108TH CONGRESS
2D SESSION
H. R. 3752
AN ACT
To promote the development of the emerging com-
mercial human space flight industry, to extend
the liability indemnification regime for the com-
mercial space transportation industry, to author-
ize appropriations for the Office of the Associate
Administrator for Commercial Space Transpor-
tation, 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. FINDINGS.
The Congress finds that—
(1) the goal of opening space to the American
people and their private commercial, scientific, and
cultural enterprises should guide Federal space in-
vestments, policies, and regulations;
(2) private industry has begun to develop com-
mercial launch vehicles capable of carrying human
beings into space, and greater private investment in
these efforts will stimulate the Nation’s commercial
space transportation industry as a whole;
(3) space transportation is inherently risky;
(4) a critical area of responsibility for the Of-
fice of the Associate Administrator for Commercial
Space Transportation is to regulate the emerging
commercial human space flight industry; and
(5) the public interest is served by creating a
clear legal and regulatory regime for commercial
human space flight.
SEC. 3. 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,’’; and
(2) in subsection (a)(4)—
(A) by striking ‘‘satellite’’; and
(B) by striking ‘‘services now available
from’’ and inserting ‘‘capabilities of’’.
(b) DEFINITIONS.—Section 70102 of title 49, United
States Code, is amended—
(1) by redesignating paragraphs (2) through
(17) as paragraphs (3), (4), (5), (6), (7), (8), (9),
(10), (12), (13), (14), (15), (16), (18), (21), and
(22), respectively;
(2) by inserting after paragraph (1) the fol-
lowing new paragraph:
‘‘(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) in paragraph (4), as so redesignated by
paragraph (1) of this subsection, by inserting ‘‘,
crew, or space flight participant’’ after ‘‘any pay-
load’’;
(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) ‘permit’ means an experimental permit
issued under section 70105.’’.
(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) ‘suborbital rocket’ means a rocket-pro-
pelled vehicle intended for flight on a suborbital tra-
jectory whose thrust is greater than its lift for the
majority of the powered portion of its flight.
‘‘(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(a) of title 49, United States Code, is amended
by inserting ‘‘, through the Associate Administrator for
Commercial Space Transportation,’’ after ‘‘Secretary of
Transportation’’.
(2) Section 70103(b)(1) of title 49, United States
Code, is amended by inserting ‘‘, including those involving
space flight participants’’ after ‘‘private sector’’.
(3) Section 70104(a) of title 49, United States Code,
is amended—
(A) by striking ‘‘LICENSE REQUIREMENT.—A
license issued or transferred under this chapter’’ and
inserting ‘‘REQUIREMENT.—A license issued or
transferred under this chapter, or a permit,’’; and
(B) by inserting after paragraph (4) the fol-
lowing:
‘‘Notwithstanding this subsection, a permit shall not au-
thorize 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) The section heading of section 70105 of title 49,
United States Code, is amended by striking ‘‘License
applications’’ and inserting ‘‘Applications’’, and
the item relating to that section in the table of sections
for chapter 701 of title 49, United States Code, is amend-
ed accordingly.
(6) Section 70105(a) of title 49, United States Code,
is amended—
(A) by striking ‘‘APPLICATIONS.— ’’ and insert-
ing ‘‘LICENSES.—’’;
(B) in paragraph (1), by striking ‘‘subsection
(b)(2)(D)’’ both places it appears and inserting
‘‘subsection (c)(2)(D)’’; and
(C) in paragraph (2), by inserting ‘‘, including
crews,’’ after ‘‘or personnel’’.
(7) Section 70105 of title 49, United States Code,
is amended by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively, and by inserting after
subsection (a) the following new subsection:
‘‘(b) EXPERIMENTAL PERMITS.—(1) A person may
apply to the Secretary of Transportation for an experi-
mental permit under this subsection in the form and man-
ner 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 Sec-
retary, not later than 90 days after receiving an applica-
tion pursuant to this subsection, shall issue a permit if
the Secretary decides in writing that the applicant com-
plies, 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 60 days after receiving an appli-
cation. 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 occur-
rence when a permit is not issued within the deadline es-
tablished 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, serv-
ices, or personnel, including crews, that may be used in
conducting commercial space launch or reentry activities
pursuant to a permit.
