[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2262 Referred in Senate (RFS)]
114th CONGRESS
1st Session
H. R. 2262
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2015
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Spurring Private
Aerospace Competitiveness and Entrepreneurship Act of 2015'' or the
``SPACE Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMERCIAL SPACE LAUNCH
Sec. 101. Consensus standards.
Sec. 102. International launch competitiveness.
Sec. 103. Launch license flexibility.
Sec. 104. Government astronauts.
Sec. 105. Indemnification for space flight participants.
Sec. 106. Independent study of indemnification for space flight
participants.
Sec. 107. Federal jurisdiction.
Sec. 108. Cross-waivers.
Sec. 109. Orbital traffic management.
Sec. 110. State commercial launch facilities.
Sec. 111. Space support vehicles study.
Sec. 112. Streamline commercial space launch activities.
Sec. 113. Space Launch System update.
TITLE II--SPACE RESOURCE EXPLORATION AND UTILIZATION
Sec. 201. Short title.
Sec. 202. Title 51 amendment.
TITLE III--COMMERCIAL REMOTE SENSING
Sec. 301. Annual reporting.
Sec. 302. Statutory update report.
TITLE IV--OFFICE OF SPACE COMMERCE
Sec. 401. Renaming of Office of Space Commercialization.
Sec. 402. Functions of the Office of Space Commerce.
TITLE I--COMMERCIAL SPACE LAUNCH
SEC. 101. CONSENSUS STANDARDS.
Section 50905(c) of title 51, United States Code, is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraph (4) as paragraph (8); and
(3) by inserting after paragraph (2) the following:
``(3) Interim industry voluntary consensus standards
report.--The Secretary, in consultation with the Commercial
Space Transportation Advisory Committee, or its successor
organization, shall provide a report to the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate on the progress of the commercial space
transportation industry in developing voluntary consensus
standards or any other construction that promotes best
practices to improve the industry. Such report shall include,
at a minimum--
``(A) any voluntary industry consensus standards or
any other construction that have been accepted by the
industry at large;
``(B) the identification of areas that have the
potential to become voluntary industry consensus
standards or another potential construction that are
currently under consideration by the industry at large;
``(C) an assessment from the Secretary on the
general progress of the industry in adopting voluntary
consensus standards or any other construction;
``(D) lessons learned about voluntary industry
consensus standards or any other construction, best
practices, and commercial space launch operations;
``(E) any lessons learned associated with the
development, potential application, and acceptance of
voluntary industry consensus standards or any other
construction, best practices, and commercial space
launch operations; and
``(F) recommendations, findings, or observations
from the Commercial Space Transportation Advisory
Committee, or its successor organization, on the
progress of the industry in developing industry
consensus standards or any other construction.
This report, with the appropriate updates in the intervening
periods, shall be transmitted to such committees no later than
December 31, 2016, December 31, 2018, December 31, 2020, and
December 31, 2022. Each report shall describe and assess the
progress achieved as of 6 months prior to the specified
transmittal date.
``(4) Interim report on knowledge and operational
experience.--The Secretary shall provide a report to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the of the Senate on the status of the
knowledge and operational experience acquired by the industry
while providing flight services for compensation or hire to
support the development of a safety framework. Interim reports
shall by transmitted to such committees no later than December
31, 2018, December 31, 2020, and December 31, 2022. Each report
shall describe and assess the progress achieved as of 6 months
prior to the specified transmittal date.
``(5) Independent review.--No later than December 31, 2023,
an independent, private systems engineering and technical
assistance organization or standards development organization
contracted by the Secretary shall provide to the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate 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 industry voluntary standards or any other
construction as reported by the Secretary in the
interim assessments included in reports provided under
paragraph (3); and
``(B) the knowledge and operational experience
obtained by the commercial space industry while
providing services for compensation or hire as reported
by the Secretary in the interim knowledge and
operational reports provided under paragraph (4).
``(6) Learning period.--Beginning on December 31, 2025, the
Secretary may propose regulations under this subsection without
regard to paragraph (2)(C) and (D). The development of any such
regulations shall take into consideration the evolving
standards of the commercial space flight industry as identified
through the reports published under paragraphs (3) and (4).
