I 
108TH CONGRESS 
2D SESSION 
H. R. 3752
To promote the development of the emerging commercial human space flight 
industry, to extend the liability indemnification regime for the commercial 
space transportation industry, to authorize appropriations for the Office 
of the Associate Administrator for Commercial Space Transportation, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2004
Mr. ROHRABACHER (for himself, Mr. BOEHLERT, Mr. HALL, Mr. GORDON, 
and Mr. LAMPSON) 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, to extend the liability in-
demnification regime for the commercial space transpor-
tation industry, to authorize appropriations for the Office 
of the Associate Administrator for Commercial Space 
Transportation, 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’’.
(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 AP-
PLICATIONS’’ 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 amended 
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-