§ 50905. License applications and requirements

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 51 U.S.C. § 50905

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1333, § 70105 of title 49

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1333, § 70105 of title 49

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1998

   Pub. L. 105–303 § 102(a)(6)(B) · 112 Stat. 2843

   Substituted · 51 U.S.C. § 50905(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (B) by striking “receiving an application” both places it appears in subsection (a) and inserting in lieu thereof “accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D)”;

3. 1998

   Pub. L. 105–303 § 102(a)(6)(A) · 112 Stat. 2843

   1. Amended · 51 U.S.C. § 50905(a)

      Pub. L. 105–303, § 102(a)(6)(A), (C), designated existing provisions as par. (1)

   2. Inserted · 51 U.S.C. § 50905(a)

      Pub. L. 105–303, § 102(a)(6)(A), (C), 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)

   3. Added · 51 U.S.C. § 50905(a)

      Pub. L. 105–303, § 102(a)(6)(A), (C), added par. (2)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (A) by inserting “(1)” before “A person may apply” in subsection (a);

4. 1998

   Pub. L. 105–303 § 102(a)(6)(D) · 112 Stat. 2843

   Inserted · 51 U.S.C. § 50905(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (D) by inserting “or a reentry site, or the reentry of a reentry vehicle,” after “operation of a launch site” in subsection (b)(1);

5. 1998

   Pub. L. 105–303 § 102(a)(6)(E) · 112 Stat. 2843

   Substituted · 51 U.S.C. § 50905(b)(2)(A)

   Pub. L. 105–303, § 102(a)(6)(E), substituted “, operation, or reentry” for “or operation”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 105–303, § 102(a)(6)(E), substituted “, operation, or reentry” for “or operation”.

   Enacted provision · exact public law section
   (E) by striking “or operation” and inserting in lieu thereof “, operation, or reentry” in subsection (b)(2)(A);

6. 1998

   Pub. L. 105–303 § 102(a)(6)(F) · 112 Stat. 2843

   Added · 51 U.S.C. § 50905(b)(2)(D)

   Pub. L. 105–303, § 102(a)(6)(F)–(H), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(D). Pub. L. 105–303, § 102(a)(6)(F)–(H), added subpar. (D).

   Enacted provision · exact public law section
   (F) by striking “and” at the end of subsection (b)(2)(B);

7. 1998

   Pub. L. 105–303 § 102(a)(6)(I) · 112 Stat. 2843

   Inserted · 51 U.S.C. § 50905(b)(3)

   Pub. L. 105–303, § 102(a)(6)(I), inserted “, including the requirement to obtain a license,” after “waive a requirement”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 105–303, § 102(a)(6)(I), inserted “, including the requirement to obtain a license,” after “waive a requirement”.

   Enacted provision · exact public law section
   (I) by inserting “, including the requirement to obtain a license,” after “waive a requirement” in subsection (b)(3);

8. 2004

   Commercial Space Launch Amendments Act of 2004

   Pub. L. 108–492 § 2(c)(6)(A) · 118 Stat. 3974

   Substituted · 51 U.S.C. § 50905(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “a license is not issued” and inserting “the Secretary has not taken action on a license application”; and

9. 2004

   Commercial Space Launch Amendments Act of 2004

   Pub. L. 108–492 § 2(c)(6)(B) · 118 Stat. 3974

   Inserted · 51 U.S.C. § 50905(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by inserting “(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”.

10. 2004

    Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(7) · 118 Stat. 3974

    Inserted · 51 U.S.C. § 50905(b)(1)

    Pub. L. 108–492, § 2(c)(7), inserted “or permit” after “for a license”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 108–492, § 2(c)(7), inserted “or permit” after “for a license”.

    Enacted provision · exact public law section
    (7) Section 70105(b)(1) of title 49, United States Code, is amended by inserting “or permit” after “for a license”.

11. 2004

    Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(8) · 118 Stat. 3974

    Substituted · 51 U.S.C. § 50905(b)(2)(B)

    Pub. L. 108–492, § 2(c)(8), substituted “any” for “an”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 108–492, § 2(c)(8), substituted “any” for “an”.

    Enacted provision · exact public law section
    (8) Section 70105(b)(2)(B) of title 49, United States Code, is amended by striking “an additional requirement necessary to protect” and inserting “any additional requirement necessary to protect”.

12. 2004

    Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(9) · 118 Stat. 3974

    1. Inserted · 51 U.S.C. § 50905(b)(2)(C)

       Pub. L. 108–492, § 2(c)(9), inserted “or permit” after “for a license”

    2. Struck · 51 U.S.C. § 50905(b)(2)(C)

       Pub. L. 108–492, § 2(c)(9), struck out “and” at end

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 108–492, § 2(c)(9), inserted “or permit” after “for a license” and struck out “and” at end.

    Enacted provision · exact public law section
    (9) Section 70105(b)(2)(C) of title 49, United States Code, is amended— (A) by inserting “or permit” after “for a license”; and (B) by striking “and” at the end thereof.

13. 2004

    Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(10) · 118 Stat. 3974

    Redesignated · 51 U.S.C. § 50905(b)(2)(D)

    Pub. L. 108–492, § 2(c)(10), added subpar. (D). Former subpar. (D) redesignated (E)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(D). Pub. L. 108–492, § 2(c)(10), added subpar. (D). Former subpar. (D) redesignated (E).

    Enacted provision · exact public law section
    (10) Section 70105(b)(2) of title 49, United States Code, is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following new subparagraph: “(D) additional license requirements, for a launch vehicle carrying a human being for compensation or hire, necessary to protect the health and safety of crew or space flight participants, only if such requirements are imposed pursuant to final regulations issued in accordance with subsection (c); and” .

14. 2004

    Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(10) · 118 Stat. 3974

    1. Redesignated · 51 U.S.C. § 50905(b)(2)(E)

       Pub. L. 108–492, § 2(c)(10), (11), redesignated subpar. (D) as (E)

    2. Inserted · 51 U.S.C. § 50905(b)(2)(E)

       Pub. L. 108–492, § 2(c)(10), (11), inserted “or permit” after “for a license”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (10) Section 70105(b)(2) of title 49, United States Code, is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following new subparagraph: “(D) additional license requirements, for a launch vehicle carrying a human being for compensation or hire, necessary to protect the health and safety of crew or space flight participants, only if such requirements are imposed pursuant to final regulations issued in accordance with subsection (c); and” .

15. 2004

    Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(12) · 118 Stat. 3974

    Inserted · 51 U.S.C. § 50905(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (12) Section 70105(b)(3) of title 49, United States Code, is amended by adding at the end the following: “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.”.

16. 2004

    Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(13) · 118 Stat. 3974

    Added · 51 U.S.C. § 50905(b)(4)(6)

    Pub. L. 108–492, § 2(c)(13), added pars. (4) to (6)

    Source evidence

    Code amendment note
    Subsec. (b)(4) to (6). Pub. L. 108–492, § 2(c)(13), added pars. (4) to (6).

    Enacted provision · exact public law section
    (13) Section 70105(b) of title 49, United States Code, is amended by adding at the end the following new paragraphs: “(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 70112(a)(2) and (c); “(B) the holder of the license or permit has informed any space flight participant in writing, prior to receiving any compensation from that space flight participant or (in the case of a space flight participant not providing compensation) otherwise concluding any agreement to fly that space flight participant, that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants; “(C) in accordance with regulations promulgated by the Secretary, the space flight participant has provided written informed consent to participate in the launch and reentry and written certification of compliance with any regulations promulgated under paragraph (6)(A); and “(D) the holder of the license or permit has complied with any regulations promulgated by the Secretary pursuant to paragraph (6). “(6) (A) The Secretary may issue regulations requiring space flight participants to undergo an appropriate physical examination prior to a launch or reentry under this Termination date. 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.” .

17. 2004

    Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(14) · 118 Stat. 3974

    Redesignated · 51 U.S.C. § 50905(c)

    Pub. L. 108–492, § 2(c)(14), added subsec. (c). Former subsec. (c) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–492, § 2(c)(14), added subsec. (c). Former subsec. (c) redesignated (d).

