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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
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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; 
‘‘(13) a critical area of responsibility for the 
Department of Transportation is to regulate the op-
erations and safety of the emerging commercial 
human space flight industry; 
‘‘(14) the public interest is served by creating 
a clear legal, regulatory, and safety regime for com-
mercial human space flight; and 
‘‘(15) the regulatory standards governing 
human space flight must evolve as the industry ma-
tures so that regulations neither stifle technology de-
velopment nor expose crew or space flight partici-
pants to avoidable risks as the public comes to ex-
pect greater safety for crew and space flight partici-
pants from the industry.’’; 
(6) in subsection (b)(2)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(B) by inserting ‘‘and’’ after the semicolon 
in subparagraph (B); and
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(C) by adding at the end the following new 
subparagraph: 
‘‘(C) promoting the continuous improve-
ment of the safety of launch vehicles designed 
to 
carry 
humans, 
including 
through 
the 
issuance of regulations, to the extent permitted 
by this chapter;’’; and 
(7) in subsection (b)(3), by striking ‘‘issue and 
transfer’’ and inserting ‘‘issue permits and commer-
cial licenses and transfer’’. 
(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.’’;
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(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) 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’’;
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(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);
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(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
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(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
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(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-
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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
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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
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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-
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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;
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‘‘(B) apply only to launches in which a ve-
hicle will be carrying a human being for com-
pensation or hire; 
‘‘(C) be limited to restricting or prohibiting 
design features or operating practices that— 
‘‘(i) have resulted in a serious or fatal 
injury (as defined in 49 CFR 830, as in ef-
fect 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 
CFR 830, as in effect on November 10, 
2004) to crew or space flight participants; 
and 
‘‘(D) be issued with a description of the in-
stance or instances when the design feature or 
operating practice being restricted or prohibited 
contributed to a result or event described in 
subparagraph (C).
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‘‘(3) Beginning 8 years after the date of enact-
ment 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 con-
strued to limit the authority of the Secretary to 
issue requirements or regulations to protect the pub-
lic health and safety, safety of property, national se-
curity interests, and foreign policy 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,
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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
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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; 
‘‘(2) showing compliance with requirements as 
part of the process for obtaining a license under this 
chapter; or 
‘‘(3) 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. 
‘‘(e) Permits issued under this section shall— 
‘‘(1) authorize an unlimited number of launches 
and reentries for a particular suborbital rocket de-
sign for the uses described in subsection (d); and 
‘‘(2) specify the type of modifications that may 
be made to the suborbital rocket without changing 
the design to an extent that would invalidate the 
permit. 
‘‘(f) Permits shall not be transferable. 
‘‘(g) A permit may not be issued for, and a permit 
that has already been issued shall cease to be valid for,
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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. 
‘‘(h) No person may operate a reusable suborbital 
rocket under a permit for carrying any property or human 
being for compensation or hire. 
‘‘(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’’.
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(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 CFR 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 CFR 830, as in effect on November 10, 
2004) to crew or space flight participants.
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‘‘(2) Any suspension imposed under this sub-
section 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 recurrence of the serious or fatal injury; or 
‘‘(B) has modified the license pursuant to 
subsection (b) to sufficiently reduce the likeli-
hood of a recurrence of the serious or fatal in-
jury. 
‘‘(3) This subsection shall not apply to per-
mits.’’. 
(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,’’.
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(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 en-
actment of the Commercial Space Launch Amend-
ments 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.
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‘‘(B) The Secretary may issue regulations 
under this paragraph only if the Secretary has de-
termined that the definition in section 70102 does 
not describe, or will not continue to describe, all ap-
propriate vehicles and only those vehicles. In making 
that determination, the Secretary shall take into ac-
count 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 en-
actment of the Commercial Space Launch Amend-
ments Act of 2004, the Secretary shall issue guide-
lines or advisory circulars to guide the implementa-
tion of that Act until regulations are issued. 
‘‘(3) Notwithstanding paragraphs (1) and (2), 
no licenses for the launch or reentry of launch vehi-
cles or reentry 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
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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 
study of the liability risk sharing regime in the United 
States for commercial space transportation under section 
70113 of title 49, United States Code. To ensure that 
Congress has a full analysis of the liability risk sharing 
regime, the study shall assess methods by which the cur-
rent system could be eliminated, including an estimate of 
the time required to implement each of the methods as-
sessed. The study shall assess whether any alternative 
steps would be needed to maintain a viable and competi-
tive United States space transportation industry if the 
current regime were eliminated. In conducting the assess-
ment under this subsection, input from commercial space 
transportation insurance experts shall be sought. The 
study also shall examine liability risk sharing in other na-
tions with commercial launch capability and evaluate the
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direct and indirect impact that ending this regime would 
have on the competitiveness of the United States commer-
cial space launch industry in relation to foreign commer-
cial launch providers and on United States assured access 
to space. 
(b) SAFETY.—The Secretary of Transportation, in 
consultation with the Administrator of the National Aero-
nautics and Space Administration, shall enter into an ar-
rangement with a nonprofit entity for a report analyzing 
safety issues related to launching human beings into 
space. In designing the study, the Secretary should take 
into account any recommendations from the Commercial 
Space Transportation Advisory Committee and the Na-
tional Aeronautics and Space Administration’s Aerospace 
Safety Advisory Panel. The report shall be submitted to 
the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on 
Science within 4 years of the date of enactment of this 
Act. The report shall analyze and make recommendations 
about— 
(1) the standards of safety and concepts of op-
eration that should guide the regulation of human 
space flight and whether the standard of safety 
should vary by class or type of vehicle, the purpose 
of flight, or other considerations;
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(2) the effectiveness of the commercial licensing 
and permitting regime under chapter 701 of title 49, 
United States Code, particularly in ensuring the 
safety of the public and of crew and space flight par-
ticipants during launch, in-space transit, orbit, and 
reentry, and whether any changes are needed to that 
chapter; 
(3) whether there is a need for commercial 
ground operations for commercial space flight, in-
cluding provision of launch support, launch and re-
entry control, mission control, range operations, and 
communications and telemetry operations through 
all phases of flight, and if such operations developed, 
whether and how they should be regulated; 
(4) whether expendable and reusable launch 
and reentry vehicles should be regulated differently 
from each other, and whether either of those vehicles 
should be regulated differently when carrying human 
beings; 
(5) whether the Federal Government should 
separate the promotion of human space flight from 
the regulation of such activity; 
(6) how third parties could be used to evaluate 
the qualification and acceptance of new human space 
flight vehicles prior to their operation;
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(7) how nongovernment experts could partici-
pate more fully in setting standards and developing 
regulations concerning human space flight safety; 
and 
(8) whether the Federal Government should 
regulate the extent of foreign ownership or control 
of human space flight companies operating or incor-
porated in the United States. 
SEC. 4. TECHNICAL AMENDMENT. 
Section 102(c) of the Commercial Space Act of 1998 
is repealed. 
Passed the House of Representatives November 20, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.