[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.
____________________