[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2262 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
November 10, 2015.
Resolved, That the bill from the House of Representatives (H.R.
2262) entitled ``An Act to facilitate a pro-growth environment for the
developing commercial space industry by encouraging private sector
investment and creating more stable and predictable regulatory
conditions, and for other purposes.'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.
(a) Short Title.--This Act may be cited as the ``U.S. Commercial
Space Launch Competitiveness Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; references.
TITLE I--SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND
ENTREPRENEURSHIP
Sec. 101. Short title.
Sec. 102. International launch competitiveness.
Sec. 103. Indemnification for space flight participants.
Sec. 104. Launch license flexibility.
Sec. 105. Licensing report.
Sec. 106. Federal jurisdiction.
Sec. 107. Cross waivers.
Sec. 108. Space authority.
Sec. 109. Orbital traffic management.
Sec. 110. Space surveillance and situational awareness data.
Sec. 111. Consensus standards and extension of certain safety
regulation requirements.
Sec. 112. Government astronauts.
Sec. 113. Streamline commercial space launch activities.
Sec. 114. Operation and utilization of the ISS.
Sec. 115. State commercial launch facilities.
Sec. 116. Space support vehicles study.
Sec. 117. Space launch system update.
TITLE II--COMMERCIAL REMOTE SENSING
Sec. 201. Annual reports.
Sec. 202. Statutory update report.
TITLE III--OFFICE OF SPACE COMMERCE
Sec. 301. Renaming of office of space commercialization.
Sec. 302. Functions of the office of space commerce.
TITLE IV--SPACE RESOURCE EXPLORATION AND UTILIZATION
Sec. 401. Short title.
Sec. 402. Title 51 amendment.
Sec. 403. Disclaimer of extraterritorial sovereignty.
(c) References to Title 51, United States Code.--Except as
otherwise expressly provided, wherever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 51, United States Code.
TITLE I--SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND
ENTREPRENEURSHIP
SEC. 101. SHORT TITLE.
This title may be cited as the ``Spurring Private Aerospace
Competitiveness and Entrepreneurship Act of 2015'' or ``SPACE Act of
2015''.
SEC. 102. INTERNATIONAL LAUNCH COMPETITIVENESS.
(a) Sense of Congress.--It is the sense of Congress that it is in
the public interest to update the methodology used to calculate the
maximum probable loss from claims under section 50914 of title 51,
United States Code, with a validated risk profile approach in order to
consistently compute valid and reasonable maximum probable loss values.
(b) Implementation.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the commercial space sector and insurance providers, shall--
(1) evaluate the methodology used to calculate the maximum
probable loss from claims under section 50914 of title 51,
United States Code, and, if necessary, develop a plan to update
that methodology;
(2) in evaluating or developing a plan under paragraph
(1)--
(A) ensure that the Federal Government is not
exposed to greater costs than intended and that launch
companies are not required to purchase more insurance
coverage than necessary; and
(B) consider the impact of the cost to both the
industry and the Government of implementing an updated
methodology; and
(3) submit the evaluation, and any plan, to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives.
(c) Independent Assessment.--Not later than 270 days after the date
the evaluation is submitted under subsection (b)(3), the Comptroller
General shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives an assessment of--
(1) the analysis and conclusions provided by the Secretary
of Transportation in the evaluation, and any plan, under
subsection (b);
(2) the implementation schedule proposed by the Secretary
in the plan described in paragraph (1);
(3) the suitability of the plan described in paragraph (1)
for implementation; and
(4) any further actions needed to implement the plan
described in paragraph (1) or otherwise accomplish the purpose
of this section.
(d) Launch Liability Extension.--Section 50915(f) is amended by
striking ``December 31, 2016'' and inserting ``September 30, 2025''.
SEC. 103. INDEMNIFICATION FOR SPACE FLIGHT PARTICIPANTS.
(a) In General.--Chapter 509 is amended--
(1) in section 50914(a)--
(A) in paragraph (4), by adding at the end the
following:
``(E) space flight participants.''; and
(B) by adding at the end the following:
``(5) Subparagraph (E) of paragraph (4) ceases to be
effective September 30, 2025.''; and
(2) in section 50915(a)--
(A) in paragraph (1), by striking ``a licensee or
transferee under this chapter, a contractor,
subcontractor, or customer of the licensee or
transferee, or a contractor or subcontractor of a
customer, but not against a space flight participant,''
and inserting ``a person described in paragraph
(3)(A)''; and
(B) by adding at the end the following:
``(3)(A) A person described in this subparagraph is--
``(i) a licensee or transferee under this chapter;
``(ii) a contractor, subcontractor, or customer of
the licensee or transferee;
``(iii) a contractor or subcontractor of a
customer; or
``(iv) a space flight participant.
``(B) Clause (iv) of subparagraph (A) ceases to be
effective September 30, 2025.''.
