the launch operator as
well as the licensing agency. For an evolving industry, a
regulatory environment that can adjust to accommodate changes
would allow for more flexible and more responsive oversight.''
The CLSCA also required the Government Accountability
Office (GAO) (GAO-17-100: Published: Nov 25, 2016) to review
the uses for space support vehicles and services and any
barriers to their use. The GAO found that the standard aircraft
certification process is lengthy, is not designed for unique,
single-production aircraft, and does not allow companies to
receive compensation for carrying people or property. The GAO
also found that some of the companies interviewed have training
operations in other countries where they can receive payment
for the activity and are delaying investments in space support
vehicles due to regulatory uncertainty. The GAO recommended
that the FAA examine and document whether the FAA's current
regulatory framework is appropriate for space support vehicles
and, if not, suggest legislative or regulatory changes, or
both, as applicable.
LEGISLATIVE HISTORY
During the 113th, 114th and 115th Congresses, the House
Committee on Science, Space, and Technology held seven hearings
and two markups relevant to this bill.
On Wednesday, November 20, 2013, the Subcommittee on Space
held a hearing titled, ``Commercial Space,'' to examine ways in
which companies are utilizing federal support and government
policies to grow their commercial business in space launch,
communications, GPS, remote sensing, weather monitoring,
suborbital tourism, science experimentation, and human
spaceflight. The witnesses discussed policies contained in H.R.
3038, the Suborbital and Orbital Advancement and Regulatory
Streamlining (SOARS) Act. The Subcommittee heard testimony from
the Honorable Kevin McCarthy, Member and Majority Whip of the
U.S. House of Representatives; Ms. Patricia Cooper, President
of the Satellite Industry Association; Mr. Stuart Witt, Chief
Executive Officer and General Manager of the Mojave Air and
Space Port; and Mr. Dennis Tito, Chairman of the Inspiration
Mars Foundation.
On Tuesday, February 4, 2014, the Subcommittee on Space
held a hearing titled, ``Necessary Updates to the Commercial
Space Launch Act,'' to discuss the growth of the commercial
space industry since the passage of the Commercial Space Launch
Act (CSLA) of 1984. The CSLA provided authority to the FAA to
license launches and indemnify launch providers from their-
party claims should an accident occur. The law also provides a
framework for the FAA's regulatory authority. The hearing
examined the various changes in the industry and what, if any,
accompanying changes to the CSLA may be needed going forward.
The Subcommittee heard testimony from Dr. George Nield,
Associate Administrator for Commercial Space Transportation at
the Federal Aviation Administration; Dr. Alicia Cackley,
Director of Financial Markets and Community Investment Team at
the Government Accountability Office; and Dr. Henry Hertzfeld,
Research Professor of Space Policy and International Affairs at
the Elliot School of International Affairs at George Washington
University.
On May 12, 2015, the Committee met to consider H.R. 2262,
the Commercial Space Launch Competitiveness Act. H.R. 2262
facilitates a pro-growth environment for the developing
commercial space industry by encouraging private sector
investment and creating more stable and predictable regulatory
conditions. Several reporting requirements were due under this
Act regarding licensing of space vehicles. This Act became law
on November 25, 2015 (P.L. 114-90).
On Tuesday, April 19, 2016, the Subcommittee on Space held
a hearing titled, ``The Commercial Space Launch Industry: Small
Satellite Opportunities and Challenges,'' to examine the
current state of the small satellite commercial launch
industry. The hearing highlighted the contributions and impacts
of the commercial space launch industry, as well as NASA's
Launch Services Program for the acquisition and program
management of expendable launch vehicle (ELV) missions. Service
providers and small satellite launch vehicles, including the
use of reusable vehicles, were also discussed. The Subcommittee
heard testimony from Mr. Elliot Pulham, Chief Executive Officer
of the Space Foundation; and Mr. Eric Stallmer, President of
the Commercial Spaceflight Federation.
On Wednesday, March 8, 2017, the Subcommittee on Space held
a hearing titled, ``Regulating Space: Innovation, Liberty, and
International Obligations,'' to examine U.S. international
obligations in light of new and innovative space activities.
The hearing reviewed authorization and continuing supervision
of non-governmental activities in space per the Outer Space
Treaty. The licensing of launch and re-entry vehicles and sites
by the Federal Aviation Administration (FAA) was also
discussed. The Subcommittee heard testimony from Ms. Laura
Montgomery, Attorney and Sole Proprietor of Ground Based Space
Matters, LLC; Dr. Eli Dourado, Senior Research Fellow and
Director of the Technology Policy Program at the Mercatus
Center at George Mason University; Mr. Doug Loverro, Former
Deputy Assistant Secretary of Defense for Space Policy; Mr.
