CHAPTER 701 —COMMERCIAL SPACE LAUNCH ACTIVITIES
Amendments
1998—
1994—
Chapter Referred to in Other Sections
This chapter is referred to in title 15 section 5801; title 42 section 2458c.
§70101. Findings and purposes
(a)
(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, and remote sensing technologies;
(4) the private sector in the United States has the capability of developing and providing private satellite launching, reentry, and associated services that would complement the launching, reentry, and associated services now available from 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; and
(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.
(b)
(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; and
(B) facilitating and encouraging the use of Government-developed space technology;
(3) to provide that the Secretary of Transportation is to oversee and coordinate the conduct of commercial launch and reentry operations, issue 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70101(a) | 49 App.:2601. | Oct. 30, 1984, |
| 70101(b) | 49 App.:2602. |
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.
Amendments
1998—Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (b)(2).
Subsec. (b)(2)(A).
Subsec. (b)(3).
Subsec. (b)(4).
§70102. Definitions
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) "executive agency" has the same meaning given that term in
(3) "launch" means to place or try to place a launch vehicle or reentry vehicle and any payload 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.
(4) "launch property" means an item built for, or used in, the launch preparation or launch of a launch vehicle.
(5) "launch services" means—
(A) activities involved in the preparation of a launch vehicle and payload for launch; and
(B) the conduct of a launch.
(6) "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.
(7) "launch vehicle" means—
(A) a vehicle built to operate in, or place a payload in, outer space; and
(B) a suborbital rocket.
(8) "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.
(9) "person" means an individual and an entity organized or existing under the laws of a State or country.
(10) "reenter" and "reentry" mean to return or attempt to return, purposefully, a reentry vehicle and its payload, if any, from Earth orbit or from outer space to Earth.
(11) "reentry services" means—
(A) activities involved in the preparation of a reentry vehicle and its payload, if any, for reentry; and
(B) the conduct of a reentry.
(12) "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).
(13) "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.
(14) "State" means a State of the United States, the District of Columbia, and a territory or possession of the United States.
(15) "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; or
(D) the customer's contractors or subcontractors involved in launch services or reentry services.
(16) "United States" means the States of the United States, the District of Columbia, and the territories and possessions of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70102(1) | 49 App.:2603(9). | Oct. 30, 1984, |
| 49 App.:2603(12). | Oct. 30, 1984, |
|
| 70102(2)–(9) | 49 App.:2603(1)–(8). | |
| 70102(10) | 49 App.:2603(10). | Oct. 30, 1984, |
| 70102(11) | 49 App.:2603(11). | Oct. 30, 1984, |
| 70102(12) | 49 App.:2603(10). |
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.
Pub. L. 104–287
This amends 49:70102(6) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (
Amendments
1998—Par. (3).
Par. (8).
Pars. (10) to (13).
Par. (14).
Par. (15).
Par. (16).
1996—Par. (6).
Effective Date of 1996 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§70103. General authority
(a)
(b)
(1) encourage, facilitate, and promote commercial space launches and reentries by the private sector; 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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70103(a) | 49 App.:2604(a) (1st–10th words). | Oct. 30, 1984, |
| 70103(b) | 49 App.:2604(a) (11th–15th words, cls. (1), (3)). | Oct. 30, 1984, |
| 70103(c) | 49 App.:2604(b). |
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.
Amendments
1998—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Ex. Ord. No. 12465. Coordination and Encouragement of Commercial Expendable Launch Vehicle Activities
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:
(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.
(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.
Ronald Reagan.
§70104. Restrictions on launches, operations, and reentries
(a)
(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 70102(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
(4) for a citizen of the United States (as defined in
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70104(a) | 49 App.:2605(a). | Oct. 30, 1984, |
| 70104(b) | 49 App.:2605(b)(1) (1st sentence). | |
| 70104(c) | 49 App.:2605(b)(1) (last sentence), (2). |
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 (
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.
Amendments
1998—
Subsec. (a)(1), (2).
Subsec. (a)(3), (4).
Subsec. (b).
Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§70105. License applications and requirements
(a)
(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 that may be used in conducting licensed commercial space launch or reentry activities.
(b)
(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) an 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 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; and
(D) regulations establishing criteria for accepting or rejecting an application for a license 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.
(c)
(
Amendment of Subsection (a)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70105(a) | 49 App.:2606 (1st sentence). | Oct. 30, 1984, |
| 49 App.:2608(a) (1st sentence), (b) (1st, 3d, last sentences). | ||
| 70105(b)(1) | 49 App.:2607(a)(1). | |
| 70105(b) (2)(A) | 49 App.:2608(b) (2d sentence). | |
| 70105(b) (2)(B) | 49 App.:2607(b). | |
| 70105(b) (2)(C) | 49 App.:2607(a)(2). | |
| 70105(b)(3) | 49 App.:2607(c). | |
| 70105(c) | 49 App.:2608(a) (last sentence). |
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.
Amendments
1998—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2)(A).
Subsec. (b)(2)(D).
Subsec. (b)(3).
Effective Date of 1998 Amendment
Section Referred to in Other Sections
This section is referred to in
§70106. Monitoring activities
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70106(a) | 49 App.:2613(a). | Oct. 30, 1984, |
| 70106(b) | 49 App.:2613(b). |
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.
Amendments
1998—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§70107. Effective periods, and modifications, suspensions, and revocations, of licenses
(a)
(b)
(c)
(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)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70107(a) | 49 App.:2606 (last sentence). | Oct. 30, 1984, |
| 70107(b) | 49 App.:2609(b). | |
| 70107(c) | 49 App.:2609(a). | |
| 70107(d) | 49 App.:2609(c). | |
| 70107(e) | 49 App.:2609(d). |
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.
Section Referred to in Other Sections
This section is referred to in
§70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70108(a) | 49 App.:2610(a). | Oct. 30, 1984, |
| 70108(b) | 49 App.:2610(b). |
Amendments
1998—
Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§70109. Preemption of scheduled launches or reentries
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70109(a) | 49 App.:2614(b)(4)(A) (1st, last sentences). | Oct. 30, 1984, |
| 70109(b) | 49 App.:2614(b)(4)(A) (2d sentence). | |
| 70109(c) | 49 App.:2614(b)(4)(B). |
Amendments
1998—
Subsec. (a).
Subsec. (c).
§70110. Administrative hearings and judicial review
(a)
(1) an applicant under this chapter, for a decision of the Secretary under
(2) an owner or operator of a payload under this chapter, for a decision of the Secretary under
(3) a licensee under this chapter, for a decision of the Secretary under—
(A) section 70107(b) or (c) of this title to modify, suspend, or revoke a license; or
(B)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70110(a)(1) | 49 App.:2611(a)(1) (1st sentence). | Oct. 30, 1984, |
| 70110(a)(2) | 49 App.:2611(a)(1) (last sentence). | |
| 70110(a)(3) | 49 App.:2611(a)(2). | |
| 70110(b) | 49 App.:2611(b). |
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
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.
Amendments
1998—Subsec. (a)(2).
Subsec. (a)(3)(B).
Section Referred to in Other Sections
This section is referred to in
§70111. Acquiring United States Government property and services
(a)
(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)
(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)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70111(a) | 49 App.:2614(a). | Oct. 30, 1984, |
| 70111(b) | 49 App.:2614(b)(1). | Oct. 30, 1984, |
| 70111(c) | 49 App.:2614(b)(2), (3). | Oct. 30, 1984, |
| 70111(d) | 49 App.:2614(d). | Oct. 30, 1984, |
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.
Amendments
1998—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(2).
Subsec. (b)(1)(A), (B).
Subsec. (b)(2)(C).
Subsec. (b)(3).
Subsec. (d).
§70112. Liability insurance and financial responsibility requirements
(a)
(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.
