[Congressional Record Volume 161, Number 167 (Tuesday, November 10, 2015)]
[Senate]
[Pages S7933-S7938]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2805. Mr. THUNE (for Mr. Cruz (for himself, Mr. Nelson, Mr. Rubio,
Mr. Peters, Mr. Gardner, and Mrs. Murray)) submitted an amendment
intended to be proposed by Mr. Thune to the bill H.R. 2262, 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;
as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.
(a) Short Title.--This Act may be cited as the ``U.S.
Commercial Space Launch Competitiveness Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents; references.
TITLE I--SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND
ENTREPRENEURSHIP
Sec. 101. Short title.
Sec. 102. International launch competitiveness.
Sec. 103. Indemnification for space flight participants.
Sec. 104. Launch license flexibility.
Sec. 105. Licensing report.
Sec. 106. Federal jurisdiction.
Sec. 107. Cross waivers.
Sec. 108. Space authority.
Sec. 109. Orbital traffic management.
Sec. 110. Space surveillance and situational awareness data.
Sec. 111. Consensus standards and extension of certain safety
regulation requirements.
Sec. 112. Government astronauts.
Sec. 113. Streamline commercial space launch activities.
Sec. 114. Operation and utilization of the ISS.
Sec. 115. State commercial launch facilities.
Sec. 116. Space support vehicles study.
Sec. 117. Space launch system update.
TITLE II--COMMERCIAL REMOTE SENSING
Sec. 201. Annual reports.
Sec. 202. Statutory update report.
TITLE III--OFFICE OF SPACE COMMERCE
Sec. 301. Renaming of office of space commercialization.
Sec. 302. Functions of the office of space commerce.
TITLE IV--SPACE RESOURCE EXPLORATION AND UTILIZATION
Sec. 401. Short title.
Sec. 402. Title 51 amendment.
Sec. 403. Disclaimer of extraterritorial sovereignty.
(c) References to Title 51, United States Code.--Except as
otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other
provision of title 51, United States Code.
TITLE I--SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND
ENTREPRENEURSHIP
SEC. 101. SHORT TITLE.
This title may be cited as the ``Spurring Private Aerospace
Competitiveness and Entrepreneurship Act of 2015'' or ``SPACE
Act of 2015''.
SEC. 102. INTERNATIONAL LAUNCH COMPETITIVENESS.
(a) Sense of Congress.--It is the sense of Congress that it
is in the public interest to update the methodology used to
calculate the maximum probable loss from claims under section
50914 of title 51, United States Code, with a validated risk
profile approach in order to consistently compute valid and
reasonable maximum probable loss values.
(b) Implementation.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation, in
consultation with the commercial space sector and insurance
providers, shall--
(1) evaluate the methodology used to calculate the maximum
probable loss from claims under section 50914 of title 51,
United States Code, and, if necessary, develop a plan to
update that methodology;
(2) in evaluating or developing a plan under paragraph
(1)--
(A) ensure that the Federal Government is not exposed to
greater costs than intended and that launch companies are not
required to purchase more insurance coverage than necessary;
and
(B) consider the impact of the cost to both the industry
and the Government of implementing an updated methodology;
and
(3) submit the evaluation, and any plan, to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Science, Space, and Technology of the House
of Representatives.
(c) Independent Assessment.--Not later than 270 days after
the date the evaluation is submitted under subsection (b)(3),
the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives an assessment of--
(1) the analysis and conclusions provided by the Secretary
of Transportation in the evaluation, and any plan, under
subsection (b);
(2) the implementation schedule proposed by the Secretary
in the plan described in paragraph (1);
(3) the suitability of the plan described in paragraph (1)
for implementation; and
(4) any further actions needed to implement the plan
described in paragraph (1) or otherwise accomplish the
purpose of this section.
(d) Launch Liability Extension.--Section 50915(f) is
amended by striking ``December 31, 2016'' and inserting
``September 30, 2025''.
[[Page S7934]]
SEC. 103. INDEMNIFICATION FOR SPACE FLIGHT PARTICIPANTS.
(a) In General.--Chapter 509 is amended--
(1) in section 50914(a)--
(A) in paragraph (4), by adding at the end the following:
``(E) space flight participants.''; and
(B) by adding at the end the following:
``(5) Subparagraph (E) of paragraph (4) ceases to be
effective September 30, 2025.''; and
(2) in section 50915(a)--
(A) in paragraph (1), by striking ``a licensee or
transferee under this chapter, a contractor, subcontractor,
or customer of the licensee or transferee, or a contractor or
subcontractor of a customer, but not against a space flight
participant,'' and inserting ``a person described in
paragraph (3)(A)''; and
(B) by adding at the end the following:
``(3)(A) A person described in this subparagraph is--
``(i) a licensee or transferee under this chapter;
``(ii) a contractor, subcontractor, or customer of the
licensee or transferee;
``(iii) a contractor or subcontractor of a customer; or
``(iv) a space flight participant.
