Text of 49 U.S.C. Chapter 701 (as amended), formerly the C.S.L.A.
Sec. 70101. Findings and purposes
(a) Findings. - Congress finds that
(1) the peaceful uses of outer space continue to be of great value and to offer benefits to all mankind
(2) private applications of space technology have achieved a significant level of commercial and economic activity and offer the potential for growth in the future, particularly in the United States
(3) new and innovative equipment and services are being sought produced, and offered by entrepreneurs in telecommunications information services, microgravity research, 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 developa 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.
(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
.)
Sec. 70102. Definitions
In this chapter -
(1) ''citizen of the United States'' means -
(A) an individual who is a citizen of the United States;
(B) an entity organized or existing under the laws of the United States or a State; or
(C) an entity organized or existing under the laws of a foreign country if the controlling interest (as defined by the Secretary of Transportation) is held by an individual or entity described in subclause (A) or (B) of this clause.
(2) ''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.
(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)
Sec. 70103. General authority
(a) General. - The Secretary of Transportation shall carry out this chapter.
(b) Facilitating Commercial Launches and Reentries. - In carrying out this chapter, the Secretary shall -
(1) encourage, facilitate, and promote commercial space launches and reentries by the private sector; 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.
(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.)
Sec. 70104. Restrictions on launches, operations, and reentries
(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. 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.
(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.)
Sec. 70105. License applications and requirements
(a) Applications. -
(1) A person may apply to the Secretary of Transportation for a license or transfer of a license under this chapter in the form and way the Secretary prescribes. Consistent with the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 180 days after receiving an application shall issue or transfer a license if the Secretary decides in writing that the applicant complies, and will continue to comply with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 120 days after receiving an application. The Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate a written notice not later than 30 days after any occurrence when 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.
(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.)
Sec. 70106. Monitoring activities
(a) General Requirements. - A licensee under this chapter must allow the Secretary of Transportation to place an officer or employee of the United States Government or another individual as an observer at a launch site or reentry site the licensee uses, at; a production facility or assembly site a contractor of the licensee uses to produce or assemble a launch vehicle or reentry vehicle, 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.
(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.)
Sec. 70107. Effective periods, and modifications, suspensions, and revocations, of licenses
(a) Effective Periods of Licenses. - The Secretary of Transportation shall specify the period for which a license issued or transferred under this chapter is in effect.
(b) Modifications. - 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.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1334.)
Sec. 70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries
(a) General Authority. - The Secretary of Transportation may prohibit, suspend, or end immediately the launch of a launch vehicle or the operation of a launch site or reentry site, or reentry of a reentry vehicle, licensed under this chapter if the Secretary decides the launch or operation or reentry is detrimental to the public health and safety, the safety of property, or a national security or foreign policy interest of the United States.
(b) Effective Periods of Orders. - An order under this section takes effect immediately and remains in effect during a review under section 70110 of this title.
(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.)
Sec. 70109. Preemption of scheduled launches or reentries
(a) General. - With the cooperation of the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration, the Secretary of Transportation shall act to ensure that a launch or reentry of a payload is not preempted from access to a United States Government launch site, reentry site, or launch property, except for imperative national need, when a launch date commitment or reentry date commitment from the Government has been obtained for a launch or reentry licensed under this chapter. A licensee or transferee preempted from access to a launch site reentry site, or launch property does not have to pay the Government any amount for launch services, or services related to a reentry, attributable only to the scheduled launch or reentry prevented by the preemption.
(b) Imperative National Need Decisions. - In consultation with the Secretary of Transportation, the Secretary of Defense or the Administrator shall decide when an imperative national need requires preemption under subsection (a) of this section. That decision may not be delegated.
(c) Reports. - In cooperation with the Secretary of Transportation, the Secretary of Defense or the Administrator, as appropriate, shall submit to Congress not later than 7 days after a decision to preempt under subsection (a) of this section, a report that includes an explanation of the circumstances justifying the decision and a schedule for ensuring the prompt launching or reentry of a preempted payload.
(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.)
Sec. 70109a. Space advertising
(a) Licensing. - Notwithstanding the provisions of this chapter or any other provision of law, the Secretary may not, for the launch of a payload containing any material to be used for the purposes of obtrusive space advertising -
(1) issue or transfer a license under this chapter; or
(2) waive the license requirements of this chapter.
(b) Launching. - No holder of a license under this chapter may launch a payload containing any material to be used for purposes of obtrusive space advertising.
(c) Commercial Space Advertising. - Nothing in this section shall apply to nonobtrusive commercial space advertising, including advertising on -
(1) commercial space transportation vehicles;
(2) space infrastructure payloads;
(3) space launch facilities; and
(4) launch support facilities.