‘‘(3) In order to encourage the development of a com-
mercial space flight industry, the Secretary, to the great-
est extent practicable, shall when issuing permits use the
authority granted under subsection (c)(2)(C).
‘‘(4) The Secretary may issue a permit only for reus-
able suborbital rockets that will be launched or reentered
solely for—
‘‘(A) research and development to test new de-
sign concepts, new equipment, or new operating
techniques;
‘‘(B) showing compliance with requirements as
part of the process for obtaining a license under this
chapter; or
‘‘(C) crew training prior to obtaining a license
for a launch or reentry using the design of the rock-
et for which the permit would be issued.
‘‘(5) Permits issued under this subsection shall—
‘‘(A) authorize an unlimited number of launches
and reentries for a particular suborbital rocket de-
sign for the uses described in paragraph (4); and
‘‘(B) specify the modifications that may be
made to the suborbital rocket without changing the
design to an extent that would invalidate the permit.
‘‘(6) Permits shall not be transferable.
‘‘(7) A permit may not be issued for, and a permit
that has already been issued shall cease to be valid for,
a particular design for a reusable suborbital rocket after
a license has been issued for the launch or reentry of a
rocket of that design.
‘‘(8) No person may operate a reusable suborbital
rocket under a permit for carrying any property or human
being for compensation or hire.
‘‘(9) For the purposes of sections 70106, 70107,
70108, 70109, 70110, 70112, 70115, 70116, 70117, and
70121 of this chapter—
‘‘(A) a permit shall be considered a license;
‘‘(B) the holder of a permit shall be considered
a licensee;
‘‘(C) a vehicle operating under a permit shall be
considered to be licensed; and
‘‘(D) the issuance of a permit shall be consid-
ered licensing.
This paragraph shall not be construed to allow the trans-
fer of a permit.’’.
(8) Section 70105(c)(1) of title 49, United States
Code, as so redesignated by paragraph (7) of this sub-
section, is amended by inserting ‘‘or permit’’ after ‘‘for
a license’’.
(9) Section 70105(c)(2)(B) of title 49, United States
Code, as so redesignated by paragraph (7) of this sub-
section, is amended by striking ‘‘an additional require-
ment’’ and inserting ‘‘any additional requirement’’.
(10) Section 70105(c)(2)(C) of title 49, United
States Code, as so redesignated by paragraph (7) of this
subsection, is amended by inserting ‘‘or permit’’ after ‘‘for
a license’’.
(11) Section 70105(c)(2)(D) of title 49, United
States Code, as so redesignated by paragraph (7) of this
subsection, is amended by inserting ‘‘or permit’’ after ‘‘for
a license’’.
(12) Section 70105(c)(3) of title 49, United States
Code, as so redesignated by paragraph (7) of this sub-
section, is amended by adding at the end the following:
‘‘Nothing in this paragraph shall be construed to allow
the launch or reentry of a launch vehicle or a reentry vehi-
cle without a license or permit if a human being will be
on board.’’.
(13) Section 70105(c) of title 49, United States
Code, as so redesignated by paragraph (7) of this sub-
section, 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 specified in the
license or permit in accordance with regulations pro-
mulgated by the Secretary; and
‘‘(B) 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 promul-
gated by the Secretary, the holder of the license or
permit has informed the space flight participant in
writing about the risks of the launch or reentry, in-
cluding the safety record of the launch or reentry ve-
hicle type, and the space flight participant has pro-
vided written informed consent to participation in
the launch or reentry; and
‘‘(B) the holder of the license or permit and
space flight participant have complied with all re-
quirements of the laws of the United States related
to launching or reentering a space flight partici-
pant.’’.
(14) Section 70105(d) of title 49, United States
Code, as so redesignated by paragraph (7) of this sub-
section, is amended by inserting ‘‘or permit’’ after ‘‘of a
license’’.
(15) Section 70106(a) of title 49, United States
Code, is amended—
(A) by inserting ‘‘at a site used for crew train-
ing,’’ after ‘‘assemble a launch vehicle or reentry ve-
hicle,’’; and