SEC. 104. LAUNCH LICENSE FLEXIBILITY.
Section 50906 is amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``that will be launched or reentered'' and
inserting ``or reusable launch vehicles that will be
launched into a suborbital trajectory or reentered
under that permit'';
(B) by amending paragraph (1) to read as follows:
``(1) research and development to test design concepts,
equipment, or operating techniques;''; and
(C) in paragraph (3)--
(i) by striking ``prior to obtaining a
license''; and
(ii) by inserting ``or vehicle'' after
``design of the rocket'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``suborbital
rocket design'' and inserting ``suborbital rocket or
suborbital rocket design, or for a particular reusable
launch vehicle or reusable launch vehicle design,'';
and
(B) in paragraph (2), by inserting ``or launch
vehicle'' after ``the suborbital rocket'';
(3) by amending subsection (g) to read as follows:
``(g) The Secretary may issue a permit under this section
notwithstanding any license issued under this chapter. The issuance of
a license under this chapter may not invalidate a permit issued under
this section.''; and
(4) in subsection (h), by inserting ``or reusable launch
vehicle'' after ``suborbital rocket''.
SEC. 105. LICENSING REPORT.
Not later than 120 days after the date of enactment of this Act,
the Secretary of Transportation shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of Representatives a
report on approaches for streamlining the licensing and permitting
process of launch vehicles, reentry vehicles, or components of launch
or reentry vehicles, to enable non-launch flight operations related to
space transportation. The report shall include approaches to improve
efficiency, reduce unnecessary costs, resolve inconsistencies, remove
duplication, and minimize unwarranted constraints. The report shall
also include an assessment of existing private and government
infrastructure, as appropriate, in future licensing activities.
SEC. 106. FEDERAL JURISDICTION.
Section 50914 is amended by adding at the end the following:
``(g) Federal Jurisdiction.--Any claim by a third party or space
flight participant for death, bodily injury, or property damage or loss
resulting from an activity carried out under the license shall be the
exclusive jurisdiction of the Federal courts.''.
SEC. 107. CROSS WAIVERS.
Section 50914(b)(1) is amended to read as follows:
``(1)(A) A launch or reentry license issued or transferred
under this chapter shall contain a provision requiring the
licensee or transferee to make a reciprocal waiver of claims
with applicable parties involved in launch services or reentry
services under which each party to the waiver agrees to be
responsible for personal injury to, death of, or property
damage or loss sustained by it or its own employees resulting
from an activity carried out under the applicable license.
``(B) In this paragraph, the term `applicable parties'
means--
``(i) contractors, subcontractors, and customers of
the licensee or transferee;
``(ii) contractors and subcontractors of the
customers; and
``(iii) space flight participants.
``(C) Clause (iii) of subparagraph (B) ceases to be
effective September 30, 2025.''.
SEC. 108. SPACE AUTHORITY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of Science and
Technology Policy, in consultation with the Secretary of State, the
Secretary of Transportation, the Administrator of the National
Aeronautics and Space Administration, the heads of other relevant
Federal agencies, and the commercial space sector, shall--
(1) assess current, and proposed near-term, commercial non-
governmental activities conducted in space;
(2) identify appropriate authorization and supervision
authorities for the activities described in paragraph (1);
(3) recommend an authorization and supervision approach
that would prioritize safety, utilize existing authorities,
minimize burdens to the industry, promote the U.S. commercial
space sector, and meet the United States obligations under
international treaties; and
(4) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a report
on the activities described in paragraphs (1), (2), and (3).
(b) Exception.--Nothing in this section shall apply to the
activities of the ISS national laboratory as described in section 504
of the National Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18354), including any research or development
projects utilizing the ISS national laboratory.
SEC. 109. ORBITAL TRAFFIC MANAGEMENT.
(a) Sense of Congress.--It is the sense of the Congress that an
improved framework may be necessary for space traffic management of
United States Government assets and United States private sector assets
in outer space and orbital debris mitigation.
(b) Study.--Not later than 90 days after the date of enactment of
this Act, the Administrator of the National Aeronautics and Space
Administration, in consultation with the Secretary of Transportation,
the Chair of the Federal Communications Commission, the Secretary of
Commerce, and the Secretary of Defense, shall enter into an arrangement
with an independent systems engineering and technical assistance
organization to study alternate frameworks for the management of space
traffic and orbital activities.
(c) Contents.--The study shall include the following:
(1) An assessment of current regulations, best practices,
and industry standards that apply to space traffic management
and orbital debris mitigation.
(2) An assessment of current statutory authorities granted
to the Federal Communications Commission, the Department of
Transportation, and the Department of Commerce that apply to
space traffic management and orbital debris mitigation and how
those agencies utilize and coordinate those authorities.
