Subtitle V—Programs Targeting Commercial Opportunities
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.
CHAPTER 503 —COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION
§50301. Definitions
In this chapter:
(1)
(2)
(3)
(4)
(A) to be based and operated in space;
(B) to transport various payloads or objects from one orbit to another orbit; and
(C) to be reusable and refueled in space.
(5)
(6)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50301 |
Statutory Notes and Related Subsidiaries
Findings
"(1) It is in the national interest to encourage the production of cost-effective, in-space transportation systems, which would be built and operated by the private sector on a commercial basis.
"(2) The use of reusable in-space transportation systems will enhance performance levels of in-space operations, enhance efficient and safe disposal of satellites at the end of their useful lives, and increase the capability and reliability of existing ground-to-space launch vehicles.
"(3) Commercial reusable in-space transportation systems will enhance the economic well-being and national security of the United States by reducing space operations costs for commercial and national space programs and by adding new space capabilities to space operations.
"(4) Commercial reusable in-space transportation systems will provide new cost-effective space capabilities (including orbital transfers from low altitude orbits to high altitude orbits and return, the correction of erroneous satellite orbits, and the recovery, refurbishment, and refueling of satellites) and the provision of upper stage functions to increase ground-to-orbit launch vehicle payloads to geostationary and other high energy orbits.
"(5) Commercial reusable in-space transportation systems can enhance and enable the space exploration of the United States by providing lower cost trajectory injection from earth orbit, transit trajectory control, and planet arrival deceleration to support potential National Aeronautics and Space Administration missions to Mars, Pluto, and other planets.
"(6) Satellites stranded in erroneous earth orbit due to deficiencies in their launch represent substantial economic loss to the United States and present substantial concerns for the current backlog of national space assets.
"(7) Commercial reusable in-space transportation systems can provide new options for alternative planning approaches and risk management to enhance the mission assurance of national space assets.
"(8) Commercial reusable in-space transportation systems developed by the private sector can provide in-space transportation services to the National Aeronautics and Space Administration, the Department of Defense, the National Reconnaissance Office, and other agencies without the need for the United States to bear the cost of production of such systems.
"(9) The availability of loan guarantees, with the cost of credit risk to the United States paid by the private-sector, is an effective means by which the United States can help qualifying private-sector companies secure otherwise unattainable private financing for the production of commercial reusable in-space transportation systems, while at the same time minimizing Government commitment and involvement in the development of such systems."
§50302. Loan guarantees for production of commercial reusable in-space transportation
(a)
(b)
(c)
(d)
(1)
(2)
(e)
(1)
(2)
(A) provide income which is excluded from gross income for purposes of
(B) provide significant collateral or security, as determined by the Secretary, for other obligations the income from which is so excluded.
(3)
(A) That the guarantee has been properly obtained.
(B) That the loan qualifies for the guarantee.
(C) That, but for fraud or material misrepresentation by the holder of the loan, the guarantee is valid, legal, and enforceable.
(4)
(f)
(1)
(2)
(3)
(A) assume control of the physical asset financed by the loan; and
(B) complete, recondition, reconstruct, renovate, repair, maintain, operate, or sell the physical asset.
(g)
(1)
(2)
(3)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50302 |
In subsection (f)(2), the word "forbear" is substituted for "forebear" to correct an error in the law.
In subsection (g)(1), the words "services or systems" are substituted for "services or system" to correct an error in the law.
Editorial Notes
References in Text
The Federal Credit Reform Act of 1990, referred to in subsec. (g)(1), (2), is title V of
CHAPTER 505 —COMMERCIAL SPACE COMPETITIVENESS
§50501. Definitions
In this chapter:
(1)
(2)
(3)
(A) private capital at risk; and
(B) primary financial and management responsibility for the activity reside with the private sector.
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50501 |
Statutory Notes and Related Subsidiaries
Findings
"(1) commercial activities of the private sector have substantially contributed to the strength of both the United States space program and the national economy;
"(2) a robust United States space transportation capability remains a vital cornerstone of the United States space program;
"(3) the availability of commercial launch services is essential for the continued growth of the United States commercial space sector;
"(4) a timely extension of the excess third party claims payment provisions of the Commercial Space Launch Act [now
"(5) a program to demonstrate how recipients of Federal grants can purchase launch services directly from the private sector has the potential to improve the capabilities of the United States commercial launch industry;
"(6) improvements and additions to the Nation's space transportation infrastructure contribute to a robust and cost effective space transportation capability for both public sector and private sector users;
"(7) private sector use of available Government facilities on a reimbursable basis contributes to a stronger commercial space sector;
"(8) the Federal Government should purchase space goods and services which are commercially available, or could be made available commercially in response to a Government procurement request, whenever such goods or services meet Government mission requirements in a cost effective manner;
"(9) it is appropriate for the Government to act as an anchor tenant for commercial space development projects which have a reasonable potential to develop non-Federal markets and which meet Federal needs in a cost effective manner; and
"(10) the provision of compensation to commercial providers of space goods and services for termination of contracts at the convenience of the Government assists in enabling the private sector to invest in space activities which are initially dependent on Government purchases."
[For definition of terms used in section 501 of
§50502. Launch voucher demonstration program
(a)
(b)
(1) payloads to be placed in suborbital trajectories; and
(2) small payloads to be placed in orbit.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50502 |
In subsection (a), the words "to become effective October 1, 1993", which appeared at the end, are omitted as obsolete.
§50503. Anchor tenancy and termination liability
(a)
(1) the good or service meets the mission requirements of the Administration or the National Oceanic and Atmospheric Administration, as appropriate;
(2) the commercially procured good or service is cost effective;
(3) the good or service is procured through a competitive process;
(4) existing or potential customers for the good or service other than the United States Government have been specifically identified;
(5) the long-term viability of the venture is not dependent upon a continued Government market or other nonreimbursable Government support; and
(6) private capital is at risk in the venture.
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(3)
(4)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50503 |
§50504. Use of Government facilities
(a)
(1)
(A) the facilities will be used to support commercial space activities;
(B) such use can be supported by existing or planned Federal resources;
(C) such use is compatible with Federal activities;
(D) equivalent commercial services are not available on reasonable terms; and
(E) such use is consistent with public safety, national security, and international treaty obligations.
(2)
(b)
(1)
(2)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50504 |
§50505. Test facilities
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50505 |
This section restates provisions originally enacted as part of the National Aeronautics and Space Administration Authorization Act of 2005 (
In subsection (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.
§50506. Commercial Space Achievement Award
(a)
(b)
(1)
(2)
(3)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50506 |
In subsection (b), in the matter before paragraph (1), the words "The Secretary of Commerce shall periodically make awards" are substituted for "The Secretary of Commerce shall periodically make, and the Chairman of the National Space Council shall present, awards" to eliminate obsolete language. The reference to the Chairman of the National Space Council is obsolete because the National Space Council (established by section 501 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (
CHAPTER 507 —OFFICE OF SPACE COMMERCE
Editorial Notes
Amendments
2015—
§50701. Definition of Office
In this chapter, the term "Office" means the Office of Space Commerce established in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50701 | (no source) |
A chapter-wide definition for the term "Office" is added for clarity and convenience.
Editorial Notes
Amendments
2015—
§50702. Establishment
(a)
(b)
(c)
(1) to foster the conditions for the economic growth and technological advancement of the United States space commerce industry;
(2) to coordinate space commerce policy issues and actions within the Department of Commerce;
(3) to represent the Department of Commerce in the development of United States policies and in negotiations with foreign countries to promote United States space commerce;
(4) to promote the advancement of United States geospatial technologies related to space commerce, in cooperation with relevant interagency working groups; and
(5) to provide support to Federal Government organizations working on Space-Based Positioning Navigation, and Timing policy, including the National Coordination Office for Space-Based Position,1 Navigation, and Timing.
(d)
(1) promoting commercial provider investment in space activities by collecting, analyzing, and disseminating information on space markets, and conducting workshops and seminars to increase awareness of commercial space opportunities;
(2) assisting United States commercial providers in the efforts of those providers to conduct business with the United States Government;
(3) acting as an industry advocate within the executive branch of the Federal Government to ensure that the Federal Government meets the space-related requirements of the Federal Government, to the fullest extent feasible, using commercially available space goods and services;
(4) ensuring that the United States Government does not compete with United States commercial providers in the provision of space hardware and services otherwise available from United States commercial providers;
(5) promoting the export of space-related goods and services;
(6) representing the Department of Commerce in the development of United States policies and in negotiations with foreign countries to ensure free and fair trade internationally in the area of space commerce; and
(7) seeking the removal of legal, policy, and institutional impediments to space commerce.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50702 |
Editorial Notes
Amendments
2015—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Cooperation With Former Soviet Republics
"(a)
"(1) the opportunities for increased space related trade with the independent states of the former Soviet Union;
"(2) a technology procurement plan for identifying and evaluating all unique space hardware, space technology, and space services available to the United States from the independent states of the former Soviet Union, specifically including those technologies the National Aeronautics and Space Administration has identified as high priority in its Space Research and Technology Integrated Technology Plan.[;]
"(3) the trade missions carried out pursuant to subsection (c), including the private participation and the results of such missions;
"(4) the offices and accounts of the National Aeronautics and Space Administration to which expenses for either cooperative activities or procurement actions, involving the independent states of the former Soviet Union, are charged;
"(5) any barriers, regulatory or practical, that inhibit space-related trade between the United States and the independent states of the former Soviet Union, including such barriers in either the United States or the independent states; and
"(6) any anticompetitive issues raised by a potential acquisition.