``(B) Clause (iv) of subparagraph (A) ceases to be
effective September 30, 2025.''.
SEC. 104. LAUNCH LICENSE FLEXIBILITY.
Section 50906 is amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``that will be launched or reentered'' and inserting ``or
reusable launch vehicles that will be launched into a
suborbital trajectory or reentered under that permit'';
(B) by amending paragraph (1) to read as follows:
``(1) research and development to test design concepts,
equipment, or operating techniques;''; and
(C) in paragraph (3)--
(i) by striking ``prior to obtaining a license''; and
(ii) by inserting ``or vehicle'' after ``design of the
rocket'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``suborbital rocket
design'' and inserting ``suborbital rocket or suborbital
rocket design, or for a particular reusable launch vehicle or
reusable launch vehicle design,''; and
(B) in paragraph (2), by inserting ``or launch vehicle''
after ``the suborbital rocket'';
(3) by amending subsection (g) to read as follows:
``(g) The Secretary may issue a permit under this section
notwithstanding any license issued under this chapter. The
issuance of a license under this chapter may not invalidate a
permit issued under this section.''; and
(4) in subsection (h), by inserting ``or reusable launch
vehicle'' after ``suborbital rocket''.
SEC. 105. LICENSING REPORT.
Not later than 120 days after the date of enactment of this
Act, the Secretary of Transportation shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives a report on approaches for
streamlining the licensing and permitting process of launch
vehicles, reentry vehicles, or components of launch or
reentry vehicles, to enable non-launch flight operations
related to space transportation. The report shall include
approaches to improve efficiency, reduce unnecessary costs,
resolve inconsistencies, remove duplication, and minimize
unwarranted constraints. The report shall also include an
assessment of existing private and government infrastructure,
as appropriate, in future licensing activities.
SEC. 106. FEDERAL JURISDICTION.
Section 50914 is amended by adding at the end the
following:
``(g) Federal Jurisdiction.--Any claim by a third party or
space flight participant for death, bodily injury, or
property damage or loss resulting from an activity carried
out under the license shall be the exclusive jurisdiction of
the Federal courts.''.
SEC. 107. CROSS WAIVERS.
Section 50914(b)(1) is amended to read as follows:
``(1)(A) A launch or reentry license issued or transferred
under this chapter shall contain a provision requiring the
licensee or transferee to make a reciprocal waiver of claims
with applicable parties involved in launch services or
reentry services under which each party to the waiver agrees
to be responsible for personal injury to, death of, or
property damage or loss sustained by it or its own employees
resulting from an activity carried out under the applicable
license.
``(B) In this paragraph, the term `applicable parties'
means--
``(i) contractors, subcontractors, and customers of the
licensee or transferee;
``(ii) contractors and subcontractors of the customers; and
``(iii) space flight participants.
``(C) Clause (iii) of subparagraph (B) ceases to be
effective September 30, 2025.''.
SEC. 108. SPACE AUTHORITY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of Science
and Technology Policy, in consultation with the Secretary of
State, the Secretary of Transportation, the Administrator of
the National Aeronautics and Space Administration, the heads
of other relevant Federal agencies, and the commercial space
sector, shall--
(1) assess current, and proposed near-term, commercial non-
governmental activities conducted in space;
(2) identify appropriate authorization and supervision
authorities for the activities described in paragraph (1);
(3) recommend an authorization and supervision approach
that would prioritize safety, utilize existing authorities,
minimize burdens to the industry, promote the U.S. commercial
space sector, and meet the United States obligations under
international treaties; and
(4) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a
report on the activities described in paragraphs (1), (2),
and (3).
(b) Exception.--Nothing in this section shall apply to the
activities of the ISS national laboratory as described in
section 504 of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18354),
including any research or development projects utilizing the
ISS national laboratory.
SEC. 109. ORBITAL TRAFFIC MANAGEMENT.
(a) Sense of Congress.--It is the sense of the Congress
that an improved framework may be necessary for space traffic
management of United States Government assets and United
States private sector assets in outer space and orbital
debris mitigation.
(b) Study.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the National
Aeronautics and Space Administration, in consultation with
the Secretary of Transportation, the Chair of the Federal
Communications Commission, the Secretary of Commerce, and the
Secretary of Defense, shall enter into an arrangement with an
independent systems engineering and technical assistance
organization to study alternate frameworks for the management
of space traffic and orbital activities.
(c) Contents.--The study shall include the following:
(1) An assessment of current regulations, best practices,
and industry standards that apply to space traffic management
and orbital debris mitigation.
(2) An assessment of current statutory authorities granted
to the Federal Communications Commission, the Department of
Transportation, and the Department of Commerce that apply to
space traffic management and orbital debris mitigation and
how those agencies utilize and coordinate those authorities.