(3) A review of all space traffic management and orbital
debris requirements under treaties and other international
agreements to which the United States is a signatory, and other
nonbinding international arrangements in which the United
States participates, and the manner and extent to which the
Federal Government complies with those requirements and
arrangements.
(4) An assessment of existing Federal Government assets
used to conduct space traffic management and space situational
awareness.
(5) An assessment of the risk to space traffic management
associated with smallsats and any necessary Government
coordination for their launch and utilization to avoid
congestion of the orbital environment and improve space
situational awareness.
(6) An assessment of existing private sector information
sharing activities associated with space situational awareness
and space traffic management.
(7) Recommendations related to the appropriate framework
for the protection of the health, safety, and welfare of the
public and economic vitality of the space industry.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives the study
required in subsection (b).
(e) Department of Defense Authorities.--
(1) Sense of congress.--It is the sense of Congress that
the Department of Defense plays a vital and unique role in
protecting national security assets in space.
(2) Rule of construction.--Nothing in this section may be
construed to affect the authority of the Secretary of Defense
as it relates to safeguarding the national security.
SEC. 110. SPACE SURVEILLANCE AND SITUATIONAL AWARENESS DATA.
Not later than 120 days after the date of enactment of this Act,
the Secretary of Transportation in concurrence with the Secretary of
Defense shall--
(1) in consultation with the heads of other relevant
Federal agencies, study the feasibility of processing and
releasing safety-related space situational awareness data and
information to any entity consistent with national security
interests and public safety obligations of the United States;
and
(2) submit a report on the feasibility study to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives.
SEC. 111. CONSENSUS STANDARDS AND EXTENSION OF CERTAIN SAFETY
REGULATION REQUIREMENTS.
Section 50905(c) is amended--
(1) in paragraph (1), by inserting ``In general.--'' before
``The Secretary'';
(2) in paragraph (2), by inserting ``Regulations.--''
before ``Regulations'';
(3) by striking paragraph (3);
(4) by redesignating paragraph (4) as paragraph (10);
(5) by inserting after paragraph (2) the following:
``(3) Facilitation of standards.--The Secretary shall
continue to work with the commercial space sector, including
the Commercial Space Transportation Advisory Committee, or its
successor organization, to facilitate the development of
voluntary industry consensus standards based on recommended
best practices to improve the safety of crew, government
astronauts, and space flight participants as the commercial
space sector continues to mature.
``(4) Communication and transparency.--Nothing in this
subsection shall be construed to limit the authority of the
Secretary to discuss potential regulatory approaches, potential
performance standards, or any other topic related to this
subsection with the commercial space industry, including
observations, findings, and recommendations from the Commercial
Space Transportation Advisory Committee, or its successor
organization, prior to the issuance of a notice of proposed
rulemaking. Such discussions shall not be construed to permit
the Secretary to promulgate industry regulations except as
otherwise provided in this section.
``(5) Interim voluntary industry consensus standards
reports.--
``(A) In general.--Not later than December 31,
2016, and every 30 months thereafter until December 31,
2021, the Secretary, in consultation and coordination
with the commercial space sector, including the
Commercial Space Transportation Advisory Committee, or
its successor organization, shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a report on
the progress of the commercial space transportation
industry in developing voluntary industry consensus
standards that promote best practices to improve
industry safety.
``(B) Contents.--The report shall include, at a
minimum--
``(i) any voluntary industry consensus
standards that have been accepted by the
industry at large;
``(ii) the identification of areas that
have the potential to become voluntary industry
consensus standards that are currently under
consideration by the industry at large;
``(iii) an assessment from the Secretary on
the general progress of the industry in
adopting voluntary industry consensus
standards;
``(iv) any lessons learned about voluntary
industry consensus standards, best practices,
and commercial space launch operations;
``(v) any lessons learned associated with
the development, potential application, and
acceptance of voluntary industry consensus
standards, best practices, and commercial space
launch operations; and
``(vi) recommendations, findings, or
observations from the Commercial Space
Transportation Advisory Committee, or its
successor organization, on the progress of the
industry in developing voluntary industry
consensus standards that promote best practices
to improve industry safety.
``(6) Report.--Not later than 270 days after the date of
enactment of the SPACE Act of 2015, the Secretary, in
consultation and coordination with the commercial space sector,
including the Commercial Space Transportation Advisory
Committee, or its successor organization, shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives a report specifying key industry
metrics that might indicate readiness of the commercial space
sector and the Department of Transportation to transition to a
safety framework that may include regulations under paragraph
(9) that considers space flight participant, government
astronaut, and crew safety.
``(7) Reports.--Not later than March 31 of each of 2018 and
2022, the Secretary, in consultation and coordination with the
commercial space sector, including the Commercial Space
Transportation Advisory Committee, or its successor
organization, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of Representatives
a report that identifies the activities, described in this
subsection and subsection (d) most appropriate for a new safety
framework that may include regulatory action, if any, and a
proposed transition plan for such safety framework.
