United States Code, 2000 Edition, with AST revisions to incorporate
P.L. 108‑428 which extended the liability indemnification regime and
P.L. 108‑492, the Commercial Space Launch Amendments Act of 2004.

49 USC CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

Sec.

70101\. Findings and purposes.

70102\. Definitions.

70103\. General authority.

70104\. Restrictions on launches, operations, and reentries.

70105\. License applications and requirements.

70105a. Experimental permits.

70106\. Monitoring activities.

70107\. Effective periods, and modifications, suspensions, and

revocations, of licenses.

70108\. Prohibition, suspension, and end of launches, operation of

launch sites and reentry sites, and reentries.

70109\. Preemption of scheduled launches or reentries.

70109a. Space advertising.

70110\. Administrative hearings and judicial review.

70111\. Acquiring United States Government property and services.

70112\. Liability insurance and financial responsibility

requirements.

70113\. Paying claims exceeding liability insurance and financial

responsibility requirements.

70114\. Disclosing information.

70115\. Enforcement and penalty.

70116\. Consultation.

70117\. Relationship to other executive agencies, laws, and

international obligations.

70118\. User fees.

70119\. Office of Commercial Space Transportation.

70120\. Regulations.

70121\. Report to Congress.

**Sec. 70101. Findings and purposes**

\(a\) 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 or space flight

participants to avoidable risks as the public comes to expect

greater safety for crew 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.

**Sec. 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.

\(2\) '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.

\(4\) \'\'launch\'\' means to place or try to place a launch vehicle

or reentry vehicle and any payload, crew, or space flight

participant 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.

\(5\) \'\'launch property\'\' means an item built for, or used in,

the launch preparation or launch of a launch vehicle.

\(6\) \'\'launch services\'\' means -

\(A\) activities involved in the preparation of a launch

vehicle, payload, crew (including crew training), or space

flight participant for launch; and

\(B\) the conduct of a launch.

\(7\) \'\'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.

\(8\) \'\'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.

\(9\) \'\'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.

\(10\) \'\'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.

\(11\) except in section 70104(c), 'permit' means an experimental

permit issued under section 70105a.

\(12\) \'\'person\'\' means an individual and an entity organized or

existing under the laws of a State or country.

\(13\) \'\'reenter\'\' and \'\'reentry\'\' mean to return or attempt to

return, purposefully, a reentry vehicle and its payload, crew, or

space flight participants, if any, from Earth orbit or from outer

space to Earth.

\(14\) \'\'reentry services\'\' means -

\(A\) activities involved in the preparation of a reentry

vehicle payload, crew (including crew training),

or space flight participant, if any, for reentry; and

\(B\) the conduct of a reentry.

\(15\) \'\'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).

\(16\) \'\'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.

\(17\) 'space flight participant' means an individual, who is

not crew, carried within a launch vehicle or reentry vehicle.

\(18\) \'\'State\'\' means a State of the United States, the District

of Columbia, and a territory or possession of the United States.

\(19\) unless and until regulations take effect under section

70120(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.

\(20\) '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.

\(21\) \'\'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 or space flight participants.

\(22\) \'\'United States\'\' means the States of the United States,

the District of Columbia, and the territories and possessions of

the United States.

**Sec. 70103. General authority**

\(a\) 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.

**Sec. 70104. Restrictions on launches, operations, and reentries**

\(a\) 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

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 section

70102(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

70102(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

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.

**Sec. 70105. License applications and requirements**

\(a\) 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 receiving an application,

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 receiving an application.

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 crews 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 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,

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 70112(a)(2) and (c);

\(B\) the holder of the license or permit has informed any space

flight participant in writing, prior to receiving any compensation

from that space flight participant or (in the case of a space

flight participant not providing compensation) otherwise concluding

any 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) The Secretary may issue regulations

governing the design or operation of a launch vehicle to protect

the health and safety of crew and space flight participants.