Dennis J. Burnett, Adjunct Professor of Law at the University
of Nebraska-Lincoln College of Law; and Dr. Henry B. Hogue,
Specialist in American National Government at the Congressional
Research Service.
On June 29, 2017, the Committee received from the
Department of Transportation the report due pursuant to section
105 of H.R. 2262, the Commercial Space Launch Competitiveness
Act, regarding the licensing and permitting process of launch
vehicles, reentry vehicles, or components of launch or reentry
vehicles, to enable non-launch flight operations related to
space transportation. The report included approaches to improve
efficiency, reduce unnecessary costs, resolve inconsistencies,
remove duplication, and minimize unwarranted constraints.
On October 20, 2017, the Committee received from the
Department of Transportation and NASA the report due pursuant
to section 113 of H.R. 2262, the Commercial Space Launch
Competitiveness Act, regarding the streamlining of commercial
space launch activities. The report included a description of
the process for the application and approval of a permit or
license, current efforts to coordinate across executive
agencies, and recommendations for legislation to improve
efficiency in the licensing of space launch activities.
On March 20, 2018, H.R. 5346 was introduced in the House by
Representative Bill Posey of Florida.
On March 22, 2018, the Committee on Science, Space, and
Technology met to order H.R. 5346 reported by voice vote.
COMMITTEE VIEWS
The Committee is aware of alternative proposals to
establish space support vehicle or similar authorities outside
of Title 51 authorities and within existing aviation
authorities under Title 49. After extensive discussions with
stakeholders, and on the basis of testimony provided in
hearings, the Committee concludes that establishing a carve out
under Title 49 for aircraft that operate under special
airworthiness certificates in the experimental category is not
in the best interests of the aviation or space community. The
Committee firmly believes that H.R. 5346 is the best policy to
facilitate the development of commercial space support flights.
Section-by-Section
Section 1. Short title
Commercial Space Support Vehicle Act.
Section 2. Definitions
This section amends title 51 to include definitions for
``space support flight'' and ``space support vehicle.''
Section 3. Licensing of space support flights
This section amends section 50904 of title 51 to give the
Secretary of Transportation the authority to license space
support flights.
Section 4. Experimental permits for space support flights
This section amends section 50906 of title 51 to include
space support vehicles, as well as prohibit reusable suborbital
rockets and reusable launch vehicles operating under an
experimental permit from carrying any property or human for
compensation or hire.
Section 5. Communication and transparency
This section informs the Secretary to discuss the
regulatory approach with the commercial space industry prior to
issuing the notice of proposed rulemaking.
Section 6. Applicability
This section allows but does not require the Secretary to
develop regulations for issuing licenses and permits for space
support flights and space support vehicles by March 1, 2019,
when the act would go into effect. The intent of this provision
is to include the development of regulations for space support
vehicles in the regulatory reform process that the National
Space Council tasked the Federal Aviation Administration (FAA)
to complete by this date.
DIRECTED RULEMAKINGS
The law does not direct the Secretary of Transportation to
promulgate a rule or regulation. This law modifies the
Secretary of Transportation's existing licensing authority for
space vehicle launch and re-entry to allow for the licensing of
experimental permits for space support flights.
DUPLICATIVE PROGRAMS
No provision of H.R. 5346 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Explanation of Amendments
There were no amendments to this bill.
Committee Consideration
On March 22nd, 2018, the Committee met in open session and
ordered reported favorably the bill, H.R. 5436, by roll call
vote, a quorum being present.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill provides for licenses and experimental permits for
space support vehicles. As such, this bill does not relate to
employment or access to public services and accommodations.
Legislative branch employees and their families, to the
extent that they are otherwise eligible for the benefits
provided by this legislation, have equal access to its
benefits.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
Duplication of Federal Programs
No provision of H.R. 5346 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 5346 does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
H.R. 5346 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 5436. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 5346 from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 25, 2018.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5346, the
Commercial Space Support Vehicle Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 5346--Commercial Space Support Vehicle Act
H.R. 5346 would streamline regulatory processes for
licensing operations of vehicles that support launches of
commercial space vehicles. Under current law, such vehicles are
regulated by the Federal Aviation Administration's (FAA's)
Office of Aviation Safety; under the bill, that responsibility
would be transferred to the FAA's Office of Commercial Space
Transportation.