"(b)
"(c)
1 So in original. Probably should be "Positioning,".
§50703. Annual report
The Secretary of Commerce shall submit an annual report on the activities of the Office, including planned programs and expenditures, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 50703 |
The words "The Secretary of Commerce shall submit an annual report" are substituted for "Commencing in fiscal year 1992, and every fiscal year thereafter, the Secretary of Commerce shall submit . . . a report" to eliminate unnecessary words.
The word "Office", meaning the Office of Space Commercialization, is substituted for "Office of Space Commerce" to correct an error in the law.
The words "Committee on Science and Technology" are substituted for "Committee on Science, Space, and Technology" on authority of section 1(a)(10) of
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.
CHAPTER 509 —COMMERCIAL SPACE LAUNCH ACTIVITIES
Editorial Notes
Amendments
2010—
2004—
2000—
1998—
1994—
§50901. Findings and purposes
(a)
(1) the peaceful uses of outer space continue to be of great 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, produced, and offered by entrepreneurs in telecommunications, information services, microgravity research, human space flight, and remote sensing technologies;
(4) the private sector in the United States has the capability of developing and providing private launching, reentry, and associated services that would complement the launching, reentry, and associated capabilities of the United States Government;
(5) the development of commercial launch vehicles, reentry vehicles, and associated services would enable the United States to retain its competitive position internationally, contributing to the national interest and economic well-being of the United States;
(6) providing launch services and reentry services by the private sector is consistent with the national security 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;
(7) the United States should encourage private sector launches, reentries, and associated services and, only to the extent necessary, regulate those launches, reentries, and services to ensure compliance with international obligations of the United States and to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;
(8) space transportation, including the establishment and operation of launch sites, reentry sites, and complementary facilities, the providing of launch services and reentry services, the establishment of support facilities, and the providing of support services, is an important element of the transportation system of the United States, and in connection with the commerce of the United States there is a need to develop a strong space transportation infrastructure with significant private sector involvement;
(9) the participation of State governments in encouraging and facilitating private sector involvement in space-related activity, particularly through the establishment of a space transportation-related infrastructure, including launch sites, reentry sites, complementary facilities, and launch site and reentry site support facilities, is in the national interest and is of significant public benefit;
(10) the goal of safely opening space to the American people and their private commercial, scientific, and cultural enterprises should guide Federal space investments, policies, and regulations;
(11) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space and greater private investment in these efforts will stimulate the Nation's commercial space transportation industry as a whole;
(12) space transportation is inherently risky, and the future of the commercial human space flight industry will depend on its ability to continually improve its safety performance;
(13) a critical area of responsibility for the Department of Transportation is to regulate the operations and safety of the emerging commercial human space flight industry;
(14) the public interest is served by creating a clear legal, regulatory, and safety regime for commercial human space flight; and
(15) the regulatory standards governing human space flight must evolve as the industry matures so that regulations neither stifle technology development nor expose crew, government astronauts, or space flight participants to avoidable risks as the public comes to expect greater safety for crew, government astronauts, and space flight participants from the industry.
(b)
(1) to promote economic growth and entrepreneurial activity through use of the space environment for peaceful purposes;
(2) to encourage the United States private sector to provide launch vehicles, reentry vehicles, and associated services by—
(A) simplifying and expediting the issuance and transfer of commercial licenses;
(B) facilitating and encouraging the use of Government-developed space technology; and
(C) promoting the continuous improvement of the safety of launch vehicles designed to carry humans, including through the issuance of regulations, to the extent permitted by this chapter;
(3) to provide that the Secretary of Transportation is to oversee and coordinate the conduct of commercial launch and reentry operations, issue permits and commercial licenses and transfer commercial licenses authorizing those operations, and protect the public health and safety, safety of property, and national security and foreign policy interests of the United States; and
(4) to facilitate the strengthening and expansion of the United States space transportation infrastructure, including the enhancement of United States launch sites and launch-site support facilities, and development of reentry sites, with Government, State, and private sector involvement, to support the full range of United States space-related activities.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70101(a) | 49 App.:2601. | Oct. 30, 1984, |
| 70101(b) | 49 App.:2602. |
In subsection (a), before clause (1), the words "and declares" are omitted as surplus.
In subsection (b), before clause (1), the word "therefore" is omitted as surplus.
Editorial Notes
Amendments
2015—Subsec. (a)(15).
2010—
2004—Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(10) to (15).
Subsec. (b)(2)(C).
Subsec. (b)(3).
1998—Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (b)(2).
Subsec. (b)(2)(A).
Subsec. (b)(3).
Subsec. (b)(4).
Statutory Notes and Related Subsidiaries
Findings
"(1) a robust United States space transportation industry is vital to the Nation's economic well-being and national security;
"(2) enactment of a 5-year extension of the excess third party claims payment provision of [former]
"(3) space transportation may evolve into airplane-style operations;
"(4) during the next 3 years the Federal Government and the private sector should analyze the liability risk-sharing regime to determine its appropriateness and effectiveness, and, if needed, develop and propose a new regime to Congress at least 2 years prior to the expiration of the extension contained in this Act [see Tables for classification];
"(5) the areas of responsibility of the Office of the Associate Administrator for Commercial Space Transportation have significantly increased as a result of—
"(A) the rapidly expanding commercial space transportation industry and associated government licensing requirements;
"(B) regulatory activity as a result of the emerging commercial reusable launch vehicle industry; and
"(C) the increased regulatory activity associated with commercial operation of launch and reentry sites; and
"(6) the Office of the Associate Administrator for Commercial Space Transportation should continue to limit its promotional activities to those which support its regulatory mission."
§50902. Definitions
In this chapter—
(1) "citizen of the United States" means—
(A) an individual who is a citizen of the United States;
(B) an entity organized or existing under the laws of the United States or a State; or
(C) an entity organized or existing under the laws of a foreign country if the controlling interest (as defined by the Secretary of Transportation) is held by an individual or entity described in subclause (A) or (B) of this clause.
(2) "crew" means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings.
(3) "executive agency" has the same meaning given that term in
(4) "government astronaut" means an individual who—
(A) is designated by the National Aeronautics and Space Administration under section 20113(n);
(B) is carried within a launch vehicle or reentry vehicle in the course of his or her employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle; and
(C) is either—
(i) an employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act; or
(ii) an international partner astronaut.
(5) "international partner astronaut" means an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the United States, as qualified to serve as an International Space Station crew member.
(6) "International Space Station Intergovernmental Agreement" means the Agreement Concerning Cooperation on the International Space Station, signed at Washington January 29, 1998 (TIAS 12927).
(7) "launch" means to place or try to place a launch vehicle or reentry vehicle and any payload or human being from Earth—
(A) in a suborbital trajectory;
(B) in Earth orbit in outer space; or
(C) otherwise in outer space,
including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States.
(8) "launch property" means an item built for, or used in, the launch preparation or launch of a launch vehicle.
(9) "launch services" means—
(A) activities involved in the preparation of a launch vehicle, payload, crew (including crew training), government astronaut, or space flight participant for launch; and
(B) the conduct of a launch.
(10) "launch site" means the location on Earth from which a launch takes place (as defined in a license the Secretary issues or transfers under this chapter) and necessary facilities at that location.
(11) "launch vehicle" means—
(A) a vehicle built to operate in, or place a payload or human beings in, outer space; and
(B) a suborbital rocket.
(12) "obtrusive space advertising" means advertising in outer space that is capable of being recognized by a human being on the surface of the Earth without the aid of a telescope or other technological device.
(13) "payload" means an object that a person undertakes to place in outer space by means of a launch vehicle or reentry vehicle, including components of the vehicle specifically designed or adapted for that object.
(14) except in section 50904(c), "permit" means an experimental permit issued under section 50906.
(15) "person" means an individual and an entity organized or existing under the laws of a State or country.
(16) "reenter" and "reentry" mean to return or attempt to return, purposefully, a reentry vehicle and its payload or human beings, if any, from Earth orbit or from outer space to Earth.
(17) "reentry services" means—
(A) activities involved in the preparation of a reentry vehicle and payload, crew (including crew training), government astronaut, or space flight participant, if any, for reentry; and
(B) the conduct of a reentry.
(18) "reentry site" means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter).
(19) "reentry vehicle" means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially intact.
(20) "space flight participant" means an individual, who is not crew or a government astronaut, carried within a launch vehicle or reentry vehicle.
(21) "space support vehicle flight" means a flight in the air that—
(A) is not a launch or reentry; but
(B) is conducted by a space support vehicle.
(22) "space support vehicle" means a vehicle that is—
(A) a launch vehicle;
(B) a reentry vehicle; or
(C) a component of a launch or reentry vehicle.
(23) "State" means a State of the United States, the District of Columbia, and a territory or possession of the United States.
(24) unless and until regulations take effect under section 50922(c)(2), "suborbital rocket" means a vehicle, rocket-propelled in whole or in part, intended for flight on a suborbital trajectory, and the thrust of which is greater than its lift for the majority of the rocket-powered portion of its ascent.
(25) "suborbital trajectory" means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth.
