Commercial Space Launch Act
PL 98-575 (H.R.3942), enacted 10/30/1984

PUBLIC LAW 98-575—OCT. 30, 1984 
98 STAT. 3055 
Public Law 98-575 
98th Congress 
An Act 
To facilitate commercial space launches, and for other purposes. 
Oct. 30, 1984 
[H.R. 3942] 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled. 
Commercial 
Space 
SHORT TITLE 
Launch Act. 
SECTION 1. This Act may be cited as the "Commercial Space 
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Launch Act". 
"o^. 
FINDINGS 
SEC. 2. The Congress finds and declares that— 
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(1) the peaceful uses of outer space continue to be of great 
260L 
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, created, and offered by entrepreneurs in telecommuni-
cations, information services, and remote sensing technology; 
(4) the private sector in the United States has the capability 
of developing and providing private satellite launching and 
associated services that would complement the launching and 
associated services now available from the United States Gov-
ernment; 
(5) the development of commercial launch vehicles and associ-
ated services would enable the United States to retain its 
competitive position internationally, thereby contributing to the 
national interest and economic well-being of the United States; 
(6) provision of launch services by the private sector is consist-
ent with the national security interests 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; and 
(7) the United States should encourage private sector 
launches and associated services and, only to the extent neces-
sary, regulate such launches and services in order to ensure 
compliance with international obligations of the United States 
and to protect the public health and safety, safety of property, 
and national security interests and foreign policy interests of 
the United States. 
PURPOSES 
SEC. 3. It is therefore the purpose of this Act— 
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(1) to promote economic growth and entrepreneurial activity 
through utilization of the space environment for peaceful pur-
poses; 
98 STAT. 3056 
PUBLIC LAW 98-575—OCT. 30, 1984 
(2) to encourage the United States private sector to provide 
launch vehicles and associated launch services by simplifying 
and expediting the issuance and transfer of commercial launch 
licenses and by facilitating and encouraging the utilization of 
Government-developed space technology; and 
(3) to designate an executive department to oversee and co-
ordinate the conduct of commercial launch operations, to issue 
and transfer commercial launch licenses authorizing such ac-
tivities, and to protect the public health and safety, safety of 
property, and national security interests and foreign policy 
interests of the United States. 
DEFINITIONS 
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SEC. 4. For purposes of this Act— 
2603. 
(1) "agency" means an executive agency as defined by section 
105 of title 5, United States Code; 
(2) "launch" means to place, or attempt to place, a launch 
vehicle and payload, if any, in a suborbital trajectory, in Earth 
orbit in outer space, or otherwise in outer space; 
(3) "launch property" means propellants, launch vehicles and 
components thereof, and other physical items constructed for or 
used in the launch preparation or launch of a launch vehicle; 
(4) "launch services" means those activities involved in the 
preparation of a launch vehicle and its payload for launch and 
the conduct of a launch; 
(5) "launch site" means the location on Earth from which a 
launch takes place, as defined in any license issued or trans-
ferred by the Secretary under this Act, and includes all facilities 
located on a launch site which are necessary to conduct a 
launch; 
(6) "launch vehicle" means any vehicle constructed for the 
purpose of operating in, or placing a payload in, outer space and 
any suborbital rocket; 
(7) "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; 
(8) "person" means any individual and any corporation, part-
nership, joint venture, association, or other entity organized or 
existing under the laws of any State or any nation; 
(9) "Secretary" means the Secretary of Transportation; 
(10) "State", and "United States" when used in a geographical 
sense, mean the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, American Samoa, the United 
States Virgin Islands, Guam, and any other commonwealth, 
territory, or possession of the United States; and 
(11) "United States citizen" means— 
(A) any individual who is a citizen of the United States; 
(B) any corporation, partnership, joint venture, associa-
tion, or other entity organized or existing under the laws of 
the United States or any State; and 
(C) any corporation, partnership, joint venture, associa-
tion, or other entity which is organized or exists under the 
laws of a foreign nation, if the controlling interest (as 
defined by the Secretary in regulations) in such entity is 
PUBLIC LAW 98-575—OCT. 30, 1984 
98 STAT. 3057 
held by an individual or entity described in subparagraph 
(A)or(B). 
