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Title 51 — National and Commercial Space Programs

Chapter 509 — Commercial Space Launch Activities

§ 50904. Restrictions on launches, operations, and reentries

Statutory text

(a)

Requirement.—

A license issued or transferred under this chapter, or a permit, is required for the following:

(1)

for a person to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, in the United States.

(2)

for a citizen of the United States (as defined in section 50902(1)(A) or (B) of this title) to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, outside the United States.

(3)

for a citizen of the United States (as defined in section 50902(1)(C) of this title) to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, outside the United States and outside the territory of a foreign country unless there is an agreement between the United States Government and the government of the foreign country providing that the government of the foreign country has jurisdiction over the launch or operation or reentry.

(4)

for a citizen of the United States (as defined in section 50902(1)(C) of this title) to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, in the territory of a foreign country if there is an agreement between the United States Government and the government of the foreign country providing that the United States Government has jurisdiction over the launch or operation or reentry.

Notwithstanding this subsection, a permit shall not authorize a person to operate a launch site or reentry site.

(b)

Compliance With Payload Requirements.—

The holder of a license or permit under this chapter may launch or reenter a payload only if the payload complies with all requirements of the laws of the United States related to launching or reentering a payload.

(c)

Preventing Launches and Reentries.—

The Secretary of Transportation shall establish whether all required licenses, authorizations, and permits required for a payload have been obtained. If no license, authorization, or permit is required, the Secretary may prevent the launch or reentry if the Secretary decides the launch or reentry would jeopardize the public health and safety, safety of property, or national security or foreign policy interest of the United States.

(d)

Single License or Permit.—

The Secretary of Transportation shall ensure that only 1 license or permit is required from the Department of Transportation to conduct activities involving crew, government astronauts, or space flight participants, including launch and reentry, for which a license or permit is required under this chapter. The Secretary shall ensure that all Department of Transportation regulations relevant to the licensed or permitted activity are satisfied.

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

    Enacted · 51 U.S.C. § 50904

    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1332, § 70104 of title 49

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1332, § 70104 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. Pub. L. 105–303 § 102(a)(5)(A) · 112 Stat. 2843

    Substituted · 51 U.S.C. § 50904

    Pub. L. 105–303, § 102(a)(5)(A), substituted “Restrictions on launches, operations, and reentries” for “Restrictions on launches and operations” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 105–303, § 102(a)(5)(A), substituted “Restrictions on launches, operations, and reentries” for “Restrictions on launches and operations” in section catchline.

    Enacted provision · exact public law section
    (A) by amending the section designation and heading to read as follows: “§70104. Restrictions on launches, operations, and reentries”;

  3. Pub. L. 105–303 § 102(a)(5)(B) · 112 Stat. 2843

    Inserted · 51 U.S.C. § 50904(a)(1); 51 U.S.C. § 50904(a)(2)

    Pub. L. 105–303, § 102(a)(5)(B), inserted “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site”

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2). Pub. L. 105–303, § 102(a)(5)(B), inserted “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site”.

    Enacted provision · exact public law section
    (B) by inserting “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site” each place it appears in subsection (a);

  4. Pub. L. 105–303 § 102(a)(5)(B) · 112 Stat. 2843

    Inserted · 51 U.S.C. § 50904(a)(3); 51 U.S.C. § 50904(a)(4)

    Pub. L. 105–303, § 102(a)(5)(B), (C), inserted “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site” and “or reentry” after “launch or operation”

    Source evidence

    Code amendment note
    Subsec. (a)(3), (4). Pub. L. 105–303, § 102(a)(5)(B), (C), inserted “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site” and “or reentry” after “launch or operation”.

    Enacted provision · exact public law section
    (B) by inserting “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site” each place it appears in subsection (a);

  5. Pub. L. 105–303 § 102(a)(5)(D) · 112 Stat. 2843

    Struck and inserted · 51 U.S.C. § 50904(b)

    Pub. L. 105–303, § 102(a)(5)(D), struck out “launch” before “license” and inserted “or reenter” after “may launch” and “or reentering” after “related to launching”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–303, § 102(a)(5)(D), struck out “launch” before “license” and inserted “or reenter” after “may launch” and “or reentering” after “related to launching”.

    Enacted provision · exact public law section
    (D) in subsection (b)— (i) by striking “launch license” and inserting in lieu thereof “license”; (ii) by inserting “or reenter” after “may launch”; and (iii) by inserting “or reentering” after “related to launching”; and

  6. Pub. L. 105–303 § 102(a)(5)(E) · 112 Stat. 2843

    1. Substituted · 51 U.S.C. § 50904(c)

      Pub. L. 105–303, § 102(a)(5)(E), substituted “Preventing Launches and Reentries” for “Preventing Launches” in heading

    2. Inserted · 51 U.S.C. § 50904(c)

      Pub. L. 105–303, § 102(a)(5)(E), inserted “or reentry” after “prevent the launch” and after “decides the launch” in second sentence

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–303, § 102(a)(5)(E), substituted “Preventing Launches and Reentries” for “Preventing Launches” in heading and inserted “or reentry” after “prevent the launch” and after “decides the launch” in second sentence.