(26) "third party" means a person except—
(A) the United States Government or the Government's contractors or subcontractors involved in launch services or reentry services;
(B) a licensee or transferee under this chapter;
(C) a licensee's or transferee's contractors, subcontractors, or customers involved in launch services or reentry services;
(D) the customer's contractors or subcontractors involved in launch services or reentry services; or
(E) crew, government astronauts, or space flight participants.
(27) "United States" means the States of the United States, the District of Columbia, and the territories and possessions of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70102(1) | 49 App.:2603(9). | Oct. 30, 1984, |
| 49 App.:2603(12). | Oct. 30, 1984, |
|
| 70102(2)–(9) | 49 App.:2603(1)–(8). | |
| 70102(10) | 49 App.:2603(10). | Oct. 30, 1984, |
| 70102(11) | 49 App.:2603(11). | Oct. 30, 1984, |
| 70102(12) | 49 App.:2603(10). |
In this chapter, the word "country" is substituted for "nation" for consistency in the revised title and with other titles of the United States Code.
In clause (1), before subclause (A), the text of 49 App.:2603(9) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In subclauses (B) and (C), the words "corporation, partnership, joint venture, association, or other" are omitted as surplus. In subclause (C), the words "in regulations" and "in such entity" are omitted as surplus.
In clause (4), the words "propellants, launch vehicles and components thereof, and other physical" are omitted as surplus.
In clause (6), the words "includes all . . . located on a launch site which are . . . to conduct a launch" are omitted as surplus.
In clause (9), the words "corporation, partnership, joint venture, association, or other" are omitted as surplus.
Clauses (10) and (12) are substituted for 49 App.:2603(10) to eliminate unnecessary words.
In clause (11), before subclause (A), the words "or entity" are omitted as surplus. In subclause (A), the words "its agencies" are omitted as surplus.
Pub. L. 104–287
This amends 49:70102(6) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (
Editorial Notes
Amendments
2018—Pars. (21) to (27).
2015—Pars. (4) to (6).
Par. (7).
Par. (8).
Par. (9).
Pars. (10) to (15).
Par. (16).
Par. (17).
Pars. (18), (19).
Par. (20).
Pars. (21) to (23).
Par. (24).
Par. (25).
2010—
Par. (11).
Par. (19).
2004—Par. (2).
Par. (3).
Par. (4).
Par. (5).
Par. (6).
Par. (7).
Par. (8).
Pars. (9), (10).
Par. (11).
Par. (12).
Par. (13).
Par. (14).
Pars. (15), (16).
Par. (17).
Par. (18).
Pars. (19), (20).
Par. (21).
Par. (22).
2000—Pars. (8) to (17).
1998—Par. (3).
Par. (8).
Pars. (10) to (13).
Par. (14).
Par. (15).
Par. (16).
1996—Par. (6).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
§50903. General authority
(a)
(b)
(1) encourage, facilitate, and promote commercial space launches and reentries by the private sector, including those involving space flight participants; and
(2) take actions to facilitate private sector involvement in commercial space transportation activity, and to promote public-private partnerships involving the United States Government, State governments, and the private sector to build, expand, modernize, or operate a space launch and reentry infrastructure.
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70103(a) | 49 App.:2604(a) (1st–10th words). | Oct. 30, 1984, |
| 70103(b) | 49 App.:2604(a) (11th–15th words, cls. (1), (3)). | Oct. 30, 1984, |
| 70103(c) | 49 App.:2604(b). |
In subsection (a), the words "be responsible for" are omitted as surplus.
In subsection (c), the words "To the extent permitted by law" are omitted as surplus. The words "the head of an executive agency" are substituted for "Federal agencies" for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments
2010—
2004—Subsec. (b)(1).
Subsecs. (c), (d).
1998—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Launch Services Strategy
"(a)
"(b)
"(1) the results of the Request for Information on small to medium-sized launch services released on April 22, 2008;
"(2) an analysis of possible alternatives to maintain small and medium-sized lift capabilities after June 30, 2010, including the use of the Department of Defense's Evolved Expendable Launch Vehicle (EELV);
"(3) the recommended alternatives, and associated 5-year budget plans starting in October 2010 that would enable their implementation; and
"(4) a contingency plan in the event the recommended alternatives described in paragraph (3) are not available when needed."
Executive Documents
Ex. Ord. No. 12465. Coordination and Encouragement of Commercial Expendable Launch Vehicle Activities
Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to encourage, facilitate and coordinate the development of commercial expendable launch vehicle (ELV) operations by private United States enterprises, it is hereby ordered as follows:
(a) act as a focal point within the Federal government for private sector space launch contacts related to commercial ELV operations;
(b) promote and encourage commercial ELV operations in the same manner that other private United States commercial enterprises are promoted by United States agencies;
(c) provide leadership in the establishment, within affected departments and agencies, of procedures that expedite the processing of private sector requests to obtain licenses necessary for commercial ELV launches and the establishment and operation of commercial launch ranges;
(d) consult with other affected agencies to promote consistent application of ELV licensing requirements for the private sector and assure fair and equitable treatment for all private sector applicants;
(e) serve as a single point of contact for collection and dissemination of documentation related to commercial ELV licensing applications;
(f) make recommendations to affected agencies and, as appropriate, to the President, concerning administrative measures to streamline Federal government procedures for licensing of commercial ELV activities;
(g) identify Federal statutes, treaties, regulations and policies which may have an adverse impact on ELV commercialization efforts and recommend appropriate changes to affected agencies and, as appropriate, to the President; and
(h) conduct appropriate planning regarding long-term effects of Federal activities related to ELV commercialization.
(a) provide the Secretary of Transportation with information concerning agency regulatory actions which may affect development of commercial ELV operations;
(b) review and revise their regulations and procedures to eliminate unnecessary regulatory obstacles to the development of commercial ELV operations and to ensure that those regulations and procedures found essential are administered as efficiently as possible; and
(c) establish timetables for the expeditious handling of and response to applications for licenses and approvals for commercial ELV activities.
Ronald Reagan.
§50904. Restrictions on launches, operations, and reentries
(a)
(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
(4) for a citizen of the United States (as defined in
Notwithstanding this subsection, a permit shall not authorize a person to operate a launch site or reentry site.
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70104(a) | 49 App.:2605(a). | Oct. 30, 1984, |
| 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 (
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).
2010—
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
2004—Subsec. (a).
Subsec. (b).
Subsec. (d).
1998—
Subsec. (a)(1), (2).
Subsec. (a)(3), (4).
Subsec. (b).
Subsec. (c).
§50905. License applications and requirements
(a)
(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel (including approval procedures for the purpose of protecting the health and safety of crew, government astronauts, and space flight participants, to the extent permitted by subsections (b) and (c)) that may be used in conducting licensed commercial space launch or reentry activities.
(b)
(2) The Secretary may prescribe—
(A) any term necessary to ensure compliance with this chapter, including on-site verification that a launch, operation, or reentry complies with representations stated in the application;
(B) any additional requirement necessary to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States;
(C) by regulation that a requirement of a law of the United States not be a requirement for a license or permit if the Secretary, after consulting with the head of the appropriate executive agency, decides that the requirement is not necessary to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;
(D) additional license requirements, for a launch vehicle carrying a human being for compensation or hire, necessary to protect the health and safety of crew, government astronauts, or space flight participants, only if such requirements are imposed pursuant to final regulations issued in accordance with subsection (c); and
(E) regulations establishing criteria for accepting or rejecting an application for a license or permit under this chapter within 60 days after receipt of such application.
(3) The Secretary may waive a requirement, including the requirement to obtain a license, for an individual applicant if the Secretary decides that the waiver is in the public interest and will not jeopardize the public health and safety, safety of property, and national security and foreign policy interests of the United States. The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.
(4) The holder of a license or a permit under this chapter may launch or reenter crew only if—
(A) the crew has received training and has satisfied medical or other standards specified in the license or permit in accordance with regulations promulgated by the Secretary;
(B) the holder of the license or permit has informed any individual serving as crew in writing, prior to executing any contract or other arrangement to employ that individual (or, in the case of an individual already employed as of the date of enactment of the Commercial Space Launch Amendments Act of 2004, as early as possible, but in any event prior to any launch in which the individual will participate as crew), that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants; and
(C) the holder of the license or permit and crew have complied with all requirements of the laws of the United States that apply to crew.
(5) The holder of a license or a permit under this chapter may launch or reenter a space flight participant only if—
(A) in accordance with regulations promulgated by the Secretary, the holder of the license or permit has informed the space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type, and the Secretary has informed the space flight participant in writing of any relevant information related to risk or probable loss during each phase of flight gathered by the Secretary in making the determination required by section 50914(a)(2) and (c);
(B) the holder of the license or permit has informed any space flight participant in writing, prior to receiving any compensation from that space flight participant or (in the case of a space flight participant not providing compensation) otherwise concluding any agreement to fly that space flight participant, that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants;
(C) in accordance with regulations promulgated by the Secretary, the space flight participant has provided written informed consent to participate in the launch and reentry and written certification of compliance with any regulations promulgated under paragraph (6)(A); and
(D) the holder of the license or permit has complied with any regulations promulgated by the Secretary pursuant to paragraph (6).
(6)(A) The Secretary may issue regulations requiring space flight participants to undergo an appropriate physical examination prior to a launch or reentry under this chapter. This subparagraph shall cease to be in effect three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004.