GENERAL RESPONSIBIUTIES OF THE SECRETARY AND OTHER AGENCIES 
SEC. 5. (a) The Secretary shall be responsible for carrying out this 
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Act, and in doing so shall— 
2604. 
(1) encourage, facilitate, and promote commercial space 
launches by the private sector; and 
(2) consult with other agencies to provide consistent applica-
tion of licensing requirements under this Act and to ensure fair 
and equitable treatment for all license applicants. 
0)) To the extent permitted by law, Federal agencies shall assist 
the Secretary, as necessary, in carrjdng out this Act. 
REQUIREMENT OF UCENSE FOR PRIVATE SPACE LAUNCH OPERATIONS 
SEC. 6. (a)(1) No person shall launch a launch vehicle or operate a 
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launch site within the United States, unless authorized by a license 2605. 
issued or transferred under this Act. 
(2) No United States citizen described in subparagraph (A) or (B) 
of section 4(11) shall launch a launch vehicle or operate a launch 
site outside the United States, unless authorized by a license issued 
or transferred under this Act. 
(3)(A) No United States citizen described in subparagraph (C) of 
section 4(11) shall launch a launch vehicle or operate a launch site 
at any place which is both outside the United States and outside the 
territory of any foreign nation, unless authorized by a license issued 
or transferred under this Act. The preceding sentence shall not 
apply with respect to a launch or operation of a launch site if there 
is an agreement in force between the United States and a foreign 
nation which provides that such foreign nation shall exercise juris-
diction over such launch or operation. 
(B)(i) Except as provided in clause (ii) of this subparagraph, this 
Act shall not apply to the launch of a launch vehicle or the 
operation of a launch site in the territory of a foreign nation by a 
United States citizen described in subparagraph (C) of section 4(11). 
(ii) If there is an agreement in force between the United States 
international 
and a foreign nation which provides that the United States shall 
agreements. 
exercise jurisdiction over the launch of a launch vehicle or operation 
of a launch site in the territory of such nation by a United States 
citizen described in subparagraph (C) of section 4(11), no such United 
States citizen shall launch a launch vehicle or operate a launch site 
in the territory of such nation, unless authorized by a license issued 
or transferred under this Act. 
(b)(1) The holder of a launch license under this Act shall not 
launch a payload unless that payload complies with all require-
ments of Federal law that relate to the launch of a payload. The 
Secretary shall ascertain whether any license, authorization, or 
other permit required by Federal law for a payload which is to be 
launched has been obtained. 
(2) If no payload license, authorization, or permit is required by 
any Federal law, the Secretary may take such action under this Act 
as the Secretary deems necessary to prevent the launch of a payload 
by a holder of a launch license under this Act if the Secretary 
determines that the launch of such payload would jeopardize the 
98 STAT. 3058 
PUBLIC LAW 98-575—OCT. 30, 1984 
public health and safety, safety of property, or any national security 
interest or foreign policy interest of the United States. 
(c)(1) Except as provided in this Act, no person shall be required to 
obtain from any agency a license, approval, waiver, or exemption for 
the launch of a launch vehicle or the operation of a launch site. 
(2) Nothing in this Act shall affect the authority of the Federal 
Communications Commission under the Communications Act of 
1934 (47 U.S.C. 151 et seq.) or the authority of the Secretary of 
Commerce under the Land Remote-Sensing Commercialization Act 
of 1984 (15 U.S.C. 4201 et seq.). 
AUTHORITY TO ISSUE AND TRANSFER LICENSES 
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SEC. 7. The Secretary may, consistent with the public health and 
2606. 
safety, safety of property, and national security interests and foreign 
policy interests of the United States, issue or transfer a license for 
launching one or more launch vehicles or for operating one or more 
launch sites, or both, to an applicant who meets the requirements 
for a license under section 8 of this Act. Any license issued or 
transferred under this section shall be in effect for such period of 
time as the Secretary may specify, in accordance with regulations 
issued under this Act. 
LICENSING REQUIREMENTS 
2607. 
