[Congressional Record Volume 161, Number 125 (Tuesday, August 4, 2015)]
[Senate]
[Pages S6323-S6325]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            U.S. COMMERCIAL SPACE LAUNCH COMPETITIVENESS ACT

  Mr. ROUNDS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 159, S. 1297.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

                                S. 1297

     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. The report shall also include an 
     assessment of existing private and government infrastructure, 
     as appropriate, in future licensing activities.

     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

[[Page S6324]]

     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

[[Page S6325]]

       (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.''.

  Mr. ROUNDS. I ask unanimous consent that the committee-reported 
substitute amendment be agreed to, the bill, as amended, be read a 
third time and passed, and that the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 1297), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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