``(7) Communication and transparency.--Nothing in this
subsection shall be construed to limit the authority of the
Secretary of Transportation to discuss potential 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.''.
SEC. 102. INTERNATIONAL LAUNCH COMPETITIVENESS.
(a) Purpose.--The purpose of this section is to provide for
updating 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 to provide reasonable maximum probable
loss values associated with potential third party losses from
commercially licensed launches. An appropriately updated methodology
will help ensure that the Federal Government is not exposed to greater
financial risks than intended and that launch companies are not
required to purchase more insurance coverage than necessary.
(b) Maximum Probable Loss Plan.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Transportation shall
provide to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan to update the methodology used to
calculate maximum probable loss from claims under section 50914 of
title 51, United States Code, through the use of a validated risk
profile approach. Such plan shall include, at a minimum--
(1) an evaluation of the reasonableness of the current
single casualty estimate and, if needed, the steps the
Secretary will take to update such estimate;
(2) an evaluation, in consultation with the Administrator
of the National Aeronautics and Space Administration and the
heads of other relevant executive agencies, of the
reasonableness of the dollar value of the insurance requirement
required by the Secretary for launch providers to cover damage
to Government property resulting from a commercially licensed
space launch activity, and recommendations as to a reasonable
calculation if, as determined by the Secretary, the current
statutory threshold is insufficient;
(3) a schedule of when updates to the methodology and
calculations for the totality of the Maximum Probable Loss will
be implemented, and a detailed explanation of any changes to
the current calculation; and
(4) consideration of the impact of the cost of its
implementation on the licensing process, both in terms of the
cost to industry of collecting and providing the requisite data
and cost to the Government of analyzing the data.
(c) Independent Assessment.--Not later than 270 days after
transmittal of the plan under subsection (b), the Comptroller General
shall provide to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an assessment of--
(1) the conclusions and analysis provided by the Secretary
of Transportation in the plan required under subsection (b);
(2) the implementation schedule proposed by the Secretary
in such plan;
(3) the suitability of the plan for implementation; and
(4) any further actions needed to implement the plan or
otherwise accomplish the purpose of this section.
(d) Launch Liability Extension.--Section 50915(f) of title 51,
United States Code, is amended by striking ``December 31, 2016'' and
inserting ``December 31, 2025''.
SEC. 103. LAUNCH LICENSE FLEXIBILITY.
Section 50906 of title 51, United States Code, is amended--
(1) in subsection (d), 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'';
(2) by amending subsection (d)(1) to read as follows:
``(1) research and development to test design concepts,
equipment, or operating techniques;'';
(3) in subsection (d)(3)--
(A) by striking ``prior to obtaining a license'';
and
(B) by inserting ``or vehicle'' after ``design of
the rocket'';
(4) in subsection (e)(1), by striking ``suborbital rocket
design'' and inserting ``suborbital rocket or rocket design, or
for a particular reusable launch vehicle or reusable launch
vehicle design,'';
(5) in subsection (e)(2), by inserting ``or launch
vehicle'' after ``the suborbital rocket'';
(6) 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 shall not invalidate a permit under this
section.''; and
(7) in subsection (h), by inserting ``or reusable launch
vehicle'' after ``suborbital rocket''.
SEC. 104. GOVERNMENT ASTRONAUTS.
