COMMERCIAL SPACE LAUNCH AMENDMENTS.

SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS. (a) Amendments.— Chapter 701 of title 49, United States Code, is amended— (1) in the table of sections— (A) by amending the item relating to section 70104 to read as follows: “70104. Restrictions on launches, operations, and reentries.”; (B) by amending the item relating to section 70108 to read as follows: “70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries.”; (C) by amending the item relating to section 70109 to read as follows: “70109. Preemption of scheduled launches or reentries.”; and (D) by adding at the end the following new items: “70120. Regulations. “70121. Report to Congress.”. (2) in section 70101— (A) by inserting “microgravity research,” after “information services,” in subsection (a)(3); (B) by inserting “, reentry,” after “launching” both places it appears in subsection (a)(4); (C) by inserting “, reentry vehicles,” after “launch vehicles” in subsection (a)(5); (D) by inserting “and reentry services” after “launch services” in subsection (a)(6); (E) by inserting “, reentries,” after “launches” both places it appears in subsection (a)(7); (F) by inserting “, reentry sites,” after “launch sites” in subsection (a)(8); (G) by inserting “and reentry services” after “launch services” in subsection (a)(8); (H) by inserting “reentry sites,” after “launch sites,” in subsection (a)(9); (I) by inserting “and reentry site” after “launch site” in subsection (a)(9); (J) by inserting “, reentry vehicles,” after “launch vehicles” in subsection (b)(2); (K) by striking “launch” in subsection (b)(2)(A); (L) by inserting “and reentry” after “conduct of commercial launch” in subsection (b)(3); (M) by striking “launch” after “and transfer commercial” in subsection (b)(3); and (N) by inserting “and development of reentry sites,” after “launch-site support facilities,” in subsection (b)(4); (3) in section 70102— (A) in paragraph (3)— 112 STAT. 2847 (i) by striking “and any payload” and inserting in lieu thereof “or reentry vehicle and any payload from Earth”; (ii) by striking the period at the end of subparagraph (C) and inserting in lieu thereof a comma; and (iii) by adding after subparagraph (C) the following: “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.”; (B) by inserting “or reentry vehicle” after “means of a launch vehicle” in paragraph (8); (C) by redesignating paragraphs (10), (11), and (12) as paragraphs (14), (15), and (16), respectively; (D) by inserting after paragraph (9) the following new paragraphs: “(10) ‘reenter’ and ‘reentry’ mean to return or attempt to return, purposefully, a reentry vehicle and its payload, if any, from Earth orbit or from outer space to Earth. “(11) ‘reentry services’ means— “(A) activities involved in the preparation of a reentry vehicle and its payload, if any, for reentry; and “(B) the conduct of a reentry. “(12) ‘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). “(13) ‘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.”; and (E) by inserting “or reentry services” after “launch services” each place it appears in paragraph (15), as so redesignated by subparagraph (C) of this paragraph; (4) in section 70103(b)— (A) by inserting “and Reentries” after “Launches” in the subsection heading; (B) by inserting “and reentries” after “commercial space launches” in paragraph (1); and (C) by inserting “and reentry” after “space launch” in paragraph (2); (5) in section 70104— (A) by amending the section designation and heading to read as follows: “§70104. Restrictions on launches, operations, and reentries”; (B) by inserting “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site” each place it appears in subsection (a); (C) by inserting “or reentry” after “launch or operation” in subsection (a)(3) and (4); (D) in subsection (b)— (i) by striking “launch license” and inserting in lieu thereof “license”; (ii) by inserting “or reenter” after “may launch”; and 112 STAT. 2848 (iii) by inserting “or reentering” after “related to launching”; and (E) in subsection (c)— (i) by amending the subsection heading to read as follows: “Preventing Launches and Reentries.—”; (ii) by inserting “or reentry” after “prevent the launch”; and (iii) by inserting “or reentry” after “decides the launch”; (6) in section 70105— (A) by inserting “(1)” before “A person may apply” in subsection (a); (B) by striking “receiving an application” both places it appears in subsection (a) and inserting in lieu thereof “accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D)”; (C) by adding at the end of subsection (a) the following: “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 a license is not issued 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 that may be used in conducting licensed commercial space launch or reentry activities”; (D) by inserting “or a reentry site, or the reentry of a reentry vehicle,” after “operation of a launch site” in subsection (b)(1); (E) by striking “or operation” and inserting in lieu thereof “, operation, or reentry” in subsection (b)(2)(A); (F) by striking “and” at the end of subsection (b)(2)(B); (G) by striking the period at the end of subsection (b)(2)(C) and inserting in lieu thereof “; and”; (H) by adding at the end of subsection (b)(2) the following new subparagraph: “(D) regulations establishing criteria for accepting or rejecting an application for a license under this chapter within 60 days after receipt of such application.”; and (I) by inserting “, including the requirement to obtain a license,” after “waive a requirement” in subsection (b)(3); (7) in section 70106(a)— (A) by inserting “or reentry site” after “observer at a launch site”; (B) by inserting “or reentry vehicle” after “assemble a launch vehicle”; and (C) by inserting “or reentry vehicle” after “with a launch vehicle”; (8) in section 70108— (A) by amending the section designation and heading to read as follows:112 STAT. 2849 “§70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries“; and (B) in subsection (a)— (i) by inserting “or reentry site, or reentry of a reentry vehicle,” after “operation of a launch site”; and (ii) by inserting “or reentry” after “launch or operation”; (9) in section 70109— (A) by amending the section designation and heading to read as follows: “§70109. Preemption of scheduled launches or reentries”; (B) in subsection (a)— (i) by