[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2262 Engrossed Amendment Senate (EAS)]

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                  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