(B) The Secretary may issue additional regulations setting reasonable requirements for space flight participants, including medical and training requirements. Such regulations shall not be effective before the expiration of 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004.
(c)
(1)
(2)
(A) describe how such regulations would be applied when the Secretary is determining whether to issue a license under this chapter;
(B) apply only to launches in which a vehicle will be carrying a human being for compensation or hire;
(C) be limited to restricting or prohibiting design features or operating practices that—
(i) have resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew, government astronauts, or space flight participants during a licensed or permitted commercial human space flight; or
(ii) contributed to an unplanned event or series of events during a licensed or permitted commercial human space flight that posed a high risk of causing a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew, government astronauts, or space flight participants; and
(D) be issued with a description of the instance or instances when the design feature or operating practice being restricted or prohibited contributed to a result or event described in subparagraph (C).
(3)
(4)
(5)
(A)
(B)
(i) any voluntary industry consensus standards that have been accepted by the industry at large;
(ii) the identification of areas that have the potential to become voluntary industry consensus standards that are currently under consideration by the industry at large;
(iii) an assessment from the Secretary on the general progress of the industry in adopting voluntary industry consensus standards;
(iv) any lessons learned about voluntary industry consensus standards, best practices, and commercial space launch operations;
(v) any lessons learned associated with the development, potential application, and acceptance of voluntary industry consensus standards, best practices, and commercial space launch operations; and
(vi) recommendations, findings, or observations from the Commercial Space Transportation Advisory Committee, or its successor organization, on the progress of the industry in developing voluntary industry consensus standards that promote best practices to improve industry safety.
(6)
(7)
(8)
(A) the progress of the commercial space industry in adopting voluntary industry consensus standards as reported by the Secretary in the interim assessments included in the reports under paragraph (5);
(B) the progress of the commercial space industry toward meeting the key industry metrics identified by the report under paragraph (6), including the knowledge and operational experience obtained by the commercial space industry while providing services for compensation or hire; and
(C) whether the areas identified in the reports under paragraph (5) are appropriate for regulatory action, or further development of voluntary industry consensus standards, considering the progress evaluated in subparagraphs (A) and (B) of this paragraph.
(9)
(10)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70105(a) | 49 App.:2606 (1st sentence). | Oct. 30, 1984, |
| 49 App.:2608(a) (1st sentence), (b) (1st, 3d, last sentences). | ||
| 70105(b)(1) | 49 App.:2607(a)(1). | |
| 70105(b) (2)(A) | 49 App.:2608(b) (2d sentence). | |
| 70105(b) (2)(B) | 49 App.:2607(b). | |
| 70105(b) (2)(C) | 49 App.:2607(a)(2). | |
| 70105(b)(3) | 49 App.:2607(c). | |
| 70105(c) | 49 App.:2608(a) (last sentence). |
In subsection (a), the words "for launching one or more launch vehicles or for operating one or more launch sites, or both" in 49 App.:2606 are omitted as surplus.
In subsection (b)(2)(C), the words "that would otherwise apply to the launch of a launch vehicle or the operation of a launch site" are omitted as surplus. The words "the head of" are added for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
References in Text
Subsection (b)(2)(D), referred to in subsec. (a)(1), was redesignated subsection (b)(2)(E) by
The date of enactment of the Commercial Space Launch Amendments Act of 2004, referred to in subsec. (b)(4)(B), (6), is the date of enactment of
The date of enactment of the SPACE Act of 2015, referred to in subsec. (c)(6), is the date of enactment of title I of
Amendments
2024—Subsec. (c)(9).
2023—Subsec. (c)(9).
2015—Subsec. (a)(2).
Subsec. (b)(2)(D).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(2)(C).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (c)(5) to (9).
Subsec. (c)(10).
2012—Subsec. (c)(3).
2010—
Subsec. (b)(5)(A).
2004—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(2)(B).
Subsec. (b)(2)(C).
Subsec. (b)(2)(D).
Subsec. (b)(2)(E).
Subsec. (b)(3).
Subsec. (b)(4) to (6).
Subsec. (c).
Subsec. (d).
1998—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2)(A).
Subsec. (b)(2)(D).
Subsec. (b)(3).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. 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.
1 See References in Text note below.
§50906. Experimental permits
(a) A person may apply to the Secretary of Transportation for an experimental permit under this section in the form and manner the Secretary prescribes. Consistent with the protection of the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 120 days after receiving an application pursuant to this section, shall issue a permit if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 90 days after receiving an application. The Secretary shall transmit to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 15 days after any occurrence when the Secretary has failed to act on a permit within the deadline established by this section.
(b) In carrying out subsection (a), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel that may be used in conducting commercial space launch or reentry activities pursuant to a permit.
(c) In order to encourage the development of a commercial space flight industry, the Secretary may when issuing permits use the authority granted under section 50905(b)(2)(C).
(d) The Secretary may issue a permit only for reusable suborbital rockets or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit solely for—
(1) research and development to test design concepts, equipment, or operating techniques;
(2) showing compliance with requirements as part of the process for obtaining a license under this chapter; or
(3) crew training for a launch or reentry using the design of the rocket or vehicle for which the permit would be issued.
(e) Permits issued under this section shall—
(1) authorize an unlimited number of launches and reentries for a particular suborbital rocket or suborbital rocket design, or for a particular reusable launch vehicle or reusable launch vehicle design, for the uses described in subsection (d); and
(2) specify the type of modifications that may be made to the suborbital rocket or launch vehicle without changing the design to an extent that would invalidate the permit.
(f) Permits shall not be transferable.
(g) The Secretary may issue a permit under this section notwithstanding any license issued under this chapter. The issuance of a license under this chapter may not invalidate a permit issued under this section.
(h) No person may operate a reusable suborbital rocket or reusable launch vehicle under a permit for carrying any property or human being for compensation or hire.
(i) For the purposes of
(1) a permit shall be considered a license;
(2) the holder of a permit shall be considered a licensee;
(3) a vehicle operating under a permit shall be considered to be licensed; and
(4) the issuance of a permit shall be considered licensing.
This subsection shall not be construed to allow the transfer of a permit.
(Added
Editorial Notes
Amendments
2015—Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(3).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (g).
Subsec. (h).
2010—
Subsec. (c).
Subsec. (i).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. 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.
§50907. Monitoring activities
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70106(a) | 49 App.:2613(a). | Oct. 30, 1984, |
| 70106(b) | 49 App.:2613(b). |
In subsection (a), the word "duties" is substituted for "responsibilities" for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments
2015—Subsec. (a).
2010—
Subsec. (a).
2004—Subsec. (a).
1998—Subsec. (a).
§50908. Effective periods, and modifications, suspensions, and revocations, of licenses
(a)
(b)
(2) The Secretary shall modify a license issued or transferred under this chapter whenever a modification is needed for the license to be in conformity with a regulation that was issued pursuant to section 50905(c) after the issuance of the license. This paragraph shall not apply to permits.
(c)
(1) the licensee has not complied substantially with a requirement of this chapter or a regulation prescribed under this chapter; or
(2) the suspension or revocation is necessary to protect the public health and safety, the safety of property, or a national security or foreign policy interest of the United States.
(d)
(2) Any suspension imposed under this subsection shall be for as brief a period as possible and, in any event, shall cease when the Secretary—
(A) has determined that the licensee has taken sufficient steps to reduce the likelihood of a recurrence of the serious or fatal injury; or
(B) has modified the license pursuant to subsection (b) to sufficiently reduce the likelihood of a recurrence of the serious or fatal injury.
(3) This subsection shall not apply to permits.
(e)
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70107(a) | 49 App.:2606 (last sentence). | Oct. 30, 1984, |
| 70107(b) | 49 App.:2609(b). | |
| 70107(c) | 49 App.:2609(a). | |
| 70107(d) | 49 App.:2609(c). | |
| 70107(e) | 49 App.:2609(d). |
In subsection (a), the words "of time" and "in accordance with regulations issued under this chapter" are omitted as surplus.
In subsection (b), the words "the requirements of" are omitted as surplus.
In subsection (e), the words "Whenever the Secretary takes any action" are omitted as surplus.
Editorial Notes
Amendments
2015—Subsec. (d)(1).
2010—
Subsec. (b)(2).
Subsec. (e).
2004—Subsec. (b).
Subsecs. (d) to (f).
§50909. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70108(a) | 49 App.:2610(a). | Oct. 30, 1984, |
| 70108(b) | 49 App.:2610(b). |
Editorial Notes
Amendments
2010—
Subsec. (b).
1998—
Subsec. (a).
§50910. Preemption of scheduled launches or reentries
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70109(a) | 49 App.:2614(b)(4)(A) (1st, last sentences). | Oct. 30, 1984, |
| 70109(b) | 49 App.:2614(b)(4)(A) (2d sentence). | |
| 70109(c) | 49 App.:2614(b)(4)(B). |
Editorial Notes
Amendments
2010—
1998—
Subsec. (a).
Subsec. (c).
§50911. Space advertising
(a)
(1) issue or transfer a license under this chapter; or
(2) waive the license requirements of this chapter.
(b)
(c)
(1) commercial space transportation vehicles;
(2) space infrastructure payloads;
(3) space launch facilities; and
(4) launch support facilities.
