§ 70117. — Relationship to other executive agencies, laws, and international obligations.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC70117]
TITLE 49--TRANSPORTATION
SUBTITLE IX--COMMERCIAL SPACE TRANSPORTATION
CHAPTER 701--COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 70117. Relationship to other executive agencies, laws, and
international obligations
(a) Executive Agencies.--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.
(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 the Land Remote Sensing
Policy Act of 1992 (15 U.S.C. 5601 et seq.).
(c) States and Political Subdivisions.--A State or political
subdivision of a State--
(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, 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.
(d) Consultation.--The Secretary of Transportation 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 assumes in a treaty, convention, or
agreement in force between the Government and the government of a
foreign country; and
(2) consider applicable laws and requirements 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,
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.
(g) Nonapplication.--This chapter does not apply to--
(1) 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
(2) planning or policies related to the launch, reentry,
operation, or activity.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1342; Pub. L. 104-
287, Sec. 5(95), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105-303, title
I, Sec. 102(a)(15), Oct. 28, 1998, 112 Stat. 2850.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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70117(a).............................. 49 App.:2605(c)(1). Oct. 30, 1984, Pub. L. 98-575, Secs.
6(c), 21, 98 Stat. 3058, 3063.
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).
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In subsection (e)(1), the words ``government of a foreign 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-reference. 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.
References in Text
The Communications Act of 1934, referred to in subsec. (b)(1), is
act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is
classified principally to section 151 et seq. of Title 47, Telegraphs,
Telephones, and Radiotelegraphs. For complete classification of this Act
to the Code, see section 609 of Title 47 and Tables.
The Land Remote Sensing Policy Act of 1992, referred to in subsec.
(b)(2), is Pub. L. 102-555, Oct. 28, 1992, 106 Stat. 4163, which is
classified principally to chapter 82 (Sec. 5601 et seq.) of Title 15,
Commerce and Trade. For complete classification of this Act to the Code,
see Short Title note set out under section 5601 of Title 15 and Tables.
The Foreign Trade Zones Act, referred to in subsec. (f), is act June
18, 1934, ch. 590, 48 Stat. 998, as amended, which is classified
generally to chapter 1A (Sec. 81a et seq.) of Title 19, Customs Duties.
For complete classification of this Act to the Code, see Tables.
Amendments
1998--Subsec. (a). Pub. L. 105-303, Sec. 102(a)(15)(A), inserted
``or reentry site, or to reenter a reentry vehicle'' after ``operate a
launch site''.
Subsec. (d). Pub. L. 105-303, Sec. 102(a)(15)(B), inserted ``or
reentry'' after ``approval of a space launch''.
Subsec. (f). Pub. L. 105-303, Sec. 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, Sec. 102(a)(15)(D)(i), substituted
``reentry, operation of a launch vehicle or reentry 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, Sec. 102(a)(15)(D)(ii), inserted
``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 seq.)'' for ``Land Remote-
Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et seq.)''.
Section Referred to in Other Sections
This section is referred to in title 42 section 2458c.