\(2\) Regulations issued under this subsection shall---

\(A\) describe how such regulations would be applied when the

Secretary is determining whether to issue a license under this

chapter;

\(B\) 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 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

(as defined in 49 CFR 830, as in effect on November 10, 2004)

to crew or space flight participants; and

\(D\) be issued with a description of the instance or instances

when the design feature or operating practice being restricted

or prohibited contributed to a result or event described in

subparagraph (C).

\(3\) Beginning 8 years after the date of enactment of the

Commercial Space Launch Amendments Act of 2004, the Secretary

may propose regulations under this subsection without regard to

paragraph (2)(C) and (D). Any such regulations shall take into

consideration the evolving standards of safety in the commercial

space flight industry.

\(4\) Nothing in this subsection shall be 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.

**Sec. 70105a. Experimental permits**

\(a\) 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 70105(b)(2)(C).

\(d\) The Secretary may issue a permit only for reusable suborbital

rockets that will be launched or reentered solely for---

\(1\) research and development to test new design concepts, new

equipment, or new operating techniques;

\(2\) showing compliance with requirements as part of the process

for obtaining a license under this chapter; or

\(3\) crew training prior to obtaining a license for a launch or

reentry using the design of the rocket 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 design for the uses described in

subsection (d); and

\(2\) specify the type of modifications that may be made to the

suborbital rocket without changing the design to an extent that

would invalidate the permit.

\(f\) Permits shall not be transferable.

\(g\) A permit may not be issued for, and a permit that has

already been issued shall cease to be valid for, a particular design

for a reusable suborbital rocket after a license has been issued for

the launch or reentry of a rocket of that design.

\(h\) No person may operate a reusable suborbital rocket under a

permit for carrying any property or human being for compensation

or hire.

\(i\) For the purposes of sections 70106, 70107, 70108, 70109,

70110, 70112, 70115, 70116, 70117, and 70121 of this chapter---

\(1\) a permit shall be considered a license;

\(2\) the holder of a permit shall be considered a licensee;

\(3\) a vehicle operating under a permit shall be considered

to be licensed; and

\(4\) the issuance of a permit shall be considered licensing.

This subsection shall not be construed to allow the transfer of

a permit.

**Sec. 70106. Monitoring activities**

\(a\) 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 used for crew 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 section 70104(c),

70105, and 70105a 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.

**Sec. 70107. Effective periods, and modifications, suspensions, and**

**revocations, of licenses**

\(a\) 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 70105(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 crew or space flight

participants 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 crew or space flight participants.

\(2\) 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 70110 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.

**Sec. 70108. Prohibition, suspension, and end of launches, operation**

**of launch sites and reentry sites, and reentries**

\(a\) 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 70110 of this title.

**Sec. 70109. Preemption of scheduled launches or reentries**

\(a\) 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.

**Sec. 70109a. Space advertising**

\(a\) 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.

**Sec. 70110. Administrative hearings and judicial review**

\(a\) 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 70105(a) or 70105a 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 70104(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 70107(b) or (c) of this title to modify, suspend,

or revoke a license; or

\(B\) section 70108(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.

**Sec. 70111. Acquiring United States Government property and**

**Services**

\(a\) 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.

**Sec. 70112. Liability insurance and financial responsibility**

**Requirements**

\(a\) 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.

\(b\) Reciprocal Waiver of Claims. - (1) 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 its contractors, subcontractors, and

customers, 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.

\(2\) 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.