(Added
Editorial Notes
Amendments
2010—
Statutory Notes and Related Subsidiaries
Negotiation With Foreign Launching Nations
"(1) The President is requested to negotiate with foreign launching nations for the purpose of reaching one or more agreements that prohibit the use of outer space for obtrusive space advertising purposes.
"(2) It is the sense of the Congress that the President should take such action as is appropriate and feasible to enforce the terms of any agreement to prohibit the use of outer space for obtrusive space advertising purposes.
"(3) As used in this subsection, the term 'foreign launching nation' means a nation—
"(A) that launches, or procures the launching of, a payload into outer space; or
"(B) from the territory or facility of which a payload is launched into outer space."
§50912. Administrative hearings and judicial review
(a)
(1) an applicant under this chapter, for a decision of the Secretary under
(2) an owner or operator of a payload under this chapter, for a decision of the Secretary under
(3) a licensee under this chapter, for a decision of the Secretary under—
(A) section 50908(b) or (c) of this title to modify, suspend, or revoke a license; or
(B)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70110(a)(1) | 49 App.:2611(a)(1) (1st sentence). | Oct. 30, 1984, |
| 70110(a)(2) | 49 App.:2611(a)(1) (last sentence). | |
| 70110(a)(3) | 49 App.:2611(a)(2). | |
| 70110(b) | 49 App.:2611(b). |
In subsection (a), before clause (1), the words "The Secretary of Transportation shall provide an opportunity for a hearing on the record to" are substituted for "shall be entitled to a determination on the record after an opportunity for a hearing" for consistency in the revised title. The words "in accordance with
In subsection (b), the words "to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify a license or to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary or to prevent the launch of a payload" are omitted as surplus.
Editorial Notes
Amendments
2010—
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3)(A).
Subsec. (a)(3)(B).
2004—Subsec. (a)(1).
1998—Subsec. (a)(2).
Subsec. (a)(3)(B).
§50913. Acquiring United States Government property and services
(a)
(A) launch or reentry property of the United States Government that is excess or otherwise is not needed for public use; and
(B) launch services and reentry services, including utilities, of the Government otherwise not needed for public use.
(2) In acting under paragraph (1) of this subsection, the Secretary shall consider the commercial availability on reasonable terms of substantially equivalent launch property or launch services or reentry services from a domestic source, whether such source is located on or off a Federal range.
(b)
(A) can be associated unambiguously with a commercial launch or reentry effort; and
(B) the Government would not incur if there were no commercial launch or reentry effort.
(2) In consultation with the Secretary, the head of the executive agency providing the property or service under subsection (a) of this section shall establish the price for the property or service. The price for—
(A) acquiring launch property by sale or transaction instead of sale is the fair market value;
(B) acquiring launch property (except by sale or transaction instead of sale) is an amount equal to the direct costs, including specific wear and tear and property damage, the Government incurred because of acquisition of the property; and
(C) launch services or reentry services is an amount equal to the direct costs, including the basic pay of Government civilian and contractor personnel, the Government incurred because of acquisition of the services.
(3) The Secretary shall ensure the establishment of uniform guidelines for, and consistent implementation of, this section by all Federal agencies.
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70111(a) | 49 App.:2614(a). | Oct. 30, 1984, |
| 70111(b) | 49 App.:2614(b)(1). | Oct. 30, 1984, |
| 70111(c) | 49 App.:2614(b)(2), (3). | Oct. 30, 1984, |
| 70111(d) | 49 App.:2614(d). | Oct. 30, 1984, |
In subsection (a)(1), before clause (A), the words "take such actions as may be necessary to" and "(by lease, sale, transaction in lieu of sale, or otherwise)" are omitted as surplus.
In subsections (b)(2) and (c), the words "the head of" are added for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(2), before clause (A), the word "price" is substituted for "amount to be paid to the United States" and "the amount of such payment" to eliminate unnecessary words. The words "by any person who acquires launch property or launch services, including utilities" are omitted as surplus. In clause (C), the words "including utilities" are omitted as surplus. The words "basic pay" are substituted for "salaries" for clarity.
In subsection (c), the word "collected" is substituted for "received" for consistency in this section. The words "by the United States for launch property or launch services, including utilities" and "the general fund of" are omitted as surplus.
In subsection (d), the words "department, agency, or instrumentality of the Government" are substituted for "Federal agency or department" for consistency in the revised title and with other titles of the Code.
Editorial Notes
Amendments
2010—
1998—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(2).
Subsec. (b)(1)(A), (B).
Subsec. (b)(2)(C).
Subsec. (b)(3).
Subsec. (d).
§50914. Liability insurance and financial responsibility requirements
(a)
(A) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out under the license; and
(B) the United States Government against a person for damage or loss to Government property resulting from an activity carried out under the license.
(2) The Secretary of Transportation shall determine the amounts required under paragraph (1)(A) and (B) of this subsection, after consulting with the Administrator of the National Aeronautics and Space Administration, the Secretary of the Air Force, and the heads of other appropriate executive agencies.
(3) For the total claims related to one launch or reentry, a licensee or transferee is not required to obtain insurance or demonstrate financial responsibility of more than—
(A)(i) $500,000,000 under paragraph (1)(A) of this subsection; or
(ii) $100,000,000 under paragraph (1)(B) of this subsection; or
(B) the maximum liability insurance available on the world market at reasonable cost if the amount is less than the applicable amount in clause (A)(i) or (ii) of this paragraph.
(4) An insurance policy or demonstration of financial responsibility under this subsection shall protect the following, to the extent of their potential liability for involvement in launch services or reentry services, at no cost to the Government:
(A) the Government.
(B) executive agencies and personnel, contractors, and subcontractors of the Government.
(C) contractors, subcontractors, and customers of the licensee or transferee.
(D) contractors and subcontractors of the customer.
(E) space flight participants.
(5) Subparagraph (E) of paragraph (4) ceases to be effective September 30, 2025.
(b)
(B) In this paragraph, the term "applicable parties" means—
(i) contractors, subcontractors, and customers of the licensee or transferee;
(ii) contractors and subcontractors of the customers; and
(iii) space flight participants.
(C) Clause (iii) of subparagraph (B) ceases to be effective September 30, 2025.
(2) The Secretary of Transportation shall make, for the Government, executive agencies of the Government involved in launch services or reentry services, and contractors and subcontractors involved in launch services or reentry services, a reciprocal waiver of claims with the licensee or transferee, contractors, subcontractors, crew, space flight participants, and customers of the licensee or transferee, and contractors and subcontractors of the customers, involved in launch services or reentry services under which each party to the waiver agrees to be responsible for property damage or loss it sustains, or for personal injury to, death of, or property damage or loss sustained by its own employees or by space flight participants, resulting from an activity carried out under the applicable license. The waiver applies only to the extent that claims are more than the amount of insurance or demonstration of financial responsibility required under subsection (a)(1)(B) of this section. After consulting with the Administrator and the Secretary of the Air Force, the Secretary of Transportation may waive, for the Government and a department, agency, and instrumentality of the Government, the right to recover damages for damage or loss to Government property to the extent insurance is not available because of a policy exclusion the Secretary of Transportation decides is usual for the type of insurance involved.
(c)
(d)
(2) Not later than May 15 of each year, the Secretary of Transportation shall review the amounts specified in subsection (a)(3)(A) of this section and submit a report to Congress that contains proposed adjustments in the amounts to conform with changed liability expectations and availability of insurance on the world market. The proposed adjustment takes effect 30 days after a report is submitted.
(e)
(f)
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70112(a)(1), (2) | 49 App.:2615(a)(1)(A) (1st sentence), (B) (1st sentence). | Oct. 30, 1984, |
| 70112(a)(3) | 49 App.:2615(a)(1)(A) (last sentence), (B) (last sentence). | |
| 70112(a)(4) | 49 App.:2615(a)(2). | |
| 70112(b)(1) | 49 App.:2615(a)(1)(C). | |
| 70112(b)(2) | 49 App.:2615(a)(1)(D). | |
| 70112(c) | 49 App.:2615(a)(3) (1st, 2d sentences). | |
| 70112(d)(1) | 49 App.:2615(a)(3) (last sentence). | |
| 70112(d)(2) | 49 App.:2615(a)(4). | |
| 70112(e) | 49 App.:2614(c). | Oct. 30, 1984, |
| 70112(f) | 49 App.:2615(c). |
In subsection (a), the word "particular" is omitted as surplus.
In subsection (a)(1), before clause (A), the word "sufficient" is omitted as surplus. In clauses (A) and (B), the words "in connection with any particular launch" are omitted as surplus.
In subsection (a)(4), before clause (A), the words "made . . . a requirement described in" are omitted as surplus.
In subsection (b)(2), the words "department, agency, and instrumentality of the Government" are substituted for "Federal agency" for consistency in the revised title and with other titles of the United States Code.
In subsection (d)(2), the words "if appropriate" are omitted as surplus.
In subsection (f), the words "department, agency, or instrumentality of the Government" are substituted for "Federal agency or department" for consistency in the revised title and with other titles of the Code. The words "insurance proceeds or . . . other" and "proceeds or other" are omitted as surplus.
Pub. L. 104–287, §5(93)
This amends 49:70112(a)(3)(B) to clarify a cross-reference in the codification enacted by section 1 of the Act of July 5, 1994 (
Editorial Notes
Amendments
2015—Subsec. (a)(4)(E).
Subsec. (a)(5).