    Enacted provision · exact public law section
    (14) Section 70105 of title 49, United States Code, is amended by redesignating subsection (c) as subsection (d), and by adding after subsection (b) the following new subsection: “(c) Safety Regulations.— (1) The Secretary may issue regulations governing the design or operation of a launch vehicle to protect the health and safety of crew and space flight participants. “(2) Regulations issued under this subsection shall— “(A) describe how such regulations would be applied when the Secretary is determining whether to issue a license under this chapter; “(B) apply only to launches in which a vehicle will be carrying a human being for compensation or hire; “(C) be limited to restricting or prohibiting design features or operating practices that— “(i) have resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew or space flight participants during a licensed or permitted commercial human space flight; or “(ii) contributed to an unplanned event or series of events during a licensed or permitted commercial human space flight 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 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) Effective date. Beginning 8 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary may propose regulations under this subsection without regard to paragraph (2)(C) and (D). Any such regulations shall take into consideration the evolving standards of safety in the commercial space flight industry. “(4) Nothing in this subsection shall be construed to limit the authority of the Secretary to issue requirements or regulations to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States.” .

18. 2004

    Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(14) · 118 Stat. 3974

    1. Redesignated · 51 U.S.C. § 50905(d)

       Pub. L. 108–492, § 2(c)(14), (15), redesignated subsec. (c) as (d)

    2. Inserted · 51 U.S.C. § 50905(d)

       Pub. L. 108–492, § 2(c)(14), (15), inserted “or permit” after “of a license”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–492, § 2(c)(14), (15), redesignated subsec. (c) as (d) and inserted “or permit” after “of a license”.

    Enacted provision · exact public law section
    (14) Section 70105 of title 49, United States Code, is amended by redesignating subsection (c) as subsection (d), and by adding after subsection (b) the following new subsection: “(c) Safety Regulations.— (1) The Secretary may issue regulations governing the design or operation of a launch vehicle to protect the health and safety of crew and space flight participants. “(2) Regulations issued under this subsection shall— “(A) describe how such regulations would be applied when the Secretary is determining whether to issue a license under this chapter; “(B) apply only to launches in which a vehicle will be carrying a human being for compensation or hire; “(C) be limited to restricting or prohibiting design features or operating practices that— “(i) have resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew or space flight participants during a licensed or permitted commercial human space flight; or “(ii) contributed to an unplanned event or series of events during a licensed or permitted commercial human space flight 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 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) Effective date. Beginning 8 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary may propose regulations under this subsection without regard to paragraph (2)(C) and (D). Any such regulations shall take into consideration the evolving standards of safety in the commercial space flight industry. “(4) Nothing in this subsection shall be construed to limit the authority of the Secretary to issue requirements or regulations to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States.” .

19. 2010

    Pub. L. 111–314 § 4(d)(2) · 124 Stat. 3328

    Changed · 51 U.S.C. § 50905

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) Renumbering and transfer of chapters.— Chapters 701 and 703 of title 49, United States Code, are renumbered as chapters 509 and 511, respectively, of title 51, United States Code, and 51 USC 70101–70121, 70301–70305. transferred so as to appear after chapter 507 of title 51, United States Code, as enacted by section 3 of this Act.

20. 2010

    Pub. L. 111–314 § 4(d)(5)(F) · 124 Stat. 3328

    Substituted · 51 U.S.C. § 50905(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)”

    Source evidence

    Code amendment note
    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)”.

    Enacted provision · exact public law section
    (F) Section 50905(b)(5)(A) of title 51, United States Code, as renumbered by paragraph (3), is amended by striking “section 70112(a)(2) and (c)” and substituting “section 50914(a)(2) and (c)”.

21. 2012

    FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 title VIII § 827 · 126 Stat. 11

    Substituted · 51 U.S.C. § 50905(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,”

    Source evidence

    Code amendment note
    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,”.

    Enacted provision · exact public law section
    SEC. 827. COMMERCIAL SPACE LAUNCH LICENSE REQUIREMENTS.    Effective date. Section 50905(c)(3) of title 51, United States Code, is amended by striking “Beginning 8 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004,” and inserting “Beginning on October 1, 2015,”.

22. 2015

    Airport and Airway Extension Act of 2015

    Pub. L. 114–55 title I § 102(e) · 129 Stat. 522

    Substituted · 51 U.S.C. § 50905(c)(3)

    Pub. L. 114–55 substituted “April 1, 2016,” for “October 1, 2015,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–55 substituted “April 1, 2016,” for “October 1, 2015,”.

    Enacted provision · exact public law section
    (e) Section 50905(c)(3) of title 51, United States Code, is amended by striking “October 1, 2015,” and inserting “April 1, 2016,”.

23. 2015

    Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 § 112 · 129 Stat. 704

    Substituted · 51 U.S.C. § 50905(a)(2)

    Pub. L. 114–90, § 112(l)(1), substituted “crew, government astronauts, and space flight participants” for “crews and space flight participants”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 114–90, § 112(l)(1), substituted “crew, government astronauts, and space flight participants” for “crews and space flight participants”.

    Enacted provision · exact public law section
    SEC. 112. GOVERNMENT ASTRONAUTS. (a) Findings and Purpose.— Section 50901(15) is amended by inserting “, government astronauts,” after “crew” each place it appears. (b) Sense of Congress.— The National Aeronautics and Space Administration has a need to fly government astronauts (as defined in section 50902 of title 51, United States Code, as amended) within commercial launch vehicles and reentry vehicles under chapter 509 of that title. This need was identified by the Secretary of Transportation and the Administrator of the National Aeronautics and Space Administration due to the intended use of commercial launch vehicles and reentry vehicles developed under the Commercial Crew Development Program, authorized in section 402 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2820; Public Law 111–267). It is the sense of Congress that the authority delegated to the Administration by the amendment made by subsection (d) of this section should be used for that purpose. (c) Definition of Government Astronaut.— Section 50902 is amended— (1) by redesignating paragraphs (4) through (22) as paragraphs (7) through (25), respectively; and (2) by inserting after paragraph (3) the following: “(4) ‘government astronaut’ means an individual who— “(A) is designated by the National Aeronautics and Space Administration under section 20113(n); “(B) is carried within a launch vehicle or reentry vehicle in the course of his or her employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle; and “(C) is either— “(i) an employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act; or “(ii) an international partner astronaut. “(5) ‘international partner astronaut’ means an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the United States, as qualified to serve as an International Space Station crew member. “(6) ‘International Space Station Intergovernmental Agreement’ means the Agreement Concerning Cooperation on the International Space Station, signed at Washington January 29, 1998 (TIAS 12927).” . (d) Powers of the National Aeronautics and Space Administration in Performance of Functions.— Section 20113 is amended by adding at the end the following: “(n) Identification of Government Astronauts.— Designation. For purposes of a license issued or transferred by the Secretary of Transportation under chapter 509 to launch a launch vehicle or to reenter a reentry vehicle carrying a government astronaut (as defined in section 50902), the Administration shall designate a government astronaut in accordance with requirements prescribed by the Administration.” . (e) Definition of Launch.— Paragraph (7) of section 50902, as redesignated, is amended by striking “and any payload, crew, or space flight participant” and inserting “and any payload or human being”. (f) Definition of Launch Services.— Paragraph (9) of section 50902, as redesignated, is amended by striking “payload, crew (including crew training), or space flight participant” and inserting “payload, crew (including crew training), government astronaut, or space flight participant”. (g) Definition of Reenter and Reentry.— Paragraph (16) of section 50902, as redesignated, is amended by striking “and its payload, crew, or space flight participants, if any,” and inserting “and its payload or human beings, if any,”. (h) Definition of Reentry Services.— Paragraph (17) of section 50902, as redesignated, is amended by striking “payload, crew (including crew training), or space flight participant, if any,” and inserting “payload, crew (including crew training), government astronaut, or space flight participant, if any,”. (i) Definition of Space Flight Participant.— Paragraph (20) of section 50902, as redesignated, is amended to read as follows: “(20) ‘space flight participant’ means an individual, who is not crew or a government astronaut, carried within a launch vehicle or reentry vehicle.” . (j) Definition of Third Party.— Paragraph (24)(E) of section 50902, as redesignated, is amended by inserting “, government astronauts,” after “crew”. (k) Restrictions on Launches, Operations, and Reentries; Single License or Permit.— Section 50904(d) is amended by striking “activities involving crew or space flight participants” and inserting “activities involving crew, government astronauts, or space flight participants”. (l) License Applications and Requirements; Applications.— Section 50905 is amended— (1) in subsection (a)(2), by striking “crews and space flight participants” and inserting “crew, government astronauts, and space flight participants”; (2) in subsection (b)(2)(D), by striking “crew or space flight participants” and inserting “crew, government astronauts, or space flight participants”; and (3) in subsection (c)— (A) in paragraph (1), by striking “crew and space flight participants” and inserting “crew, government astronauts, and space flight participants”; and (B) in paragraph (2), by striking “to crew or space flight participants” each place it appears and inserting “to crew, government astronauts, or space flight participants”. (m) Monitoring Activities.— Section 50907(a) is amended by striking “at a site used for crew or space flight participant training” and inserting “at a site not owned or operated by the Federal Government or a foreign government used for crew, government astronaut, or space flight participant training”. (n) Additional Suspensions.— Section 50908(d)(1) is amended by striking “to crew or space flight participants” each place it appears and inserting “to any human being”. (o) Relationship to Other Executive Agencies, Laws, and International Obligations; Nonapplication.— Section 50919(g) is amended to read as follows: “(g) Nonapplication.— “(1) In general.— This chapter does not apply to— “(A) 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 “(B) planning or policies related to the launch, reentry, operation, or activity under subparagraph (A). “(2) Rule of construction.— The following activities are not space activities the Government carries out for the Government under paragraph (1): “(A) A government astronaut being carried within a launch vehicle or reentry vehicle under this chapter. “(B) A government astronaut performing activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle under this chapter.” .

