U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT 

2015

114–88 

Calendar No. 159 

U.S. COMMERCIAL SPACE LAUNCH 

COMPETITIVENESS ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1297 

JULY 22, 2015.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

DAVID SCHWIETERT, Staff Director 

NICK ROSSI, Deputy Staff Director 

REBECCA SEIDEL, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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Calendar No. 159 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–88 

U.S. COMMERCIAL SPACE LAUNCH COMPETITIVENESS 

ACT 

JULY 22, 2015.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1297] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1297) to update the Commercial 

Space Launch Act by amending title 51, United States Code, to 

promote competitiveness of the U.S. commercial space sector, and 

for other purposes, having considered the same, reports favorably 

thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 1297, the U.S. Commercial Space Launch 

Competitiveness Act of 2015, as reported, is to update the Commercial Space Launch Act by amending title 51, United States Code, 

to promote competitiveness of the U.S. commercial space sector, 

and for other purposes. 

BACKGROUND AND NEEDS

On January 25, 1984, President Reagan stated in his State of the 

Union address that the market for space transportation could surpass our capacity to develop it, and that companies interested in 

putting payloads into space must have access to private sector 

launch services. President Reagan issued Executive Order 12465, 

which designated the Department of Transportation (DOT) to take 

the lead on encouraging and facilitating commercial space activities 

by the private sector. Soon thereafter, Congress passed the Commercial Space Launch Act of 1984 (CSLA) (P.L. 98–575). The CSLA 

has been amended several times, most notably in 1988 and 2004, 


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with the creation of an indemnification risk sharing regime and a 

learning period allowing the industry time to mature before additional regulations could be imposed. In addition to laying out the 

licensure process to ensure the safety of launches, the CSLA provides authority to the Secretary of Transportation (Secretary) to indemnify a launch provider from third-party claims, subject to additional appropriations and after the provider’s insurance is exhausted, should an accident occur. 

S. 1297 would provide necessary updates to the CSLA that reflect the needs of a growing U.S. commercial human space flight industry that is continuing to develop and mature. The bill would encourage the competitiveness of the U.S. commercial space industry 

in the global commercial space marketplace. 

The U.S. commercial human space flight industry continues to 

work toward a future of providing safe trips to and from space for 

paying customers on a regular basis. In many cases, launch vehicles that could transport humans could have other commercial applications, such as the transportation of cargo, commercial remote 

sensing, microgravity research, and atmospheric research. The industry has made much progress over the last decade, from flight 

tests to regular cargo resupply missions to the International Space 

Station (ISS). 

The Office of Commercial Space Transportation was first established by the CSLA as part of the Office of the Secretary of Transportation. In 1995, the office was transferred to the Federal Aviation Administration (FAA), laying the groundwork for a regulatory 

regime for FAA-licensed commercial space launches. Now known by 

the acronym ‘‘AST,’’ derived from the Associate Administrator for 

Commercial Space Transportation, the purpose of the office is to 

regulate the U.S. commercial space transportation industry, ensure 

compliance with applicable international obligations of the United 

States, and to protect the public health, safety, safety of property, 

and national security and foreign policy interests of the United 

States. In doing so, AST issues licenses and permits for commercial 

launch and reentry activities, as well as the operation of launch 

and reentry sites within the United States or as carried out by U.S. 

citizens. By contrast, the National Aeronautics and Space Administration (NASA) is not a regulatory agency; so, while NASA has 

funded some development of commercial space vehicles, the FAA 

(as designated by the Secretary) is the regulatory authority for licensure of commercial space launch activities. 

As activity in the commercial launch industry has increased in 

recent years, the FAA has started to consider the potential for an 

expansion of its licensing and regulatory activities regarding commercial space flights. Under current law, however, the FAA is constrained from proposing or implementing new regulations governing commercial space flight that would affect the operations of 

the crew transportation capabilities currently under development. 

The moratorium on such regulations during the industry’s ‘‘learning period’’ was first enacted under section 2(c) of the CSLA 

Amendments of 2004 (118 Stat. 3977), and in 2012 was extended 

through September 30, 2015 (51 U.S.C. 50905(c)), with the rationale that FAA regulatory burdens on the relatively new and rapidly 

evolving commercial space launch industry could slow innovation, 

particularly when it remains to be clear which areas the FAA 


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should regulate. Congress has indicated it wants the FAA to be in 

discussions with industry regarding safety, and excepted from this 

regulatory moratorium are potential new regulations on vehicle design or operation that stem from design issues that have contributed to a serious or fatal accident. Additionally, space flight participants participate under an informed consent risk regime. Current 

restrictions on FAA regulation authority apply only to those regulations intended to protect the safety of crew and spaceflight participants, and this legislation would add government astronauts. 

There are no such restrictions on regulations protecting the safety 

of the uninvolved public. 

The current commercial space launch indemnification for thirdparty losses resulting from launch-related activities dates back to 

1988. Congress has extended the indemnification authority seven 

times since the original enactment. To date, this indemnification 

risk sharing regime has never been activated. The current extension expires on December 31, 2016 (51 U.S.C. 50915(f)). Other 

countries with launch activities provide similar launch indemnity 

programs. However, according to the Government Accountability 

Office testimony before the Subcommittee on Space of the Committee on Science, Space, and Technology of the House of Representative on February 4, 2014, as of July 2012, the United States 

provided less third party liability coverage than China, France, or 

Russia, the primary countries that have conducted commercial 

space launches in the last 5 years. These countries each had an indemnification regime in which the government states that it would 

assume an even greater share of the risk compared to that of the 

United States because each country had a two-tiered system with 

no limit on the amount of government indemnification. 

