§18311 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The federal government must not buy human spaceflight transportation from a foreign company unless three things are true: no U.S. government-run human spaceflight is available, no U.S. commercial provider is available, and the foreign company is a qualified foreign entity. The law defines: "commercial provider" — a private company that offers human spaceflight; "qualified foreign entity" — a foreign company that meets safety rules and is not barred by other laws; "United States commercial provider" — a U.S.-organized company more than 50% owned by U.S. nationals. It does not stop the NASA Administrator from working with foreign companies to keep flights safe and to keep the ISS operating. Congress also says the United States must keep an uninterrupted ability to fly people and operate in low-Earth orbit and beyond because this ability is essential for national security and U.S. leadership in space.

Title 42, §18311

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)The Federal Government may not acquire human space flight transportation services from a foreign entity unless—

(A)no United States Government-operated human space flight capability is available;

(B)no United States commercial provider is available; and

(C)it is a qualified foreign entity.

(2)In this subsection:

(A)The term “commercial provider” means any person providing human space flight transportation services, primary control of which is held by persons other than the Federal Government, a State or local government, or a foreign government.

(B)The term “qualified foreign entity” means a foreign entity that is in compliance with all applicable safety standards and is not prohibited from providing space transportation services under other law.

(C)The term “United States commercial provider” means a commercial provider, organized under the laws of the United States or of a State, that is more than 50 percent owned by United States nationals.

(3)Nothing in this subsection shall prevent the Administrator from negotiating or entering into human space flight transportation arrangements with foreign entities to ensure safety of flight and continued ISS operations.

(b)Congress reaffirms the policy stated in section 70501(a) of title 51, that the United States shall maintain an uninterrupted capability for human space flight and operations in low-Earth orbit, and beyond, as an essential instrument of national security and of the capacity to ensure continued United States participation and leadership in the exploration and utilization of space.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b), “section 70501(a) of title 51” substituted for “section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16761(a))” on authority of Pub. L. 111–314, § 5(e), Dec. 18, 2010, 124 Stat. 3443, which Act enacted Title 51, National and Commercial Space Programs.

Amendments

2017—Subsec. (a). Pub. L. 115–10 amended subsec. (a) generally. Prior to amendment, text read as follows: “It is the policy of the United States that reliance upon and use of non-United States human space flight capabilities shall be undertaken only as a contingency in circumstances where no United States-owned and operated human space flight capability is available, operational, and certified for flight by appropriate Federal agencies.”

§18311 United States human space flight policy

Summary

Title 42, §18311

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata