§ 70104. — Restrictions on launches, operations, and reentries.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC70104]
TITLE 49--TRANSPORTATION
SUBTITLE IX--COMMERCIAL SPACE TRANSPORTATION
CHAPTER 701--COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 70104. Restrictions on launches, operations, and reentries
(a) License Requirement.--A license issued or transferred under this
chapter 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
70102(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
70102(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
70102(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.
(b) Compliance With Payload Requirements.--The holder of a license
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.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1332; Pub. L. 105-
303, title I, Sec. 102(a)(5), Oct. 28, 1998, 112 Stat. 2847.)
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, Sec.
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.
Amendments
1998--Pub. L. 105-303, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 70106, 70110 of this title.
