Title 51National and Commercial Space ProgramsRelease 119-73

§50904 Restrictions on launches, operations, and reentries

Title 51 › Subtitle Subtitle V— - Programs Targeting Commercial Opportunities › Chapter CHAPTER 509— - COMMERCIAL SPACE LAUNCH ACTIVITIES › § 50904

Last updated Apr 6, 2026|Official source

Summary

You must have a license or permit to launch a rocket, run a launch or reentry site, or bring a reentry vehicle back. That rule applies inside the United States. It also applies to U.S. citizens named in 50902(1)(A) or (B) when they do those things outside the United States. U.S. citizens named in 50902(1)(C) need a license for launches or reentries outside the United States and outside a foreign country unless the U.S. has agreed the foreign government has control. They also need a license for activity inside a foreign country if an agreement says the U.S. has control. A license holder may only launch or reenter a payload that follows all U.S. laws about payloads. The Secretary of Transportation must check that all needed licenses, authorizations, and permits are in place. If no license is required, the Secretary can still stop a launch or reentry if it would risk public health, property, national security, or U.S. foreign policy. The Department of Transportation must require only one DOT license or permit for activities with crew, government astronauts, or space flight participants and must make sure all DOT rules for that activity are met.

Full Legal Text

Title 51, §50904

National and Commercial Space Programs — Source: USLM XML via OLRC

(a)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.
(b)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)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)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

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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

Amendments

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.

Reference

Citations & Metadata

Citation

51 U.S.C. § 50904

Title 51National and Commercial Space Programs

Last Updated

Apr 6, 2026

Release point: 119-73