**Sec. 70113. Paying claims exceeding liability insurance and**

**financial responsibility requirements**

\(a\) General Requirements. - (1) To the extent provided in advance

in an appropriation law or to the extent additional legislative

authority is enacted providing for paying claims in a compensation

plan submitted under subsection (d) of this section, the Secretary

of Transportation shall provide for the payment by the United

States Government of a successful claim (including reasonable

litigation or settlement expenses) of a third party against a

licensee or transferee under this chapter, a contractor,

subcontractor, or customer of the licensee or transferee, or a

contractor or subcontractor of a customer, but not against a space

flight participant, resulting from an activity carried out under

the license issued or transferred under this chapter for death,

bodily injury, or property damage or loss resulting from an

activity carried out under the license. However, claims may be

paid under this section only to the extent the total amount of

successful claims related to one launch or reentry -

\(A\) is more than the amount of insurance or demonstration of

financial responsibility required under section 70112(a)(1)(A) of

this title; and

\(B\) 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 section 70112(a)(1)(A) of this

title is not available to cover a successful third party liability

claim because of an insurance policy exclusion the Secretary

decides is usual for the type of insurance involved, the Secretary

may provide for paying the excluded claims without regard to the

limitation contained in section 70112(a)(1).

\(b\) Notice, Participation, and Approval. - Before a payment under

subsection (a) of this section is made -

\(1\) 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.

\(c\) Withholding Payments. - The Secretary may withhold a payment

under subsection (a) of this section if the Secretary certifies

that the amount is not reasonable. However, the Secretary shall

deem to be reasonable the amount of a claim finally decided by a

court of competent jurisdiction.

\(d\) Surveys, Reports, and Compensation Plans. - (1) If as a

result of an activity carried out under a license issued or

transferred under this chapter the total of claims related to one

launch or reentry is likely to be more than the amount of required

insurance or demonstration of financial responsibility, the

Secretary shall -

\(A\) 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.

\(e\) Congressional Resolutions. - (1) In this subsection,

\'\'resolution\'\' -

\(A\) 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 \_ \_ \_ \_ \_ \_ \_, 20\_ \_.\'\', 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.

\(f\) Application. - This section applies to a license issued or

transferred under this chapter for which the Secretary receives a

complete and valid application not later than December 31, 2009.[^1]

This section does not apply to permits.

**Sec. 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 section 70106(b) of this title may disclose

information under this chapter that qualifies for an exemption

under section 552(b)(4) of title 5 or is designated as confidential

by the person or head of the executive agency providing the

information only if the Secretary decides withholding the

information is contrary to the public or national interest.

**Sec. 70115. Enforcement and penalty**

\(a\) Prohibitions. - A person may not violate this chapter, a

regulation prescribed under this chapter, or any term of a license

issued or transferred under this chapter.

\(b\) General Authority. - (1) In carrying out this chapter, the

Secretary of Transportation may -

\(A\) 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, crew or space flight participant training

site, 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.

\(c\) Civil Penalty. - (1) After notice and an opportunity for a

hearing on the record, a person the Secretary finds to have

violated subsection (a) of this section is liable to the United

States Government for a civil penalty of not more than \$100,000. A

separate violation occurs for each day the violation continues.

\(2\) In conducting a hearing under paragraph (1) of this

subsection, the Secretary may -

\(A\) subpoena witnesses and records; and

\(B\) enforce a subpoena 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.

**Sec. 70116. Consultation**

\(a\) Matters Affecting National Security. - The Secretary of

Transportation shall consult with the Secretary of Defense on a

matter under this chapter affecting national security. The

Secretary of Defense shall identify and notify the Secretary of

Transportation of a national security interest relevant to an

activity under this chapter.

\(b\) Matters Affecting Foreign Policy. - The Secretary of

Transportation shall consult with the Secretary of State on a

matter under this chapter affecting foreign policy. The Secretary

of State shall identify and notify the Secretary of Transportation

of a foreign policy interest or obligation relevant to an activity

under this chapter.

\(c\) Other Matters. - In carrying out this chapter, the Secretary

of Transportation shall consult with the head of another executive

agency -

\(1\) to provide consistent application of licensing requirements

under this chapter;

\(2\) to ensure fair treatment for all license applicants; and

\(3\) when appropriate.

