-CITE-

49 USC CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-MISC1-

Sec.

70101\. Findings and purposes.

70102\. Definitions.

70103\. General authority.

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

70105\. License applications and requirements.

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.

AMENDMENTS

2000 - Pub. L. 106-405, Sec. 3(b), Nov. 1, 2000, 114 Stat. 1752,

substituted \"Office of Commercial Space Transportation\" for

\"Authorization of appropriations\" in item 70119.

Pub. L. 106-391, title III, Sec. 322(d), Oct. 30, 2000, 114 Stat.

1598, added item 70109a.

1998 - Pub. L. 105-303, title I, Sec. 102(a)(1), Oct. 28, 1998,

112 Stat. 2846, substituted \"launches, operations, and reentries\"

for \"launches and operations\" in item 70104, \"launches, operation

of launch sites and reentry sites, and reentries\" for \"launches and

operation of launch sites\" in item 70108, inserted \"or reentries\"

after \"scheduled launches\" in item 70109, and added items 70120 and

70121\.

1994 - Pub. L. 103-429, Sec. 6(78), Oct. 31, 1994, 108 Stat.

4388, made technical amendment to chapter heading.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 15 section 5801; title 42

section 2458c.

-End-

-CITE-

49 USC Sec. 70101 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70101. Findings and purposes

-STATUTE-

\(a\) 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, 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.

\(b\) 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; 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1330; Pub. L.

105-303, title I, Sec. 102(a)(2), Oct. 28, 1998, 112 Stat. 2846.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70101(a) 49 App.:2601. Oct. 30, 1984, Pub. L.

98-575, Secs. 2, 3, 98 Stat.

3055; Nov. 16, 1990, Pub. L.

101-611, Sec. 117(c), (d),

104 Stat. 3202.

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). Pub. L. 105-303, Sec. 102(a)(2)(A),

inserted \"microgravity research,\" after \"information services,\".

Subsec. (a)(4). Pub. L. 105-303, Sec. 102(a)(2)(B), inserted \",

reentry,\" after \"launching\" in two places.

Subsec. (a)(5). Pub. L. 105-303, Sec. 102(a)(2)(C), inserted \",

reentry vehicles,\" after \"launch vehicles\".

Subsec. (a)(6). Pub. L. 105-303, Sec. 102(a)(2)(D), inserted \"and

reentry services\" after \"launch services\".

Subsec. (a)(7). Pub. L. 105-303, Sec. 102(a)(2)(E), inserted \",

reentries,\" after \"launches\" in two places.

Subsec. (a)(8). Pub. L. 105-303, Sec. 102(a)(2)(F), (G), inserted

\", reentry sites,\" after \"launch sites\" and \"and reentry services\"

after \"launch services\".

Subsec. (a)(9). Pub. L. 105-303, Sec. 102(a)(2)(H), (I), inserted

\"reentry sites,\" after \"launch sites,\" and \"and reentry site\"
after

\"launch site\".

Subsec. (b)(2). Pub. L. 105-303, Sec. 102(a)(2)(J), inserted \",

reentry vehicles,\" after \"launch vehicles\" in introductory

provisions.

Subsec. (b)(2)(A). Pub. L. 105-303, Sec. 102(a)(2)(K), struck out

\"launch\" before \"licenses\".

Subsec. (b)(3). Pub. L. 105-303, Sec. 102(a)(2)(L), (M), inserted

\"and reentry\" after \"conduct of commercial launch\" and struck out

\"launch\" before \"licenses\".

Subsec. (b)(4). Pub. L. 105-303, Sec. 102(a)(2)(N), inserted \"and

development of reentry sites,\" after \"launch-site support

facilities,\".

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-405, Sec. 1, Nov. 1, 2000, 114 Stat. 1751, provided

that: \"This Act \[amending sections 70113 and 70119 of this title

and enacting provisions set out as notes under this section and

sections 70112 and 70113 of this title and section 2281 of Title

10, Armed Forces\] may be cited as the \'Commercial Space

Transportation Competitiveness Act of 2000\'.\"

FINDINGS

Pub. L. 106-405, Sec. 2, Nov. 1, 2000, 114 Stat. 1751, provided

that: \"The Congress finds that -

\"(1) a robust United States space transportation industry is

vital to the Nation\'s economic well-being and national security;

\"(2) enactment of a 5-year extension of the excess third party

claims payment provision of chapter 701 of title 49, United

States Code (Commercial Space Launch Activities), will have a

beneficial impact on the international competitiveness of the

United States space transportation industry;

\"(3) space transportation may evolve into airplane-style

operations;

\"(4) during the next 3 years the Federal Government and the

private sector should analyze the liability risk-sharing regime

to determine its appropriateness and effectiveness, and, if

needed, develop and propose a new regime to Congress at least 2

years prior to the expiration of the extension contained in this

Act \[see Short Title of 2000 Amendment note above\];

\"(5) the areas of responsibility of the Office of the Associate

Administrator for Commercial Space Transportation have

significantly increased as a result of -

\"(A) the rapidly expanding commercial space transportation

industry and associated government licensing requirements;

\"(B) regulatory activity as a result of the emerging

commercial reusable launch vehicle industry; and

\"(C) the increased regulatory activity associated with

commercial operation of launch and reentry sites; and

\"(6) the Office of the Associate Administrator for Commercial

Space Transportation should continue to limit its promotional

activities to those which support its regulatory mission.\"

-End-

-CITE-

49 USC Sec. 70102 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70102. Definitions

-STATUTE-

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

section 105 of title 5.

