PUBLIC LAW 114–90—NOV. 25, 2015

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U.S. COMMERCIAL SPACE LAUNCHCOMPETITIVENESS ACTVerDate Sep 11 2014

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129 STAT. 704

PUBLIC LAW 114–90—NOV. 25, 2015

Public Law 114–90
114th Congress
An ActNov. 25, 2015
[H.R. 2262]

U.S. Commercial
Space LaunchCompetitivenessAct.
51 USC 10101
note.

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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

(a) SHORT TITLE.—This Act may be cited as the ‘‘U.S. Commercial Space Launch Competitiveness Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents; references.
TITLE I—SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND
ENTREPRENEURSHIP
Sec. 101. Short title.
Sec. 102. International launch competitiveness.
Sec. 103. Indemnification for space flight participants.
Sec. 104. Launch license flexibility.
Sec. 105. Licensing report.
Sec. 106. Federal jurisdiction.
Sec. 107. Cross waivers.
Sec. 108. Space authority.
Sec. 109. Orbital traffic management.
Sec. 110. Space surveillance and situational awareness data.
Sec. 111. Consensus standards and extension of certain safety regulation requirements.
Sec. 112. Government astronauts.
Sec. 113. Streamline commercial space launch activities.
Sec. 114. Operation and utilization of the ISS.
Sec. 115. State commercial launch facilities.
Sec. 116. Space support vehicles study.
Sec. 117. Space launch system update.
TITLE II—COMMERCIAL REMOTE SENSING
Sec. 201. Annual reports.
Sec. 202. Statutory update report.
TITLE III—OFFICE OF SPACE COMMERCE
Sec. 301. Renaming of office of space commercialization.
Sec. 302. Functions of the office of space commerce.

dkrause on DSKHT7XVN1PROD with PUBLAWSTITLE 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

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PUBLIC LAW 114–90—NOV. 25, 2015

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, UnitedStates Code.

TITLE I—SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND ENTREPRENEURSHIP
SEC. 101. SHORT TITLE.

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

Spurring Private
Aerospace
Competitivenessand Entrepreneurship
Act of 2015.
51 USC 10101
note.

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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 reasonablemaximum probable loss values.
(b) IMPLEMENTATION.—Not later than 180 days after the dateof 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 thannecessary; 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 andthe Committee on Science, Space, and Technology of the Houseof Representatives.
(c) INDEPENDENT ASSESSMENT.—Not later than 270 days after
the date the evaluation is submitted under subsection (b)(3), theComptroller 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 Secretaryof Transportation in the evaluation, and any plan, under subsection (b);(2) the implementation schedule proposed by the Secretaryin the plan described in paragraph (1);(3) the suitability of the plan described in paragraph (1)for implementation; andVerDate Sep 11 2014

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Deadline.
Consultation.
Evaluation.
Plans.

Deadline.

PUBL090

129 STAT. 706

51 USC 50915.

PUBLIC LAW 114–90—NOV. 25, 2015(4) any further actions needed to implement the plan
described in paragraph (1) or otherwise accomplish the purposeof this section.
(d) LAUNCH LIABILITY EXTENSION.—Section 50915(f) is amended
by striking ‘‘December 31, 2016’’ and inserting ‘‘September 30,
2025’’.
SEC. 103. INDEMNIFICATION FOR SPACE FLIGHT PARTICIPANTS.

(a) IN GENERAL.—Chapter 509 is amended—(1) in section 50914(a)—(A) in paragraph (4), by adding at the end the following:‘‘(E) space flight participants.’’; and(B) by adding at the end the following:‘‘(5) Subparagraph (E) of paragraph (4) ceases to be effective
September 30, 2025.’’; and(2) in section 50915(a)—(A) in paragraph (1), by striking ‘‘a licensee or transferee under this chapter, a contractor, subcontractor, or
customer of the licensee or transferee, or a contractor or
subcontractor of a customer, but not against a space flightparticipant,’’ 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 thelicensee 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.’’.

51 USC 50914.

Termination
date.

SEC. 104. LAUNCH LICENSE FLEXIBILITY.

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51 USC 50906.

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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 ‘‘orreusable 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 therocket’’;(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 orreusable 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 issuanceof a license under this chapter may not invalidate a permit issued
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PUBLIC LAW 114–90—NOV. 25, 2015

129 STAT. 707(4) in subsection (h), by inserting ‘‘or reusable launchvehicle’’ after ‘‘suborbital rocket’’.
SEC. 105. LICENSING REPORT.