24. 2015

    Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 § 112 · 129 Stat. 704

    Substituted · 51 U.S.C. § 50905(b)(2)(D)

    Pub. L. 114–90, § 112(l)(2), substituted “crew, government astronauts, or space flight participants” for “crew or space flight participants”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    SEC. 112. GOVERNMENT ASTRONAUTS. (a) Findings and Purpose.— Section 50901(15) is amended by inserting “, government astronauts,” after “crew” each place it appears. (b) Sense of Congress.— The National Aeronautics and Space Administration has a need to fly government astronauts (as defined in section 50902 of title 51, United States Code, as amended) within commercial launch vehicles and reentry vehicles under chapter 509 of that title. This need was identified by the Secretary of Transportation and the Administrator of the National Aeronautics and Space Administration due to the intended use of commercial launch vehicles and reentry vehicles developed under the Commercial Crew Development Program, authorized in section 402 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2820; Public Law 111–267). It is the sense of Congress that the authority delegated to the Administration by the amendment made by subsection (d) of this section should be used for that purpose. (c) Definition of Government Astronaut.— Section 50902 is amended— (1) by redesignating paragraphs (4) through (22) as paragraphs (7) through (25), respectively; and (2) by inserting after paragraph (3) the following: “(4) ‘government astronaut’ means an individual who— “(A) is designated by the National Aeronautics and Space Administration under section 20113(n); “(B) is carried within a launch vehicle or reentry vehicle in the course of his or her employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle; and “(C) is either— “(i) an employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act; or “(ii) an international partner astronaut. “(5) ‘international partner astronaut’ means an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the United States, as qualified to serve as an International Space Station crew member. “(6) ‘International Space Station Intergovernmental Agreement’ means the Agreement Concerning Cooperation on the International Space Station, signed at Washington January 29, 1998 (TIAS 12927).” . (d) Powers of the National Aeronautics and Space Administration in Performance of Functions.— Section 20113 is amended by adding at the end the following: “(n) Identification of Government Astronauts.— Designation. For purposes of a license issued or transferred by the Secretary of Transportation under chapter 509 to launch a launch vehicle or to reenter a reentry vehicle carrying a government astronaut (as defined in section 50902), the Administration shall designate a government astronaut in accordance with requirements prescribed by the Administration.” . (e) Definition of Launch.— Paragraph (7) of section 50902, as redesignated, is amended by striking “and any payload, crew, or space flight participant” and inserting “and any payload or human being”. (f) Definition of Launch Services.— Paragraph (9) of section 50902, as redesignated, is amended by striking “payload, crew (including crew training), or space flight participant” and inserting “payload, crew (including crew training), government astronaut, or space flight participant”. (g) Definition of Reenter and Reentry.— Paragraph (16) of section 50902, as redesignated, is amended by striking “and its payload, crew, or space flight participants, if any,” and inserting “and its payload or human beings, if any,”. (h) Definition of Reentry Services.— Paragraph (17) of section 50902, as redesignated, is amended by striking “payload, crew (including crew training), or space flight participant, if any,” and inserting “payload, crew (including crew training), government astronaut, or space flight participant, if any,”. (i) Definition of Space Flight Participant.— Paragraph (20) of section 50902, as redesignated, is amended to read as follows: “(20) ‘space flight participant’ means an individual, who is not crew or a government astronaut, carried within a launch vehicle or reentry vehicle.” . (j) Definition of Third Party.— Paragraph (24)(E) of section 50902, as redesignated, is amended by inserting “, government astronauts,” after “crew”. (k) Restrictions on Launches, Operations, and Reentries; Single License or Permit.— Section 50904(d) is amended by striking “activities involving crew or space flight participants” and inserting “activities involving crew, government astronauts, or space flight participants”. (l) License Applications and Requirements; Applications.— Section 50905 is amended— (1) in subsection (a)(2), by striking “crews and space flight participants” and inserting “crew, government astronauts, and space flight participants”; (2) in subsection (b)(2)(D), by striking “crew or space flight participants” and inserting “crew, government astronauts, or space flight participants”; and (3) in subsection (c)— (A) in paragraph (1), by striking “crew and space flight participants” and inserting “crew, government astronauts, and space flight participants”; and (B) in paragraph (2), by striking “to crew or space flight participants” each place it appears and inserting “to crew, government astronauts, or space flight participants”. (m) Monitoring Activities.— Section 50907(a) is amended by striking “at a site used for crew or space flight participant training” and inserting “at a site not owned or operated by the Federal Government or a foreign government used for crew, government astronaut, or space flight participant training”. (n) Additional Suspensions.— Section 50908(d)(1) is amended by striking “to crew or space flight participants” each place it appears and inserting “to any human being”. (o) Relationship to Other Executive Agencies, Laws, and International Obligations; Nonapplication.— Section 50919(g) is amended to read as follows: “(g) Nonapplication.— “(1) In general.— This chapter does not apply to— “(A) 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 “(B) planning or policies related to the launch, reentry, operation, or activity under subparagraph (A). “(2) Rule of construction.— The following activities are not space activities the Government carries out for the Government under paragraph (1): “(A) A government astronaut being carried within a launch vehicle or reentry vehicle under this chapter. “(B) A government astronaut performing activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle under this chapter.” .

25. 2015

    Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 title I · 129 Stat. 704

    1. Inserted · 51 U.S.C. § 50905(c)(1)

       Pub. L. 114–90, §§ 111(1), 112(l)(3)(A), inserted “In general.—” before “The Secretary”

    2. Substituted · 51 U.S.C. § 50905(c)(1)

       Pub. L. 114–90, §§ 111(1), 112(l)(3)(A), substituted “crew, government astronauts, and space flight participants” for “crew and space flight participants”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 114–90, §§ 111(1), 112(l)(3)(A), inserted “In general.—” before “The Secretary” and substituted “crew, government astronauts, and space flight participants” for “crew and space flight participants”.