    Enacted provision · exact public law section
    (E) in subsection (c)— (i) by amending the subsection heading to read as follows: “Preventing Launches and Reentries.—”; (ii) by inserting “or reentry” after “prevent the launch”; and (iii) by inserting “or reentry” after “decides the launch”;

  7. Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(3) · 118 Stat. 3974

    1. Substituted · 51 U.S.C. § 50904(a)

      Pub. L. 108–492, § 2(c)(3), substituted “Requirement” for “License Requirement” in introductory provisions

    2. Substituted · 51 U.S.C. § 50904(a)

      Pub. L. 108–492, § 2(c)(3), substituted “A license issued or transferred under this chapter, or a permit,” for “A license issued or transferred under this chapter” in introductory provisions

    3. Inserted · 51 U.S.C. § 50904(a)

      Pub. L. 108–492, § 2(c)(3), inserted concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–492, § 2(c)(3), substituted “Requirement” for “License Requirement” in heading and “A license issued or transferred under this chapter, or a permit,” for “A license issued or transferred under this chapter” in introductory provisions and inserted concluding provisions.

    Enacted provision · exact public law section
    (3) Section 70104(a) of title 49, United States Code, is amended— (A) by striking “License Requirement.—A license issued or transferred under this chapter” and inserting “Requirement.—A license issued or transferred under this chapter, or a permit,”; and (B) by inserting after paragraph (4) the following: “Notwithstanding this subsection, a permit shall not authorize a person to operate a launch site or reentry site.”.

  8. Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(4) · 118 Stat. 3974

    Inserted · 51 U.S.C. § 50904(b)

    Pub. L. 108–492, § 2(c)(4), inserted “or permit” after “holder of a license”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–492, § 2(c)(4), inserted “or permit” after “holder of a license”.

    Enacted provision · exact public law section
    (4) Section 70104(b) of title 49, United States Code, is amended by inserting “or permit” after “holder of a license”.

  9. Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(5) · 118 Stat. 3974

    Added · 51 U.S.C. § 50904(d)

    Pub. L. 108–492, § 2(c)(5), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–492, § 2(c)(5), added subsec. (d).

    Enacted provision · exact public law section
    (5) Section 70104 of title 49, United States Code, is amended by adding at the end the following new subsection: “(d) Single License or Permit.— The Secretary of Transportation shall ensure that only 1 license or permit is required from the Department of Transportation to conduct activities involving crew or space flight participants, including launch and reentry, for which a license or permit is required under this chapter. The Secretary shall ensure that all Department of Transportation regulations relevant to the licensed or permitted activity are satisfied.” .

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

    Changed · 51 U.S.C. § 50904

    Pub. L. 111–314, § 4(d)(2), (3)(D), successively renumbered section 70104 of title 49 and section 70104 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 111–314, § 4(d)(2), (3)(D), successively renumbered section 70104 of title 49 and section 70104 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.

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

    Substituted · 51 U.S.C. § 50904(a)(2)

    Pub. L. 111–314, § 4(d)(5)(C), substituted “section 50902(1)(A) or (B)” for “section 70102(1)(A) or (B)”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(C), substituted “section 50902(1)(A) or (B)” for “section 70102(1)(A) or (B)”.

    Enacted provision · exact public law section
    (C) Section 50904(a)(2) of title 51, United States Code, as renumbered by paragraph (3), is amended by striking “section 70102(1)(A) or (B)” and substituting “section 50902(1)(A) or (B)”.

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

    Substituted · 51 U.S.C. § 50904(a)(3)

    Pub. L. 111–314, § 4(d)(5)(D), substituted “section 50902(1)(C)” for “section 70102(1)(C)”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 111–314, § 4(d)(5)(D), substituted “section 50902(1)(C)” for “section 70102(1)(C)”.

    Enacted provision · exact public law section
    (D) Section 50904(a)(3) of title 51, United States Code, as renumbered by paragraph (3), is amended by striking “section 70102(1)(C)” and substituting “section 50902(1)(C)”.

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

    Substituted · 51 U.S.C. § 50904(a)(4)

    Pub. L. 111–314, § 4(d)(5)(E), substituted “section 50902(1)(C)” for “section 70102(1)(C)”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 111–314, § 4(d)(5)(E), substituted “section 50902(1)(C)” for “section 70102(1)(C)”.

    Enacted provision · exact public law section
    (E) Section 50904(a)(4) of title 51, United States Code, as renumbered by paragraph (3), is amended by striking “section 70102(1)(C)” and substituting “section 50902(1)(C)”.