Under the current risk mitigation regime, the operator is responsible for damage to: (1) third parties, which Congress has defined 

as persons not involved in the launch or reentry; and (2) damage 

to Government property. Operators must maintain minimum levels 

of financial responsibility by insurance or otherwise in an amount 

that would cover the maximum probable loss (MPL) from thirdparty claims as calculated by the FAA. The FAA’s regulations define the MPL (the first tier of risk) to mean the greatest dollar 

amount of loss for bodily injury or property damage that is reasonably expected to result from a licensed or permitted activity. An operator’s responsibility for the risk of the MPL is limited to no more 

than $500 million for potential third party liability and no more 

than $100 million for damage to government property. Indemnified 

damages above the MPL would be covered only by additional appropriations. The Government’s liability for third party claims 

above the MPL amount is capped at $1.5 billion in 1989 dollars, 

adjusted for inflation. Claims above this threshold revert back to 

the licensee. 

SUMMARY OF PROVISIONS

S. 1297 would extend the existing liability indemnification regime for the commercial space transportation industry for a period 

of four years through 2020. The bill also would require the Secretary, in consultation with the commercial space sector and insurance providers, to evaluate the methodology used to calculate the 

MPL and, if necessary, develop a plan to update the methodology. 


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S. 1297 also would extend the regulatory moratorium (existing 

industry ‘‘learning period’’) for a period of five years. The bill would 

provide statutory construction to clarify that the Secretary is authorized to discuss potential regulatory approaches with the commercial space sector during the learning period prior to issuance of 

any proposed rules when authorized. It is the intent of the Committee that the commercial space industry continue to develop voluntary consensus standards even before regulatory authority is 

vested to the Secretary and, as such, the bill would direct the Secretary to facilitate such voluntary consensus standards development as the commercial space sector continues to mature. 

The Committee recognizes that while Congress can, from time to 

time, extend the learning period, there may be objective metrics 

that would indicate a proper level of maturity for the commercial 

space industry to be fit for regulation. S. 1297 would direct the Secretary, in consultation with the commercial space sector, to submit 

to the appropriate committees of Congress a report specifying such 

metrics for consideration. 

The Committee also recognizes that the FAA has not been clear 

about which areas the agency should regulate first if it had more 

authority. To prevent regulatory uncertainty, and to provide Congress with foresight as to what the FAA would do with more regulatory authority, the bill would direct the Secretary to report every 

two years to the appropriate committees of Congress the commercial space activities most appropriate for regulatory action, if any, 

and a proposed transition plan for such regulations. At least two 

such reports would be produced within the window of the extended 

learning period to inform Congress as to the appropriateness of any 

disposition of the learning period in the future. 

S. 1297 also would require the Secretary to submit a report to 

Congress for streamlining the licensing and permitting of hybrid 

rocket systems. Further, the bill would amend current law to ensure that an experimental permit for a suborbital rocket or suborbital rocket design would not be automatically invalidated when 

a license is issued for launch or reentry of that same design. 

In addition, the bill would direct the White House Office of 

Science and Technology Policy (OSTP) to recommend approaches 

for oversight of commercial non-governmental activities conducted 

in space. The bill also would require the Secretary, in concurrence 

with the Secretary of Defense, to report on the feasibility of processing and releasing space situational awareness data. 

Further, the bill would define government astronauts as a separate class of individuals that includes certain government employees or an international partner astronaut, who are carried within 

a launch vehicle or reentry vehicle. The bill also would require the 

Secretary to report to Congress on recommendations to streamline 

regulations for commercial launch and reentry operations. Finally, 

the bill would authorize NASA to extend the operation of the ISS 

through at least 2024. 

LEGISLATIVE HISTORY

Senator Ted Cruz (R-TX), the chairman of the Space, Science, 

and Competitiveness Subcommittee of the Committee on Commerce, Science, and Transportation of the Senate introduced 

S. 1297 on May 12, 2015. The bill’s original co-sponsors included 


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Ranking Member Bill Nelson (D-FL) and Senators Gary Peters (DMI), Marco Rubio (R-FL), and Cory Gardner (R-CO). The bill is also 

cosponsored by Senator Tom Udall (D-NM). S. 1297 was referred 

to the Committee on May 12, 2015. 

On February 24, 2015, Senator Cruz, as chairman of the subcommittee, held a hearing entitled, ‘‘U.S. Human Exploration Goals 

and Commercial Space Competitiveness.’’ At the hearing the subcommittee examined, among other issues, the role of the commercial space industry and its contributions to U.S. global competitiveness, as well as necessary updates to the CSLA. 

On May 20, 2015, the Committee met in open Executive Session 

and by voice vote ordered S. 1297 to be reported favorably with an 

amendment in the nature of a substitute. An amendment submitted by Senator Wicker was accepted by voice vote. That amendment would insert at the end of section 6 of the Act language directing that the report required by the section also include an assessment of the use of existing private and government test infrastructure, as appropriate, in future licensing activities, 

The Majority Leader of the House of Representatives Kevin 

McCarthy (R-CA), along with Science, Space, and Technology Committee of the House of Representatives Chairman Lamar Smith (RTX), Representatives Steven Palazzo (R-MS), and ten additional cosponsors, introduced H.R. 2262, the Spurring Private Aerospace 

Competitiveness and Entrepreneurship Act (SPACE Act) of 2015 on 

May 12, 2015, which includes some similar provisions as S. 1297. 

The legislation was reported favorably by the Science, Space, and 

Technology Committee of the House of Representatives by a vote 

of 18 to 13 on May 13, 2015. The introduced version of the SPACE 

Act would have extended the regulatory moratorium (existing industry ‘‘learning period’’) through 2023; however, an amendment 

offered at markup by Representative Steve Knight (R-CA) was accepted by a vote of 18 to 12 that would further extend the learning 

period through 2025. On May 18, 2015, the Rules Committee of the 

House of Representative attached to the SPACE Act three other 

commercial space related bills (H.R. 1508, H.R. 2261, and H.R. 

