§ 70101. — Findings and purposes.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC70101]
TITLE 49--TRANSPORTATION
SUBTITLE IX--COMMERCIAL SPACE TRANSPORTATION
CHAPTER 701--COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 70101. Findings and purposes
(a) Findings.--Congress finds that--
(1) the peaceful uses of outer space continue to be of great
value and to offer benefits to all mankind;
(2) 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;
(3) new and innovative equipment and services are being sought,
produced, and offered by entrepreneurs in telecommunications,
information services, microgravity research, and remote sensing
technologies;
(4) the private sector in the United States has the capability
of developing and providing private satellite launching, reentry,
and associated services that would complement the launching,
reentry, and associated services now available from the United
States Government;
(5) 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;
(6) 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;
(7) 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;
(8) 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; and
(9) 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.
(b) Purposes.--The purposes of this chapter are--
(1) to promote economic growth and entrepreneurial activity
through use of the space environment for peaceful purposes;
(2) to encourage the United States private sector to provide
launch vehicles, reentry vehicles, and associated services by--
(A) simplifying and expediting the issuance and transfer of
commercial licenses; and
(B) facilitating and encouraging the use of Government-
developed space technology;
(3) to provide that the Secretary of Transportation is to
oversee and coordinate the conduct of commercial launch and reentry
operations, issue 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
(4) 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.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1330; Pub. L. 105-
303, title I, Sec. 102(a)(2), Oct. 28, 1998, 112 Stat. 2846.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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70101(a).............................. 49 App.:2601. Oct. 30, 1984, Pub. L. 98-575, Secs.
2, 3, 98 Stat. 3055; Nov. 16, 1990,
Pub. L. 101-611, Sec. 117(c), (d),
104 Stat. 3202.
70101(b).............................. 49 App.:2602.
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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.
Amendments
1998--Subsec. (a)(3). Pub. L. 105-303, Sec. 102(a)(2)(A), inserted
``microgravity research,'' after ``information services,''.
Subsec. (a)(4). Pub. L. 105-303, Sec. 102(a)(2)(B), inserted ``,
reentry,'' after ``launching'' in two places.
Subsec. (a)(5). Pub. L. 105-303, Sec. 102(a)(2)(C), inserted ``,
reentry vehicles,'' after ``launch vehicles''.
Subsec. (a)(6). Pub. L. 105-303, Sec. 102(a)(2)(D), inserted ``and
reentry services'' after ``launch services''.
Subsec. (a)(7). Pub. L. 105-303, Sec. 102(a)(2)(E), inserted ``,
reentries,'' after ``launches'' in two places.
Subsec. (a)(8). Pub. L. 105-303, Sec. 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, Sec. 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, Sec. 102(a)(2)(J), inserted ``,
reentry vehicles,'' after ``launch vehicles'' in introductory
provisions.
Subsec. (b)(2)(A). Pub. L. 105-303, Sec. 102(a)(2)(K), struck out
``launch'' before ``licenses''.
Subsec. (b)(3). Pub. L. 105-303, Sec. 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, Sec. 102(a)(2)(N), inserted ``and
development of reentry sites,'' after ``launch-site support
facilities,''.
Short Title of 2000 Amendment
Pub. L. 106-405, Sec. 1, Nov. 1, 2000, 114 Stat. 1751, provided
that: ``This Act [amending sections 70113 and 70119 of this title and
enacting provisions set out as notes under this section and sections
70112 and 70113 of this title and section 2281 of Title 10, Armed
Forces] may be cited as the `Commercial Space Transportation
Competitiveness Act of 2000'.''
Findings
Pub. L. 106-405, Sec. 2, Nov. 1, 2000, 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 chapter 701 of title 49, United States
Code (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 Short
Title of 2000 Amendment note above];
``(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.''