``(8) Independent review.--Not later than December 31,
2022, an independent systems engineering and technical
assistance organization or standards development organization
contracted by the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives an assessment of the readiness of the
commercial space industry and the Federal Government to
transition to a safety framework that may include regulations.
As part of the review, the contracted organization shall
evaluate--
``(A) the progress of the commercial space industry
in adopting voluntary industry consensus standards as
reported by the Secretary in the interim assessments
included in the reports under paragraph (5);
``(B) the progress of the commercial space industry
toward meeting the key industry metrics identified by
the report under paragraph (6), including the knowledge
and operational experience obtained by the commercial
space industry while providing services for
compensation or hire; and
``(C) whether the areas identified in the reports
under paragraph (5) are appropriate for regulatory
action, or further development of voluntary industry
consensus standards, considering the progress evaluated
in subparagraphs (A) and (B) of this paragraph.
``(9) Learning period.--Beginning on October 1, 2023, the
Secretary may propose regulations under this subsection without
regard to subparagraphs (C) and (D) of paragraph (2). The
development of any such regulations shall take into
consideration the evolving standards of the commercial space
flight industry as identified in the reports published under
paragraphs (5), (6), and (7).''; and
(6) in paragraph (10), as redesignated, by inserting ``Rule
of construction.--'' before ``Nothing''.
SEC. 112. GOVERNMENT ASTRONAUTS.
(a) Findings and Purpose.--Section 50901(15) is amended by
inserting ``, government astronauts,'' after ``crew'' each place it
appears.
(b) Sense of Congress.--The National Aeronautics and Space
Administration has a need to fly government astronauts (as defined in
section 50902 of title 51, United States Code, as amended) within
commercial launch vehicles and reentry vehicles under chapter 509 of
that title. This need was identified by the Secretary of Transportation
and the Administrator of the National Aeronautics and Space
Administration due to the intended use of commercial launch vehicles
and reentry vehicles developed under the Commercial Crew Development
Program, authorized in section 402 of the National Aeronautics and
Space Administration Authorization Act of 2010 (124 Stat. 2820; Public
Law 111-267). It is the sense of Congress that the authority delegated
to the Administration by the amendment made by subsection (d) of this
section should be used for that purpose.
(c) Definition of Government Astronaut.--Section 50902 is amended--
(1) by redesignating paragraphs (4) through (22) as
paragraphs (7) through (25), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) `government astronaut' means an individual who--
``(A) is designated by the National Aeronautics and
Space Administration under section 20113(n);
``(B) is carried within a launch vehicle or reentry
vehicle in the course of his or her employment, which
may include performance of activities directly relating
to the launch, reentry, or other operation of the
launch vehicle or reentry vehicle; and
``(C) is either--
``(i) an employee of the United States
Government, including the uniformed services,
engaged in the performance of a Federal
function under authority of law or an Executive
act; or
``(ii) an international partner astronaut.
``(5) `international partner astronaut' means an individual
designated under Article 11 of the International Space Station
Intergovernmental Agreement, by a partner to that agreement
other than the United States, as qualified to serve as an
International Space Station crew member.
``(6) `International Space Station Intergovernmental
Agreement' means the Agreement Concerning Cooperation on the
International Space Station, signed at Washington January 29,
1998 (TIAS 12927).''.
(d) Powers of the National Aeronautics and Space Administration in
Performance of Functions.--Section 20113 is amended by adding at the
end the following:
``(n) Identification of Government Astronauts.--For purposes of a
license issued or transferred by the Secretary of Transportation under
chapter 509 to launch a launch vehicle or to reenter a reentry vehicle
carrying a government astronaut (as defined in section 50902), the
Administration shall designate a government astronaut in accordance
with requirements prescribed by the Administration.''.
(e) Definition of Launch.--Paragraph (7) of section 50902, as
redesignated, is amended by striking ``and any payload, crew, or space
flight participant'' and inserting ``and any payload or human being''.
(f) Definition of Launch Services.--Paragraph (9) of section 50902,
as redesignated, is amended by striking ``payload, crew (including crew
training), or space flight participant'' and inserting ``payload, crew
(including crew training), government astronaut, or space flight
participant''.
(g) Definition of Reenter and Reentry.--Paragraph (16) of section
50902, as redesignated, is amended by striking ``and its payload, crew,
or space flight participants, if any,'' and inserting ``and its payload
or human beings, if any,''.
(h) Definition of Reentry Services.--Paragraph (17) of section
50902, as redesignated, is amended by striking ``payload, crew
(including crew training), or space flight participant, if any,'' and
inserting ``payload, crew (including crew training), government
astronaut, or space flight participant, if any,''.