CBO estimates that enacting H.R. 5346 would not
significantly affect the federal budget. The bill would not
alter the scope of the FAA's underlying responsibility to
regulate all aspects of commercial space transportation. Using
information from the FAA, CBO estimates that any change in
federal costs stemming from the proposed reorganization of
regulatory responsibilities--which would be subject to
appropriation--would be negligible.
Enacting H.R. 5346 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 5346 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 5346 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 51, UNITED STATES CODE
* * * * * * *
SUBTITLE V--PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES
* * * * * * *
CHAPTER 509--COMMERCIAL SPACE LAUNCH ACTIVITIES
* * * * * * *
Sec. 50902. Definitions
In this chapter--
(1) ``citizen of the United States'' means--
(A) an individual who is a citizen of the
United States;
(B) an entity organized or existing under the
laws of the United States or a State; or
(C) an entity organized or existing under the
laws of a foreign country if the controlling
interest (as defined by the Secretary of
Transportation) is held by an individual or
entity described in subclause (A) or (B) of
this clause.
(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) ``executive agency'' has the same meaning given
that term in section 105 of title 5.
(4) ``government astronaut'' means an individual
who--
(A) is designated by the National Aeronautics
and Space Administration under section
20113(n);
(B) is carried within a launch vehicle or
reentry vehicle in the course of his or her
employment, which may include performance of
activities directly relating to the launch,
reentry, or other operation of the launch
vehicle or reentry vehicle; and
(C) is either--
(i) an employee of the United States
Government, including the uniformed
services, engaged in the performance of
a Federal function under authority of
law or an Executive act; or
(ii) an international partner
astronaut.
(5) ``international partner astronaut'' means an
individual designated under Article 11 of the
International Space Station Intergovernmental
Agreement, by a partner to that agreement other than
the United States, as qualified to serve as an
International Space Station crew member.
(6) ``International Space Station Intergovernmental
Agreement'' means the Agreement Concerning Cooperation
on the International Space Station, signed at
Washington January 29, 1998 (TIAS 12927).
(7) ``launch'' means to place or try to place a
launch vehicle or reentry vehicle and any payload or
human being from Earth--
(A) in a suborbital trajectory;
(B) in Earth orbit in outer space; or
(C) otherwise in outer space,
including activities involved in the preparation of a
launch vehicle or payload for launch, when those
activities take place at a launch site in the United
States.
(8) ``launch property'' means an item built for, or
used in, the launch preparation or launch of a launch
vehicle.
(9) ``launch services'' means--
(A) activities involved in the preparation of
a launch vehicle, payload, crew (including crew
training), government astronaut, or space
flight participant for launch; and
(B) the conduct of a launch.
(10) ``launch site'' means the location on Earth from
which a launch takes place (as defined in a license the
Secretary issues or transfers under this chapter) and
necessary facilities at that location.
(11) ``launch vehicle'' means--
(A) a vehicle built to operate in, or place a
payload or human beings in, outer space; and
(B) a suborbital rocket.
(12) ``obtrusive space advertising'' means
advertising in outer space that is capable of being
recognized by a human being on the surface of the Earth
without the aid of a telescope or other technological
device.
(13) ``payload'' means an object that a person
undertakes to place in outer space by means of a launch
vehicle or reentry vehicle, including components of the
vehicle specifically designed or adapted for that
object.
(14) except in section 50904(c), ``permit'' means an
experimental permit issued under section 50906.
(15) ``person'' means an individual and an entity
organized or existing under the laws of a State or
country.
(16) ``reenter'' and ``reentry'' mean to return or
attempt to return, purposefully, a reentry vehicle and
its payload or human beings, if any, from Earth orbit
or from outer space to Earth.
(17) ``reentry services'' means--
(A) activities involved in the preparation of
a reentry vehicle and payload, crew (including
crew training), government astronaut, or space
flight participant, if any, for reentry; and
(B) the conduct of a reentry.
(18) ``reentry site'' means the location on Earth to
which a reentry vehicle is intended to return (as
defined in a license the Secretary issues or transfers
under this chapter).
(19) ``reentry vehicle'' means a vehicle designed to
return from Earth orbit or outer space to Earth, or a
reusable launch vehicle designed to return from Earth
orbit or outer space to Earth, substantially intact.
(20) ``space flight participant'' means an
individual, who is not crew or a government astronaut,
carried within a launch vehicle or reentry vehicle.
