[114th Congress Public Law 90]
[From the U.S. Government Publishing Office]
[[Page 703]]
U.S. COMMERCIAL SPACE LAUNCH COMPETITIVENESS ACT
[[Page 129 STAT. 704]]
Public Law 114-90
114th Congress
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. <<NOTE: Nov. 25, 2015 - [H.R. 2262]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: U.S. Commercial
Space Launch Competitiveness Act.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.
(a) <<NOTE: 51 USC 10101 note.>> 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
[[Page 129 STAT. 705]]
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-- <<NOTE: Spurring Private Aerospace Competitiveness and Entre-
preneurship Act of 2015.>> SPURRING PRIVATE AEROSPACE COMPETITIVENESS
AND ENTREPRENEURSHIP
SEC. 101. <<NOTE: 51 USC 10101 note.>> SHORT TITLE.
This title may be cited as the ``Spurring Private Aerospace
Competitiveness and Entrepreneurship Act of 2015'' or ``SPACE Act of
2015''.
SEC. 102. INTERNATIONAL LAUNCH COMPETITIVENESS.
(a) Sense of Congress.--It is the sense of Congress that it is in
the public interest to update the methodology used to calculate the
maximum probable loss from claims under section 50914 of title 51,
United States Code, with a validated risk profile approach in order to
consistently compute valid and reasonable maximum probable loss values.
(b) Implementation.--
<<NOTE: Deadline. Consultation. Evaluation. Plans.>> 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.-- <<NOTE: Deadline.>> 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
[[Page 129 STAT. 706]]
(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) <<NOTE: 51 USC
50915.>> 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) <<NOTE: 51 USC 50914.>> 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) <<NOTE: Termination date.>> Clause (iv) of
subparagraph (A) ceases to be effective September 30, 2025.''.
SEC. 104. LAUNCH LICENSE FLEXIBILITY.
Section 50906 <<NOTE: 51 USC 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
[[Page 129 STAT. 707]]
(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 <<NOTE: Assessment.>> report shall also include an assessment of
existing private and government infrastructure, as appropriate, in
future licensing activities.
SEC. 106. FEDERAL JURISDICTION.
Section 50914 <<NOTE: 51 USC 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) <<NOTE: Definition.>> 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) <<NOTE: Termination date.>> Clause (iii) of
subparagraph (B) ceases to be effective September 30, 2025.''.
SEC. 108. SPACE AUTHORITY.
(a) In General.-- <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Assessment.>> 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);
[[Page 129 STAT. 708]]
(3) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Reports.>> 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.-- <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Review.>> 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.
[[Page 129 STAT. 709]]
(7) <<NOTE: Recommenda- tions.>> Recommendations related to
the appropriate framework for the protection of the health,
safety, and welfare of the public and economic vitality of the
space industry.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives the study required
in subsection (b).
(e) Department of Defense Authorities.--
(1) Sense of congress.--It is the sense of Congress that the
Department of Defense plays a vital and unique role in
protecting national security assets in space.
(2) Rule of construction.--Nothing in this section may be
construed to affect the authority of the Secretary of Defense as
it relates to safeguarding the national security.
SEC. 110. SPACE SURVEILLANCE AND SITUATIONAL AWARENESS DATA.
<<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Reports.>> 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) <<NOTE: 51 USC 50905.>> 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
[[Page 129 STAT. 710]]
the Secretary to promulgate industry regulations except as
otherwise provided in this section.
``(5) Interim voluntary industry consensus standards
reports.--
``(A) In general.--
<<NOTE: Deadlines. Consultation.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>>
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.-- <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> 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
[[Page 129 STAT. 711]]
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.--
<<NOTE: Deadline. Contracts. Assessment.>> 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 <<NOTE: Evaluation.>> 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.-- <<NOTE: Effective date.>> 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) <<NOTE: 51 USC
50901.>> is amended by inserting ``, government astronauts,'' after
``crew'' each place it appears.
(b) <<NOTE: 51 USC 20113 note.>> 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
[[Page 129 STAT. 712]]
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 <<NOTE: 51 USC 20113.>> 20113 is
amended by adding at the end the following:
``(n) Identification of Government Astronauts.--
<<NOTE: Designation.>> 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, <<NOTE: 51 USC 50902.>> 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,''.