2263) that also passed the Science, Space and Technology Committee of the House of Representatives on May 13, 2015. On May 

21, 2015, the House of Representatives approved by a vote of 284 

to 133 the SPACE Act, which included the additional three bills as 

one combined package, and then the bill was referred to the Senate. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1297—U.S. Commercial Space Launch Competitiveness Act 

S. 1297 would authorize the National Aeronautics and Space Administration (NASA) to continue to maintain and operate the International Space Station (ISS) through 2024. Currently, NASA is authorized to engage in those activities through 2020. The legislation 

would require the Department of Transportation (DOT) and NASA 

to submit various reports to the Congress regarding commercial 


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space operations and services, industry practices, as well as to assess potential liabilities associated with commercial space launches. 

In addition, the legislation would allow greater flexibility to private 

firms seeking launch licenses from DOT and it would encourage advances in launch safety regulations. 

CBO estimates that implementing S. 1297 would cost less than 

$500,000 over the 2016–2020 period and about $14.3 billion over 

the 2016–2025 period, assuming appropriation of the necessary 

amounts. Enacting S. 1297 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

S. 1297 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effects of S. 1297 are shown in the following table. The costs 

of this legislation fall within budget function 250 (general science, 

space, and technology). 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2016– 

2020 

2016– 

2025 

NET CHANGES IN SPENDING SUBJECT TO APROPRIATION 

Estimated Authorization Level ....... * 0 0 0 0 3,470 3,549 3,627 3,710 0 0 14,356 

Estimated Outlays ......................... * 0 0 0 0 2,568 3,459 3,605 3,687 963 0 14,282 

Note: * = Less than $500,000. 

Basis of estimate: S. 1297 would authorize NASA to continue the 

ISS program during the 2020–2024 period. In 2014, NASA spent 

about $3 billion on ISS operations. CBO’s estimate of the cost to 

continue ISS operations are based on historical funding and spending patterns, including an adjustment for anticipated inflation. 

Currently, NASA is authorized to fund the ISS through FY 2020; 

therefore additional spending by the federal government for that 

program would begin in FY 2021, assuming appropriation of necessary amounts. CBO estimates that preparing the additional reports to the Congress would cost less than $500,000 in 2016. Enacting S. 1297 would not affect direct spending or revenues; therefore, 

pay-as-you-go procedures do not apply. 

Pay-As-You-Go considerations: None. 

Estimated intergovernmental and private-sector impact: S. 1297 

contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on state, local, or tribal 

governments. 

Estimate prepared by: Federal costs: Marin Burnett; Impact on 

state, local, and tribal governments: Jon Sperl; Impact on the private sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 


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NUMBER OF PERSONS COVERED

S. 1297 would update, extend, and streamline existing activities 

of the FAA AST. Accordingly, the number of persons covered 

should be largely consistent with the current levels of individuals 

and businesses covered by the provisions of law addressed in the 

bill. 

ECONOMIC IMPACT

S. 1297 would not authorize any new direct spending and is 

therefore not expected to have an inflationary or adverse economic 

impact on the Nation. It is anticipated that there would be a positive economic impact from the bill since the language would promote competitiveness of a growing U.S. commercial space sector 

and prevent unnecessary regulatory burdens. 

PRIVACY

S. 1297 would not have an adverse impact on the personal privacy of individuals affected. 

PAPERWORK

The reporting requirements in S. 1297 are not expected to significantly increase the paperwork requirements for private individuals 

or businesses since the bill would only impact businesses already 

subject to FAA’s permitting and licensing requirements. Indeed, it 

is anticipated that the streamlining provisions of the bill may reduce paperwork requirements for regulated businesses. The bill 

would require the Federal Government to produce six reports within one year. In addition, there are two Government reports that 

would be due beginning on December 31, 2016, and biennially 

thereafter. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

This section would designate the short title of this bill as the 

‘‘U.S. Commercial Space Launch Competitiveness Act.’’ 

Section 2. References to title 51, United States Code. 

This section would clarify that any amendments to or repeals of 

a section or provision are to title 51 of the United States Code, unless otherwise stated. 

Section 3. Liability insurance and financial responsibility requirements. 

This section would require the Secretary, in consultation with 

the commercial space sector and insurance providers, to evaluate 

and, if necessary, develop a plan to update the methodology used 


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to calculate the MPL from third party claims. The Secretary would 

be required to 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 by September 30, 2015. It is the intent of the 

Committee to prevent the Government from requiring launch companies to purchase more insurance coverage than is necessary. 

Section 4. Launch liability extension. 

This section would extend liability insurance and financial responsibility requirements under section 50915 of title 51 of the 

United States Code, for licensed commercial launch and reentry activities, subject to MPL insurance requirements, from December 31, 

2016, through December 31, 2020. The Committee has received 

compelling testimony that a stable, long-term, third party liability 

risk-sharing regime between the Government and licensees is important to the international competitiveness of the U.S. commercial 

space transportation industry. 

Section 5. Commercial space launch licensing and experimental permits. 

This section would amend current law to ensure that an experimental permit for a suborbital rocket or suborbital rocket design 

would not be automatically invalidated when a license is issued for 

launch or reentry of that same design. Allowable testing under an 

experimental permit would be broadened to include research and 

development for existing – rather than solely for new – design concepts, equipment, or operating techniques. This section is based 

upon S. 592, a bill sponsored by Senator Rubio (R-FL) with Senators Martin Heinrich (D-NM) and Tom Udall (D-NM) that was introduced on February 26, 2015. A similar bill was approved by the 

Committee in the 113th Congress but had no further action in the 

Senate. 