Subsec. (b)(1).
Subsec. (g).
2010—
2004—Subsec. (b)(2).
1998—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (e).
Subsec. (f).
1996—Subsec. (a)(3)(B).
Subsec. (d)(1).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. 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.
Effective Date of 1996 Amendment
Amendment by section 5(93) of
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 2nd item on page 133 identifies a reporting provision which, as subsequently amended, is contained in subsec. (d)(1) of this section), see section 3003 of
§50915. Paying claims exceeding liability insurance and financial responsibility requirements
(a)
(A) is more than the amount of insurance or demonstration of financial responsibility required under
(B) is not more than $1,500,000,000 (plus additional amounts necessary to reflect inflation occurring after January 1, 1989) above that insurance or financial responsibility amount.
(2) The Secretary may not provide for paying a part of a claim for which death, bodily injury, or property damage or loss results from willful misconduct by the licensee or transferee. To the extent insurance required under
(3)(A) A person described in this subparagraph is—
(i) a licensee or transferee under this chapter;
(ii) a contractor, subcontractor, or customer of the licensee or transferee;
(iii) a contractor or subcontractor of a customer; or
(iv) a space flight participant.
(B) Clause (iv) of subparagraph (A) ceases to be effective September 30, 2025.
(b)
(1) notice must be given to the Government of a claim, or a civil action related to the claim, against a party described in subsection (a)(1) of this section for death, bodily injury, or property damage or loss;
(2) the Government must be given an opportunity to participate or assist in the defense of the claim or action; and
(3) the Secretary must approve any part of a settlement to be paid out of appropriations of the Government.
(c)
(d)
(A) survey the causes and extent of damage; and
(B) submit expeditiously to Congress a report on the results of the survey.
(2) Not later than 90 days after a court determination indicates that the liability for the total of claims related to one launch or reentry may be more than the required amount of insurance or demonstration of financial responsibility, the President, on the recommendation of the Secretary, shall submit to Congress a compensation plan that—
(A) outlines the total dollar value of the claims;
(B) recommends sources of amounts to pay for the claims;
(C) includes legislative language required to carry out the plan if additional legislative authority is required; and
(D) for a single event or incident, may not be for more than $1,500,000,000.
(3) A compensation plan submitted to Congress under paragraph (2) of this subsection shall—
(A) have an identification number; and
(B) be submitted to the Senate and the House of Representatives on the same day and when the Senate and House are in session.
(e)
(A) means a joint resolution of Congress the matter after the resolving clause of which is as follows: "That the Congress approves the compensation plan numbered __________ submitted to the Congress on __________ XX, 20____.", with the blank spaces being filled appropriately; but
(B) does not include a resolution that includes more than one compensation plan.
(2) The Senate shall consider under this subsection a compensation plan requiring additional appropriations or legislative authority not later than 60 calendar days of continuous session of Congress after the date on which the plan is submitted to Congress.
(3) A resolution introduced in the Senate shall be referred immediately to a committee by the President of the Senate. All resolutions related to the same plan shall be referred to the same committee.
(4)(A) If the committee of the Senate to which a resolution has been referred does not report the resolution within 20 calendar days after it is referred, a motion is in order to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of the plan.
(B) A motion to discharge may be made only by an individual favoring the resolution and is highly privileged (except that the motion may not be made after the committee has reported a resolution on the plan). Debate on the motion is limited to one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order. A motion to reconsider the vote by which the motion is agreed to or disagreed to is not in order.
(C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed and another motion to discharge the committee from another resolution on the same plan may not be made.
(5)(A) After a committee of the Senate reports, or is discharged from further consideration of, a resolution, a motion to proceed to the consideration of the resolution is in order at any time, even though a similar previous motion has been disagreed to. The motion is highly privileged and is not debatable. An amendment to the motion is not in order. A motion to reconsider the vote by which the motion is agreed to or disagreed to is not in order.
(B) Debate on the resolution referred to in subparagraph (A) of this paragraph is limited to not more than 10 hours, to be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.
(6) The following shall be decided in the Senate without debate:
(A) a motion to postpone related to the discharge from committee.
(B) a motion to postpone consideration of a resolution.
(C) a motion to proceed to the consideration of other business.
(D) an appeal from a decision of the chair related to the application of the rules of the Senate to the procedures related to a resolution.
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70113(a) | 49 App.:2615(b)(1). | Oct. 30, 1984, |
| 70113(b) | 49 App.:2615(b)(2). | |
| 70113(c) | 49 App.:2615(b)(3). | |
| 70113(d)(1) | 49 App.:2615(b)(4)(A). | |
| 70113(d)(2) | 49 App.:2615(b)(4)(B). | |
| 70113(d)(3) | 49 App.:2615(b)(4)(C). | |
| 70113(e)(1) | 49 App.:2615(b) (4)(D)(i), (iii). | |
| 70113(e)(2) | 49 App.:2615(b) (4)(D)(ii). | |
| 70113(e)(3) | 49 App.:2615(b) (4)(D)(iv). | |
| 70113(e)(4) | 49 App.:2615(b) (4)(D)(v). | |
| 70113(e)(5) | 49 App.:2615(b) (4)(D)(vi). | |
| 70113(e)(6) | 49 App.:2615(b) (4)(D)(vii). | |
| 70113(f) | 49 App.:2615(b)(5). | Oct. 30, 1984, |
In subsection (a)(1), before clause (A), the word "particular" is omitted as surplus. In clause (B), the words "the level that is" are omitted as surplus.
In subsection (b)(1), the words "civil action" are substituted for "suit" for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b)(2), the words "the Government must be given an opportunity" are substituted for "by the United States, at its election" for clarity.
In subsection (c), the words "just and" and "judgment" are omitted as surplus.
In subsection (d), the word "particular" is omitted as surplus.
In subsection (d)(2), before clause (A), the words "or plans" are omitted because of 1:1.
In subsection (e)(1), before clause (A), the text of 49 App.:2615(b)(4)(D)(i) is omitted as surplus. In clause (A), the word "only" is omitted as surplus. The word "Congress" is substituted for "the first blank space therein being filled with the name of the resolving House" to correct an error in the law.
In subsection (e)(3), the words "once introduced with respect to a compensation plan" are omitted as surplus.
In subsection (e)(4)(A), the word "either" is omitted as surplus.
In subsection (f), the word "only" is omitted as surplus.
Pub. L. 104–287
This amends 49:70113(e)(6)(D) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (
Editorial Notes
Amendments
2015—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (f).
2014—Subsec. (f).
2013—Subsec. (f).
2010—
Subsec. (a)(1)(A).
Subsec. (a)(2).
2009—Subsec. (f).
2004—Subsec. (a)(1).
Subsec. (f).
2000—Subsec. (e)(1)(A).
Subsec. (f).
1999—Subsec. (f).
1998—Subsecs. (a)(1), (d)(1), (2).
1996—Subsec. (e)(6)(D).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
§50916. Disclosing information
The Secretary of Transportation, an officer or employee of the United States Government, or a person making a contract with the Secretary under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70114 | 49 App.:2608(c). | Oct. 30, 1984, |
The words "data or" are omitted as surplus. The words "the head of" and "executive" are added for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments
2010—
§50917. Enforcement and penalty
(a)
(b)
(A) conduct investigations and inquiries;
(B) administer oaths;
(C) take affidavits; and
(D) under lawful process—
(i) enter at a reasonable time a launch site, reentry site, production facility, assembly site of a launch vehicle or reentry vehicle, crew or space flight participant training site, or site at which a payload is integrated with a launch vehicle or reentry vehicle to inspect an object to which this chapter applies or a record or report the Secretary requires be made or kept under this chapter; and
(ii) seize the object, record, or report when there is probable cause to believe the object, record, or report was used, is being used, or likely will be used in violation of this chapter.
(2) The Secretary may delegate a duty or power under this chapter related to enforcement to an officer or employee of another executive agency with the consent of the head of the agency.
(c)
(2) In conducting a hearing under paragraph (1) of this subsection, the Secretary may—
(A) subpena witnesses and records; and
(B) enforce a subpena in an appropriate district court of the United States.
(3) The Secretary shall impose the civil penalty by written notice. The Secretary may compromise or remit a penalty imposed, or that may be imposed, under this section.
(4) The Secretary shall recover a civil penalty not paid after the penalty is final or after a court enters a final judgment for the Secretary.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70115(a) | 49 App.:2617. | Oct. 30, 1984, |
| 70115(b)(1) | 49 App.:2616(b). | |
| 70115(b)(2) | 49 App.:2616(a). | |
| 70115(c)(1) | 49 App.:2618(a) (1st, 2d sentences). | |
| 70115(c)(2) | 49 App.:2618(c). | |
| 70115(c)(3) | 49 App.:2618(a) (3d, last sentences). | |
| 70115(c)(4) | 49 App.:2618(b). |
In subsection (a), the words "a requirement of" are omitted as surplus. The word "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the United States Code. The words "condition, or restriction" are omitted as surplus.
In subsection (b)(1)(A)–(C), the words "concerning any matter relating to enforcement of this chapter" are omitted as surplus.
In subsection (b)(1)(B) and (C), the words "from any person" are omitted as surplus.
In subsection (b)(1)(B), the word "affirmation" is omitted because of 1:1.