inserting “or reentry” after “ensure that a launch”; (ii) by inserting “, reentry site,” after “United States Government launch site”; (iii) by inserting “or reentry date commitment” after “launch date commitment”; (iv) by inserting “or reentry” after “obtained for a launch”; (v) by inserting “, reentry site,” after “access to a launch site”; (vi) by inserting “, or services related to a reentry,” after “amount for launch services”; and (vii) by inserting “or reentry” after “the scheduled launch”; and (C) in subsection (c), by inserting “or reentry” after “prompt launching”; (10) in section 70110— (A) by inserting “or reentry” after “prevent the launch” in subsection (a)(2); and (B) by inserting “or reentry site, or reentry of a reentry vehicle,” after “operation of a launch site” in subsection (a)(3)(B); (11) in section 70111— (A) by inserting “or reentry” after “launch” in subsection (a)(1)(A); (B) by inserting “and reentry services” after “launch services” in subsection (a)(1)(B); (C) by inserting “or reentry services” after “or launch services” in subsection (a)(2); (D) by striking “source.” in subsection (a)(2) and inserting “source, whether such source is located on or off a Federal range.”; (E) by inserting “or reentry” after “commercial launch” both places it appears in subsection (b)(1); (F) by inserting “or reentry services” after “launch services” in subsection (b)(2)(C); (G) by inserting after subsection (b)(2) the following new paragraph: “(3) The Secretary shall ensure the establishment of uniform guidelines for, and consistent implementation of, this section by all Federal agencies”; 112 STAT. 2850 (H) by striking “or its payload for launch” in subsection (d) and inserting in lieu thereof “or reentry vehicle, or the payload of either, for launch or reentry”; and (I) by inserting “, reentry vehicle,” after “manufacturer of the launch vehicle” in subsection (d); (12) in section 70112— (A) in subsection (a)(1), by inserting “launch or reentry” after “(1) When a”; (B) by inserting “or reentry” after “one launch” in subsection (a)(3); (C) by inserting “or reentry services” after “launch services” in subsection (a)(4); (D) in subsection (b)(1), by inserting “launch or reentry” after “(1) A”; (E) by inserting “or reentry services” after “launch services” each place it appears in subsection (b); (F) by inserting “applicable” after “carried out under the” in paragraphs (1) and (2) of subsection (b); (G) by inserting “or Reentries” after “Launches” in the heading for subsection (e); (H) by inserting “or reentry site or a reentry” after “launch site” in subsection (e); and (I) in subsection (f), by inserting “launch or reentry” after “carried out under a”; (13) in section 70113(a)(1) and (d)(1) and (2), by inserting “or reentry” after “one launch” each place it appears; (14) in section 70115(b)(1)(D)(i)— (A) by inserting “reentry site,” after “launch site,”; and (B) by inserting “or reentry vehicle” after “launch vehicle” both places it appears; (15) in section 70117— (A) by inserting “or reentry site, or to reenter a reentry vehicle” after “operate a launch site” in subsection (a); (B) by inserting “or reentry” after “approval of a space launch” in subsection (d); (C) by amending subsection (f) to read as follows: “(f) Launch Not an Export; Reentry Not an Import.— A launch vehicle, reentry vehicle, or payload that is launched or reentered is not, because of the launch or reentry, an export or import, respectively, for purposes of a law controlling exports or imports, except that payloads launched pursuant to foreign trade zone procedures as provided for under the Foreign Trade Zones Act (19 U.S.C. 81a–81u) shall be considered exports with regard to customs entry.”; and (D) in subsection (g)— (i) by striking “operation of a launch vehicle or launch site,” in paragraph (1) and inserting in lieu thereof “reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site,”; and (ii) by inserting “reentry,” after “launch,” in paragraph (2); and (16) by adding at the end the following new sections:112 STAT. 2851 “§70120. Regulations “(a) In General.— The Secretary of Transportation, within 9 months after the date of the enactment of this section, shall issue regulations to carry out this chapter that include— “(1) guidelines for industry and State governments to obtain sufficient insurance coverage for potential damages to third parties; “(2) procedures for requesting and obtaining licenses to launch a commercial launch vehicle; “(3) procedures for requesting and obtaining operator licenses for launch; “(4) procedures for requesting and obtaining launch site operator licenses; and “(5) procedures for the application of government indemnification. “(b) Reentry.— The Secretary of Transportation, within 6 months after the date of the enactment of this section, shall issue a notice of proposed rulemaking to carry out this chapter that includes— “(1) procedures for requesting and obtaining licenses to reenter a reentry vehicle; “(2) procedures for requesting and obtaining operator licenses for reentry; and “(3) procedures for requesting and obtaining reentry site operator licenses. “§ 70121. Report to Congress “The Secretary of Transportation shall submit to Congress an annual report to accompany the President’s budget request that— “(1) describes all activities undertaken under this chapter, including a description of the process for the application for and approval of licenses under this chapter and recommendations for legislation that may further commercial launches and reentries; and “(2) reviews the performance of the regulatory activities and the effectiveness of the Office of Commercial Space Transportation.”. (b) Authorization of Appropriations.— Section 70119 of title 49, United States Code, is amended to read as follows: § 70119. Authorization of appropriations “There are authorized to be appropriated to the Secretary of Transportation for the activities of the Office of the Associate Administrator for Commercial Space Transportation— “(1) $6,275,000 for the fiscal year ending September 30, 1999; and “(2) $6,600,000 for the fiscal year ending September 30, 2000.”. (c) Effective Date.— The amendments made by subsection (a)(6)(B) shall take effect upon the effective date of final regulations issued pursuant to section 70105(b)(2)(D) of title 49, United States Code, as added by subsection (a)(6)(H).