(3) A review of all space traffic management and orbital
debris requirements under treaties and other international
agreements to which the United States is a signatory, and
other nonbinding international arrangements in which the
United States participates, and the manner and extent to
which the Federal Government complies with those requirements
and arrangements.
(4) An assessment of existing Federal Government assets
used to conduct space traffic management and space
situational awareness.
(5) An assessment of the risk to space traffic management
associated with smallsats and any necessary Government
coordination for their launch and utilization to avoid
congestion of the orbital environment and improve space
situational awareness.
(6) An assessment of existing private sector information
sharing activities associated with space situational
awareness and space traffic management.
(7) Recommendations related to the appropriate framework
for the protection of the health, safety, and welfare of the
public and economic vitality of the space industry.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives the study required in subsection
(b).
(e) Department of Defense Authorities.--
(1) Sense of congress.--It is the sense of Congress that
the Department of Defense plays a vital and unique role in
protecting national security assets in space.
(2) Rule of construction.--Nothing in this section may be
construed to affect the authority of the Secretary of Defense
as it relates to safeguarding the national security.
SEC. 110. SPACE SURVEILLANCE AND SITUATIONAL AWARENESS DATA.
Not later than 120 days after the date of enactment of this
Act, the Secretary of Transportation in concurrence with the
Secretary of Defense shall--
(1) in consultation with the heads of other relevant
Federal agencies, study the feasibility of processing and
releasing safety-related space situational awareness data and
information to any entity consistent with national security
interests and public safety obligations of the United States;
and
(2) submit a report on the feasibility study to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives.
SEC. 111. CONSENSUS STANDARDS AND EXTENSION OF CERTAIN SAFETY
REGULATION REQUIREMENTS.
Section 50905(c) is amended--
(1) in paragraph (1), by inserting ``In general.--'' before
``The Secretary'';
[[Page S7935]]
(2) in paragraph (2), by inserting ``Regulations.--''
before ``Regulations'';
(3) by striking paragraph (3);
(4) by redesignating paragraph (4) as paragraph (10);
(5) by inserting after paragraph (2) the following:
``(3) Facilitation of standards.--The Secretary shall
continue to work with the commercial space sector, including
the Commercial Space Transportation Advisory Committee, or
its successor organization, to facilitate the development of
voluntary industry consensus standards based on recommended
best practices to improve the safety of crew, government
astronauts, and space flight participants as the commercial
space sector continues to mature.
``(4) Communication and transparency.--Nothing in this
subsection shall be construed to limit the authority of the
Secretary to discuss potential regulatory approaches,
potential performance standards, or any other topic related
to this subsection with the commercial space industry,
including observations, findings, and recommendations from
the Commercial Space Transportation Advisory Committee, or
its successor organization, prior to the issuance of a notice
of proposed rulemaking. Such discussions shall not be
construed to permit the Secretary to promulgate industry
regulations except as otherwise provided in this section.
``(5) Interim voluntary industry consensus standards
reports.--
``(A) In general.--Not later than December 31, 2016, and
every 30 months thereafter until December 31, 2021, the
Secretary, in consultation and coordination with the
commercial space sector, including the Commercial Space
Transportation Advisory Committee, or its successor
organization, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of
Representatives a report on the progress of the commercial
space transportation industry in developing voluntary
industry consensus standards that promote best practices to
improve industry safety.
``(B) Contents.--The report shall include, at a minimum--
``(i) any voluntary industry consensus standards that have
been accepted by the industry at large;
``(ii) the identification of areas that have the potential
to become voluntary industry consensus standards that are
currently under consideration by the industry at large;
``(iii) an assessment from the Secretary on the general
progress of the industry in adopting voluntary industry
consensus standards;
``(iv) any lessons learned about voluntary industry
consensus standards, best practices, and commercial space
launch operations;
``(v) any lessons learned associated with the development,
potential application, and acceptance of voluntary industry
consensus standards, best practices, and commercial space
launch operations; and
``(vi) recommendations, findings, or observations from the
Commercial Space Transportation Advisory Committee, or its
successor organization, on the progress of the industry in
developing voluntary industry consensus standards that
promote best practices to improve industry safety.
``(6) Report.--Not later than 270 days after the date of
enactment of the SPACE Act of 2015, the Secretary, in
consultation and coordination with the commercial space
sector, including the Commercial Space Transportation
Advisory Committee, or its successor organization, shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a
report specifying key industry metrics that might indicate
readiness of the commercial space sector and the Department
of Transportation to transition to a safety framework that
may include regulations under paragraph (9) that considers
space flight participant, government astronaut, and crew
safety.
``(7) Reports.--Not later than March 31 of each of 2018 and
2022, the Secretary, in consultation and coordination with
the commercial space sector, including the Commercial Space
Transportation Advisory Committee, or its successor
organization, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of
Representatives a report that identifies the activities,
described in this subsection and subsection (d) most
appropriate for a new safety framework that may include
regulatory action, if any, and a proposed transition plan for
such safety framework.
