51 U.S.C. § 50918 — Consultation

Page 138 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50918 (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 dis- trict court of the United States. (3) The Secretary shall impose the civil pen- alty by written notice. The Secretary may com- promise 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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1341, § 70115 of title 49; Pub. L. 105–303, title I, § 102(a)(14), Oct. 28, 1998, 112 Stat. 2850; Pub. L. 108–492, § 2(c)(24), Dec. 23, 2004, 118 Stat. 3981; re- numbered § 70115 then § 50917 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(Q), Dec. 18, 2010, 124 Stat. 3440, 3441.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70115(a) ...... 49 App.:2617. Oct. 30, 1984, Pub. L. 98–575, §§ 17–19, 98 Stat. 3061. 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 sub- stituted 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 sur- plus. 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 car- ries out unless otherwise provided. The words ‘‘the ex- ercise 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 Depart- ment of Transportation’’ are omitted as surplus be- cause of 49:322(b). In subsection (c)(1), the words ‘‘in accordance with section 554 of title 5’’ are omitted for consistency in the revised title and because 5:554 applies to a hearing on the record unless otherwise stated. The words ‘‘for each violation’’ are omitted as surplus. 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—Pub. L. 111–314 successively renumbered section 70115 of title 49 and section 70115 of this title as this section. 2004—Subsec. (b)(1)(D)(i). Pub. L. 108–492 inserted ‘‘crew or space flight participant training site,’’ after ‘‘site of a launch vehicle or reentry vehicle,’’. 1998—Subsec. (b)(1)(D)(i). Pub. L. 105–303 inserted ‘‘re- entry site,’’ after ‘‘launch site,’’ and inserted ‘‘or re- entry vehicle’’ after ‘‘launch vehicle’’ in two places. § 50918. Consultation (a) MATTERS AFFECTING NATIONAL SECURITY.— The Secretary of Transportation shall consult with the Secretary of Defense on a matter under this chapter affecting national security. The Secretary of Defense shall identify and notify the Secretary of Transportation of a national security interest relevant to an activity under this chapter. (b) MATTERS AFFECTING FOREIGN POLICY.—The Secretary of Transportation shall consult with the Secretary of State on a matter under this chapter affecting foreign policy. The Secretary of State shall identify and notify the Secretary of Transportation of a foreign policy interest or obligation relevant to an activity under this chapter. (c) OTHER MATTERS.—In carrying out this chapter, the Secretary of Transportation shall consult with the head of another executive agen- cy— (1) to provide consistent application of li- censing requirements under this chapter; (2) to ensure fair treatment for all license applicants; and (3) when appropriate. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1341, § 70116 of title 49; renumbered § 70116 then § 50918 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(R), Dec. 18, 2010, 124 Stat. 3440, 3441.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70116(a) ...... 49 App.:2619(a). Oct. 30, 1984, Pub. L. 98–575, § 20, 98 Stat. 3062. 70116(b) ...... 49 App.:2619(b). 70116(c) ...... 49 App.:2604(a)(2). Oct. 30, 1984, Pub. L. 98–575, § 5(a)(2), 98 Stat. 3057; Nov. 16, 1990, Pub. L. 101–611, § 117(e)(2), 104 Stat. 3203. 49 App.:2619(c). In subsections (a) and (b), the words ‘‘including the issuance or transfer of each license’’ and ‘‘be respon- sible 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—Pub. L. 111–314 successively renumbered section 70116 of title 49 and section 70116 of this title as this section. Statutory Notes and Related Subsidiaries STREAMLINE COMMERCIAL SPACE LAUNCH ACTIVITIES Pub. L. 114–92, div. A, title XVI, § 1617, Nov. 25, 2015, 129 Stat. 1106, as amended by Pub. L. 115–232, div. A, Page 139 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50919 title XVI, § 1606, Aug. 13, 2018, 132 Stat. 2107, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that eliminating duplicative requirements and approv- als for commercial launch and reentry operations will promote and encourage the development of the com- mercial space sector. ‘‘(b) REAFFIRMATION OF POLICY.—Congress reaffirms that the Secretary of Transportation, in overseeing and coordinating commercial launch and reentry oper- ations, should— ‘‘(1) promote commercial space launches and reen- tries by the private sector; ‘‘(2) facilitate Government, State, and private sec- tor involvement in enhancing United States launch sites and facilities; ‘‘(3) protect public health and safety, safety of prop- erty, 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 Ad- ministrator of the National Aeronautics and Space Administration, as necessary to provide consistent application of licensing requirements under chapter 509 of title 51, United States Code. ‘‘(c) REQUIREMENTS.