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SEC. 8. (a)(1) All requirements of Federal law which apply to the 
launch of a launch vehicle or the operation of a launch site shall be 
requirements for a license under this Act for the launch of a launch 
vehicle or the operation of a launch site, respectively, except to the 
extent provided in paragraph (2). 
(2) If the Secretary determines, in consultation with appropriate 
agencies, that any requirement of Federal law that would otherwise 
apply to the launch of a launch vehicle or the operation of a launch 
site is not necessary to protect the public health and safety, safety of 
property, and national security interests and foreign policy interests 
of the United States, the Secretary may by regulation provide that 
such requirement shall not be a requirement for a license under this 
Act. 
(b) The Secretary may, with respect to launches and the operation 
of launch sites, prescribe such additional requirements as are neces-
sary to protect the public health and safety, safety of property, and 
national security interests and foreign policy interests of the United 
States. 
(c) The Secretary may, in individual cases, waive the application 
of any requirement for a license under this section if the Secretary 
determines that such waiver is in the public interest and will not 
jeopardize the public health and safety, safety of property, or any 
national security interest or foreign policy interest of the United 
States. 
LICENSE APPLICATION AND APPROVAL 
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SEC. 9. (a) Any person may apply to the Secretary for issuance or 
2608. 
transfer of a license under this Act, in such form and manner as the 
Secretary may prescribe. The Secretary shall establish procedures 
and timetables to expedite review of applications under this section 
and to reduce regulatory burdens for applicants. 
PUBLIC LAW 98-575—OCT. 30, 1984 
98 STAT. 3059 
(b) The Secretary shall issue or transfer a license to an applicant if 
the Secretary determines in writing that the applicant complies and 
will continue to comply with the requirements of this Act and any 
regulation issued under this Act. The Secretary shall include in such 
license such conditions as may be necessary to ensure compliance 
with this Act, including an effective means of on-site verification 
that a launch or operation of a launch site conforms to representa-
tions made in the application for a license or transfer of a license. 
The Secretary shall make a determination on any application not 
later than 180 days after receipt of such application. If the Secretary 
has not made a determination within 120 days after receipt of such 
application, the Secretary shall inform the applicant of any pending 
issues and of actions required to resolve such issues. 
(c) The Secretary, any officer or employee of the United States, or 
any person with whom the Secretary has entered into a contract 
under section 140)) of this Act may not disclose any data or informa-
tion under this Act which qualifies for exemption under section 
55203X4) of title 5, United States Code, or is designated as confiden-
tial by the person or agency furnishing such data or information, 
unless the Secretary determines that the withholding of such data 
or information is contrary to the public or national interest. 
SUSPENSION, REVOCATION, AND MODIFICATION OF UCENSES 
SEC. 10. (a) The Secretary may suspend or revoke any license 
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issued or transferred under this Act if the Secretary finds that the 
2609. 
licensee has substantially failed to comply with any requirement of 
this Act, the license, or any regulation issued under this Act, or that 
the suspension or revocation is necessary to protect the public 
health and safety, safety of property, or any national security 
interest or foreign policy interest of the United States. 
0)) Upon application by the licensee or upon the Secretary's own 
initiative, the Secretary may modify a license issued or transferred 
under this Act, if the Secretary finds that the modification will 
comply with the requirements of this Act. 
(c) Unless otherwise specified by the Secretary, any suspension, 
revocation, or modification by the Secretary under this section— 
(1) shall take effect immediately; and 
(2) shall continue in effect during any review of such action 
under section 12 of this Act. 
(d) Whenever the Secretary takes any action under this section, 
the Secretary shall notify the licensee in writing of the Secretary's 
finding and the action which the Secretary has taken or proposes to 
take regarding such finding. 
EMERGENCY ORDERS 
2610. 
SEC. 11. (a) The Secretary may terminate, prohibit, or suspend 
Prohibition. 
immediately the launch of a launch vehicle or the operation of a 
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launch site which is licensed under this Act if the Secretary deter-
mines that such launch or operation is detrimental to the public 
health and safety, safety of property, or any national security 
interest or foreign policy interest of the United States. 