    Enacted provision · exact public law
    TITLE I— SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND ENTREPRENEURSHIP SEC. 101. SHORT TITLE.   This title may be cited as the “Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015” or “SPACE Act of 2015”. SEC. 102. INTERNATIONAL LAUNCH COMPETITIVENESS. (a) Sense of Congress.— It is the sense of Congress that it is in the public interest to update the methodology used to calculate the maximum probable loss from claims under section 50914 of title 51, United States Code, with a validated risk profile approach in order to consistently compute valid and reasonable maximum probable loss values. (b) Implementation.— Deadline. Consultation. Evaluation. Plans. Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the commercial space sector and insurance providers, shall— (1) evaluate the methodology used to calculate the maximum probable loss from claims under section 50914 of title 51, United States Code, and, if necessary, develop a plan to update that methodology; (2) in evaluating or developing a plan under paragraph (1)— (A) ensure that the Federal Government is not exposed to greater costs than intended and that launch companies are not required to purchase more insurance coverage than necessary; and (B) consider the impact of the cost to both the industry and the Government of implementing an updated methodology; and (3) submit the evaluation, and any plan, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. (c) Independent Assessment.— Deadline. Not later than 270 days after the date the evaluation is submitted under subsection (b)(3), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives an assessment of— (1) the analysis and conclusions provided by the Secretary of Transportation in the evaluation, and any plan, under subsection (b); (2) the implementation schedule proposed by the Secretary in the plan described in paragraph (1); (3) the suitability of the plan described in paragraph (1) for implementation; and (4) any further actions needed to implement the plan described in paragraph (1) or otherwise accomplish the purpose of this section. (d) Launch Liability Extension.— Section 50915(f) is amended by striking “December 31, 2016” and inserting “September 30, 2025”. SEC. 103. INDEMNIFICATION FOR SPACE FLIGHT PARTICIPANTS. (a) In General.— Chapter 509 is amended— (1) in section 50914(a)— (A) in paragraph (4), by adding at the end the following: “(E) space flight participants.” ; and (B) by adding at the end the following: “(5) Subparagraph (E) of paragraph (4) ceases to be effective September 30, 2025.” ; and (2) in section 50915(a)— (A) in paragraph (1), by striking “a licensee or transferee under this chapter, a contractor, subcontractor, or customer of the licensee or transferee, or a contractor or subcontractor of a customer, but not against a space flight participant,” and inserting “a person described in paragraph (3)(A)”; and (B) by adding at the end the following: “(3) (A) A person described in this subparagraph is— “(i) a licensee or transferee under this chapter; “(ii) a contractor, subcontractor, or customer of the licensee or transferee; “(iii) a contractor or subcontractor of a customer; or “(iv) a space flight participant. “(B) Clause (iv) of subparagraph (A) ceases to be effective September 30, 2025.” . SEC. 104. LAUNCH LICENSE FLEXIBILITY.   Section 50906 is amended— (1) in subsection (d)— (A) in the matter preceding paragraph (1), by striking “that will be launched or reentered” and inserting “or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit”; (B) by amending paragraph (1) to read as follows: “(1) research and development to test design concepts, equipment, or operating techniques;” ; and (C) in paragraph (3)— (i) by striking “prior to obtaining a license”; and (ii) by inserting “or vehicle” after “design of the rocket”; (2) in subsection (e)— (A) in paragraph (1), by striking “suborbital rocket design” and inserting “suborbital rocket or suborbital rocket design, or for a particular reusable launch vehicle or reusable launch vehicle design,”; and (B) in paragraph (2), by inserting “or launch vehicle” after “the suborbital rocket”; (3) by amending subsection (g) to read as follows: “(g) The Secretary may issue a permit under this section notwithstanding any license issued under this chapter. The issuance of a license under this chapter may not invalidate a permit issued under this section.” ; and (4) in subsection (h), by inserting “or reusable launch vehicle” after “suborbital rocket”. SEC. 105. LICENSING REPORT.   Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on approaches for streamlining the licensing and permitting process of launch vehicles, reentry vehicles, or components of launch or reentry vehicles, to enable non-launch flight operations related to space transportation. The report shall include approaches to improve efficiency, reduce unnecessary costs, resolve inconsistencies, remove duplication, and minimize unwarranted constraints. The Assessment. report shall also include an assessment of existing private and government infrastructure, as appropriate, in future licensing activities. SEC. 106. FEDERAL JURISDICTION.   Section 50914 is amended by adding at the end the following: “(g) Federal Jurisdiction.— Any claim by a third party or space flight participant for death, bodily injury, or property damage or loss resulting from an activity carried out under the license shall be the exclusive jurisdiction of the Federal courts.” . SEC. 107. CROSS WAIVERS.   Section 50914(b)(1) is amended to read as follows: “(1) (A) 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 applicable parties involved in launch services or reentry services under which each party to the waiver agrees to be responsible for personal injury to, death of, or property damage or loss sustained by it or its own employees resulting from an activity carried out under the applicable license. “(B) In this paragraph, the term ‘applicable parties’ means— “(i) contractors, subcontractors, and customers of the licensee or transferee; “(ii) contractors and subcontractors of the customers; and “(iii) space flight participants. “(C) Clause (iii) of subparagraph (B) ceases to be effective September 30, 2025.” . SEC. 108. SPACE AUTHORITY. (a) In General.— Deadline. Consultation. Not later than 120 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy, in consultation with the Secretary of State, the Secretary of Transportation, the Administrator of the National Aeronautics and Space Administration, the heads of other relevant Federal agencies, and the commercial space sector, shall— (1) assess current, and proposed near-term, commercial non-governmental activities conducted in space; (2) identify appropriate authorization and supervision authorities for the activities described in paragraph (1); (3) recommend an authorization and supervision approach that would prioritize safety, utilize existing authorities, minimize burdens to the industry, promote the U.S. commercial space sector, and meet the United States obligations under international treaties; and (4) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the activities described in paragraphs (1), (2), and (3). (b) Exception.— Nothing in this section shall apply to the activities of the ISS national laboratory as described in section 504 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354), including any research or development projects utilizing the ISS national laboratory. SEC. 109. ORBITAL TRAFFIC MANAGEMENT. (a) Sense of Congress.— It is the sense of the Congress that an improved framework may be necessary for space traffic management of United States Government assets and United States private sector assets in outer space and orbital debris mitigation. (b) Study.— Deadline. Consultation. Not later than 90 days after the date of enactment of this Act, the Administrator of the National Aeronautics and Space Administration, in consultation with the Secretary of Transportation, the Chair of the Federal Communications Commission, the Secretary of Commerce, and the Secretary of Defense, shall enter into an arrangement with an independent systems engineering and technical assistance organization to study alternate frameworks for the management of space traffic and orbital activities. (c) Contents.— The study shall include the following: (1) An assessment of current regulations, best practices, and industry standards that apply to space traffic management and orbital debris mitigation. (2) An assessment of current statutory authorities granted to the Federal Communications Commission, the Department of Transportation, and the Department of Commerce that apply to space traffic management and orbital debris mitigation and how those agencies utilize and coordinate those authorities. (3) A review of all space traffic management and orbital debris requirements under treaties and other international agreements to which the United States is a signatory, and other nonbinding international arrangements in which the United States participates, and the manner and extent to which the Federal Government complies with those requirements and arrangements. (4) An assessment of existing Federal Government assets used to conduct space traffic management and space situational awareness. (5) An assessment of the risk to space traffic management associated with smallsats and any necessary Government coordination for their launch and utilization to avoid congestion of the orbital environment and improve space situational awareness. (6) An assessment of existing private sector information sharing activities associated with space situational awareness and space traffic management. (7) Recommendations related to the appropriate framework for the protection of the health, safety, and welfare of the public and economic vitality of the space industry. (d) Report.— Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives the study required in subsection (b). (e) Department of Defense Authorities.— (1) Sense of congress.— It is the sense of Congress that the Department of Defense plays a vital and unique role in protecting national security assets in space. (2) Rule of construction.— Nothing in this section may be construed to affect the authority of the Secretary of Defense as it relates to safeguarding the national security. SEC. 110. SPACE SURVEILLANCE AND SITUATIONAL AWARENESS DATA.    Deadline. Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation in concurrence with the Secretary of Defense shall— (1) in consultation with the heads of other relevant Federal agencies, study the feasibility of processing and releasing safety-related space situational awareness data and information to any entity consistent with national security interests and public safety obligations of the United States; and (2) submit a report on the feasibility study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. SEC. 111. CONSENSUS STANDARDS AND EXTENSION OF CERTAIN SAFETY REGULATION REQUIREMENTS.   Section 50905(c) is amended— (1) in paragraph (1), by inserting “In general.—” before “The Secretary”; (2) in paragraph (2), by inserting “Regulations.