— ‘‘(1) IN GENERAL.—The Secretary of Transportation under section 50918 of title 51, United States Code, and subject to section 50905(b)(2)(C) of that title, shall consult with the Secretary of Defense, the Adminis- trator of the National Aeronautics and Space Admin- istration, and the heads of other executive agencies, as appropriate— ‘‘(A) to identify all requirements that are im- posed to protect the public health and safety, safe- ty of property, national security interests, and for- eign 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 li- censee or transferee and the heads of the relevant executive agencies— ‘‘(i) determine whether the satisfaction of a re- quirement of one agency could result in the satis- faction of a requirement of another agency; and ‘‘(ii) resolve any inconsistencies and remove any outmoded or duplicative requirements or ap- provals of the Federal Government relevant to any commercial launch of a launch vehicle or commercial reentry of a reentry vehicle. ‘‘(2) STREAMLINING.— ‘‘(A) IN GENERAL.—With respect to any licensed activity under chapter 509 of title 51, United States Code, the Secretary of Defense may not impose any requirement on a licensee or transferee that is du- plicative of, or overlaps in intent with, any require- ment imposed by the Secretary of Transportation under that chapter. ‘‘(B) WAIVER.—The Secretary of the Air Force may waive the limitation under subparagraph (A) if— ‘‘(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) REPORTS.—Not later than 180 days after the date of enactment of this Act [Nov. 25, 2015], and an- nually thereafter until the Secretary of Transpor- tation determines no outmoded or duplicative re- quirements or approvals of the Federal Government exist, the Secretary of Transportation, in consulta- tion with the Secretary of Defense, the Adminis- trator of the National Aeronautics and Space Admin- istration, the commercial space sector, and the heads of other executive agencies, as appropriate, shall sub- mit to the appropriate congressional committees a report that includes the following: ‘‘(A) A description of the process for the applica- tion for and approval of a permit or license under chapter 509 of title 51, United States Code, for the commercial launch of a launch vehicle or commer- cial reentry of a reentry vehicle, including the identification of— ‘‘(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 co- ordinate and work across executive agencies to de- fine interagency processes and procedures for shar- ing information, avoiding duplication of effort, and resolving common agency requirements. ‘‘(C) Recommendations for legislation that may further— ‘‘(i) streamline requirements in order to im- prove efficiency, reduce unnecessary costs, re- solve 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 para- graph (1)(A). ‘‘(4) DEFINITIONS.—For purposes of this subsection— ‘‘(A) any applicable definitions set forth in sec- tion 50902 of title 51, United States Code, shall apply; ‘‘(B) the term ‘appropriate congressional commit- tees’ means— ‘‘(i) the congressional defense committees [Committees on Armed Services and Appropria- tions of the Senate and the House of Representa- tives]; ‘‘(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 In- frastructure of the House of Representatives; ‘‘(C) the terms ‘launch’, ‘reenter’, and ‘reentry’ include landing of a launch vehicle or reentry vehi- cle; 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) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to limit the ability of the Secretary of Defense to consult with the Secretary of Transpor- tation with respect to requirements and approvals under chapter 509 of title 51, United States Code.’’ Substantially identical provisions were contained in the following act: Pub. L. 114–90, title I, § 113, Nov. 25, 2015, 129 Stat. 714. § 50919. Relationship to other executive agencies, laws, and international obligations (a) EXECUTIVE AGENCIES.—Except as provided in this chapter, a person is not required to ob- tain from an executive agency a license, ap- proval, waiver, or exemption to launch a launch vehicle or operate a launch site or reentry site, or to reenter a reentry vehicle. (b) FEDERAL COMMUNICATIONS COMMISSION AND SECRETARY OF COMMERCE.—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) STATES AND POLITICAL SUBDIVISIONS.—A State or political subdivision of a State—