51 U.S.C. § 50919 — Relationship to other executive agencies,

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— Page 140 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50919 (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, regula- tion, standard, or order consistent with this chapter that is in addition to or more strin- gent than a requirement of, or regulation pre- scribed under, this chapter. (d) CONSULTATION.—The Secretary of Trans- portation is encouraged to consult with a State to simplify and expedite the approval of a space launch or reentry activity. (e) FOREIGN COUNTRIES.—The Secretary of Transportation shall— (1) carry out this chapter consistent with an obligation the United States Government as- sumes in a treaty, convention, or agreement in force between the Government and the gov- ernment of a foreign country; and (2) consider applicable laws and require- ments of a foreign country when carrying out this chapter. (f) LAUNCH NOT AN EXPORT; REENTRY NOT AN IMPORT.—A launch vehicle, reentry vehicle, or payload that is launched or reentered is not, be- cause of the launch or reentry, an export or im- port, respectively, for purposes of a law control- ling exports or imports, except that payloads launched pursuant to foreign trade zone proce- dures 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) NONAPPLICATION.— (1) IN GENERAL.—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) RULE OF CONSTRUCTION.—The following activities are not space activities the Govern- ment 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, re- entry, or other operation of the launch vehi- cle or reentry vehicle under this chapter. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1342, § 70117 of title 49; Pub. L. 104–287, § 5(95), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–303, title I, § 102(a)(15), Oct. 28, 1998, 112 Stat. 2850; renum- bered § 70117 then § 50919 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (3)(S), (5)(T), Dec. 18, 2010, 124 Stat. 3440–3442; Pub. L. 114–90, title I, § 112(o), Nov. 25, 2015, 129 Stat. 713.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (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. HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 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 for- eign country’’ are substituted for ‘‘foreign nation’’ for consistency in the revised title and with other titles of the United States Code. PUB. L. 104–287 This amends 49:70117(b)(2) by updating a cross-ref- erence. 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 sub- sec. (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 classifica- tion 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 re- entry site, or other space activity the Government carries out for the Government; or ‘‘(2) planning or policies related to the launch, re- entry, operation, or activity.’’ 2010—Pub. L. 111–314, § 4(d)(2), (3)(S), successively re- numbered 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 Sens- ing Policy Act of 1992 (15 U.S.C. 5601 et seq.)’’. 1998—Subsec. (a). Pub. L. 105–303, § 102(a)(15)(A), in- serted ‘‘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), sub- stituted ‘‘reentry, operation of a launch vehicle or re- entry 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), in- serted ‘‘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 Page 141 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50922 seq.)’’ for ‘‘Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et seq.)’’. § 50920. User fees The Secretary of Transportation may collect a user fee for a regulatory or other service con- ducted under this chapter only if specifically au- thorized by this chapter. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1342, § 70118 of title 49; renumbered § 70118 then § 50920 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(T), Dec. 18, 2010, 124 Stat. 3440, 3441.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70118 .......... 