CHAPTER 501 —SPACE COMMERCE
SUBCHAPTER I—GENERAL
SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
Editorial Notes
Amendments
2017—
SUBCHAPTER I—GENERAL
§50101. Definitions
In this chapter:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(A) more than 50 percent owned by United States nationals; or
(B) a subsidiary of a foreign company and the Secretary of Transportation finds that—
(i) such subsidiary has in the past evidenced a substantial commitment to the United States market through—
(I) investments in the United States in long-term research, development, and manufacturing (including the manufacture of major components and subassemblies); and
(II) significant contributions to employment in the United States; and
(ii) the country or countries in which such foreign company is incorporated or organized, and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (A) comparable to that afforded to such foreign company's subsidiary in the United States, as evidenced by—
(I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government-sponsored research and development similar to that authorized under this chapter;
(II) providing no barriers, to companies described in subparagraph (A) with respect to local investment opportunities, that are not provided to foreign companies in the United States; and
(III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (A).
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50101 |
The definition of "Administrator" in section 2 of the Commercial Space Act of 1998 (
Executive Documents
Space Policy Directive–2. Streamlining Regulations on Commercial Use of Space
Space Policy Directive–2, May 24, 2018, 83 F.R. 24901, provided:
Memorandum for the Vice President[,] the Secretary of State[,] the Secretary of Defense[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Homeland Security[,] the Secretary of Labor[,] the Director of National Intelligence[,] the Director of the Office of Management and Budget[,] the Assistant to the President for National Security Affairs[,] the Administrator of the National Aeronautics and Space Administration[,] the Director of the Office of Science and Technology Policy[,] the Assistant to the President for Homeland Security and Counterterrorism[, and] the Chairman of the Joint Chiefs of Staff
(b) Consistent with the policy set forth in section 1 of this memorandum, the Secretary of Transportation shall consider the following:
(i) requiring a single license for all types of commercial space flight launch and re-entry operations; and
(ii) replacing prescriptive requirements in the commercial space flight launch and re-entry licensing process with performance-based criteria.
(c) In carrying out the review required by subsection (a) of this section, the Secretary of Transportation shall coordinate with the members of the National Space Council.
(d) The Secretary of Defense, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration shall coordinate to examine all existing U.S. Government requirements, standards, and policies associated with commercial space flight launch and re-entry operations from Federal launch ranges and, as appropriate and consistent with applicable law, to minimize those requirements, except those necessary to protect public safety and national security, that would conflict with the efforts of the Secretary of Transportation in implementing the Secretary's responsibilities under this section.
(b) In carrying out the review required by subsection (a) of this section, the Secretary of Commerce shall coordinate with the Secretary of State, the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, and, as appropriate, the Chairman of the Federal Communications Commission.
(c) Within 120 days of the date of the completion of the review required by subsection (a) of this section, the Secretary of Commerce, in coordination with the Secretary of State and the Secretary of Defense, shall transmit to the Director of the Office of Management and Budget a legislative proposal to encourage expansion of the licensing of commercial remote sensing activities. That proposal shall be consistent with the policy set forth in section 1 of this memorandum.
(b) Within 30 days of the date of this memorandum, the Secretary of Commerce shall transmit to the Director of the Office of Management and Budget a legislative proposal to create within the Department of Commerce an entity with primary responsibility for administering the Department's regulation of commercial space flight activities.
(b) Within 120 days of the date of this memorandum, the Secretary of Commerce and the Director of the Office of Science and Technology Policy, in consultation with the Chairman of the Federal Communications Commission, and in coordination with the members of the National Space Council, shall provide to the President, through the Executive Secretary of the National Space Council, a report on improving the global competitiveness of the United States space sector through radio frequency spectrum policies, regulation, and United States activities at the International Telecommunication Union and other multilateral forums.