(a) Definitions.--Section 50902 of title 51, United States Code, is
amended--
(1) by redesignating paragraphs (4) through (22) as
paragraphs (5) through (23), respectively;
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) `government astronaut' means an individual designated
as such by the Administrator of the National Aeronautics and
Space Administration, pursuant requirements established by the
Administrator, who--
``(A) is an employee of--
``(i) the United States Government,
including the United States Armed Forces; or
``(ii) a foreign government that is a party
to the Intergovernmental Agreement Among the
Government of Canada, Governments of Member
States of the European Space Agency, the
Government of Japan, the Government of the
Russian Federation, and the Government of the
United States of America Concerning Cooperation
on the Civil International Space Station,
signed on January 29, 1998; and
``(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.'';
(3) in paragraph (5), as so redesignated by paragraph (1)
of this subsection, by inserting ``government astronaut,''
after ``crew,'';
(4) in paragraph (7)(A), as so redesignated by paragraph
(1) of this subsection, by inserting ``government astronaut,''
after ``(including crew training),'';
(5) in paragraph (14), as so redesignated by paragraph (1)
of this subsection, by inserting ``government astronauts,''
after ``crew,'';
(6) in paragraph (15)(A), as so redesignated by paragraph
(1) of this subsection, by inserting ``government astronaut,''
after ``(including crew training),'';
(7) by amending paragraph (18), as so redesignated by
paragraph (1) of this subsection, to read as follows:
``(18) `space flight participant' means an individual, who
is not crew or a government astronaut, carried within a launch
vehicle or reentry vehicle.''; and
(8) in paragraph (22)(E), as so redesignated by paragraph
(1) of this subsection, by inserting ``, government
astronauts,'' after ``crew''.
(b) Restrictions on Launches, Operations, and Reentries; Single
License or Permit.--Section 50904(d) of title 51, United States Code,
is amended by inserting ``, government astronauts,'' after ``crew''.
(c) License Applications and Requirements; Applications.--Section
50905 of title 51, United States Code, 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 inserting ``, government
astronauts,'' after ``crew''; and
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``, government
astronauts,'' after ``crew''; 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''.
(d) Monitoring Activities.--Section 50907(a) of title 51, United
States Code, is amended by striking ``crew or space flight participant
training'' and inserting ``crew, government astronaut, or space flight
participant training''.
(e) Additional Suspensions.--Section 50908(d)(1) of title 51,
United States Code, is amended by striking ``to crew or space flight
participants'' each place it appears and inserting ``to crew,
government astronauts, or space flight participants''.
SEC. 105. INDEMNIFICATION FOR SPACE FLIGHT PARTICIPANTS.
Chapter 509 of title 51, United States Code, is amended--
(1) in section 50914(a)(4), by adding at the end the
following:
``(E) space flight participants.''; and
(2) in section 50915(a)(1)--
(A) by striking ``or a contractor'' and inserting
``a contractor''; and
(B) by striking ``but not against'' and inserting
``or''.
SEC. 106. INDEPENDENT STUDY OF INDEMNIFICATION FOR SPACE FLIGHT
PARTICIPANTS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General shall provide to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report detailing
the results of a study of the issues associated with space flight
participants and potential third party claims that could arise from a
potential accident of a commercial licensed launch vehicle or reentry
vehicle that is carrying space flight participants. The study shall--
(1) identify the issues associated with space flight
participants and third party liability;
(2) identify options for addressing the issues;
(3) identify any potential unintended consequences and
issues associated with each of the options; and
(4) identify any potential costs to the Federal Government
for each of the options.
SEC. 107. FEDERAL JURISDICTION.
Section 50914 of title 51, United States Code, is amended by adding
at the end the following:
``(g) Federal Jurisdiction.--Any action or tort arising from a
licensed launch or reentry shall be the sole jurisdiction of the
Federal courts.''.
SEC. 108. CROSS-WAIVERS.
Section 50914(b)(1) of title 51, United States Code, is amended to
read as follows: ``(1) 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 its
contractors, subcontractors, and customers, the contractors and
subcontractors of the customers, and any space flight participants,
involved in launch services or reentry services or participating in a
flight under which each party to the waiver agrees to be responsible
for property damage or loss it or they sustain, or for personal injury
to, death of, or property damage or loss sustained by its own employees
resulting from an activity carried out under the applicable license.''.
SEC. 109. ORBITAL TRAFFIC MANAGEMENT.
(a) Sense of Congress.--It is the sense of the Congress that, as
none currently exists, there may be a need for a framework that
addresses space traffic management of United States Government assets
and United States private sector assets to minimize the proliferation
of debris and decrease the congestion of the orbital environment.
(b) Study Required.--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 Federal Aviation
Administration, the Federal Communications Commission, the National
Oceanic and Atmospheric Administration, and the Department of Defense,
shall enter into an arrangement with an independent, nonprofit, private
systems engineering and technical assistance organization to study
frameworks for the management of space traffic and orbital activities.