``(8) Independent review.--Not later than December 31,
2022, an independent systems engineering and technical
assistance organization or standards development organization
contracted by the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives an assessment of the readiness of the
commercial space industry and the Federal Government to
transition to a safety framework that may include
regulations. As part of the review, the contracted
organization shall evaluate--
``(A) the progress of the commercial space industry in
adopting voluntary industry consensus standards as reported
by the Secretary in the interim assessments included in the
reports under paragraph (5);
``(B) the progress of the commercial space industry toward
meeting the key industry metrics identified by the report
under paragraph (6), including the knowledge and operational
experience obtained by the commercial space industry while
providing services for compensation or hire; and
``(C) whether the areas identified in the reports under
paragraph (5) are appropriate for regulatory action, or
further development of voluntary industry consensus
standards, considering the progress evaluated in
subparagraphs (A) and (B) of this paragraph.
``(9) Learning period.--Beginning on October 1, 2023, the
Secretary may propose regulations under this subsection
without regard to subparagraphs (C) and (D) of paragraph (2).
The development of any such regulations shall take into
consideration the evolving standards of the commercial space
flight industry as identified in the reports published under
paragraphs (5), (6), and (7).''; and
(6) in paragraph (10), as redesignated, by inserting ``Rule
of construction.--'' before ``Nothing''.
SEC. 112. GOVERNMENT ASTRONAUTS.
(a) Findings and Purpose.--Section 50901(15) is amended by
inserting ``, government astronauts,'' after ``crew'' each
place it appears.
(b) Sense of Congress.--The National Aeronautics and Space
Administration has a need to fly government astronauts (as
defined in section 50902 of title 51, United States Code, as
amended) within commercial launch vehicles and reentry
vehicles under chapter 509 of that title. This need was
identified by the Secretary of Transportation and the
Administrator of the National Aeronautics and Space
Administration due to the intended use of commercial launch
vehicles and reentry vehicles developed under the Commercial
Crew Development Program, authorized in section 402 of the
National Aeronautics and Space Administration Authorization
Act of 2010 (124 Stat. 2820; Public Law 111-267). It is the
sense of Congress that the authority delegated to the
Administration by the amendment made by subsection (d) of
this section should be used for that purpose.
(c) Definition of Government Astronaut.--Section 50902 is
amended--
(1) by redesignating paragraphs (4) through (22) as
paragraphs (7) through (25), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) `government astronaut' means an individual who--
``(A) is designated by the National Aeronautics and Space
Administration under section 20113(n);
``(B) is carried within a launch vehicle or reentry vehicle
in the course of his or her employment, which may include
performance of activities directly relating to the launch,
reentry, or other operation of the launch vehicle or reentry
vehicle; and
``(C) is either--
``(i) an employee of the United States Government,
including the uniformed services, engaged in the performance
of a Federal function under authority of law or an Executive
act; or
``(ii) an international partner astronaut.
``(5) `international partner astronaut' means an individual
designated under Article 11 of the International Space
Station Intergovernmental Agreement, by a partner to that
agreement other than the United States, as qualified to serve
as an International Space Station crew member.
``(6) `International Space Station Intergovernmental
Agreement' means the Agreement Concerning Cooperation on the
International Space Station, signed at Washington January 29,
1998 (TIAS 12927).''.
(d) Powers of the National Aeronautics and Space
Administration in Performance of Functions.--Section 20113 is
amended by adding at the end the following:
``(n) Identification of Government Astronauts.--For
purposes of a license issued or transferred by the Secretary
of Transportation under chapter 509 to launch a launch
vehicle or to reenter a reentry vehicle carrying a government
astronaut (as defined in section 50902), the Administration
shall designate a government astronaut in accordance with
requirements prescribed by the Administration.''.
(e) Definition of Launch.--Paragraph (7) of section 50902,
as redesignated, is amended by striking ``and any payload,
crew, or space flight participant'' and inserting ``and any
payload or human being''.
(f) Definition of Launch Services.--Paragraph (9) of
section 50902, as redesignated, is amended by striking
``payload, crew (including crew training), or space flight
participant'' and inserting ``payload, crew (including crew
training), government astronaut, or space flight
participant''.
(g) Definition of Reenter and Reentry.--Paragraph (16) of
section 50902, as redesignated, is amended by striking ``and
its payload, crew, or space flight participants, if any,''
and inserting ``and its payload or human beings, if any,''.
(h) Definition of Reentry Services.--Paragraph (17) of
section 50902, as redesignated, is amended by striking
``payload, crew (including crew training), or space flight
participant, if any,'' and inserting ``payload, crew
(including crew training), government astronaut, or space
flight participant, if any,''.