Ob) An order terminating, prohibiting, or suspending any launch 
or operation of a launch site licensed by the Secretary under this 
Act shall take effect immediately and shall continue in effect during 
any review of such order under section 12. 
98 STAT. 3060 
PUBLIC LAW 98-575—OCT. 30, 1984 
ADMINISTRATIVE AND JUDICIAL REVIEW 
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SEC. 12. (a)(1) An applicant for a license and a proposed transferee 
2611 
of a license under this Act shall be entitled to a determination on 
the record after an opportunity for a hearing in accordance with 
section 554 of title 5, United States Code, of any decision of the 
Secretary under section 9(b) to issue or transfer a license with 
conditions or to deny the issuance or transfer of such license. An 
owner or operator of a payload shall be entitled to a determination 
on the record after an opportunity for a hearing in accordance with 
section 554 of title 5, United States Code, of any decision of the 
Secretary under section 6(b)(2) to prevent the launch of such pay-
load. 
(2) A licensee under this Act shall be entitled to a determination 
on the record after an opportunity for a hearing in accordance with 
section 554 of title 5, United States Code, of any decision of the 
Secretary— 
(A) under section 10 to suspend, revoke, or modify a license; or 
(B) under section 11 to terminate, prohibit, or suspend any 
launch or operation of a launch site licensed by the Secretary. 
(b) Any final action of the Secretary under this Act to issue, 
transfer, deny the issuance or transfer of, suspend, revoke, or modify 
a license or to terminate, prohibit, or suspend any launch or oper-
ation of a launch site licensed by the Secretary or to prevent the 
launch of a payload shall be subject to judicial review as provided in 
chapter 7 of title 5, United States Code. 
REGULATIONS 
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SEC. 13. The Secretary may issue such regulations, after notice 
2612. 
and comment in accordance with section 553 of title 5, United States 
Code, as may be necessary to carry out this Act. 
MONITORING OF ACTIVITIES OF LICENSEES 
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SEC 14. (a) Each license issued or transferred under this Act shall 
2613. 
require the licensee— 
(1) to allow the Secretary to place Federal officers or em-
ployees or other individuals as observers at any launch site used 
by the licensee, at any production facility or assembly site used 
by a contractor of the licensee in the production or assembly of 
a launch vehicle, or at any site where a payload is integrated 
with a launch vehicle, in order to monitor the activities of the 
licensee or contractor at such time and to such extent as the 
Secretary considers reasonable and necessary to determine com-
pliance with the license or to carry out the responsibilities of 
the Secretary under section 6(b) of this Act; and 
(2) to cooperate with such observers in the performance of 
monitoring functions. 
(b) The Secretary may, to the extent provided in advance by 
appropriation Acts, enter into a contract with any person to carry 
out subsection (a)(1) of this section. 
USE OF GOVERNMENT PROPERTY 
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SEC. 15. (a) The Secretary shall take such actions as may be 
2614. 
necessary to facilitate and encourage the acquisition (by lease, sale, 
transaction in lieu of sale, or otherwise) by the private sector of 
PUBLIC LAW 98-575—OCT. 30, 1984 
98 STAT. 3061 
launch property of the United States which is excess or is otherwise 
not needed for public use and of launch services, including utilities, 
of the United States which are otherwise not needed for public use. 
03)(1) The amount to be paid to the United States by any person 
who acquires launch property or launch services, including utilities, 
shall be established by the agency providing the property or service, 
in consultation with the Secretary. In the case of acquisition of 
launch property by sale or transaction in lieu of sale, the amount of 
such payment shall be the fair market value. In the case of any 
other tjrpe of acquisition of launch property, the amount of such 
payment shall be an amount equal to the direct costs (including any 
specific wear and tear and damage to the property) incurred by the 
United States as a result of the acquisition of such launch property. 
In the case of any acquisition of launch services, including utilities, 
the amount of such pajmient shall be an amount equal to the direct 
costs (including salaries of United States civilian and contractor 
personnel) incurred by the United States as a result of the acquisi-
tion of such launch services. 
