[Congressional Record Volume 161, Number 168 (Monday, November 16, 2015)]
[House]
[Pages H8185-H8196]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND ENTREPRENEURSHIP ACT OF
2015
Mr. McCARTHY. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment 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.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
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
[[Page H8186]]
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''.
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
[[Page H8187]]
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'';
(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
[[Page H8188]]
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:
``(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;
[[Page H8189]]
``(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.''.
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''.
(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
[[Page H8190]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. McCarthy) and the gentlewoman from Maryland (Ms.
Edwards) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. McCARTHY. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and to
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. McCARTHY. Mr. Speaker, I yield myself such time as I may consume.
America is a Nation uniquely called to explore the final frontier. We
are born adventurers with a spirit of freedom and curiosity unmatched
in human history. And that spirit is aided by the wealth of
intelligence so deep that we continue to lead the world in advancement
of technology and science.
{time} 1800
When the Wright brothers flew over the beaches of Kitty Hawk and
Chuck Yeager broke the sound barrier, they were supported by the spirit
of freedom and a structure of laws that urged them to realize their
dreams and change the world at the same time.
But the work of realizing our full potential is only just beginning.
We are still paying Russia $70 million every time we send one of our
astronauts to the Space Station. Our commercial pioneers can and want
to fulfill this role, but they need our help.
The SPACE Act will help. This bill will unite law with innovation,
allowing the next generation of pioneers to experiment, learn, and
succeed without being constrained by premature regulatory action. It
ensures that anyone or anything impacted by flight or flight
experiments are protected, and it keeps us competitive by providing
much needed flexibility in permitting and licensing, facilitating an
environment that allows for swift and effective improvements in safety
and reliability.
With this law, I have great hope for the future of space exploration.
Whenever I visit the Mojave Air and Space Port, where so many of our
advancements are happening, I am overwhelmed by the feeling that the
future is now.
Upon the firm foundation of the SPACE Act, I know they and others
will lead us far and that our limits are only bounded by what we can
imagine as we continue our journey to the stars.
I reserve the balance of my time.
Ms. EDWARDS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I support the growing commercial space transportation
industry, and I support the stated goal of the SPACE Act, to
``encourage private sector investment and create more stable and
predictable regulatory conditions.''
The commercial space industry is emerging, it is growing, it is
preparing for the 21st century and research and technology and
entrepreneurship and exploration. It employs thousands of workers.
The bill does some useful things. It extends the life of the
International Space Station at least through 2024, giving us a
springboard for a pathway to Mars.
It provides for a clear definition of government astronauts as
separate from crew and other spaceflight participants, recognizing the
historic and unique and necessary place in the spectrum for government
astronauts.
But I must also point out my concerns that we support policies that
consider the safety of those who will use the commercial services we
are seeking to encourage, especially commercial human spaceflight
services.
I am concerned that the length of the moratorium, 8 years, on FAA's
ability to even start proposing regulations for human occupants on
commercial human spaceflight systems, the so-called learning period, is
longer than it needs to be for an industry that, as has been described,
is moving at quite a rapid pace.
I am concerned that this bill requires spaceflight participants,
those who will buy tickets to fly on commercial and human spaceflight
systems, to waive their rights to sue the launch provider and related
parties for claims.
It is unclear, for example, what the parameters are for instances of
negligence and gross negligence or malfeasance, and we needed the bill
to clarify these issues.
I am concerned that we are rushing to establish policy on space
resource mining and utilization without having vetted the range of
issues associated with it and without having carried out the necessary
due diligence to inform legislation that relates to our international
treaty obligations with our international partners.
Mr. Speaker, I supported the original Senate-passed bill, S. 1297,
which includes a 5-year learning period and 4-year extension of
commercial launch indemnification. A formal conference would have, of
course, allowed Members the opportunity to fully explore and discuss
the issues that I have described and resolve most, if not all, of our
differences. Unfortunately, such a
[[Page H8191]]
process was not followed in this case, and so we are left with a bill
that I believe exceeds its risks.
That said, I believe that we should continue to support the emerging
commercial space industry, though we must do so with an eye toward
protecting all those who use it.
Mr. Speaker, I reserve the balance of my time.
Mr. McCARTHY. Mr. Speaker, I yield 6 minutes to the gentleman from
Texas (Mr. Smith), the esteemed chairman of the Science, Space, and
Technology Committee.
Mr. SMITH of Texas. Mr. Speaker, I thank the majority leader for
yielding me time. And I also want to thank the majority leader, Kevin
McCarthy, an honorary member of the Science, Space, and Technology
Committee, for sponsoring this important legislation.
This bill encourages the private sector to launch rockets, take
risks, and shoot for the stars. H.R. 2262, the SPACE Act, facilitates a
pro-growth environment for the developing commercial space sector.
It creates more stable regulatory conditions and improves safety,
which, in turn, attracts private investment.
This bill secures American leadership in space and fosters the
development of advanced space technologies.
It preserves the Federal Aviation Administration's ability to
regulate commercial human spaceflight in order to protect national
security, public health, and safety. It also preserves the FAA's
ability to regulate spaceflight participants and crew safety in the
event of an accident.
The SPACE Act allows the commercial space industry to develop
standards and coordinate with the FAA so the industry can grow in a
stable regulatory environment without the threat of arbitrary
regulations that would adversely impact their ability to innovate.
International law places liability for damages that result from space
accidents on the launching country. All spacefaring nations require
some form of third-party liability insurance for launching entities.
The current U.S. risk-sharing structure expires in 2016. This act
extends indemnification to 2025, and this provision prevents U.S. space
companies from going overseas where other nations have much more
favorable liability protection.
The SPACE Act also closes a statutory loophole that negates an
experimental permit once a launch license is issued for the same
vehicle design. This fosters greater innovation and allows an
experimental permit holder to continue its tests while a license holder
conducts operations.
