Title 51National and Commercial Space ProgramsRelease 119-73

§70103 Commercial payloads on space launch system

Title 51 › Subtitle Subtitle VII— - Access to Space › Chapter CHAPTER 701— - USE OF SPACE LAUNCH SYSTEM OR ALTERNATIVES › § 70103

Last updated Apr 6, 2026|Official source

Summary

Commercial payloads cannot be accepted as the primary payload on the space launch system unless the Administrator decides one of two things: the payload needs the space launch system’s unique capabilities, or launching it on that system is important for national security or for foreign policy. Launch vehicle — a craft built to operate in, or place something into, outer space. Payload — an object someone plans to send into space on a launch vehicle, including parts of the launch vehicle made for that object.

Full Legal Text

Title 51, §70103

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

(a)In this section:
(1)The term “launch vehicle” means any vehicle constructed for the purpose of operating in, or placing a payload in, outer space.
(2)The term “payload” means an object which a person undertakes to place in outer space by means of a launch vehicle, and includes subcomponents of the launch vehicle specifically designed or adapted for that object.
(b)Commercial payloads may not be accepted for launch as primary payloads on the space launch system unless the Administrator determines that—
(1)the payload requires the unique capabilities of the space launch system; or
(2)launching of the payload on the space launch system is important for either national security or foreign policy purposes.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 70103(a)42 U.S.C. 2465c.Pub. L. 101–611, title II, § 203, Nov. 16, 1990, 104 Stat. 3206; Pub. L. 105–303, title II, § 203(2), Oct. 28, 1998, 112 Stat. 2855. 70103(b)42 U.S.C. 2465f.Pub. L. 101–611, title II, § 206, Nov. 16, 1990, 104 Stat. 3207; Pub. L. 105–303, title II, § 203(4), Oct. 28, 1998, 112 Stat. 2855. In subsection (a), the words “this section” are substituted for “this title”, meaning title II of Public Law 101–611, because title II of Public Law 101–611 was previously repealed except for section 201 (a

Short Title

provision, classified to 42 U.S.C. 2451 note, in which neither defined term appears) and section 203 (42 U.S.C. 2465c) and 206 (42 U.S.C. 2465f) of Public Law 101–611, which are restated in this section.

Editorial Notes

Amendments

2015—Pub. L. 114–90 substituted “space launch system” for “space shuttle” in section catchline and wherever appearing in text.

Reference

Citations & Metadata

Citation

51 U.S.C. § 70103

Title 51National and Commercial Space Programs

Last Updated

Apr 6, 2026

Release point: 119-73