# § 18311. United States human space flight policy
**(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** section 70501(a) of title 51
Congress reaffirms the policy stated in , 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.
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**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.)
## Editorial Notes
### Codification
In subsec. (b), “” substituted for “section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2005 ()” on authority of , , , which Act enacted Title 51, National and Commercial Space Programs.
### Amendments
2017—Subsec. (a). amended subsec. (a) generally. Prior to amendment, text read as follows: “It is the policy of the United States that reliance upon and use of non-United States human space flight capabilities shall be undertaken only as a contingency in circumstances where no United States-owned and operated human space flight capability is available, operational, and certified for flight by appropriate Federal agencies.”