[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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