**Sec. 70117. Relationship to other executive agencies, laws, and**

**international obligations**

\(a\) Executive Agencies. - Except as provided in this chapter, a

person is not required to obtain from an executive agency a

license, approval, waiver, or exemption to launch a launch vehicle

or operate a launch site or reentry site, or to reenter a reentry

vehicle.

\(b\) Federal Communications Commission and Secretary of Commerce.

\- This chapter does not affect the authority of -

\(1\) the Federal Communications Commission under the

Communications Act of 1934 (47 U.S.C. 151 et seq.); or

\(2\) the Secretary of Commerce under the Land Remote Sensing

Policy Act of 1992 (15 U.S.C. 5601 et seq.).

\(c\) States and Political Subdivisions. - A State or political

subdivision of a State -

\(1\) 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.

\(d\) Consultation. - The Secretary of Transportation is encouraged

to consult with a State to simplify and expedite the approval of a

space launch or reentry activity.

\(e\) Foreign Countries. - The Secretary of Transportation shall -

\(1\) 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.

\(f\) Launch Not an Export; Reentry Not an Import. - A launch

vehicle, reentry vehicle, or payload that is launched or reentered

is not, because of the launch or reentry, an export or import,

respectively, for purposes of a law controlling exports or imports,

except that payloads launched pursuant to foreign trade zone

procedures as provided for under the Foreign Trade Zones Act (19

U.S.C. 81a-81u) shall be considered exports with regard to customs

entry.

\(g\) Nonapplication. - This chapter does not apply to -

\(1\) 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.

**Sec. 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.

**Sec. 70119. Office of Commercial Space Transportation**

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 -

\(1\) \$12,607,000 for fiscal year 2001; and

\(2\) \$16,478,000 for fiscal year 2002.

**Sec. 70120. Regulations**

\(a\) In General. - The Secretary of Transportation, within 9

months after the date of the enactment of this section, shall issue

regulations to carry out this chapter that include -

\(1\) 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.

\(b\) Reentry. - The Secretary of Transportation, within 6 months

after the date of the enactment of this section, shall issue a

notice of proposed rulemaking to carry out this chapter that

includes -

\(1\) 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.

\(c\) Amendments. --- (1) Not later than 12 months after the date

of enactment of the Commercial Space Launch Amendments Act of

2004, the Secretary shall publish proposed regulations to carry

out that Act, including regulations relating to crew, space flight

participants, and permits for launch or reentry of reusable

suborbital rockets. Not later than 18 months after such date of

enactment, the Secretary shall issue final regulations.

(2)(A) Starting 3 years after the date of enactment of the

Commercial Space Launch Amendments Act of 2004, the Secretary

may issue final regulations changing the definition of suborbital

rocket under this chapter. No such regulation may take effect

until 180 days after the Secretary has submitted the regulation

to the Congress.

\(B\) The Secretary may issue regulations under this paragraph

only if the Secretary has determined that the definition in

section 70102 does not describe, or will not continue to

describe, all appropriate vehicles and only those vehicles.

In making that determination, the Secretary shall take into

account the evolving nature of the commercial space launch

industry.

\(d\) Effective Date. --- (1) Licenses for the launch or reentry of

launch vehicles or reentry vehicles with human beings on board

and permits may be issued by the Secretary prior to the issuance

of the regulations described in subsection (c).

\(2\) As soon as practicable after the date of enactment of the

Commercial Space Launch Amendments Act of 2004, the Secretary

shall issue guidelines or advisory circulars to guide the

implementation of that Act until regulations are issued.

\(3\) Notwithstanding paragraphs (1) and (2), no licenses for

the launch or reentry of launch vehicles or reentry vehicles with

human beings on board or permits may be issued starting three

years after the date of enactment of the Commercial Space Launch

Amendments Act of 2004 unless the final regulations described in

subsection (c) have been issued.

**Sec. 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.

[^1]: This extension of indemnification is from P.L. 108-428, November
    30, 2004.