(b)
(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, 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 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)
(d)
(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)
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70112(a)(1), (2) | 49 App.:2615(a)(1)(A) (1st sentence), (B) (1st sentence). | Oct. 30, 1984, |
| 70112(a)(3) | 49 App.:2615(a)(1)(A) (last sentence), (B) (last sentence). | |
| 70112(a)(4) | 49 App.:2615(a)(2). | |
| 70112(b)(1) | 49 App.:2615(a)(1)(C). | |
| 70112(b)(2) | 49 App.:2615(a)(1)(D). | |
| 70112(c) | 49 App.:2615(a)(3) (1st, 2d sentences). | |
| 70112(d)(1) | 49 App.:2615(a)(3) (last sentence). | |
| 70112(d)(2) | 49 App.:2615(a)(4). | |
| 70112(e) | 49 App.:2614(c). | Oct. 30, 1984, |
| 70112(f) | 49 App.:2615(c). |
In subsection (a), the word "particular" is omitted as surplus.
In subsection (a)(1), before clause (A), the word "sufficient" is omitted as surplus. In clauses (A) and (B), the words "in connection with any particular launch" are omitted as surplus.
In subsection (a)(4), before clause (A), the words "made . . . a requirement described in" are omitted as surplus.
In subsection (b)(2), the words "department, agency, and instrumentality of the Government" are substituted for "Federal agency" for consistency in the revised title and with other titles of the United States Code.
In subsection (d)(2), the words "if appropriate" are omitted as surplus.
In subsection (f), 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. The words "insurance proceeds or . . . other" and "proceeds or other" are omitted as surplus.
Pub. L. 104–287, §5(93)
This amends 49:70112(a)(3)(B) to clarify a cross-reference in the codification enacted by section 1 of the Act of July 5, 1994 (
Amendments
1998—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (e).
Subsec. (f).
1996—Subsec. (a)(3)(B).
Subsec. (d)(1).
Effective Date of 1996 Amendment
Amendment by section 5(93) of
Section Referred to in Other Sections
This section is referred to in
§70113. Paying claims exceeding liability insurance and financial responsibility requirements
(a)
(A) is more than the amount of insurance or demonstration of financial responsibility required under
(B) is not more than $1,500,000,000 (plus additional amounts necessary to reflect inflation occurring after January 1, 1989) above that insurance or financial responsibility amount.
(2) The Secretary may not provide for paying a part of a claim for which death, bodily injury, or property damage or loss results from willful misconduct by the licensee or transferee. To the extent insurance required under
(b)
(1) notice must be given to the Government of a claim, or a civil action related to the claim, against a party described in subsection (a)(1) of this section for death, bodily injury, or property damage or loss;
(2) the Government must be given an opportunity to participate or assist in the defense of the claim or action; and
(3) the Secretary must approve any part of a settlement to be paid out of appropriations of the Government.
(c)
(d)
(A) survey the causes and extent of damage; and
(B) submit expeditiously to Congress a report on the results of the survey.
(2) Not later than 90 days after a court determination indicates that the liability for the total of claims related to one launch or reentry may be more than the required amount of insurance or demonstration of financial responsibility, the President, on the recommendation of the Secretary, shall submit to Congress a compensation plan that—
(A) outlines the total dollar value of the claims;
(B) recommends sources of amounts to pay for the claims;
(C) includes legislative language required to carry out the plan if additional legislative authority is required; and
(D) for a single event or incident, may not be for more than $1,500,000,000.
(3) A compensation plan submitted to Congress under paragraph (2) of this subsection shall—
(A) have an identification number; and
(B) be submitted to the Senate and the House of Representatives on the same day and when the Senate and House are in session.
(e)
(A) means a joint resolution of Congress the matter after the resolving clause of which is as follows: "That the Congress approves the compensation plan numbered __________ submitted to the Congress on __________ XX, 19____.", with the blank spaces being filled appropriately; but
(B) does not include a resolution that includes more than one compensation plan.
(2) The Senate shall consider under this subsection a compensation plan requiring additional appropriations or legislative authority not later than 60 calendar days of continuous session of Congress after the date on which the plan is submitted to Congress.
(3) A resolution introduced in the Senate shall be referred immediately to a committee by the President of the Senate. All resolutions related to the same plan shall be referred to the same committee.
