[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2262 Enrolled Bill (ENR)]
H.R.2262
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

e6b071f952c33475f2b07acedb33f1e345052069b5880e0b18f64a0877b29505

(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:

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0eb31f675742cb8ed87cb050163a349807a4e69991c1428f334b7108d736ab23

TITLE I

-SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND ENTREPRENEURSHIP

(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.
ENTREPRENEURSHIP

08a5c219ed815f4165b7f8abe032140aa3aad94c2e3299b0e650b7ef1b53b233

TITLE IV

-SPACE RESOURCE EXPLORATION AND UTILIZATION

This title may be cited as the ``Spurring Private Aerospace
Competitiveness and Entrepreneurship Act of 2015'' or ``SPACE Act of
2015''.

9e037c5c4bb0569ca3e5819df2396f02040d15a5872b8e928565e85f6fb7d42c

-SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND

(a) Sense of Congress.--It is the sense of Congress that it is in
the public interest to update the methodology used to calculate the
maximum probable loss from claims under section 50914 of title 51,
United States Code, with a validated risk profile approach in order to
consistently compute valid and reasonable maximum probable loss values.
(b) Implementation.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the commercial space sector and insurance providers, shall--
(1) evaluate the methodology used to calculate the maximum
probable loss from claims under section 50914 of title 51, United
States Code, and, if necessary, develop a plan to update that
methodology;
(2) in evaluating or developing a plan under paragraph (1)--
(A) ensure that the Federal Government is not exposed to
greater costs than intended and that launch companies are not
required to purchase more insurance coverage than necessary;
and
(B) consider the impact of the cost to both the industry
and the Government of implementing an updated methodology; and
(3) submit the evaluation, and any plan, to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives.
(c) Independent Assessment.--Not later than 270 days after the date
the evaluation is submitted under subsection (b)(3), the Comptroller
General shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives an assessment of--
(1) the analysis and conclusions provided by the Secretary of
Transportation in the evaluation, and any plan, under subsection
(b);
(2) the implementation schedule proposed by the Secretary in
the plan described in paragraph (1);
(3) the suitability of the plan described in paragraph (1) for
implementation; and
(4) any further actions needed to implement the plan described
in paragraph (1) or otherwise accomplish the purpose of this
section.
(d) Launch Liability Extension.--Section 50915(f) is amended by
striking ``December 31, 2016'' and inserting ``September 30, 2025''.

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(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.''.

b83af94ac57081c730aff5548c0ef64cbae725e028364a5ee58ec76add5dc45e

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''.

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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.

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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.''.

3a88ccfb6fac15276390c781151417eb74e13e19a36313e3002da75b706f4603

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.''.

03e3873c7ec3326a03cb884a6907aba0d4f8deda20c3f11312273f67b7ca321a

(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.

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(a) Sense of Congress.--It is the sense of the Congress that an
improved framework may be necessary for space traffic management of
United States Government assets and United States private sector assets
in outer space and orbital debris mitigation.
(b) Study.--Not later than 90 days after the date of enactment of
this Act, the Administrator of the National Aeronautics and Space
Administration, in consultation with the Secretary of Transportation,
the Chair of the Federal Communications Commission, the Secretary of
Commerce, and the Secretary of Defense, shall enter into an arrangement
with an independent systems engineering and technical assistance
organization to study alternate frameworks for the management of space
traffic and orbital activities.
(c) Contents.--The study shall include the following:
(1) An assessment of current regulations, best practices, and
industry standards that apply to space traffic management and
orbital debris mitigation.
(2) An assessment of current statutory authorities granted to
the Federal Communications Commission, the Department of
Transportation, and the Department of Commerce that apply to space
traffic management and orbital debris mitigation and how those
agencies utilize and coordinate those authorities.
(3) A review of all space traffic management and orbital debris
requirements under treaties and other international agreements to
which the United States is a signatory, and other nonbinding
international arrangements in which the United States participates,
and the manner and extent to which the Federal Government complies
with those requirements and arrangements.
(4) An assessment of existing Federal Government assets used to
conduct space traffic management and space situational awareness.
(5) An assessment of the risk to space traffic management
associated with smallsats and any necessary Government coordination
for their launch and utilization to avoid congestion of the orbital
environment and improve space situational awareness.
(6) An assessment of existing private sector information
sharing activities associated with space situational awareness and
space traffic management.
(7) Recommendations related to the appropriate framework for
the protection of the health, safety, and welfare of the public and
economic vitality of the space industry.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives the study
required in subsection (b).
(e) Department of Defense Authorities.--
(1) Sense of congress.--It is the sense of Congress that the
Department of Defense plays a vital and unique role in protecting
national security assets in space.
(2) Rule of construction.--Nothing in this section may be
construed to affect the authority of the Secretary of Defense as it
relates to safeguarding the national security.