(i) Definition of Space Flight Participant.--Paragraph (20) of
section 50902, as redesignated, is amended to read as follows:
``(20) `space flight participant' means an individual, who
is not crew or a government astronaut, carried within a launch
vehicle or reentry vehicle.''.
(j) Definition of Third Party.--Paragraph (24)(E) of section 50902,
as redesignated, is amended by inserting ``, government astronauts,''
after ``crew''.
(k) Restrictions on Launches, Operations, and Reentries; Single
License or Permit.--Section 50904(d) is amended by striking
``activities involving crew or space flight participants'' and
inserting ``activities involving crew, government astronauts, or space
flight participants''.
(l) License Applications and Requirements; Applications.--Section
50905 is amended--
(1) in subsection (a)(2), by striking ``crews and space
flight participants'' and inserting ``crew, government
astronauts, and space flight participants'';
(2) in subsection (b)(2)(D), by striking ``crew or space
flight participants'' and inserting ``crew, government
astronauts, or space flight participants''; and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``crew and space
flight participants'' and inserting ``crew, government
astronauts, and space flight participants''; and
(B) in paragraph (2), by striking ``to crew or
space flight participants'' each place it appears and
inserting ``to crew, government astronauts, or space
flight participants''.
(m) Monitoring Activities.--Section 50907(a) is amended by striking
``at a site used for crew or space flight participant training'' and
inserting ``at a site not owned or operated by the Federal Government
or a foreign government used for crew, government astronaut, or space
flight participant training''.
(n) Additional Suspensions.--Section 50908(d)(1) is amended by
striking ``to crew or space flight participants'' each place it appears
and inserting ``to any human being''.
(o) Relationship to Other Executive Agencies, Laws, and
International Obligations; Nonapplication.--Section 50919(g) is amended
to read as follows:
``(g) Nonapplication.--
``(1) In general.--This chapter does not apply to--
``(A) 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
``(B) planning or policies related to the launch,
reentry, operation, or activity under subparagraph (A).
``(2) Rule of construction.--The following activities are
not space activities the Government carries out for the
Government under paragraph (1):
``(A) A government astronaut being carried within a
launch vehicle or reentry vehicle under this chapter.
``(B) A government astronaut performing activities
directly relating to the launch, reentry, or other
operation of the launch vehicle or reentry vehicle
under this chapter.''.
SEC. 113. STREAMLINE COMMERCIAL SPACE LAUNCH ACTIVITIES.
(a) Sense of Congress.--It is the sense of Congress that
eliminating duplicative requirements and approvals for commercial
launch and reentry operations will promote and encourage the
development of the commercial space sector.
(b) Reaffirmation of Policy.--Congress reaffirms that the Secretary
of Transportation, in overseeing and coordinating commercial launch and
reentry operations, should--
(1) promote commercial space launches and reentries by the
private sector;
(2) facilitate Government, State, and private sector
involvement in enhancing U.S. launch sites and facilities;
(3) protect public health and safety, safety of property,
national security interests, and foreign policy interests of
the United States; and
(4) consult with the head of another executive agency,
including the Secretary of Defense or the Administrator of the
National Aeronautics and Space Administration, as necessary to
provide consistent application of licensing requirements under
chapter 509 of title 51, United States Code.
(c) Requirements.--
(1) In general.--The Secretary of Transportation under
section 50918 of title 51, United States Code, and subject to
section 50905(b)(2)(C) of that title, shall consult with the
Secretary of Defense, the Administrator of the National
Aeronautics and Space Administration, and the heads of other
executive agencies, as appropriate--
(A) to identify all requirements that are imposed
to protect the public health and safety, safety of
property, national security interests, and foreign
policy interests of the United States relevant to any
commercial launch of a launch vehicle or commercial
reentry of a reentry vehicle; and
(B) to evaluate the requirements identified in
subparagraph (A) and, in coordination with the licensee
or transferee and the heads of the relevant executive
agencies--
(i) determine whether the satisfaction of a
requirement of one agency could result in the
satisfaction of a requirement of another
agency; and
(ii) resolve any inconsistencies and remove
any outmoded or duplicative requirements or
approvals of the Federal Government relevant to
any commercial launch of a launch vehicle or
commercial reentry of a reentry vehicle.
(2) Reports.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter until the
Secretary of Transportation determines no outmoded or
duplicative requirements or approvals of the Federal Government
exist, the Secretary of Transportation, in consultation with
the Secretary of Defense, the Administrator of the National
Aeronautics and Space Administration, the commercial space
sector, and the heads of other executive agencies, as
appropriate, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Science, Space, and Technology of the House of Representatives,
and the congressional defense committees a report that includes
the following:
(A) A description of the process for the
application for and approval of a permit or license
under chapter 509 of title 51, United States Code, for
the commercial launch of a launch vehicle or commercial
reentry of a reentry vehicle, including the
identification of--
(i) any unique requirements for operating
on a United States Government launch site,
reentry site, or launch property; and
(ii) any inconsistent, outmoded, or
duplicative requirements or approvals.