Not later than 120 days after the date of enactment of thisAct, the Secretary of Transportation shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and theCommittee on Science, Space, and Technology of the House ofRepresentatives a report on approaches for streamlining thelicensing and permitting process of launch vehicles, reentry vehicles,
or components of launch or reentry vehicles, to enable non-launchflight 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.

Assessment.

SEC. 106. FEDERAL JURISDICTION.

Section 50914 is amended by adding at the end the following:‘‘(g) FEDERAL JURISDICTION.—Any claim by a third party or
space flight participant for death, bodily injury, or property damage
or loss resulting from an activity carried out under the license
shall be the exclusive jurisdiction of the Federal courts.’’.

51 USC 50914.

SEC. 107. CROSS WAIVERS.

Section 50914(b)(1) is amended to read as follows:‘‘(1)(A) A launch or reentry license issued or transferredunder this chapter shall contain a provision requiring thelicensee 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 froman activity carried out under the applicable license.
‘‘(B) In this paragraph, the term ‘applicable parties’means—‘‘(i) contractors, subcontractors, and customers of thelicensee 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.’’.

Definition.

Termination
date.

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SEC. 108. SPACE AUTHORITY.

(a) IN GENERAL.—Not later than 120 days after the date ofenactment of this Act, the Director of the Office of Science andTechnology Policy, in consultation with the Secretary of State, theSecretary of Transportation, the Administrator of the National Aeronautics and Space Administration, the heads of other relevantFederal 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 supervisionauthorities for the activities described in paragraph (1);

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Deadline.
Consultation.

Assessment.

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129 STAT. 708
Recommendations.

Reports.

PUBLIC LAW 114–90—NOV. 25, 2015(3) recommend an authorization and supervision approachthat would prioritize safety, utilize existing authorities, minimize burdens to the industry, promote the U.S. commercial
space sector, and meet the United States obligations underinternational treaties; and(4) submit to the Committee on Commerce, Science, andTransportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a reporton the activities described in paragraphs (1), (2), and (3).
(b) EXCEPTION.—Nothing in this section shall apply to theactivities 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 researchor development projects utilizing the ISS national laboratory.
SEC. 109. ORBITAL TRAFFIC MANAGEMENT.

Deadline.
Consultation.

Assessments.

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Review.

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22:01 Mar 02, 2016(a) SENSE OF CONGRESS.—It is the sense of the Congress thatan 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 enactmentof this Act, the Administrator of the National Aeronautics andSpace Administration, in consultation with the Secretary ofTransportation, 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 Departmentof Transportation, and the Department of Commerce that apply
to space traffic management and orbital debris mitigation andhow 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, andother nonbinding international arrangements in which theUnited States participates, and the manner and extent to which
the Federal Government complies with those requirements andarrangements.
(4) An assessment of existing Federal Government assets
used to conduct space traffic management and space situationalawareness.
(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 congestionof the orbital environment and improve space situational awareness.
(6) An assessment of existing private sector information
sharing activities associated with space situational awarenessand space traffic management.

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PUBLIC LAW 114–90—NOV. 25, 2015

129 STAT. 709(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 enactmentof 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 thatthe Department of Defense plays a vital and unique role inprotecting 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.

Recommendations.

SEC. 110. SPACE SURVEILLANCE AND SITUATIONAL AWARENESS DATA.

Not later than 120 days after the date of enactment of thisAct, 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 andpublic 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 theHouse of Representatives.

Deadline.

Consultation.

Reports.

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SEC. 111. CONSENSUS STANDARDS AND EXTENSION OF CERTAIN
SAFETY REGULATION REQUIREMENTS.

Section 50905(c) is amended—(1) in paragraph (1), by inserting ‘‘IN GENERAL.—’’ before‘‘The Secretary’’;(2) in paragraph (2), by inserting ‘‘REGULATIONS.—’’ before‘‘Regulations’’;(3) by striking paragraph (3);(4) by redesignating paragraph (4) as paragraph (10);(5) by inserting after paragraph (2) the following:‘‘(3) FACILITATION OF STANDARDS.—The Secretary shall continue to work with the commercial space sector, including theCommercial 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 spacesector continues to mature.
‘‘(4) COMMUNICATION AND TRANSPARENCY.—Nothing in thissubsection shall be construed to limit the authority of theSecretary 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

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51 USC 50905.

PUBL090

129 STAT. 710

Deadlines.
Consultation.

Assessment.

Recommendations.

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Consultation.

Consultation.

