Title 51 — National and Commercial Space Programs
Chapter 509 — Commercial Space Launch Activities
§ 50901. Findings and purposes
Statutory text
Findings.—
Congress finds that—
the peaceful uses of outer space continue to be of great value and to offer benefits to all mankind;
private applications of space technology have achieved a significant level of commercial and economic activity and offer the potential for growth in the future, particularly in the United States;
new and innovative equipment and services are being sought, produced, and offered by entrepreneurs in telecommunications, information services, microgravity research, human space flight, and remote sensing technologies;
the private sector in the United States has the capability of developing and providing private launching, reentry, and associated services that would complement the launching, reentry, and associated capabilities of the United States Government;
the development of commercial launch vehicles, reentry vehicles, and associated services would enable the United States to retain its competitive position internationally, contributing to the national interest and economic well-being of the United States;
providing launch services and reentry services by the private sector is consistent with the national security and foreign policy interests of the United States and would be facilitated by stable, minimal, and appropriate regulatory guidelines that are fairly and expeditiously applied;
the United States should encourage private sector launches, reentries, and associated services and, only to the extent necessary, regulate those launches, reentries, and services to ensure compliance with international obligations of the United States and to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;
space transportation, including the establishment and operation of launch sites, reentry sites, and complementary facilities, the providing of launch services and reentry services, the establishment of support facilities, and the providing of support services, is an important element of the transportation system of the United States, and in connection with the commerce of the United States there is a need to develop a strong space transportation infrastructure with significant private sector involvement;
the participation of State governments in encouraging and facilitating private sector involvement in space-related activity, particularly through the establishment of a space transportation-related infrastructure, including launch sites, reentry sites, complementary facilities, and launch site and reentry site support facilities, is in the national interest and is of significant public benefit;
the goal of safely opening space to the American people and their private commercial, scientific, and cultural enterprises should guide Federal space investments, policies, and regulations;
private industry has begun to develop commercial launch vehicles capable of carrying human beings into space and greater private investment in these efforts will stimulate the Nation’s commercial space transportation industry as a whole;
space transportation is inherently risky, and the future of the commercial human space flight industry will depend on its ability to continually improve its safety performance;
a critical area of responsibility for the Department of Transportation is to regulate the operations and safety of the emerging commercial human space flight industry;
the public interest is served by creating a clear legal, regulatory, and safety regime for commercial human space flight; and
the regulatory standards governing human space flight must evolve as the industry matures so that regulations neither stifle technology development nor expose crew, government astronauts, or space flight participants to avoidable risks as the public comes to expect greater safety for crew, government astronauts, and space flight participants from the industry.
Purposes.—
The purposes of this chapter are—
to promote economic growth and entrepreneurial activity through use of the space environment for peaceful purposes;
to encourage the United States private sector to provide launch vehicles, reentry vehicles, and associated services by—
simplifying and expediting the issuance and transfer of commercial licenses;
facilitating and encouraging the use of Government-developed space technology; and
promoting the continuous improvement of the safety of launch vehicles designed to carry humans, including through the issuance of regulations, to the extent permitted by this chapter;
to provide that the Secretary of Transportation is to oversee and coordinate the conduct of commercial launch and reentry operations, issue permits and commercial licenses and transfer commercial licenses authorizing those operations, and protect the public health and safety, safety of property, and national security and foreign policy interests of the United States; and
to facilitate the strengthening and expansion of the United States space transportation infrastructure, including the enhancement of United States launch sites and launch-site support facilities, and development of reentry sites, with Government, State, and private sector involvement, to support the full range of United States space-related activities.