(B) A description of current efforts, if any, to
coordinate and work across executive agencies to define
interagency processes and procedures for sharing
information, avoiding duplication of effort, and
resolving common agency requirements.
(C) Recommendations for legislation that may
further--
(i) streamline requirements in order to
improve efficiency, reduce unnecessary costs,
resolve inconsistencies, remove duplication,
and minimize unwarranted constraints; and
(ii) consolidate or modify requirements
across affected agencies into a single
application set that satisfies the requirements
identified in paragraph (1)(A).
(3) Definitions.--For purposes of this subsection--
(A) any applicable definitions set forth in section
50902 of title 51, United States Code, shall apply;
(B) the terms ``launch'', ``reenter'', and
``reentry'' include landing of a launch vehicle or
reentry vehicle; and
(C) the terms ``United States Government launch
site'' and ``United States Government reentry site''
include any necessary facility, at that location, that
is commercially operated on United States Government
property.
SEC. 114. OPERATION AND UTILIZATION OF THE ISS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) maximum utilization of partnerships, scientific
research, commercial applications, and exploration test bed
capabilities of the ISS is essential to ensuring the greatest
return on investments made by the United States and its
international partners in the development, assembly, and
operations of that unique facility; and
(2) every effort should be made to ensure that decisions
regarding the service life of the ISS are based on the
station's projected capability to continue providing effective
and productive research and exploration test bed capabilities.
(b) Continuation of the International Space Station.--
(1) In general.--Section 501 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18351) is amended--
(A) in the heading, by striking ``through 2020'';
and
(B) in subsection (a), by striking ``through at
least 2020'' and inserting ``through at least 2024''.
(2) Maintenance of the united states segment and assurance
of continued operations of the international space station.--
Section 503 of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18353) is
amended--
(A) in subsection (a), by striking ``through at
least September 30, 2020'' and inserting ``through at
least September 30, 2024''; and
(B) in subsection (b)(1), by striking ``In carrying
out subsection (a), the Administrator'' and inserting
``The Administrator''.
(3) Research capacity allocation and integration of
research payloads.--Section 504(d) of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18354(d)) is amended by striking ``September 30, 2020'' each
place it appears and inserting ``at least September 30, 2024''.
(4) Maintaining use through at least 2024.--Section 70907
is amended to read as follows:
``Sec. 70907. Maintaining use through at least 2024
``(a) Policy.--The Administrator shall take all necessary steps to
ensure that the International Space Station remains a viable and
productive facility capable of potential United States utilization
through at least September 30, 2024.
``(b) NASA Actions.--In furtherance of the policy under subsection
(a), the Administrator shall ensure, to the extent practicable, that
the International Space Station, as a designated national laboratory--
``(1) remains viable as an element of overall exploration
and partnership strategies and approaches;
``(2) is considered for use by all NASA mission
directorates, as appropriate, for technically appropriate
scientific data gathering or technology risk reduction
demonstrations; and
``(3) remains an effective, functional vehicle providing
research and test bed capabilities for the United States
through at least September 30, 2024.''.
(5) Technical and conforming amendments.--
(A) Table of contents of 2010 act.--The item
relating to section 501 in the table of contents in
section 1(b) of the National Aeronautics and Space
Administration Authorization Act of 2010 (124 Stat.
2806) is amended by striking ``through 2020''.
(B) Table of contents of chapter 709.--The table of
contents for chapter 709 is amended by amending the
item relating to section 70907 to read as follows:
``70907. Maintaining use through at least 2024.''.
SEC. 115. STATE COMMERCIAL LAUNCH FACILITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) State involvement, development, ownership, and
operation of launch facilities can enable growth of the
Nation's commercial suborbital and orbital space endeavors and
support both commercial and Government space programs;
(2) State launch facilities and the people and property in
the affected launch areas of those facilities may be subject to
risks resulting from an activity carried out under a license
under chapter 509 of title 51, United States Code; and
(3) to ensure the success of the commercial launch industry
and the safety of the people and property in the affected
launch areas of those facilities, States and State launch
facilities should seek to take proper measures to protect
themselves, to the extent of their potential liability for
involvement in launch services or reentry services, and
compensate third parties for possible death, bodily injury, or
property damage or loss resulting from an activity carried out
under a license under chapter 509 of title 51, United States
Code, to which the State or State launch facility is involved
in the launch services or reentry services.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of Representatives a
report on the potential inclusion of all government property, including
State and municipal property, in the existing indemnification regime
established under section 50914 of title 51, United States Code.
SEC. 116. SPACE SUPPORT VEHICLES STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of Representatives a
report on the use of space support vehicle services in the commercial
space industry.
