[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.''

[[Page H8196]]

     
                                  ____
    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.

                          ____________________