The study shall include the following:
(1) An assessment of current regulations, Government best
practices, and industry standards that apply to space traffic
management and orbital debris mitigation.
(2) An assessment of current statutory authority granted to
the Federal Communications Commission, the Federal Aviation
Administration, and the National Oceanic and Atmospheric
Administration 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 in which the Federal
Government complies with those requirements.
(4) An assessment of existing Federal Government assets
used to conduct space traffic management and space situational
awareness.
(5) An assessment of the risk associated with smallsats as
well as any necessary Government coordination for their launch
and utilization.
(6) An assessment of existing private sector information
sharing activities associated with space situational awareness
and space traffic management.
(7) Recommendations related to the framework for the
protection of the health, safety, and welfare of the public and
economic vitality of the space industry.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall provide to the Committee
on Science, Space, and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
the report required in subsection (b).
(d) Department of Defense Authorities.--Congress recognizes the
vital and unique role played by the Department of Defense in protecting
national security assets in space. Nothing in this section shall be
construed to amend authorities granted to the Department of Defense to
safeguard the national security.
SEC. 110. STATE COMMERCIAL LAUNCH FACILITIES.
(a) Sense of Congress.--It is the Sense of Congress that State
involvement, development, ownership, and operation of launch facilities
can help enable growth of the Nation's commercial suborbital and
orbital space endeavors and support both commercial and Government
space programs. It is further the sense of Congress that State launch
facilities and the people and property within the affected launch areas
of those State facilities are subject to risks if the commercial launch
vehicle fails or experiences an anomaly. To ensure the success of the
commercial launch industry and the safety of the people and property in
the affected launch areas, it is the further sense of Congress that
States and State launch facilities should seek to take proper measures
to secure their investments and the safety of third parties from
potential damages that could be suffered from commercial launch
activities.
(b) Report Required.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate 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. 111. SPACE SUPPORT VEHICLES STUDY.
Not less than 1 year after the date of enactment of this Act, the
Comptroller General shall submit to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, a report on the
use of space support vehicle services in the commercial space industry.
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. 112. 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;
(ii) consolidate or modify requirements
across affected agencies into a single
application set that satisfies the requirements
identified in paragraph (1)(A);
(iii) facilitate outreach to minority- and
women-owned businesses on business
opportunities in the commercial space industry;
and
(iv) facilitate the participation of the
Emerging Researchers National Conference in
STEM, American Association for the Advancement
of Science, Louis Stokes Alliances for Minority
Participation Program (LAMP), Historically
Black Colleges and Universities Undergraduate
Program (HBCU-UP) of the National Science
Foundation, Emerging Researchers National
Conference in Science, Technology, Engineering
and Mathematics, the University of Florida's
Institute for African-American Mentoring in
Computing Sciences, the Hispanic Association of
Colleges and Universities, the National Indian
Education Association, and other institutions,
organizations, or associations as the Secretary
of Transportation determines to be useful in
investigating the feasibility of developing
programs for fellowships, work-study, and
employment opportunities for undergraduate and
graduate students.
(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. 113. SPACE LAUNCH SYSTEM UPDATE.
(a) Chapter 701.--
(1) Amendment.--The chapter heading of chapter 701 of title
51, United States Code, is amended by striking ``SPACE
SHUTTLE'' and inserting ``SPACE LAUNCH SYSTEM''.
(2) Conforming amendment.--The item relating to chapter 701
in the table of chapters of title 51, United States Code, is
amended by striking ``Space Shuttle'' and inserting ``Space
Launch System''.
(b) Section 70101.--
(1) Amendments.--Section 70101 of title 51, United States
Code, is amended--
(A) in the section heading, by striking ``space
shuttle'' and inserting ``Space Launch System''; and
(B) by striking ``space shuttle'' and inserting
``Space Launch System''.
(2) Conforming amendment.--The item relating section 70101
in the table of sections for chapter 701 of title 51, United
States Code is amended by striking ``space shuttle'' and
inserting ``Space Launch System''.