Section 6. Licensing report. 

This section would require the Secretary to submit a report to 

Congress, no later than 120 days after the date of enactment, on 

approaches for streamlining the licensing and permitting process 

for hybrid rocket systems that use a carrier aircraft (non-launch) 

to carry the suborbital vehicle (for launch) to a certain altitude 

where it will be released. It is the intent of the Committee that any 

proposed approaches for streamlining for the licensing and permitting processes would not authorize substitution of space launch certification for the regulatory requirements for space flight participants that would otherwise assure safety for regulated airspace 

passengers under the certification under part 121 of title 14 of the 

Code of Federal Regulations. 

Additionally, this section also would require the report to include 

an assessment of existing private and Federal Government test infrastructure. It is the intent of the Committee that the commercial 

space sector should have the option to choose between utilizing private or Federal Government test infrastructure to collect data that 

may inform future launch licensing or permitting activities. 


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Section 7. Space authority. 

This section would require the OSTP to consult with the DOT, 

State Department, NASA, and other relevant Federal agencies, as 

necessary, to submit an assessment and recommended approaches 

for oversight of commercial non-governmental activities conducted 

in space that would prioritize safety, utilize existing authorities, 

minimize burdens, promote the U.S. commercial space sector, and 

meet U.S. obligations under international treaties. The report to 

Congress would be required no later than 120 days after the date 

of enactment. It is the intent of the Committee that the assessment 

conducted by OSTP of current and proposed near-term, commercial 

non-governmental activities conducted in space also would include 

activities on, or making use of, other celestial bodies, such as asteroids or the moon. The report should examine and provide recommendations to address issues related to resource utilization, 

property rights, and non-interference that might arise from such 

activities. 

Section 8. Space surveillance and situational awareness data. 

This section would require the Secretary, in concurrence with the 

Secretary of Defense, to consult with other relevant Federal agencies as necessary to submit a report to Congress, no later than 120 

days after the date of enactment, on the feasibility of processing 

and releasing safety-related space situational awareness data to 

any entity (consistent with national security interests and public 

safety obligations of the United States) on the position and trajectories of objects in space. 

Section 9. Extension of certain safety regulation requirements. 

This section would extend the time that the Secretary has to 

issue a final rule for certain regulations on the commercial space 

flight industry, also known as the learning period, from October 1, 

2015, to October 1, 2020. This section also would codify a construction clarifying that the DOT may discuss potential regulatory approaches with the commercial space sector prior to the issuance of 

a notice of proposed rulemaking. This section also would direct the 

DOT to 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, no later than 270 days 

after the date of enactment, on the identification of key industry 

metrics that may indicate readiness of the commercial space sector 

and the DOT to transition to a regulatory approach. Further, this 

section would require that the Secretary to 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 beginning on December 31, 2016, and biennially thereafter, identifying the activities most appropriate for 

regulatory action, if any, and a proposed transition plan for such 

regulations. 

Section 10. Industry voluntary consensus standards. 

This section would require the Secretary to continue work with 

the commercial space sector, including the Commercial Space 

Transportation Advisory Committee, to facilitate the development 

of voluntary consensus standards based on recommended best pracVerDate Sep 11 2014 06:50 Jul 23, 2015 Jkt 049010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR088.XXX SR088

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tices as the commercial space sector continues to mature. Further, 

this section would require that the Secretary, in consultation with 

the commercial space sector, 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 beginning on December 31, 2016, and biennially thereafter, detailing the progress the commercial space sector has made 

with the development of industry voluntary consensus standards. 

Section 11. Government astronauts. 

This section would establish ‘‘government astronaut’’ as a separate class of individuals from crew and space flight participants to 

reflect the status of certain government employees or an international partner astronaut carried within a launch vehicle or reentry vehicle. The addition of government astronaut as a distinct 

category would allow the DOT and NASA to exclude government 

astronauts from commercial license requirements that should not 

be applicable to certain government employees. 

Section 12. Streamline commercial space launch activities. 

This section would require the Secretary, in overseeing and coordinating commercial launch and reentry operations, to consult 

with the Secretary of Defense, NASA Administrator, and other 

Federal agencies, as appropriate, to work together to reduce the 

regulatory burden on the commercial space industry launching 

from federally-owned installations. The section also would require 

the Secretary to report on unnecessary requirements and approvals, any existing efforts for working across Federal agencies to resolve such issues, and recommendations for further streamlining 

commercial launch and reentry operations among multiple Federal 

agencies. 

Section 13. Operation and utilization of the ISS. 

This section would extend the operation and utilization of the 

ISS through at least 2024 by directing the NASA Administrator to 

take all the necessary steps to ensure the ISS remains a viable and 

productive facility capable of utilization, including its use for scientific research and commercial applications. This section would 

not authorize appropriations for such activities. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 51. NATIONAL AND COMMERCIAL SPACE PROGRAMS 

SUBTITLE V. PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES

CHAPTER 509. COMMERCIAL SPACE LAUNCH ACTIVITIES

§ 50901. Findings and purposes 

(a) FINDINGS.—Congress finds that— 


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(1) the peaceful uses of outer space continue to be of great 

value and to offer benefits to all mankind; 

(2) private applications of space technology have achieved a 

significant level of commercial and economic activity and offer 

the potential for growth in the future, particularly in the 

United States; 

(3) new and innovative equipment and services are being 

sought, produced, and offered by entrepreneurs in telecommunications, information services, microgravity research, 

human space flight, and remote sensing technologies; 

(4) the private sector in the United States has the capability 

of developing and providing private launching, reentry, and associated services that would complement the launching, reentry, and associated capabilities of the United States Government; 