In subsection (b)(2), the text of 49 App.:2616(a) (1st sentence) is omitted as surplus because the Secretary of Transportation enforces programs the Secretary carries out unless otherwise provided. The words "the exercise of" are omitted as surplus. The words "duty or power" are substituted for "authority" for consistency in the revised title and with other titles of the Code. The words "to any officer or employee of the Department of Transportation" are omitted as surplus because of 49:322(b).
In subsection (c)(1), the words "in accordance with
In subsection (c)(2), the words "relevant papers, books, documents, and other" are omitted as surplus. The words "(3) administer oaths and affirmatives" are omitted as surplus because of subsection (b)(1)(B) of this section.
In subsection (c)(3), the word "impose" is substituted for "assessed" for consistency in the revised title and with other titles of the Code. The words "amount of such" and "modify . . . with or without conditions" are omitted as surplus.
Subsection (c)(4) is substituted for 49 App.:2618(b) to eliminate unnecessary words.
Editorial Notes
Amendments
2010—
2004—Subsec. (b)(1)(D)(i).
1998—Subsec. (b)(1)(D)(i).
§50918. Consultation
(a)
(b)
(c)
(1) to provide consistent application of licensing requirements under this chapter;
(2) to ensure fair treatment for all license applicants; and
(3) when appropriate.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70116(a) | 49 App.:2619(a). | Oct. 30, 1984, |
| 70116(b) | 49 App.:2619(b). | |
| 70116(c) | 49 App.:2604(a)(2). | Oct. 30, 1984, |
| 49 App.:2619(c). |
In subsections (a) and (b), the words "including the issuance or transfer of each license" and "be responsible for" are omitted as surplus.
In subsection (c), before clause (1), the words "the head of" and "executive" are added for consistency in the revised title and with other titles of the United States Code. In clause (2), the words "and equitable" in 49 App.:2604(a)(2) are omitted as surplus.
Editorial Notes
Amendments
2010—
Statutory Notes and Related Subsidiaries
Streamline Commercial Space Launch Activities
"(a)
"(b)
"(1) promote commercial space launches and reentries by the private sector;
"(2) facilitate Government, State, and private sector involvement in enhancing United States launch sites and facilities;
"(3) protect public health and safety, safety of property, national security interests, and foreign policy interests of the United States; and
"(4) consult with the head of another executive agency, including the Secretary of Defense or the Administrator of the National Aeronautics and Space Administration, as necessary to provide consistent application of licensing requirements under
"(c)
"(1)
"(A) to identify all requirements that are imposed to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States relevant to any commercial launch of a launch vehicle or commercial reentry of a reentry vehicle; and
"(B) to evaluate the requirements identified in subparagraph (A) and, in coordination with the licensee or transferee and the heads of the relevant executive agencies—
"(i) determine whether the satisfaction of a requirement of one agency could result in the satisfaction of a requirement of another agency; and
"(ii) resolve any inconsistencies and remove any outmoded or duplicative requirements or approvals of the Federal Government relevant to any commercial launch of a launch vehicle or commercial reentry of a reentry vehicle.
"(2)
"(A)
"(B)
"(i) the Secretary determines that imposing a requirement described in that subparagraph is necessary to avoid negative consequences for the national security space program; and
"(ii) the Secretary notifies the Secretary of Transportation of such determination before making such waiver.
"(3)
"(A) A description of the process for the application for and approval of a permit or license under
"(i) any unique requirements for operating on a United States Government launch site, reentry site, or launch property; and
"(ii) any inconsistent, outmoded, or duplicative requirements or approvals.
"(B) A description of current efforts, if any, to coordinate and work across executive agencies to define interagency processes and procedures for sharing information, avoiding duplication of effort, and resolving common agency requirements.
"(C) Recommendations for legislation that may further—
"(i) streamline requirements in order to improve efficiency, reduce unnecessary costs, resolve inconsistencies, remove duplication, and minimize unwarranted constraints; and
"(ii) consolidate or modify requirements across affected agencies into a single application set that satisfies the requirements identified in paragraph (1)(A).
"(4)
"(A) any applicable definitions set forth in
"(B) the term 'appropriate congressional committees' means—
"(i) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives];
"(ii) the Committee on Commerce, Science, and Transportation of the Senate;
"(iii) the Committee on Science, Space, and Technology of the House of Representatives; and
"(iv) the Committee on Transportation and Infrastructure of the House of Representatives;
"(C) the terms 'launch', 'reenter', and 'reentry' include landing of a launch vehicle or reentry vehicle; and
"(D) the terms 'United States Government launch site' and 'United States Government reentry site' include any necessary facility, at that location, that is commercially operated on United States Government property.
"(d)
Substantially identical provisions were contained in the following act:
§50919. Relationship to other executive agencies, laws, and international obligations
(a)
(b)
(1) the Federal Communications Commission under the Communications Act of 1934 (
(2) the Secretary of Commerce under
(c)
(1) may not adopt or have in effect a law, regulation, standard, or order inconsistent with this chapter; but
(2) may adopt or have in effect a law, regulation, standard, or order consistent with this chapter that is in addition to or more stringent than a requirement of, or regulation prescribed under, this chapter.
(d)
(e)
(1) carry out this chapter consistent with an obligation the United States Government assumes in a treaty, convention, or agreement in force between the Government and the government of a foreign country; and
(2) consider applicable laws and requirements of a foreign country when carrying out this chapter.
(f)
(g)
(1)
(A) a launch, reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site, or other space activity the Government carries out for the Government; or
(B) planning or policies related to the launch, reentry, operation, or activity under subparagraph (A).
(2)
(A) A government astronaut being carried within a launch vehicle or reentry vehicle under this chapter.
(B) A government astronaut performing activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle under this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70117(a) | 49 App.:2605(c)(1). | Oct. 30, 1984, |
| 70117(b) | 49 App.:2605(c)(2). | |
| 70117(c) | 49 App.:2620(a) (1st, 2d sentences). | |
| 70117(d) | 49 App.:2620(a) (last sentence). | |
| 70117(e) | 49 App.:2620(d). | |
| 70117(f) | 49 App.:2620(b). | |
| 70117(g) | 49 App.:2620(c). |
In subsection (e)(1), the words "government of a foreign country" are substituted for "foreign nation" for consistency in the revised title and with other titles of the United States Code.
Pub. L. 104–287
This amends 49:70117(b)(2) by updating a cross-reference. Section 4 of the Land Remote Sensing Policy Act of 1992 (
Editorial Notes
References in Text
The Communications Act of 1934, referred to in subsec. (b)(1), is act June 19, 1934, ch. 652,
The Foreign Trade Zones Act, referred to in subsec. (f), is act June 18, 1934, ch. 590,
Amendments
2015—Subsec. (g).
"(1) a launch, reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site, or other space activity the Government carries out for the Government; or
"(2) planning or policies related to the launch, reentry, operation, or activity."
2010—
Subsec. (b)(2).
1998—Subsec. (a).
Subsec. (d).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(2).
1996—Subsec. (b)(2).
§50920. User fees
The Secretary of Transportation may collect a user fee for a regulatory or other service conducted under this chapter only if specifically authorized by this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70118 | 49 App.:2623 (last sentence). | Oct. 30, 1984, |
Editorial Notes
Amendments
2010—
§50921. Office of Commercial Space Transportation
There are authorized to be appropriated to the Secretary of Transportation for the activities of the Office of the Associate Administrator for Commercial Space Transportation—
(1) $11,941,000 for fiscal year 2005;
(2) $12,299,000 for fiscal year 2006;
(3) $12,668,000 for fiscal year 2007;
(4) $13,048,000 for fiscal year 2008; and
(5) $13,440,000 for fiscal year 2009.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70119 | 49 App.:2623 (less last sentence). | Oct. 30, 1984, |
In this section, the amendment by section 211 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 (
As to the applicability of section 219 of the Act (
Editorial Notes
Amendments
2010—
2004—Pars. (1) to (5).
"(1) $12,607,000 for fiscal year 2001; and
"(2) $16,478,000 for fiscal year 2002."
2000—
"(1) $6,275,000 for the fiscal year ending September 30, 1999; and
"(2) $6,600,000 for the fiscal year ending September 30, 2000."
1998—
"(1) $4,900,000 to carry out this chapter.
"(2) $20,000,000 for a program to ensure the resiliency of the space launch infrastructure of the United States if a law is enacted to establish that program in the Department of Transportation."
§50922. Regulations
(a)
(1) guidelines for industry and State governments to obtain sufficient insurance coverage for potential damages to third parties;
(2) procedures for requesting and obtaining licenses to launch a commercial launch vehicle;
(3) procedures for requesting and obtaining operator licenses for launch;
(4) procedures for requesting and obtaining launch site operator licenses; and
(5) procedures for the application of government indemnification.
(b)
(1) procedures for requesting and obtaining licenses to reenter a reentry vehicle;
(2) procedures for requesting and obtaining operator licenses for reentry; and
(3) procedures for requesting and obtaining reentry site operator licenses.
(c)
(2)(A) Starting 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary may issue final regulations changing the definition of suborbital rocket under this chapter. No such regulation may take effect until 180 days after the Secretary has submitted the regulation to the Congress.
(B) The Secretary may issue regulations under this paragraph only if the Secretary has determined that the definition in section 50902 does not describe, or will not continue to describe, all appropriate vehicles and only those vehicles. In making that determination, the Secretary shall take into account the evolving nature of the commercial space launch industry.