[[Page 129 STAT. 713]]
(h) Definition of Reentry Services.--Paragraph (17) of section
50902, <<NOTE: 51 USC 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) <<NOTE: 51 USC 50904.>> 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 <<NOTE: 51 USC 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) <<NOTE: 51 USC
50907.>> 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) <<NOTE: 51 USC
50908.>> 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 <<NOTE: 51 USC
50919.>> 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):
[[Page 129 STAT. 714]]
``(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. <<NOTE: 51 USC 50918 note.>> 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.-- <<NOTE: Consultation.>> 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) <<NOTE: Evaluation.>> 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.-- <<NOTE: Determination. Consultation.>> 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,
[[Page 129 STAT. 715]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Applicability.>> 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
[[Page 129 STAT. 716]]
(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 <<NOTE: 51 USC prec. 70901.>>
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;
[[Page 129 STAT. 717]]
(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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Recommenda- tions.>> 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 <<NOTE: 51 USC prec. 70101.>> is
amended--
(1) in the heading by striking ``SPACE SHUTTLE'' and
inserting ``SPACE LAUNCH SYSTEM'';
(2) <<NOTE: 51 USC 70101.>> 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.
[[Page 129 STAT. 718]]
``(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.--
<<NOTE: Deadline. Determination. Notification.>> 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) <<NOTE: 51 USC 70103.>> 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. <<NOTE: 51 USC 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 <<NOTE: 51 USC prec. 10101.>> 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 <<NOTE: 51 USC prec. 70101.>> 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 <<NOTE: 51 USC
50131.>> is amended by inserting ``or in section 70102'' after
``in this section''.
[[Page 129 STAT. 719]]
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. <<NOTE: 51 USC 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) <<NOTE: Lists.>> 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) <<NOTE: Notifications.>> 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 <<NOTE: 51 USC prec. 60101.>> is amended by inserting after the
item relating to section 60125 the following:
``60126. Annual reports.''.
SEC. 202. STATUTORY UPDATE REPORT.
Not <<NOTE: Consultation.>> 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
[[Page 129 STAT. 720]]
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 <<NOTE: 51
USC prec. 50701.>> 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 <<NOTE: 51 USC prec.
10101.>> is amended by striking ``Commercialization'' and
inserting ``Commerce''.
(b) Definition of Office.--Section 50701 <<NOTE: 51 USC 50701.>> is
amended by striking ``Commercialization'' and inserting ``Commerce''.
(c) Renaming.--Section 50702(a) <<NOTE: 51 USC 50702.>> is amended
by striking ``Commercialization'' and inserting ``Commerce''.
SEC. 302. FUNCTIONS OF THE OFFICE OF SPACE COMMERCE.
Section 50702(c) is amended by striking ``Commerce.'' and inserting
``Commerce, including--
``(1) to foster the conditions for the economic growth and
technological advancement of the United States space commerce
industry;
``(2) to coordinate space commerce policy issues and actions
within the Department of Commerce;
``(3) to represent the Department of Commerce in the
development of United States policies and in negotiations with
foreign countries to promote United States space commerce;
``(4) to promote the advancement of United States geospatial
technologies related to space commerce, in cooperation with
relevant interagency working groups; and
``(5) to provide support to Federal Government organizations
working on Space-Based Positioning Navigation, and Timing
policy, including the National Coordination Office for Space-
Based Position, Navigation, and Timing.''.
TITLE IV-- <<NOTE: Space Resource Exploration and Utilization Act of
2015.>> SPACE RESOURCE EXPLORATION AND UTILIZATION
SEC. 401. <<NOTE: 51 USC 10101 note.>> 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 <<NOTE: 51 USC prec. 51301.>> is
amended by adding at the end the following:
[[Page 129 STAT. 721]]
``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. <<NOTE: 51 USC 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. <<NOTE: President. 51 USC 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) <<NOTE: Recommenda- tions.>> 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.''.
[[Page 129 STAT. 722]]
(b) Table of Chapters.--The table of chapters for <<NOTE: 51
USC prec. 10101.>> 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''.
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.
Approved November 25, 2015.
LEGISLATIVE HISTORY--H.R. 2262:
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HOUSE REPORTS: No. 114-119 (Comm. on Science, Space, and Technology).
CONGRESSIONAL RECORD, Vol. 161 (2015):
May 21, considered and passed House.
Nov. 10, considered and passed Senate, amended.
Nov. 16, House concurred in Senate amendment.
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