I 
108TH CONGRESS 
2D SESSION 
H. R. 5382 
To promote the development of the emerging commercial human space flight 
industry, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2004 
Mr. ROHRABACHER (for himself, Mr. BOEHLERT, and Mr. GORDON) 
introduced the following bill; which was referred to the Committee on Science 
A BILL 
To promote the development of the emerging commercial 
human space flight industry, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commercial Space 
Launch Amendments Act of 2004’’. 
SEC. 2. AMENDMENTS. 
(a) FINDINGS AND PURPOSES.—Section 70101 of 
title 49, United States Code, is amended— 
(1) in subsection (a)(3), by inserting ‘‘human 
space flight,’’ after ‘‘microgravity research,’’;
(2) in subsection (a)(4)— 
(A) by striking ‘‘satellite’’; and 
(B) by striking ‘‘services now available 
from’’ and inserting ‘‘capabilities of’’; 
(3) in subsection (a)(8), by striking ‘‘and’’ at 
the end; 
(4) in subsection (a)(9), by striking the period 
and inserting a semicolon; 
(5) by adding at the end of subsection (a) the 
following new paragraphs: 
‘‘(10) the goal of safely opening space to the 
American people and their private commercial, sci-
entific, and cultural enterprises should guide Federal 
space investments, policies, and regulations; 
‘‘(11) private industry has begun to develop 
commercial launch vehicles capable of carrying 
human beings into space and greater private invest-
ment in these efforts will stimulate the Nation’s 
commercial space transportation industry as a 
whole; 
‘‘(12) space transportation is inherently risky, 
and the future of the commercial human space flight 
industry will depend on its ability to continually im-
prove its safety performance;
(4) in paragraph (6)(A), as so redesignated by 
paragraph (1) of this subsection, by striking ‘‘and 
payload’’ and inserting ‘‘, payload, crew (including 
crew training), or space flight participant’’; 
(5) in paragraph (8)(A), as so redesignated by 
paragraph (1) of this subsection, by inserting ‘‘or 
human beings’’ after ‘‘place a payload’’; 
(6) by inserting after paragraph (10), as so re-
designated by paragraph (1) of this subsection, the 
following new paragraph: 
‘‘(11) except in section 70104(c), ‘permit’ 
means an experimental permit issued under section 
70105a.’’; 
(7) in paragraph (13), as so redesignated by 
paragraph (1) of this subsection, by inserting ‘‘crew, 
or space flight participants,’’ after ‘‘and its pay-
load,’’; 
(8) in paragraph (14)(A), as so redesignated by 
paragraph (1) of this subsection, by striking ‘‘and 
its payload’’ inserting ‘‘and payload, crew (including 
crew training), or space flight participant’’; 
(9) by inserting after paragraph (16), as so re-
designated by paragraph (1) of this subsection, the 
following new paragraph:
‘‘(17) ‘space flight participant’ means an indi-
vidual, who is not crew, carried within a launch vehi-
cle or reentry vehicle.’’; 
(10) by inserting after paragraph (18), as so 
redesignated by paragraph (1) of this subsection, the 
following new paragraphs: 
‘‘(19) unless and until regulations take effect 
under section 70120(c)(2), ‘suborbital rocket’ means 
a vehicle, rocket-propelled in whole or in part, in-
tended for flight on a suborbital trajectory, and the 
thrust of which is greater than its lift for the major-
ity of the rocket-powered portion of its ascent. 
‘‘(20) ‘suborbital trajectory’ means the inten-
tional 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.’’; and 
(11) in paragraph (21), as so redesignated by 
paragraph (1) of this subsection— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (C); 
(B) by striking the period at the end of 
subparagraph (D) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph:
‘‘(E) crew or space flight participants.’’. 
(c) COMMERCIAL HUMAN SPACE FLIGHT.—(1) Sec-
tion 70103(b)(1) of title 49, United States Code, is 
amended by inserting ‘‘, including those involving space 
flight participants’’ after ‘‘private sector’’. 
