51 U.S.C. § 50101 — Definitions

Page 101 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50101 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40908 .......... 42 U.S.C. 16797. Pub. L. 109–155, title VI, § 618, Dec. 30, 2005, 119 Stat. 2934. Editorial Notes REFERENCES IN TEXT Section 614 of the National Aeronautics and Space Administration Authorization Act of 2005, referred to in text, was classified to former section 16793 of Title 42, The Public Health and Welfare, and was omitted from the Code following the enactment of this title by Pub. L. 111–314. § 40909. Compliance with title IX of Education Amendments of 1972 To comply with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Administrator shall conduct compliance reviews of at least 2 grantees annually. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40909 .......... 42 U.S.C. 16798(b). Pub. L. 109–155, title VI, § 619(b), Dec. 30, 2005, 119 Stat. 2935. Editorial Notes REFERENCES IN TEXT The Education Amendments of 1972, referred to in text, is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified prin- cipally to chapter 38 (§ 1681 et seq.) of Title 20, Edu- cation. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of Title 20 and Tables. Subtitle V—Programs Targeting Commercial Opportunities CHAPTER 501—SPACE COMMERCE SUBCHAPTER I—GENERAL Sec. 50101. Definitions. SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES 50111. Commercialization of Space Station. 50112. Promotion of United States Global Posi- tioning System standards. 50113. Acquisition of space science data. 50114. Administration of commercial space centers. 50115. Sources of Earth science data. 50116. Commercial technology transfer program. SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES 50131. Requirement to procure commercial space transportation services. 50132. Acquisition of commercial space transpor- tation services. [50133. Repealed.] 50134. Use of excess intercontinental ballistic mis- siles. Editorial Notes AMENDMENTS 2017—Pub. L. 115–10, title IV, § 416(c), Mar. 21, 2017, 131 Stat. 35, struck out item 50133 ‘‘Shuttle privatization’’. SUBCHAPTER I—GENERAL § 50101. Definitions In this chapter: (1) COMMERCIAL PROVIDER.—The term ‘‘com- mercial provider’’ means any person providing space transportation services or other space- related activities, primary control of which is held by persons other than Federal, State, local, and foreign governments. (2) PAYLOAD.—The term ‘‘payload’’ means anything that a person undertakes to trans- port to, from, or within outer space, or in sub- orbital trajectory, by means of a space trans- portation vehicle, but does not include the space transportation vehicle itself except for its components which are specifically designed or adapted for that payload. (3) SPACE-RELATED ACTIVITIES.—The term ‘‘space-related activities’’ includes research and development, manufacturing, processing, service, and other associated and support ac- tivities. (4) SPACE TRANSPORTATION SERVICES.—The term ‘‘space transportation services’’ means the preparation of a space transportation vehi- cle and its payloads for transportation to, from, or within outer space, or in suborbital trajectory, and the conduct of transporting a payload to, from, or within outer space, or in suborbital trajectory. (5) SPACE TRANSPORTATION VEHICLE.—The term ‘‘space transportation vehicle’’ means any vehicle constructed for the purpose of op- erating in, or transporting a payload to, from, or within, outer space, or in suborbital trajec- tory, and includes any component of such ve- hicle not specifically designed or adapted for a payload. (6) STATE.—The term ‘‘State’’ means each of the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, terri- tory, or possession of the United States. (7) UNITED STATES COMMERCIAL PROVIDER.— The term ‘‘United States commercial pro- vider’’ means a commercial provider, orga- nized under the laws of the United States or of a State, that is— (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 evi- denced a substantial commitment to the United States market through— (I) investments in the United States in long-term research, development, and manufacturing (including the manufac- ture of major components and subassem- blies); and (II) significant contributions to em- ployment in the United States; and Page 102 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50101 (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 de- scribed in subparagraph (A) comparable to that afforded to such foreign company’s subsidiary in the United States, as evi- denced by— (I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government-spon- sored research and development similar to that authorized under this chapter; (II) providing no barriers, to companies described in subparagraph (A) with re- spect to local investment opportunities, that are not provided to foreign compa- nies in the United States; and (III) providing adequate and effective protection for the intellectual property rights of companies described in sub- paragraph (A). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50101 .......... 42 U.S.C. 14701. Pub. L. 105–303, § 2, Oct. 28, 1998, 112 Stat. 2843. The definition of ‘‘Administrator’’ in section 2 of the Commercial Space Act of 1998 (Public Law 105–303, 112 Stat. 2843) is omitted as unnecessary because of the def- inition added by section 10101 of title 51. 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 Di- rector of the Office of Management and Budget[,] the Assistant to the President for National Security Affairs[,] the Administrator of the National Aero- nautics and Space Administration[,] the Director of the Office of Science and Technology Policy[,] the Assist- ant to the President for Homeland Security and Counterterrorism[, and] the Chairman of the Joint Chiefs of Staff SECTION 1. Policy. It is the policy of the executive branch to be prudent and responsible when spending taxpayer funds, and to recognize how government ac- tions, including Federal regulations, affect private re- sources. It is therefore important that regulations adopted and enforced by the executive branch promote economic growth; minimize uncertainty for taxpayers, investors, and private industry; protect national secu- rity, public-safety, and foreign policy interests; and en- courage American leadership in space commerce. SEC. 2. Launch and Re-entry Licensing. (a) No later than February 1, 2019, the Secretary of Transportation shall review regulations adopted by the Department of Transportation that provide for and govern licensing of commercial space flight launch and re-entry for con- sistency with the policy set forth in section 1 of this memorandum and shall rescind or revise those regula- tions, or publish for notice and comment proposed rules rescinding or revising those regulations, as appropriate and consistent with applicable law. (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 commer- cial space flight launch and re-entry operations; and (ii) replacing prescriptive requirements in the com- mercial space flight launch and re-entry licensing proc- ess 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 Trans- portation, and the Administrator of the National Aero- nautics 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 Fed- eral launch ranges and, as appropriate and consistent with applicable law, to minimize those requirements, except those necessary to protect public safety and na- tional security, that would conflict with the efforts of the Secretary of Transportation in implementing the Secretary’s responsibilities under this section. SEC. 3. Commercial Remote Sensing. (a) Within 90 days of the date of this memorandum [May 24, 2018], the Sec- retary of Commerce shall review the regulations adopt- ed by the Department of Commerce under Title II of the Land Remote Sensing Policy Act of 1992 ([now] 51 U.S.C. 60101 et seq.) for consistency with the policy set forth in section 1 of this memorandum and shall re- scind or revise those regulations, or publish for notice and comment proposed rules rescinding or revising those regulations, as appropriate and consistent with applicable law. (b) In carrying out the review required by subsection (a) of this section, the Secretary of Commerce shall co- ordinate 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 expan- sion of the licensing of commercial remote sensing ac- tivities. That proposal shall be consistent with the pol- icy set forth in section 1 of this memorandum. SEC. 4. Reorganization of the Department of Commerce. (a) To the extent permitted by law, the Secretary of Commerce shall consolidate in the Office of the Sec- retary of Commerce the responsibilities of the Depart- ment of Commerce with respect to the Department’s regulation of commercial space flight activities. (b) Within 30 days of the date of this memorandum, the Secretary of Commerce shall transmit to the Direc- tor of the Office of Management and Budget a legisla- tive proposal to create within the Department of Com- merce an entity with primary responsibility for admin- istering the Department’s regulation of commercial space flight activities. SEC. 5. Radio Frequency Spectrum. (a) The Secretary of Commerce, in coordination with the Director of the Of- fice of Science and Technology Policy, shall work with the Federal Communications Commission to ensure that Federal Government activities related to radio frequency spectrum are, to the extent permitted by law, consistent with the policy set forth in section 1 of this memorandum. (b) Within 120 days of the date of this memorandum, the Secretary of Commerce and the Director of the Of- fice 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 Presi- dent, through