(4)(A) If the committee of the Senate to which a resolution has been referred does not report the resolution within 20 calendar days after it is referred, a motion is in order to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of the plan.
(B) A motion to discharge may be made only by an individual favoring the resolution and is highly privileged (except that the motion may not be made after the committee has reported a resolution on the plan). Debate on the motion is limited to one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order. A motion to reconsider the vote by which the motion is agreed to or disagreed to is not in order.
(C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed and another motion to discharge the committee from another resolution on the same plan may not be made.
(5)(A) After a committee of the Senate reports, or is discharged from further consideration of, a resolution, a motion to proceed to the consideration of the resolution is in order at any time, even though a similar previous motion has been disagreed to. The motion is highly privileged and is not debatable. An amendment to the motion is not in order. A motion to reconsider the vote by which the motion is agreed to or disagreed to is not in order.
(B) Debate on the resolution referred to in subparagraph (A) of this paragraph is limited to not more than 10 hours, to be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.
(6) The following shall be decided in the Senate without debate:
(A) a motion to postpone related to the discharge from committee.
(B) a motion to postpone consideration of a resolution.
(C) a motion to proceed to the consideration of other business.
(D) an appeal from a decision of the chair related to the application of the rules of the Senate to the procedures related to a resolution.
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70113(a) | 49 App.:2615(b)(1). | Oct. 30, 1984, |
| 70113(b) | 49 App.:2615(b)(2). | |
| 70113(c) | 49 App.:2615(b)(3). | |
| 70113(d)(1) | 49 App.:2615(b)(4)(A). | |
| 70113(d)(2) | 49 App.:2615(b)(4)(B). | |
| 70113(d)(3) | 49 App.:2615(b)(4)(C). | |
| 70113(e)(1) | 49 App.:2615(b) (4)(D)(i), (iii). | |
| 70113(e)(2) | 49 App.:2615(b) (4)(D)(ii). | |
| 70113(e)(3) | 49 App.:2615(b) (4)(D)(iv). | |
| 70113(e)(4) | 49 App.:2615(b) (4)(D)(v). | |
| 70113(e)(5) | 49 App.:2615(b) (4)(D)(vi). | |
| 70113(e)(6) | 49 App.:2615(b) (4)(D)(vii). | |
| 70113(f) | 49 App.:2615(b)(5). | Oct. 30, 1984, |
In subsection (a)(1), before clause (A), the word "particular" is omitted as surplus. In clause (B), the words "the level that is" are omitted as surplus.
In subsection (b)(1), the words "civil action" are substituted for "suit" for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b)(2), the words "the Government must be given an opportunity" are substituted for "by the United States, at its election" for clarity.
In subsection (c), the words "just and" and "judgment" are omitted as surplus.
In subsection (d), the word "particular" is omitted as surplus.
In subsection (d)(2), before clause (A), the words "or plans" are omitted because of 1:1.
In subsection (e)(1), before clause (A), the text of 49 App.:2615(b)(4)(D)(i) is omitted as surplus. In clause (A), the word "only" is omitted as surplus. The word "Congress" is substituted for "the first blank space therein being filled with the name of the resolving House" to correct an error in the law.
In subsection (e)(3), the words "once introduced with respect to a compensation plan" are omitted as surplus.
In subsection (e)(4)(A), the word "either" is omitted as surplus.
In subsection (f), the word "only" is omitted as surplus.
Pub. L. 104–287
This amends 49:70113(e)(6)(D) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (
Amendments
1999—Subsec. (f).
1998—Subsecs. (a)(1), (d)(1), (2).
1996—Subsec. (e)(6)(D).
Section Referred to in Other Sections
This section is referred to in title 42 section 2458c.
§70114. Disclosing information
The Secretary of Transportation, an officer or employee of the United States Government, or a person making a contract with the Secretary under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70114 | 49 App.:2608(c). | Oct. 30, 1984, |
The words "data or" are omitted as surplus. The words "the head of" and "executive" are added for consistency in the revised title and with other titles of the United States Code.
