51 U.S.C. § 50904

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 50904 - Restrictions on launches, operations, and reentries

(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.

51 U.S.C. § 50904

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1332, §70104 of title 49; Pub. L. 105-303, title I, §102(a)(5), Oct. 28, 1998, 112 Stat. 2847; Pub. L. 108-492, §2(c)(3)-(5), Dec. 23, 2004, 118 Stat. 3976; renumbered §70104 then §50904 of title 51 and amended Pub. L. 111-314, §4(d)(2), (3)(D), (5)(C)-(E), Dec. 18, 2010, 124 Stat. 3440, 3441; Pub. L. 114-90, title I, §112(k), Nov. 25, 2015, 129 Stat. 713.

HISTORICAL AND REVISION NOTES
Revised Section	Source (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

AMENDMENTS2015-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.

United States: "United States" means the States of the United States, the District of Columbia, and the territories and possessions of the United States.
citizen of the United States: "citizen of the United States" means-(A) an individual who is a citizen of the United States;(B) an entity organized or existing under the laws of the United States or a State; or(C) an entity organized or existing under the laws of a foreign country if the controlling interest (as defined by the Secretary of Transportation) is held by an individual or entity described in subclause (A) or (B) of this clause.
crew: "crew" means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings.
launch site: "launch site" means the location on Earth from which a launch takes place (as defined in a license the Secretary issues or transfers under this chapter) and necessary facilities at that location.
launch vehicle: "launch vehicle" means-(A) a vehicle built to operate in, or place a payload or human beings in, outer space; and(B) a suborbital rocket.
launch: "launch" means to place or try to place a launch vehicle or reentry vehicle and any payload or human being from Earth-(A) in a suborbital trajectory;(B) in Earth orbit in outer space; or(C) otherwise in outer space,including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States.
payload: "payload" means an object that a person undertakes to place in outer space by means of a launch vehicle or reentry vehicle, including components of the vehicle specifically designed or adapted for that object.
person: "person" means an individual and an entity organized or existing under the laws of a State or country.
reenter: "reenter" and "reentry" mean to return or attempt to return, purposefully, a reentry vehicle and its payload or human beings, if any, from Earth orbit or from outer space to Earth.
reentry: "reenter" and "reentry" mean to return or attempt to return, purposefully, a reentry vehicle and its payload or human beings, if any, from Earth orbit or from outer space to Earth.
reentry site: "reentry site" means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter).
reentry vehicle: "reentry vehicle" means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially intact.