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PUBLIC LAW 114–90—NOV. 25, 2015
the Secretary to promulgate industry regulations except asotherwise provided in this section.
‘‘(5) INTERIM VOLUNTARY INDUSTRY CONSENSUS STANDARDSREPORTS.—‘‘(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 thecommercial space sector, including the Commercial SpaceTransportation 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 Houseof Representatives a report on the progress of the commercial space transportation industry in developing voluntaryindustry 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 thegeneral progress of the industry in adopting voluntaryindustry consensus standards;‘‘(iv) any lessons learned about voluntary industry
consensus standards, best practices, and commercial
space launch operations;‘‘(v) any lessons learned associated with thedevelopment, potential application, and acceptance ofvoluntary 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 voluntaryindustry consensus standards that promote best practices to improve industry safety.
‘‘(6) REPORT.—Not later than 270 days after the date ofenactment 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 theHouse of Representatives a report specifying key industry
metrics that might indicate readiness of the commercial spacesector and the Department of Transportation to transition toa 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 2018and 2022, the Secretary, in consultation and coordination withthe commercial space sector, including the Commercial SpacePO 00090

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PUBLIC LAW 114–90—NOV. 25, 2015

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, anda 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 theCommittee on Science, Space, and Technology of the Houseof Representatives an assessment of the readiness of thecommercial space industry and the Federal Government totransition to a safety framework that may include regulations.
As part of the review, the contracted organization shallevaluate—‘‘(A) the progress of the commercial space industry
in adopting voluntary industry consensus standards asreported 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 thereport under paragraph (6), including the knowledge andoperational experience obtained by the commercial spaceindustry while providing services for compensation or hire;and‘‘(C) whether the areas identified in the reports underparagraph (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, theSecretary 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 flightindustry 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’’.

Deadline.
Contracts.
Assessment.

Evaluation.

Effective date.

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SEC. 112. GOVERNMENT ASTRONAUTS.

(a) FINDINGS AND PURPOSE.—Section 50901(15) is amended byinserting ‘‘, 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 definedin section 50902 of title 51, United States Code, as amended)within commercial launch vehicles and reentry vehicles underchapter 509 of that title. This need was identified by the Secretaryof Transportation and the Administrator of the National Aeronautics and Space Administration due to the intended use ofcommercial launch vehicles and reentry vehicles developed under
the Commercial Crew Development Program, authorized in section

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51 USC 50901.

51 USC 20113
note.

PUBL090

129 STAT. 712

51 USC 20113.
Designation.

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51 USC 50902.

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PUBLIC LAW 114–90—NOV. 25, 2015402 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 thissection 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 andSpace 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 theperformance of a Federal function under authority oflaw 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 theInternational 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 reentera 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 ‘‘andits payload, crew, or space flight participants, if any,’’ and inserting‘‘and its payload or human beings, if any,’’.

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PUBLIC LAW 114–90—NOV. 25, 2015

129 STAT. 713(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,’’ andinserting ‘‘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 launchvehicle 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 bystriking ‘‘activities involving crew or space flight participants’’ andinserting ‘‘activities involving crew, government astronauts, or spaceflight participants’’.
(l) LICENSE APPLICATIONS AND REQUIREMENTS; APPLICATIONS.—
Section 50905 is amended—(1) in subsection (a)(2), by striking ‘‘crews and space flightparticipants’’ and inserting ‘‘crew, government astronauts, andspace flight participants’’;(2) in subsection (b)(2)(D), by striking ‘‘crew or space flightparticipants’’ and inserting ‘‘crew, government astronauts, or
space flight participants’’; and(3) in subsection (c)—(A) in paragraph (1), by striking ‘‘crew and space flightparticipants’’ and inserting ‘‘crew, government astronauts,and space flight participants’’; and(B) in paragraph (2), by striking ‘‘to crew or spaceflight participants’’ each place it appears and inserting‘‘to crew, government astronauts, or space flight participants’’.
(m) MONITORING ACTIVITIES.—Section 50907(a) is amended bystriking ‘‘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):

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51 USC 50902.

51 USC 50904.

51 USC 50905.

51 USC 50907.

51 USC 50908.

51 USC 50919.

PUBL090

129 STAT. 714

PUBLIC LAW 114–90—NOV. 25, 2015‘‘(A) A government astronaut being carried within alaunch vehicle or reentry vehicle under this chapter.
‘‘(B) A government astronaut performing activities
directly relating to the launch, reentry, or other operationof the launch vehicle or reentry vehicle under this chapter.’’.