(a) initiate a review of export licensing regulations affecting commercial space flight activity;
(b) develop recommendations to revise such regulations consistent with the policy set forth in section 1 of this memorandum and with applicable law; and
(c) submit such recommendations to the President, through the Vice President, no later than 180 days from the date of this memorandum.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Transportation is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
§50111. Commercialization of Space Station
(a)
(b)
(1)
(A) make use of United States commercially provided International Space Station crew transfer and crew rescue services to the maximum extent practicable, if those commercial services have demonstrated the capability to meet Administration-specified ascent, entry, and International Space Station proximity operations safety requirements;
(B) limit, to the maximum extent practicable, the use of the Crew Exploration Vehicle to missions carrying astronauts beyond low Earth orbit once commercial crew transfer and crew rescue services that meet safety requirements become operational;
(C) facilitate, to the maximum extent practicable, the transfer of Administration-developed technologies to potential United States commercial crew transfer and rescue service providers, consistent with United States law; and
(D) issue a notice of intent, not later than 180 days after October 15, 2008, to enter into a funded, competitively awarded Space Act Agreement with 2 or more commercial entities for a Phase 1 Commercial Orbital Transportation Services crewed vehicle demonstration program.
(2)
(3)
(4)
(c)
(1)
(2)
(A) a description of the progress in achieving the Administration's deep space human exploration objectives on ISS and prospects for accomplishing future mission requirements, space exploration objectives, and other research objectives on future commercially supplied low-Earth orbit platforms or migration of those objectives to cis-lunar space;
(B) the steps NASA is taking and will take, including demonstrations that could be conducted on the ISS, to stimulate and facilitate commercial demand and supply of products and services in low-Earth orbit;
(C) an identification of barriers preventing the commercialization of low-Earth orbit, including issues relating to policy, regulations, commercial intellectual property, data, and confidentiality, that could inhibit the use of the ISS as a commercial incubator;
(D) the criteria for defining the ISS as a research success;
(E) the criteria used to determine whether the ISS is meeting the objective under section 301(b)(2) of the National Aeronautics and Space Administration Transition Authorization Act of 2017;
(F) an assessment of whether the criteria under subparagraphs (D) and (E) are consistent with the research areas defined in, and recommendations and schedules under, the current National Academies of Sciences, Engineering, and Medicine Decadal Survey on Biological and Physical Sciences in Space;
(G) any necessary contributions that ISS extension would make to enabling execution of the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017;
(H) the cost estimates for operating the ISS to achieve the criteria required under subparagraphs (D) and (E) and the contributions identified under subparagraph (G);
(I) the cost estimates for extending operations of the ISS to 2024, 2028, and 2030;
(J) an evaluation of the feasible and preferred service life of the ISS beyond the period described in section 503 of the National Aeronautics and Space Administration Authorization Act of 2010 (
(i) a general discussion of international partner capabilities and prospects for extending the partnership;
(ii) the cost associated with extending the service life;
(iii) an assessment on the technical limiting factors of the service life of the ISS, including a list of critical components and their expected service life and availability; and
(iv) such other information as may be necessary to fully describe the justification for and feasibility of extending the service life of the ISS, including the potential scientific or technological benefits to the Federal Government, public, or to academic or commercial entities;
(K) an identification of the necessary actions and an estimate of the costs to deorbit the ISS once it has reached the end of its service life;
(L) the impact on deep space exploration capabilities, including a crewed mission to Mars in the 2030s, if the preferred service life of the ISS is extended beyond 2024 and NASA maintains a flat budget profile; and
(M) an evaluation of the functions, roles, and responsibilities for management and operation of the ISS and a determination of—
(i) those functions, roles, and responsibilities the Federal Government should retain during the lifecycle of the ISS;
(ii) those functions, roles, and responsibilities that could be transferred to the commercial space sector;
(iii) the metrics that would indicate the commercial space sector's readiness and ability to assume the functions, roles, and responsibilities described in clause (ii); and
(iv) any necessary changes to any agreements or other documents and the law to enable the activities described in subparagraphs (A) and (B).