(21) ``space support flight'' means a flight
in the air that is--
(A) not a launch or reentry; but
(B) related to launch or reentry
services.
(22) ``space support vehicle'' means a
vehicle that is--
(A) a launch vehicle;
(B) a reentry vehicle; or
(C) a component of a launch or
reentry vehicle.
[(21)] (23) ``State'' means a State of the United
States, the District of Columbia, and a territory or
possession of the United States.
[(22)] (24) unless and until regulations take effect
under section 50922(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.
[(23)] (25) ``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.
[(24)] (26) ``third party'' means a person except--
(A) the United States Government or the
Government's contractors or subcontractors
involved in launch services or reentry
services;
(B) a licensee or transferee under this
chapter;
(C) a licensee's or transferee's contractors,
subcontractors, or customers involved in launch
services or reentry services;
(D) the customer's contractors or
subcontractors involved in launch services or
reentry services; or
(E) crew, government astronauts, or space
flight participants.
[(25)] (27) ``United States'' means the States of the
United States, the District of Columbia, and the
territories and possessions of the United States.
* * * * * * *
Sec. 50904. Restrictions on launches, operations, and reentries
(a) Requirement.--A license issued or transferred under this
chapter, or a permit, is required for the following:
(1) for a person to launch a launch vehicle or to
operate a launch site or reentry site, or to reenter a
reentry vehicle, in the United States.
(2) for a citizen of the United States (as defined in
section 50902(1)(A) or (B) of this title) to launch a
launch vehicle or to operate a launch site or reentry
site, or to reenter a reentry vehicle, outside the
United States.
(3) for a citizen of the United States (as defined in
section 50902(1)(C) of this title) to launch a launch
vehicle or to operate a launch site or reentry site, or
to reenter a reentry vehicle, outside the United States
and outside the territory of a foreign country unless
there is an agreement between the United States
Government and the government of the foreign country
providing that the government of the foreign country
has jurisdiction over the launch or operation or
reentry.
(4) for a citizen of the United States (as defined in
section 50902(1)(C) of this title) to launch a launch
vehicle or to operate a launch site or reentry site, or
to reenter a reentry vehicle, in the territory of a
foreign country if there is an agreement between the
United States Government and the government of the
foreign country providing that the United States
Government has jurisdiction over the launch or
operation or reentry.
Notwithstanding this subsection, a permit shall not authorize a
person to operate a launch site or reentry site.
(b) Compliance With Payload Requirements.--The holder of a
license or permit under this chapter may launch or reenter a
payload only if the payload complies with all requirements of
the laws of the United States related to launching or
reentering a payload.
(c) Preventing Launches and Reentries.--The Secretary of
Transportation shall establish whether all required licenses,
authorizations, and permits required for a payload have been
obtained. If no license, authorization, or permit is required,
the Secretary may prevent the launch or reentry if the
Secretary decides the launch or reentry would jeopardize the
public health and safety, safety of property, or national
security or foreign policy interest of the United States.
(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, government astronauts, 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.
(e) Space Support Flights.--
(1) The Secretary of Transportation may issue or
transfer a license for multiple space support flights
of a space support vehicle to a citizen of the United
States, but only if such citizen holds an operator
license issued under this chapter for launch or reentry
of such space support vehicle as, or included as a
component of, a launch vehicle or reentry vehicle.
(2) A licensee may only carry out a space support
flight of a space support vehicle under a license for
carrying a person or property for compensation or hire
if such flight lands at the same site from which the
vehicle took flight.
Sec. 50905. License applications and requirements
(a) Applications.--(1) A person may apply to the Secretary of
Transportation for a license or transfer of a license under
this chapter in the form and way the Secretary prescribes.
Consistent with the public health and safety, safety of
property, and national security and foreign policy interests of
the United States, the Secretary, not later than 180 days after
accepting an application in accordance with criteria
established pursuant to subsection (b)(2)(D), shall issue or
transfer a license 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 120 days after accepting an
application in accordance with criteria established pursuant to
subsection (b)(2)(D). The Secretary shall transmit to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a written notice not later than 30 days after any
occurrence when the Secretary has not taken action on a license
application within the deadline established by this subsection.
(2) In carrying out paragraph (1), the Secretary may
establish procedures for safety approvals of launch vehicles,
reentry vehicles, safety systems, processes, services, or
personnel (including approval procedures for the purpose of
protecting the health and safety of crew, government
astronauts, and space flight participants, to the extent
permitted by subsections (b) and (c)) that may be used in
conducting licensed commercial space launch or reentry
activities.
