§4(d)(2), (3), Dec. 18, 2010, 124 Stat. 3440 , transferred analysis for chapter 701 of Title 49 , Transportation, and renumbered as analysis for chapter 509 of this title and renumbered items 70101 to 70105, 70105a, 70106 to 70109, 70109a, and 70110 to 70121 as 50901 to 50923, respectively.
§3(b), Nov. 1, 2000, 114 Stat. 1752 , substituted "Office of Commercial Space Transportation" for "Authorization of appropriations" in item 70119.
title I, §102(a)(1), Oct. 28, 1998, 112 Stat. 2846 , substituted "launches, operations, and reentries" for "launches and operations" in item 70104, "launches, operation of launch sites and reentry sites, and reentries" for "launches and operation of launch sites" in item 70108, inserted "or reentries" after "scheduled launches" in item 70109, and added items 70120 and 70121.
§6(78), Oct. 31, 1994, 108 Stat. 4388 , made technical amendment to chapter heading.
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50901 -->
(a) Findings .—Congress finds that—
(1) the peaceful uses of outer space continue to be of great value and to offer benefits to all mankind;
(2) private applications of space technology have achieved a significant level of commercial and economic activity and offer the potential for growth in the future, particularly in the United States;
(3) new and innovative equipment and services are being sought, produced, and offered by entrepreneurs in telecommunications, information services, microgravity research, human space flight, and remote sensing technologies;
(4) the private sector in the United States has the capability of developing and providing private launching, reentry, and associated services that would complement the launching, reentry, and associated capabilities of the United States Government;
(5) the development of commercial launch vehicles, reentry vehicles, and associated services would enable the United States to retain its competitive position internationally, contributing to the national interest and economic well-being of the United States;
(6) providing launch services and reentry services by the private sector is consistent with the national security and foreign policy interests of the United States and would be facilitated by stable, minimal, and appropriate regulatory guidelines that are fairly and expeditiously applied;
(7) the United States should encourage private sector launches, reentries, and associated services and, only to the extent necessary, regulate those launches, reentries, and services to ensure compliance with international obligations of the United States and to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;
(8) space transportation, including the establishment and operation of launch sites, reentry sites, and complementary facilities, the providing of launch services and reentry services, the establishment of support facilities, and the providing of support services, is an important element of the transportation system of the United States, and in connection with the commerce of the United States there is a need to develop a strong space transportation infrastructure with significant private sector involvement;
(9) the participation of State governments in encouraging and facilitating private sector involvement in space-related activity, particularly through the establishment of a space transportation-related infrastructure, including launch sites, reentry sites, complementary facilities, and launch site and reentry site support facilities, is in the national interest and is of significant public benefit;
(10) the goal of safely opening space to the American people and their private commercial, scientific, 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 investment 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 improve its safety performance;
(13) a critical area of responsibility for the Department of Transportation is to regulate the operations 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 commercial human space flight; and
(15) the regulatory standards governing human space flight must evolve as the industry matures so that regulations neither stifle technology development nor expose crew, government astronauts, or space flight participants to avoidable risks as the public comes to expect greater safety for crew, government astronauts, and space flight participants from the industry.
(b) Purposes .—The purposes of this chapter are—
(1) to promote economic growth and entrepreneurial activity through use of the space environment for peaceful purposes;
(2) to encourage the United States private sector to provide launch vehicles, reentry vehicles, and associated services by—
(A) simplifying and expediting the issuance and transfer of commercial licenses;
(B) facilitating and encouraging the use of Government-developed space technology; and
(C) promoting the continuous improvement of the safety of launch vehicles designed to carry humans, including through the issuance of regulations, to the extent permitted by this chapter;
(3) to provide that the Secretary of Transportation is to oversee and coordinate the conduct of commercial launch and reentry operations, issue permits and commercial licenses and transfer commercial licenses authorizing those operations, and protect the public health and safety, safety of property, and national security and foreign policy interests of the United States; and
(4) to facilitate the strengthening and expansion of the United States space transportation infrastructure, including the enhancement of United States launch sites and launch-site support facilities, and development of reentry sites, with Government, State, and private sector involvement, to support the full range of United States space-related activities.
§2(a), Dec. 23, 2004, 118 Stat. 3974 ; renumbered §70101 then §50901 of title 51,
In subsection (a), before clause (1), the words "and declares" are omitted as surplus.
In subsection (b), before clause (1), the word "therefore" is omitted as surplus.
2015—Subsec. (a)(15).
which directed amendment of section "50901(15)" by inserting ", government astronauts," after "crew" wherever appearing, was executed by making the insertion in subsec. (a)(15) in two places, to reflect the probable intent of Congress.
successively renumbered section 70101 of title 49 and section 70101 of this title as this section.
2004—Subsec. (a)(3).
§2(a)(1), inserted "human space flight," after "microgravity research,".
§2(a)(2), struck out "satellite" after "providing private" and substituted "capabilities of" for "services now available from".
Subsec. (a)(10) to (15).
§2(a)(3)–(5), added pars. (10) to (15).
§2(a)(6), added subpar. (C).
§2(a)(7), substituted "issue permits and commercial licenses and transfer" for "issue and transfer".
1998—Subsec. (a)(3).
§102(a)(2)(A), inserted "microgravity research," after "information services,".
§102(a)(2)(B), inserted ", reentry," after "launching" in two places.
§102(a)(2)(C), inserted ", reentry vehicles," after "launch vehicles".
§102(a)(2)(D), inserted "and reentry services" after "launch services".
§102(a)(2)(E), inserted ", reentries," after "launches" in two places.
§102(a)(2)(F), (G), inserted ", reentry sites," after "launch sites" and "and reentry services" after "launch services".
§102(a)(2)(H), (I), inserted "reentry sites," after "launch sites," and "and reentry site" after "launch site".
§102(a)(2)(J), inserted ", reentry vehicles," after "launch vehicles" in introductory provisions.
§102(a)(2)(K), struck out "launch" before "licenses".
§102(a)(2)(L), (M), inserted "and reentry" after "conduct of commercial launch" and struck out "launch" before "licenses".
§102(a)(2)(N), inserted "and development of reentry sites," after "launch-site support facilities,".
§2, Nov. 1, 2000, 114 Stat. 1751 , provided that: "The Congress finds that—
"(1) a robust United States space transportation industry is vital to the Nation's economic well-being and national security;
"(2) enactment of a 5-year extension of the excess third party claims payment provision of [former] chapter 701 of title 49, United States Code [now 51 U.S.C. 50901 et seq. ] (Commercial Space Launch Activities), will have a beneficial impact on the international competitiveness of the United States space transportation industry;
"(3) space transportation may evolve into airplane-style operations;
"(4) during the next 3 years the Federal Government and the private sector should analyze the liability risk-sharing regime to determine its appropriateness and effectiveness, and, if needed, develop and propose a new regime to Congress at least 2 years prior to the expiration of the extension contained in this Act [see Tables for classification];
"(5) the areas of responsibility of the Office of the Associate Administrator for Commercial Space Transportation have significantly increased as a result of—
"(A) the rapidly expanding commercial space transportation industry and associated government licensing requirements;
"(B) regulatory activity as a result of the emerging commercial reusable launch vehicle industry; and
"(C) the increased regulatory activity associated with commercial operation of launch and reentry sites; and
"(6) the Office of the Associate Administrator for Commercial Space Transportation should continue to limit its promotional activities to those which support its regulatory mission."