(3)
(A) test the capabilities needed to meet future mission requirements, space exploration objectives, and other research objectives described in paragraph (2)(A); and
(B) demonstrate or test capabilities, including commercial modules or deep space habitats, Environmental Control and Life Support Systems, orbital satellite assembly, exploration space suits, a node that enables a wide variety of activity, including multiple commercial modules and airlocks, additional docking or berthing ports for commercial crew and cargo, opportunities for the commercial space sector to cost share for transportation and other services on the ISS, other commercial activities, or services obtained through alternate acquisition approaches.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50111(a) | ||
| 50111(b) |
In subsection (b)(1)(D), the date "October 15, 2008" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2008 (
Editorial Notes
References in Text
Section 101(3)(A) of the National Aeronautics and Space Administration Authorization Act of 2008, referred to in subsec. (b)(2), is section 101(3)(A) of
The National Aeronautics and Space Administration Transition Authorization Act of 2017, referred to in subsec. (c)(1), (2)(E), (G), is
Amendments
2022—Subsec. (c)(2).
Subsec. (c)(2)(J).
2017—Subsec. (c).
Statutory Notes and Related Subsidiaries
Maximizing Utilization of ISS
"SEC. 301. OPERATION OF THE ISS.
"(a)
"(1) after 15 years of continuous human presence in low-Earth orbit, the ISS continues to overcome challenges and operate safely;
"(2) the ISS is a unique testbed for future space exploration systems development, including long-duration space travel;
"(3) the expansion of partnerships, scientific research, and commercial applications of the ISS is essential to ensuring the greatest return on investments made by the United States and its international space partners in the development, assembly, and operations of that unique facility;
"(4) utilization of the ISS will sustain United States leadership and progress in human space exploration by—
"(A) facilitating the commercialization and economic development of low-Earth orbit;
"(B) serving as a testbed for technologies and a platform for scientific research and development; and
"(C) serving as an orbital facility enabling research upon—
"(i) the health, well-being, and performance of humans in space; and
"(ii) the development of in-space systems enabling human space exploration beyond low-Earth orbit; and
"(5) the ISS provides a platform for fundamental, microgravity, discovery-based space life and physical sciences research that is critical for enabling space exploration, protecting humans in space, increasing pathways for commercial space development that depend on advances in basic research, and contributes to advancing science, technology, engineering, and mathematics research.
"(b)
"(1) to achieve the long term goal and objectives under section 202 of the National Aeronautics and Space Administration Authorization Act of 2010 (
"(2) to pursue a research program that advances knowledge and provides other benefits to the Nation.
"(c)
"SEC. 302. TRANSPORTATION TO ISS.
"(a)
"(b)
"(1) once developed and certified to meet the Administration's safety and reliability requirements, United States commercially provided crew transportation systems can serve as the primary means of transporting United States government astronauts and international partner astronauts to and from the ISS and serving as ISS crew rescue vehicles;
"(2) previous budgetary assumptions used by the Administration in its planning for the Commercial Crew Program assumed significantly higher funding levels than were authorized and appropriated by Congress;
"(3) credibility in the Administration's budgetary estimates for the Commercial Crew Program can be enhanced by an independently developed cost estimate;
"(4) such credibility in budgetary estimates is an important factor in understanding program risk;
"(5) United States access to low-Earth orbit is paramount to the continued success of the ISS and ISS National Laboratory;
"(6) a stable and successful Commercial Resupply Services Program and Commercial Crew Program are critical to ensuring timely provisioning of the ISS and to reestablishing the capability to launch United States government astronauts from United States soil into orbit, ending reliance upon Russian transport of United States government astronauts to the ISS which has not been possible since the retirement of the Space Shuttle program in 2011;
"(7) NASA should build upon the success of the Commercial Orbital Transportation Services Program and Commercial Resupply Services Program that have allowed private sector companies to partner with NASA to deliver cargo and scientific experiments to the ISS since 2012;
"(8) the 21st Century Launch Complex Program has enabled significant modernization and infrastructure improvements at launch sites across the United States to support NASA's Commercial Resupply Services Program and other civil and commercial space flight missions; and
"(9) the 21st Century Launch Complex Program should be continued in a manner that leverages State and private investments to achieve the goals of that program.
"(c)
"(1) its commitment to the use of a commercially developed, private sector launch and delivery system to the ISS for crew missions as expressed in the National Aeronautics and Space Administration Authorization Act of 2005 (
"(2) the requirement under
"(d)
"(e)
"(1)
"(A) can carry United States government astronauts safely, reliably, and affordably to and from the ISS;
"(B) can serve as a crew rescue vehicle; and
"(C) can accomplish subparagraphs (A) and (B) as soon as practicable.