\(3\) \"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.

\(8\) \"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.

\(9\) \"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.

\(10\) \"person\" means an individual and an entity organized or

existing under the laws of a State or country.

\(11\) \"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.

\(12\) \"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.

\(13\) \"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).

\(14\) \"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.

\(15\) \"State\" means a State of the United States, the District

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

\(16\) \"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.

\(17\) \"United States\" means the States of the United States, the

District of Columbia, and the territories and possessions of the

United States.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1331; Pub. L.

104-287, Sec. 5(92), Oct. 11, 1996, 110 Stat. 3398; Pub. L.

105-303, title I, Sec. 102(a)(3), Oct. 28, 1998, 112 Stat. 2846;

Pub. L. 106-391, title III, Sec. 322(a), Oct. 30, 2000, 114 Stat.

1598.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70102(1) 49 App.:2603(9). Oct. 30, 1984, Pub. L.

98-575, Sec. 4(1)-(9), 98

Stat. 3056.

49 App.:2603(12). Oct. 30, 1984, Pub. L.

98-575, Sec. 4(12), 98 Stat.

3056; Nov. 15, 1988, Pub. L.

100-657, Sec. 3(2), 102

Stat. 3900.

70102(2)- 49 App.:2603(1)-(8).

\(9\)

70102(10) 49 App.:2603(10). Oct. 30, 1984, Pub. L.

98-575, Sec. 4(10), 98 Stat.

3056; Nov. 15, 1988, Pub. L.

100-657, Sec. 3(1), 102

Stat. 3900.

70102(11) 49 App.:2603(11). Oct. 30, 1984, Pub. L.

98-575, 98 Stat. 3055, Sec.

4(11); added Nov. 15, 1988,

Pub. L. 100-657, Sec. 3(3),

102 Stat. 3900.

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 (Public Law

103-272, 108 Stat. 1331).

AMENDMENTS

2000 - Pars. (8) to (17). Pub. L. 106-391 added par. (8) and

redesignated former pars. (8) to (16) as (9) to (17), respectively.

1998 - Par. (3). Pub. L. 105-303, Sec. 102(a)(3)(A), substituted

\"or reentry vehicle and any payload from Earth\" for \"and any

payload\" in introductory provisions and a comma for the period at

end of subpar. (C) and inserted concluding provisions.

Par. (8). Pub. L. 105-303, Sec. 102(a)(3)(B), inserted \"or

reentry vehicle\" after \"means of a launch vehicle\".

Pars. (10) to (13). Pub. L. 105-303, Sec. 102(a)(3)(D), added

pars. (10) to (13). Former pars. (10) to (12) redesignated (14) to

(16), respectively.

Par. (14). Pub. L. 105-303, Sec. 102(a)(3)(C), redesignated par.

\(10\) as (14).

Par. (15). Pub. L. 105-303, Sec. 102(a)(3)(C), (E), redesignated

par. (11) as (15) and inserted \"or reentry services\" after \"launch

services\" wherever appearing.

Par. (16). Pub. L. 105-303, Sec. 102(a)(3)(C), redesignated par.

\(12\) as (16).

1996 - Par. (6). Pub. L. 104-287 substituted \"facilities at that

location\" for \"facilities\".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-287 effective July 5, 1994, see section

8(1) of Pub. L. 104-287, set out as a note under section 5303 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 70104 of this title.

-End-

-CITE-

49 USC Sec. 70103 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70103. General authority

-STATUTE-

\(a\) 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; 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.

\(c\) Executive Agency Assistance. - When necessary, the head of an

executive agency shall assist the Secretary in carrying out this

chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1332; Pub. L.

105-303, title I, Sec. 102(a)(4), Oct. 28, 1998, 112 Stat. 2847.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70103(a) 49 App.:2604(a) Oct. 30, 1984, Pub. L.

(1st-10th words). 98-575, Sec. 5(a) (1st-10th

words, (b)), 98 Stat. 3057.

70103(b) 49 App.:2604(a) Oct. 30, 1984, Pub. L.

(11th-15th words, 98-575, Sec. 5(a) (11th-15th

cls. (1), (3)). words, cls. (1), (3)), 98

Stat. 3057; Nov. 16, 1990,

Pub. L. 101-611, Sec.

117(e)(1), (3), 104 Stat.

3203\.

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). Pub. L. 105-303, Sec. 102(a)(4)(A), inserted

\"and Reentries\" after \"Launches\" in heading.

Subsec. (b)(1). Pub. L. 105-303, Sec. 102(a)(4)(B), inserted \"and

reentries\" after \"commercial space launches\".

Subsec. (b)(2). Pub. L. 105-303, Sec. 102(a)(4)(C), inserted \"and

reentry\" after \"space launch\".

-EXEC-

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:

Section 1. The Department of Transportation is designated as the

lead agency within the Federal government for encouraging and

facilitating commercial ELV activities by the United States private

sector.