the Executive Secretary of the National Space Council, a report on improving the global com- petitiveness of the United States space sector through Page 103 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50111 radio frequency spectrum policies, regulation, and United States activities at the International Tele- communication Union and other multilateral forums. SEC. 6. Review of Export Licensing Regulations. The Ex- ecutive Secretary of the National Space Council, in co- ordination with the members of the National Space Council, shall: (a) initiate a review of export licensing regulations affecting commercial space flight activity; (b) develop recommendations to revise such regula- tions 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. SEC. 7. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, 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) POLICY.—Congress declares that a priority goal of constructing the International Space Station is the economic development of Earth orbital space. Congress further declares that free and competitive markets create the most efficient conditions for promoting economic de- velopment, and should therefore govern the eco- nomic development of Earth orbital space. Con- gress further declares that the use of free mar- ket principles in operating, servicing, allocating the use of, and adding capabilities to the Space Station, and the resulting fullest possible en- gagement of commercial providers and partici- pation of commercial users, will reduce Space Station operational costs for all partners and the Federal Government’s share of the United States burden to fund operations. (b) USE OF UNITED STATES COMMERCIALLY PRO- VIDED SERVICES.— (1) IN GENERAL.—In order to stimulate com- mercial use of space, help maximize the utility and productivity of the International Space Station, and enable a commercial means of providing crew transfer and crew rescue serv- ices for the International Space Station, the Administration shall— (A) make use of United States commer- cially provided International Space Station crew transfer and crew rescue services to the maximum extent practicable, if those com- mercial services have demonstrated the ca- pability to meet Administration-specified ascent, entry, and International Space Sta- tion proximity operations safety require- ments; (B) limit, to the maximum extent prac- ticable, the use of the Crew Exploration Ve- hicle to missions carrying astronauts beyond low Earth orbit once commercial crew trans- fer 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 enti- ties for a Phase 1 Commercial Orbital Trans- portation Services crewed vehicle dem- onstration program. (2) CONGRESSIONAL INTENT.—It is the intent of Congress that funding for the program de- scribed in paragraph (1)(D) shall not come at the expense of full funding of the amounts au- thorized under section 101(3)(A) of the Na- tional Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422, 122 Stat. 4783), and for future fiscal years, for Orion Crew Exploration Vehicle development, Ares I Crew Launch Vehicle development, or International Space Station cargo delivery. (3) ADDITIONAL TECHNOLOGIES.—The Adminis- tration shall make International Space Sta- tion-compatible docking adaptors and other relevant technologies available to the com- mercial crew providers selected to service the International Space Station. (4) CREW TRANSFER AND CREW RESCUE SERV- ICES CONTRACT.—If a commercial provider dem- onstrates the capability to provide Inter- national Space Station crew transfer and crew rescue services and to satisfy Administration ascent, entry, and International Space Station proximity operations safety requirements, the Administration shall enter into an Inter- national Space Station crew transfer and crew rescue services contract with that commercial provider for a portion of the Administration’s anticipated International Space Station crew transfer and crew rescue requirements from the time the commercial provider commences operations under contract with the Adminis- tration through calendar year 2016, with an op- tion to extend the period of performance through calendar year 2020. (c) ISS TRANSITION PLAN.— (1) IN GENERAL.—The Administrator, in co- ordination with the ISS management entity (as defined in section 2 of the National Aero- nautics and Space Administration Transition Authorization Act of 2017), ISS partners, the scientific user community, and the commer- cial space sector, shall develop a plan to tran- sition in a step-wise approach from the cur- rent regime that relies heavily on NASA spon- sorship to a regime where NASA could be one of many customers of a low-Earth orbit non- governmental human space flight enterprise. (2) REPORTS.—Not later than December 1, 2017, and biennially thereafter until 2028, the Administrator shall submit to the Committee