Current law only allows for two categories of individuals carried on
a spacecraft: crew and spaceflight participants. Now that NASA allows
other astronauts to travel to the International Space Station, a new
category is necessary to outline the roles, responsibilities, and
protections for astronauts on a commercial human spaceflight launch.
This bill closes a loophole that carved out an exception for
spaceflight participants from indemnification coverage. By including
these individuals in the indemnification provision, spaceflight
participants who participate in a launch as a result of a contest or
for other reasons are not exposed to liability more than anyone else
involved in the launch.
Current law requires that all parties involved in a launch waive
claims against each other. This bill adds spaceflight participants to
the cross-waiver requirement to ensure consistency and reinforce the
informed consent requirements.
Many bipartisan provisions recently considered by the Science, Space,
and Technology Committee are included in this legislation. These
provisions establish in United States domestic law that U.S. citizens
are entitled to explore, use, and take possession of space resources.
They also streamline the regulatory process for commercial remote
sensing and update the Office of Space Commerce.
Numerous space companies have expressed support for this bill. They
include SpaceX; Virgin Galactic; Blue Origin; World View Enterprises;
XCOR Aerospace; Mojave Air and Space Port; Planetary Resources; Moon
Express; Spaceport America; Spaceport Camden, Georgia; Midland
Development Corporation; Masten Space Systems; the Satellite Industry
Association; and the Commercial Spaceflight Federation, which
represents more than 50 commercial space companies across the United
States.
This bill is the product of over 3 years of work, 14 committee
hearings, multiple markups, a rule on the House floor that allowed
amendments, and input from industry, education groups, and grassroots
citizen advocacy groups. Virtually every space stakeholder group
supports this bill. And, in fact, it passed the Senate unanimously last
week.
H.R. 2262 keeps America at the forefront of the aerospace technology,
promotes American jobs, reduces red tape, promotes safety, and inspires
the next generation of explorers. It provides the boost America's
private space partners need as they lead the world into the future.
Mr. Speaker, we have reached this point because of the persistence,
over many weeks, of very able staff members. I especially thank the
Space Subcommittee Staff Director, Tom Hammond; Science Committee
Senior Adviser and Legislative Director, Chris Wydler; and Chief of
Staff Jennifer Brown for their work on this legislation.
I also want to thank Majority Leader McCarthy again, for his
initiative on this bill, and I encourage my colleagues to support it.
Ms. EDWARDS. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Texas (Ms. Eddie Bernice Johnson), the ranking member
of the Science, Space, and Technology Committee.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, nothing excites me
more than to discuss and to have witnessed much of the space
exploration research.
The bill we are considering today is a missed opportunity to enact
sensible policies. It is a bill that, if enacted, will do harm to
American taxpayers, to the long-term interests of the commercial space
industry itself.
It is a bill that displays the inconsistent and contradictory
approach that this Congress has taken toward this industry. On the one
hand, Congress and the industry has been saying that the commercial
launch industry is so mature that we are ready to send our NASA
astronauts on the International Space Station as passengers on
commercial spacecraft.
On the other hand, the bill before us today says that the industry is
still so immature that the FAA shouldn't be allowed to impose any
safety regulations to protect passengers who fly on any of the
commercial spacecraft until well into the next decade; this, despite
the fact that our country has more than a half century of experience in
human spaceflight, and we understand very well what is needed to
maintain passenger safety.
This contradictory posture makes no sense to me. NASA will insist on
the insight and oversight necessary to be convinced that the vehicles
its astronauts fly on will be as safe as they can be. However, with
this bill, ordinary citizens who fly on commercial spacecraft won't
have any similar protections.
I must point out that I am not talking in the abstraction. In just
this past 13 months, we have witnessed three different commercial
launch providers experience catastrophic failures. One of those
failures resulted in the death of a test pilot. Another caused millions
of dollars of damage to the launch facility.
With these major accidents as a backdrop, I think it is
unconscionable that we are here today moving this bill in its current
form.
The bill before us also goes against the interests of the American
taxpayer. By extending the current licensing and indemnification regime
without any updating of its provisions, it shifts more and more of the
third-party liability financial risk in the event of an accident, and
we know there will be accidents, from the companies to the taxpayers.
Each year that the current, outdated indemnification regime is
extended, the financial exposure of the taxpayer grows, and that of the
companies are reduced. I can think of no other industry where we are
willing to have the government--and ultimately the American taxpayer--
assume an increasing share of the financial risk of an industry as it
matures.
[[Page H8192]]
Of course, some of my majority colleagues will argue that we have to
provide that preferential treatment to our domestic commercial space
transportation industry because foreign governments are providing it to
theirs. Yet I would note that many of those same Members rejected that
same argument when it was applied to the renewal of the Ex-Im Bank. I
guess consistency is not always seen as a virtue in this party.
Mr. Speaker, I will not belabor the point. I opposed this bill when
an earlier version passed the House. Unfortunately, negotiations with
the Senate did not result in any significant improvements.
That is not to say there are no good provisions in the bill. There
are.
{time} 1815
But they are outweighed by the provisions that in one way or another
say that we as a Congress are concerned with protecting the interests
of the commercial space transportation industry but not the safety of
the Americans who will fly on their commercial spacecraft.
Mr. Speaker, when the inevitable accident with significant loss of
life occurs, whether it is 1 year from now or 5 years from now, the
American public will look back at what we are doing today and ask how
we could be so shortsighted. I would urge my colleagues to take a step
back from this path that we are on so that we can take the time to
craft legislation that will help this industry grow in a responsible
manner while still protecting our citizens.
Mr. McCARTHY. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman
from Texas (Mr. Babin), the chairman of the Space Subcommittee.
Mr. BABIN. Mr. Speaker, I rise today in support of the amendment in
the nature of a substitute to H.R. 2262. This bill is the result of
bipartisan negotiations with our Senate colleagues over the last
several months. Just last week, the Senate passed this bill
unanimously.