—” before “Regulations”; (3) by striking paragraph (3); (4) by redesignating paragraph (4) as paragraph (10); (5) by inserting after paragraph (2) the following: “(3) Facilitation of standards.— The Secretary shall continue to work with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, to facilitate the development of voluntary industry consensus standards based on recommended best practices to improve the safety of crew, government astronauts, and space flight participants as the commercial space sector continues to mature. “(4) Communication and transparency.— Nothing in this subsection shall be construed to limit the authority of the Secretary to discuss potential regulatory approaches, potential performance standards, or any other topic related to this subsection with the commercial space industry, including observations, findings, and recommendations from the Commercial Space Transportation Advisory Committee, or its successor organization, prior to the issuance of a notice of proposed rulemaking. Such discussions shall not be construed to permit the Secretary to promulgate industry regulations except as otherwise provided in this section. “(5) Interim voluntary industry consensus standards reports.— “(A) In general.— Not later than December 31, 2016, and every 30 months thereafter until December 31, 2021, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the progress of the commercial space transportation industry in developing voluntary industry consensus standards that promote best practices to improve industry safety. “(B) Contents.— The report shall include, at a minimum— “(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) Report.— Not later than 270 days after the date of enactment of the SPACE Act of 2015, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report specifying key industry metrics that might indicate readiness of the commercial space sector and the Department of Transportation to transition to a safety framework that may include regulations under paragraph (9) that considers space flight participant, government astronaut, and crew safety. “(7) Reports.— Not later than March 31 of each of 2018 and 2022, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that identifies the activities, described in this subsection and subsection (d) most appropriate for a new safety framework that may include regulatory action, if any, and a proposed transition plan for such safety framework. “(8) Independent review.— Deadline. Contracts. Assessment. Not later than December 31, 2022, an independent systems engineering and technical assistance organization or standards development organization contracted by the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives an assessment of the readiness of the commercial space industry and the Federal Government to transition to a safety framework that may include regulations. As Evaluation. part of the review, the contracted organization shall evaluate— “(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) Learning period.— Effective date. Beginning on October 1, 2023, the Secretary may propose regulations under this subsection without regard to subparagraphs (C) and (D) of paragraph (2). The development of any such regulations shall take into consideration the evolving standards of the commercial space flight industry as identified in the reports published under paragraphs (5), (6), and (7).” ; and (6) in paragraph (10), as redesignated, by inserting “Rule of construction.—” before “Nothing”. SEC. 112. GOVERNMENT ASTRONAUTS. (a) Findings and Purpose.— Section 50901(15) is amended by inserting “, government astronauts,” after “crew” each place it appears. (b) Sense of Congress.— The National Aeronautics and Space Administration has a need to fly government astronauts (as defined in section 50902 of title 51, United States Code, as amended) within commercial launch vehicles and reentry vehicles under chapter 509 of that title. This need was identified by the Secretary of Transportation and the Administrator of the National Aeronautics and Space Administration due to the intended use of commercial launch vehicles and reentry vehicles developed under the Commercial Crew Development Program, authorized in section 402 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2820; Public Law 111–267). It is the sense of Congress that the authority delegated to the Administration by the amendment made by subsection (d) of this section should be used for that purpose. (c) Definition of Government Astronaut.— Section 50902 is amended— (1) by redesignating paragraphs (4) through (22) as paragraphs (7) through (25), respectively; and (2) by inserting after paragraph (3) the following: “(4) ‘government astronaut’ means an individual who— “(A) is designated by the National Aeronautics and Space Administration under section 20113(n); “(B) is carried within a launch vehicle or reentry vehicle in the course of his or her employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle; and “(C) is either— “(i) an employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act; or “(ii) an international partner astronaut. “(5) ‘international partner astronaut’ means an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the United States, as qualified to serve as an International Space Station crew member. “(6) ‘International Space Station Intergovernmental Agreement’ means the Agreement Concerning Cooperation on the International Space Station, signed at Washington January 29, 1998 (TIAS 12927).” . (d) Powers of the National Aeronautics and Space Administration in Performance of Functions.— Section 20113 is amended by adding at the end the following: “(n) Identification of Government Astronauts.— Designation. For purposes of a license issued or transferred by the Secretary of Transportation under chapter 509 to launch a launch vehicle or to reenter a reentry vehicle carrying a government astronaut (as defined in section 50902), the Administration shall designate a government astronaut in accordance with requirements prescribed by the Administration.” . (e) Definition of Launch.— Paragraph (7) of section 50902, as redesignated, is amended by striking “and any payload, crew, or space flight participant” and inserting “and any payload or human being”. (f) Definition of Launch Services.— Paragraph (9) of section 50902, as redesignated, is amended by striking “payload, crew (including crew training), or space flight participant” and inserting “payload, crew (including crew training), government astronaut, or space flight participant”. (g) Definition of Reenter and Reentry.— Paragraph (16) of section 50902, as redesignated, is amended by striking “and its payload, crew, or space flight participants, if any,” and inserting “and its payload or human beings, if any,”. (h) Definition of Reentry Services.— Paragraph (17) of section 50902, as redesignated, is amended by striking “payload, crew (including crew training), or space flight participant, if any,” and inserting “payload, crew (including crew training), government astronaut, or space flight participant, if any,”. (i) Definition of Space Flight Participant.— Paragraph (20) of section 50902, as redesignated, is amended to read as follows: “(20) ‘space flight participant’ means an individual, who is not crew or a government astronaut, carried within a launch vehicle or reentry vehicle.” . (j) Definition of Third Party.— Paragraph (24)(E) of section 50902, as redesignated, is amended by inserting “, government astronauts,” after “crew”. (k) Restrictions on Launches, Operations, and Reentries; Single License or Permit.— Section 50904(d) is amended by striking “activities involving crew or space flight participants” and inserting “activities involving crew, government astronauts, or space flight participants”. (l) License Applications and Requirements; Applications.— Section 50905 is amended— (1) in subsection (a)(2), by striking “crews and space flight participants” and inserting “crew, government astronauts, and space flight participants”; (2) in subsection (b)(2)(D), by striking “crew or space flight participants” and inserting “crew, government astronauts, or space flight participants”; and (3) in subsection (c)— (A) in paragraph (1), by striking “crew and space flight participants” and inserting “crew, government astronauts, and space flight participants”; and (B) in paragraph (2), by striking “to crew or space flight participants” each place it appears and inserting “to crew, government astronauts, or space flight participants”. (m) Monitoring Activities.— Section 50907(a) is amended by striking “at a site used for crew or space flight participant training” and inserting “at a site not owned or operated by the Federal Government or a foreign government used for crew, government astronaut, or space flight participant training”. (n) Additional Suspensions.— Section 50908(d)(1) is amended by striking “to crew or space flight participants” each place it appears and inserting “to any human being”. (o) Relationship to Other Executive Agencies, Laws, and International Obligations; Nonapplication.— Section 50919(g) is amended to read as follows: “(g) Nonapplication.— “(1) In general.— This chapter does not apply to— “(A) 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 “(B) planning or policies related to the launch, reentry, operation, or activity under subparagraph (A). “(2) Rule of construction.— The following activities are not space activities the Government carries out for the Government under paragraph (1): “(A) A government astronaut being carried within a launch vehicle or reentry vehicle under this chapter. “(B) A government astronaut performing activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle under this chapter.” . SEC. 113. STREAMLINE COMMERCIAL SPACE LAUNCH ACTIVITIES. (a) Sense of Congress.— It is the sense of Congress that eliminating duplicative requirements and approvals for commercial launch and reentry operations will promote and encourage the development of the commercial space sector. (b) Reaffirmation of Policy.— Congress reaffirms that the Secretary of Transportation, in overseeing and coordinating commercial launch and reentry operations, should— (1) promote commercial space launches and reentries by the private sector; (2) facilitate Government, State, and private sector involvement in enhancing U.S. launch sites and facilities; (3) protect public health and safety, safety of property, national security interests, and foreign policy interests of the United States; and (4) consult with the head of another executive agency, including the Secretary of Defense or the Administrator of the National Aeronautics and Space Administration, as necessary to provide consistent application of licensing requirements under chapter 509 of title 51, United States Code. (c) Requirements.— (1) In general.