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50902 -->
In this chapter—
(1) "citizen of the United States" means—
(A) an individual who is a citizen of the United States;
(B) an entity organized or existing under the laws of the United States or a State; or
(C) an entity organized or existing under the laws of a foreign country if the controlling interest (as defined by the Secretary of Transportation) is held by an individual or entity described in subclause (A) or (B) of this clause.
(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) "executive agency" has the same meaning given that term in section 105 of title 5 .
(4) "government astronaut" means an individual who—
(A) is designated by the National Aeronautics and Space Administration under section 20113(n);
(B) is carried within a launch vehicle or reentry vehicle in the course of his or her employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle; and
(i) an employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act; or
(ii) an international partner astronaut.
(5) "international partner astronaut" means an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the United States, as qualified to serve as an International Space Station crew member.
(6) "International Space Station Intergovernmental Agreement" means the Agreement Concerning Cooperation on the International Space Station, signed at Washington January 29, 1998 (TIAS 12927).
(7) "launch" means to place or try to place a launch vehicle or reentry vehicle and any payload or human being from Earth—
(A) in a suborbital trajectory;
(B) in Earth orbit in outer space; or
(C) otherwise in outer space,
including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States.
(8) "launch property" means an item built for, or used in, the launch preparation or launch of a launch vehicle.
(9) "launch services" means—
(A) activities involved in the preparation of a launch vehicle, payload, crew (including crew training), government astronaut, or space flight participant for launch; and
(B) the conduct of a launch.
(10) "launch site" means the location on Earth from which a launch takes place (as defined in a license the Secretary issues or transfers under this chapter) and necessary facilities at that location.
(11) "launch vehicle" means—
(A) a vehicle built to operate in, or place a payload or human beings in, outer space; and
(B) a suborbital rocket.
(12) "obtrusive space advertising" means advertising in outer space that is capable of being recognized by a human being on the surface of the Earth without the aid of a telescope or other technological device.
(13) "payload" means an object that a person undertakes to place in outer space by means of a launch vehicle or reentry vehicle, including components of the vehicle specifically designed or adapted for that object.
(14) except in section 50904(c), "permit" means an experimental permit issued under section 50906.
(15) "person" means an individual and an entity organized or existing under the laws of a State or country.
(16) "reenter" and "reentry" mean to return or attempt to return, purposefully, a reentry vehicle and its payload or human beings, if any, from Earth orbit or from outer space to Earth.
(17) "reentry services" means—
(A) activities involved in the preparation of a reentry vehicle and payload, crew (including crew training), government astronaut, or space flight participant, if any, for reentry; and
(B) the conduct of a reentry.
(18) "reentry site" means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter).
(19) "reentry vehicle" means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially intact.
(20) "space flight participant" means an individual, who is not crew or a government astronaut, carried within a launch vehicle or reentry vehicle.
(21) "space support vehicle flight" means a flight in the air that—
(A) is not a launch or reentry; but
(B) is conducted by a space support vehicle.
(22) "space support vehicle" means a vehicle that is—
(A) a launch vehicle;
(B) a reentry vehicle; or
(C) a component of a launch or reentry vehicle.
(23) "State" means a State of the United States, the District of Columbia, and a territory or possession of the United States.
(24) unless and until regulations take effect under section 50922(c)(2), "suborbital rocket" means a vehicle, rocket-propelled in whole or in part, intended for flight on a suborbital trajectory, and the thrust of which is greater than its lift for the majority of the rocket-powered portion of its ascent.
(25) "suborbital trajectory" means the intentional 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.
(26) "third party" means a person except—
(A) the United States Government or the Government's contractors or subcontractors involved in launch services or reentry services;
(B) a licensee or transferee under this chapter;
(C) a licensee's or transferee's contractors, subcontractors, or customers involved in launch services or reentry services;
(D) the customer's contractors or subcontractors involved in launch services or reentry services; or
(E) crew, government astronauts, or space flight participants.
(27) "United States" means the States of the United States, the District of Columbia, and the territories and possessions of the United States.
§2(b), Dec. 23, 2004, 118 Stat. 3975 ; renumbered §70102 then §50902 of title 51 and amended
In this chapter, the word "country" is substituted for "nation" for consistency in the revised title and with other titles of the United States Code.
In clause (1), before subclause (A), the text of 49 App.:2603(9) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In subclauses (B) and (C), the words "corporation, partnership, joint venture, association, or other" are omitted as surplus. In subclause (C), the words "in regulations" and "in such entity" are omitted as surplus.
In clause (4), the words "propellants, launch vehicles and components thereof, and other physical" are omitted as surplus.
In clause (6), the words "includes all . . . located on a launch site which are . . . to conduct a launch" are omitted as surplus.
In clause (9), the words "corporation, partnership, joint venture, association, or other" are omitted as surplus.
Clauses (10) and (12) are substituted for 49 App.:2603(10) to eliminate unnecessary words.
In clause (11), before subclause (A), the words "or entity" are omitted as surplus. In subclause (A), the words "its agencies" are omitted as surplus.
This amends 49:70102(6) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (
Public Law 103–272,
2018—Pars. (21) to (27).
added pars. (21) and (22) and redesignated former pars. (21) to (25) as (23) to (27), respectively.
2015—Pars. (4) to (6).
§112(c)(2), added pars. (4) to (6). Former pars. (4) to (6) redesignated (7) to (9), respectively.
§112(c)(1), (e), redesignated par. (4) as (7) and substituted "and any payload or human being" for "and any payload, crew, or space flight participant" in introductory provisions. Former par. (7) redesignated (10).
§112(c)(1), redesignated par. (5) as (8). Former par. (8) redesignated (11).
§112(c)(1), (f), redesignated par. (6) as (9) and substituted "payload, crew (including crew training), government astronaut, or space flight participant" for "payload, crew (including crew training), or space flight participant" in subpar. (A). Former par. (9) redesignated (12).
§112(c)(1), redesignated pars. (7) to (12) as (10) to (15), respectively. Former pars. (10) to (15) redesignated (13) to (18), respectively.
§112(c)(1), (g), redesignated par. (13) as (16) and substituted "and its payload or human beings, if any," for "and its payload, crew, or space flight participants, if any,". Former par. (16) redesignated (19).
§112(c)(1), (h), redesignated par. (14) as (17) and substituted "payload, crew (including crew training), government astronaut, or space flight participant, if any," for "payload, crew (including crew training), or space flight participant, if any," in subpar. (A). Former par. (17) redesignated (20).
§112(c)(1), redesignated pars. (15) and (16) as (18) and (19), respectively. Former pars. (18) and (19) redesignated (21) and (22), respectively.
§112(c)(1), (i), redesignated par. (17) as (20) and amended it generally. Prior to amendment, par. (20) read as follows: " 'space flight participant' means an individual, who is not crew, carried within a launch vehicle or reentry vehicle."
§112(c)(1), redesignated pars. (18) to (20) as (21) to (23), respectively. Former pars. (21) and (22) redesignated (24) and (25), respectively.
§112(c)(1), (j), redesignated par. (21) as (24) and inserted ", government astronauts," after "crew" in subpar. (E).
§112(c)(1), redesignated par. (22) as (25).
§4(d)(2), (3)(B), successively renumbered section 70102 of title 49 and section 70102 of this title as this section.
§4(d)(5)(A), substituted "section 50904(c)" for "section 70104(c)" and "section 50906" for "section 70105a".
§4(d)(5)(B), substituted "section 50922(c)(2)" for "section 70120(c)(2)".
§2(b)(2), added par. (2). Former par. (2) redesignated (3).
§2(b)(1), redesignated par. (2) as (3). Former par. (3) redesignated (4).