(i) Definition of Space Flight Participant.--Paragraph (20)
of section 50902, as redesignated, is amended to read as
follows:
[[Page S7936]]
``(20) `space flight participant' means an individual, who
is not crew or a government astronaut, carried within a
launch vehicle or reentry vehicle.''.
(j) Definition of Third Party.--Paragraph (24)(E) of
section 50902, as redesignated, is amended by inserting ``,
government astronauts,'' after ``crew''.
(k) Restrictions on Launches, Operations, and Reentries;
Single License or Permit.--Section 50904(d) is amended by
striking ``activities involving crew or space flight
participants'' and inserting ``activities involving crew,
government astronauts, or space flight participants''.
(l) License Applications and Requirements; Applications.--
Section 50905 is amended--
(1) in subsection (a)(2), by striking ``crews and space
flight participants'' and inserting ``crew, government
astronauts, and space flight participants'';
(2) in subsection (b)(2)(D), by striking ``crew or space
flight participants'' and inserting ``crew, government
astronauts, or space flight participants''; and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``crew and space flight
participants'' and inserting ``crew, government astronauts,
and space flight participants''; and
(B) in paragraph (2), by striking ``to crew or space flight
participants'' each place it appears and inserting ``to crew,
government astronauts, or space flight participants''.
(m) Monitoring Activities.--Section 50907(a) is amended by
striking ``at a site used for crew or space flight
participant training'' and inserting ``at a site not owned or
operated by the Federal Government or a foreign government
used for crew, government astronaut, or space flight
participant training''.
(n) Additional Suspensions.--Section 50908(d)(1) is amended
by striking ``to crew or space flight participants'' each
place it appears and inserting ``to any human being''.
(o) Relationship to Other Executive Agencies, Laws, and
International Obligations; Nonapplication.--Section 50919(g)
is amended to read as follows:
``(g) Nonapplication.--
``(1) In general.--This chapter does not apply to--
``(A) a launch, reentry, operation of a launch vehicle or
reentry vehicle, operation of a launch site or reentry site,
or other space activity the Government carries out for the
Government; or
``(B) planning or policies related to the launch, reentry,
operation, or activity under subparagraph (A).
``(2) Rule of construction.--The following activities are
not space activities the Government carries out for the
Government under paragraph (1):
``(A) A government astronaut being carried within a launch
vehicle or reentry vehicle under this chapter.
``(B) A government astronaut performing activities directly
relating to the launch, reentry, or other operation of the
launch vehicle or reentry vehicle under this chapter.''.
SEC. 113. STREAMLINE COMMERCIAL SPACE LAUNCH ACTIVITIES.
(a) Sense of Congress.--It is the sense of Congress that
eliminating duplicative requirements and approvals for
commercial launch and reentry operations will promote and
encourage the development of the commercial space sector.
(b) Reaffirmation of Policy.--Congress reaffirms that the
Secretary of Transportation, in overseeing and coordinating
commercial launch and reentry operations, should--
(1) promote commercial space launches and reentries by the
private sector;
(2) facilitate Government, State, and private sector
involvement in enhancing U.S. launch sites and facilities;
(3) protect public health and safety, safety of property,
national security interests, and foreign policy interests of
the United States; and
(4) consult with the head of another executive agency,
including the Secretary of Defense or the Administrator of
the National Aeronautics and Space Administration, as
necessary to provide consistent application of licensing
requirements under chapter 509 of title 51, United States
Code.
(c) Requirements.--
(1) In general.--The Secretary of Transportation under
section 50918 of title 51, United States Code, and subject to
section 50905(b)(2)(C) of that title, shall consult with the
Secretary of Defense, the Administrator of the National
Aeronautics and Space Administration, and the heads of other
executive agencies, as appropriate--
(A) to identify all requirements that are imposed to
protect the public health and safety, safety of property,
national security interests, and foreign policy interests of
the United States relevant to any commercial launch of a
launch vehicle or commercial reentry of a reentry vehicle;
and
(B) to evaluate the requirements identified in subparagraph
(A) and, in coordination with the licensee or transferee and
the heads of the relevant executive agencies--
(i) determine whether the satisfaction of a requirement of
one agency could result in the satisfaction of a requirement
of another agency; and
(ii) resolve any inconsistencies and remove any outmoded or
duplicative requirements or approvals of the Federal
Government relevant to any commercial launch of a launch
vehicle or commercial reentry of a reentry vehicle.
(2) Reports.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter until the
Secretary of Transportation determines no outmoded or
duplicative requirements or approvals of the Federal
Government exist, the Secretary of Transportation, in
consultation with the Secretary of Defense, the Administrator
of the National Aeronautics and Space Administration, the
commercial space sector, and the heads of other executive
agencies, as appropriate, shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Science, Space, and Technology of the House of
Representatives, and the congressional defense committees a
report that includes the following:
(A) A description of the process for the application for
and approval of a permit or license under chapter 509 of
title 51, United States Code, for the commercial launch of a
launch vehicle or commercial reentry of a reentry vehicle,
including the identification of--
(i) any unique requirements for operating on a United
States Government launch site, reentry site, or launch
property; and
(ii) any inconsistent, outmoded, or duplicative
requirements or approvals.