— Consultation. The Secretary of Transportation under section 50918 of title 51, United States Code, and subject to section 50905(b)(2)(C) of that title, shall consult with the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, and the heads of other executive agencies, as appropriate— (A) to identify all requirements that are imposed to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States relevant to any commercial launch of a launch vehicle or commercial reentry of a reentry vehicle; and (B) to evaluate the requirements identified in subparagraph (A) and, in coordination with the licensee or transferee and the heads of the relevant executive agencies— (i) determine whether the satisfaction of a requirement of one agency could result in the satisfaction of a requirement of another agency; and (ii) resolve any inconsistencies and remove any outmoded or duplicative requirements or approvals of the Federal Government relevant to any commercial launch of a launch vehicle or commercial reentry of a reentry vehicle. (2) Reports.— Determination. Consultation. Not later than 180 days after the date of enactment of this Act, and annually thereafter until the Secretary of Transportation determines no outmoded or duplicative requirements or approvals of the Federal Government exist, the Secretary of Transportation, in consultation with the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the commercial space sector, and the heads of other executive agencies, as appropriate, shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the congressional defense committees a report that includes the following: (A) A description of the process for the application for and approval of a permit or license under chapter 509 of title 51, United States Code, for the commercial launch of a launch vehicle or commercial reentry of a reentry vehicle, including the identification of— (i) any unique requirements for operating on a United States Government launch site, reentry site, or launch property; and (ii) any inconsistent, outmoded, or duplicative requirements or approvals. (B) A description of current efforts, if any, to coordinate and work across executive agencies to define interagency processes and procedures for sharing information, avoiding duplication of effort, and resolving common agency requirements. (C) Recommendations for legislation that may further— (i) streamline requirements in order to improve efficiency, reduce unnecessary costs, resolve inconsistencies, remove duplication, and minimize unwarranted constraints; and (ii) consolidate or modify requirements across affected agencies into a single application set that satisfies the requirements identified in paragraph (1)(A). (3) Definitions.— For purposes of this subsection— (A) any applicable definitions set forth in section 50902 of title 51, United States Code, shall apply; (B) the terms “launch”, “reenter”, and “reentry” include landing of a launch vehicle or reentry vehicle; and (C) the terms “United States Government launch site” and “United States Government reentry site” include any necessary facility, at that location, that is commercially operated on United States Government property. SEC. 114. OPERATION AND UTILIZATION OF THE ISS. (a) Sense of Congress.— It is the sense of Congress that— (1) maximum utilization of partnerships, scientific research, commercial applications, and exploration test bed capabilities of the ISS is essential to ensuring the greatest return on investments made by the United States and its international partners in the development, assembly, and operations of that unique facility; and (2) every effort should be made to ensure that decisions regarding the service life of the ISS are based on the station’s projected capability to continue providing effective and productive research and exploration test bed capabilities. (b) Continuation of the International Space Station.— (1) In general.— Section 501 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18351) is amended— (A) in the heading, by striking “through 2020”; and (B) in subsection (a), by striking “through at least 2020” and inserting “through at least 2024”. (2) Maintenance of the united states segment and assurance of continued operations of the international space station.— Section 503 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18353) is amended— (A) in subsection (a), by striking “through at least September 30, 2020” and inserting “through at least September 30, 2024”; and (B) in subsection (b)(1), by striking “In carrying out subsection (a), the Administrator” and inserting “The Administrator”. (3) Research capacity allocation and integration of research payloads.— Section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(d)) is amended by striking “September 30, 2020” each place it appears and inserting “at least September 30, 2024”. (4) Maintaining use through at least 2024.— Section 70907 is amended to read as follows: “§ 70907. Maintaining use through at least 2024 “(a) Policy.— The Administrator shall take all necessary steps to ensure that the International Space Station remains a viable and productive facility capable of potential United States utilization through at least September 30, 2024. “(b) NASA Actions.— In furtherance of the policy under subsection (a), the Administrator shall ensure, to the extent practicable, that the International Space Station, as a designated national laboratory— “(1) remains viable as an element of overall exploration and partnership strategies and approaches; “(2) is considered for use by all NASA mission directorates, as appropriate, for technically appropriate scientific data gathering or technology risk reduction demonstrations; and “(3) remains an effective, functional vehicle providing research and test bed capabilities for the United States through at least September 30, 2024.” . (5) Technical and conforming amendments.— (A) Table of contents of 2010 act.— The item relating to section 501 in the table of contents in section 1(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2806) is amended by striking “through 2020”. (B) Table of contents of chapter 709.— The table of contents for chapter 709 51 USC prec. 70901. is amended by amending the item relating to section 70907 to read as follows: “70907. Maintaining use through at least 2024.”. SEC. 115. STATE COMMERCIAL LAUNCH FACILITIES. (a) Sense of Congress.— It is the sense of Congress that— (1) State involvement, development, ownership, and operation of launch facilities can enable growth of the Nation’s commercial suborbital and orbital space endeavors and support both commercial and Government space programs; (2) State launch facilities and the people and property in the affected launch areas of those facilities may be subject to risks resulting from an activity carried out under a license under chapter 509 of title 51, United States Code; and (3) to ensure the success of the commercial launch industry and the safety of the people and property in the affected launch areas of those facilities, States and State launch facilities should seek to take proper measures to protect themselves, to the extent of their potential liability for involvement in launch services or reentry services, and compensate third parties for possible death, bodily injury, or property damage or loss resulting from an activity carried out under a license under chapter 509 of title 51, United States Code, to which the State or State launch facility is involved in the launch services or reentry services. (b) Report.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the potential inclusion of all government property, including State and municipal property, in the existing indemnification regime established under section 50914 of title 51, United States Code. SEC. 116. SPACE SUPPORT VEHICLES STUDY. (a) In General.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the use of space support vehicle services in the commercial space industry. (b) Contents.— This report shall include— (1) the extent to which launch providers rely on such services as part of their business models; (2) the statutory, regulatory, and market barriers to the use of such services; and (3) recommendations for legislative or regulatory action that may be needed to ensure reduced barriers to the use of such services if such use is a requirement of the industry. SEC. 117. SPACE LAUNCH SYSTEM UPDATE. (a) In General.— Chapter 701 51 USC prec. 70101. is amended— (1) in the heading by striking “SPACE SHUTTLE” and inserting “SPACE LAUNCH SYSTEM”; (2) in section 70101— (A) in the heading, by striking “space shuttle” and inserting “space launch system”; and (B) by striking “space shuttle” and inserting “space launch system”; (3) by amending section 70102 to read as follows: “§ 70102. Space launch system use policy “(a) In General.— The Space Launch System may be used for the following circumstances: “(1) Payloads and missions that contribute to extending human presence beyond low-Earth orbit and substantially benefit from the unique capabilities of the Space Launch System. “(2) Other payloads and missions that substantially benefit from the unique capabilities of the Space Launch System. “(3) On a space available basis, Federal Government or educational payloads that are consistent with NASA’s mission for exploration beyond low-Earth orbit. “(4) Compelling circumstances, as determined by the Administrator. “(b) Agreements With Foreign Entities.— The Administrator may plan, negotiate, or implement agreements with foreign entities for the launch of payloads for international collaborative efforts relating to science and technology using the Space Launch System. “(c) Compelling Circumstances.— Deadline. Determination. Notification. Not later than 30 days after the date the Administrator makes a determination under subsection (a)(4), the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives written notification of the Administrator’s intent to select the Space Launch System for a specific mission under that subsection, including justification for the determination.” ; (4) in section 70103— (A) in the heading, by striking “space shuttle” and inserting “space launch system”; and (B) in subsection (b), by striking “space shuttle” each place it appears and inserting “space launch system”; and (5) by adding at the end the following: “§ 70104. Definition of Space Launch System   “In this chapter, the term ‘Space Launch System’ means the Space Launch System authorized under section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322).” . (b) Technical and Conforming Amendments.— (1) Table of chapters.— The table of chapters of title 51 51 USC prec. 10101. is amended by amending the item relating to chapter 701 to read as follows: “701.   Use of space launch system or alternatives (2) Table of contents of chapter 701.— The table of contents of chapter 701 51 USC prec. 70101. is amended— (A) in the item relating to section 70101, by striking “space shuttle” and inserting “space launch system”; (B) in the item relating to section 70102, by striking “Space shuttle” and inserting “Space launch system”; (C) in the item relating to section 70103, by striking “space shuttle” and inserting “space launch system”; and (D) by adding at the end the following: “70104. Definition of Space Launch System.”. (3) Requirement to procure commercial space transportation services.— Section 50131(a) of chapter 51 is amended by inserting “or in section 70102” after “in this section”.