(2) Section 70103 of title 49, United States Code, 
is amended by redesignating subsection (c) as subsection 
(d), and by inserting after subsection (b) the following new 
subsection: 
‘‘(c) SAFETY.—In carrying out the responsibilities 
under subsection (b), the Secretary shall encourage, facili-
tate, and promote the continuous improvement of the safe-
ty of launch vehicles designed to carry humans, and the 
Secretary may, consistent with this chapter, promulgate 
regulations to carry out this subsection.’’. 
(3) Section 70104(a) of title 49, United States Code, 
is amended— 
(A) by striking ‘‘License Requirement.—A li-
cense issued or transferred under this chapter’’ and 
inserting ‘‘Requirement.—A license issued or trans-
ferred under this chapter, or a permit,’’; and 
(B) by inserting after paragraph (4) the fol-
lowing: ‘‘Notwithstanding this subsection, a permit 
shall not authorize a person to operate a launch site 
or reentry site.’’.
(4) Section 70104(b) of title 49, United States Code, 
is amended by inserting ‘‘or permit’’ after ‘‘holder of a 
license’’. 
(5) Section 70104 of title 49, United States Code, 
is amended by adding at the end the following new sub-
section: 
‘‘(d) SINGLE LICENSE OR PERMIT.—The Secretary 
of Transportation shall ensure that only 1 license or per-
mit is required from the Department of Transportation 
to conduct activities involving crew or space flight partici-
pants, including launch and reentry, for which a license 
or permit is required under this chapter. The Secretary 
shall ensure that all Department of Transportation regula-
tions relevant to the licensed or permitted activity are sat-
isfied.’’. 
(6) Section 70105(a) of title 49, United States Code, 
is amended— 
(A) in paragraph (1), by striking ‘‘a license is 
not issued’’ and inserting ‘‘the Secretary has not 
taken action on a license application’’; and 
(B) in paragraph (2), by inserting ‘‘(including 
approval procedures for the purpose of protecting 
the health and safety of crews and space flight par-
ticipants, to the extent permitted by subsections (b) 
and (c))’’ after ‘‘or personnel’’.
(7) Section 70105(b)(1) of title 49, United States 
Code, is amended by inserting ‘‘or permit’’ after ‘‘for a 
license’’. 
(8) Section 70105(b)(2)(B) of title 49, United States 
Code, is amended by striking ‘‘an additional requirement 
necessary to protect’’ and inserting ‘‘any additional re-
quirement necessary to protect’’. 
(9) Section 70105(b)(2)(C) of title 49, United States 
Code, is amended— 
(A) by inserting ‘‘or permit’’ after ‘‘for a li-
cense’’; and 
(B) by striking ‘‘and’’ at the end thereof. 
(10) Section 70105(b)(2) of title 49, United States 
Code, is amended by redesignating subparagraph (D) as 
subparagraph (E) and inserting after subparagraph (C) 
the following new subparagraph: 
‘‘(D) additional license requirements, for a 
launch vehicle carrying a human being for com-
pensation or hire, necessary to protect the 
health and safety of crew or space flight partici-
pants, only if such requirements are imposed 
pursuant to final regulations issued in accord-
ance with subsection (c); and’’. 
(11) Section 70105(b)(2)(E) of title 49, United 
States Code, as so redesignated by paragraph (11) of this
subsection, is amended by inserting ‘‘or permit’’ after ‘‘for 
a license’’. 
(12) Section 70105(b)(3) of title 49, United States 
Code, is amended by adding at the end the following: ‘‘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 without a license or permit if a human 
being will be on board.’’. 
(13) Section 70105(b) of title 49, United States 
Code, is amended by adding at the end the following new 
paragraphs: 
‘‘(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 speci-
fied 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 cer-
tified 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 pro-
mulgated by the Secretary, the holder of the li-
cense 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 partici-
pant in writing of any relevant information re-
lated to risk or probable loss during each phase 
of flight gathered by the Secretary in making 
the 
determination 
required 
by 
section 
70112(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 agree-
ment 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 pro-
mulgated by the Secretary, the space flight par-
ticipant has provided written informed consent 
to participate in the launch and reentry and 
written certification of compliance with any reg-
ulations 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 re-
quiring space flight participants to undergo an ap-
propriate 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 en-
actment of the Commercial Space Launch Amend-
ments Act of 2004.