§2(b)(1), (3), redesignated par. (3) as (4) and inserted ", crew, or space flight participant" after "any payload" in introductory provisions. Former par. (4) redesignated (5).
§2(b)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).
§2(b)(1), (4), redesignated par. (5) as (6) and substituted ", payload, crew (including crew training), or space flight participant" for "and payload" in subpar. (A). Former par. (6) redesignated (7).
§2(b)(1), redesignated par. (6) as (7). Former par. (7) redesignated (8).
§2(b)(1), (5), redesignated par. (7) as (8) and inserted "or human beings" after "place a payload" in subpar. (A). Former par. (8) redesignated (9).
§2(b)(1), redesignated pars. (8) and (9) as (9) and (10), respectively. Former par. (10) redesignated (12).
§2(b)(6), added par. (11). Former par. (11) redesignated (13).
§2(b)(1), redesignated par. (10) as (12). Former par. (12) redesignated (14).
§2(b)(1), (7), redesignated par. (11) as (13) and inserted "crew, or space flight participants," after "and its payload,". Former par. (13) redesignated (15).
§2(b)(1), (8), redesignated par. (12) as (14) and substituted "and payload, crew (including crew training), or space flight participant" for "and its payload" in subpar. (A). Former par. (14) redesignated (16).
§2(b)(1), redesignated pars. (13) and (14) as (15) and (16), respectively. Former pars. (15) and (16) redesignated (18) and (21), respectively.
§2(b)(9), added par. (17). Former par. (17) redesignated (22).
§2(b)(1), redesignated par. (15) as (18).
§2(b)(10), added pars. (19) and (20).
§2(b)(1), (11), redesignated par. (16) as (21) and added subpar. (E).
§2(b)(1), redesignated par. (17) as (22).
2000—Pars. (8) to (17).
added par. (8) and redesignated former pars. (8) to (16) as (9) to (17), respectively.
§102(a)(3)(A), substituted "or reentry vehicle and any payload from Earth" for "and any payload" in introductory provisions and a comma for the period at end of subpar. (C) and inserted concluding provisions.
§102(a)(3)(B), inserted "or reentry vehicle" after "means of a launch vehicle".
§102(a)(3)(D), added pars. (10) to (13). Former pars. (10) to (12) redesignated (14) to (16), respectively.
§102(a)(3)(C), redesignated par. (10) as (14).
§102(a)(3)(C), (E), redesignated par. (11) as (15) and inserted "or reentry services" after "launch services" wherever appearing.
§102(a)(3)(C), redesignated par. (12) as (16).
substituted "facilities at that location" for "facilities".
effective July 5, 1994, see section 8(1) of
set out as a note under section 5303 of Title 49 , Transportation.
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50903 -->
(a) General .—The Secretary of Transportation shall carry out this chapter.
(b) Facilitating Commercial Launches and Reentries .—In carrying out this chapter, the Secretary shall—
(1) encourage, facilitate, and promote commercial space launches and reentries by the private sector, including those involving space flight participants; and
(2) take actions to facilitate private sector involvement in commercial space transportation activity, and to promote public-private partnerships involving the United States Government, State governments, and the private sector to build, expand, modernize, or operate a space launch and reentry infrastructure.
(c) Safety .—In carrying out the responsibilities under subsection (b), the Secretary shall encourage, facilitate, and promote the continuous improvement of the safety of launch vehicles designed to carry humans, and the Secretary may, consistent with this chapter, promulgate regulations to carry out this subsection.
(d) Executive Agency Assistance .—When necessary, the head of an executive agency shall assist the Secretary in carrying out this chapter.
In subsection (a), the words "be responsible for" are omitted as surplus.
In subsection (c), the words "To the extent permitted by law" are omitted as surplus. The words "the head of an executive agency" are substituted for "Federal agencies" for consistency in the revised title and with other titles of the United States Code.
successively renumbered section 70103 of title 49 and section 70103 of this title as this section.
2004—Subsec. (b)(1).
§2(c)(1), inserted ", including those involving space flight participants" after "private sector".
§2(c)(2), added subsec. (c) and redesignated former subsec. (c) as (d).
1998—Subsec. (b).
§102(a)(4)(A), inserted "and Reentries" after "Launches" in heading.
§102(a)(4)(B), inserted "and reentries" after "commercial space launches".
§102(a)(4)(C), inserted "and reentry" after "space launch".
"(a) In General .—In preparation for the award of contracts to follow up on the current NASA [National Aeronautics and Space Administration] Launch Services (NLS) contracts, the Administrator shall develop a strategy for providing domestic commercial launch services in support of NASA's small and medium-sized Science, Space Operations, and Exploration missions, consistent with current law and policy.
"(b) Report .—The Administrator [of NASA] shall transmit a report to the Committee on Science and Technology [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the strategy developed under subsection (a) not later than 90 days after the date of enactment of this Act [Oct. 15, 2008]. The report shall provide, at a minimum—
"(1) the results of the Request for Information on small to medium-sized launch services released on April 22, 2008;
"(2) an analysis of possible alternatives to maintain small and medium-sized lift capabilities after June 30, 2010, including the use of the Department of Defense's Evolved Expendable Launch Vehicle (EELV);
"(3) the recommended alternatives, and associated 5-year budget plans starting in October 2010 that would enable their implementation; and
"(4) a contingency plan in the event the recommended alternatives described in paragraph (3) are not available when needed."
Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to encourage, facilitate and coordinate the development of commercial expendable launch vehicle (ELV) operations by private United States enterprises, it is hereby ordered as follows:
Section 1. The Department of Transportation is designated as the lead agency within the Federal government for encouraging and facilitating commercial ELV activities by the United States private sector.
Sec . 2. Responsibilities of Lead Agency. The Secretary of Transportation shall, to the extent permitted by law and subject to the availability of appropriations, perform the following functions:
(a) act as a focal point within the Federal government for private sector space launch contacts related to commercial ELV operations;
(b) promote and encourage commercial ELV operations in the same manner that other private United States commercial enterprises are promoted by United States agencies;
(c) provide leadership in the establishment, within affected departments and agencies, of procedures that expedite the processing of private sector requests to obtain licenses necessary for commercial ELV launches and the establishment and operation of commercial launch ranges;
(d) consult with other affected agencies to promote consistent application of ELV licensing requirements for the private sector and assure fair and equitable treatment for all private sector applicants;
(e) serve as a single point of contact for collection and dissemination of documentation related to commercial ELV licensing applications;
(f) make recommendations to affected agencies and, as appropriate, to the President, concerning administrative measures to streamline Federal government procedures for licensing of commercial ELV activities;
(g) identify Federal statutes, treaties, regulations and policies which may have an adverse impact on ELV commercialization efforts and recommend appropriate changes to affected agencies and, as appropriate, to the President; and
(h) conduct appropriate planning regarding long-term effects of Federal activities related to ELV commercialization.
Sec . 3. An interagency group, chaired by the Secretary of Transportation and composed of representatives from the Department of State, the Department of Defense, the Department of Commerce, the Federal Communications Commission, and the National Aeronautics and Space Administration, is hereby established. This group shall meet at the call of the Chair and shall advise and assist the Department of Transportation in performing its responsibilities under this Order.
Sec . 4. Responsibilities of Other Agencies. All executive departments and agencies shall assist the Secretary of Transportation in carrying out this Order. To the extent permitted by law and in consultation with the Secretary of Transportation, they shall:
(a) provide the Secretary of Transportation with information concerning agency regulatory actions which may affect development of commercial ELV operations;
(b) review and revise their regulations and procedures to eliminate unnecessary regulatory obstacles to the development of commercial ELV operations and to ensure that those regulations and procedures found essential are administered as efficiently as possible; and
(c) establish timetables for the expeditious handling of and response to applications for licenses and approvals for commercial ELV activities.
