[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1297 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1297

To update the Commercial Space Launch Act by amending title 51, United 
 States Code, to promote competitiveness of the U.S. commercial space 
                    sector, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2015

   Mr. Cruz (for himself, Mr. Nelson, Mr. Peters, Mr. Rubio, and Mr. 
   Gardner) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To update the Commercial Space Launch Act by amending title 51, United 
 States Code, to promote competitiveness of the U.S. commercial space 
                    sector, 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.

    This Act may be cited as the ``U.S. Commercial Space Launch 
Competitiveness Act''.

SEC. 2. 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.

SEC. 3. LIABILITY INSURANCE AND FINANCIAL RESPONSIBILITY REQUIREMENTS.

    (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 September 30, 2015, the 
Secretary of Transportation, in consultation with the commercial space 
sector and insurance providers, shall--
            (1) evaluate and, if necessary, develop a plan to update 
        the methodology used to calculate the maximum probable loss 
        from claims under section 50914 of title 51, United States 
        Code;
            (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.

SEC. 4. LAUNCH LIABILITY EXTENSION.

    Section 50915(f) is amended by striking ``December 31, 2016'' and 
inserting ``December 31, 2020''.

SEC. 5. COMMERCIAL SPACE LAUNCH LICENSING AND EXPERIMENTAL PERMITS.

    Section 50906 is amended--
            (1) in subsection (d), by striking ``launched or 
        reentered'' and inserting ``launched 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) by striking ``prior to obtaining a 
        license'';
            (4) in subsection (e)(1) by striking ``suborbital rocket 
        design'' and inserting ``suborbital rocket or suborbital rocket 
        design''; and
            (5) 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.''.

SEC. 6. 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.

SEC. 7. 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 oversight authorities for the 
        activities described in paragraph (1);
            (3) recommend an oversight approach that would prioritize 
        safety, utilize existing authorities, minimize burdens, 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 assessment and recommended approaches.
    (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. 8. 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. 9. EXTENSION OF CERTAIN SAFETY REGULATION REQUIREMENTS.

    (a) Extension of Certain Safety Regulation Requirements.--Section 
50905(c)(3) is amended by striking ``Beginning on October 1, 2015'' and 
inserting ``Beginning on October 1, 2020''.
    (b) Construction.--Section 50905(c) is amended by adding at the end 
the following:
            ``(5) Nothing in this subsection shall be construed to 
        limit the authority of the Secretary to discuss potential 
        regulatory approaches with the commercial space sector, 
        including observations, findings, and recommendations from the 
        Commercial Space Transportation Advisory Committee, prior to 
        the issuance of a notice of proposed rulemaking.''.
    (c) Report.--Not later than 270 days after the date of enactment of 
this Act, the Secretary of Transportation, in consultation with the 
commercial space sector, including the Commercial Space Transportation 
Advisory Committee, 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 
regulatory approach under section 50905(c)(3) of title 51, United 
States Code, that considers space flight participant, government 
astronaut, and crew safety.
    (d) Biennial Report.--Beginning on December 31, 2016, and 
biennially thereafter, the Secretary of Transportation, in consultation 
and coordination with the commercial space sector, including the 
Commercial Space Transportation Advisory Committee, 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 
subsections (c) and (d) of section 50905 of title 51, United States 
Code, most appropriate for regulatory action, if any, and a proposed 
transition plan for such regulations.

SEC. 10. INDUSTRY VOLUNTARY CONSENSUS STANDARDS.

    (a) Industry Voluntary Consensus Standards.--Section 50905(c), as 
amended in section 9 of this Act, is further amended by adding at the 
end the following:
            ``(6) The Secretary shall continue to work with the 
        commercial space sector, including the Commercial Space 
        Transportation Advisory Committee, to facilitate the 
        development of voluntary 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.''.
    (b) Biennial Report.--Beginning on December 31, 2016, and 
biennially thereafter, the Secretary of Transportation, in consultation 
and coordination with the commercial space sector, including the 
Commercial Space Transportation Advisory Committee, 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 detailing progress on the development of 
industry voluntary consensus standards under section 50905(c)(6) of 
title 51, United States Code.

SEC. 11. GOVERNMENT ASTRONAUTS.

    (a) Findings and Purpose.--Section 50901(15) is amended by 
inserting ``, government astronauts,'' after ``crew'' each place it 
appears.
    (b) 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 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;
                    ``(B) is identified by the Administrator of the 
                National Aeronautics and Space Administration;
                    ``(C) is carried within a launch vehicle or reentry 
                vehicle; and
                    ``(D) may perform or may not perform activities 
                directly relating to the launch, reentry, or other 
                operation of the launch vehicle or reentry vehicle.
            ``(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).''.
    (c) 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''.
    (d) 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''.
    (e) 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,''.
    (f) 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,''.
    (g) 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.''.
    (h) Definition of Third Party.--Paragraph (24)(E) of section 50902, 
as redesignated, is amended by inserting ``, government astronauts,'' 
after ``crew''.
    (i) 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''.
    (j) 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''.
    (k) Monitoring Activities.--Section 50907(a) is amended by striking 
``crew or space flight participant training'' and inserting ``crew, 
government astronaut, or space flight participant training''.
    (l) 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''.
    (m) Enforcement and Penalty.--Section 50917(b)(1)(D)(i) is amended 
by striking ``crew or space flight participant training site,'' and 
inserting ``crew, government astronaut, or space flight participant 
training site,''.
    (n) 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.''.
    (o) Rule of Construction.--Nothing in this Act, or the amendments 
made by this Act, may be construed to modify or affect any law relating 
to astronauts.

SEC. 12. 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. 13. 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.''.
                                 <all>