§50919 — Title 51 National and Commercial Space Programs | U.S. Code

Summary

People do not have to get a separate license, approval, waiver, or exemption from another federal agency to launch a rocket, run a launch or reentry site, or bring back a reentry vehicle, unless this chapter says they must. The chapter does not limit the Federal Communications Commission's power under the Communications Act of 1934 or the Secretary of Commerce's power under chapter 601. States cannot make laws that conflict with the chapter, but they can make laws that match it and are stricter. The Secretary of Transportation should work with States to speed approvals. The Secretary must follow U.S. treaty obligations and consider foreign laws when using the chapter. A launch, reentry, or payload is not treated as an export or import just because it was launched or reentered, except payloads moved under foreign trade zone rules under the Foreign Trade Zones Act are treated as exports for customs entry. The chapter does not apply to space activities the U.S. Government does for itself, or to planning for those activities, but a government astronaut who rides in a vehicle or does launch-related work under this chapter is covered by the chapter.

Title 51, §50919

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

(a)Except as provided in this chapter, a person is not required to obtain from an executive agency a license, approval, waiver, or exemption to launch a launch vehicle or operate a launch site or reentry site, or to reenter a reentry vehicle.

(b)This chapter does not affect the authority of—

(1)the Federal Communications Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.); or

(2)the Secretary of Commerce under chapter 601 of this title.

(c)A State or political subdivision of a State—

(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)The Secretary of Transportation is encouraged to consult with a State to simplify and expedite the approval of a space launch or reentry activity.

(e)The Secretary of Transportation shall—

(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)A launch vehicle, reentry vehicle, or payload that is launched or reentered is not, because of the launch or reentry, an export or import, respectively, for purposes of a law controlling exports or imports, except that payloads launched pursuant to foreign trade zone procedures as provided for under the Foreign Trade Zones Act (19 U.S.C. 81a–81u) shall be considered exports with regard to customs entry.

(g)(1)This chapter does not apply to—

(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)The following activities are not space activities the Government carries out for the Government under paragraph (1):

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 70117(a)49 App.:2605(c)(1).Oct. 30, 1984, Pub. L. 98–575, §§ 6(c), 21, 98 Stat. 3058, 3063. 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. 104–287This amends 49:70117(b)(2) by updating a cross-reference. section 4 of the Land Remote Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4166) repealed the Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et seq.). The substantive provisions of the Land Remote Sensing Policy Act of 1992, which replaced the Land Remote-Sensing Commercialization Act of 1984, were classified to the United States Code at 15 U.S.C. 5601 et seq.

Editorial Notes

References in Text

The Communications Act of 1934, referred to in subsec. (b)(1), is act

June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to section 151 et seq. of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables. The Foreign Trade Zones Act, referred to in subsec. (f), is act

June 18, 1934, ch. 590, 48 Stat. 998, which is classified generally to chapter 1A (§ 81a et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Tables.

Amendments

2015—Subsec. (g). Pub. L. 114–90 amended subsec. (g) generally. Prior to amendment, text read as follows: “This chapter does not apply to— “(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—Pub. L. 111–314, § 4(d)(2), (3)(S), successively renumbered section 70117 of title 49 and section 70117 of this title as this section. Subsec. (b)(2). Pub. L. 111–314, § 4(d)(5)(T), substituted “chapter 601 of this title” for “the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)”. 1998—Subsec. (a). Pub. L. 105–303, § 102(a)(15)(A), inserted “or reentry site, or to reenter a reentry vehicle” after “operate a launch site”. Subsec. (d). Pub. L. 105–303, § 102(a)(15)(B), inserted “or reentry” after “approval of a space launch”. Subsec. (f). Pub. L. 105–303, § 102(a)(15)(C), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “A launch vehicle or payload that is launched is not, because of the launch, an export for purposes of a law controlling exports.” Subsec. (g)(1). Pub. L. 105–303, § 102(a)(15)(D)(i), substituted “reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site,” for “operation of a launch vehicle or launch site,”. Subsec. (g)(2). Pub. L. 105–303, § 102(a)(15)(D)(ii), inserted “reentry,” after “launch,”. 1996—Subsec. (b)(2). Pub. L. 104–287 substituted “Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)” for “Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et seq.)”.

§50919 Relationship to other executive agencies, laws, and international obligations