Sec . 5. The powers granted to the Secretary of Transportation to encourage, facilitate and coordinate the overall ELV commercialization process shall not diminish or abrogate any statutory or operational authority exercised by any other Federal agency.
Sec . 6. Nothing contained in this Order or in any procedures promulgated hereunder shall confer any substantive or procedural right or privilege on any person or organization, enforceable against the United States, its agencies, its officers or any person.
Sec . 7. This Order shall be effective immediately.
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50904 -->
(a) Requirement .—A license issued or transferred under this chapter, or a permit, is required for the following:
(1) for a person to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, in the United States.
(2) for a citizen of the United States (as defined in section 50902(1)(A) or (B) of this title) to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, outside the United States.
(3) for a citizen of the United States (as defined in section 50902(1)(C) of this title ) to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, outside the United States and outside the territory of a foreign country unless there is an agreement between the United States Government and the government of the foreign country providing that the government of the foreign country has jurisdiction over the launch or operation or reentry.
(4) for a citizen of the United States (as defined in section 50902(1)(C) of this title ) to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, in the territory of a foreign country if there is an agreement between the United States Government and the government of the foreign country providing that the United States Government has jurisdiction over the launch or operation or reentry.
Notwithstanding this subsection, a permit shall not authorize a person to operate a launch site or reentry site.
(b) Compliance With Payload Requirements .—The holder of a license or permit under this chapter may launch or reenter a payload only if the payload complies with all requirements of the laws of the United States related to launching or reentering a payload.
(c) Preventing Launches and Reentries .—The Secretary of Transportation shall establish whether all required licenses, authorizations, and permits required for a payload have been obtained. If no license, authorization, or permit is required, the Secretary may prevent the launch or reentry if the Secretary decides the launch or reentry would jeopardize the public health and safety, safety of property, or national security or foreign policy interest of the United States.
(d) Single License or Permit .—The Secretary of Transportation shall ensure that only 1 license or permit is required from the Department of Transportation to conduct activities involving crew, government astronauts, or space flight participants, including launch and reentry, for which a license or permit is required under this chapter. The Secretary shall ensure that all Department of Transportation regulations relevant to the licensed or permitted activity are satisfied.
§2(c)(3)–(5), Dec. 23, 2004, 118 Stat. 3976 ; renumbered §70104 then §50904 of title 51 and amended
In subsection (a)(2)–(4), the cross-reference is to section 70102(1) of the revised title (restating 49 App.:2603(12)) rather than to section 70102(11) (restating 49 App.:2603(11)) to correct a mistake. Section 3(2) of the Commercial Space Launch Act Amendments of 1988 (
Public Law 100–657,
102 Stat. 3900 ) redesignated 49 App.:2603(11) as 49 App.:2603(12) but did not amend the cross-reference in 49 App.:2605(a).
In subsection (a)(3) and (4), the words "the government of" are added for consistency in the revised title and with other titles of the United States Code. The words "in force" are omitted as surplus.
In subsection (a)(3), the words "at any place which is both" are omitted as surplus.
In subsection (a)(4), the text of 49 App.:2605(a)(3)(B)(i) is omitted as surplus.
In subsection (c), the words "by Federal law", "which is to be launched", "by any Federal law", "take such action under this chapter as the Secretary deems necessary to", and "of a payload by a holder of a launch license under this chapter" are omitted as surplus.
2015—Subsec. (d).
substituted "activities involving crew, government astronauts, or space flight participants" for "activities involving crew or space flight participants".
§4(d)(2), (3)(D), successively renumbered section 70104 of title 49 and section 70104 of this title as this section.
§4(d)(5)(C), substituted "section 50902(1)(A) or (B)" for "section 70102(1)(A) or (B)".
§4(d)(5)(D), substituted "section 50902(1)(C)" for "section 70102(1)(C)".
§4(d)(5)(E), substituted "section 50902(1)(C)" for "section 70102(1)(C)".
2004—Subsec. (a).
§2(c)(3), substituted "Requirement" for "License Requirement" in heading and "A license issued or transferred under this chapter, or a permit," for "A license issued or transferred under this chapter" in introductory provisions and inserted concluding provisions.
§2(c)(4), inserted "or permit" after "holder of a license".
§2(c)(5), added subsec. (d).
§102(a)(5)(A), substituted "Restrictions on launches, operations, and reentries" for "Restrictions on launches and operations" in section catchline.
§102(a)(5)(B), inserted "or reentry site, or to reenter a reentry vehicle," after "operate a launch site".
§102(a)(5)(B), (C), inserted "or reentry site, or to reenter a reentry vehicle," after "operate a launch site" and "or reentry" after "launch or operation".
§102(a)(5)(D), struck out "launch" before "license" and inserted "or reenter" after "may launch" and "or reentering" after "related to launching".
§102(a)(5)(E), substituted "Preventing Launches and Reentries" for "Preventing Launches" in heading and inserted "or reentry" after "prevent the launch" and after "decides the launch" in second sentence.
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50905 -->
(a) Applications .—(1) A person may apply to the Secretary of Transportation for a license or transfer of a license under this chapter in the form and way 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 Secretary, not later than 180 days after accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D), 1 shall issue or transfer a license 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 applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 120 days after accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D). 1 The Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 30 days after any occurrence when the Secretary has not taken action on a license application within the deadline established 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, services, or personnel (including approval procedures for the purpose of protecting the health and safety of crew, government astronauts, and space flight participants, to the extent permitted by subsections (b) and (c)) that may be used in conducting licensed commercial space launch or reentry activities.
(b) Requirements .—(1) Except as provided in this subsection, all requirements of the laws of the United States applicable to the launch of a launch vehicle or the operation of a launch site or a reentry site, or the reentry of a reentry vehicle, are requirements for a license or permit under this chapter.
(2) The Secretary may prescribe—
(A) any term necessary to ensure compliance with this chapter, including on-site verification that a launch, operation, or reentry complies with representations stated in the application;
(B) any additional requirement necessary to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States;
(C) by regulation that a requirement of a law of the United States not be a requirement for a license or permit if the Secretary, after consulting with the head of the appropriate executive agency, decides that the requirement is not necessary to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;
(D) additional license requirements, for a launch vehicle carrying a human being for compensation or hire, necessary to protect the health and safety of crew, government astronauts, or space flight participants, only if such requirements are imposed pursuant to final regulations issued in accordance with subsection (c); and
(E) regulations establishing criteria for accepting or rejecting an application for a license or permit under this chapter within 60 days after receipt of such application.
(3) The Secretary may waive a requirement, including the requirement to obtain a license, for an individual applicant if the Secretary decides that the waiver is in the public interest and will not jeopardize the public health and safety, safety of property, and national security and foreign policy interests of the United States. 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.
(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 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 certified 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 promulgated by the Secretary, the holder of the license 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 participant in writing of any relevant information related to risk or probable loss during each phase of flight gathered by the Secretary in making the determination required by section 50914(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 agreement 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 promulgated by the Secretary, the space flight participant has provided written informed consent to participate in the launch and reentry and written certification of compliance with any regulations 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 requiring space flight participants to undergo an appropriate 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 enactment of the Commercial Space Launch Amendments Act of 2004.
(B) The Secretary may issue additional regulations 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 enactment of the Commercial Space Launch Amendments Act of 2004.
(c) Safety Regulations.—
(1) In general .—The Secretary may issue regulations governing the design or operation of a launch vehicle to protect the health and safety of crew, government astronauts, and space flight participants.