(5) the development of commercial launch vehicles, reentry 

vehicles, and associated services would enable the United 

States to retain its competitive position internationally, contributing to the national interest and economic well-being of 

the United States; 

(6) providing launch services and reentry services by the private sector is consistent with the national security and foreign 

policy interests of the United States and would be facilitated 

by stable, minimal, and appropriate regulatory guidelines that 

are fairly and expeditiously applied; 

(7) the United States should encourage private sector 

launches, reentries, and associated services and, only to the extent necessary, regulate those launches, reentries, and services 

to ensure compliance with international obligations of the 

United States and to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States; 

(8) space transportation, including the establishment and operation of launch sites, reentry sites, and complementary facilities, the providing of launch services and reentry services, the 

establishment of support facilities, and the providing of support services, is an important element of the transportation 

system of the United States, and in connection with the commerce of the United States there is a need to develop a strong 

space transportation infrastructure with significant private 

sector involvement; 

(9) the participation of State governments in encouraging 

and facilitating private sector involvement in space-related activity, particularly through the establishment of a space transportation-related infrastructure, including launch sites, reentry 

sites, complementary facilities, and launch site and reentry 

site support facilities, is in the national interest and is of significant public benefit; 

(10) the goal of safely opening space to the American people 

and their private commercial, scientific, and cultural enterprises should guide Federal space investments, policies, and 

regulations; 

(11) private industry has begun to develop commercial 

launch vehicles capable of carrying human beings into space 

and greater private investment in these efforts will stimulate 


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the Nation’s commercial space transportation industry as a 

whole; 

(12) space transportation is inherently risky, and the future 

of the commercial human space flight industry will depend on 

its ability to continually improve its safety performance; 

(13) a critical area of responsibility for the Department of 

Transportation is to regulate the operations and safety of the 

emerging commercial human space flight industry; 

(14) the public interest is served by creating a clear legal, 

regulatory, and safety regime for commercial human space 

flight; and 

(15) the regulatory standards governing human space flight 

must evolve as the industry matures so that regulations neither stifle technology development nor expose crew, government astronauts, or space flight participants to avoidable risks 

as the public comes to expect greater safety for crew, government astronauts, and space flight participants from the industry. 

* * * * * * * 

§ 50902. Definitions 

In this chapter— 

(1) ‘‘citizen of the United States’’ means— 

(A) an individual who is a citizen of the United States; 

(B) an entity organized or existing under the laws of the 

United States or a State; or 

(C) an entity organized or existing under the laws of a 

foreign country if the controlling interest (as defined by 

the Secretary of Transportation) is held by an individual 

or entity described in subclause (A) or (B) of this clause. 

(2) ‘‘crew’’ means any employee of a licensee or transferee, or 

of a contractor or subcontractor of a licensee or transferee, who 

performs activities in the course of that employment directly 

relating to the launch, reentry, or other operation of or in a 

launch vehicle or reentry vehicle that carries human beings. 

(3) ‘‘executive agency’’ has the same meaning given that term 

in section 105 of title 5. 

(4) ‘‘government astronaut’’ means an individual who— 

(A) 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; 

(B) is identified by the Administrator of the National 

Aeronautics and Space Administration; 

(C) is carried within a launch vehicle or reentry vehicle; 

and 

(D) may perform or may not perform activities directly 

relating to the launch, reentry, or other operation of the 

launch vehicle or reentry vehicle. 

(5) ‘‘international partner astronaut’’ means an individual 

designated under Article 11 of the International Space Station 

Intergovernmental Agreement, by a partner to that agreement 


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other than the United States, as qualified to serve as an International Space Station crew ƒmember. 

(6) ‘‘International Space Station Intergovernmental Agreement’’ means the Agreement Concerning Cooperation on the 

International Space Station, signed at Washington January 29, 

1998 (TIAS 12927). 

ø(4)¿ (7) ‘‘launch’’ means to place or try to place a launch vehicle or reentry vehicle øand any payload, crew, or space flight 

participant¿ and any payload or human being from Earth— 

(A) in a suborbital trajectory; 

(B) in Earth orbit in outer space; or 

(C) otherwise in outer space, 

including activities involved in the preparation of a launch 

vehicle or payload for launch, when those activities take place 

at a launch site in the United States. 

ø(5)¿ (8) ‘‘launch property’’ means an item built for, or used 

in, the launch preparation or launch of a launch vehicle. 

ø(6)¿(9) ‘‘launch services’’ means— 

(A) activities involved in the preparation of a launch vehicle, øpayload, crew (including crew training), or space 

flight participant¿ payload, crew (including crew training), 

government astronaut, or space flight participant for 

launch; and 

(B) the conduct of a launch. 

ø(7)¿(10) ‘‘launch site’’ means the location on Earth from 

which a launch takes place (as defined in a license the Secretary issues or transfers under this chapter) and necessary facilities at that location. 

ø(8)¿(11) ‘‘launch vehicle’’ means— 

(A) a vehicle built to operate in, or place a payload or 

human beings in, outer space; and 

(B) a suborbital rocket. 

ø(9)¿(12) ‘‘obtrusive space advertising’’ means advertising in 

outer space that is capable of being recognized by a human 

being on the surface of the Earth without the aid of a telescope 

or other technological device. 

ø(10)¿(13) ‘‘payload’’ means an object that a person undertakes to place in outer space by means of a launch vehicle or 

reentry vehicle, including components of the vehicle specifically 

designed or adapted for that object. 

ø(11)¿(14) except in section 50904(c), ‘‘permit’’ means an experimental permit issued under section 50906. 

ø(12)¿(15) ‘‘person’’ means an individual and an entity organized or existing under the laws of a State or country. 