Over the last 3 years, the House Science, Space, and Technology
Committee has held 14 hearings on issues related to commercial space,
with dozens of witnesses from government, industry, academia, and
grassroots organizations. We have met with countless stakeholders and
considered this bill in committee with markups, on the House floor
under a rule that allowed for amendments, and successfully negotiated a
bipartisan, bicameral bill with the Senate. By all measures, this is
how the legislative process should work. I commend my colleagues both
in this House and in the Senate on a job well done.
That isn't to say that this is a perfect bill, but in some instances
I don't think the bill goes quite far enough. But that is the nature of
our legislative process, and the bill before us moves the ball down the
field in the right direction, enabling a strong American commercial
space industry to flourish. This bill reflects the most significant
piece of legislation relating to commercial space since 1988.
I am also very proud that our final product looks remarkably similar
to the bill we approved in the House, with strong bipartisan support,
earlier. We were able to convince our Senate colleagues of the
importance of extending the regulatory learning period beyond 5 years
to 8 years; we were able to extend indemnification to 10 years as
opposed to 5 years as called for in the Senate bill; and we were able
to include many additional launch provisions from the original House
bill. These are important provisions that will build a strong American
space industry.
I am also very pleased that the Senate agreed to include three other
critical titles in this bill that were introduced and advanced by
members of the committee. These include the Commercial Remote Sensing
Act, sponsored by Representative Bridenstine; the Office of Space
Commerce Act, sponsored by Representative Rohrabacher; and the Space
Resource Exploration and Utilization Act, sponsored by Representative
Posey. Their tireless advocacy ensured these provisions stayed in the
bill. These provisions will pave the way for new industries to blossom
in the United States, allowing our Nation to remain the world leader in
space. We want the United States to be the place where the world comes
for space.
Mr. Speaker, this bipartisan, bicameral agreement facilitates a
progrowth environment for the developing commercial space sector and
creates more stable regulatory conditions.
None of this could have been possible without the tireless leadership
of Majority Leader McCarthy and Chairman Lamar Smith, who sponsored
the bill. Throughout the process, they helped navigate and chart a
course for our private sector space community. I thank them for their
leadership and recommend a yes vote on this important legislation.
Planetary Resources,
Richmond,VA, November 15, 2015.
Hon. Kevin McCarthy,
Majority Leader, House of Representatives, Washington, DC.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
Washington, DC.
Dear Majority Leader McCarthy and Chairman Smith: I want to
thank you for your vision in taking up H.R. 2262, the
Commercial Space Launch and Competitiveness Act. Planetary
Resources strongly supports H.R. 2262, as amended, and
commends you for your leadership in passing this vital
legislation.
The bill provides a critically important element of legal
certainty regarding property rights in asteroid resources.
This will help companies like ours continue to unlock private
support for resource exploration in space.
Thank you for your foresight and perseverance.
Sincerely,
Chris Lewicki,
CEO, Planetary Resources.
____
Midland Development Corporation,
Midland, TX, November 13, 2015.
Hon. Lamar Smith,
Committee on Science, Space, and Technology, House of
Representatives, Washington, DC.
Dear Chairman Smith: I am writing to express our support
for the U.S. Commercial Space Launch Competitiveness Act. We
appreciate your leadership in developing this important
legislation.
The Midland International Air and Space Port (MAF) received
its FAA license last year to operate as a commercial space
launch site, also known as a spaceport. Although there are
other spaceports in the United States, MAF is the only
commercial service airport to have this designation. The
Midland Development Corporation has been active in working
closely with the City of Midland in making the spaceport
successful.
Our initial plans are going well and our long-term vision
is to have Midland serve as an important center for the
world's growing commercial space industry. Since we are still
in the early stages of commercial human spaceflight, the
CSLCA is needed to assist the industry in continuing to
develop and move forward and we are grateful for your efforts
to have this legislation enacted.
We in Midland will continue to do all that we can to ensure
that Texas and the United States are at the leading edge of
commercial space developments. We look forward to working
with you to achieve this goal.
Sincerely,
Pamela Welch,
Executive Director.
____
Moon Express,
Cape Canaveral, FL, November 16, 2015.
Chairman Lamar Smith,
House Science Committee, Washington, DC.
Ranking Member Eddie Bernice Johnson,
House Science Committee, Washington, DC.
Dear Chairman Smith and Ranking Member Johnson: Moon
Express applauds the House and Senate negotiators for the
tremendous work and effort put into crafting the bipartisan,
bicameral ``U.S. Commercial Space Launch Competitiveness
Act'' (CSLCA, or H.R. 2262 as amended). This new legislation
sets the stage for the continued growth and expansion of the
commercial space industry, and incentivizes further
investments in innovation and the development of spaceflight
capabilities that will benefit all Americans.
Moon Express wishes to focus particular praise on the House
and Senate negotiators for Title IV of CSLCA, the ``Space
Resource Exploration and Utilization Act of 2015'', that
provides the first ever codification of rights under United
States law for the private sector extraction and utilization
of space resources obtained from a celestial body. This
landmark legislation provides a unified vision for the growth
of the private sector space resources industry and will help
spur new investments into this bold new field that's vital to
America's future competitiveness, prosperity and security.
Moon Express, Bigelow Aerospace, and many other companies
are applauding the Senate for supporting the creation of a
stable and predictable environment for private sector
development while encouraging investments into the bold new
field of outer space resource exploration and utilization.
This legislation protects and supports U.S. interests as
private sector companies expand the economic sphere of Earth
to the Moon and beyond.
The opportunities for the private sector to explore and
utilize space resources are substantial, and Moon Express
welcomes the
[[Page H8193]]
CSLCA and particularly the landmark legislation of its Title
IV ``Space Resource Exploration and Utilization Act of 2015''
that recognizes and promotes the rights of United States
companies to engage in the exploration and extraction of
space resources from the Moon and other celestial bodies.
For these reasons, and many more, Moon Express calls on
Congress to quickly pass H.R. 2262 as amended, the bipartisan
bill that will ensure that America remains the leader in
space.