(B) A description of current efforts, if any, to coordinate
and work across executive agencies to define interagency
processes and procedures for sharing information, avoiding
duplication of effort, and resolving common agency
requirements.
(C) Recommendations for legislation that may further--
(i) streamline requirements in order to improve efficiency,
reduce unnecessary costs, resolve inconsistencies, remove
duplication, and minimize unwarranted constraints; and
(ii) consolidate or modify requirements across affected
agencies into a single application set that satisfies the
requirements identified in paragraph (1)(A).
(3) Definitions.--For purposes of this subsection--
(A) any applicable definitions set forth in section 50902
of title 51, United States Code, shall apply;
(B) the terms ``launch'', ``reenter'', and ``reentry''
include landing of a launch vehicle or reentry vehicle; and
(C) the terms ``United States Government launch site'' and
``United States Government reentry site'' include any
necessary facility, at that location, that is commercially
operated on United States Government property.
SEC. 114. OPERATION AND UTILIZATION OF THE ISS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) maximum utilization of partnerships, scientific
research, commercial applications, and exploration test bed
capabilities of the ISS is essential to ensuring the greatest
return on investments made by the United States and its
international partners in the development, assembly, and
operations of that unique facility; and
(2) every effort should be made to ensure that decisions
regarding the service life of the ISS are based on the
station's projected capability to continue providing
effective and productive research and exploration test bed
capabilities.
(b) Continuation of the International Space Station.--
(1) In general.--Section 501 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18351) is amended--
(A) in the heading, by striking ``through 2020''; and
(B) in subsection (a), by striking ``through at least
2020'' and inserting ``through at least 2024''.
(2) Maintenance of the united states segment and assurance
of continued operations of the international space station.--
Section 503 of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18353) is
amended--
(A) in subsection (a), by striking ``through at least
September 30, 2020'' and inserting ``through at least
September 30, 2024''; and
(B) in subsection (b)(1), by striking ``In carrying out
subsection (a), the Administrator'' and inserting ``The
Administrator''.
(3) Research capacity allocation and integration of
research payloads.--Section 504(d) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18354(d)) is amended by striking ``September
30, 2020'' each place it appears and inserting ``at least
September 30, 2024''.
(4) Maintaining use through at least 2024.--Section 70907
is amended to read as follows:
``Sec. 70907. Maintaining use through at least 2024
``(a) Policy.--The Administrator shall take all necessary
steps to ensure that the International Space Station remains
a viable and productive facility capable of potential United
States utilization through at least September 30, 2024.
``(b) NASA Actions.--In furtherance of the policy under
subsection (a), the Administrator shall ensure, to the extent
practicable, that the International Space Station, as a
designated national laboratory--
``(1) remains viable as an element of overall exploration
and partnership strategies and approaches;
``(2) is considered for use by all NASA mission
directorates, as appropriate, for technically appropriate
scientific data gathering or technology risk reduction
demonstrations; and
[[Page S7937]]
``(3) remains an effective, functional vehicle providing
research and test bed capabilities for the United States
through at least September 30, 2024.''.
(5) Technical and conforming amendments.--
(A) Table of contents of 2010 act.--The item relating to
section 501 in the table of contents in section 1(b) of the
National Aeronautics and Space Administration Authorization
Act of 2010 (124 Stat. 2806) is amended by striking ``through
2020''.
(B) Table of contents of chapter 709.--The table of
contents for chapter 709 is amended by amending the item
relating to section 70907 to read as follows:
``70907. Maintaining use through at least 2024.''.
SEC. 115. STATE COMMERCIAL LAUNCH FACILITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) State involvement, development, ownership, and
operation of launch facilities can enable growth of the
Nation's commercial suborbital and orbital space endeavors
and support both commercial and Government space programs;
(2) State launch facilities and the people and property in
the affected launch areas of those facilities may be subject
to risks resulting from an activity carried out under a
license under chapter 509 of title 51, United States Code;
and
(3) to ensure the success of the commercial launch industry
and the safety of the people and property in the affected
launch areas of those facilities, States and State launch
facilities should seek to take proper measures to protect
themselves, to the extent of their potential liability for
involvement in launch services or reentry services, and
compensate third parties for possible death, bodily injury,
or property damage or loss resulting from an activity carried
out under a license under chapter 509 of title 51, United
States Code, to which the State or State launch facility is
involved in the launch services or reentry services.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a report on the
potential inclusion of all government property, including
State and municipal property, in the existing indemnification
regime established under section 50914 of title 51, United
States Code.