51 USC 50918
note.

Consultation.

Evaluation.

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Determination.
Consultation.

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SEC. 113. STREAMLINE COMMERCIAL SPACE LAUNCH ACTIVITIES.

(a) SENSE OF CONGRESS.—It is the sense of Congress thateliminating duplicative requirements and approvals for commercial
launch and reentry operations will promote and encourage thedevelopment 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 theUnited 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 tosection 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 otherexecutive agencies, as appropriate—(A) to identify all requirements that are imposed toprotect the public health and safety, safety of property,
national security interests, and foreign policy interests of
the United States relevant to any commercial launch ofa 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 satisfactionof 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 ofa reentry vehicle.
(2) REPORTS.—Not later than 180 days after the date ofenactment of this Act, and annually thereafter until the Secretary of Transportation determines no outmoded or duplicativerequirements 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,

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129 STAT. 715

and the heads of other executive agencies, as appropriate, shallsubmit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, andTechnology 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 areentry 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 duplicativerequirements 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 acrossaffected agencies into a single application set thatsatisfies 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 anynecessary facility, at that location, that is commerciallyoperated on United States Government property.

Recommendations.

Applicability.

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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 capabilitiesof 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 thatunique 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’’; andVerDate Mar 15 2010

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PUBLIC LAW 114–90—NOV. 25, 2015
(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 INTERNATIONALSPACE STATION.—Section 503 of the National Aeronautics andSpace 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:

51 USCprec. 70901.

‘‘§ 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 viableand 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 explorationand 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 throughat 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 tableof contents for chapter 709 is amended by amending theitem relating to section 70907 to read as follows:‘‘70907. Maintaining use through at least 2024.’’.

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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’scommercial suborbital and orbital space endeavors and support
both commercial and Government space programs;

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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 licenseunder 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 launchareas of those facilities, States and State launch facilities shouldseek to take proper measures to protect themselves, to theextent of their potential liability for involvement in launchservices or reentry services, and compensate third parties forpossible death, bodily injury, or property damage or loss
resulting from an activity carried out under a license underchapter 509 of title 51, United States Code, to which the State
or State launch facility is involved in the launch services orreentry services.
(b) REPORT.—Not later than 1 year after the date of enactmentof this Act, the Comptroller General shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and theCommittee on Science, Space, and Technology of the House ofRepresentatives a report on the potential inclusion of all government property, including State and municipal property, in theexisting indemnification regime established under section 50914
of title 51, United States Code.
SEC. 116. SPACE SUPPORT VEHICLES STUDY.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to theCommittee on Commerce, Science, and Transportation of the Senate
and the Committee on Science, Space, and Technology of the Houseof 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 theuse of such services; and(3) recommendations for legislative or regulatory actionthat may be needed to ensure reduced barriers to the useof such services if such use is a requirement of the industry.

Deadline.
Reports.

Recommendations.

SEC. 117. SPACE LAUNCH SYSTEM UPDATE.

dkrause on DSKHT7XVN1PROD with PUBLAWS(a) IN GENERAL.—Chapter 701 is amended—(1) in the heading by striking ‘‘SPACE SHUTTLE’’ andinserting ‘‘SPACE LAUNCH SYSTEM’’;(2) in section 70101—(A) in the heading, by striking ‘‘space shuttle’’ andinserting ‘‘space launch system’’; and(B) by striking ‘‘space shuttle’’ and inserting ‘‘spacelaunch system’’;(3) by amending section 70102 to read as follows:

51 USCprec. 70101.
51 USC 70101.

‘‘§ 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.

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Deadline.
Determination.
Notification.

51 USC 70103.

51 USC 70104.

51 USCprec. 10101.

PUBLIC LAW 114–90—NOV. 25, 2015‘‘(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’’ andinserting ‘‘SPACE LAUNCH SYSTEM’’; and(B) in subsection (b), by striking ‘‘space shuttle’’ eachplace it appears and inserting ‘‘space launch system’’; and(5) by adding at the end the following:‘‘§ 70104. Definition of Space Launch System‘‘In this chapter, the term ‘Space Launch System’ means theSpace 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 ofcontents 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:

51 USCprec. 70101.

‘‘70104. Definition of Space Launch System.’’.
51 USC 50131.

(3) REQUIREMENT TO PROCURE COMMERCIAL SPACE
TRANSPORTATION SERVICES.—Section 50131(a) of chapter 51 is

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amended by inserting ‘‘or in section 70102’’ after ‘‘in this section’’.