26. 2015

    Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 § 111(2) · 129 Stat. 704

    Inserted · 51 U.S.C. § 50905(c)(2)

    Pub. L. 114–90, § 111(2), inserted “Regulations.—” before “Regulations” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 114–90, § 111(2), inserted “Regulations.—” before “Regulations” in introductory provisions.

    Enacted provision · exact public law section
    (2) in paragraph (2), by inserting “Regulations.—” before “Regulations”;

27. 2015

    Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 § 112 · 129 Stat. 704

    Substituted · 51 U.S.C. § 50905(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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    SEC. 112. GOVERNMENT ASTRONAUTS. (a) Findings and Purpose.— Section 50901(15) is amended by inserting “, government astronauts,” after “crew” each place it appears. (b) Sense of Congress.— The National Aeronautics and Space Administration has a need to fly government astronauts (as defined in section 50902 of title 51, United States Code, as amended) within commercial launch vehicles and reentry vehicles under chapter 509 of that title. This need was identified by the Secretary of Transportation and the Administrator of the National Aeronautics and Space Administration due to the intended use of commercial launch vehicles and reentry vehicles developed under the Commercial Crew Development Program, authorized in section 402 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2820; Public Law 111–267). It is the sense of Congress that the authority delegated to the Administration by the amendment made by subsection (d) of this section should be used for that purpose. (c) Definition of Government Astronaut.— Section 50902 is amended— (1) by redesignating paragraphs (4) through (22) as paragraphs (7) through (25), respectively; and (2) by inserting after paragraph (3) the following: “(4) ‘government astronaut’ means an individual who— “(A) is designated by the National Aeronautics and Space Administration under section 20113(n); “(B) is carried within a launch vehicle or reentry vehicle in the course of his or her employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle; and “(C) is either— “(i) an employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act; or “(ii) an international partner astronaut. “(5) ‘international partner astronaut’ means an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the United States, as qualified to serve as an International Space Station crew member. “(6) ‘International Space Station Intergovernmental Agreement’ means the Agreement Concerning Cooperation on the International Space Station, signed at Washington January 29, 1998 (TIAS 12927).” . (d) Powers of the National Aeronautics and Space Administration in Performance of Functions.— Section 20113 is amended by adding at the end the following: “(n) Identification of Government Astronauts.— Designation. For purposes of a license issued or transferred by the Secretary of Transportation under chapter 509 to launch a launch vehicle or to reenter a reentry vehicle carrying a government astronaut (as defined in section 50902), the Administration shall designate a government astronaut in accordance with requirements prescribed by the Administration.” . (e) Definition of Launch.— Paragraph (7) of section 50902, as redesignated, is amended by striking “and any payload, crew, or space flight participant” and inserting “and any payload or human being”. (f) Definition of Launch Services.— Paragraph (9) of section 50902, as redesignated, is amended by striking “payload, crew (including crew training), or space flight participant” and inserting “payload, crew (including crew training), government astronaut, or space flight participant”. (g) Definition of Reenter and Reentry.— Paragraph (16) of section 50902, as redesignated, is amended by striking “and its payload, crew, or space flight participants, if any,” and inserting “and its payload or human beings, if any,”. (h) Definition of Reentry Services.— Paragraph (17) of section 50902, as redesignated, is amended by striking “payload, crew (including crew training), or space flight participant, if any,” and inserting “payload, crew (including crew training), government astronaut, or space flight participant, if any,”. (i) Definition of Space Flight Participant.— Paragraph (20) of section 50902, as redesignated, is amended to read as follows: “(20) ‘space flight participant’ means an individual, who is not crew or a government astronaut, carried within a launch vehicle or reentry vehicle.” . (j) Definition of Third Party.— Paragraph (24)(E) of section 50902, as redesignated, is amended by inserting “, government astronauts,” after “crew”. (k) Restrictions on Launches, Operations, and Reentries; Single License or Permit.— Section 50904(d) is amended by striking “activities involving crew or space flight participants” and inserting “activities involving crew, government astronauts, or space flight participants”. (l) License Applications and Requirements; Applications.— Section 50905 is amended— (1) in subsection (a)(2), by striking “crews and space flight participants” and inserting “crew, government astronauts, and space flight participants”; (2) in subsection (b)(2)(D), by striking “crew or space flight participants” and inserting “crew, government astronauts, or space flight participants”; and (3) in subsection (c)— (A) in paragraph (1), by striking “crew and space flight participants” and inserting “crew, government astronauts, and space flight participants”; and (B) in paragraph (2), by striking “to crew or space flight participants” each place it appears and inserting “to crew, government astronauts, or space flight participants”. (m) Monitoring Activities.— Section 50907(a) is amended by striking “at a site used for crew or space flight participant training” and inserting “at a site not owned or operated by the Federal Government or a foreign government used for crew, government astronaut, or space flight participant training”. (n) Additional Suspensions.— Section 50908(d)(1) is amended by striking “to crew or space flight participants” each place it appears and inserting “to any human being”. (o) Relationship to Other Executive Agencies, Laws, and International Obligations; Nonapplication.— Section 50919(g) is amended to read as follows: “(g) Nonapplication.— “(1) In general.— This chapter does not apply to— “(A) 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 “(B) planning or policies related to the launch, reentry, operation, or activity under subparagraph (A). “(2) Rule of construction.— The following activities are not space activities the Government carries out for the Government under paragraph (1): “(A) A government astronaut being carried within a launch vehicle or reentry vehicle under this chapter. “(B) A government astronaut performing activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle under this chapter.” .

28. 2015

    Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 § 111(3) · 129 Stat. 704

    1. Added · 51 U.S.C. § 50905(c)(3)

       Pub. L. 114–90, § 111(3), (5), added par. (3)

    2. Struck · 51 U.S.C. § 50905(c)(3)

       Pub. L. 114–90, § 111(3), (5), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (3) by striking paragraph (3);

29. 2015

    Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 § 111(5) · 129 Stat. 704

    Redesignated · 51 U.S.C. § 50905(c)(4)

    Pub. L. 114–90, § 111(5), added par. (4). Former par. (4) redesignated (10)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 114–90, § 111(5), added par. (4). Former par. (4) redesignated (10).

