§ 70103. — General authority.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC70103]
TITLE 49--TRANSPORTATION
SUBTITLE IX--COMMERCIAL SPACE TRANSPORTATION
CHAPTER 701--COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 70103. General authority
(a) General.--The Secretary of Transportation shall carry out this
chapter.
(b) Facilitating Commercial Launches and Reentries.--In carrying out
this chapter, the Secretary shall--
(1) encourage, facilitate, and promote commercial space launches
and reentries by the private sector; and
(2) take actions to facilitate private sector involvement in
commercial space transportation activity, and to promote public-
private partnerships involving the United States Government, State
governments, and the private sector to build, expand, modernize, or
operate a space launch and reentry infrastructure.
(c) Executive Agency Assistance.--When necessary, the head of an
executive agency shall assist the Secretary in carrying out this
chapter.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1332; Pub. L. 105-
303, title I, Sec. 102(a)(4), Oct. 28, 1998, 112 Stat. 2847.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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70103(a).............................. 49 App.:2604(a) (1st-10th Oct. 30, 1984, Pub. L. 98-575, Sec.
words). 5(a) (1st-10th words, (b)), 98 Stat.
3057.
70103(b).............................. 49 App.:2604(a) (11th-15th Oct. 30, 1984, Pub. L. 98-575, Sec.
words, cls. (1), (3)). 5(a) (11th-15th words, cls. (1), (3)),
98 Stat. 3057; Nov. 16, 1990, Pub. L.
101-611, Sec. 117(e)(1), (3), 104
Stat. 3203.
70103(c).............................. 49 App.:2604(b).
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In subsection (a), the words ``be responsible for'' are omitted as
surplus.
In subsection (c), the words ``To the extent permitted by law'' are
omitted as surplus. The words ``the head of an executive agency'' are
substituted for ``Federal agencies'' for consistency in the revised
title and with other titles of the United States Code.
Amendments
1998--Subsec. (b). Pub. L. 105-303, Sec. 102(a)(4)(A), inserted
``and Reentries'' after ``Launches'' in heading.
Subsec. (b)(1). Pub. L. 105-303, Sec. 102(a)(4)(B), inserted ``and
reentries'' after ``commercial space launches''.
Subsec. (b)(2). Pub. L. 105-303, Sec. 102(a)(4)(C), inserted ``and
reentry'' after ``space launch''.
Ex. Ord. No. 12465. Coordination and Encouragement of Commercial
Expendable Launch Vehicle Activities
Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, and in order to encourage,
facilitate and coordinate the development of commercial expendable
launch vehicle (ELV) operations by private United States enterprises, it
is hereby ordered as follows:
Section 1. The Department of Transportation is designated as the
lead agency within the Federal government for encouraging and
facilitating commercial ELV activities by the United States private
sector.
Sec. 2. Responsibilities of Lead Agency. The Secretary of
Transportation shall, to the extent permitted by law and subject to the
availability of appropriations, perform the following functions:
(a) act as a focal point within the Federal government for private
sector space launch contacts related to commercial ELV operations;
(b) promote and encourage commercial ELV operations in the same
manner that other private United States commercial enterprises are
promoted by United States agencies;
(c) provide leadership in the establishment, within affected
departments and agencies, of procedures that expedite the processing of
private sector requests to obtain licenses necessary for commercial ELV
launches and the establishment and operation of commercial launch
ranges;
(d) consult with other affected agencies to promote consistent
application of ELV licensing requirements for the private sector and
assure fair and equitable treatment for all private sector applicants;
(e) serve as a single point of contact for collection and
dissemination of documentation related to commercial ELV licensing
applications;
(f) make recommendations to affected agencies and, as appropriate,
to the President, concerning administrative measures to streamline
Federal government procedures for licensing of commercial ELV
activities;
(g) identify Federal statutes, treaties, regulations and policies
which may have an adverse impact on ELV commercialization efforts and
recommend appropriate changes to affected agencies and, as appropriate,
to the President; and
(h) conduct appropriate planning regarding long-term effects of
Federal activities related to ELV commercialization.
Sec. 3. An interagency group, chaired by the Secretary of
Transportation and composed of representatives from the Department of
State, the Department of Defense, the Department of Commerce, the
Federal Communications Commission, and the National Aeronautics and
Space Administration, is hereby established. This group shall meet at
the call of the Chair and shall advise and assist the Department of
Transportation in performing its responsibilities under this Order.
Sec. 4. Responsibilities of Other Agencies. All executive
departments and agencies shall assist the Secretary of Transportation in
carrying out this Order. To the extent permitted by law and in
consultation with the Secretary of Transportation, they shall:
(a) provide the Secretary of Transportation with information
concerning agency regulatory actions which may affect development of
commercial ELV operations;
(b) review and revise their regulations and procedures to eliminate
unnecessary regulatory obstacles to the development of commercial ELV
operations and to ensure that those regulations and procedures found
essential are administered as efficiently as possible; and
(c) establish timetables for the expeditious handling of and
response to applications for licenses and approvals for commercial ELV
activities.
Sec. 5. The powers granted to the Secretary of Transportation to
encourage, facilitate and coordinate the overall ELV commercialization
process shall not diminish or abrogate any statutory or operational
authority exercised by any other Federal agency.
Sec. 6. Nothing contained in this Order or in any procedures
promulgated hereunder shall confer any substantive or procedural right
or privilege on any person or organization, enforceable against the
United States, its agencies, its officers or any person.
Sec. 7. This Order shall be effective immediately.
Ronald Reagan.