Sec. 2. Responsibilities of Lead Agency. The Secretary of

Transportation shall, to the extent permitted by law and subject to

the availability of appropriations, perform the following

functions:

\(a\) act as a focal point within the Federal government for

private sector space launch contacts related to commercial ELV

operations;

\(b\) promote and encourage commercial ELV operations in the same

manner that other private United States commercial enterprises are

promoted by United States agencies;

\(c\) provide leadership in the establishment, within affected

departments and agencies, of procedures that expedite the

processing of private sector requests to obtain licenses necessary

for commercial ELV launches and the establishment and operation of

commercial launch ranges;

\(d\) consult with other affected agencies to promote consistent

application of ELV licensing requirements for the private sector

and assure fair and equitable treatment for all private sector

applicants;

\(e\) serve as a single point of contact for collection and

dissemination of documentation related to commercial ELV licensing

applications;

\(f\) make recommendations to affected agencies and, as

appropriate, to the President, concerning administrative measures

to streamline Federal government procedures for licensing of

commercial ELV activities;

\(g\) identify Federal statutes, treaties, regulations and policies

which may have an adverse impact on ELV commercialization efforts

and recommend appropriate changes to affected agencies and, as

appropriate, to the President; and

\(h\) conduct appropriate planning regarding long-term effects of

Federal activities related to ELV commercialization.

Sec. 3. An interagency group, chaired by the Secretary of

Transportation and composed of representatives from the Department

of State, the Department of Defense, the Department of Commerce,

the Federal Communications Commission, and the National Aeronautics

and Space Administration, is hereby established. This group shall

meet at the call of the Chair and shall advise and assist the

Department of Transportation in performing its responsibilities

under this Order.

Sec. 4. Responsibilities of Other Agencies. All executive

departments and agencies shall assist the Secretary of

Transportation in carrying out this Order. To the extent permitted

by law and in consultation with the Secretary of Transportation,

they shall:

\(a\) provide the Secretary of Transportation with information

concerning agency regulatory actions which may affect development

of commercial ELV operations;

\(b\) review and revise their regulations and procedures to

eliminate unnecessary regulatory obstacles to the development of

commercial ELV operations and to ensure that those regulations and

procedures found essential are administered as efficiently as

possible; and

\(c\) establish timetables for the expeditious handling of and

response to applications for licenses and approvals for commercial

ELV activities.

Sec. 5. The powers granted to the Secretary of Transportation to

encourage, facilitate and coordinate the overall ELV

commercialization process shall not diminish or abrogate any

statutory or operational authority exercised by any other Federal

agency.

Sec. 6. Nothing contained in this Order or in any procedures

promulgated hereunder shall confer any substantive or procedural

right or privilege on any person or organization, enforceable

against the United States, its agencies, its officers or any

person.

Sec. 7. This Order shall be effective immediately.

Ronald Reagan.

-End-

-CITE-

49 USC Sec. 70104 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

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

-STATUTE-

\(a\) License Requirement. - A license issued or transferred under

this chapter 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.

\(b\) Compliance With Payload Requirements. - The holder of a

license 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1332; Pub. L.

105-303, title I, Sec. 102(a)(5), Oct. 28, 1998, 112 Stat. 2847.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70104(a) 49 App.:2605(a). Oct. 30, 1984, Pub. L.

98-575, Sec. 6(a), (b), 98

Stat. 3057.

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 (Public Law 100-657, 102 Stat. 3900) redesignated 49

App.:2603(11) as 49 App.:2603(12) but did not amend the

cross-reference in 49 App.:2605(a).

In subsection (a)(3) and (4), the words \"the government of\" are

added for consistency in the revised title and with other titles of

the United States Code. The words \"in force\" are omitted as

surplus.

In subsection (a)(3), the words \"at any place which is both\" are

omitted as surplus.

In subsection (a)(4), the text of 49 App.:2605(a)(3)(B)(i) is

omitted as surplus.

In subsection (c), the words \"by Federal law\", \"which is to be

launched\", \"by any Federal law\", \"take such action under this

chapter as the Secretary deems necessary to\", and \"of a payload by

a holder of a launch license under this chapter\" are omitted as

surplus.

AMENDMENTS

1998 - Pub. L. 105-303, Sec. 102(a)(5)(A), substituted

\"Restrictions on launches, operations, and reentries\" for

\"Restrictions on launches and operations\" in section catchline.

Subsec. (a)(1), (2). Pub. L. 105-303, Sec. 102(a)(5)(B), inserted

\"or reentry site, or to reenter a reentry vehicle,\" after \"operate

a launch site\".

Subsec. (a)(3), (4). Pub. L. 105-303, Sec. 102(a)(5)(B), (C),

inserted \"or reentry site, or to reenter a reentry vehicle,\" after

\"operate a launch site\" and \"or reentry\" after \"launch or

operation\".

Subsec. (b). Pub. L. 105-303, Sec. 102(a)(5)(D), struck out

\"launch\" before \"license\" and inserted \"or reenter\" after \"may

launch\" and \"or reentering\" after \"related to launching\".

Subsec. (c). Pub. L. 105-303, Sec. 102(a)(5)(E), substituted

\"Preventing Launches and Reentries\" for \"Preventing Launches\" in

heading and inserted \"or reentry\" after \"prevent the launch\" and

after \"decides the launch\" in second sentence.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 70106, 70110 of this

title.

-End-

-CITE-

49 USC Sec. 70105 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70105. License applications and requirements

-STATUTE-

\(a\) 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 a license is not issued 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 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 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;

\(B\) 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.

\(c\) Procedures and Timetables. - The Secretary shall establish

procedures and timetables that expedite review of a license

application and reduce the regulatory burden for an applicant.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1333; Pub. L.

