PRIA Logo™
Title 42, The Public Health and WelfareRelease 119-110

§18311 United States Human Space Flight Policy

Title 42 › CHAPTER 159 — SPACE EXPLORATION, TECHNOLOGY, AND SCIENCE › SUBCHAPTER I — POLICY, GOALS, AND OBJECTIVES FOR HUMAN SPACE FLIGHT AND EXPLORATION › § 18311

Last updated Sep 22, 2026|Official source

Summary

The federal government must not buy human spaceflight rides from a foreign group unless three things are true: no U.S. government-run human spaceflight is available, no U.S. commercial provider is available, and the foreign group meets safety rules and is allowed to provide the service. The agency in charge may still talk and make arrangements with foreign partners to keep flights safe and to support continued ISS operations. Definitions in one line each: commercial provider — a non-government company that offers human spaceflight; qualified foreign entity — a foreign provider that follows safety rules and is not barred by law; United States commercial provider — a U.S.-organized commercial company that is more than 50 percent owned by U.S. nationals. Congress also reaffirms that the United States must keep an uninterrupted capability for human spaceflight in low-Earth orbit and beyond as vital for national security and leadership in space.

Full Legal Text

Title 42, §18311

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

(a)Use of non-United States human space flight transportation services
(1)In general
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)Definitions
In this subsection: (A) Commercial provider
(B)Qualified foreign entity
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)United States commercial provider
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)Arrangements with foreign entities
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)United States human space flight capabilities
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.

Legislative History

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.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 18311

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110