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The purpose of this memorandum is to provide you with information regarding relevant federal legislation that was considered during the 108^th session of Congress.  This session of Congress will end on or before December 31, 2004, and any legislation not passed before that time must be reintroduced in order to be considered during the 109^th session of Congress.  The information in this memo includes a brief summary of the legislation, the date of its introduction, its original sponsor, co-sponsors, and disposition.  Additional details regarding the following legislation can be found online at http://thomas.loc.gov. 

U.S. HOUSE OF REPRESENTATIVES

H.R. 586 – Aeronautics Research and Development RevitalizationAct – Would authorize funding at NASA and FAA for technologies that enable future aircraft with significantly lower noise, emissions, and fuel consumption; make performance improvements to existing rotorcraft and enable overland flight of supersonic civil transport aircraft.  Introduced by Rep. John Larson (Democrat, Connecticut) on February 5, 2003.  As of its final consideration, there were 31 co-sponsors.  This legislation did not pass either house of Congress. 

H.R. 644 – Spaceport Equality Act – Would provide federal tax exemption for bonds issued that fund spaceport infrastructure.  Introduced by Rep. Dave Weldon (Republican, Florida) on February 5, 2003.  As of its final consideration, there was one co-sponsor, Rep. Lois Capps (Democrat, California).   This legislation did not pass either house of Congress.  

H.R. 766 – Nanotechnology Research and Development Act – Would implement National Nanotechnology Research and Development program to promote federal nanotechnology research, development, demonstration, education, technology transfer, and commercial application activities.  Bill includes multi-year authorizations at NASA, National Science Foundation, Department of Energy, National Institute of Standards and Technology, and EPA.  Introduced by Rep. Sherwood Boehlert (Republican, New York) on February 13, 2003.  The House of Representatives passed this legislation on May 7, 2003, and the Senate passed its version of the legislation (S. 189) on December 3, 2003.  The bill is now Public Law 108-153.

H.R. 914 – Zero Gravity, Zero Tax – Would provide tax incentives for individuals who invest in space-related activities such as any product or service produced in outer space.  Introduced by Rep. Dana Rohrabacher (Republican, California) on February 25, 2003.  As of its final consideration, there were four co-sponsors, including Rep. Ken Calvert (Republican, California) and Rep. Jane Harman (Democrat, California).  This bill was not passed by either house of Congress. 

H.R. 1085 – NASA Flexibility Act – Would provide incentives for some existing NASA employees in order to increase retention and potential employees in order to increase ability to attract.  Introduced by Rep. Sherwood Boehlert (Republican, New York) on March 5, 2003.  The House approved this bill on January 28, 2004.  The Senate approved its version of the bill (S. 610) on November 24, 2003.  The final bill authorizes funding for college scholarships for students who major in subjects to be determined by the NASA administrator (expected to include science, math and engineering) in exchange for an agreement to work for NASA for up to four years.  The President signed this bill into law on February 24.  It is now Public Law 108-201.

H.R. 1292 – Remote Sensing Applications Act – Rep. Mark Udall (Democrat, Colorado)  introduced this legislation on March 13, 2003.  As of the date of its final consideration, there were five co-sponsors, including Rep. Dana Rohrabacher (Republican, California).  The bill was passed by the House Subcommittee on Space and Aeronautics on October 8, 2003, and the House Science Committee on February 4, 2004.  However, the bill was not passed by either house of Congress.

H.R. 1950 – Millennium Challenge Account, Peace Corps Expansion and Foreign Relationse Authorization Act – Provides funding for Department of State.  Amendment introduced by Rep. Dana Rohrabacher (Republican, California) would have returned to executive branch authority to add and delete items from U.S. Munitions List.  Bill, with amendment, reported out of House International Relations Committee on May 16, 2003.  Bill, without amendment, passed by House on July 16 and sent to Senate for its consideration. This bill was incorporated in an Omnibus Act (H.R. 2673), which became Public Law 108-199 on January 23, 2004.

H.R. 2358 – Invest in Space Now Act – Provides tax incentives for individuals who invest in companies that build launch vehicles which significantly lower the cost of launch.  Rep. Ken Calvert (Republican, California) and Rep. Solomon Ortiz (Democrat, Texas) introduced this legislation on June 5, 2003.  As of the date of its final consideration, there were 16 co-sponsors to this bill, including Reps. John Doolittle (Republican, California), Lois Capps (Democrat, California), and Duke Cunningham (Republican, California).  This bill was not passed by either house of Congress 

H.R. 3245  - Commercial Space Act of 2003 - Would provide FAA’s Office of Space Transportation with authority to license commercial human spaceflight.  Would also extend third party indemnification for U.S. launches for an additional three years.  Would further provide funding in fiscal years 2004 and 2005 for that FAA office as well as the Office of Space Commerce within the U.S. Department of Commerce.  Introduced by Rep. Dana Rohrabacher (Republican, California) on October 2, 2003.  As of the date of its final consideration, there were two co-sponsors.  Legislation was approved by the House Space and Aeronautics Subcommittee on October 8, 2003.  This bill was not passed by either house of Congress, but the majority of its substance was included in HR 5245 and HR 5382.

H.R. 3590 – Technology Education Incentive Act of 2004 – Would allow employers a credit against income tax to encourage them to have their employees provide volunteer services that aid science, mathematics, and engineering education in grades K-12.  Introduced by Rep. Bud Cramer (Democrat, Alabama) on November 21, 2003.  There were no co-sponsors.  This bill was not passed by either house on Congress. 

H.R. 3752 – Commercial Space Launch Amendments Act of 2004 – Would promote the development of an emerging commercial human space flight industry (tourism) by putting in place a clear, balance regulatory regime within the FAA’s Office of Commercial Space Transportation.  Act would also extend existing liability indemnification regime for commercial space transportation industry for three years (excluding flights conducted under experimental permits).  Introduced by Rep. Dana Rohrabacher (Republican, California) on February 3, 2004.  Approved by House Science Committee on February 4, 2004.  Passed by the House of Representatives on March 4, 2004.  Possible companion bills are S. 1260 and S. 2772.  This bill was not passed by either house of Congress, but the majority of its substance was included in HR 5245 and HR 5382.

H.R. 5245 – Would extend for five years federal indemnification for third party liability of licensed launches.  Introduced by Rep. Sherwood Boehlert on November 30, 2004.  This bill was passed by the House of Representatives on October 8, 2004, and by the Senate on November 16, 2004.  The bill was signed by the President on November 30, 2004, and became Public Law 108-428.

S. 610 – NASA Flexibility Act – Companion bill to HR 1085.  Introduced by Sen. George Voinovich (Republican, Ohio) on March 13.  As of this date, there are nine co-sponsors.  Bill passed by Senate on November 24, 2003, and by House on January 28, 2004.  The President signed this bill into law on February 24, 2004.  It is now Public Law 108-201.

S. 724 – Would exempt certain rocket propellants from prohibitions on explosive materials.  This legislation is necessary in order to allow students and rocket hobbyists to continue their pursuits despite restrictions in the Homeland Security Act, which were meant to target terrorists.  Introduced by Sen. Michael Enzi (Republican, Wyoming) on March 27, 2003.  As of the date of its final consideration, there were 13 co-sponsors.   This bill was not passed by either house of Congress.

S. 1260 – Commercial Space Transportation Act – Would promote development of commercial space transportation industry and authorize appropriations for Office of Associate Administrator for Commercial Space Transportation.  Introduced by Sen. John McCain on June 13, 2003.  This bill was replaced by HR 5382.

S.1821 – National Space Commission Act - Would create permanent commission composed of 12 members of industry, professionals, and academe to advise President and Congress ongoing space issues, including Orbital Space Place Program, return-to-flight and return-to-operations of space shuttle, and recommended changes to NASA’s management, engineering, and safety cultures.  Introduced by Sen. Fritz Hollings (Democrat, South Carolina) on November 5, 2003.  As of the date of its final consideration, there were six co-sponsors.  This bill was not passed by either house of Congress. 

S. 2541 – NASA Authorization Act of 2004 – Original bill, introduced by Sen. John McCain (Republican, Arizona) on June 17, 2004, would provide NASA with full funding for FY 2005 and authorization of appropriations through FY 2009.  Would also support in policy space exploration initiative introduced by President Bush.  Substitute amended, introduced by Sen. Fritz Hollings (Democrat, South Carolina) on July 22, 2004, would provide NASA with less than full funding for FY2005 and not support space exploration initiative.  This bill was not passed by either house of Congress.

S. 2772 – Space Commercial Human Ascent Serving Expeditions Act – Would specify which organization within FAA is responsible for licensing suborbital launch vehicles, extend for three years third party indemnification for launches, and authorize funding for FAA/OST through FY 2007.  Bill introduced by Sen. Jim Inhofe (Republican, Oklahoma) on July 22, 2004.  There were no co-sponsors.  The substance of this bill was addressed in HR 5382.

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