118 STAT. 3977 PUBLIC LAW 108–492—DEC. 23, 2004 (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’’. (7) Section 70105(b)(1) of title 49, United States Code, is amended by inserting ‘‘or permit’’ after ‘‘for a license’’. (8) Section 70105(b)(2)(B) of title 49, United States Code, is amended by striking ‘‘an additional requirement necessary to pro- tect’’ and inserting ‘‘any additional requirement necessary to pro- tect’’. (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. (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 subpara- graph: ‘‘(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’’. (11) Section 70105(b)(2)(E) of title 49, United States Code, as so redesignated by paragraph (11) of this subsection, is amended by inserting ‘‘or permit’’ after ‘‘for a license’’. (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.’’. (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 Sec- retary; ‘‘(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 indi- vidual (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 Govern- ment has not certified the launch vehicle as safe for car- rying 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 VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00511 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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