49 App.:2623 (last sentence). Oct. 30, 1984, Pub. L. 98–575, § 24 (last sentence), 98 Stat. 3064; Dec. 5, 1985, Pub. L. 99–170, § 301, 99 Stat. 1018; Oct. 30, 1987, Pub. L. 100–147, § 120, 101 Stat. 868; Nov. 17, 1988, Pub. L. 100–685, § 213, 102 Stat. 4093; Nov. 16, 1990, Pub. L. 101–611, § 117(a), 104 Stat. 3202; restated Dec. 9, 1991, Pub. L. 102–195, § 13, 105 Stat. 1613; Nov. 4, 1992, Pub. L. 102–588, § 211, 106 Stat. 5115. Editorial Notes AMENDMENTS 2010—Pub. L. 111–314 successively renumbered section 70118 of title 49 and section 70118 of this title as this section. § 50921. Office of Commercial Space Transpor- tation There are authorized to be appropriated to the Secretary of Transportation for the activities of the Office of the Associate Administrator for Commercial Space Transportation— (1) $11,941,000 for fiscal year 2005; (2) $12,299,000 for fiscal year 2006; (3) $12,668,000 for fiscal year 2007; (4) $13,048,000 for fiscal year 2008; and (5) $13,440,000 for fiscal year 2009. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1343, § 70119 of title 49, Pub. L. 105–303, title I, § 102(b), Oct. 28, 1998, 112 Stat. 2851; Pub. L. 106–405, § 3(a), Nov. 1, 2000, 114 Stat. 1752; Pub. L. 108–360, title III, § 301, Oct. 25, 2004, 118 Stat. 1680; renumbered § 70119 then § 50921 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(U), Dec. 18, 2010, 124 Stat. 3440, 3441.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70119 .......... 49 App.:2623 (less last sentence). Oct. 30, 1984, Pub. L. 98–575, § 24 (less last sentence), 98 Stat. 3064; Dec. 5, 1985, Pub. L. 99–170, § 301, 99 Stat. 1018; Oct. 30, 1987, Pub. L. 100–147, § 120, 101 Stat. 868; Nov. 17, 1988, Pub. L. 100–685, § 213, 102 Stat. 4093; Nov. 16, 1990, Pub. L. 101–611, § 117(a), 104 Stat. 3202; restated Dec. 9, 1991, Pub. L. 102–195, § 13, 105 Stat. 1613; Nov. 4, 1992, Pub. L. 102–588, § 211, 106 Stat. 5115. In this section, the amendment by section 211 of the National Aeronautics and Space Administration Au- thorization Act, Fiscal Year 1993 (Pub. L. 102–588, 106 Stat. 5115) was executed to carry out the probable in- tent of Congress by omitting the period after ‘‘1993’’. As to the applicability of section 219 of the Act (Pub. L. 102–588, 106 Stat. 5118) to amounts authorized by this section for fiscal year 1993, see section 6(b) of the bill. Editorial Notes AMENDMENTS 2010—Pub. L. 111–314 successively renumbered section 70119 of title 49 and section 70119 of this title as this section. 2004—Pars. (1) to (5). Pub. L. 108–360 added pars. (1) to (5) and struck out former pars. (1) and (2) which read as follows: ‘‘(1) $12,607,000 for fiscal year 2001; and ‘‘(2) $16,478,000 for fiscal year 2002.’’ 2000—Pub. L. 106–405 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘There are authorized to be appropriated to the Secretary of Transportation for the activities of the Of- fice of the Associate Administrator for Commercial Space Transportation— ‘‘(1) $6,275,000 for the fiscal year ending September 30, 1999; and ‘‘(2) $6,600,000 for the fiscal year ending September 30, 2000.’’ 1998—Pub. L. 105–303 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘The following amounts may be appropriated to the Secretary of Transportation for the fiscal year ending September 30, 1993: ‘‘(1) $4,900,000 to carry out this chapter. ‘‘(2) $20,000,000 for a program to ensure the resil- iency of the space launch infrastructure of the United States if a law is enacted to establish that program in the Department of Transportation.’’ § 50922. Regulations (a) IN GENERAL.—The Secretary of Transpor- tation, within 9 months after the date of the en- actment of this section, shall issue regulations to carry out this chapter that include— (1) guidelines for industry and State govern- ments to obtain sufficient insurance coverage for potential damages to third parties; (2) procedures for requesting and obtaining licenses to launch a commercial launch vehi- cle; (3) procedures for requesting and obtaining operator licenses for launch; (4) procedures for requesting and obtaining launch site operator licenses; and (5) procedures for the application of govern- ment indemnification. (b) REENTRY.—The Secretary of Transpor- tation, within 6 months after the date of the en- actment of this section, shall issue a notice of proposed rulemaking to carry out this chapter that includes— (1) procedures for requesting and obtaining licenses to reenter a reentry vehicle; (2) procedures for requesting and obtaining operator licenses for reentry; and (3) procedures for requesting and obtaining reentry site operator licenses. (c) AMENDMENTS.—(1) Not later than 12 months after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Sec- retary shall publish proposed regulations to carry out that Act, including regulations relat- ing to crew, space flight participants, and per-