ø(13)¿(16) ‘‘reenter’’ and ‘‘reentry’’ mean to return or attempt 

to return, purposefully, a reentry vehicle øand its payload, 

crew, or space flight participants, if any,¿ and its payload or 

human beings, if any, from Earth orbit or from outer space to 

Earth. 

ø(14)¿(17) ‘‘reentry services’’ means— 

(A) activities involved in the preparation of a reentry vehicle and øpayload, crew (including crew training), or 

space flight participant, if any,¿ payload, crew (including 

crew training), government astronaut, or space flight participant, if any, for reentry; and 


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(B) the conduct of a reentry. 

ø(15)¿(18) ‘‘reentry site’’ means the location on Earth to 

which a reentry vehicle is intended to return (as defined in a 

license the Secretary issues or transfers under this chapter). 

ø(16)¿(19) ‘‘reentry vehicle’’ means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable 

launch vehicle designed to return from Earth orbit or outer 

space to Earth, substantially intact. 

ø(17)¿(20) ø‘‘space flight participant’’ means an individual, 

who is not crew, carried within a launch vehicle or reentry vehicle.¿ 

(20) ‘‘space flight participant’’ means an individual, who is 

not crew or a government astronaut, carried within a launch 

vehicle or reentry vehicle. 

ø(18)¿(21) ‘‘State’’ means a State of the United States, the 

District of Columbia, and a territory or possession of the 

United States. 

ø(19)¿(22) unless and until regulations take effect under section 50922(c)(2), ‘‘suborbital rocket’’ means a vehicle, rocketpropelled in whole or in part, intended for flight on a suborbital trajectory, and the thrust of which is greater than its 

lift for the majority of the rocket-powered portion of its ascent. 

ø(20)¿(23) ‘‘suborbital trajectory’’ means the intentional flight 

path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave 

the surface of the Earth. 

ø(21)¿(24) ‘‘third party’’ means a person except— 

(A) the United States Government or the Government’s 

contractors or subcontractors involved in launch services 

or reentry services; 

(B) a licensee or transferee under this chapter; 

(C) a licensee’s or transferee’s contractors, subcontractors, or customers involved in launch services or reentry 

services; 

(D) the customer’s contractors or subcontractors involved 

in launch services or reentry services; or 

(E) crew, government astronauts, or space flight participants. 

ø(22)¿(25) ‘‘United States’’ means the States of the United 

States, the District of Columbia, and the territories and possessions of the United States. 

§ 50904. Restrictions on launches, operations, and reentries 

(d) SINGLE LICENSE OR PERMIT.—The Secretary of Transportation 

shall ensure that only 1 license or permit is required from the Department of Transportation to conduct øactivities involving crew or 

space flight participants¿ activities involving crew, government astronauts, or space flight participants, including launch and reentry, 

for which a license or permit is required under this chapter. The 

Secretary shall ensure that all Department of Transportation regulations relevant to the licensed or permitted activity are satisfied. 

§ 50905. License applications and requirements 

(a) APPLICATIONS.— 


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(1) A person may apply to the Secretary of Transportation 

for a license or transfer of a license under this chapter in the 

form and way the Secretary prescribes. Consistent with the 

public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 180 days after accepting an application 

in accordance with criteria established pursuant to subsection 

(b)(2)(D), shall issue or transfer a license if the Secretary decides in writing that the applicant complies, and will continue 

to comply, with this chapter and regulations prescribed under 

this chapter. The Secretary shall inform the applicant of any 

pending issue and action required to resolve the issue if the 

Secretary has not made a decision not later than 120 days 

after accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D). The Secretary shall 

transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a written notice not later than 30 

days after any occurrence when the Secretary has not taken 

action on a license application within the deadline established 

by this subsection. 

(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry 

vehicles, safety systems, processes, services, or personnel (including approval procedures for the purpose of protecting the 

health and safety of øcrews and space flight participants¿ 

crew, government astronauts, and space flight participants, to 

the extent permitted by subsections (b) and (c)) that may be 

used in conducting licensed commercial space launch or reentry activities. 

(b) REQUIREMENTS.— (1) Except as provided in this subsection, all requirements of 

the laws of the United States applicable to the launch of a 

launch vehicle or the operation of a launch site or a reentry 

site, or the reentry of a reentry vehicle, are requirements for 

a license or permit under this chapter. 

(2) The Secretary may prescribe— 

(A) any term necessary to ensure compliance with this 

chapter, including on-site verification that a launch, operation, or reentry complies with representations stated in 

the application; 

(B) any additional requirement necessary to protect the 

public health and safety, safety of property, national security interests, and foreign policy interests of the United 

States; 

(C) by regulation that a requirement of a law of the 

United States not be a requirement for a license or permit 

if the Secretary, after consulting with the head of the appropriate executive agency, decides that the requirement is 

not necessary to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States; 

(D) additional license requirements, for a launch vehicle 

carrying a human being for compensation or hire, necessary to protect the health and safety of øcrew or space 


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flight participants¿ crew, government astronauts, or space 

flight participants, only if such requirements are imposed 

pursuant to final regulations issued in accordance with 

subsection (c); and 

(E) regulations establishing criteria for accepting or rejecting an application for a license or permit under this 

chapter within 60 days after receipt of such application. 

(3) The Secretary may waive a requirement, including the requirement to obtain a license, for an individual applicant if the 

Secretary decides that the waiver is in the public interest and 

will not jeopardize the public health and safety, safety of property, and national security and foreign policy interests of the 

United States. The Secretary may not grant a waiver under 

this paragraph that would permit the launch or reentry of a 

launch vehicle or a reentry vehicle without a license or permit 

if a human being will be on board. 