(2) Regulations .—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 design features or operating practices that—
(i) have resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew, government astronauts, 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, government astronauts, or space flight participants; and
(D) be issued with a description of the instance or instances when the design feature or operating practice being restricted or prohibited contributed to a result or event described in subparagraph (C).
(3) Facilitation of standards .—The Secretary shall continue to work with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, to facilitate the development of voluntary industry consensus standards based on recommended best practices to improve the safety of crew, government astronauts, and space flight participants as the commercial space sector continues to mature.
(4) Communication and transparency .—Nothing in this subsection shall be construed to limit the authority of the Secretary to discuss potential regulatory approaches, potential performance standards, or any other topic related to this subsection with the commercial space industry, including observations, findings, and recommendations from the Commercial Space Transportation Advisory Committee, or its successor organization, prior to the issuance of a notice of proposed rulemaking. Such discussions shall not be construed to permit the Secretary to promulgate industry regulations except as otherwise provided in this section.
(5) Interim voluntary industry consensus standards reports.—
(A) In general .—Not later than December 31, 2016, and every 30 months thereafter until December 31, 2021, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the progress of the commercial space transportation industry in developing voluntary industry consensus standards that promote best practices to improve industry safety.
(B) Contents .—The report shall include, at a minimum—
(i) any voluntary industry consensus standards that have been accepted by the industry at large;
(ii) the identification of areas that have the potential to become voluntary industry consensus standards that are currently under consideration by the industry at large;
(iii) an assessment from the Secretary on the general progress of the industry in adopting voluntary industry consensus standards;
(iv) any lessons learned about voluntary industry consensus standards, best practices, and commercial space launch operations;
(v) any lessons learned associated with the development, potential application, and acceptance of voluntary industry consensus standards, best practices, and commercial space launch operations; and
(vi) recommendations, findings, or observations from the Commercial Space Transportation Advisory Committee, or its successor organization, on the progress of the industry in developing voluntary industry consensus standards that promote best practices to improve industry safety.
(6) Report .—Not later than 270 days after the date of enactment of the SPACE Act of 2015, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report specifying key industry metrics that might indicate readiness of the commercial space sector and the Department of Transportation to transition to a safety framework that may include regulations under paragraph (9) that considers space flight participant, government astronaut, and crew safety.
(7) Reports .—Not later than March 31 of each of 2018 and 2022, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that identifies the activities, described in this subsection and subsection (d) most appropriate for a new safety framework that may include regulatory action, if any, and a proposed transition plan for such safety framework.
(8) Independent review .—Not later than December 31, 2022, an independent systems engineering and technical assistance organization or standards development organization contracted by the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives an assessment of the readiness of the commercial space industry and the Federal Government to transition to a safety framework that may include regulations. As part of the review, the contracted organization shall evaluate—
(A) the progress of the commercial space industry in adopting voluntary industry consensus standards as reported by the Secretary in the interim assessments included in the reports under paragraph (5);
(B) the progress of the commercial space industry toward meeting the key industry metrics identified by the report under paragraph (6), including the knowledge and operational experience obtained by the commercial space industry while providing services for compensation or hire; and
(C) whether the areas identified in the reports under paragraph (5) are appropriate for regulatory action, or further development of voluntary industry consensus standards, considering the progress evaluated in subparagraphs (A) and (B) of this paragraph.
(9) Learning period .—Beginning on January 1, 2025, the Secretary may propose regulations under this subsection without regard to subparagraphs (C) and (D) of paragraph (2). The development of any such regulations shall take into consideration the evolving standards of the commercial space flight industry as identified in the reports published under paragraphs (5), (6), and (7).
(10) Rule of construction .—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, safety of property, national security interests, and foreign policy interests of the United States.
(d) Procedures and Timetables .—The Secretary shall establish procedures and timetables that expedite review of a license or permit application and reduce the regulatory burden for an applicant.
§2(c)(6)–(15), Dec. 23, 2004, 118 Stat. 3976–3979 ; renumbered §70105 then §50905 of title 51 and amended
In subsection (a), the words "for launching one or more launch vehicles or for operating one or more launch sites, or both" in 49 App.:2606 are omitted as surplus.
In subsection (b)(2)(C), the words "that would otherwise apply to the launch of a launch vehicle or the operation of a launch site" are omitted as surplus. The words "the head of" are added for consistency in the revised title and with other titles of the United States Code.
Subsection (b)(2)(D), referred to in subsec. (a)(1), was redesignated subsection (b)(2)(E) by
The date of enactment of the Commercial Space Launch Amendments Act of 2004, referred to in subsec. (b)(4)(B), (6), is the date of enactment of
which was approved Dec. 23, 2004.
The date of enactment of the SPACE Act of 2015, referred to in subsec. (c)(6), is the date of enactment of title I of
which was approved Nov. 25, 2015.
2024—Subsec. (c)(9).
substituted "January 1, 2025" for "May 11, 2024".
substituted "May 11, 2024" for "March 9, 2024".
2023—Subsec. (c)(9).
substituted "March 9, 2024" for "January 1, 2024".
substituted "January 1, 2024" for "October 1, 2023".
2015—Subsec. (a)(2).
§112(l)(1), substituted "crew, government astronauts, and space flight participants" for "crews and space flight participants".
§112(l)(2), substituted "crew, government astronauts, or space flight participants" for "crew or space flight participants".
§§111(1), 112(l)(3)(A), inserted " In general .—" before "The Secretary" and substituted "crew, government astronauts, and space flight participants" for "crew and space flight participants".
§111(2), inserted " Regulations .—" before "Regulations" in introductory provisions.
§112(l)(3)(B), substituted "to crew, government astronauts, or space flight participants" for "to crew or space flight participants" in cls. (i) and (ii).
§111(3), (5), added par. (3) and struck out former par. (3) which read as follows: "Beginning on April 1, 2016, 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."
substituted "April 1, 2016," for "October 1, 2015,".
§111(5), added par. (4). Former par. (4) redesignated (10).
§111(5), added pars. (5) to (9).
§111(4), (6), redesignated par. (4) as (10) and inserted " Rule of construction .—" before "Nothing".
2012—Subsec. (c)(3).
substituted "Beginning on October 1, 2015," for "Beginning 8 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004,".
§4(d)(2), (3)(E), successively renumbered section 70105 of title 49 and section 70105 of this title as this section.
§4(d)(5)(F), substituted "section 50914(a)(2) and (c)" for "section 70112(a)(2) and (c)".
2004—Subsec. (a)(1).
§2(c)(6)(A), substituted "the Secretary has not taken action on a license application" for "a license is not issued".
§2(c)(6)(B), inserted "(including approval procedures for the purpose of protecting the health and safety of crews and space flight participants, to the extent permitted by subsections (b) and (c))" after "or personnel".
§2(c)(7), inserted "or permit" after "for a license".
§2(c)(8), substituted "any" for "an".
§2(c)(9), inserted "or permit" after "for a license" and struck out "and" at end.
§2(c)(10), added subpar. (D). Former subpar. (D) redesignated (E).
§2(c)(10), (11), redesignated subpar. (D) as (E) and inserted "or permit" after "for a license".
§2(c)(12), inserted at end "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."
§2(c)(13), added pars. (4) to (6).
§2(c)(14), added subsec. (c). Former subsec. (c) redesignated (d).
§2(c)(14), (15), redesignated subsec. (c) as (d) and inserted "or permit" after "of a license".
1998—Subsec. (a).
§102(a)(6)(B), substituted "accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D)" for "receiving an application" in two places.