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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.

99b5a31720a418ea2f8ad903656a6781c23858ac676370c374e68dff3669a197

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''.

38825cb924df6dd73a7c5b33c03d160ac491a7ac0385da1972675410b5d5bd87

(a) Findings and Purpose.--Section 50901(15) is amended by
inserting ``, government astronauts,'' after ``crew'' each place it
appears.
(b) Sense of Congress.--The National Aeronautics and Space
Administration has a need to fly government astronauts (as defined in
section 50902 of title 51, United States Code, as amended) within
commercial launch vehicles and reentry vehicles under chapter 509 of
that title. This need was identified by the Secretary of Transportation
and the Administrator of the National Aeronautics and Space
Administration due to the intended use of commercial launch vehicles
and reentry vehicles developed under the Commercial Crew Development
Program, authorized in section 402 of the National Aeronautics and
Space Administration Authorization Act of 2010 (124 Stat. 2820; Public
Law 111-267). It is the sense of Congress that the authority delegated
to the Administration by the amendment made by subsection (d) of this
section should be used for that purpose.
(c) Definition of Government Astronaut.--Section 50902 is amended--
(1) by redesignating paragraphs (4) through (22) as paragraphs
(7) through (25), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) `government astronaut' means an individual who--
``(A) is designated by the National Aeronautics and Space
Administration under section 20113(n);
``(B) is carried within a launch vehicle or reentry vehicle
in the course of his or her employment, which may include
performance of activities directly relating to the launch,
reentry, or other operation of the launch vehicle or reentry
vehicle; and
``(C) is either--
``(i) an employee of the United States Government,
including the uniformed services, engaged in the
performance of a Federal function under authority of law or
an Executive act; or
``(ii) an international partner astronaut.
``(5) `international partner astronaut' means an individual
designated under Article 11 of the International Space Station
Intergovernmental Agreement, by a partner to that agreement other
than the United States, as qualified to serve as an International
Space Station crew member.
``(6) `International Space Station Intergovernmental Agreement'
means the Agreement Concerning Cooperation on the International
Space Station, signed at Washington January 29, 1998 (TIAS
12927).''.
(d) Powers of the National Aeronautics and Space Administration in
Performance of Functions.--Section 20113 is amended by adding at the
end the following:
``(n) Identification of Government Astronauts.--For purposes of a
license issued or transferred by the Secretary of Transportation under
chapter 509 to launch a launch vehicle or to reenter a reentry vehicle
carrying a government astronaut (as defined in section 50902), the
Administration shall designate a government astronaut in accordance
with requirements prescribed by the Administration.''.
(e) Definition of Launch.--Paragraph (7) of section 50902, as
redesignated, is amended by striking ``and any payload, crew, or space
flight participant'' and inserting ``and any payload or human being''.
(f) Definition of Launch Services.--Paragraph (9) of section 50902,
as redesignated, is amended by striking ``payload, crew (including crew
training), or space flight participant'' and inserting ``payload, crew
(including crew training), government astronaut, or space flight
participant''.
(g) Definition of Reenter and Reentry.--Paragraph (16) of section
50902, as redesignated, is amended by striking ``and its payload, crew,
or space flight participants, if any,'' and inserting ``and its payload
or human beings, if any,''.
(h) Definition of Reentry Services.--Paragraph (17) of section
50902, as redesignated, is amended by striking ``payload, crew
(including crew training), or space flight participant, if any,'' and
inserting ``payload, crew (including crew training), government
astronaut, or space flight participant, if any,''.
(i) Definition of Space Flight Participant.--Paragraph (20) of
section 50902, as redesignated, is amended to read as follows:
``(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.''.

853d1a54172dbca7fa930d11ded5877a4228080e9ccf1b59f096a16cfc25889a

(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.