"(2)
"(3)
"(A)
"(B)
"(4)
"(f)
"(g)
"(h)
"(1)
"(2)
"(i)
"(1) identifies the lessons learned to date from previous and existing Commercial Resupply Services contracts;
"(2) indicates whether changes are needed to the manner in which the Administration procures and manages similar services prior to the issuance of future Commercial Resupply Services procurement opportunities; and
"(3) identifies any lessons learned from the Commercial Resupply Services contracts that should be applied to the procurement and management of commercially provided crew transfer services to and from the ISS or to other future procurements.
"SEC. 303. ISS TRANSITION PLAN.
"(a)
"(1) NASA has been both the primary supplier and consumer of human space flight capabilities and services of the ISS and in low-Earth orbit; and
"(2) according to the National Research Council report 'Pathways to Exploration: Rationales and Approaches for a U.S. Program of Human Space Exploration' extending ISS beyond 2020 to 2024 or 2028 will have significant negative impacts on the schedule of crewed missions to Mars, without significant increases in funding.
"(b)
"(1) an orderly transition for United States human space flight activities in low-Earth orbit from the current regime, that relies heavily on NASA sponsorship, to a regime where NASA is one of many customers of a low-Earth orbit commercial human space flight enterprise may be necessary; and
"(2) decisions about the long-term future of the ISS impact the ability to conduct future deep space exploration activities, and that such decisions regarding the ISS should be considered in the context of the human exploration roadmap under section 432 of this Act [set out in a note under
"(c)
[For definitions of terms used in sections 301 to 303 of
§50112. Promotion of United States Global Positioning System standards
In order to support and sustain the Global Positioning System in a manner that will most effectively contribute to the national security, public safety, scientific, and economic interests of the United States, Congress encourages the President to—
(1) ensure the operation of the Global Positioning System on a continuous worldwide basis free of direct user fees;
(2) enter into international agreements that promote cooperation with foreign governments and international organizations to—
(A) establish the Global Positioning System and its augmentations as an acceptable international standard; and
(B) eliminate any foreign barriers to applications of the Global Positioning System worldwide; and
(3) provide clear direction and adequate resources to the Assistant Secretary of Commerce for Communications and Information so that on an international basis the Assistant Secretary can—
(A) achieve and sustain efficient management of the electromagnetic spectrum used by the Global Positioning System; and
(B) protect that spectrum from disruption and interference.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50112 |
Statutory Notes and Related Subsidiaries
Finding
§50113. Acquisition of space science data
(a)
(1) the elemental and mineralogical resources of the moon, asteroids, planets and their moons, and comets;
(2) microgravity acceleration; and
(3) solar storm monitoring.
(b)
(c)
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50113 |
Editorial Notes
Amendments
2021—Subsec. (c).
2018—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§50114. Administration of commercial space centers
The Administrator shall administer the Commercial Space Center program in a coordinated manner from Administration headquarters in Washington, D.C.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50114 |
§50115. Sources of Earth science data
(a)
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50115(a) | ||
| 50115(b) | ||
| 50115(c) | ||
| 50115(d) |
Editorial Notes
Amendments
2021—Subsec. (b).
2018—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§50116. Commercial technology transfer program
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50116 |
This section restates provisions originally enacted as part of the National Aeronautics and Space Administration Authorization Act of 2005 (
In subsection (a), in the last sentence, the word "Administration" is substituted for "agency" for clarity and because of the definition of "Administration" added by
In subsection (b), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (
Editorial Notes
Amendments
2017—Subsec. (a).
SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
§50131. Requirement to procure commercial space transportation services
(a)
(b)
(1) a payload requires the unique capabilities of the space shuttle;
(2) cost effective space transportation services that meet specific mission requirements would not be reasonably available from United States commercial providers when required;
(3) the use of space transportation services from United States commercial providers poses an unacceptable risk of loss of a unique scientific opportunity;
(4) the use of space transportation services from United States commercial providers is inconsistent with national security objectives;
(5) the use of space transportation services from United States commercial providers is inconsistent with international agreements for international collaborative efforts relating to science and technology;
(6) it is more cost effective to transport a payload in conjunction with a test or demonstration of a space transportation vehicle owned by the Federal Government; or
(7) a payload can make use of the available cargo space on a space shuttle mission as a secondary payload, and such payload is consistent with the requirements of research, development, demonstration, scientific, commercial, and educational programs authorized by the Administrator.