Sincerely,
Robert (Bob) Richards,
Founder and CEO.
____
Masten,
Mojave, CA, November 16, 2015.
Honorable Members of the United States House of
Representatives: On behalf of Masten Space Systems Inc., an
American rocket technology company, we would like to express
our sincerest thanks for your continued support in America's
continued leadership in space exploration through the
development and passing of the CSLCA bill.
Your leadership, unwavering commitment, and forward leaning
legislation allows companies like ours to continue safely
pursuing the reaches of space while we grow an American space
company. Your bi-partisan efforts and work with the Senate
has been critical to the maturation the commercial space
market.
We look forward to another great year of success with the
passing of this legislation and your stanch support in
keeping this country on track to remain the trailblazers in
the difficult endeavors of exploring this universe.
Sean Mahoney,
Chief Executive Officer,
Masten Space Systems Inc.
____
Space Exploration Technologies,
Hawthorne, CA, November 16, 2015.
Hon. Lamar Smith,
Chairman, Science, Space & Technology Committee, House of
Representatives, Washington, DC.
Dear Chairman Smith: Space Exploration Technologies Corp.
(SpaceX) writes to share its support for passing H.R. 2262,
the U.S. Commercial Space Launch Competitiveness Act, as
passed by the U.S. Senate on November 9, 2015.
This bill represents a bipartisan, bicameral effort to
update and extend key provisions of the Commercial Space
Launch Act (CSLA), which governs the U.S. commercial space
launch industry, including SpaceX's operational flights with
U.S. astronauts to the Space Station that are scheduled for
2017. Along with a number of beneficial changes, this bill
provides an important clarification of the legal framework
for flying government astronauts and extends liability and
insurance protections for space flight participants.
Thank you, House Majority Leader Kevin McCarthy, and your
fellow cosponsors for leading this effort in the House. We
also appreciate the hard work by Senate Commerce, Science and
Technology Chairman John Thune, Ranking Member Bill Nelson,
and Space, Science, and Competitiveness Subcommittee Chairman
Ted Cruz and Ranking Member Gary Peters and the Senate
cosponsors who contributed to this thoughtful legislation.
We hope H.R. 2262 passes the U.S. House of Representatives
and is quickly signed into law. Again, thank you and your
colleagues for working together on this significant
legislation.
Sincerely,
Gwynne Shotwell,
President.
____
Mojave Air And Space Port,
Mojave, CA, November 13, 2015.
Subject: H.R. 2262; Support for passage
Hon. Chairman Smith,
House Committee on Science, Space, and Technology,
Washington, DC.
Chairman Smith: Congratulations on a marvelous
demonstration of leadership for our industry!
Today Mojave Air and Space Port rises in support of H.R.
2262 and requests all Members of the United States House of
Representatives to join in unanimous support by voting to
pass this landmark legislation. H.R. 2262 moves America away
from dependence on competitive countries for our space
ambitions and returns America to the forefront of space
exploration and exploitation.
Again, Mr. Chairman, your personal involvement in this
effort made a difference and we cannot thank you enough.
Please extend our wishes to all Members of Congress and call
upon us anytime as we all work together in a collective
effort to return America to greatness.
Very Respectfully,
Stuart O. Witt,
CEO.
____
Mojave Air and Space Port,
Mojave, California, 13 Nov 2015.
Subject H.R. 2262; Support for passage
Hon. Majority Leader McCarthy,
Washington, DC.
Leader McCarthy: Congratulations on an incredible
demonstration of technical and political leadership for our
industry!
Today Mojave Air and Space Port rises in support of H.R.
2262 and requests all Members of the United States House of
Representatives to join in unanimous support by voting to
pass this landmark legislation. H.R. 2262 moves America away
from dependence on competitive countries for our space
ambitions and returns America to the forefront of space
exploration and exploitation. Your leadership on creating and
moving H.R. 2262 through the legislative process will likely
have the most impact on our industry since the original bill
of 1984.
Mr. McCarthy, your personal involvement in our industry
continues to make a difference and we cannot thank you
enough. Please extend our wishes to all Members of Congress
and call upon us anytime as we all work together in a
collective effort to return America to greatness.
Very Respectfully,
Stuart O. Witt,
CEO.
____
Hon. Lamar Smith,
Chairman, House Committee on Science, Space & Technology,
Washington, DC.
Hon. Eddie Bernice Johnson,
Ranking Member, House Committee on Science, Space &
Technology, Washington, DC.
Dear Chairman Smith and Ranking Member Johnson: I am
writing to offer Virgin Galactic's strong support for H.R.
2262, the U.S. Commercial Space Launch Competitiveness Act.
This legislation addresses many of the policy hurdles facing
the private space sector since the most recent update of the
Commercial Space Launch Amendments Act in 2004, and creates a
regulatory environment that continues to support the national
objective of expanding human spaceflight.
The commercial spaceflight industry has seen incredible
growth in the past few years, as we strive to make access to
space ever more safe, reliable, and routine. With the passage
of this bill, the industry can continue to innovate and
develop the technologies that will take us to the edge of
space and beyond. Virgin Galactic thanks you, your staff, and
your colleagues on the Committee for your hard work on this
legislation, and we look forward to continued collaboration
in the future.
Sincerely,
George T. Whitesides,
Chief Executive Officer, Virgin Galactic.
____
Blue Origin,
Kent, WA, November 16, 2015.
Hon. Kevin McCarthy,
Majority Leader, House of Representatives,
Washington, DC.
Hon. Lamar Smith,
Chairman, House Committee on Science, Space and Technology,
Washington, DC.
Dear Majority Leader McCarthy and Chairman Smith: Blue
Origin strongly supports the Commercial Space Launch
Competitiveness Act (H.R. 2262 as amended) and thanks you
both for your steadfast support and efforts leading to the
passage of this bill through the House of Representatives.
Since its original enactment in 1984 this legislation has
shaped the commercial space transportation industry, and this
reauthorization paves the way for continued growth and
advancement by companies like Blue Origin. This bipartisan
bill enables companies like ours to increase the safety of
spaceflight while opening the horizons of space to everyone.