(b) Contents.--This report shall include--
(1) the extent to which launch providers rely on such
services as part of their business models;
(2) the statutory, regulatory, and market barriers to the
use of such services; and
(3) recommendations for legislative or regulatory action
that may be needed to ensure reduced barriers to the use of
such services if such use is a requirement of the industry.
SEC. 117. SPACE LAUNCH SYSTEM UPDATE.
(a) In General.--Chapter 701 is amended--
(1) in the heading by striking ``SPACE SHUTTLE'' and
inserting ``SPACE LAUNCH SYSTEM'';
(2) in section 70101--
(A) in the heading, by striking ``space shuttle''
and inserting ``space launch system''; and
(B) by striking ``space shuttle'' and inserting
``space launch system'';
(3) by amending section 70102 to read as follows:
``Sec. 70102. Space launch system use policy
``(a) In General.--The Space Launch System may be used for the
following circumstances:
``(1) Payloads and missions that contribute to extending
human presence beyond low-Earth orbit and substantially benefit
from the unique capabilities of the Space Launch System.
``(2) Other payloads and missions that substantially
benefit from the unique capabilities of the Space Launch
System.
``(3) On a space available basis, Federal Government or
educational payloads that are consistent with NASA's mission
for exploration beyond low-Earth orbit.
``(4) Compelling circumstances, as determined by the
Administrator.
``(b) Agreements With Foreign Entities.--The Administrator may
plan, negotiate, or implement agreements with foreign entities for the
launch of payloads for international collaborative efforts relating to
science and technology using the Space Launch System.
``(c) Compelling Circumstances.--Not later than 30 days after the
date the Administrator makes a determination under subsection (a)(4),
the Administrator shall transmit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Science of the
House of Representatives written notification of the Administrator's
intent to select the Space Launch System for a specific mission under
that subsection, including justification for the determination.'';
(4) in section 70103--
(A) in the heading, by striking ``space shuttle''
and inserting ``space launch system''; and
(B) in subsection (b), by striking ``space
shuttle'' each place it appears and inserting ``space
launch system''; and
(5) by adding at the end the following:
``Sec. 70104. Definition of Space Launch System
``In this chapter, the term `Space Launch System' means the Space
Launch System authorized under section 302 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18322).''.
(b) Technical and Conforming Amendments.--
(1) Table of chapters.--The table of chapters of title 51
is amended by amending the item relating to chapter 701 to read
as follows:
``701. Use of space launch system or alternatives.......... 70101''.
(2) Table of contents of chapter 701.--The table of
contents of chapter 701 is amended--
(A) in the item relating to section 70101, by
striking ``space shuttle'' and inserting ``space launch
system'';
(B) in the item relating to section 70102, by
striking ``Space shuttle'' and inserting ``Space launch
system'';
(C) in the item relating to section 70103, by
striking ``space shuttle'' and inserting ``space launch
system''; and
(D) by adding at the end the following:
``70104. Definition of Space Launch System.''.
(3) Requirement to procure commercial space transportation
services.--Section 50131(a) of chapter 51 is amended by
inserting ``or in section 70102'' after ``in this section''.
TITLE II--COMMERCIAL REMOTE SENSING
SEC. 201. ANNUAL REPORTS.
(a) In General.--Subchapter III of chapter 601 is amended by adding
at the end the following:
``Sec. 60126. Annual reports
``(a) In General.--The Secretary shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Science, Space, and Technology of the House of
Representatives not later than 180 days after the date of enactment of
the U.S. Commercial Space Launch Competitiveness Act, and annually
thereafter, on--
``(1) the Secretary's implementation of section 60121,
including--
``(A) a list of all applications received in the
previous calendar year;
``(B) a list of all applications that resulted in a
license under section 60121;
``(C) a list of all applications denied and an
explanation of why each application was denied,
including any information relevant to the interagency
adjudication process of a licensing request;
``(D) a list of all applications that required
additional information; and
``(E) a list of all applications whose disposition
exceeded the 120 day deadline established in section
60121(c), the total days overdue for each application
that exceeded such deadline, and an explanation for the
delay;
``(2) all notifications and information provided to the
Secretary under section 60122; and
``(3) a description of all actions taken by the Secretary
under the administrative authority granted by paragraphs (4),
(5), and (6) of section 60123(a).
``(b) Classified Annexes.--Each report under subsection (a) may
include classified annexes as necessary to protect the disclosure of
sensitive or classified information.
``(c) Sunset.--The reporting requirement under this section
terminates effective September 30, 2020.''.
(b) Table of Contents.--The table of contents of chapter 601 is
amended by inserting after the item relating to section 60125 the
following:
``60126. Annual reports.''.