2221dc08dd20e59e766d8b0f606bd504a38dd127e26b83a2273be0e6505c85c5

(a) Sense of Congress.--It is the sense of Congress that--
(1) maximum utilization of partnerships, scientific research,
commercial applications, and exploration test bed capabilities of
the ISS is essential to ensuring the greatest return on investments
made by the United States and its international partners in the
development, assembly, and operations of that unique facility; and
(2) every effort should be made to ensure that decisions
regarding the service life of the ISS are based on the station's
projected capability to continue providing effective and productive
research and exploration test bed capabilities.
(b) Continuation of the International Space Station.--
(1) In general.--Section 501 of the National Aeronautics and
Space Administration Authorization Act of 2010 (42 U.S.C. 18351) is
amended--
(A) in the heading, by striking ``through 2020''; and
(B) in subsection (a), by striking ``through at least
2020'' and inserting ``through at least 2024''.
(2) Maintenance of the united states segment and assurance of
continued operations of the international space station.--Section
503 of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18353) is amended--
(A) in subsection (a), by striking ``through at least
September 30, 2020'' and inserting ``through at least September
30, 2024''; and
(B) in subsection (b)(1), by striking ``In carrying out
subsection (a), the Administrator'' and inserting ``The
Administrator''.
(3) Research capacity allocation and integration of research
payloads.--Section 504(d) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18354(d)) is
amended by striking ``September 30, 2020'' each place it appears
and inserting ``at least September 30, 2024''.
(4) Maintaining use through at least 2024.--Section 70907 is
amended to read as follows:
``Sec. 70907. Maintaining use through at least 2024
``(a) Policy.--The Administrator shall take all necessary steps to
ensure that the International Space Station remains a viable and
productive facility capable of potential United States utilization
through at least September 30, 2024.
``(b) NASA Actions.--In furtherance of the policy under subsection
(a), the Administrator shall ensure, to the extent practicable, that
the International Space Station, as a designated national laboratory--
``(1) remains viable as an element of overall exploration and
partnership strategies and approaches;
``(2) is considered for use by all NASA mission directorates,
as appropriate, for technically appropriate scientific data
gathering or technology risk reduction demonstrations; and
``(3) remains an effective, functional vehicle providing
research and test bed capabilities for the United States through at
least September 30, 2024.''.
(5) Technical and conforming amendments.--
(A) Table of contents of 2010 act.--The item relating to
section 501 in the table of contents in section 1(b) of the
National Aeronautics and Space Administration Authorization Act
of 2010 (124 Stat. 2806) is amended by striking ``through
2020''.
(B) Table of contents of chapter 709.--The table of
contents for chapter 709 is amended by amending the item
relating to section 70907 to read as follows:
``70907. Maintaining use through at least 2024.''.

3982a868f2b2a16d7b6cdc2eb2f7a9ef56183991f737deefc7bd6c4d662e8e11

(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.

ad980f1b03cad79a6e4013cb7150cab027b164eea6e5ca5204f30041ce06bcc6

(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.

cf9dd8978a4a1ea5e451ff0b7db5b3e23516e0e25f29b05a235686239ada14ed

(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''.

4fdf8bfc31b27b1559f4e35090989cf1ee67e5096ac7f29ad3cacffa87b987b1

(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.''.

d2e52b4891e1796142ae77ea9b0ba4e6c6ed126672000e0a074b7ee4c24ec4f4

TITLE II

-COMMERCIAL REMOTE SENSING

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.

19f25c831abf1b1160b97cfc90ac52a2af328e843fc288cf35ff6ae19b8585f1

(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''.

3b9e8521c9166ed370d9ca7166297cf45587eee167c3392d494588760792ea0a

TITLE III

-OFFICE OF SPACE COMMERCE

Section 50702(c) is amended by striking ``Commerce.'' and inserting
``Commerce, including--
``(1) to foster the conditions for the economic growth and
technological advancement of the United States space commerce
industry;
``(2) to coordinate space commerce policy issues and actions
within the Department of Commerce;
``(3) to represent the Department of Commerce in the
development of United States policies and in negotiations with
foreign countries to promote United States space commerce;
``(4) to promote the advancement of United States geospatial
technologies related to space commerce, in cooperation with
relevant interagency working groups; and
``(5) to provide support to Federal Government organizations
working on Space-Based Positioning Navigation, and Timing policy,
including the National Coordination Office for Space-Based
Position, Navigation, and Timing.''.

a51821e9680c3f983e4bdd358505d0228dee8f06a13215bf415d99cd5c4afa39

This title may be cited as the ``Space Resource Exploration and
Utilization Act of 2015''.

4a3b92d87d51bf0daa152df67fa177dd716be89af8b54febef4026e18c8f56a3

(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 utilization....51301''.

6f2f7a0659e60c9898fc06a2c6b6d6f2f777be55a8a36f52f5cb744a1cf1eff5

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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

3eece823d38a7a80f05c9b9026d133e073ee0b088ba90167285d1cabc16cdaba

U.S. Commercial Space Launch Competitiveness Act — HR. 2262

Other Sections

TITLE I

TITLE IV

TITLE I

TITLE II

TITLE III

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