SEC. 116. SPACE SUPPORT VEHICLES STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a report on the
use of space support vehicle services in the commercial space
industry.
(b) Contents.--This report shall include--
(1) the extent to which launch providers rely on such
services as part of their business models;
(2) the statutory, regulatory, and market barriers to the
use of such services; and
(3) recommendations for legislative or regulatory action
that may be needed to ensure reduced barriers to the use of
such services if such use is a requirement of the industry.
SEC. 117. SPACE LAUNCH SYSTEM UPDATE.
(a) In General.--Chapter 701 is amended--
(1) in the heading by striking ``SPACE SHUTTLE'' and
inserting ``SPACE LAUNCH SYSTEM'';
(2) in section 70101--
(A) in the heading, by striking ``space shuttle'' and
inserting ``space launch system''; and
(B) by striking ``space shuttle'' and inserting ``space
launch system'';
(3) by amending section 70102 to read as follows:
``Sec. 70102. Space launch system use policy
``(a) In General.--The Space Launch System may be used for
the following circumstances:
``(1) Payloads and missions that contribute to extending
human presence beyond low-Earth orbit and substantially
benefit from the unique capabilities of the Space Launch
System.
``(2) Other payloads and missions that substantially
benefit from the unique capabilities of the Space Launch
System.
``(3) On a space available basis, Federal Government or
educational payloads that are consistent with NASA's mission
for exploration beyond low-Earth orbit.
``(4) Compelling circumstances, as determined by the
Administrator.
``(b) Agreements With Foreign Entities.--The Administrator
may plan, negotiate, or implement agreements with foreign
entities for the launch of payloads for international
collaborative efforts relating to science and technology
using the Space Launch System.
``(c) Compelling Circumstances.--Not later than 30 days
after the date the Administrator makes a determination under
subsection (a)(4), the Administrator shall transmit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science of the House of
Representatives written notification of the Administrator's
intent to select the Space Launch System for a specific
mission under that subsection, including justification for
the determination.'';
(4) in section 70103--
(A) in the heading, by striking ``space shuttle'' and
inserting ``space launch system''; and
(B) in subsection (b), by striking ``space shuttle'' each
place it appears and inserting ``space launch system''; and
(5) by adding at the end the following:
``Sec. 70104. Definition of Space Launch System
``In this chapter, the term `Space Launch System' means the
Space Launch System authorized under section 302 of the
National Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18322).''.
(b) Technical and Conforming Amendments.--
(1) Table of chapters.--The table of chapters of title 51
is amended by amending the item relating to chapter 701 to
read as follows:
``701. Use of space launch system or alternatives.........70101''.....
(2) Table of contents of chapter 701.--The table of
contents of chapter 701 is amended--
(A) in the item relating to section 70101, by striking
``space shuttle'' and inserting ``space launch system'';
(B) in the item relating to section 70102, by striking
``Space shuttle'' and inserting ``Space launch system'';
(C) in the item relating to section 70103, by striking
``space shuttle'' and inserting ``space launch system''; and
(D) by adding at the end the following:
``70104. Definition of Space Launch System.''.
(3) Requirement to procure commercial space transportation
services.--Section 50131(a) of chapter 51 is amended by
inserting ``or in section 70102'' after ``in this section''.
TITLE II--COMMERCIAL REMOTE SENSING
SEC. 201. ANNUAL REPORTS.
(a) In General.--Subchapter III of chapter 601 is amended
by adding at the end the following:
``Sec. 60126. Annual reports
``(a) In General.--The Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives not later than 180 days after
the date of enactment of the U.S. Commercial Space Launch
Competitiveness Act, and annually thereafter, on--
``(1) the Secretary's implementation of section 60121,
including--
``(A) a list of all applications received in the previous
calendar year;
``(B) a list of all applications that resulted in a license
under section 60121;
``(C) a list of all applications denied and an explanation
of why each application was denied, including any information
relevant to the interagency adjudication process of a
licensing request;
``(D) a list of all applications that required additional
information; and
``(E) a list of all applications whose disposition exceeded
the 120 day deadline established in section 60121(c), the
total days overdue for each application that exceeded such
deadline, and an explanation for the delay;
``(2) all notifications and information provided to the
Secretary under section 60122; and
``(3) a description of all actions taken by the Secretary
under the administrative authority granted by paragraphs (4),
(5), and (6) of section 60123(a).
``(b) Classified Annexes.--Each report under subsection (a)
may include classified annexes as necessary to protect the
disclosure of sensitive or classified information.
``(c) Sunset.--The reporting requirement under this section
terminates effective September 30, 2020.''.
(b) Table of Contents.--The table of contents of chapter
601 is amended by inserting after the item relating to
section 60125 the following:
``60126. Annual reports.''.