(4) The holder of a license or a permit under this chapter 

may launch or reenter crew only if— 

(A) the crew has received training and has satisfied 

medical or other standards specified in the license or permit in accordance with regulations promulgated by the 

Secretary; 

(B) the holder of the license or permit has informed any 

individual serving as crew in writing, prior to executing 

any contract or other arrangement to employ that individual (or, in the case of an individual already employed 

as of the date of enactment of the Commercial Space 

Launch Amendments Act of 2004, as early as possible, but 

in any event prior to any launch in which the individual 

will participate as crew), that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants; and 

(C) the holder of the license or permit and crew have 

complied with all requirements of the laws of the United 

States that apply to crew. 

(5) The holder of a license or a permit under this chapter 

may launch or reenter a space flight participant only if— 

(A) in accordance with regulations promulgated by the 

Secretary, the holder of the license or permit has informed 

the space flight participant in writing about the risks of 

the launch and reentry, including the safety record of the 

launch or reentry vehicle type, and the Secretary has informed the space flight participant in writing of any relevant information related to risk or probable loss during 

each phase of flight gathered by the Secretary in making 

the determination required by section 50914(a)(2) and (c); 

(B) the holder of the license or permit has informed any 

space flight participant in writing, prior to receiving any 

compensation from that space flight participant or (in the 

case of a space flight participant not providing compensation) otherwise concluding any agreement to fly that space 

flight participant, that the United States Government has 

not certified the launch vehicle as safe for carrying crew 

or space flight participants; 


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(C) in accordance with regulations promulgated by the 

Secretary, the space flight participant has provided written informed consent to participate in the launch and reentry and written certification of compliance with any regulations promulgated under paragraph (6)(A); and 

(D) the holder of the license or permit has complied with 

any regulations promulgated by the Secretary pursuant to 

paragraph (6). 

(6)(A) The Secretary may issue regulations requiring space 

flight participants to undergo an appropriate physical examination prior to a launch or reentry under this chapter. This 

subparagraph shall cease to be in effect three years after the 

date of enactment of the Commercial Space Launch Amendments Act of 2004. 

(B) The Secretary may issue additional regulations setting reasonable requirements for space flight participants, 

including medical and training requirements. Such regulations shall not be effective before the expiration of 3 years 

after the date of enactment of the Commercial Space 

Launch Amendments Act of 2004. 

(c) SAFETY REGULATIONS.— (1) The Secretary may issue regulations governing the design 

or operation of a launch vehicle to protect the health and safety of øcrew and space flight participants¿ crew, government astronauts, and space flight participants. (2) Regulations issued under this subsection shall— 

(A) describe how such regulations would be applied 

when the Secretary is determining whether to issue a license under this chapter; 

(B) apply only to launches in which a vehicle will be carrying a human being for compensation or hire; 

(C) be limited to restricting or prohibiting design features or operating practices that— 

(i) have resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 

2004) øto crew or space flight participants¿ to crew, 

government astronauts, or space flight participants 

during a licensed or permitted commercial human 

space flight; or 

(ii) contributed to an unplanned event or series of 

events during a licensed or permitted commercial 

human space flight that posed a high risk of causing 

a serious or fatal injury (as defined in 49 CFR 830, as 

in effect on November 10, 2004) øto crew or space 

flight participants¿ to crew, government astronauts, or 

space flight participants; and 

(D) be issued with a description of the instance or instances when the design feature or operating practice 

being restricted or prohibited contributed to a result or 

event described in subparagraph (C). 

(3) øBeginning on October 1, 2015¿ Beginning on October 1, 

2020, the Secretary may propose regulations under this subsection without regard to paragraph (2)(C) and (D). Any such 

regulations shall take into consideration the evolving standards of safety in the commercial space flight industry. 


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(4) Nothing in this subsection shall be construed to limit the 

authority of the Secretary to issue requirements or regulations 

to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the 

United States. 

(5) Nothing in this subsection shall be construed to limit the 

authority of the Secretary to discuss potential regulatory approaches with the commercial space sector, including observations, findings, and recommendations from the Commercial 

Space Transportation Advisory Committee, prior to the issuance 

of a notice of proposed rulemaking. 

(6) The Secretary shall continue to work with the commercial 

space sector, including the Commercial Space Transportation 

Advisory Committee, to facilitate the development of voluntary 

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. 

(d) PROCEDURES AND TIMETABLES.—The Secretary shall establish 

procedures and timetables that expedite review of a license or permit application and reduce the regulatory burden for an applicant. 

§ 50906. Experimental permits 

(a) A person may apply to the Secretary of Transportation for an 

experimental permit under this section in the form and manner the 

Secretary prescribes. Consistent with the protection of the public 

health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later 

than 120 days after receiving an application pursuant to this section, shall issue a permit if the Secretary decides in writing that 

the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary 

shall inform the applicant of any pending issue and action required 

to resolve the issue if the Secretary has not made a decision not 

later than 90 days after receiving an application. The Secretary 

shall transmit to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 15 days after 

any occurrence when the Secretary has failed to act on a permit 

within the deadline established by this section. 

(b) In carrying out subsection (a), the Secretary may establish 

procedures for safety approvals of launch vehicles, reentry vehicles, 

safety systems, processes, services, or personnel that may be used 

in conducting commercial space launch or reentry activities pursuant to a permit. 

(c) In order to encourage the development of a commercial space 

flight industry, the Secretary may when issuing permits use the 

authority granted under section 50905(b)(2)(C). 