105-303, title I, Sec. 102(a)(6), Oct. 28, 1998, 112 Stat. 2848.)

-STATAMEND-

AMENDMENT OF SUBSECTION (A)

Pub. L. 105-303, title I, Sec. 102(a)(6)(B), (c), Oct. 28, 1998,

112 Stat. 2848, 2851, provided that, effective upon the effective

date of final regulations issued pursuant to subsection (b)(2)(D)

of this section, subsection (a) of this section is amended by

striking \"receiving an application\" both places it appears and

inserting \"accepting an application in accordance with criteria

established pursuant to subsection (b)(2)(D)\".

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70105(a) 49 App.:2606 (1st Oct. 30, 1984, Pub. L.

sentence). 98-575, Secs. 7 (1st

sentence), 8, 9(a), (b), 98

Stat. 3058.

49 App.:2608(a)

(1st sentence), (b)

(1st, 3d, last

sentences).

70105(b)(1) 49 App.:2607(a)(1).

70105(b) 49 App.:2608(b) (2d

(2)(A) sentence).

70105(b) 49 App.:2607(b).

(2)(B)

70105(b) 49 App.:2607(a)(2).

(2)(C)

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.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-303, Sec. 102(a)(6)(A), (C),

designated existing provisions as par. (1), inserted \"The Secretary

shall transmit to the Committee on Science of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a written notice not later than 30

days after any occurrence when a license is not issued within the

deadline established by this subsection.\" at end of par. (1), and

added par. (2).

Subsec. (b)(1). Pub. L. 105-303, Sec. 102(a)(6)(D), inserted \"or

a reentry site, or the reentry of a reentry vehicle,\" after

\"operation of a launch site\".

Subsec. (b)(2)(A). Pub. L. 105-303, Sec. 102(a)(6)(E),

substituted \", operation, or reentry\" for \"or operation\".

Subsec. (b)(2)(D). Pub. L. 105-303, Sec. 102(a)(6)(F)-(H), added

subpar. (D).

Subsec. (b)(3). Pub. L. 105-303, Sec. 102(a)(6)(I), inserted \",

including the requirement to obtain a license,\" after \"waive a

requirement\".

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-303, title I, Sec. 102(c), Oct. 28, 1998, 112 Stat.

2851, provided that: \"The amendments made by subsection (a)(6)(B)

\[amending this section\] shall take effect upon the effective date

of final regulations issued pursuant to section 70105(b)(2)(D) of

title 49, United States Code, as added by subsection (a)(6)(H).\"

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 70110 of this title.

-End-

-CITE-

49 USC Sec. 70106 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70106. Monitoring activities

-STATUTE-

\(a\) 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, 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) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1334; Pub. L.

105-303, title I, Sec. 102(a)(7), Oct. 28, 1998, 112 Stat. 2848.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70106(a) 49 App.:2613(a). Oct. 30, 1984, Pub. L.

98-575, Sec. 14, 98 Stat.

3060\.

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). Pub. L. 105-303, in first sentence, inserted

\"or reentry site\" after \"observer at a launch site\" and \"or reentry

vehicle\" after \"assemble a launch vehicle\" and after \"with a launch

vehicle\".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 70114 of this title.

-End-

-CITE-

49 USC Sec. 70107 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

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

revocations, of licenses

-STATUTE-

\(a\) 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. - 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.

\(c\) 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.

\(d\) 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.

\(e\) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1334.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70107(a) 49 App.:2606 (last Oct. 30, 1984, Pub. L.

sentence). 98-575, Secs. 7 (last

sentence), 10, 98 Stat.

3058, 3059.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 70110 of this title.

-End-

-CITE-

49 USC Sec. 70108 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

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

of launch sites and reentry sites, and reentries

-STATUTE-

\(a\) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1334; Pub. L.

105-303, title I, Sec. 102(a)(8), Oct. 28, 1998, 112 Stat. 2848.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70108(a) 49 App.:2610(a). Oct. 30, 1984, Pub. L.

98-575, Sec. 11, 98 Stat.

3059\.

70108(b) 49 App.:2610(b).

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

AMENDMENTS

1998 - Pub. L. 105-303, Sec. 102(a)(8)(A), substituted

\"Prohibition, suspension, and end of launches, operation of launch

sites and reentry sites, and reentries\" for \"Prohibition,

suspension, and end of launches and operation of launch sites\" in

section catchline.

Subsec. (a). Pub. L. 105-303, Sec. 102(a)(8)(B), inserted \"or

reentry site, or reentry of a reentry vehicle,\" after \"operation of

a launch site\" and \"or reentry\" after \"launch or operation\".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 70110 of this title.

-End-

-CITE-

49 USC Sec. 70109 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70109. Preemption of scheduled launches or reentries

-STATUTE-

\(a\) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1335; Pub. L.

105-303, title I, Sec. 102(a)(9), Oct. 28, 1998, 112 Stat. 2849.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70109(a) 49 Oct. 30, 1984, Pub. L.

App.:2614(b)(4)(A) 98-575, 98 Stat. 3055, Sec.

(1st, last 15(b)(4); added Nov. 15,

sentences). 1988, Pub. L. 100-657, Sec.

7, 102 Stat. 3906.

70109(b) 49

App.:2614(b)(4)(A)

(2d sentence).

70109(c) 49

App.:2614(b)(4)(B).