SEC. 202. STATUTORY UPDATE REPORT.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Commerce, in consultation with the
heads of other appropriate Federal agencies and the National
Oceanic and Atmospheric Administration's Advisory Committee
on Commercial Remote Sensing, shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Science, Space, and Technology of the House
of Representatives a report on statutory updates necessary to
license private remote sensing space systems. In preparing
the report, the Secretary shall take into account the need to
protect national security while maintaining United States
private sector leadership in the field, and reflect the
current state of the art of remote sensing systems,
instruments, or technologies.
TITLE III--OFFICE OF SPACE COMMERCE
SEC. 301. RENAMING OF OFFICE OF SPACE COMMERCIALIZATION.
(a) Chapter Heading.--
(1) Amendment.--The heading for chapter 507 is amended by
striking ``COMMERCIALIZATION'' and inserting ``COMMERCE''.
(2) Conforming amendment.--The item relating to chapter 507
in the table of chapters for title 51 is amended by striking
``Commercialization'' and inserting ``Commerce''.
(b) Definition of Office.--Section 50701 is amended by
striking ``Commercialization'' and inserting ``Commerce''.
[[Page S7938]]
(c) Renaming.--Section 50702(a) is amended by striking
``Commercialization'' and inserting ``Commerce''.
SEC. 302. FUNCTIONS OF THE OFFICE OF SPACE COMMERCE.
Section 50702(c) is amended by striking ``Commerce.'' and
inserting ``Commerce, including--
``(1) to foster the conditions for the economic growth and
technological advancement of the United States space commerce
industry;
``(2) to coordinate space commerce policy issues and
actions within the Department of Commerce;
``(3) to represent the Department of Commerce in the
development of United States policies and in negotiations
with foreign countries to promote United States space
commerce;
``(4) to promote the advancement of United States
geospatial technologies related to space commerce, in
cooperation with relevant interagency working groups; and
``(5) to provide support to Federal Government
organizations working on Space-Based Positioning Navigation,
and Timing policy, including the National Coordination Office
for Space-Based Position, Navigation, and Timing.''.
TITLE IV--SPACE RESOURCE EXPLORATION AND UTILIZATION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Space Resource Exploration
and Utilization Act of 2015''.
SEC. 402. TITLE 51 AMENDMENT.
(a) In General.--Subtitle V is amended by adding at the end
the following:
``CHAPTER 513--SPACE RESOURCE COMMERCIAL EXPLORATION AND UTILIZATION
``Sec.
``51301. Definitions.
``51302. Commercial exploration and commercial recovery.
``51303. Asteroid resource and space resource rights.
``Sec. 51301. Definitions
``In this chapter:
``(1) Asteroid resource.--The term `asteroid resource'
means a space resource found on or within a single asteroid.
``(2) Space resource.--
``(A) In general.--The term `space resource' means an
abiotic resource in situ in outer space.
``(B) Inclusions.--The term `space resource' includes water
and minerals.
``(3) United states citizen.--The term `United States
citizen' has the meaning given the term `citizen of the
United States' in section 50902.
``Sec. 51302. Commercial exploration and commercial recovery
``(a) In General.--The President, acting through
appropriate Federal agencies, shall--
``(1) facilitate commercial exploration for and commercial
recovery of space resources by United States citizens;
``(2) discourage government barriers to the development in
the United States of economically viable, safe, and stable
industries for commercial exploration for and commercial
recovery of space resources in manners consistent with the
international obligations of the United States; and
``(3) promote the right of United States citizens to engage
in commercial exploration for and commercial recovery of
space resources free from harmful interference, in accordance
with the international obligations of the United States and
subject to authorization and continuing supervision by the
Federal Government.
``(b) Report.--Not later than 180 days after the date of
enactment of this section, the President shall submit to
Congress a report on commercial exploration for and
commercial recovery of space resources by United States
citizens that specifies--
``(1) the authorities necessary to meet the international
obligations of the United States, including authorization and
continuing supervision by the Federal Government; and
``(2) recommendations for the allocation of
responsibilities among Federal agencies for the activities
described in paragraph (1).
``Sec. 51303. Asteroid resource and space resource rights
``A United States citizen engaged in commercial recovery of
an asteroid resource or a space resource under this chapter
shall be entitled to any asteroid resource or space resource
obtained, including to possess, own, transport, use, and sell
the asteroid resource or space resource obtained in
accordance with applicable law, including the international
obligations of the United States.''.
(b) Table of Chapters.--The table of chapters for title 51
is amended by adding at the end of the items for subtitle V
the following:
``513. Space resource commercial exploration and utilizatio51301''.....
SEC. 403. DISCLAIMER OF EXTRATERRITORIAL SOVEREIGNTY.
It is the sense of Congress that by the enactment of this
Act, the United States does not thereby assert sovereignty or
sovereign or exclusive rights or jurisdiction over, or the
ownership of, any celestial body.
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