‘‘(B) The Secretary may issue additional regu-
lations 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 en-
actment of the Commercial Space Launch Amend-
ments Act of 2004.’’. 
(14) Section 70105 of title 49, United States Code, 
is amended by redesignating subsection (c) as subsection 
(d), and by adding after subsection (b) the following new 
subsection: 
‘‘(c) SAFETY REGULATIONS.—(1) The Secretary may 
issue regulations governing the design or operation of a 
launch vehicle to protect the health and safety of crew and 
space flight participants. 
‘‘(2) 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 de-
sign features or operating practices that—
‘‘(i) have resulted in a serious or fatal in-
jury (as defined in 49 C.F.R. 830, as in effect 
on November 10, 2004) to crew 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 C.F.R. 830, as in effect on No-
vember 10, 2004) to crew or space flight par-
ticipants; and 
‘‘(D) be issued with a description of the in-
stance or instances when the design feature or oper-
ating practice being restricted or prohibited contrib-
uted to a result or event described in subparagraph 
(C). 
‘‘(3) Beginning 8 years after the date of enactment 
of the Commercial Space Launch Amendments Act of 
2004, the Secretary may propose regulations under this 
subsection without regard to paragraph (2)(C) and (D). 
Any such regulations shall take into consideration the 
evolving standards of safety in the commercial space flight 
industry.
‘‘(4) 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, safe-
ty of property, national security interests, and foreign pol-
icy interests of the United States.’’. 
(15) Section 70105(d) of title 49, United States 
Code, as so redesignated by paragraph (15) of this sub-
section, is amended by inserting ‘‘or permit’’ after ‘‘of a 
license’’. 
(16) Chapter 701 of title 49, United States Code, is 
amended by inserting after section 70105 the following 
new section: 
‘‘§ 70105a. Experimental permits 
‘‘(a) A person may apply to the Secretary of Trans-
portation for an experimental permit under this section 
in the form and manner the Secretary prescribes. Con-
sistent 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 appli-
cant 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 Sec-
retary 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, serv-
ices, or personnel that may be used in conducting commer-
cial space launch or reentry activities pursuant to a per-
mit. 
‘‘(c) In order to encourage the development of a com-
mercial space flight industry, the Secretary may when 
issuing permits use the authority granted under section 
70105(b)(2)(C). 
‘‘(d) The Secretary may issue a permit only for reus-
able suborbital rockets that will be launched or reentered 
solely for— 
‘‘(1) research and development to test new de-
sign concepts, new equipment, or new operating 
techniques;
‘‘(i) For the purposes of sections 70106, 70107, 
70108, 70109, 70110, 70112, 70115, 70116, 70117, and 
70121 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 consid-
ered licensing. 
This subsection shall not be construed to allow the 
transfer of a permit.’’. 
(17) Section 70106(a) of title 49, United States 
Code, is amended— 
(A) by inserting ‘‘at a site used for crew or 
space flight participant training,’’ after ‘‘assemble a 
launch vehicle or reentry vehicle,’’; and 
(B) by striking ‘‘section 70104(c)’’ and insert-
ing ‘‘sections 70104(c), 70105, and 70105a’’. 
(18) Section 70107(b) of title 49, United States 
Code, is amended— 
(A) by inserting ‘‘(1)’’ before ‘‘On the initia-
tive’’; and 
(B) by adding the following new paragraph at 
the end:
‘‘(2) The Secretary shall modify a license issued 
or transferred under this chapter whenever a modi-
fication is needed for the license to be in conformity 
with a regulation that was issued pursuant to sec-
tion 70105(c) after the issuance of the license. This 
paragraph shall not apply to permits.’’. 
(19) Section 70107 of title 49, United States Code, 
is amended by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively, and by inserting after 
subsection (c) the following new subsection: 
‘‘(d) ADDITIONAL SUSPENSIONS.—(1) The Secretary 
may suspend a license when a previous launch or reentry 
under the license has resulted in a serious or fatal injury 
(as defined in 49 C.F.R. 830, as in effect on November 
10, 2004) to crew or space flight participants and the Sec-
retary has determined that continued operations under the 
license are likely to cause additional serious or fatal injury 
(as defined in 49 C.F.R. 830, as in effect on November 
10, 2004) to crew or space flight participants. 