(Added Pub. L. 106-391, title III, Sec. 322(b), Oct. 30, 2000, 114 Stat. 1598.)
Sec. 70110. Administrative hearings and judicial review
(a) Administrative Hearings. - The Secretary of Transportation shall provide an opportunity for a hearing on the record to -
(1) an applicant under this chapter, for a decision of the Secretary under section 70105(a) 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.
(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.)
Sec. 70111. Acquiring United States Government property and services
(a) General Requirements and Considerations. -
(1) The Secretary of Transportation shall facilitate and encourage the acquisition by the private sector and State governments of
(A) launch or reentry property of the United States Government that is excess or otherwise is not needed for public use; and
(B) launch services and reentry services, including utilities of the Government otherwise not needed for public use.
(2) In acting under paragraph (1) of this subsection, the Secretary shall consider the commercial availability on reasonable terms of substantially equivalent launch property or launch services or reentry services from a domestic source, whether such source is located on or off a Federal range.
(b) Price. -
(1) In this subsection, ''direct costs'' means the actual costs that -
(A) can be associated unambiguously with a commercial launch or reentry effort; and
(B) the Government would not incur if there were no commercial launch or reentry effort.
(2) In consultation with the Secretary, the head of the executive agency providing the property or service under subsection (a) of this section shall establish the price for the property or 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.
<(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.)
Sec. 70112. Liability insurance and financial responsibility requirements
(a) General Requirements. -
(1) When a launch or reentry license is issued or transferred under this chapter, the licensee or transferee shall obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum probable loss from claims by -
(A) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out under the license;
and
(B) the United States Government against a person for damage or loss to Government property resulting from an activity carried out under the license.
(2) The Secretary of Transportation shall determine the amounts required under paragraph (1)(A) and (B) of this subsection, after consulting with the Administrator of the National Aeronautics and Space Administration, the Secretary of the Air Force, and the heads of other appropriate executive agencies.
(3) For the total claims related to one launch or reentry, a licensee or transferee is not required to obtain insurance or demonstrate financial responsibility of more than -
(A)(i) $500,000,000 under paragraph (1)(A) of this subsection; or (ii) $100,000,000 under paragraph (1)(B) of this subsection; or
(B) the maximum liability insurance available on the world market at reasonable cost if the amount is less than the applicable amount in clause (A)(i) or (ii) of this paragraph.
(4) An insurance policy or demonstration of financial responsibility under this subsection shall protect the following to the extent of their potential liability for involvement in launch services or reentry services, at no cost to the Government:
(A) the Government.
(B) executive agencies and personnel, contractors, and subcontractors of the Government.
(C) contractors, subcontractors, and customers of the licensee or transferee.
(D) contractors and subcontractors of the customer.
(b) Reciprocal Waiver of Claims. -
(1) A launch or reentry license issued or transferred under this chapter shall contain a provision requiring the licensee or transferee to make a reciprocal waiver of claims with its contractors, subcontractors, and customers, and contractors and subcontractors of the customers involved in launch services or reentry services under which each party to the waiver agrees to be responsible for property damage or loss it sustains, or for personal injury to, death of, or property damage or loss sustained by its own employees resulting from an activity carried out under the applicable license.
(2) The Secretary of Transportation shall make, for the Government, executive agencies of the Government involved in launch services or reentry services, and contractors and subcontractors involved in launch services or reentry services, a reciprocal waiver of claims with the licensee or transferee, contractors subcontractors, 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 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.
(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.)
Sec. 70113. Paying claims exceeding liability insurance and
(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 _ _ _ _ _ _ _, 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 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.
(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, Sec. 5(b), 6(a), Nov. 1 2000, 114 Stat. 1752.)
Sec. 70114. Disclosing information
The Secretary of Transportation, an officer or employee of the United States Government, or a person making a contract with the Secretary under section 70106(b) of this title may disclose information under this chapter that qualifies for an exemption under section 552(b)(4) of title 5 or is designated as confidential by the person or head of the executive agency providing the information only if the Secretary decides withholding the information is contrary to the public or national interest.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1340.)
Sec. 70115. Enforcement and penalty
(a) Prohibitions. - A person may not violate this chapter, a regulation prescribed under this chapter, or any term of a license issued or transferred under this chapter.
(b) General Authority. -
(1) In carrying out this chapter, the Secretary of Transportation may -
(A) conduct investigations and inquiries;
(B) administer oaths;
(C) take affidavits; and
(D) under lawful process -
(i) enter at a reasonable time a launch site, reentry site production facility, assembly site of a launch vehicle or reentry vehicle, 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 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.
(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.)