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129 STAT. 719

TITLE II—COMMERCIAL REMOTESENSING
SEC. 201. ANNUAL REPORTS.

(a) IN GENERAL.—Subchapter III of chapter 601 is amended
by adding at the end the following:‘‘§ 60126. Annual reports‘‘(a) IN GENERAL.—The Secretary shall submit a report to theCommittee on Commerce, Science, and Transportation of the Senate
and the Committee on Science, Space, and Technology of the Houseof 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 licenseunder section 60121;‘‘(C) a list of all applications denied and an explanationof 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), thetotal days overdue for each application that exceeded suchdeadline, 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 disclosureof 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:

51 USC 60126.

Lists.

Notifications.

51 USCprec. 60101.

‘‘60126. Annual reports.’’.

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SEC. 202. STATUTORY UPDATE REPORT.

Not later than 1 year after the date of enactment of thisAct, the Secretary of Commerce, in consultation with the headsof other appropriate Federal agencies and the National Oceanicand 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 remotesensing space systems. In preparing the report, the Secretary shall

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Consultation.

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PUBLIC LAW 114–90—NOV. 25, 2015

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 SPACECOMMERCE
SEC. 301. RENAMING OF OFFICE OF SPACE COMMERCIALIZATION.
51 USCprec. 50701.

51 USCprec. 10101.
51 USC 50701.
51 USC 50702.

(a) CHAPTER HEADING.—(1) AMENDMENT.—The heading for chapter 507 is amended
by striking ‘‘COMMERCIALIZATION’’ and inserting ‘‘COMMERCE’’.
(2) CONFORMING AMENDMENT.—The item relating tochapter 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 bystriking ‘‘Commercialization’’ and inserting ‘‘Commerce’’.
(c) RENAMING.—Section 50702(a) is amended by striking‘‘Commercialization’’ and inserting ‘‘Commerce’’.
SEC. 302. FUNCTIONS OF THE OFFICE OF SPACE COMMERCE.

Section 50702(c) is amended by striking ‘‘Commerce.’’ andinserting ‘‘Commerce, including—‘‘(1) to foster the conditions for the economic growth andtechnological advancement of the United States space commerceindustry;‘‘(2) to coordinate space commerce policy issues and actions
within the Department of Commerce;‘‘(3) to represent the Department of Commerce in thedevelopment of United States policies and in negotiations withforeign 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, andTiming policy, including the National Coordination Office forSpace-Based Position, Navigation, and Timing.’’.

TITLE IV—SPACE RESOURCEEXPLORATION AND UTILIZATIONSpace Resource
Exploration andUtilization Act of
2015.
51 USC 10101
note.

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘Space Resource Explorationand Utilization Act of 2015’’.

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SEC. 402. TITLE 51 AMENDMENT.
51 USCprec. 51301.

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129 STAT. 721‘‘CHAPTER 513—SPACE RESOURCE COMMERCIAL
EXPLORATION AND UTILIZATION

dkrause on DSKHT7XVN1PROD with PUBLAWS‘‘Sec.
‘‘51301. Definitions.
‘‘51302. Commercial exploration and commercial recovery.
‘‘51303. Asteroid resource and space resource rights.

‘‘§ 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 UnitedStates’ in section 50902.

51 USC 51301.

‘‘§ 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 developmentin the United States of economically viable, safe, and stableindustries for commercial exploration for and commercial
recovery of space resources in manners consistent with theinternational obligations of the United States; and‘‘(3) promote the right of United States citizens to engage
in commercial exploration for and commercial recovery of spaceresources 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 areport 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 andcontinuing supervision by the Federal Government; and‘‘(2) recommendations for the allocation of responsibilities
among Federal agencies for the activities described in paragraph (1).

President.
51 USC 51302.

Recommendations.

‘‘§ 51303. Asteroid resource and space resource rights‘‘A United States citizen engaged in commercial recovery ofan asteroid resource or a space resource under this chapter shallbe 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 applicablelaw, including the international obligations of the United States.’’.

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51 USCprec. 10101.

PUBLIC LAW 114–90—NOV. 25, 2015(b) TABLE OF CHAPTERS.—The table of chapters for title 51
is amended by adding at the end of the items for subtitle V thefollowing:‘‘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 thisAct, the United States does not thereby assert sovereignty or sovereign or exclusive rights or jurisdiction over, or the ownershipof, any celestial body.

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Approved November 25, 2015.

LEGISLATIVE HISTORY—H.R. 2262:
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.

Æ

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