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

AMENDMENTS

1998 - Pub. L. 105-303, Sec. 102(a)(9)(A), substituted

\"Preemption of scheduled launches or reentries\" for \"Preemption of

scheduled launches\" in section catchline.

Subsec. (a). Pub. L. 105-303, Sec. 102(a)(9)(B), inserted \"or

reentry\" after \"ensure that a launch\", \", reentry site,\" after

\"United States Government launch site\", \"or reentry date

commitment\" after \"launch date commitment\", \"or reentry\" after

\"obtained for a launch\", \", reentry site,\" after \"access to a

launch site\", \", or services related to a reentry,\" after \"amount

for launch services\", and \"or reentry\" after \"the scheduled

launch\".

Subsec. (c). Pub. L. 105-303, Sec. 102(a)(9)(C), inserted \"or

reentry\" after \"prompt launching\".

-End-

-CITE-

49 USC Sec. 70109a 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70109a. Space advertising

-STATUTE-

\(a\) 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.

-SOURCE-

(Added Pub. L. 106-391, title III, Sec. 322(b), Oct. 30, 2000, 114

Stat. 1598.)

-MISC1-

NEGOTIATION WITH FOREIGN LAUNCHING NATIONS

Pub. L. 106-391, title III, Sec. 322(c), Oct. 30, 2000, 114 Stat.

1598, provided that:

\"(1) The President is requested to negotiate with foreign

launching nations for the purpose of reaching one or more

agreements that prohibit the use of outer space for obtrusive space

advertising purposes.

\"(2) It is the sense of the Congress that the President should

take such action as is appropriate and feasible to enforce the

terms of any agreement to prohibit the use of outer space for

obtrusive space advertising purposes.

\"(3) As used in this subsection, the term \'foreign launching

nation\' means a nation -

\"(A) that launches, or procures the launching of, a payload

into outer space; or

\"(B) from the territory or facility of which a payload is

launched into outer space.\"

-End-

-CITE-

49 USC Sec. 70110 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70110. Administrative hearings and judicial review

-STATUTE-

\(a\) 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) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1335; Pub. L.

105-303, title I, Sec. 102(a)(10), Oct. 28, 1998, 112 Stat. 2849.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70110(a)(1) 49 App.:2611(a)(1) Oct. 30, 1984, Pub. L.

(1st sentence). 98-575, Sec. 12, 98 Stat.

3060\.

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

section 554 of title 5\" are omitted for consistency and because

5:554 applies to a hearing on the record unless otherwise stated.

In clause (1), the words \"and a proposed transferee of a license\"

are omitted as being included in \"applicant\".

In subsection (b), the words \"to issue, transfer, deny the

issuance or transfer of, suspend, revoke, or modify a license or to

terminate, prohibit, or suspend any launch or operation of a launch

site licensed by the Secretary or to prevent the launch of a

payload\" are omitted as surplus.

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-303, Sec. 102(a)(10)(A),

inserted \"or reentry\" after \"prevent the launch\".

Subsec. (a)(3)(B). Pub. L. 105-303, Sec. 102(a)(10)(B), inserted

\"or reentry site, or reentry of a reentry vehicle,\" after

\"operation of a launch site\".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 70107, 70108 of this

title.

-End-

-CITE-

49 USC Sec. 70111 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70111. Acquiring United States Government property and

services

-STATUTE-

\(a\) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1335; Pub. L.

105-303, title I, Sec. 102(a)(11), Oct. 28, 1998, 112 Stat. 2849.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70111(a) 49 App.:2614(a). Oct. 30, 1984, Pub. L.

98-575, Sec. 15(a), 98 Stat.

3060; Nov. 15, 1988, Pub. L.

100-657, Sec. 4(a), 102

Stat. 3900; Nov. 16, 1990,

Pub. L. 101-611, Sec.

117(b), 104 Stat. 3202.

70111(b) 49 App.:2614(b)(1). Oct. 30, 1984, Pub. L.

98-575, Sec. 15(b)(1), 98

Stat. 3061; Nov. 15, 1988,

Pub. L. 100-657, Sec. 4(b),

102 Stat. 3901.

70111(c) 49 App.:2614(b)(2), Oct. 30, 1984, Pub. L.

(3). 98-575, Sec. 15(b)(2), (3),

98 Stat. 3061.

70111(d) 49 App.:2614(d). Oct. 30, 1984, Pub. L.

98-575, 98 Stat. 3055, Sec.

15(d); added Nov. 15, 1988,

Pub. L. 100-657, Sec. 4(c),

102 Stat. 3901.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

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). Pub. L. 105-303, Sec. 102(a)(11)(A),

inserted \"or reentry\" after \"launch\".

Subsec. (a)(1)(B). Pub. L. 105-303, Sec. 102(a)(11)(B), inserted

\"and reentry services\" after \"launch services\".

Subsec. (a)(2). Pub. L. 105-303, Sec. 102(a)(11)(C), (D),

inserted \"or reentry services\" after \"or launch services\" and

substituted \"source, whether such source is located on or off a

Federal range\" for \"source\".

Subsec. (b)(1)(A), (B). Pub. L. 105-303, Sec. 102(a)(11)(E),

inserted \"or reentry\" after \"commercial launch\".

Subsec. (b)(2)(C). Pub. L. 105-303, Sec. 102(a)(11)(F), inserted

\"or reentry services\" after \"launch services\".

Subsec. (b)(3). Pub. L. 105-303, Sec. 102(a)(11)(G), added par.