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.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 51 U.S.C. § 50901
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1330, § 70101 of title 49
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1330, § 70101 of title 49Enacted 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:Pub. L. 105–303 § 102(a)(2)(A) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50901(a)(3)
Pub. L. 105–303, § 102(a)(2)(A), inserted “microgravity research,” after “information services,”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 105–303, § 102(a)(2)(A), inserted “microgravity research,” after “information services,”.Enacted provision · exact public law section
(A) by inserting “microgravity research,” after “information services,” in subsection (a)(3);Pub. L. 105–303 § 102(a)(2)(B) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50901(a)(4)
Pub. L. 105–303, § 102(a)(2)(B), inserted “, reentry,” after “launching” in two places
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 105–303, § 102(a)(2)(B), inserted “, reentry,” after “launching” in two places.Enacted provision · exact public law section
(B) by inserting “, reentry,” after “launching” both places it appears in subsection (a)(4);Pub. L. 105–303 § 102(a)(2)(C) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50901(a)(5)
Pub. L. 105–303, § 102(a)(2)(C), inserted “, reentry vehicles,” after “launch vehicles”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 105–303, § 102(a)(2)(C), inserted “, reentry vehicles,” after “launch vehicles”.Enacted provision · exact public law section
(C) by inserting “, reentry vehicles,” after “launch vehicles” in subsection (a)(5);Pub. L. 105–303 § 102(a)(2)(D) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50901(a)(6)
Pub. L. 105–303, § 102(a)(2)(D), inserted “and reentry services” after “launch services”
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 105–303, § 102(a)(2)(D), inserted “and reentry services” after “launch services”.Enacted provision · exact public law section
(D) by inserting “and reentry services” after “launch services” in subsection (a)(6);Pub. L. 105–303 § 102(a)(2)(E) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50901(a)(7)
Pub. L. 105–303, § 102(a)(2)(E), inserted “, reentries,” after “launches” in two places
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 105–303, § 102(a)(2)(E), inserted “, reentries,” after “launches” in two places.Enacted provision · exact public law section
(E) by inserting “, reentries,” after “launches” both places it appears in subsection (a)(7);Pub. L. 105–303 § 102(a)(2)(F) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50901(a)(8)
Pub. L. 105–303, § 102(a)(2)(F), (G), inserted “, reentry sites,” after “launch sites” and “and reentry services” after “launch services”
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 105–303, § 102(a)(2)(F), (G), inserted “, reentry sites,” after “launch sites” and “and reentry services” after “launch services”.Enacted provision · exact public law section
(F) by inserting “, reentry sites,” after “launch sites” in subsection (a)(8);Pub. L. 105–303 § 102(a)(2)(H) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50901(a)(9)
Pub. L. 105–303, § 102(a)(2)(H), (I), inserted “reentry sites,” after “launch sites,” and “and reentry site” after “launch site”
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 105–303, § 102(a)(2)(H), (I), inserted “reentry sites,” after “launch sites,” and “and reentry site” after “launch site”.Enacted provision · exact public law section
(H) by inserting “reentry sites,” after “launch sites,” in subsection (a)(9);Pub. L. 105–303 § 102(a)(2)(J) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50901(b)(2)
Pub. L. 105–303, § 102(a)(2)(J), inserted “, reentry vehicles,” after “launch vehicles” in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 105–303, § 102(a)(2)(J), inserted “, reentry vehicles,” after “launch vehicles” in introductory provisions.Enacted provision · exact public law section
(J) by inserting “, reentry vehicles,” after “launch vehicles” in subsection (b)(2);Pub. L. 105–303 § 102(a)(2)(K) · 112 Stat. 2843
Struck · 51 U.S.C. § 50901(b)(2)(A)
Pub. L. 105–303, § 102(a)(2)(K), struck out “launch” before “licenses”
Source evidence
Code amendment note
Subsec. (b)(2)(A). Pub. L. 105–303, § 102(a)(2)(K), struck out “launch” before “licenses”.Enacted provision · exact public law section
(K) by striking “launch” in subsection (b)(2)(A);Pub. L. 105–303 § 102(a)(2)(L) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50901(b)(3)
Pub. L. 105–303, § 102(a)(2)(L), (M), inserted “and reentry” after “conduct of commercial launch”
Struck · 51 U.S.C. § 50901(b)(3)
Pub. L. 105–303, § 102(a)(2)(L), (M), struck out “launch” before “licenses”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 105–303, § 102(a)(2)(L), (M), inserted “and reentry” after “conduct of commercial launch” and struck out “launch” before “licenses”.Enacted provision · exact public law section
(L) by inserting “and reentry” after “conduct of commercial launch” in subsection (b)(3);Pub. L. 105–303 § 102(a)(2)(N) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50901(b)(4)