(2) The Secretary may collect any payment for launch property or 
launch services, with the consent of the agency establishing such 
payment under paragraph (1). 
(3) The amount of any payment received by the United States for 
launch property or launch services, including utilities, under this 
subsection shall be deposited in the general fund of the Treasury, 
and the amount of a payment for launch property (other than 
launch property which is excess) and launch services (including 
utilities) shall be credited to the appropriation from which the cost 
of providing such property or services was paid. 
(c) The Secretary may establish requirements for liability insur-
ance, hold harmless agreements, proof of financial responsibility, 
and such other assurances as may be needed to protect the United 
States and its agencies and personnel from liability, loss, or injury 
as a result of a launch or operation of a launch site involving 
Government facilities or personnel. 
LIABIUTY INSURANCE 
SEC. 16. Each person who launches a launch vehicle or operates a 
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launch site under a license issued or transferred under this Act 2615. 
shall have in effect liability insurance at least in such £imount as is 
considered by the Secretary to be necessary for such launch or 
operation, considering the international obligations of the United 
States. The Secretary shall prescribe such amount after consultation 
with the Attorney General and other appropriate agencies. 
ENFORCEMENT AUTHORITY 
SEC. 17. (a) The Secretary shall enforce this Act. The Secretary 
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may delegate the exercise of any enforcement authority under this 2616. 
Act to any officer or employee of the Department of Transportation 
or, with the approval of the head of another agency, any officer or 
employee of such agency. 
(b) In carrying out this section, the Secretary may— 
(1) make investigations and inquiries, and administer to or 
take from any person an oath, affirmation, or affidavit, concern-
ing any matter relating to enforcement of this Act; and 
(2) pursuant to any lawful process— 
98 STAT. 3062 
PUBLIC LAW 98-575—OCT. 30, 1984 
(A) enter at any reasonable time any launch site, produc-
tion facility, or assembly site of a launch vehicle, or any site 
where a payload is integrated with a launch vehicle, for the 
purpose of inspecting any object which is subject to this Act 
and any records or reports required by the Secretary to be 
made or kept under this Act; and 
(B) seize any such object, record, or report where there is 
probable cause to believe that such object, record, or report 
was used, is being used, or is likely to be used in violation of 
this Act. 
PROHIBITED ACTS 
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SEC. 18. It is unlawful for any person to violate a requirement of 
26i'7- 
this Act, a regulation issued under this Act, or any term, condition, 
or restriction of any license issued or transferred by the Secretary 
under this Act. 
CIVIL PENALTIES 
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SEC. 19. (a) Any person who is found by the Secretary, after notice 
2618. 
and opportunity to be heard on the record in accordance with 
section 554 of title 5, United States Code, to have committed any act 
prohibited by section 18 shall be liable to the United States for a 
civil penalty of not more than $100,000 for each violation. Each day 
of a continuing violation shall constitute a separate violation. The 
amount of such civil penalty shall be assessed by the Secretary by 
written notice. The Secretary may compromise, modify, or remit, 
with or without conditions, any civil penalty which is subject to 
imposition or which has been imposed under this section. 
(b) If any person fails to pay a civil penalty assessed against such 
person after the penalty has become final or if such person appeals 
an order of the Secretary and the appropriate court has entered 
final judgment in favor of the Secretary, the Secretary shall recover 
the civil penalty assessed in any appropriate district court of the 
United States. 
(c) For purposes of conducting any hearing under this section, the 
Secretary may (1) issue subpoenas for the attendance and testimony 
of witnesses and the production of relevant papers, books, docu-
ments, and other records, (2) seek enforcement of such subpoenzis in 
the appropriate district court of the United States, and (3) adminis-
ter oaths and affirmations. 
CONSULTATION 
Defense and 
SEC. 20. (a) The Secretary shall consult with the Secretary of 
national 
Defense on all matters, including the issuance or transfer of each 
security. 
license, under this Act affecting national security. The Secretary of 
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Defense shall be responsible for identifying and notifying the Secre-
tary of those national security interests of the United States which 
are relevant to activities under this Act. 
