1
 See References in Text note below.
shall issue or transfer a license if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 120 days after accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D).

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

70105(a)

49 App.:2606 (1st sentence).

Oct. 30, 1984, Pub. L. 98–575, §§ 7 (1st sentence), 8, 9(a), (b), 98 Stat. 3058.

49 App.:2608(a) (1st sentence), (b) (1st, 3d, last sentences).

70105(b)(1)

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

70105(b) (2)(A)

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

70105(b) (2)(B)

49 App.:2607(b).

70105(b) (2)(C)

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

70105(b)(3)

49 App.:2607(c).

70105(c)

49 App.:2608(a) (last sentence).

In subsection (a), the words “for launching one or more launch vehicles or for operating one or more launch sites, or both” in 49 App.:2606 are omitted as surplus.

In subsection (b)(2)(C), the words “that would otherwise apply to the launch of a launch vehicle or the operation of a launch site” are omitted as surplus. The words “the head of” are added for consistency in the revised title and with other titles of the United States Code.

Editorial Notes
References in Text

Subsection (b)(2)(D), referred to in subsec. (a)(1), was redesignated subsection (b)(2)(E) by Pub. L. 108–492, § 2(c)(10), Dec. 23, 2004, 118 Stat. 3977.

The date of enactment of the Commercial Space Launch Amendments Act of 2004, referred to in subsec. (b)(4)(B), (6), is the date of enactment of Pub. L. 108–492, which was approved Dec. 23, 2004.

The date of enactment of the SPACE Act of 2015, referred to in subsec. (c)(6), is the date of enactment of title I of Pub. L. 114–90, which was approved Nov. 25, 2015.

Amendments

2024—Subsec. (c)(9). Pub. L. 118–41 substituted “May 11, 2024” for “March 9, 2024”.

2023—Subsec. (c)(9). Pub. L. 118–34 substituted “March 9, 2024” for “January 1, 2024”.

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

2015—Subsec. (a)(2). Pub. L. 114–90, § 112(l)(1), substituted “crew, government astronauts, and space flight participants” for “crews and space flight participants”.

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

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

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

Subsec. (c)(2)(C). Pub. L. 114–90, § 112(l)(3)(B), substituted “to crew, government astronauts, or space flight participants” for “to crew or space flight participants” in cls. (i) and (ii).

Subsec. (c)(3). Pub. L. 114–90, § 111(3), (5), added par. (3) and struck out former par. (3) which read as follows: “Beginning on April 1, 2016, the Secretary may propose regulations under this subsection without regard to paragraph (2)(C) and (D). Any such regulations shall take into consideration the evolving standards of safety in the commercial space flight industry.”

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

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

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

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

2012—Subsec. (c)(3). Pub. L. 112–95 substituted “Beginning on October 1, 2015,” for “Beginning 8 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004,”.

2010—Pub. L. 111–314, § 4(d)(2), (3)(E), successively renumbered section 70105 of title 49 and section 70105 of this title as this section.

Subsec. (b)(5)(A). Pub. L. 111–314, § 4(d)(5)(F), substituted “section 50914(a)(2) and (c)” for “section 70112(a)(2) and (c)”.

2004—Subsec. (a)(1). Pub. L. 108–492, § 2(c)(6)(A), substituted “the Secretary has not taken action on a license application” for “a license is not issued”.

Subsec. (a)(2). Pub. L. 108–492, § 2(c)(6)(B), inserted “(including approval procedures for the purpose of protecting the health and safety of crews and space flight participants, to the extent permitted by subsections (b) and (c))” after “or personnel”.

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

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

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

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

Subsec. (b)(2)(E). Pub. L. 108–492, § 2(c)(10), (11), redesignated subpar. (D) as (E) and inserted “or permit” after “for a license”.

Subsec. (b)(3). Pub. L. 108–492, § 2(c)(12), inserted at end “The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.”

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

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

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

1998—Subsec. (a). Pub. L. 105–303, § 102(a)(6)(B), substituted “accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D)” for “receiving an application” in two places.

Pub. L. 105–303, § 102(a)(6)(A), (C), designated existing provisions as par. (1), inserted “The Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 30 days after any occurrence when a license is not issued within the deadline established by this subsection.” at end of par. (1), and added par. (2).

Subsec. (b)(1). Pub. L. 105–303, § 102(a)(6)(D), inserted “or a reentry site, or the reentry of a reentry vehicle,” after “operation of a launch site”.

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

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

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

Statutory Notes and Related Subsidiaries
Change of Name

Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.