‘‘(2) Any suspension imposed under this subsection 
shall be for as brief a period as possible and, in any event, 
shall cease when the Secretary— 
‘‘(A) has determined that the licensee has taken 
sufficient steps to reduce the likelihood of a recur-
rence of the serious or fatal injury; or
‘‘(B) has modified the license pursuant to sub-
section (b) to sufficiently reduce the likelihood of a 
recurrence of the serious or fatal injury. 
‘‘(3) This subsection shall not apply to permits.’’. 
(20) Section 70110(a)(1) of title 49, United States 
Code, is amended by inserting ‘‘or 70105a’’ after 
‘‘70105(a)’’. 
(21) Section 70112(b)(2) of title 49, United States 
Code, is amended— 
(A) by inserting ‘‘crew, space flight partici-
pants,’’ after ‘‘transferee, contractors, subcontrac-
tors,’’; and 
(B) by inserting ‘‘or by space flight partici-
pants,’’ after ‘‘its own employees’’. 
(22) Section 70113(a)(1) of title 49, United States 
Code, is amended by inserting ‘‘but not against a space 
flight participant,’’ after ‘‘subcontractor of a customer,’’. 
(23) Section 70113(f) of title 49, United States Code, 
is amended by inserting at the end the following: ‘‘This 
section does not apply to permits.’’. 
(24) Section 70115(b)(1)(D)(i) of title 49, United 
States Code, is amended by inserting ‘‘crew or space flight 
participant training site,’’ after ‘‘site of a launch vehicle 
or reentry vehicle,’’.
(25) Section 70120 of title 49, United States Code, 
is amended by adding at the end the following new sub-
sections: 
‘‘(c) AMENDMENTS.—(1) Not later than 12 months 
after the date of enactment of the Commercial Space 
Launch Amendments Act of 2004, the Secretary shall 
publish proposed regulations to carry out that Act, includ-
ing regulations relating to crew, space flight participants, 
and permits for launch or reentry of reusable suborbital 
rockets. Not later than 18 months after such date of en-
actment, the Secretary shall issue final regulations. 
‘‘(2)(A) Starting 3 years after the date of enactment 
of the Commercial Space Launch Amendments Act of 
2004, the Secretary may issue final regulations changing 
the definition of suborbital rocket under this chapter. No 
such regulation may take effect until 180 days after the 
Secretary has submitted the regulation to the Congress. 
‘‘(B) The Secretary may issue regulations under this 
paragraph only if the Secretary has determined that the 
definition in section 70102 does not describe, or will not 
continue to describe, all appropriate vehicles and only 
those vehicles. In making that determination, the Sec-
retary shall take into account the evolving nature of the 
commercial space launch industry.
‘‘(d) EFFECTIVE DATE.—(1) Licenses for the launch 
or reentry of launch vehicles or reentry vehicles with 
human beings on board and permits may be issued by the 
Secretary prior to the issuance of the regulations de-
scribed in subsection (c). 
‘‘(2) As soon as practicable after the date of enact-
ment of the Commercial Space Launch Amendments Act 
of 2004, the Secretary shall issue guidelines or advisory 
circulars to guide the implementation of that Act until 
regulations are issued. 
‘‘(3) Notwithstanding paragraphs (1) and (2), no li-
censes for the launch or reentry of launch vehicles or re-
entry vehicles with human beings on board or permits may 
be issued starting three years after the date of enactment 
of the Commercial Space Launch Amendments Act of 
2004 unless the final regulations described in subsection 
(c) have been issued.’’. 
(26) The table of sections for chapter 701 of title 49, 
United States Code, is amended by inserting after the 
item relating to 70105 the following new item: 
‘‘70105a. Experimental permits.’’. 
SEC. 3. STUDIES. 
(a) RISK SHARING.—Not later than 60 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall enter into an arrangement with a nonprofit 
entity for the conduct of an independent comprehensive