§70115. Enforcement and penalty
(a)
(b)
(A) conduct investigations and inquiries;
(B) administer oaths;
(C) take affidavits; and
(D) under lawful process—
(i) enter at a reasonable time a launch site, reentry site, production facility, assembly site of a launch vehicle or reentry vehicle, or site at which a payload is integrated with a launch vehicle or reentry vehicle to inspect an object to which this chapter applies or a record or report the Secretary requires be made or kept under this chapter; and
(ii) seize the object, record, or report when there is probable cause to believe the object, record, or report was used, is being used, or likely will be used in violation of this chapter.
(2) The Secretary may delegate a duty or power under this chapter related to enforcement to an officer or employee of another executive agency with the consent of the head of the agency.
(c)
(2) In conducting a hearing under paragraph (1) of this subsection, the Secretary may—
(A) subpena witnesses and records; and
(B) enforce a subpena in an appropriate district court of the United States.
(3) The Secretary shall impose the civil penalty by written notice. The Secretary may compromise or remit a penalty imposed, or that may be imposed, under this section.
(4) The Secretary shall recover a civil penalty not paid after the penalty is final or after a court enters a final judgment for the Secretary.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70115(a) | 49 App.:2617. | Oct. 30, 1984, |
| 70115(b)(1) | 49 App.:2616(b). | |
| 70115(b)(2) | 49 App.:2616(a). | |
| 70115(c)(1) | 49 App.:2618(a) (1st, 2d sentences). | |
| 70115(c)(2) | 49 App.:2618(c). | |
| 70115(c)(3) | 49 App.:2618(a) (3d, last sentences). | |
| 70115(c)(4) | 49 App.:2618(b). |
In subsection (a), the words "a requirement of" are omitted as surplus. The word "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the United States Code. The words "condition, or restriction" are omitted as surplus.
In subsection (b)(1)(A)–(C), the words "concerning any matter relating to enforcement of this chapter" are omitted as surplus.
In subsection (b)(1)(B) and (C), the words "from any person" are omitted as surplus.
In subsection (b)(1)(B), the word "affirmation" is omitted because of 1:1.
In subsection (b)(2), the text of 49 App.:2616(a) (1st sentence) is omitted as surplus because the Secretary of Transportation enforces programs the Secretary carries out unless otherwise provided. The words "the exercise of" are omitted as surplus. The words "duty or power" are substituted for "authority" for consistency in the revised title and with other titles of the Code. The words "to any officer or employee of the Department of Transportation" are omitted as surplus because of 49:322(b).
In subsection (c)(1), the words "in accordance with
In subsection (c)(2), the words "relevant papers, books, documents, and other" are omitted as surplus. The words "(3) administer oaths and affirmatives" are omitted as surplus because of subsection (b)(1)(B) of this section.
In subsection (c)(3), the word "impose" is substituted for "assessed" for consistency in the revised title and with other titles of the Code. The words "amount of such" and "modify . . . with or without conditions" are omitted as surplus.
Subsection (c)(4) is substituted for 49 App.:2618(b) to eliminate unnecessary words.
Amendments
1998—Subsec. (b)(1)(D)(i).
§70116. Consultation
(a)
(b)
(c)
(1) to provide consistent application of licensing requirements under this chapter;
(2) to ensure fair treatment for all license applicants; and
(3) when appropriate.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70116(a) | 49 App.:2619(a). | Oct. 30, 1984, |
| 70116(b) | 49 App.:2619(b). | |
| 70116(c) | 49 App.:2604(a)(2). | Oct. 30, 1984, |
| 49 App.:2619(c). |
In subsections (a) and (b), the words "including the issuance or transfer of each license" and "be responsible for" are omitted as surplus.
In subsection (c), before clause (1), the words "the head of" and "executive" are added for consistency in the revised title and with other titles of the United States Code. In clause (2), the words "and equitable" in 49 App.:2604(a)(2) are omitted as surplus.
