(a)
(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel (including approval procedures for the purpose of protecting the health and safety of crew, government astronauts, and space flight participants, to the extent permitted by subsections (b) and (c)) that may be used in conducting licensed commercial space launch or reentry activities.
(b)
(2) The Secretary may prescribe—
(A) any term necessary to ensure compliance with this chapter, including on-site verification that a launch, operation, or reentry complies with representations stated in the application;
(B) any additional requirement necessary to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States;
(C) by regulation that a requirement of a law of the United States not be a requirement for a license or permit if the Secretary, after consulting with the head of the appropriate executive agency, decides that the requirement is not necessary to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;
(D) additional license requirements, for a launch vehicle carrying a human being for compensation or hire, necessary to protect the health and safety of crew, government astronauts, or space flight participants, only if such requirements are imposed pursuant to final regulations issued in accordance with subsection (c); and
(E) regulations establishing criteria for accepting or rejecting an application for a license or permit under this chapter within 60 days after receipt of such application.
(3) The Secretary may waive a requirement, including the requirement to obtain a license, for an individual applicant if the Secretary decides that the waiver is in the public interest and will not jeopardize the public health and safety, safety of property, and national security and foreign policy interests of the United States. The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.
(4) The holder of a license or a permit under this chapter may launch or reenter crew only if—
(A) the crew has received training and has satisfied medical or other standards specified in the license or permit in accordance with regulations promulgated by the Secretary;
(B) the holder of the license or permit has informed any individual serving as crew in writing, prior to executing any contract or other arrangement to employ that individual (or, in the case of an individual already employed as of the date of enactment of the Commercial Space Launch Amendments Act of 2004, as early as possible, but in any event prior to any launch in which the individual will participate as crew), that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants; and
(C) the holder of the license or permit and crew have complied with all requirements of the laws of the United States that apply to crew.
(5) The holder of a license or a permit under this chapter may launch or reenter a space flight participant only if—
(A) in accordance with regulations promulgated by the Secretary, the holder of the license or permit has informed the space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type, and the Secretary has informed the space flight participant in writing of any relevant information related to risk or probable loss during each phase of flight gathered by the Secretary in making the determination required by section 50914(a)(2) and (c);
(B) the holder of the license or permit has informed any space flight participant in writing, prior to receiving any compensation from that space flight participant or (in the case of a space flight participant not providing compensation) otherwise concluding any agreement to fly that space flight participant, that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants;
(C) in accordance with regulations promulgated by the Secretary, the space flight participant has provided written informed consent to participate in the launch and reentry and written certification of compliance with any regulations promulgated under paragraph (6)(A); and
(D) the holder of the license or permit has complied with any regulations promulgated by the Secretary pursuant to paragraph (6).
(6)
(A) The Secretary may issue regulations requiring space flight participants to undergo an appropriate physical examination prior to a launch or reentry under this chapter. This subparagraph shall cease to be in effect three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004.
(B) The Secretary may issue additional regulations setting reasonable requirements for space flight participants, including medical and training requirements. Such regulations shall not be effective before the expiration of 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004.
(c)
(1)
(2)
(A) describe how such regulations would be applied when the Secretary is determining whether to issue a license under this chapter;
(B) apply only to launches in which a vehicle will be carrying a human being for compensation or hire;
(C) be limited to restricting or prohibiting design features or operating practices that—
(i) have resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew, government astronauts, or space flight participants during a licensed or permitted commercial human space flight; or
(ii) contributed to an unplanned event or series of events during a licensed or permitted commercial human space flight that posed a high risk of causing a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew, government astronauts, or space flight participants; and
(D) be issued with a description of the instance or instances when the design feature or operating practice being restricted or prohibited contributed to a result or event described in subparagraph (C).
(3)
(4)
(5)
(A)
(B)
(i) any voluntary industry consensus standards that have been accepted by the industry at large;
(ii) the identification of areas that have the potential to become voluntary industry consensus standards that are currently under consideration by the industry at large;
(iii) an assessment from the Secretary on the general progress of the industry in adopting voluntary industry consensus standards;
(iv) any lessons learned about voluntary industry consensus standards, best practices, and commercial space launch operations;
(v) any lessons learned associated with the development, potential application, and acceptance of voluntary industry consensus standards, best practices, and commercial space launch operations; and
(vi) recommendations, findings, or observations from the Commercial Space Transportation Advisory Committee, or its successor organization, on the progress of the industry in developing voluntary industry consensus standards that promote best practices to improve industry safety.
(6)
(7)
(8)
(A) the progress of the commercial space industry in adopting voluntary industry consensus standards as reported by the Secretary in the interim assessments included in the reports under paragraph (5);
(B) the progress of the commercial space industry toward meeting the key industry metrics identified by the report under paragraph (6), including the knowledge and operational experience obtained by the commercial space industry while providing services for compensation or hire; and
(C) whether the areas identified in the reports under paragraph (5) are appropriate for regulatory action, or further development of voluntary industry consensus standards, considering the progress evaluated in subparagraphs (A) and (B) of this paragraph.
