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42 U.S.C. § 18311 — United States human space flight policy

submitted 16 years ago by Pub. L. 111-267 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 271 words · no verdicts yet

in plain englishAI-generated · not legal advice

The federal government usually can't buy foreign rides to space for astronauts. It can only do that if no U.S. government or commercial option exists, and the foreign company meets all safety rules. Congress also restates that the U.S. must always be able to send humans into space on its own.

(a) Use of non-United States human space flight transportation services. The federal government generally cannot pay a foreign company or country to fly astronauts to space. There's an exception, but only if all three things are true: no U.S. government-run option exists, no U.S. commercial provider exists, and the foreign company is "qualified." This subsection also defines three terms. A "commercial provider" is anyone offering human spaceflight rides who isn't mainly controlled by the federal government, a state or local government, or a foreign government. A "qualified foreign entity" is a foreign company that follows all the safety rules that apply and isn't blocked by any other law from providing space transportation. A "United States commercial provider" is a commercial provider set up under U.S. or state law, more than half owned by U.S. citizens. None of this stops NASA's Administrator from making deals with foreign entities to keep flights safe and keep the ISS running.

(b) United States human space flight capabilities. Congress restates the policy already set out in section 70501(a) of title 51. The United States must always be able to send astronauts into space, in low-Earth orbit and beyond, without interruption. This capability is treated as essential to national security and to keeping the U.S. as a leader in exploring and using space.

the actual law source: uscode.house.gov ↗public domain
(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

The term “commercial provider” means any person providing human space flight transportation services, primary control of which is held by persons other than the Federal Government, a State or local government, or a foreign government.

(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.

Source credit: (Pub. L. 111–267, title II, § 201, Oct. 11, 2010, 124 Stat. 2811; Pub. L. 115–10, title III, § 302(d), Mar. 21, 2017, 131 Stat. 25.)

history & why it existsrecord from the source credit
  • 2010Enacted · Pub. L. 111-267 · 124 Stat. 2811
  • 2017Amended · Pub. L. 115-10 · 131 Stat. 25

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-267 on 2010-10-11.

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