(3).

Subsec. (d). Pub. L. 105-303, Sec. 102(a)(11)(H), (I),

substituted \"or reentry vehicle, or the payload of either, for

launch or reentry\" for \"or its payload for launch\" and inserted \",

reentry vehicle,\" after \"manufacturer of the launch vehicle\".

-End-

-CITE-

49 USC Sec. 70112 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70112. Liability insurance and financial responsibility

requirements

-STATUTE-

\(a\) 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, 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.

\(c\) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1336; Pub. L.

104-287, Sec. 5(74), (93), Oct. 11, 1996, 110 Stat. 3396, 3398;

Pub. L. 105-303, title I, Sec. 102(a)(12), Oct. 28, 1998, 112 Stat.

2850.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70112(a)( 49 Oct. 30, 1984, Pub. L.

1), (2) App.:2615(a)(1)(A) 98-575, Sec. 16(a), (c), 98

(1st sentence), (B) Stat. 3061; restated Nov.

(1st sentence). 15, 1988, Pub. L. 100-657,

Sec. 5(a), 102 Stat. 3901,

3905\.

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, Pub. L.

98-575, Sec. 15(c), 98

Stat. 3061; restated Nov.

15, 1988, Pub. L. 100-657,

Sec. 5(b), 102 Stat. 3905.

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, SEC. 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

(Public Law 103-272, 108 Stat. 1337).

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-303, Sec. 102(a)(12)(A),

inserted \"launch or reentry\" before \"license is issued\".

Subsec. (a)(3). Pub. L. 105-303, Sec. 102(a)(12)(B), inserted \"or

reentry\" after \"one launch\" in introductory provisions.

Subsec. (a)(4). Pub. L. 105-303, Sec. 102(a)(12)(C), inserted \"or

reentry services\" after \"launch services\" in introductory

provisions.

Subsec. (b)(1). Pub. L. 105-303, Sec. 102(a)(12)(D)-(F), inserted

\"launch or reentry\" before \"license issued or transferred\", \"or

reentry services\" after \"launch services\", and \"applicable\" after

\"carried out under the\".

Subsec. (b)(2). Pub. L. 105-303, Sec. 102(a)(12)(E), (F),

inserted \"or reentry services\" after \"launch services\" wherever

appearing and \"applicable\" after \"carried out under the\".

Subsec. (e). Pub. L. 105-303, Sec. 102(a)(12)(G), (H), inserted

\"or Reentries\" after \"Launches\" in heading and \"or reentry site or

a reentry\" after \"launch site\" in text.

Subsec. (f). Pub. L. 105-303, Sec. 102(a)(12)(I), inserted

\"launch or reentry\" before \"license issued or transferred\".

1996 - Subsec. (a)(3)(B). Pub. L. 104-287, Sec. 5(93),

substituted \"clause (A)(i) or (ii)\" for \"clause (A)\".

Subsec. (d)(1). Pub. L. 104-287, Sec. 5(74), substituted

\"Committee on Science\" for \"Committee on Science, Space, and

Technology\".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 5(93) of Pub. L. 104-287 effective July 5,

1994, see section 8(1) of Pub. L. 104-287, set out as a note under

section 5303 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 2nd item on page 133 identifies a reporting provision

which, as subsequently amended, is contained in subsec. (d)(1) of

this section), see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance.

LIABILITY REGIME FOR COMMERCIAL SPACE TRANSPORTATION

Pub. L. 106-405, Sec. 7, Nov. 1, 2000, 114 Stat. 1752, provided

that:

\"(a) Report Requirement. - Not later than 18 months after the

date of the enactment of this Act \[Nov. 1, 2000\], the Secretary of

Transportation shall transmit to the Congress a report on the

liability risk-sharing regime in the United States for commercial

space transportation.

\"(b) Contents. - The report required by this section shall -

\"(1) analyze the adequacy, propriety, and effectiveness of, and

the need for, the current liability risk-sharing regime in the

United States for commercial space transportation;

\"(2) examine the current liability and liability risk-sharing

regimes in other countries with space transportation

capabilities;

\"(3) examine the appropriateness of deeming all space

transportation activities to be \'ultrahazardous activities\' for

which a strict liability standard may be applied and which

liability regime should attach to space transportation

activities, whether ultrahazardous activities or not;

\"(4) examine the effect of relevant international treaties on

the Federal Government\'s liability for commercial space launches

and how the current domestic liability risk-sharing regime meets

or exceeds the requirements of those treaties;

\"(5) examine the appropriateness, as commercial reusable launch

vehicles enter service and demonstrate improved safety and

reliability, of evolving the commercial space transportation

liability regime towards the approach of the airline liability

regime;

\"(6) examine the need for changes to the Federal Government\'s

indemnification policy to accommodate the risks associated with

commercial spaceport operations; and

\"(7) recommend appropriate modifications to the commercial

space transportation liability regime and the actions required to

accomplish those modifications.

\"(c) Sections. - The report required by this section shall

contain sections expressing the views and recommendations of -

\"(1) interested Federal agencies, including -

\"(A) the Office of the Associate Administrator for Commercial

Space Transportation;

\"(B) the National Aeronautics and Space Administration;

\"(C) the Department of Defense; and

\"(D) the Office of Space Commercialization; and

\"(2) the public, received as a result of notice in Commerce

Business Daily, the Federal Register, and appropriate Federal

agency Internet websites.\"

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 70113 of this title; title

42 section 2458c.