The expanded protections for spaceflight participants and
opportunities for expansion in new commercial space
applications guarantees a promising future for this industry.
We also applaud the leadership and support of Chairman Brian
Babin, and Representatives Steven Palazzo, Jim Bridenstine,
Randy Hultgren, Steve Knight, Frank Lucas, Michael McCaul,
John Moolenaar, Bill Posey, Dana Rohrabacher and Randy Weber,
for their co-sponsorship of this important legislation.
Robert Meyerson,
President, Blue Origin.
____
Spaceport Camden,
Woodbine, GA, November 14, 2015.
Hon. Kevin McCarthy,
Majority Leader, House of Representatives,
Washington, DC.
Chairman Lamar Smith,
House Committee on Science, Space, and Technology,
Washington, DC.
Dear Majority Leader McCarthy and Chairman Smith: Spaceport
Camden County, a proposed spaceport along the south Georgia
Coast, is fully supportive of the passage by the House of
Representatives of the Commercial Space Launch Act, as
recently amended by House and Senate actions.
We note that the CSLA was last updated in 2004, and that
initial action created a regulatory framework for commercial
human spaceflight that resulted in a wave of investment,
innovation, jobs and economic growth for the U.S. Since 2004,
there has been numerous successful companies formed (or
expanded), citizens employed, revenues generated and
significant private risk capital committed and spent to
develop new approaches to space technology, utilization,
services, and economic development. These developments have
also captured the country's attention and spurred a renewed
emphasis on the pursuit of science, technology, engineering
and mathematics (STEM) studies by students from 5-85 years
young.
The new legislation under consideration by the House sets
the stage for the continued growth and expansion of the space
transportation industry, while enabling rapid advances in
safety for spaceflight participants. It also promotes
investments in new commercial space applications, promising
future spaceflight capabilities that will benefit all
Americans. The bill facilitates a pro-growth environment for
the developing commercial space industry by encouraging
continued and
[[Page H8194]]
enhanced private sector investment, creating more stable and
predictable regulatory conditions, and improving safety.
We encourage the full House to vote in the affirmative for
the new legislation!
Sincerely,
Steve L. Howard, ICMA-CM, CPM, CPPO,
County Administrator.
Ms. EDWARDS. Mr. Speaker, I reserve the balance of my time.
Mr. McCARTHY. Mr. Speaker, I yield 3 minutes to the gentleman from
Oklahoma (Mr. Bridenstine).
Mr. BRIDENSTINE. Mr. Speaker, I am fully convinced of the potential
economic growth and innovation the commercial space industry
represents. We already rely on commercial space for so much, and in the
coming years, we will see this industry continuing to expand worldwide
Internet coverage, advanced communication architectures, remote sensing
and weather architectures, affordable access to space for science and
commerce, permanent habitats in space, utilization of space resources,
and the list goes on.
We must make sure that we as members of Congress do not do anything
that could stifle this world-changing industry. That is why the U.S.
Commercial Space Launch Competitiveness Act is crucial. The most
important aspect of this legislation is the extension of the so-called
learning period or moratorium on regulations for commercial human
spaceflight. We need a learning period so we can eventually create a
regulatory environment based on real data, not just speculation.
The bill also extends launch indemnification to keep American space
companies competitive against international companies, clarifies that a
launch license and experimental permit can be issued for the same
design, and enables private companies to explore and mine celestial
resources by incorporating the Space Resource Exploration and
Utilization Act of 2015 introduced by my friends Bill Posey and Derek
Kilmer here in this body. These provisions will go a long way toward
encouraging a continued growth of the commercial space industry.
I would also like to address a few provisions of this bill that I
worked to include myself, and I am pleased that we were able to keep
them as the Senate worked to keep them in the final bill.
Section 116 of the bill will require a GAO report to capture the role
of space support vehicles in the commercial space industry, regulatory
and statutory barriers to the services these vehicles offer, and
recommendations for updates that will address these barriers. People
will need to be trained to fly, and vehicle designs will not remain
static, which is why this provision is so important. This section will
help us address situations that will become more prevalent as the
commercial space industry continues to expand and diversify.
Additionally, title II of this bill incorporates H.R. 2261, the
Commercial Remote Sensing Act, bipartisan legislation I introduced with
my friend from Colorado, Ed Perlmutter. This title sets metrics to give
Congress a full picture of the workload facing the Department of
Commerce when licensing remote-sensing activities and what issues are
preventing them from meeting statutory deadlines. Title II also
recognizes the importance of seeking input from the Advisory Committee
for Commercial Remote Sensing, which is largely made up of industry
representatives. This legislation will be crucial as industry expands
beyond traditional remote-sensing satellites and activities and as
Congress looks to update the statutes governing these activities for
the first time since the 1990s.
Mr. Speaker, in conclusion, I would like to thank the majority
leader, Mr. McCarthy, the sponsor of this legislation, and the Science,
Space, and Technology Committee chairman, Mr. Smith, for their
continued leadership on commercial space issues.
Mr. Speaker, H.R. 2262 is critically important to the future of
American leadership, and I urge my colleagues to pass the bill.
Ms. EDWARDS. Mr. Speaker, I reserve the balance of my time.
Mr. McCARTHY. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman
from Florida (Mr. Posey).
Mr. POSEY. Mr. Speaker, I thank the majority leader for yielding.
Mr. Speaker, I rise today in support of the historic U.S. Commercial
Space Launch Competitiveness Act. This legislation continues to lay the
groundwork for a vibrant commercial space industry in the United States
of America.
I would like to thank the majority leader, Kevin McCarthy, and
Chairman Lamar Smith for all their work on the legislation.
I include in the Record several items.
Spaceport America,
Las Cruces, NM, November 16, 2015.
Hon. Kevin McCarthy,
Majority Leader, House of Representatives, Washington, DC.