(d)
(2) As soon as practicable after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary shall issue guidelines or advisory circulars to guide the implementation of that Act until regulations are issued.
(3) Notwithstanding paragraphs (1) and (2), no licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board or permits may be issued starting three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004 unless the final regulations described in subsection (c) have been issued.
(Added
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsecs. (a) and (b), is the date of enactment of
The Commercial Space Launch Amendments Act of 2004, referred to in subsecs. (c) and (d), is
Amendments
2010—
Subsec. (c)(2)(B).
2004—Subsecs. (c), (d).
§50923. Report to Congress
The Secretary of Transportation shall submit to Congress an annual report to accompany the President's budget request that—
(1) describes all activities undertaken under this chapter, including a description of the process for the application for and approval of licenses under this chapter and recommendations for legislation that may further commercial launches and reentries; and
(2) reviews the performance of the regulatory activities and the effectiveness of the Office of Commercial Space Transportation.
(Added
Editorial Notes
Amendments
2010—
CHAPTER 511 —SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS
Editorial Notes
Amendments
2010—
§51101. Definitions
In this chapter—
(1) the definitions in
(2) "commercial space transportation infrastructure development" includes—
(A) construction, improvement, design, and engineering of space transportation infrastructure in the United States; and
(B) technical studies to define how new or enhanced space transportation infrastructure can best meet the needs of the United States commercial space transportation industry.
(3) "project" means a project (or separate projects submitted together) to carry out commercial space transportation infrastructure development, including the combined submission of all projects to be undertaken at a particular site in a fiscal year.
(4) "project grant" means a grant of an amount by the Secretary of Transportation to a sponsor for one or more projects.
(5) "public agency" means a State or an agency of a State, a political subdivision of a State, or a tax-supported organization.
(6) "sponsor" means a public agency that, individually or jointly with one or more other public agencies, submits to the Secretary under this chapter an application for a project grant.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70301 | 15:5804(a). | Nov. 4, 1992, |
Clause (1) is added to incorporate the definitions in 15:5802.
In clause (2), the word "includes" is substituted for "may include" for consistency in the revised title and with other titles of the United States Code.
In clause (5), the words "municipality or other" are omitted for consistency.
The text of 15:5804(5) is omitted as unnecessary because the complete name of the Secretary of Transportation is used the first time the term appears in a section.
Editorial Notes
Amendments
2010—
Par. (1).
§51102. Grant authority
(a)
(b)
(1) at least 10 percent of the total cost of the project will be paid by the private sector; and
(2) the grant will not be for more than 50 percent of the total cost of the project.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70302(a) | 15:5804(b) (1st sentence). | Nov. 4, 1992, |
| 70302(b) | 15:5804(f). |
In subsection (a), the words "of the United States" are substituted for "Nation's" for consistency.
Editorial Notes
Amendments
2010—
§51103. Grant applications
(a)
(b)
(A) the contribution of the project to industry capabilities that serve the United States Government's space transportation needs;
(B) the extent of industry's financial contribution to the project;
(C) the extent of industry's participation in the project;
(D) the positive impact of the project on the international competitiveness of the United States space transportation industry;
(E) the extent of State contributions to the project; and
(F) the impact of the project on launch operations and other activities at Government launch ranges.
(2) The Secretary of Transportation shall consult with the Secretary of Defense, the Administrator of the National Space and Aeronautics Administration, and the heads of other appropriate agencies of the Government about paragraph (1)(A) and (F) of this subsection.
(c)
(1) the project will contribute to the purposes of this chapter;
(2) the project is reasonably consistent with plans (existing at the time of approval of the project) of public agencies that are—
(A) authorized by the State in which the project is located; and
(B) responsible for the development of the area surrounding the project site;
(3) if the application proposes to use Government property, the specific consent of the head of the appropriate agency has been obtained;
(4) the project will be completed without unreasonable delay;
(5) the sponsor submitting the application has the legal authority to engage in the project; and
(6) any additional requirements prescribed by the Secretary have been met.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70303(a) | 15:5804(d)(1). | Nov. 4, 1992, |
| 70303(b)(1) | 15:5804(c)(1). | |
| 70303(b)(2) | 15:5804(c)(2). | |
| 70303(c) | 15:5804(d)(2). | |
| 70303(d) | 15:5804(c)(3). |
In subsection (a), the words "for one or more projects" are omitted as unnecessary because of the definition of "project" in section 70301 of the revised title.
In subsection (c)(5), the words "as proposed" are omitted as surplus.
Editorial Notes
Amendments
2010—
§51104. Environmental requirements
(a)
(b)
(c)
(2) The Secretary of Transportation shall condition the approval of an application on compliance with applicable air and water quality standards during construction and operation.
(d)
(1)
(2) title VI of the Civil Rights Act of 1964 (
(3) title VIII of the Act of April 11, 1968 (
(4) the National Environmental Policy Act of 1969 (
(5) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70304 | 15:5804(e). | Nov. 4, 1992, |
In subsection (a), the words "policy of the United States" are substituted for "national policy", and the words "of the United States" are substituted for "of the Nation", for consistency. The words "included in a project grant application" and "full and" are omitted as surplus.
In subsection (b), the words "of objectives" are omitted as surplus.
In subsection (c), the words "chief executive officer" are substituted for "Governor" for consistency in the revised title and because the word "State" includes the territories and possessions of the United States.
In subsection (d), before clause (1), the words "in connection with any project", "imposed on such sponsor under this section in connection with such project", and "or discharge" are omitted as surplus. The words "laws and regulations" are substituted for "statutory and administrative requirements" for consistency in the revised title.
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (d)(2), is
Title VIII of the Act of April 11, 1968, referred to in subsec. (d)(3), is title VIII of
The National Environmental Policy Act of 1969, referred to in subsec. (d)(4), is
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d)(5), is
Amendments
2010—
Subsec. (d)(1).
§51105. Authorization of appropriations
Not more than $10,000,000 may be appropriated to the Secretary of Transportation to make grants under this chapter. Amounts appropriated under this section remain available until expended.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70305 | 15:5804(b) (2d, last sentences). | Nov. 4, 1992, |
Editorial Notes
Amendments
2010—
CHAPTER 513 —SPACE RESOURCE COMMERCIAL EXPLORATION AND UTILIZATION
Editorial Notes
Amendments
2015—
§51301. Definitions
In this chapter:
(1)
(2)
(A)
(B)
(3)
(Added
§51302. Commercial exploration and commercial recovery
(a)
(1) facilitate commercial exploration for and commercial recovery of space resources by United States citizens;
(2) discourage government barriers to the development in the United States of economically viable, safe, and stable industries for commercial exploration for and commercial recovery of space resources in manners consistent with the international obligations of the United States; and
(3) promote the right of United States citizens to engage in commercial exploration for and commercial recovery of space resources free from harmful interference, in accordance with the international obligations of the United States and subject to authorization and continuing supervision by the Federal Government.
(b)
(1) the authorities necessary to meet the international obligations of the United States, including authorization and continuing supervision by the Federal Government; and
(2) recommendations for the allocation of responsibilities among Federal agencies for the activities described in paragraph (1).
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (b), is the date of enactment of
Executive Documents
Ex. Ord. No. 13914. Encouraging International Support for the Recovery and Use of Space Resources
Ex. Ord. No. 13914, Apr. 6, 2020, 85 F.R. 20381, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including title IV of the U.S. Commercial Space Launch Competitiveness Act (
Uncertainty regarding the right to recover and use space resources, including the extension of the right to commercial recovery and use of lunar resources, however, has discouraged some commercial entities from participating in this enterprise. Questions as to whether the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the "Moon Agreement") establishes the legal framework for nation states concerning the recovery and use of space resources have deepened this uncertainty, particularly because the United States has neither signed nor ratified the Moon Agreement. In fact, only 18 countries have ratified the Moon Agreement, including just 17 of the 95 Member States of the United Nations Committee on the Peaceful Uses of Outer Space. Moreover, differences between the Moon Agreement and the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies—which the United States and 108 other countries have joined—also contribute to uncertainty regarding the right to recover and use space resources.
Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law. Outer space is a legally and physically unique domain of human activity, and the United States does not view it as a global commons. Accordingly, it shall be the policy of the United States to encourage international support for the public and private recovery and use of resources in outer space, consistent with applicable law.
(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 order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order 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.
Donald J. Trump.
§51303. Asteroid resource and space resource rights
A United States citizen engaged in commercial recovery of an asteroid resource or a space resource under this chapter shall be entitled to any asteroid resource or space resource obtained, including to possess, own, transport, use, and sell the asteroid resource or space resource obtained in accordance with applicable law, including the international obligations of the United States.
(Added
CHAPTER 515 —OFFICE OF SPACEPORTS
Editorial Notes
Amendments
2018—
§51501. Establishment of Office of Spaceports
(a)
(b)
(1) support licensing activities for operation of launch and reentry sites;
(2) develop policies that promote infrastructure improvements at spaceports;
(3) provide technical assistance and guidance to spaceports;
(4) promote United States spaceports within the Department; and
(5) strengthen the Nation's competitiveness in commercial space transportation infrastructure and increase resilience for the Federal Government and commercial customers.
(c)
(1) launches to or reentries from orbit; and
(2) are involved in suborbital launch activities.
(d)
(e)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of