Pub. L. 105–303, § 102(a)(2)(N), inserted “and development of reentry sites,” after “launch-site support facilities,”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 105–303, § 102(a)(2)(N), inserted “and development of reentry sites,” after “launch-site support facilities,”.Enacted provision · exact public law section
(N) by inserting “and development of reentry sites,” after “launch-site support facilities,” in subsection (b)(4);Commercial Space Launch Amendments Act of 2004
Pub. L. 108–492 § 2(a)(1) · 118 Stat. 3974
Inserted · 51 U.S.C. § 50901(a)(3)
Pub. L. 108–492, § 2(a)(1), inserted “human space flight,” after “microgravity research,”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 108–492, § 2(a)(1), inserted “human space flight,” after “microgravity research,”.Enacted provision · exact public law section
(1) in subsection (a)(3), by inserting “human space flight,” after “microgravity research,”;Commercial Space Launch Amendments Act of 2004
Pub. L. 108–492 § 2(a)(2) · 118 Stat. 3974
Struck · 51 U.S.C. § 50901(a)(4)
Pub. L. 108–492, § 2(a)(2), struck out “satellite” after “providing private”
Substituted · 51 U.S.C. § 50901(a)(4)
Pub. L. 108–492, § 2(a)(2), substituted “capabilities of” for “services now available from”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 108–492, § 2(a)(2), struck out “satellite” after “providing private” and substituted “capabilities of” for “services now available from”.Enacted provision · exact public law section
(2) in subsection (a)(4)— (A) by striking “satellite”; and (B) by striking “services now available from” and inserting “capabilities of”;Commercial Space Launch Amendments Act of 2004
Pub. L. 108–492 § 2(a)(3) · 118 Stat. 3974
Added · 51 U.S.C. § 50901(a)(10)(15)
Pub. L. 108–492, § 2(a)(3)–(5), added pars. (10) to (15)
Source evidence
Code amendment note
Subsec. (a)(10) to (15). Pub. L. 108–492, § 2(a)(3)–(5), added pars. (10) to (15).Enacted provision · exact public law section
(3) in subsection (a)(8), by striking “and” at the end;Commercial Space Launch Amendments Act of 2004
Pub. L. 108–492 § 2(a)(6) · 118 Stat. 3974
Added · 51 U.S.C. § 50901(b)(2)(C)
Pub. L. 108–492, § 2(a)(6), added subpar. (C)
Source evidence
Code amendment note
Subsec. (b)(2)(C). Pub. L. 108–492, § 2(a)(6), added subpar. (C).Enacted provision · exact public law section
(6) in subsection (b)(2)— (A) by striking “and” at the end of subparagraph (A); (B) by inserting “and” after the semicolon in subparagraph (B); and (C) by adding at the end the following new subparagraph: “(C) promoting the continuous improvement of the safety of launch vehicles designed to carry humans, including through the issuance of regulations, to the extent permitted by this chapter;” ; andCommercial Space Launch Amendments Act of 2004
Pub. L. 108–492 § 2(a)(7) · 118 Stat. 3974
Substituted · 51 U.S.C. § 50901(b)(3)
Pub. L. 108–492, § 2(a)(7), substituted “issue permits and commercial licenses and transfer” for “issue and transfer”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 108–492, § 2(a)(7), substituted “issue permits and commercial licenses and transfer” for “issue and transfer”.Enacted provision · exact public law section
(7) in subsection (b)(3), by striking “issue and transfer” and inserting “issue permits and commercial licenses and transfer”.Pub. L. 111–314 § 4(d)(2) · 124 Stat. 3328
Changed · 51 U.S.C. § 50901
Pub. L. 111–314 successively renumbered section 70101 of title 49 and section 70101 of this title as this section
Source evidence
Code amendment note
Pub. L. 111–314 successively renumbered section 70101 of title 49 and section 70101 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.Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015
Pub. L. 114–90 title I § 112(a) · 129 Stat. 704
Inserted · 51 U.S.C. § 50901(a)(15)
Pub. L. 114–90, which directed amendment of section “50901(15)” by inserting “, government astronauts,” after “crew” wherever appearing, was executed by making the insertion in subsec. (a)(15) in two places, to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (a)(15). Pub. L. 114–90, which directed amendment of section “50901(15)” by inserting “, government astronauts,” after “crew” wherever appearing, was executed by making the insertion in subsec. (a)(15) in two places, to reflect the probable intent of Congress.Enacted provision · exact public law section
(a) Findings and Purpose.— Section 50901(15) is amended by inserting “, government astronauts,” after “crew” each place it appears.
21 of 21 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 70101(a) | 49 App.:2601. | Oct. 30, 1984, Pub. L. 98–575, §§ 2, 3, 98 Stat. 3055; Nov. 16, 1990, Pub. L. 101–611, § 117(c), (d), 104 Stat. 3202. |
| 70101(b) | 49 App.:2602. | |
In subsection (a), before clause (1), the words “and declares” are omitted as surplus.
In subsection (b), before clause (1), the word “therefore” is omitted as surplus.
Editorial Notes
Amendments1998–2015 · 4 rounds
2015
Subsec. (a)(15). Pub. L. 114–90, which directed amendment of section “50901(15)” by inserting “, government astronauts,” after “crew” wherever appearing, was executed by making the insertion in subsec. (a)(15) in two places, to reflect the probable intent of Congress.
2010
Pub. L. 111–314 successively renumbered section 70101 of title 49 and section 70101 of this title as this section.