§102(a)(6)(A), (C), designated existing provisions as par. (1), inserted "The Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 30 days after any occurrence when a license is not issued within the deadline established by this subsection." at end of par. (1), and added par. (2).
§102(a)(6)(D), inserted "or a reentry site, or the reentry of a reentry vehicle," after "operation of a launch site".
§102(a)(6)(E), substituted ", operation, or reentry" for "or operation".
§102(a)(6)(F)–(H), added subpar. (D).
§102(a)(6)(I), inserted ", including the requirement to obtain a license," after "waive a requirement".
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50906 -->
(a) A person may apply to the Secretary of Transportation for an experimental permit under this section in the form and manner the Secretary prescribes. Consistent 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 applicant 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 Secretary 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, services, or personnel that may be used in conducting commercial space launch or reentry activities pursuant to a permit.
(c) In order to encourage the development of a commercial space flight industry, the Secretary may when issuing permits use the authority granted under section 50905(b)(2)(C).
(d) The Secretary may issue a permit only for reusable suborbital rockets or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit solely for—
(1) research and development to test design concepts, equipment, or operating techniques;
(2) showing compliance with requirements as part of the process for obtaining a license under this chapter; or
(3) crew training for a launch or reentry using the design of the rocket or vehicle 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 or suborbital rocket design, or for a particular reusable launch vehicle or reusable launch vehicle design, for the uses described in subsection (d); and
(2) specify the type of modifications that may be made to the suborbital rocket or launch vehicle without changing the design to an extent that would invalidate the permit.
(f) Permits shall not be transferable.
(g) The Secretary may issue a permit under this section notwithstanding any license issued under this chapter. The issuance of a license under this chapter may not invalidate a permit issued under this section.
(h) No person may operate a reusable suborbital rocket or reusable launch vehicle under a permit for carrying any property or human being for compensation or hire.
(i) For the purposes of sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, and 50923 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 considered licensing.
This subsection shall not be construed to allow the transfer of a permit.
§2(c)(16), Dec. 23, 2004, 118 Stat. 3979 , §70105a of title 49; renumbered §70105a then §50906 of title 51 and amended
2015—Subsec. (d).
§104(1)(A), substituted "or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit" for "that will be launched or reentered" in introductory provisions.
§104(1)(B), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "research and development to test new design concepts, new equipment, or new operating techniques;".
§104(1)(C), struck out "prior to obtaining a license" after "crew training" and inserted "or vehicle" after "design of the rocket".
§104(2)(A), substituted "suborbital rocket or suborbital rocket design, or for a particular reusable launch vehicle or reusable launch vehicle design," for "suborbital rocket design".
§104(2)(B), inserted "or launch vehicle" after "the suborbital rocket".
§104(3), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "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."
§104(4), inserted "or reusable launch vehicle" after "suborbital rocket".
§4(d)(2), (3)(F), successively renumbered section 70105a of title 49 and section 70105a of this title as this section.
§4(d)(5)(G), substituted "section 50905(b)(2)(C)" for "section 70105(b)(2)(C)".
§4(d)(5)(H), substituted "sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, and 50923" for "sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121" in introductory provisions.
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50907 -->
(a) General Requirements .—A licensee under this chapter must allow the Secretary of Transportation to place an officer or employee of the United States Government or another individual as an observer at a launch site or reentry site the licensee uses, at a production facility or assembly site a contractor of the licensee uses to produce or assemble a launch vehicle or reentry vehicle, at a site not owned or operated by the Federal Government or a foreign government used for crew, government astronaut, or space flight participant training, or at a site at which a payload is integrated with a launch vehicle or reentry vehicle. The observer will monitor the activity of the licensee or contractor at the time and to the extent the Secretary considers reasonable to ensure compliance with the license or to carry out the duties of the Secretary under sections 50904(c), 50905, and 50906 of this title . A licensee must cooperate with an observer carrying out this subsection.
(b) Contracts .—To the extent provided in advance in an appropriation law, the Secretary may make a contract with a person to carry out subsection (a) of this section.
§2(c)(17), Dec. 23, 2004, 118 Stat. 3980 ; renumbered §70106 then §50907 of title 51 and amended
In subsection (a), the word "duties" is substituted for "responsibilities" for consistency in the revised title and with other titles of the United States Code.
2015—Subsec. (a).
substituted "at a site not owned or operated by the Federal Government or a foreign government used for crew, government astronaut, or space flight participant training" for "at a site used for crew or space flight participant training".
§4(d)(2), (3)(G), successively renumbered section 70106 of title 49 and section 70106 of this title as this section.
§4(d)(5)(I), substituted "sections 50904(c), 50905, and 50906" for "sections 70104(c), 70105, and 70105a".
2004—Subsec. (a).
inserted "at a site used for crew or space flight participant training," after "assemble a launch vehicle or reentry vehicle," and substituted "sections 70104(c), 70105, and 70105a" for "section 70104(c)".
1998—Subsec. (a).
in first sentence, inserted "or reentry site" after "observer at a launch site" and "or reentry vehicle" after "assemble a launch vehicle" and after "with a launch vehicle".
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50908 -->
(a) Effective Periods of Licenses .—The Secretary of Transportation shall specify the period for which a license issued or transferred under this chapter is in effect.
(b) Modifications .—(1) On the initiative of the Secretary or on application of the licensee, the Secretary may modify a license issued or transferred under this chapter if the Secretary decides the modification will comply with this chapter.
(2) The Secretary shall modify a license issued or transferred under this chapter whenever a modification is needed for the license to be in conformity with a regulation that was issued pursuant to section 50905(c) after the issuance of the license. This paragraph shall not apply to permits.
(c) Suspensions and Revocations .—The Secretary may suspend or revoke a license if the Secretary decides that—
(1) the licensee has not complied substantially with a requirement of this chapter or a regulation prescribed under this chapter; or
(2) the suspension or revocation is necessary to protect the public health and safety, the safety of property, or a national security or foreign policy interest of the United States.
(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 any human being and the Secretary 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 any human being.
(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 recurrence of the serious or fatal injury; or
(B) has modified the license pursuant to subsection (b) to sufficiently reduce the likelihood of a recurrence of the serious or fatal injury.
(3) This subsection shall not apply to permits.
(e) Effective Periods of Modifications, Suspensions, and Revocations .—Unless the Secretary specifies otherwise, a modification, suspension, or revocation under this section takes effect immediately and remains in effect during a review under section 50912 of this title .
(f) Notification .—The Secretary shall notify the licensee in writing of the decision of the Secretary under this section and any action the Secretary takes or proposes to take based on the decision.
§2(c)(18), (19), Dec. 23, 2004, 118 Stat. 3980 ; renumbered §70107 then §50908 of title 51 and amended
In subsection (a), the words "of time" and "in accordance with regulations issued under this chapter" are omitted as surplus.
In subsection (b), the words "the requirements of" are omitted as surplus.
In subsection (e), the words "Whenever the Secretary takes any action" are omitted as surplus.
2015—Subsec. (d)(1).
substituted "to any human being" for "to crew or space flight participants" in two places.
§4(d)(2), (3)(H), successively renumbered section 70107 of title 49 and section 70107 of this title as this section.
§4(d)(5)(J), substituted "section 50905(c)" for "section 70105(c)".
§4(d)(5)(K), substituted "section 50912" for "section 70110".
2004—Subsec. (b).
§2(c)(18), designated existing text as par. (1) and added par. (2).