    Enacted provision · exact public law section
    (5) by inserting after paragraph (2) the following: “(3) Facilitation of standards.— The Secretary shall continue to work with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, to facilitate the development of voluntary industry consensus standards based on recommended best practices to improve the safety of crew, government astronauts, and space flight participants as the commercial space sector continues to mature. “(4) Communication and transparency.— Nothing in this subsection shall be construed to limit the authority of the Secretary to discuss potential regulatory approaches, potential performance standards, or any other topic related to this subsection with the commercial space industry, including observations, findings, and recommendations from the Commercial Space Transportation Advisory Committee, or its successor organization, prior to the issuance of a notice of proposed rulemaking. Such discussions shall not be construed to permit the Secretary to promulgate industry regulations except as otherwise provided in this section. “(5) Interim voluntary industry consensus standards reports.— “(A) In general.— Not later than December 31, 2016, and every 30 months thereafter until December 31, 2021, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the progress of the commercial space transportation industry in developing voluntary industry consensus standards that promote best practices to improve industry safety. “(B) Contents.— The report shall include, at a minimum— “(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) Report.— Not later than 270 days after the date of enactment of the SPACE Act of 2015, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report specifying key industry metrics that might indicate readiness of the commercial space sector and the Department of Transportation to transition to a safety framework that may include regulations under paragraph (9) that considers space flight participant, government astronaut, and crew safety. “(7) Reports.— Not later than March 31 of each of 2018 and 2022, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that identifies the activities, described in this subsection and subsection (d) most appropriate for a new safety framework that may include regulatory action, if any, and a proposed transition plan for such safety framework. “(8) Independent review.— Deadline. Contracts. Assessment. Not later than December 31, 2022, an independent systems engineering and technical assistance organization or standards development organization contracted by the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives an assessment of the readiness of the commercial space industry and the Federal Government to transition to a safety framework that may include regulations. As Evaluation. part of the review, the contracted organization shall evaluate— “(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) Learning period.— Effective date. Beginning on October 1, 2023, the Secretary may propose regulations under this subsection without regard to subparagraphs (C) and (D) of paragraph (2). The development of any such regulations shall take into consideration the evolving standards of the commercial space flight industry as identified in the reports published under paragraphs (5), (6), and (7).” ; and

30. 2015

    Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 § 111(5) · 129 Stat. 704

    Added · 51 U.S.C. § 50905(c)(5)(9)

    Pub. L. 114–90, § 111(5), added pars. (5) to (9)

    Source evidence

    Code amendment note
    Subsec. (c)(5) to (9). Pub. L. 114–90, § 111(5), added pars. (5) to (9).

    Enacted provision · exact public law section
    (5) by inserting after paragraph (2) the following: “(3) Facilitation of standards.— The Secretary shall continue to work with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, to facilitate the development of voluntary industry consensus standards based on recommended best practices to improve the safety of crew, government astronauts, and space flight participants as the commercial space sector continues to mature. “(4) Communication and transparency.— Nothing in this subsection shall be construed to limit the authority of the Secretary to discuss potential regulatory approaches, potential performance standards, or any other topic related to this subsection with the commercial space industry, including observations, findings, and recommendations from the Commercial Space Transportation Advisory Committee, or its successor organization, prior to the issuance of a notice of proposed rulemaking. Such discussions shall not be construed to permit the Secretary to promulgate industry regulations except as otherwise provided in this section. “(5) Interim voluntary industry consensus standards reports.— “(A) In general.— Not later than December 31, 2016, and every 30 months thereafter until December 31, 2021, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the progress of the commercial space transportation industry in developing voluntary industry consensus standards that promote best practices to improve industry safety. “(B) Contents.— The report shall include, at a minimum— “(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) Report.— Not later than 270 days after the date of enactment of the SPACE Act of 2015, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report specifying key industry metrics that might indicate readiness of the commercial space sector and the Department of Transportation to transition to a safety framework that may include regulations under paragraph (9) that considers space flight participant, government astronaut, and crew safety. “(7) Reports.— Not later than March 31 of each of 2018 and 2022, the Secretary, in consultation and coordination with the commercial space sector, including the Commercial Space Transportation Advisory Committee, or its successor organization, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that identifies the activities, described in this subsection and subsection (d) most appropriate for a new safety framework that may include regulatory action, if any, and a proposed transition plan for such safety framework. “(8) Independent review.— Deadline. Contracts. Assessment. Not later than December 31, 2022, an independent systems engineering and technical assistance organization or standards development organization contracted by the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives an assessment of the readiness of the commercial space industry and the Federal Government to transition to a safety framework that may include regulations. As Evaluation. part of the review, the contracted organization shall evaluate— “(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) Learning period.— Effective date. Beginning on October 1, 2023, the Secretary may propose regulations under this subsection without regard to subparagraphs (C) and (D) of paragraph (2). The development of any such regulations shall take into consideration the evolving standards of the commercial space flight industry as identified in the reports published under paragraphs (5), (6), and (7).” ; and

31. 2015

    Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 § 111(4) · 129 Stat. 704

    1. Redesignated · 51 U.S.C. § 50905(c)(10)

       Pub. L. 114–90, § 111(4), (6), redesignated par. (4) as (10)

    2. Inserted · 51 U.S.C. § 50905(c)(10)

       Pub. L. 114–90, § 111(4), (6), inserted “Rule of construction.—” before “Nothing”

    Source evidence

    Code amendment note
    Subsec. (c)(10). Pub. L. 114–90, § 111(4), (6), redesignated par. (4) as (10) and inserted “Rule of construction.—” before “Nothing”.

    Enacted provision · exact public law section
    (4) by redesignating paragraph (4) as paragraph (10);

32. 2023

    Continuing Appropriations Act, 2024 and Other Extensions Act

    Pub. L. 118–15 div. B title II § 2202(k) · 137 Stat. 71

    Substituted · 51 U.S.C. § 50905(c)(9)

    Pub. L. 118–15 substituted “January 1, 2024” for “October 1, 2023”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–15 substituted “January 1, 2024” for “October 1, 2023”.

    Enacted provision · exact public law section
    (k) Learning Period.— Section 50905(c)(9) of title 51, United States Code, is amended by striking “October 1, 2023” and inserting “January 1, 2024”.

33. 2023

    Airport and Airway Extension Act of 2023, Part II

    Pub. L. 118–34 title I § 102(k) · 137 Stat. 1112

    Substituted · 51 U.S.C. § 50905(c)(9)

    Pub. L. 118–34 substituted “March 9, 2024” for “January 1, 2024”

    Source evidence

    Code amendment note
    Subsec. (c)(9). Pub. L. 118–34 substituted “March 9, 2024” for “January 1, 2024”.

    Enacted provision · exact public law section
    (k) Learning Period.— Section 50905(c)(9) of title 51, United States Code, is amended by striking “January 1, 2024” and inserting “March 9, 2024”.

34. 2024

    Pub. L. 118–41 title I § 102(k) · 138 Stat. 22

    Substituted · 51 U.S.C. § 50905(c)(9)

    Pub. L. 118–41 substituted “May 11, 2024” for “March 9, 2024”

    Unresolved: Pub. L. 118–41 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–41 substituted “May 11, 2024” for “March 9, 2024”.

35. 2024

    Pub. L. 118–63 title XI § 1111 · 138 Stat. 1419

    Substituted · 51 U.S.C. § 50905(c)(9)

    Pub. L. 118–63 substituted “January 1, 2025” for “May 11, 2024”

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–63 substituted “January 1, 2025” for “May 11, 2024”.

36. 2024

    Pub. L. 118–159 div. E title LVII § 5702(1) · 138 Stat. 2461

    Substituted · 51 U.S.C. § 50905(c)(9)

    Pub. L. 118–159 substituted “January 1, 2028” for “January 1, 2025”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(9). Pub. L. 118–159 substituted “January 1, 2028” for “January 1, 2025”.

39 of 44 references resolved to an enrolled provision · 2 partial · 3 unresolved