51 U.S.C. § 50919 — Relationship to other executive agencies, laws, and international obligations
submitted 32 years ago by Pub. L. 103-272 to r/title-51-NATIONAL-AND-COMMERCIAL-SPACE-PROGRAMS · 443 words · no verdicts yet
Except where this chapter says otherwise, it does not require extra executive-agency approvals for launches or reentries. It preserves specified FCC and Commerce authority, limits conflicting state rules, addresses foreign obligations, and excludes specified Government activities.
(a) Executive agencies. Unless this chapter provides otherwise, a person does not need an executive-agency license, approval, waiver, or exemption to launch a launch vehicle, operate a launch site or reentry site, or reenter a reentry vehicle. (b) FCC and Commerce. The chapter does not change the Federal Communications Commission’s authority under the Communications Act of 1934 or the Secretary of Commerce’s authority under chapter 601 of this title. (c) States. A State or its political subdivision may not adopt or keep a law, regulation, standard, or order inconsistent with this chapter. It may adopt a consistent rule that adds to or is stricter than a chapter requirement or regulation. (d) Consultation. The Transportation Secretary is encouraged to consult a State to simplify and speed approval of a space launch or reentry. (e) Foreign countries. The Secretary must carry out the chapter consistently with United States obligations in an effective treaty, convention, or agreement, and must consider applicable foreign laws and requirements. (f) A launched or reentered launch vehicle, reentry vehicle, or payload is not thereby an export or import for export-control or import-control laws. A payload launched under Foreign Trade Zones Act procedures is an export for customs entry. (g)(1) The chapter does not apply to a Government launch, reentry, vehicle or site operation, or other space activity that the Government carries out for the Government, or to related planning or policies. (2) The following are not Government-for-Government space activities: (A) carrying a government astronaut in a vehicle under this chapter; or (B) a government astronaut’s activities directly related to launching, reentering, or otherwise operating that vehicle under this chapter.
Except as provided in this chapter, a person is not required to obtain from an executive agency a license, approval, waiver, or exemption to launch a launch vehicle or operate a launch site or reentry site, or to reenter a reentry vehicle.
This chapter does not affect the authority of—
the Federal Communications Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.); or
the Secretary of Commerce under chapter 601 of this title.
A State or political subdivision of a State—
may not adopt or have in effect a law, regulation, standard, or order inconsistent with this chapter; but
may adopt or have in effect a law, regulation, standard, or order consistent with this chapter that is in addition to or more stringent than a requirement of, or regulation prescribed under, this chapter.
The Secretary of Transportation is encouraged to consult with a State to simplify and expedite the approval of a space launch or reentry activity.
The Secretary of Transportation shall—
carry out this chapter consistent with an obligation the United States Government assumes in a treaty, convention, or agreement in force between the Government and the government of a foreign country; and
consider applicable laws and requirements of a foreign country when carrying out this chapter.
A launch vehicle, reentry vehicle, or payload that is launched or reentered is not, because of the launch or reentry, an export or import, respectively, for purposes of a law controlling exports or imports, except that payloads launched pursuant to foreign trade zone procedures as provided for under the Foreign Trade Zones Act (19 U.S.C. 81a–81u) shall be considered exports with regard to customs entry.
This chapter does not apply to—
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
planning or policies related to the launch, reentry, operation, or activity under subparagraph (A).
The following activities are not space activities the Government carries out for the Government under paragraph (1):
A government astronaut being carried within a launch vehicle or reentry vehicle under this chapter.
A government astronaut performing activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle under this chapter.
Source credit: (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; renumbered § 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.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1342
- 1996Amended · Pub. L. 104-287 · 110 Stat. 3398
- 1998Amended · Pub. L. 105-303 · 112 Stat. 2850
- 2010Amended · Pub. L. 111-314 · 124 Stat. 3440
- 2015Amended · Pub. L. 114-90 · 129 Stat. 713
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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