§2(c)(19), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50909 -->
(a) General Authority .—The Secretary of Transportation may prohibit, suspend, or end immediately the launch of a launch vehicle or the operation of a launch site or reentry site, or reentry of a reentry vehicle, licensed under this chapter if the Secretary decides the launch or operation or reentry is detrimental to the public health and safety, the safety of property, or a national security or foreign policy interest of the United States.
(b) Effective Periods of Orders .—An order under this section takes effect immediately and remains in effect during a review under section 50912 of this title .
title I, §102(a)(8), Oct. 28, 1998, 112 Stat. 2848 ; renumbered §70108 then §50909 of title 51 and amended
§4(d)(2), (3)(I), successively renumbered section 70108 of title 49 and section 70108 of this title as this section.
§4(d)(5)(L), substituted "section 50912" for "section 70110".
§102(a)(8)(A), substituted "Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries" for "Prohibition, suspension, and end of launches and operation of launch sites" in section catchline.
§102(a)(8)(B), inserted "or reentry site, or reentry of a reentry vehicle," after "operation of a launch site" and "or reentry" after "launch or operation".
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50910 -->
(a) General .—With the cooperation of the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration, the Secretary of Transportation shall act to ensure that a launch or reentry of a payload is not preempted from access to a United States Government launch site, reentry site, or launch property, except for imperative national need, when a launch date commitment or reentry date commitment from the Government has been obtained for a launch or reentry licensed under this chapter. A licensee or transferee preempted from access to a launch site, reentry site, or launch property does not have to pay the Government any amount for launch services, or services related to a reentry, attributable only to the scheduled launch or reentry prevented by the preemption.
(b) Imperative National Need Decisions .—In consultation with the Secretary of Transportation, the Secretary of Defense or the Administrator shall decide when an imperative national need requires preemption under subsection (a) of this section. That decision may not be delegated.
(c) Reports .—In cooperation with the Secretary of Transportation, the Secretary of Defense or the Administrator, as appropriate, shall submit to Congress not later than 7 days after a decision to preempt under subsection (a) of this section, a report that includes an explanation of the circumstances justifying the decision and a schedule for ensuring the prompt launching or reentry of a preempted payload.
successively renumbered section 70109 of title 49 and section 70109 of this title as this section.
§102(a)(9)(A), substituted "Preemption of scheduled launches or reentries" for "Preemption of scheduled launches" in section catchline.
§102(a)(9)(B), inserted "or reentry" after "ensure that a launch", ", reentry site," after "United States Government launch site", "or reentry date commitment" after "launch date commitment", "or reentry" after "obtained for a launch", ", reentry site," after "access to a launch site", ", or services related to a reentry," after "amount for launch services", and "or reentry" after "the scheduled launch".
§102(a)(9)(C), inserted "or reentry" after "prompt launching".
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50911 -->
(a) Licensing .—Notwithstanding the provisions of this chapter or any other provision of law, the Secretary may not, for the launch of a payload containing any material to be used for the purposes of obtrusive space advertising—
(1) issue or transfer a license under this chapter; or
(2) waive the license requirements of this chapter.
(b) Launching .—No holder of a license under this chapter may launch a payload containing any material to be used for purposes of obtrusive space advertising.
(c) Commercial Space Advertising .—Nothing in this section shall apply to nonobtrusive commercial space advertising, including advertising on—
(1) commercial space transportation vehicles;
(2) space infrastructure payloads;
(3) space launch facilities; and
(4) launch support facilities.
title III, §322(b), Oct. 30, 2000, 114 Stat. 1598 , §70109a of title 49; renumbered §70109a then §50911 of title 51,
successively renumbered section 70109a of title 49 and section 70109a of this title as this section.
"(1) The President is requested to negotiate with foreign launching nations for the purpose of reaching one or more agreements that prohibit the use of outer space for obtrusive space advertising purposes.
"(2) It is the sense of the Congress that the President should take such action as is appropriate and feasible to enforce the terms of any agreement to prohibit the use of outer space for obtrusive space advertising purposes.
"(3) As used in this subsection, the term 'foreign launching nation' means a nation—
"(A) that launches, or procures the launching of, a payload into outer space; or
"(B) from the territory or facility of which a payload is launched into outer space."
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50912 -->
(a) Administrative Hearings .—The Secretary of Transportation shall provide an opportunity for a hearing on the record to—
(1) an applicant under this chapter, for a decision of the Secretary under section 50905(a) or 50906 of this title to issue or transfer a license with terms or deny the issuance or transfer of a license;
(2) an owner or operator of a payload under this chapter, for a decision of the Secretary under section 50904(c) of this title to prevent the launch or reentry of the payload; and
(3) a licensee under this chapter, for a decision of the Secretary under—
(A) section 50908(b) or (c) of this title to modify, suspend, or revoke a license; or
(B) section 50909(a) of this title to prohibit, suspend, or end a launch or operation of a launch site or reentry site, or reentry of a reentry vehicle, licensed by the Secretary.
(b) Judicial Review .—A final action of the Secretary under this chapter is subject to judicial review as provided in chapter 7 of title 5 .
§2(c)(20), Dec. 23, 2004, 118 Stat. 3981 ; renumbered §70110 then §50912 of title 51 and amended
In subsection (a), before clause (1), the words "The Secretary of Transportation shall provide an opportunity for a hearing on the record to" are substituted for "shall be entitled to a determination on the record after an opportunity for a hearing" for consistency in the revised title. The words "in accordance with section 554 of title 5 " are omitted for consistency and because 5:554 applies to a hearing on the record unless otherwise stated. In clause (1), the words "and a proposed transferee of a license" are omitted as being included in "applicant".
In subsection (b), the words "to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify a license or to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary or to prevent the launch of a payload" are omitted as surplus.
§4(d)(2), (3)(L), successively renumbered section 70110 of title 49 and section 70110 of this title as this section.
§4(d)(5)(M), substituted "section 50905(a) or 50906" for "section 70105(a) or 70105a".
§4(d)(5)(N), substituted "section 50904(c)" for "section 70104(c)".
§4(d)(5)(O), substituted "section 50908(b) or (c)" for "section 70107(b) or (c)".
§4(d)(5)(P), substituted "section 50909(a)" for "section 70108(a)".
2004—Subsec. (a)(1).
inserted "or 70105a" after "70105(a)".
1998—Subsec. (a)(2).
§102(a)(10)(A), inserted "or reentry" after "prevent the launch".
§102(a)(10)(B), inserted "or reentry site, or reentry of a reentry vehicle," after "operation of a launch site"
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50913 -->
(a) General Requirements and Considerations .—(1) The Secretary of Transportation shall facilitate and encourage the acquisition by the private sector and State governments of—
(A) launch or reentry property of the United States Government that is excess or otherwise is not needed for public use; and
(B) launch services and reentry services, including utilities, of the Government otherwise not needed for public use.
(2) In acting under paragraph (1) of this subsection, the Secretary shall consider the commercial availability on reasonable terms of substantially equivalent launch property or launch services or reentry services from a domestic source, whether such source is located on or off a Federal range.
(b) Price .—(1) In this subsection, "direct costs" means the actual costs that—
(A) can be associated unambiguously with a commercial launch or reentry effort; and
(B) the Government would not incur if there were no commercial launch or reentry effort.
(2) In consultation with the Secretary, the head of the executive agency providing the property or service under subsection (a) of this section shall establish the price for the property or service. The price for—
(A) acquiring launch property by sale or transaction instead of sale is the fair market value;
(B) acquiring launch property (except by sale or transaction instead of sale) is an amount equal to the direct costs, including specific wear and tear and property damage, the Government incurred because of acquisition of the property; and
(C) launch services or reentry services is an amount equal to the direct costs, including the basic pay of Government civilian and contractor personnel, the Government incurred because of acquisition of the services.