(b) The Secretary shall consult with the Secretary of State on all 
matters, including the issuance or transfer of each license, under 
this Act affecting foreign policy. The Secretary of State shall be 
responsible for identifying and notifying the Secretary of those 
foreign policy interests or obligations of the United States which are 
relevant to activities under this Act. 
(c) The Secretary shall consult with other agencies, as appropri-
ate, in order to carry out the provisions of this Act. 
PUBLIC LAW 98-575—OCT. 30, 1984 
98 STAT. 3063 
RELATIONSHIP TO OTHER LAWS AND INTERNATIONAL OBUGATIONS 
SEC. 2L (a) No State or political subdivision of a State may adopt 
or have in effect any law, rule, regulation, standard, or order which 
is inconsistent with the provisions of this Act. Nothing in this Act 
shall preclude a State or a political subdivision of a State from 
adopting or putting into effect any law, rule, regulation, standard, or 
order which is consistent with this Act and is in addition to or more 
stringent than any requirement of or regulation issued under this 
Act. The Secretary may, and is encouraged to, consult with the 
States to simplify and expedite the approval of space launch activi-
ties. 
(b) A launch vehicle or payload shall not, by reason of the launch-
ing of such vehicle or payload, be considered an export for purposes 
of any law controlling exports. 
(c) Nothing in this Act shall apply to— 
(1) any— 
(A) launch or operation of a launch vehicle, 
(B) operation of a launch site, or 
(C) other space activity, 
carried out by the United States on behalf of the United States; 
or 
(2) any planning or policies relating to any such launch, 
operation, or activity. 
(d) The Secretary shall carry out this Act consistent with any 
obligation assumed by the United States in any treaty, convention, 
or agreement that may be in force between the United States and 
any foreign nation. In carrying out this Act, the Secretary shall 
consider applicable laws and requirements of any foreign nation. 
Prohibitions. 
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2620. 
REPORT ON LEGISLATION 
SEC. 22. (a) Not later than the last day of each fiscal year ending 
after the date of enactment of this Act and before October 1, 1989, 
the Secretary shall submit to the Committee on Science and Tech-
nology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report 
describing all activities undertaken under this Act, including a 
description of the process for the application for and approval of 
licenses under this Act and recommendations for legislation that 
may further commercial launches. 
(b) Not later than July 1, 1985, the Secretary shall submit to the 
Committee on Science and Technology of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation 
of the Senate a report which identifies Federal statutes, treaties, 
regulations, and policies which may have an adverse effect on 
commercial launches and include recommendations on appropriate 
changes thereto. 
SEVERABILITY 
SEC. 23. If any provision of this Act, or the application of such 
provision to any person or circumstance, is held invalid, the remain-
der of this Act and the application of such provision to any other 
person or circumstance shall not be affected by such invalidation. 
Report. 
49 u s e app. 
2621. 
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2622. 
98 STAT. 3064 
PUBLIC LAW 98-575—OCT. 30, 1984 
AUTHORIZED APPROPRIATIONS 
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SEC. 24. There are authorized to be appropriated to the Secretary 
2623. 
$4,000,000 for fiscal year 1985. 
EFFECTIVE DATE 
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SEC. 25. (a) Except for section 15 and the authority to issue 
note. 
regulations, this Act shall take effect 180 days after the date of 
enactment of this Act. 
O
b
) Section 15 shall take effect on the date of enactment of this 
Act, except that nothing in this Act shall affect any agreement, 
including negotiations which are substantially completed, relating 
to the acquisition of launch property or launch services of the 
United States entered into on or before the date of enactment of this 
Act between the United States and any private party. 
Regulations. 
(c) Regulations to implement this Act shall be promulgated not 
later than 180 days after the date of enactment of this Act. 
Approved October 30, 1984. 
LEGISLATIVE HISTORY—H.R. 3942: 
HOUSE REPORT No. 98-816 (Comm. on Science and Technology). 
SENATE REPORT No. 98-656 (Comm. on eommerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
June 5, considered and passed House. 
Oct. 9, considered and passed Senate, amended; House concurred in Senate 
amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 44 (1984): 
Oct. 30, Presidential statement.