(b) Requirements.--(1) Except as provided in this subsection,
all requirements of the laws of the United States applicable to
the launch of a launch vehicle or the operation of a launch
site or a reentry site, or the reentry of a reentry vehicle,
are requirements for a license or permit under this chapter.
(2) The Secretary may prescribe--
(A) any term necessary to ensure compliance with this
chapter, including on-site verification that a launch,
operation, or reentry complies with representations
stated in the application;
(B) any additional requirement necessary to protect
the public health and safety, safety of property,
national security interests, and foreign policy
interests of the United States;
(C) by regulation that a requirement of a law of the
United States not be a requirement for a license or
permit if the Secretary, after consulting with the head
of the appropriate executive agency, decides that the
requirement is not necessary to protect the public
health and safety, safety of property, and national
security and foreign policy interests of the United
States;
(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, government astronauts, or space flight
participants, only if such requirements are imposed
pursuant to final regulations issued in accordance with
subsection (c); and
(E) regulations establishing criteria for accepting
or rejecting an application for a license or permit
under this chapter within 60 days after receipt of such
application.
(3) The Secretary may waive a requirement, including the
requirement to obtain a license, for an individual applicant if
the Secretary decides that the waiver is in the public interest
and will not jeopardize the public health and safety, safety of
property, and national security and foreign policy interests of
the United States. 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, or the operation of a
space support vehicle, without a license or permit if a human
being will be on board.
(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 50914(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.
(c) Safety Regulations.--
(1) In general.--The Secretary may issue regulations
governing the design or operation of a launch vehicle
to protect the health and safety of crew, government
astronauts, and space flight participants.
(2) Regulations.--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 (as defined in 49 CFR 830,
as in effect on November 10, 2004) to
crew, government astronauts, 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 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, government
astronauts, 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) Facilitation of standards.--The Secretary shall
continue to work with the commercial space sector,
including the Commercial Space Transportation Advisory
Committee, or its successor organization, to facilitate
the development of voluntary industry consensus
standards based on recommended best practices to
improve the safety of crew, government astronauts, and
space flight participants as the commercial space
sector continues to mature.
(4) Communication and transparency.--Nothing in this
subsection shall be construed to limit the authority of
the Secretary to discuss potential regulatory
approaches, potential performance standards, or any
other topic related to this subsection with the
commercial space industry, including observations,
findings, and recommendations from the Commercial Space
Transportation Advisory Committee, or its successor
organization, prior to the issuance of a notice of
proposed rulemaking. Such discussions shall not be
construed to permit the Secretary to promulgate
industry regulations except as otherwise provided in
this section.
(5) Interim voluntary industry consensus standards
reports.--
(A) In general.--Not later than December 31,
2016, and every 30 months thereafter until
December 31, 2021, the Secretary, in
consultation and coordination with the
commercial space sector, including the
Commercial Space Transportation Advisory
Committee, or its successor organization, shall
submit to the Committee on Commerce, Science,
and Transportation of the Senate and the
Committee on Science, Space, and Technology of
the House of Representatives a report on the
progress of the commercial space transportation
industry in developing voluntary industry
consensus standards that promote best practices
to improve industry safety.
(B) Contents.--The report shall include, at a
minimum--
(i) any voluntary industry consensus
standards that have been accepted by
the industry at large;
(ii) the identification of areas that
have the potential to become voluntary
industry consensus standards that are
currently under consideration by the
industry at large;
(iii) an assessment from the
Secretary on the general progress of
the industry in adopting voluntary
industry consensus standards;
(iv) any lessons learned about
voluntary industry consensus standards,
best practices, and commercial space
launch operations;
(v) any lessons learned associated
with the development, potential
application, and acceptance of
voluntary industry consensus standards,
best practices, and commercial space
launch operations; and
(vi) recommendations, findings, or
observations from the Commercial Space
Transportation Advisory Committee, or
its successor organization, on the
progress of the industry in developing
voluntary industry consensus standards
that promote best practices to improve
industry safety.
(6) Report.--Not later than 270 days after the date
of enactment of the SPACE Act of 2015, the Secretary,
in consultation and coordination with the commercial
space sector, including the Commercial Space
Transportation Advisory Committee, or its successor
organization, shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Science, Space, and Technology of the
House of Representatives a report specifying key
industry metrics that might indicate readiness of the
commercial space sector and the Department of
Transportation to transition to a safety framework that
may include regulations under paragraph (9) that
considers space flight participant, government
astronaut, and crew safety.