Hon. Lamar Smith,
Chair, House Committee on Science, Space & Technology,
Washington, DC.
Dear Majority Leader McCarthy and Chairman Smith: I am
writing to offer Spaceport America's strong endorsement of
H.R. 2262, as amended, the U.S. Commercial Space Launch
Competitiveness Act.
This bill represents one of the most significant
modernizations of commercial space policy and regulatory
legislation since the original Commercial Space Launch (CSLA)
was enacted in 1984. The CSLA was last updated in 2004,
creating a regulatory framework for commercial human
spaceffight that resulted in a wave of investment,
innovation, jobs and economic growth for the U.S. This new
legislation sets the stage for the continued growth and
expansion of the space transportation industry, while
enabling rapid advances in safety for spaceflight
participants. It also promotes investments in new commercial
space applications, promising future spaceflight capabilities
that will benefit all Americans.
This bill is a fair and equitable compromise that resulted
from months of hard work and negotiations among Republicans
and Democrats in the House and Senate to harmonize language
from the House-passed SPACE Act of 2015 with provisions from
S. 1297, the Senate's commercial space legislation. It
reflects your shared vision for commercial spaceflight, while
addressing issues raised by Democratic leaders during
deliberations on the bill.
Last week the Senate passed this compromise bill without a
single objection, indicating broad support for this
legislation across the political spectrum. In May, your
original SPACE Act passed the House 284-133--a 68 percent
margin that included 236 Republicans and 48 Democrats. Now
that the Senate has unanimously supported this bipartisan
compromise, we would hope that all 435 House Members could
vote in the national interest to approve this historic
legislation.
Spaceport America applauds both of you for your leadership
and vision in developing and shepherding this much-needed and
comprehensive bill through the Congress. We thank you, your
colleagues, and all of your staff for the many contributions
and the perseverance in advancing this bipartisan legislation
that will ensure America remains the leading force in the
economic development of space.
Sincerely,
Christine Anderson,
Chief Executive Officer.
____
Commercial Spaceflight Federation,
Washington, DC, November 16, 2015.
Hon. Kevin McCarthy,
Majority Leader, House of Representatives, Washington, DC.
Hon. Lamar Smith,
Chair, House Committee on Science, Space & Technology,
Washington, DC.
Dear Majority Leader McCarthy and Chairman Smith: I am
writing to offer the Commercial Spaceflight Federation's
strong endorsement of H.R. 2262, as amended, the U.S.
Commercial Space Launch Competitiveness Act. This bill
represents one of the most significant modernizations of
commercial space policy and regulatory legislation since the
original Commercial Space Launch (CSLA) was enacted in 1984.
The CSLA was last updated in 2004, creating a regulatory
framework for commercial human spaceflight that resulted in a
wave of investment, innovation, jobs and economic growth for
the U.S. This new legislation sets the stage for the
continued growth and expansion of the space transportation
industry, while enabling rapid advances in safety for
spaceflight participants. It also promotes investments in new
commercial space applications, promising future spaceflight
capabilities that will benefit all Americans.
This bill is a fair and equitable compromise that resulted
from months of hard work and negotiations among Republicans
and Democrats in the House and Senate to harmonize language
from the House-passed SPACE Act of 2015 with provisions from
S. 1297, the Senate's commercial space legislation. It
reflects your shared vision for commercial spaceflight, while
addressing issues raised by Democratic leaders during
deliberations on the bill.
Last week week the Senate passed this compromise bill
without a single objection, indicating broad support for this
legislation across the political spectrum. In May, your
original SPACE Act passed the House 284-133--a 68 percent
margin that included 236 Republicans and 48 Democrats. Now
that the Senate has unanimously supported this bipartisan
compromise, we would hope that all 435 House Members could
vote in the national interest to approve this historic
legislation.
[[Page H8195]]
CSF's many companies and organizations, and their employees
and stakeholders, applaud both of you for your leadership and
vision in developing and shepherding this much-needed and
comprehensive bill through the Congress. We thank you, your
colleagues, and all of your staff for the many contributions
and the perseverance in advancing this bipartisan legislation
that will ensure America remains the leading force in the
economic development of space.
Sincerely,
Eric W. Stallmer,
President.
____
Satellite Industry Association Applauds Congress for Passing Long-Term
Extension of Commercial Space Launch Indemnification
[News: For Immediate Release--November 16, 2015]
Washington, D.C.--The Satellite Industry Association (SIA)
today applauded the passage of a bill by the House of
Representatives that will extend the existing commercial
space launch indemnification regime through 2025. The
indemnification provision was included as a part of the
Spurring Private Aerospace Competitiveness and
Entrepreneurship (SPACE) Act of 2015. The Senate has already
passed identical legislation, so the measure will now be sent
to the White House for signature or veto.
``Extending the launch indemnification regime for a further
10 years ensures the continuation of a long-standing
provision needed for the global competitiveness of U.S.
launch services companies,'' said Tom Stroup, President of
SIA. ``SIA applauds this action by Congress. It is an
important step to maintaining U.S. innovation and leadership
in satellite launch while aiding the broader domestic and
global satellite industry.''
SIA has long supported extending commercial space launch
indemnification regime, which offers government
indemnification for any such damages in excess of the
required private launch insurance limits. The regime has
never been drawn upon, but allows U.S. commercial launch
service providers to compete on a level playing field with
foreign providers, all of which enjoy similar indemnification
from 3rd party liability damage related to launch failures.
____
World View,
November 16, 2015.
Hon. Lamar Smith,
Chairman, House Committee on Science, Space & Technology,
Washington, DC.
Honorable Lamar Smith and Members of the Committee: I am
writing to offer World View Enterprise's strong support for
the passage of H.R. 2262. The bill is a culmination of
bipartisan work that promotes competitiveness of the U.S.
commercial space sector.