Sec. 70116. Consultation
(a) Matters Affecting National Security. - The Secretary of Transportation shall consult with the Secretary of Defense on a matter under this chapter affecting national security. The Secretary of Defense shall identify and notify the Secretary of Transportation of a national security interest relevant to an activity under this chapter.
(b) Matters Affecting Foreign Policy. - The Secretary of Transportation shall consult with the Secretary of State on a matter under this chapter affecting foreign policy. The Secretary of State shall identify and notify the Secretary of Transportation of a foreign policy interest or obligation relevant to an activity under this chapter.
(c) Other Matters. - In carrying out this chapter, the Secretary of Transportation shall consult with the head of another executive agency -
(1) to provide consistent application of licensing requirements under this chapter;
(2) to ensure fair treatment for all license applicants; and
(3) when appropriate.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1341.)
Sec. 70117. Relationship to other executive agencies, laws, and international obligations
(a) Executive Agencies. - Except as provided in this chapter, a person is not required to obtain from an executive agency a license, approval, waiver, or exemption to launch a launch vehicle or operate a launch site or reentry site, or to reenter a reentry vehicle.
(b) Federal Communications Commission and Secretary of Commerce - This chapter does not affect the authority of -
(1) the Federal Communications Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.); or
(2) the Secretary of Commerce under the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.).
(c) States and Political Subdivisions. - A State or political subdivision of a State -
(1) may not adopt or have in effect a law, regulation standard, or order inconsistent with this chapter; but
(2) may adopt or have in effect a law, regulation, standard, or order consistent with this chapter that is in addition to or more stringent than a requirement of, or regulation prescribed under this chapter.
(d) Consultation. - The Secretary of Transportation is encouraged to consult with a State to simplify and expedite the approval of a space launch or reentry activity.
(e) Foreign Countries. - The Secretary of Transportation shall -
(1) carry out this chapter consistent with an obligation the United States Government assumes in a treaty, convention, or agreement in force between the Government and the government of a foreign country; and
(2) consider applicable laws and requirements of a foreign country when carrying out this chapter.
(f) Launch Not an Export; Reentry Not an Import. - A launch vehicle, reentry vehicle, or payload that is launched or reentered is not, because of the launch or reentry, an export or import respectively, for purposes of a law controlling exports or imports except that payloads launched pursuant to foreign trade zone procedures as provided for under the Foreign Trade Zones Act (19 U.S.C. 81a-81u) shall be considered exports with regard to customs entry.
(g) Nonapplication. - This chapter does not apply to -
(1) a launch, reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site, or other space activity the Government carries out for the Government; or
(2) planning or policies related to the launch, reentry operation, or activity.
(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.)
Sec. 70118. User fees
The Secretary of Transportation may collect a user fee for a regulatory or other service conducted under this chapter only if specifically authorized by this chapter.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1342.)
Sec. 70119. Office of Commercial Space Transportation
There are authorized to be appropriated to the Secretary of Transportation for the activities of the Office of the Associate Administrator for Commercial Space Transportation -
(1) $12,607,000 for fiscal year 2001; and
(2) $16,478,000 for fiscal year 2002.
(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.)
Sec. 70120. Regulations
(a) In General. - The Secretary of Transportation, within 9 months after the date of the enactment of this section, shall issue regulations to carry out this chapter that include -
(1) guidelines for industry and State governments to obtain sufficient insurance coverage for potential damages to third parties;
(2) procedures for requesting and obtaining licenses to launch a commercial launch vehicle;
(3) procedures for requesting and obtaining operator licenses for launch;
(4) procedures for requesting and obtaining launch site operator licenses; and
(5) procedures for the application of government indemnification.
(b) Reentry. - The Secretary of Transportation, within 6 months after the date of the enactment of this section, shall issue a notice of proposed rulemaking to carry out this chapter that includes -
(1) procedures for requesting and obtaining licenses to reenter a reentry vehicle;
(2) procedures for requesting and obtaining operator licenses for reentry; and
(3) procedures for requesting and obtaining reentry site operator licenses.
(Added Pub. L. 105-303, title I, Sec. 102(a)(16), Oct. 28, 1998 112 Stat. 2850.)
Sec. 70121. Report to Congress
The Secretary of Transportation shall submit to Congress an annual report to accompany the President's budget request that -
(1) describes all activities undertaken under this chapter including a description of the process for the application for and approval of licenses under this chapter and recommendations for legislation that may further commercial launches and reentries; and
(2) reviews the performance of the regulatory activities and the effectiveness of the Office of Commercial Space Transportation.
(Added Pub. L. 105-303, title I, Sec. 102(a)(16), Oct. 28, 1998, 112 Stat. 2851.)