§70117. Relationship to other executive agencies, laws, and international obligations
(a)
(b)
(1) the Federal Communications Commission under the Communications Act of 1934 (
(2) the Secretary of Commerce under the Land Remote Sensing Policy Act of 1992 (
(c)
(1) may not adopt or have in effect a law, regulation, standard, or order inconsistent with this chapter; but
(2) may adopt or have in effect a law, regulation, standard, or order consistent with this chapter that is in addition to or more stringent than a requirement of, or regulation prescribed under, this chapter.
(d)
(e)
(1) carry out this chapter consistent with an obligation the United States Government assumes in a treaty, convention, or agreement in force between the Government and the government of a foreign country; and
(2) consider applicable laws and requirements of a foreign country when carrying out this chapter.
(f)
(g)
(1) a launch, reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site, or other space activity the Government carries out for the Government; or
(2) planning or policies related to the launch, reentry, operation, or activity.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70117(a) | 49 App.:2605(c)(1). | Oct. 30, 1984, |
| 70117(b) | 49 App.:2605(c)(2). | |
| 70117(c) | 49 App.:2620(a) (1st, 2d sentences). | |
| 70117(d) | 49 App.:2620(a) (last sentence). | |
| 70117(e) | 49 App.:2620(d). | |
| 70117(f) | 49 App.:2620(b). | |
| 70117(g) | 49 App.:2620(c). |
In subsection (e)(1), the words "government of a foreign country" are substituted for "foreign nation" for consistency in the revised title and with other titles of the United States Code.
Pub. L. 104–287
This amends 49:70117(b)(2) by updating a cross-reference. Section 4 of the Land Remote Sensing Policy Act of 1992 (
References in Text
The Communications Act of 1934, referred to in subsec. (b)(1), is act June 19, 1934, ch. 652,
The Land Remote Sensing Policy Act of 1992, referred to in subsec. (b)(2), is
The Foreign Trade Zones Act, referred to in subsec. (f), is act June 18, 1934, ch. 590,
Amendments
1998—Subsec. (a).
Subsec. (d).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(2).
1996—Subsec. (b)(2).
Section Referred to in Other Sections
This section is referred to in title 42 section 2458c.
§70118. User fees
The Secretary of Transportation may collect a user fee for a regulatory or other service conducted under this chapter only if specifically authorized by this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70118 | 49 App.:2623 (last sentence). | Oct. 30, 1984, |
§70119. Authorization of appropriations
There are authorized to be appropriated to the Secretary of Transportation for the activities of the Office of the Associate Administrator for Commercial Space Transportation—
(1) $6,275,000 for the fiscal year ending September 30, 1999; and
(2) $6,600,000 for the fiscal year ending September 30, 2000.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70119 | 49 App.:2623 (less last sentence). | Oct. 30, 1984, |
In this section, the amendment by section 211 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 (
As to the applicability of section 219 of the Act (
Amendments
1998—
"(1) $4,900,000 to carry out this chapter.
"(2) $20,000,000 for a program to ensure the resiliency of the space launch infrastructure of the United States if a law is enacted to establish that program in the Department of Transportation."
§70120. Regulations
(a)
(1) guidelines for industry and State governments to obtain sufficient insurance coverage for potential damages to third parties;
(2) procedures for requesting and obtaining licenses to launch a commercial launch vehicle;
(3) procedures for requesting and obtaining operator licenses for launch;
(4) procedures for requesting and obtaining launch site operator licenses; and
(5) procedures for the application of government indemnification.
(b)
(1) procedures for requesting and obtaining licenses to reenter a reentry vehicle;
(2) procedures for requesting and obtaining operator licenses for reentry; and
(3) procedures for requesting and obtaining reentry site operator licenses.
(Added
References in Text
The date of the enactment of this section, referred to in text, is the date of enactment of
§70121. Report to Congress
The Secretary of Transportation shall submit to Congress an annual report to accompany the President's budget request that—
(1) describes all activities undertaken under this chapter, including a description of the process for the application for and approval of licenses under this chapter and recommendations for legislation that may further commercial launches and reentries; and
(2) reviews the performance of the regulatory activities and the effectiveness of the Office of Commercial Space Transportation.
(Added