-End-

-CITE-

49 USC Sec. 70113 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70113. Paying claims exceeding liability insurance and

financial responsibility requirements

-STATUTE-

\(a\) 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, 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 \_\_\_\_\_ XX, 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, 2004.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1338; Pub. L.

104-287, Sec. 5(94), Oct. 11, 1996, 110 Stat. 3398; Pub. L.

105-303, title I, Sec. 102(a)(13), Oct. 28, 1998, 112 Stat. 2850;

Pub. L. 106-74, title IV, Sec. 433, Oct. 20, 1999, 113 Stat. 1097;

Pub. L. 106-377, Sec. 1(a)(1) \[title IV, Sec. 429\], Oct. 27, 2000,

114 Stat. 1441, 1441A-56; Pub. L. 106-405, Secs. 5(b), 6(a), Nov.

1, 2000, 114 Stat. 1752.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70113(a) 49 App.:2615(b)(1). Oct. 30, 1984, Pub. L.

98-575, Sec. 16(b)(1)-(4),

98 Stat. 3061; restated Nov.

15, 1988, Pub. L. 100-657,

Sec. 5(a), 102 Stat. 3903.

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, Pub. L.

98-575, Sec. 16(b)(5), 98

Stat. 3061; restated Nov.

15, 1988, Pub. L. 100-657,

Sec. 5(a), 102 Stat. 3903;

Nov. 4, 1992, Pub. L.

102-588, Sec. 503, 106 Stat.

5124\.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

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

(Public Law 103-272, 108 Stat. 1340).

AMENDMENTS

2000 - Subsec. (e)(1)(A). Pub. L. 106-405, Sec. 6(a), substituted

\"20\_\_\" for \"19\_\_\".

Subsec. (f). Pub. L. 106-405, Sec. 5(b), substituted \"December

31, 2004\" for \"December 31, 2001\".

Pub. L. 106-377 substituted \"December 31, 2001\" for \"December 31,

2000\".

1999 - Subsec. (f). Pub. L. 106-74 substituted \"December 31,

2000\" for \"December 31, 1999\".

1998 - Subsecs. (a)(1), (d)(1), (2). Pub. L. 105-303 inserted \"or

reentry\" after \"one launch\".

1996 - Subsec. (e)(6)(D). Pub. L. 104-287 substituted \"related to

a resolution\" for \"related to resolution\".

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-405, Sec. 6(b), Nov. 1, 2000, 114 Stat. 1752,

provided that: \"The amendment made by subsection (a) \[amending this

section\] takes effect on January 1, 2000.\"

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 2458c.

-End-

-CITE-

49 USC Sec. 70114 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70114. Disclosing information

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1340.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70114 49 App.:2608(c). Oct. 30, 1984, Pub. L.

98-575, Sec. 9(c), 98 Stat.

3059\.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

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.

-End-

-CITE-

49 USC Sec. 70115 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70115. Enforcement and penalty

-STATUTE-

\(a\) 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, 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 -

\(A\) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1341; Pub. L.

105-303, title I, Sec. 102(a)(14), Oct. 28, 1998, 112 Stat. 2850.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70115(a) 49 App.:2617. Oct. 30, 1984, Pub. L.

98-575, Secs. 17-19, 98

Stat. 3061.

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 section 554

of title 5\" are omitted for consistency in the revised title and

because 5:554 applies to a hearing on the record unless otherwise

stated. The words \"for each violation\" are omitted as surplus.

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). Pub. L. 105-303 inserted \"reentry

site,\" after \"launch site,\" and inserted \"or reentry vehicle\" after

\"launch vehicle\" in two places.

-End-

-CITE-

49 USC Sec. 70116 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70116. Consultation

-STATUTE-

\(a\) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1341.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70116(a) 49 App.:2619(a). Oct. 30, 1984, Pub. L.

98-575, Sec. 20, 98 Stat.

3062\.

70116(b) 49 App.:2619(b).

70116(c) 49 App.:2604(a)(2). Oct. 30, 1984, Pub. L.

98-575, Sec. 5(a)(2), 98

Stat. 3057; Nov. 16, 1990,

Pub. L. 101-611, Sec.

117(e)(2), 104 Stat. 3203.

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.

-End-

-CITE-

49 USC Sec. 70117 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

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

international obligations

-STATUTE-

\(a\) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1342; Pub. L.

104-287, Sec. 5(95), Oct. 11, 1996, 110 Stat. 3398; Pub. L.

105-303, title I, Sec. 102(a)(15), Oct. 28, 1998, 112 Stat. 2850.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70117(a) 49 App.:2605(c)(1). Oct. 30, 1984, Pub. L.

98-575, Secs. 6(c), 21, 98

Stat. 3058, 3063.

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 (Public Law

102-555, 106 Stat. 4166) repealed the Land Remote-Sensing

Commercialization Act of 1984 (15 U.S.C. 4201 et seq.). The

substantive provisions of the Land Remote Sensing Policy Act of

1992, which replaced the Land Remote-Sensing Commercialization Act

of 1984, were classified to the United States Code at 15 U.S.C.

5601 et seq.

-REFTEXT-

REFERENCES IN TEXT

The Communications Act of 1934, referred to in subsec. (b)(1), is

act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is

classified principally to section 151 et seq. of Title 47,

Telegraphs, Telephones, and Radiotelegraphs. For complete

classification of this Act to the Code, see section 609 of Title 47

and Tables.