Under H.R. 2262 innovators such as World View will develop
new technologies and strong international markets, creating
jobs and growing the economy right here in America. We are a
company with a unique mission: to give scientists and non-
astronaut spaceflight participants the opportunity to voyage
to the edge of space. Our proprietary high-altitude balloons
will take Voyagers on a luxury suborbital spaceflight, where
they will gently soar in a comfortable, smartly outfitted,
specially designed space capsule. Participants will gaze upon
the spectacular, even life-changing vistas of the Earth in
the vast blackness of space, as they sail along the frontiers
of space.
This important policy framework, will help pave the way for
American leadership in space exploration, create new
opportunities for American businesses, and will help harness
the tremendous potential of our space exploration industry.
We anticipate significant job growth and the advent of a
whole new support industry in the months and years ahead.
Thank you in advance for your support and ongoing
leadership to bring this bill to fruition, and for your
continued service to our nation.
Sincerely,
Jane Poynter,
CEO, World View Enterprises.
____
Moon Express,
Cape Canaveral, FL, November 16th, 2015.
Chairman Lamar Smith,
House Science Committee, Washington, DC.
Ranking Member Eddie Bernice Johnson,
House Science Committee, Washington, DC.
Dear Chairman Smith and Ranking Member Johnson: Moon
Express applauds the House and Senate negotiators for the
tremendous work and effort put into crafting the bipartisan,
bicameral ``U.S. Commercial Space Launch Competitiveness
Act'' (CSLCA, or H.R. 2262 as amended). This new legislation
sets the stage for the continued growth and expansion of the
commercial space industry, and incentivizes further
investments in innovation and the development of spaceflight
capabilities that will benefit all Americans.
Moon Express wishes to focus particular praise on the House
and Senate negotiators for Title IV of CSLCA, the ``Space
Resource Exploration and Utilization Act of 2015'', that
provides the first ever codification of rights under United
States law for the private sector extraction and utilization
of space resources obtained from a celestial body. This
landmark legislation provides a unified vision for the growth
of the private sector space resources industry and will help
spur new investments into this bold new field that's vital to
America's future competitiveness, prosperity and security.
Moon Express, Bigelow Aerospace, and many other companies
are applauding the Senate for supporting the creation of a
stable and predictable environment for private sector
development while encouraging investments into the bold new
field of outer space resource exploration and utilization.
This legislation protects and supports U.S. interests as
private sector companies expand the economic sphere of Earth
to the Moon and beyond.
The opportunities for the private sector to explore and
utilize space resources are substantial, and Moon Express
welcomes the CSLCA and particularly the landmark legislation
of its Title IV ``Space Resource Exploration and Utilization
Act of 2015'' that recognizes and promotes the rights of
United States companies to engage in the exploration and
extraction of space resources from the Moon and other
celestial bodies.
For these reasons, and many more, Moon Express calls on
Congress to quickly pass H.R. 2262 as amended, the bipartisan
bill that will ensure that America remains the leader in
space.
Sincerely,
Robert (Bob) Richards,
Founder and CEO.
____
Planetary Resources Applauds U.S. Congress in Recognizing Asteroid
Resource Property Rights
Redmond, Wash.--November 10, 2015--Planetary Resources,
Inc., the asteroid mining company, praises the members of
Congress who promoted historic legislation (H.R. 2262) that
recognizes the right of U.S. citizens to own asteroid
resources they obtain as property and encourages the
commercial exploration and recovery of resources from
asteroids, free from harmful interference.
This legislation creates a pro-growth environment for the
development of the commercial space industry by encouraging
private sector investment and ensuring a more stable and
predictable regulatory regime. This law is important for the
industry and is integral to protecting and supporting U.S.
interests as the commercial space sector continues to expand.
``We are proud to have the support of Congress. Throughout
history, governments have spurred growth in new frontiers by
instituting sensible legislation. Long ago, The Homestead Act
of 1862 advocated for the search for gold and timber, and
today, H.R. 2262 fuels a new economy that will open many
avenues for the continual growth and prosperity of humanity.
This off-planet economy will forever change our lives for the
better here on Earth,'' said Chris Lewicki, President and
Chief Engineer, Planetary Resources, Inc.
``Planetary Resources is grateful for the leadership shown
by Congress in crafting this legislation and looks forward to
President Obama signing the language into law. We applaud the
members of Congress who have led this effort and actively
sought stakeholder input to ensure a vibrant economy and
prosperous way of life now and for centuries to come. Patty
Murray (D-WA), Kevin McCarthy (R-CA), Lamar Smith (R-TX),
Bill Posey (R-FL) and Derek Kilmer (D-WA) have been
unwavering in their support and leadership for the growth of
the U.S. economy into the Solar System. Their forward-looking
stance and active role in enabling the development of an
economically and strategically valuable new marketplace will
ensure our country's continued leadership in space,'' said
Peter Marquez, Vice President of Global Engagement, Planetary
Resources, Inc.
Senator Murray said, ``I am glad that we've taken this
important step forward to update our federal policies to make
sure they work for innovative businesses creating jobs in
Washington state. Washington state leads in so many ways, and
I'm proud that local businesses are once again at the
forefront of new industries that will help our economy
continue to grow.''
Congressman Posey said, ``This bipartisan, bicameral
legislation is a landmark for American leadership in space
exploration. Recognizing basic legal protections in space
will help pave the way for exciting future commercial space
endeavors. Asteroids and other objects in space are excellent
potential sources of rare minerals and other resources that
can be used to manufacture a wide range of products here on
Earth and to support future space exploration missions.
Americans willing to invest in space mining operations need
legal certainty that they can keep the fruits of their labor,
and this bill provides that certainty.''
Congressman Kilmer said, ``The commercial space industry in
Washington state is leading the way in developing the cutting
edge technology necessary to support human space exploration.
The U.S. Commercial Space Launch Competitiveness Act will
give these ventures the framework they need to continue to
innovate, and to keep the United States at the head of this
growing, global industry. I congratulate the Senate for
taking this step, and I look forward to the House quickly
sending this bill to President Obama's desk.''