(3) The Secretary shall ensure the establishment of uniform guidelines for, and consistent implementation of, this section by all Federal agencies.
(c) Collection by Secretary .—The Secretary may collect a payment under this section with the consent of the head of the executive agency establishing the price. Amounts collected under this subsection shall be deposited in the Treasury. Amounts (except for excess launch property) shall be credited to the appropriation from which the cost of providing the property or services was paid.
(d) Collection by Other Governmental Heads .—The head of a department, agency, or instrumentality of the Government may collect a payment for an activity involved in producing a launch vehicle or reentry vehicle, or the payload of either, for launch or reentry if the activity was agreed to by the owner or manufacturer of the launch vehicle, reentry vehicle, or payload.
In subsection (a)(1), before clause (A), the words "take such actions as may be necessary to" and "(by lease, sale, transaction in lieu of sale, or otherwise)" are omitted as surplus.
In subsections (b)(2) and (c), the words "the head of" are added for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(2), before clause (A), the word "price" is substituted for "amount to be paid to the United States" and "the amount of such payment" to eliminate unnecessary words. The words "by any person who acquires launch property or launch services, including utilities" are omitted as surplus. In clause (C), the words "including utilities" are omitted as surplus. The words "basic pay" are substituted for "salaries" for clarity.
In subsection (c), the word "collected" is substituted for "received" for consistency in this section. The words "by the United States for launch property or launch services, including utilities" and "the general fund of" are omitted as surplus.
In subsection (d), the words "department, agency, or instrumentality of the Government" are substituted for "Federal agency or department" for consistency in the revised title and with other titles of the Code.
successively renumbered section 70111 of title 49 and section 70111 of this title as this section.
1998—Subsec. (a)(1)(A).
§102(a)(11)(A), inserted "or reentry" after "launch".
§102(a)(11)(B), inserted "and reentry services" after "launch services".
§102(a)(11)(C), (D), inserted "or reentry services" after "or launch services" and substituted "source, whether such source is located on or off a Federal range" for "source".
§102(a)(11)(E), inserted "or reentry" after "commercial launch".
§102(a)(11)(F), inserted "or reentry services" after "launch services".
§102(a)(11)(G), added par. (3).
§102(a)(11)(H), (I), substituted "or reentry vehicle, or the payload of either, for launch or reentry" for "or its payload for launch" and inserted ", reentry vehicle," after "manufacturer of the launch vehicle".
CHAPTER 509 -COMMERCIAL SPACE LAUNCH ACTIVITIES!@!Sec. 50914 -->
(a) General Requirements .—(1) When a launch or reentry license is issued or transferred under this chapter, the licensee or transferee shall obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum probable loss from claims by—
(A) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out under the license; and
(B) the United States Government against a person for damage or loss to Government property resulting from an activity carried out under the license.
(2) The Secretary of Transportation shall determine the amounts required under paragraph (1)(A) and (B) of this subsection, after consulting with the Administrator of the National Aeronautics and Space Administration, the Secretary of the Air Force, and the heads of other appropriate executive agencies.
(3) For the total claims related to one launch or reentry, a licensee or transferee is not required to obtain insurance or demonstrate financial responsibility of more than—
(A)(i) $500,000,000 under paragraph (1)(A) of this subsection; or
(ii) $100,000,000 under paragraph (1)(B) of this subsection; or
(B) the maximum liability insurance available on the world market at reasonable cost if the amount is less than the applicable amount in clause (A)(i) or (ii) of this paragraph.
(4) An insurance policy or demonstration of financial responsibility under this subsection shall protect the following, to the extent of their potential liability for involvement in launch services or reentry services, at no cost to the Government:
(A) the Government.
(B) executive agencies and personnel, contractors, and subcontractors of the Government.
(C) contractors, subcontractors, and customers of the licensee or transferee.
(D) contractors and subcontractors of the customer.
(E) space flight participants.
(5) Subparagraph (E) of paragraph (4) ceases to be effective September 30, 2025.
(b) Reciprocal Waiver of Claims .—(1)(A) A launch or reentry license issued or transferred under this chapter shall contain a provision requiring the licensee or transferee to make a reciprocal waiver of claims with applicable parties involved in launch services or reentry services under which each party to the waiver agrees to be responsible for personal injury to, death of, or property damage or loss sustained by it or its own employees resulting from an activity carried out under the applicable license.
(B) In this paragraph, the term "applicable parties" means—
(i) contractors, subcontractors, and customers of the licensee or transferee;
(ii) contractors and subcontractors of the customers; and
(iii) space flight participants.
(C) Clause (iii) of subparagraph (B) ceases to be effective September 30, 2025.
(2) The Secretary of Transportation shall make, for the Government, executive agencies of the Government involved in launch services or reentry services, and contractors and subcontractors involved in launch services or reentry services, a reciprocal waiver of claims with the licensee or transferee, contractors, subcontractors, crew, space flight participants, and customers of the licensee or transferee, and contractors and subcontractors of the customers, involved in launch services or reentry services under which each party to the waiver agrees to be responsible for property damage or loss it sustains, or for personal injury to, death of, or property damage or loss sustained by its own employees or by space flight participants, resulting from an activity carried out under the applicable license. The waiver applies only to the extent that claims are more than the amount of insurance or demonstration of financial responsibility required under subsection (a)(1)(B) of this section. After consulting with the Administrator and the Secretary of the Air Force, the Secretary of Transportation may waive, for the Government and a department, agency, and instrumentality of the Government, the right to recover damages for damage or loss to Government property to the extent insurance is not available because of a policy exclusion the Secretary of Transportation decides is usual for the type of insurance involved.
(c) Determination of Maximum Probable Losses .—The Secretary of Transportation shall determine the maximum probable losses under subsection (a)(1)(A) and (B) of this section associated with an activity under a license not later than 90 days after a licensee or transferee requires a determination and submits all information the Secretary requires. The Secretary shall amend the determination as warranted by new information.
(d) Annual Report .—(1) Not later than November 15 of each year, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives a report on current determinations made under subsection (c) of this section related to all issued licenses and the reasons for the determinations.
(2) Not later than May 15 of each year, the Secretary of Transportation shall review the amounts specified in subsection (a)(3)(A) of this section and submit a report to Congress that contains proposed adjustments in the amounts to conform with changed liability expectations and availability of insurance on the world market. The proposed adjustment takes effect 30 days after a report is submitted.
(e) Launches or Reentries Involving Government Facilities and Personnel .—The Secretary of Transportation shall establish requirements consistent with this chapter for proof of financial responsibility and other assurances necessary to protect the Government and its executive agencies and personnel from liability, death, bodily injury, or property damage or loss as a result of a launch or operation of a launch site or reentry site or a reentry involving a facility or personnel of the Government. The Secretary may not relieve the Government of liability under this subsection for death, bodily injury, or property damage or loss resulting from the willful misconduct of the Government or its agents.
(f) Collection and Crediting Payments .—The head of a department, agency, or instrumentality of the Government shall collect a payment owed for damage or loss to Government property under its jurisdiction or control resulting from an activity carried out under a launch or reentry license issued or transferred under this chapter. The payment shall be credited to the current applicable appropriation, fund, or account of the department, agency, or instrumentality.
(g) Federal Jurisdiction .—Any claim by a third party or space flight participant for death, bodily injury, or property damage or loss resulting from an activity carried out under the license shall be the exclusive jurisdiction of the Federal courts.
§2(c)(21), Dec. 23, 2004, 118 Stat. 3981 ; renumbered §70112 then §50914 of title 51,