(9)
(10)
(d)
|
Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70105(a) | 49 App.:2606 (1st sentence). | Oct. 30, 1984, Pub. L. 98–575, §§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) (2)(A) | 49 App.:2608(b) (2d sentence). | |
| 70105(b) (2)(B) | 49 App.:2607(b). | |
| 70105(b) (2)(C) | 49 App.:2607(a)(2). | |
| 70105(b)(3) | 49 App.:2607(c). | |
| 70105(c) | 49 App.:2608(a) (last sentence). |
In subsection (a), the words "for launching one or more launch vehicles or for operating one or more launch sites, or both" in 49 App.:2606 are omitted as surplus.
In subsection (b)(2)(C), the words "that would otherwise apply to the launch of a launch vehicle or the operation of a launch site" are omitted as surplus. The words "the head of" are added for consistency in the revised title and with other titles of the United States Code.
References in Text
Subsection (b)(2)(D), referred to in subsec. (a)(1), was redesignated subsection (b)(2)(E) by Pub. L. 108–492, §2(c)(10), Dec. 23, 2004, 118 Stat. 3977.
The date of enactment of the Commercial Space Launch Amendments Act of 2004, referred to in subsec. (b)(4)(B), (6), is the date of enactment of Pub. L. 108–492, which was approved Dec. 23, 2004.
The date of enactment of the SPACE Act of 2015, referred to in subsec. (c)(6), is the date of enactment of title I of Pub. L. 114–90, which was approved Nov. 25, 2015.
Amendments
2015—Subsec. (a)(2). Pub. L. 114–90, §112(l)(1), substituted "crew, government astronauts, and space flight participants" for "crews and space flight participants".
Subsec. (b)(2)(D). Pub. L. 114–90, §112(l)(2), substituted "crew, government astronauts, or space flight participants" for "crew or space flight participants".
Subsec. (c)(1). Pub. L. 114–90, §§111(1), 112(l)(3)(A), inserted "
Subsec. (c)(2). Pub. L. 114–90, §111(2), inserted "
Subsec. (c)(2)(C). Pub. L. 114–90, §112(l)(3)(B), substituted "to crew, government astronauts, or space flight participants" for "to crew or space flight participants" in cls. (i) and (ii).
Subsec. (c)(3). Pub. L. 114–90, §111(3), (5), added par. (3) and struck out former par. (3) which read as follows: "Beginning on April 1, 2016, the Secretary may propose regulations under this subsection without regard to paragraph (2)(C) and (D). Any such regulations shall take into consideration the evolving standards of safety in the commercial space flight industry."
Pub. L. 114–55 substituted "April 1, 2016," for "October 1, 2015,".
Subsec. (c)(4). Pub. L. 114–90, §111(5), added par. (4). Former par. (4) redesignated (10).
Subsec. (c)(5) to (9). Pub. L. 114–90, §111(5), added pars. (5) to (9).
Subsec. (c)(10). Pub. L. 114–90, §111(4), (6), redesignated par. (4) as (10) and inserted "
2012—Subsec. (c)(3). Pub. L. 112–95 substituted "Beginning on October 1, 2015," for "Beginning 8 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004,".
2010—Pub. L. 111–314, §4(d)(2), (3)(E), successively renumbered section 70105 of title 49 and section 70105 of this title as this section.
Subsec. (b)(5)(A). Pub. L. 111–314, §4(d)(5)(F), substituted "section 50914(a)(2) and (c)" for "section 70112(a)(2) and (c)".
2004—Subsec. (a)(1). Pub. L. 108–492, §2(c)(6)(A), substituted "the Secretary has not taken action on a license application" for "a license is not issued".
Subsec. (a)(2). Pub. L. 108–492, §2(c)(6)(B), inserted "(including approval procedures for the purpose of protecting the health and safety of crews and space flight participants, to the extent permitted by subsections (b) and (c))" after "or personnel".
Subsec. (b)(1). Pub. L. 108–492, §2(c)(7), inserted "or permit" after "for a license".
Subsec. (b)(2)(B). Pub. L. 108–492, §2(c)(8), substituted "any" for "an".
Subsec. (b)(2)(C). Pub. L. 108–492, §2(c)(9), inserted "or permit" after "for a license" and struck out "and" at end.
Subsec. (b)(2)(D). Pub. L. 108–492, §2(c)(10), added subpar. (D). Former subpar. (D) redesignated (E).
Subsec. (b)(2)(E). Pub. L. 108–492, §2(c)(10), (11), redesignated subpar. (D) as (E) and inserted "or permit" after "for a license".
Subsec. (b)(3). Pub. L. 108–492, §2(c)(12), inserted at end "The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board."
Subsec. (b)(4) to (6). Pub. L. 108–492, §2(c)(13), added pars. (4) to (6).
Subsec. (c). Pub. L. 108–492, §2(c)(14), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 108–492, §2(c)(14), (15), redesignated subsec. (c) as (d) and inserted "or permit" after "of a license".
1998—Subsec. (a). Pub. L. 105–303, §102(a)(6)(B), substituted "accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D)" for "receiving an application" in two places.
Pub. L. 105–303, §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, §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, §102(a)(6)(E), substituted ", operation, or reentry" for "or operation".
Subsec. (b)(2)(D). Pub. L. 105–303, §102(a)(6)(F)–(H), added subpar. (D).
Subsec. (b)(3). Pub. L. 105–303, §102(a)(6)(I), inserted ", including the requirement to obtain a license," after "waive a requirement".
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
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