Eric Anderson, Co-Founder and Co-Chairman, Planetary
Resources, Inc., said, ``Many years from now, we will view
this pivotal moment in time as a major step toward humanity
becoming a multi-planetary species. This legislation
establishes the same supportive framework that created the
great economies of history, and it will foster the sustained
development of space.''
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New Legislation Enables Commercial Exploration and Use of Space
Resources--Deep Space Industries Congratulates U.S. Congress on
Landmark Legislation
Moffett Field, CA--Deep Space Industries (DSI)
congratulates the members of the United States Senate for
passing legislation that significantly advances the cause of
opening space resources to humanity. Title IV of S. 1297,
also referred to as the U.S. Commercial Space Launch
Competitive Act of 2015, promotes the right of U.S. citizens
to engage in commercial exploration for, and commercial
recovery of, space resources in accordance with international
obligations and subject to supervision by the U.S.
government.
``We are pleased to see the beginnings of legal clarity in
the field of space resource utilization,'' said Rick
Tumlinson, Chair of Deep Space Industries. ``This bill is a
historic step forward and demonstrates that Congress can
effectively and quickly pass legislation that is important to
the country's economic future. The hardworking legislators
and their staff on Capitol Hill are to be commended.''
Title IV will spur an influx of capital into the industry
and encourage entities to further develop plans and
technologies to extract minerals from the vast numbers of
asteroids and other resource-rich bodies in the solar system.
Mr. POSEY. Mr. Speaker, title IV of this bill includes language from
H.R. 1508, the Space Resource Exploration and Utilization Act. I
introduced this bipartisan, bicameral bill with my colleague from the
State of Washington, Derek Kilmer, and with support from many members
of the Science, Space, and Technology Committee. I appreciate the work
and the research of Senators Patty Murray and Marco Rubio to introduce
identical legislation in the U.S. Senate.
H.R. 1508 provides legal clarity that if a company mines resources
from an asteroid in outer space, it has the right of ownership to those
resources. It does so consistent with U.S. international obligations.
The right to explore and use outer space is found in article I of the
Outer Space Treaty. Article VI of the Outer Space Treaty explicitly
recognizes that nongovernmental entities, such as private corporations,
may explore and use outer space, including the right to remove, take
possession, and use in situ natural resources from celestial bodies.
In drafting and negotiating title IV, there was a challenge in
determining the best language to use to recognize this right. The term
``obtain'' was ultimately chosen because it was technically and
politically neutral. It is our intention that only through actually
physically recovering a resource does a company have the right of
ownership of those resources.
In short, Mr. Speaker, the U.S. Commercial Space Launch Competitive
Act is a critical piece of legislation to the future of our commercial
space industry and space exploration efforts.
Mr. Speaker, I thank my colleagues again for their work on this bill,
and I urge passage of this important legislation.
Ms. EDWARDS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I just want to remind our colleagues because this is
really important legislation moving forward, and I think that as the
ranking member, Ms. Johnson, has indicated and as I have, that it is
not for lack of concern and support of the commercial space industry
and sector that we raise concerns. This is an industry that is growing
by leaps and bounds, that employs thousands of workers all across this
country, and that is at the hub of entrepreneurship, research, and
exploration.
It really is the 21st century future. It is really a question of what
the rules of the game are going to be going forward, how to best
protect the interests of taxpayers, how to protect the interests of the
industry, and to see it grow in a healthy way. So I would hope that the
majority would take into consideration some of the concerns that have
been expressed and let's use an opportunity over these next several
months and years to make sure that we get it right for the industry
that is a part of our future.
I would note that, even with the reservations that have been
expressed, we pointed out a number of areas where there is strength in
this legislation, but we haven't gotten it all right. I would also
remind the majority that, with respect to mining of asteroids, we are
not doing that tomorrow, so all the more reason we should pay attention
to the international treaties of which we are a part and to the needs
and concerns of our international partners as we move forward; that is,
we don't have to rush to judgment where it concerns mining asteroids,
as we are not doing that tomorrow.
So, Mr. Speaker, I would close by just saying that I believe that
there is a great future in this industry, and I am excited about it.
But I also know that we have to balance a lot of our interests to make
sure that we pay attention, again, to safety and that we do it in the
right kind of way.
As I began, I applaud the gentlewoman from Texas for making sure that
the points of concern are on the record. I do not intend to oppose the
bill, and I hope that we can move forward in the future to make sure
that we really can provide for the kind of strength that the industry
needs.
I want to take an opportunity to thank the staff: Pam Whitney of our
Space Subcommittee, who has put in tireless work on this bill; Allen
Li; Russell Norman and John Piazza, our counsel. Dick Obermann, our
chief of staff on the committee, has put in tireless hours to try to
get it right. I think for all of those who are part of the commercial
space industry, we want you to go forward, we want you to succeed, and
we want to make sure that the American public, that the American
taxpayer, gets the benefit of the bargain.
Mr. Speaker, I yield back the balance of my time.
Mr. McCARTHY. Mr. Speaker, today America stands at the beginning of a
new era of innovation and adventure. Scientists, engineers, astronauts,
and entrepreneurs are working in the deserts of California to embark on
the next phase of our journey into space, and today we have the
opportunity to aid them in that journey. Completing consideration of
the SPACE Act in this Chamber today will help ensure America remains
the leader in space exploration and innovation in the 21st century.
Mr. Speaker, we are here today thanks to the hard work of Chairman
Smith, his committee and their staff, especially Chris Wydler and Tom
Hammond. I want to especially thank George Caram from my staff for his
work as well. Because of their commitment after months of negotiations
following the House passage of the original bill earlier this year, the
SPACE Act passed out of the Senate unanimously. I look forward to the
passage of this bill on the House floor today with similarly strong
bipartisan support, and I urge my colleagues to vote with me to move
America into the future.
Mr. Speaker, I yield back the balance of my time.
{time} 1830
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. McCarthy) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 2262.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendment was concurred in.
A motion to reconsider was laid on the table.
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