2004
Subsec. (a)(3). Pub. L. 108–492, § 2(a)(1), inserted “human space flight,” after “microgravity research,”.
Subsec. (a)(4). Pub. L. 108–492, § 2(a)(2), struck out “satellite” after “providing private” and substituted “capabilities of” for “services now available from”.
Subsec. (a)(10) to (15). Pub. L. 108–492, § 2(a)(3)–(5), added pars. (10) to (15).
Subsec. (b)(2)(C). Pub. L. 108–492, § 2(a)(6), added subpar. (C).
Subsec. (b)(3). Pub. L. 108–492, § 2(a)(7), substituted “issue permits and commercial licenses and transfer” for “issue and transfer”.
1998
Subsec. (a)(3). Pub. L. 105–303, § 102(a)(2)(A), inserted “microgravity research,” after “information services,”.
Subsec. (a)(4). Pub. L. 105–303, § 102(a)(2)(B), inserted “, reentry,” after “launching” in two places.
Subsec. (a)(5). Pub. L. 105–303, § 102(a)(2)(C), inserted “, reentry vehicles,” after “launch vehicles”.
Subsec. (a)(6). Pub. L. 105–303, § 102(a)(2)(D), inserted “and reentry services” after “launch services”.
Subsec. (a)(7). Pub. L. 105–303, § 102(a)(2)(E), inserted “, reentries,” after “launches” in two places.
Subsec. (a)(8). Pub. L. 105–303, § 102(a)(2)(F), (G), inserted “, reentry sites,” after “launch sites” and “and reentry services” after “launch services”.
Subsec. (a)(9). Pub. L. 105–303, § 102(a)(2)(H), (I), inserted “reentry sites,” after “launch sites,” and “and reentry site” after “launch site”.
Subsec. (b)(2). Pub. L. 105–303, § 102(a)(2)(J), inserted “, reentry vehicles,” after “launch vehicles” in introductory provisions.
Subsec. (b)(2)(A). Pub. L. 105–303, § 102(a)(2)(K), struck out “launch” before “licenses”.
Subsec. (b)(3). Pub. L. 105–303, § 102(a)(2)(L), (M), inserted “and reentry” after “conduct of commercial launch” and struck out “launch” before “licenses”.
Subsec. (b)(4). Pub. L. 105–303, § 102(a)(2)(N), inserted “and development of reentry sites,” after “launch-site support facilities,”.
Statutory Notes and Related Subsidiaries
Findings
Pub. L. 106–405, § 2, , 114 Stat. 1751, provided that:
“The Congress finds that—
“(1) a robust United States space transportation industry is vital to the Nation’s economic well-being and national security;
“(2) enactment of a 5-year extension of the excess third party claims payment provision of [former] chapter 701 of title 49, United States Code [now 51 U.S.C. 50901 et seq.] (Commercial Space Launch Activities), will have a beneficial impact on the international competitiveness of the United States space transportation industry;
“(3) space transportation may evolve into airplane-style operations;
“(4) during the next 3 years the Federal Government and the private sector should analyze the liability risk-sharing regime to determine its appropriateness and effectiveness, and, if needed, develop and propose a new regime to Congress at least 2 years prior to the expiration of the extension contained in this Act [see Tables for classification];
“(5) the areas of responsibility of the Office of the Associate Administrator for Commercial Space Transportation have significantly increased as a result of—
“(A) the rapidly expanding commercial space transportation industry and associated government licensing requirements;
“(B) regulatory activity as a result of the emerging commercial reusable launch vehicle industry; and
“(C) the increased regulatory activity associated with commercial operation of launch and reentry sites; and
“(6) the Office of the Associate Administrator for Commercial Space Transportation should continue to limit its promotional activities to those which support its regulatory mission.”
Credits
1994–2015 · 5 acts
- 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1330, § 70101 of title 49
- 1998Pub. L. 105–303, title I, § 102(a)(2), , 112 Stat. 2846
- 2004Pub. L. 108–492, § 2(a), , 118 Stat. 3974
- 2010renumbered § 70101 then § 50901 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(A), , 124 Stat. 3440
- 2015Pub. L. 114–90, title I, § 112(a), , 129 Stat. 711.
Show as published
(Pub. L. 103–272, § 1(e), , 108 Stat. 1330, § 70101 of title 49; Pub. L. 105–303, title I, § 102(a)(2), , 112 Stat. 2846; Pub. L. 108–492, § 2(a), , 118 Stat. 3974; renumbered § 70101 then § 50901 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(A), , 124 Stat. 3440; Pub. L. 114–90, title I, § 112(a), , 129 Stat. 711.)