(c)
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50131(a) | ||
| 50131(b) | ||
| 50131(c) | ||
| 50131(d) | ||
| 50131(e) |
In subsection (d), the date "October 28, 1998" is substituted for "the date of the enactment of this Act" and for "such date" to reflect the date of enactment of the Commercial Space Act of 1998 (
Editorial Notes
Amendments
2015—Subsec. (a).
Statutory Notes and Related Subsidiaries
NASA Launch Capabilities Collaboration
"(a)
"(1) The Launch Services Program is responsible for the acquisition, management, and technical oversight of commercial launch services for NASA's [National Aeronautics and Space Administration's] science and robotic missions.
"(2) The Commercial Crew Program is responsible for the acquisition, management, and technical oversight of commercial crew transportation systems.
"(3) The Launch Services Program and Commercial Crew Program have worked together to gain exceptional technical insight into the contracted launch service providers that are common to both programs.
"(4) The Launch Services Program has a long history of oversight of 12 different launch vehicles and over 80 launches.
"(5) Co-location of the Launch Services Program and Commercial Crew Program has enabled the Commercial Crew Program to efficiently obtain the launch vehicle technical expertise of and provide engineering and analytical support to the Commercial Crew Program.
"(b)
"(1) the Launch Services Program and Commercial Crew Program each benefit from communication and coordination of launch manifests, technical information, and common launch vehicle insight between the programs; and
"(2) such communication and coordination is enabled by the co-location of the programs.
"(c)
Leveraging Commercial Satellite Servicing Capabilities Across Mission Directorates
"(a)
"(1) Refueling and relocating aging satellites to extend their operational lifetimes is a capacity that NASA [National Aeronautics and Space Administration] will substantially benefit from and is important for lowering the costs of ongoing scientific, national security, and commercial satellite operations.
"(2) The technologies involved in satellite servicing, such as dexterous robotic arms, propellant transfer systems, and solar electric propulsion, are all critical capabilities to support a human exploration mission to Mars.
"(b)
"(1) satellite servicing is a vital capability that will bolster the capacity and affordability of NASA's ongoing scientific and human exploration operations while simultaneously enhancing the ability of domestic companies to compete in the global marketplace; and
"(2) future NASA satellites and spacecraft across mission directorates should be constructed in a manner that allows for servicing in order to maximize operational longevity and affordability.
"(c)
"(1) identify orbital assets in both the Science Mission Directorate and the Human Exploration and Operations Mission Directorate that could benefit from satellite servicing-related technologies; and
"(2) work across all NASA mission directorates to evaluate opportunities for the private sector to perform such services or advance technical capabilities by leveraging the technologies and techniques developed by NASA programs and other industry programs."
§50132. Acquisition of commercial space transportation services
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50132 |
Editorial Notes
Amendments
2021—Subsec. (a).
2018—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
[§50133. Repealed. Pub. L. 115–10, title IV, §416(c), Mar. 21, 2017, 131 Stat. 35 ]
Section,
§50134. Use of excess intercontinental ballistic missiles
(a)
(1) convert any missile described in subsection (c) to a space transportation vehicle configuration; or
(2) transfer ownership of any such missile to another person, except as provided in subsection (b).
(b)
(1)
(A) would result in cost savings to the Federal Government when compared to the cost of acquiring space transportation services from United States commercial providers;
(B) meets all mission requirements of the agency, including performance, schedule, and risk requirements;
(C) is consistent with international obligations of the United States; and
(D) is approved by the Secretary of Defense or the designee of the Secretary of Defense.
(2)
(c)
(1) were formerly used by the Department of Defense for national defense purposes as intercontinental ballistic missiles; and
(2) have been declared excess to United States national defense needs and are in compliance with international obligations of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50134 |
In subsection (b)(1), in the matter before subparagraph (A), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.