(c) Section 70102.--
(1) Amendments.--Section 70102 of title 51, United States
Code, is amended--
(A) in the section heading, by striking ``Space
shuttle'' and inserting ``Space Launch System'';
(B) in subsection (a)(1)(A), by striking ``space
shuttle'' both places it appears and inserting ``Space
Launch System'';
(C) in subsection (a)(1)(A)(i), by inserting
``directly to cis-lunar space and the regions of space
beyond low-Earth orbit'' after ``human presence'';
(D) in subsection (a)(1)(B), by striking ``a
shuttle launch'' and inserting ``a launch of the Space
Launch System'';
(E) in subsection (a)(2), by striking ``a space
shuttle mission'' and inserting ``a mission of the
Space Launch System'';
(F) in subsection (b)--
(i) by striking ``space shuttle'' each
place it appears and inserting ``Space Launch
System''; and
(ii) by striking ``from the shuttle'' and
inserting ``from the Space Launch System'';
(G) in subsection (c), by striking ``space
shuttle'' and inserting ``Space Launch System''; and
(H) by adding at the end the following new
subsection:
``(d) Definition.--In this section, 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.''.
(2) Conforming amendment.--The item relating section 70102
in the table of sections for chapter 701 of title 51, United
States Code is amended by striking ``Space shuttle'' and
inserting ``Space Launch System''.
(d) Section 70103.--
(1) Amendments.--Section 70103 of title 51, United States
Code, is amended--
(A) in the section heading, by striking ``space
shuttle'' and inserting ``Space Launch System''; and
(B) by striking ``space shuttle'' each place it
appears and inserting ``Space Launch System''.
(2) Conforming amendment.--The item relating section 70103
in the table of sections for chapter 701 of title 51, United
States Code is amended by striking ``space shuttle'' and
inserting ``Space Launch System''.
TITLE II--SPACE RESOURCE EXPLORATION AND UTILIZATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Space Resource Exploration and
Utilization Act of 2015''.
SEC. 202. TITLE 51 AMENDMENT.
(a) In General.--Subtitle V of title 51, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 513--SPACE RESOURCE EXPLORATION AND UTILIZATION
``Sec.
``51301. Definitions.
``51302. Commercialization of space resource exploration and
utilization.
``51303. Legal framework.
``Sec. 51301. Definitions
``In this chapter:
``(1) Space resource.--The term `space resource' means a
natural resource of any kind found in situ in outer space.
``(2) Asteroid resource.--The term `asteroid resource'
means a space resource found on or within a single asteroid.
``(3) State.--The term `State' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States.
``(4) United states commercial space resource utilization
entity.--The term `United States commercial space resource
utilization entity' means an entity providing space resource
exploration or utilization services, the control of which is
held by persons other than a Federal, State, local, or foreign
government, and that is--
``(A) duly organized under the laws of a State;
``(B) subject to the subject matter and personal
jurisdiction of the courts of the United States; or
``(C) a foreign entity that has voluntarily
submitted to the subject matter and personal
jurisdiction of the courts of the United States.
``Sec. 51302. Commercialization of space resource exploration and
utilization
``(a) In General.--The President, acting through appropriate
Federal agencies, shall--
``(1) facilitate the commercial exploration and utilization
of space resources to meet national needs;
``(2) discourage government barriers to the development of
economically viable, safe, and stable industries for the
exploration and utilization of space resources in manners
consistent with the existing international obligations of the
United States; and
``(3) promote the right of United States commercial
entities to explore outer space and utilize space resources, in
accordance with the existing international obligations of the
United States, free from harmful interference, and to transfer
or sell such resources.
``(b) Report Required.--Not later than 180 days after the date of
the enactment of this section, the President shall submit to Congress a
report that contains recommendations for--
``(1) the allocation of responsibilities relating to the
exploration and utilization of space resources among Federal
agencies; and
``(2) any authorities necessary to meet the international
obligations of the United States with respect to the
exploration and utilization of space resources.