  14. Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 title I § 112(k) · 129 Stat. 704

    Substituted · 51 U.S.C. § 50904(d)

    Pub. L. 114–90 substituted “activities involving crew, government astronauts, or space flight participants” for “activities involving crew or space flight participants”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–90 substituted “activities involving crew, government astronauts, or space flight participants” for “activities involving crew or space flight participants”.

    Enacted provision · exact public law section
    (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”.

17 of 17 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
70104(a)49 App.:2605(a).Oct. 30, 1984, Pub. L. 98–575, § 6(a), (b), 98 Stat. 3057.
70104(b)49 App.:2605(b)(1) (1st sentence).
70104(c)49 App.:2605(b)(1) (last sentence), (2).

In subsection (a)(2)–(4), the cross-reference is to section 70102(1) of the revised title (restating 49 App.:2603(12)) rather than to section 70102(11) (restating 49 App.:2603(11)) to correct a mistake. Section 3(2) of the Commercial Space Launch Act Amendments of 1988 (Public Law 100–657, 102 Stat. 3900) redesignated 49 App.:2603(11) as 49 App.:2603(12) but did not amend the cross-reference in 49 App.:2605(a).

In subsection (a)(3) and (4), the words “the government of” are added for consistency in the revised title and with other titles of the United States Code. The words “in force” are omitted as surplus.

In subsection (a)(3), the words “at any place which is both” are omitted as surplus.

In subsection (a)(4), the text of 49 App.:2605(a)(3)(B)(i) is omitted as surplus.

In subsection (c), the words “by Federal law”, “which is to be launched”, “by any Federal law”, “take such action under this chapter as the Secretary deems necessary to”, and “of a payload by a holder of a launch license under this chapter” are omitted as surplus.

Editorial Notes

Amendments1998–2015 · 4 rounds

2015

Subsec. (d). Pub. L. 114–90 substituted “activities involving crew, government astronauts, or space flight participants” for “activities involving crew or space flight participants”.

2010

Pub. L. 111–314, § 4(d)(2), (3)(D), successively renumbered section 70104 of title 49 and section 70104 of this title as this section.

Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(C), substituted “section 50902(1)(A) or (B)” for “section 70102(1)(A) or (B)”.

Subsec. (a)(3). Pub. L. 111–314, § 4(d)(5)(D), substituted “section 50902(1)(C)” for “section 70102(1)(C)”.

Subsec. (a)(4). Pub. L. 111–314, § 4(d)(5)(E), substituted “section 50902(1)(C)” for “section 70102(1)(C)”.

2004

Subsec. (a). Pub. L. 108–492, § 2(c)(3), substituted “Requirement” for “License Requirement” in heading and “A license issued or transferred under this chapter, or a permit,” for “A license issued or transferred under this chapter” in introductory provisions and inserted concluding provisions.

Subsec. (b). Pub. L. 108–492, § 2(c)(4), inserted “or permit” after “holder of a license”.

Subsec. (d). Pub. L. 108–492, § 2(c)(5), added subsec. (d).

1998

Pub. L. 105–303, § 102(a)(5)(A), substituted “Restrictions on launches, operations, and reentries” for “Restrictions on launches and operations” in section catchline.

Subsec. (a)(1), (2). Pub. L. 105–303, § 102(a)(5)(B), inserted “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site”.

Subsec. (a)(3), (4). Pub. L. 105–303, § 102(a)(5)(B), (C), inserted “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site” and “or reentry” after “launch or operation”.

Subsec. (b). Pub. L. 105–303, § 102(a)(5)(D), struck out “launch” before “license” and inserted “or reenter” after “may launch” and “or reentering” after “related to launching”.

Subsec. (c). Pub. L. 105–303, § 102(a)(5)(E), substituted “Preventing Launches and Reentries” for “Preventing Launches” in heading and inserted “or reentry” after “prevent the launch” and after “decides the launch” in second sentence.

Credits

1994–2015 · 5 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1332, § 70104 of title 49
  2. 1998Pub. L. 105–303, title I, § 102(a)(5), , 112 Stat. 2847
  3. 2004Pub. L. 108–492, § 2(c)(3)–(5), , 118 Stat. 3976
  4. 2010renumbered § 70104 then § 50904 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (3)(D), (5)(C)–(E), , 124 Stat. 3440, 3441
  5. 2015Pub. L. 114–90, title I, § 112(k), , 129 Stat. 713.
Show as published

(Pub. L. 103–272, § 1(e), , 108 Stat. 1332, § 70104 of title 49; Pub. L. 105–303, title I, § 102(a)(5), , 112 Stat. 2847; Pub. L. 108–492, § 2(c)(3)–(5), , 118 Stat. 3976; renumbered § 70104 then § 50904 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (3)(D), (5)(C)–(E), , 124 Stat. 3440, 3441; Pub. L. 114–90, title I, § 112(k), , 129 Stat. 713.)

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