The Land Remote Sensing Policy Act of 1992, referred to in

subsec. (b)(2), is Pub. L. 102-555, Oct. 28, 1992, 106 Stat. 4163,

which is classified principally to chapter 82 (Sec. 5601 et seq.)

of Title 15, Commerce and Trade. For complete classification of

this Act to the Code, see Short Title note set out under section

5601 of Title 15 and Tables.

The Foreign Trade Zones Act, referred to in subsec. (f), is act

June 18, 1934, ch. 590, 48 Stat. 998, as amended, which is

classified generally to chapter 1A (Sec. 81a et seq.) of Title 19,

Customs Duties. For complete classification of this Act to the

Code, see Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-303, Sec. 102(a)(15)(A), inserted

\"or reentry site, or to reenter a reentry vehicle\" after \"operate a

launch site\".

Subsec. (d). Pub. L. 105-303, Sec. 102(a)(15)(B), inserted \"or

reentry\" after \"approval of a space launch\".

Subsec. (f). Pub. L. 105-303, Sec. 102(a)(15)(C), amended heading

and text of subsec. (f) generally. Prior to amendment, text read as

follows: \"A launch vehicle or payload that is launched is not,

because of the launch, an export for purposes of a law controlling

exports.\"

Subsec. (g)(1). Pub. L. 105-303, Sec. 102(a)(15)(D)(i),

substituted \"reentry, operation of a launch vehicle or reentry

vehicle, operation of a launch site or reentry site,\" for

\"operation of a launch vehicle or launch site,\".

Subsec. (g)(2). Pub. L. 105-303, Sec. 102(a)(15)(D)(ii), inserted

\"reentry,\" after \"launch,\".

1996 - Subsec. (b)(2). Pub. L. 104-287 substituted \"Land Remote

Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)\" for \"Land

Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et

seq.)\".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 2458c.

-End-

-CITE-

49 USC Sec. 70118 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70118. User fees

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1342.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70118 49 App.:2623 (last Oct. 30, 1984, Pub. L.

sentence). 98-575, Sec. 24 (last

sentence), 98 Stat. 3064;

Dec. 5, 1985, Pub. L.

99-170, Sec. 301, 99 Stat.

1018; Oct. 30, 1987, Pub. L.

100-147, Sec. 120, 101 Stat.

868; Nov. 17, 1988, Pub. L.

100-685, Sec. 213, 102 Stat.

4093; Nov. 16, 1990, Pub. L.

101-611, Sec. 117(a), 104

Stat. 3202; restated Dec. 9,

1991, Pub. L. 102-195, Sec.

13, 105 Stat. 1613; Nov. 4,

1992, Pub. L. 102-588, Sec.

211, 106 Stat. 5115.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

-End-

-CITE-

49 USC Sec. 70119 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70119. Office of Commercial Space Transportation

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1343; Pub. L.

105-303, title I, Sec. 102(b), Oct. 28, 1998, 112 Stat. 2851; Pub.

L. 106-405, Sec. 3(a), Nov. 1, 2000, 114 Stat. 1752.)

-MISC1-

HISTORICAL AND REVISION NOTES

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Source (U.S. Code) Source (Statutes at Large)

Section

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

70119 49 App.:2623 (less Oct. 30, 1984, Pub. L.

last sentence). 98-575, Sec. 24 (less last

sentence), 98 Stat. 3064;

Dec. 5, 1985, Pub. L.

99-170, Sec. 301, 99 Stat.

1018; Oct. 30, 1987, Pub. L.

100-147, Sec. 120, 101 Stat.

868; Nov. 17, 1988, Pub. L.

100-685, Sec. 213, 102 Stat.

4093; Nov. 16, 1990, Pub. L.

101-611, Sec. 117(a), 104

Stat. 3202; restated Dec. 9,

1991, Pub. L. 102-195, Sec.

13, 105 Stat. 1613; Nov. 4,

1992, Pub. L. 102-588, Sec.

211, 106 Stat. 5115.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

In this section, the amendment by section 211 of the National

Aeronautics and Space Administration Authorization Act, Fiscal Year

1993 (Pub. L. 102-588, 106 Stat. 5115) was executed to carry out

the probable intent of Congress by omitting the period after

\"1993\".

As to the applicability of section 219 of the Act (Pub. L.

102-588, 106 Stat. 5118) to amounts authorized by this section for

fiscal year 1993, see section 6(b) of the bill.

AMENDMENTS

2000 - Pub. L. 106-405 amended section catchline and text

generally. Prior to amendment, text read as follows: \"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.\"

1998 - Pub. L. 105-303 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: \"The following amounts may be appropriated to the

Secretary of Transportation for the fiscal year ending September

30, 1993:

\"(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.\"

-End-

-CITE-

49 USC Sec. 70120 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70120. Regulations

-STATUTE-

\(a\) 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.

-SOURCE-

(Added Pub. L. 105-303, title I, Sec. 102(a)(16), Oct. 28, 1998,

112 Stat. 2850.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in text,

is the date of enactment of Pub. L. 105-303, which was approved

Oct. 28, 1998.

-End-

-CITE-

49 USC Sec. 70121 01/19/04

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES

-HEAD-

Sec. 70121. Report to Congress

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 105-303, title I, Sec. 102(a)(16), Oct. 28, 1998,

112 Stat. 2851.)

-End-