``Sec. 51303. Legal framework
``(a) Property Rights.--Any asteroid resources obtained in outer
space are the property of the entity that obtained such resources,
which shall be entitled to all property rights thereto, consistent with
applicable provisions of Federal law and existing international
obligations.
``(b) Safety of Operations.--A United States commercial space
resource utilization entity shall avoid causing harmful interference in
outer space.
``(c) Civil Action for Relief From Harmful Interference.--A United
States commercial space resource utilization entity may bring a civil
action for appropriate legal or equitable relief, or both, under this
chapter for any action by another entity subject to United States
jurisdiction causing harmful interference to its operations with
respect to an asteroid resource utilization activity in outer space.
``(d) Rule of Decision.--In a civil action brought pursuant to
subsection (c) with respect to an asteroid resource utilization
activity in outer space, a court shall enter judgment in favor of the
plaintiff if the court finds--
``(1) the plaintiff--
``(A) acted in accordance with all existing
international obligations of the United States; and
``(B) was first in time to conduct the activity;
and
``(2) the activity is reasonable for the exploration and
utilization of asteroid resources.
``(e) Exclusive Jurisdiction.--The district courts of the United
States shall have original jurisdiction over an action under this
chapter without regard to the amount in controversy.''.
(b) Clerical Amendment.--The table of chapters for title 51, United
States Code, is amended by adding at the end of the items for subtitle
V the following:
``513. Space resource exploration and utilization........... 51301''.
TITLE III--COMMERCIAL REMOTE SENSING
SEC. 301. ANNUAL REPORTING.
(a) In General.--Subchapter III of chapter 601 of title 51, United
States Code, is amended by adding at the end the following:
``Sec. 60126. Annual reporting
``The Secretary shall provide a report to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate not later than
180 days after the date of enactment of the SPACE Act of 2015 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 approved;
``(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 applications that
exceeded such deadline, and an explanation for the
delay;
``(2) all notifications and information provided to the
Secretary pursuant to section 60122; and
``(3) all actions taken by the Secretary under the
administrative authority granted by section 60123(a)(4), (5),
and (6).
Such report may include classified annexes as necessary to protect the
disclosure of sensitive or classified information.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 601 of such title is amended by inserting after the item
relating to section 60125 the following new item:
``60126. Annual reporting.''.
SEC. 302. STATUTORY UPDATE REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary, in consultation with other appropriate Federal agencies and
the National Oceanic and Atmospheric Administration's Advisory
Committee on Commercial Remote Sensing, shall report to the Committee
on Science, Space, and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
statutory updates necessary to protect national security, protect
privacy (which is not to be taken as altering any condition or
standards for licensing), protect the United States industrial base,
and reflect the current state of the art of remote sensing systems,
instruments, or technologies.
TITLE IV--OFFICE OF SPACE COMMERCE
SEC. 401. RENAMING OF OFFICE OF SPACE COMMERCIALIZATION.
(a) Chapter Heading.--
(1) Amendment.--The chapter heading for chapter 507 of
title 51, United States Code, is amended by striking
``COMMERCIALIZATION'' and inserting ``Commerce''.
(2) Conforming amendment.--The item relating to chapter 507
in the table chapters for title 51, United States Code, is
amended by striking ``Commercialization'' and inserting
``Commerce''.
(b) Definition of Office.-- Section 50701 of title 51, United
States Code, is amended by striking ``Commercialization'' and inserting
``Commerce''.
(c) Renaming.--Section 50702(a) of title 51, United States Code, is
amended by striking ``Commercialization'' and inserting ``Commerce''.
SEC. 402. FUNCTIONS OF THE OFFICE OF SPACE COMMERCE.
Section 50702(c) of title 51, United States Code, is amended by
striking ``Commerce.'' and inserting ``Commerce, including to--
``(1) foster the conditions for the economic growth and
technological advancement of the United States space commerce
industry;
``(2) coordinate space commerce policy issues and actions
within the Department of Commerce;
``(3) 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) promote the advancement of United States geospatial
technologies related to space commerce, in cooperation with
relevant interagency working groups; and
``(5) 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.''.
Passed the House of Representatives May 21, 2015.
Attest:
KAREN L. HAAS,
Clerk.