SEC. 202. STATUTORY UPDATE REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Commerce, in consultation with the heads of other
appropriate Federal agencies and the National Oceanic and Atmospheric
Administration's Advisory Committee on Commercial Remote Sensing, shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of the House
of Representatives a report on statutory updates necessary to license
private remote sensing space systems. In preparing the report, the
Secretary shall take into account the need to protect national security
while maintaining United States private sector leadership in the field,
and reflect the current state of the art of remote sensing systems,
instruments, or technologies.
TITLE III--OFFICE OF SPACE COMMERCE
SEC. 301. RENAMING OF OFFICE OF SPACE COMMERCIALIZATION.
(a) Chapter Heading.--
(1) Amendment.--The heading for chapter 507 is amended by
striking ``COMMERCIALIZATION'' and inserting ``COMMERCE''.
(2) Conforming amendment.--The item relating to chapter 507
in the table of chapters for title 51 is amended by striking
``Commercialization'' and inserting ``Commerce''.
(b) Definition of Office.--Section 50701 is amended by striking
``Commercialization'' and inserting ``Commerce''.
(c) Renaming.--Section 50702(a) is amended by striking
``Commercialization'' and inserting ``Commerce''.
SEC. 302. FUNCTIONS OF THE OFFICE OF SPACE COMMERCE.
Section 50702(c) is amended by striking ``Commerce.'' and inserting
``Commerce, including--
``(1) to foster the conditions for the economic growth and
technological advancement of the United States space commerce
industry;
``(2) to coordinate space commerce policy issues and
actions within the Department of Commerce;
``(3) to represent the Department of Commerce in the
development of United States policies and in negotiations with
foreign countries to promote United States space commerce;
``(4) to promote the advancement of United States
geospatial technologies related to space commerce, in
cooperation with relevant interagency working groups; and
``(5) to provide support to Federal Government
organizations working on Space-Based Positioning Navigation,
and Timing policy, including the National Coordination Office
for Space-Based Position, Navigation, and Timing.''.
TITLE IV--SPACE RESOURCE EXPLORATION AND UTILIZATION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Space Resource Exploration and
Utilization Act of 2015''.
SEC. 402. TITLE 51 AMENDMENT.
(a) In General.--Subtitle V is amended by adding at the end the
following:
``CHAPTER 513--SPACE RESOURCE COMMERCIAL EXPLORATION AND UTILIZATION
``Sec.
``51301. Definitions.
``51302. Commercial exploration and commercial recovery.
``51303. Asteroid resource and space resource rights.
``Sec. 51301. Definitions
``In this chapter:
``(1) Asteroid resource.--The term `asteroid resource'
means a space resource found on or within a single asteroid.
``(2) Space resource.--
``(A) In general.--The term `space resource' means
an abiotic resource in situ in outer space.
``(B) Inclusions.--The term `space resource'
includes water and minerals.
``(3) United states citizen.--The term `United States
citizen' has the meaning given the term `citizen of the United
States' in section 50902.
``Sec. 51302. Commercial exploration and commercial recovery
``(a) In General.--The President, acting through appropriate
Federal agencies, shall--
``(1) facilitate commercial exploration for and commercial
recovery of space resources by United States citizens;
``(2) discourage government barriers to the development in
the United States of economically viable, safe, and stable
industries for commercial exploration for and commercial
recovery of space resources in manners consistent with the
international obligations of the United States; and
``(3) promote the right of United States citizens to engage
in commercial exploration for and commercial recovery of space
resources free from harmful interference, in accordance with
the international obligations of the United States and subject
to authorization and continuing supervision by the Federal
Government.
``(b) Report.--Not later than 180 days after the date of enactment
of this section, the President shall submit to Congress a report on
commercial exploration for and commercial recovery of space resources
by United States citizens that specifies--
``(1) the authorities necessary to meet the international
obligations of the United States, including authorization and
continuing supervision by the Federal Government; and
``(2) recommendations for the allocation of
responsibilities among Federal agencies for the activities
described in paragraph (1).
``Sec. 51303. Asteroid resource and space resource rights
``A United States citizen engaged in commercial recovery of an
asteroid resource or a space resource under this chapter shall be
entitled to any asteroid resource or space resource obtained, including
to possess, own, transport, use, and sell the asteroid resource or
space resource obtained in accordance with applicable law, including
the international obligations of the United States.''.
(b) Table of Chapters.--The table of chapters for title 51 is
amended by adding at the end of the items for subtitle V the following:
``513. Space resource commercial exploration and utilization 51301''.
SEC. 403. DISCLAIMER OF EXTRATERRITORIAL SOVEREIGNTY.
It is the sense of Congress that by the enactment of this Act, the
United States does not thereby assert sovereignty or sovereign or
exclusive rights or jurisdiction over, or the ownership of, any
celestial body.
Attest:
Secretary.
114th CONGRESS
1st Session
H.R. 2262
_______________________________________________________________________
AMENDMENT