(7) Reports.--Not later than March 31 of each of 2018
and 2022, the Secretary, in consultation and
coordination with the commercial space sector,
including the Commercial Space Transportation Advisory
Committee, or its successor organization, shall submit
to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives a report that identifies the
activities, described in this subsection and subsection
(d) most appropriate for a new safety framework that
may include regulatory action, if any, and a proposed
transition plan for such safety framework.
(8) Independent review.--Not later than December 31,
2022, an independent systems engineering and technical
assistance organization or standards development
organization contracted by the Secretary shall submit
to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives an assessment of the readiness of the
commercial space industry and the Federal Government to
transition to a safety framework that may include
regulations. As part of the review, the contracted
organization shall evaluate--
(A) the progress of the commercial space
industry in adopting voluntary industry
consensus standards as reported by the
Secretary in the interim assessments included
in the reports under paragraph (5);
(B) the progress of the commercial space
industry toward meeting the key industry
metrics identified by the report under
paragraph (6), including the knowledge and
operational experience obtained by the
commercial space industry while providing
services for compensation or hire; and
(C) whether the areas identified in the
reports under paragraph (5) are appropriate for
regulatory action, or further development of
voluntary industry consensus standards,
considering the progress evaluated in
subparagraphs (A) and (B) of this paragraph.
(9) Learning period.--Beginning on October 1, 2023,
the Secretary may propose regulations under this
subsection without regard to subparagraphs (C) and (D)
of paragraph (2). The development of any such
regulations shall take into consideration the evolving
standards of the commercial space flight industry as
identified in the reports published under paragraphs
(5), (6), and (7).
(10) Rule of construction.--Nothing in this
subsection shall be construed to limit the authority of
the Secretary to issue requirements or regulations to
protect the public health and safety, safety of
property, national security interests, and foreign
policy interests of the United States.
(d) Procedures and Timetables.--The Secretary shall establish
procedures and timetables that expedite review of a license or
permit application and reduce the regulatory burden for an
applicant.
Sec. 50906. 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 Secretary, not later than 120 days after receiving
an application pursuant 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 application. 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 pursuant 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 50905(b)(2)(C).
[(d) The Secretary may issue a permit only for reusable
suborbital rockets or reusable launch vehicles that will be
launched into a suborbital trajectory or reentered under that
permit solely for--
[(1) research and development to test design
concepts, equipment, or operating techniques;
[(2) showing compliance with requirements as part of
the process for obtaining a license under this chapter;
or
[(3) crew training for a launch or reentry using the
design of the rocket or vehicle for which the permit
would be issued.]
(d) The Secretary may issue a permit only for--
(1) reusable suborbital rockets or reusable launch
vehicles that will be launched into a suborbital
trajectory or reentered under that permit solely for--
(A) research and development to test design
concepts, equipment, or operating techniques;
(B) showing compliance with requirements as
part of the process for obtaining a license for
launch or reentry under this chapter; or
(C) crew training for a launch or reentry
using the design of the rocket or vehicle for
which the permit would be issued; or
(2) a space support vehicle, or a vehicle that is in
development to become a space support vehicle, operated
by a citizen of the United States for space support
flights that will be conducted under the permit for, or
in support of, the purposes described in subparagraphs
(A) through (C) of paragraph (1).
(e) Permits issued under this section shall--
(1) authorize an unlimited number of launches and
reentries for a particular suborbital rocket or
suborbital rocket design, or for a particular reusable
launch vehicle or reusable launch vehicle design, for
the uses described in subsection (d); and
(2) specify the type of modifications that may be
made to the suborbital rocket or launch vehicle without
changing the design to an extent that would invalidate
the permit.
(f) Permits shall not be transferable.
(g) The Secretary may issue a permit under this section
notwithstanding any license issued under this chapter. The
issuance of a license under this chapter may not invalidate a
permit issued under this section.
[(h) No person may operate a reusable suborbital rocket or
reusable launch vehicle under a permit for carrying any
property or human being for compensation or hire.]
(h) No person may, under a permit, operate a reusable
suborbital rocket, reusable launch vehicle, or space support
vehicle for carrying any property or human being for
compensation or hire.
(i) For the purposes of sections 50907, 50908, 50909, 50910,
50912, 50914, 50917, 50918, 50919, and 50923 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.
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