(d) The Secretary may issue a permit only for reusable suborbital 

rockets that will be ølaunched or reentered¿ launched or reentered 

under that permit solely for— 

ø(1) research and development to test new design concepts, 

new equipment, or new operating techniques;¿ 

(1) research and development to test design concepts, equipment, or operating techniques; 


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(2) showing compliance with requirements as part of the 

process for obtaining a license under this chapter; or 

(3) crew training øprior to obtaining a license¿ for a launch 

or reentry using the design of the rocket for which the permit 

would be issued. 

(e) Permits issued under this section shall— 

(1) authorize an unlimited number of launches and reentries 

for a particular øsuborbital rocket design¿ suborbital rocket or 

suborbital rocket design for the uses described in subsection 

(d); and 

(2) specify the type of modifications that may be made to the 

suborbital rocket without changing the design to an extent that 

would invalidate the permit. 

(f) Permits shall not be transferable. 

ø(g) A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design 

for a reusable suborbital rocket after a license has been issued for 

the launch or reentry of a rocket of that design.¿ 

(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. 

(h) No person may operate a reusable suborbital rocket under a 

permit for carrying any property or human being for compensation 

or hire. 

(i) For the purposes of sections 50907, 50908, 50909, 50910, 

50912, 50914, 50917, 50918, 50919, and 50923 of this chapter— 

(1) a permit shall be considered a license; 

(2) the holder of a permit shall be considered a licensee; 

(3) a vehicle operating under a permit shall be considered to 

be licensed; and 

(4) the issuance of a permit shall be considered licensing. 

This subsection shall not be construed to allow the transfer of 

a permit. 

§ 50907. Monitoring activities 

(a) GENERAL REQUIREMENTS.—A licensee under this chapter 

must allow the Secretary of Transportation to place an officer or 

employee of the United States Government or another individual as 

an observer at a launch site or reentry site the licensee uses, at a 

production facility or assembly site a contractor of the licensee uses 

to produce or assemble a launch vehicle or reentry vehicle, at a site 

used for øcrew or space flight participant training¿ crew, government astronaut, or space flight participant training, or at a site at 

which a payload is integrated with a launch vehicle or reentry vehicle. The observer will monitor the activity of the licensee or contractor at the time and to the extent the Secretary considers reasonable to ensure compliance with the license or to carry out the 

duties of the Secretary under sections 50904(c), 50905, and 50906 

of this title. A licensee must cooperate with an observer carrying 

out this subsection. 

* * * * * * * 


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§ 50908. Effective periods, and modifications, suspensions, 

and revocations, of licenses 

* * * * * * * 

(d) ADDITIONAL SUSPENSIONS.— 

(1) The Secretary may suspend a license when a previous 

launch or reentry under the license has resulted in a serious 

or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) øto crew or space flight participants¿ to any 

human being and the Secretary has determined that continued 

operations under the license are likely to cause additional serious or fatal injury (as defined in 49 CFR 830, as in effect on 

November 10, 2004) øto crew or space flight participants¿ to 

any human being. 

(2) Any suspension imposed under this subsection shall be 

for as brief a period as possible and, in any event, shall cease 

when the Secretary— 

(A) has determined that the licensee has taken sufficient 

steps to reduce the likelihood of a recurrence of the serious 

or fatal injury; or 

(B) has modified the license pursuant to subsection (b) 

to sufficiently reduce the likelihood of a recurrence of the 

serious or fatal injury. 

(3) This subsection shall not apply to permits. 

(e) EFFECTIVE PERIODS OF MODIFICATIONS, SUSPENSIONS, AND

REVOCATIONS.—Unless the Secretary specifies otherwise, a modification, suspension, or revocation under this section takes effect 

immediately and remains in effect during a review under section 

50912 of this title. 

(f) NOTIFICATION.—The Secretary shall notify the licensee in 

writing of the decision of the Secretary under this section and any 

action the Secretary takes or proposes to take based on the decision. 

§ 50915. Paying claims exceeding liability insurance and financial responsibility requirements 

* * * * * * * 

(f) APPLICATION.—This section applies to a license issued or 

transferred under this chapter for which the Secretary receives a 

complete and valid application not later than øDecember 31, 2016¿ 

December 31, 2020. This section does not apply to permits. 

§ 50917. Enforcement and penalty 

* * * * * * * 

(b) GENERAL AUTHORITY.— 

(1) In carrying out this chapter, the Secretary of Transportation may— 

(A) conduct investigations and inquiries; 

(B) administer oaths; 

(C) take affidavits; and 

(D) under lawful process— 

(i) enter at a reasonable time a launch site, reentry 

site, production facility, assembly site of a launch vehicle or reentry vehicle, øcrew or space flight participant training site,¿ crew, government astronaut, or 


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space flight participant training site, or site at which 

a payload is integrated with a launch vehicle or reentry vehicle to inspect an object to which this chapter 

applies or a record or report the Secretary requires be 

made or kept under this chapter; and 

(ii) seize the object, record, or report when there is 

probable cause to believe the object, record, or report 

was used, is being used, or likely will be used in violation of this chapter. 

(2) The Secretary may delegate a duty or power under this 

chapter related to enforcement to an officer or employee of another executive agency with the consent of the head of the 

agency. 

* * * * * * * 

§ 50919. Relationship to other executive agencies, laws, and 

international obligations 

* * * * * * * 

ø(g) NONAPPLICATION.—This chapter does not apply to— 

ø(1) 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 

ø(2) planning or policies related to the launch, reentry, operation, or activity.¿ 

(g) NONAPPLICATION.— 

(1) IN GENERAL.—This chapter does not apply to— 

(A) a launch, reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site, or 

other space activity the Government carries out for the Government; or 

(B) planning or policies related to the launch, reentry, operation, or activity under subparagraph (A). 

(2) RULE OF CONSTRUCTION.—The following activities are not 

space activities the Government carries out for the Government 

under paragraph (1): 

(A) A government astronaut being carried within a 

launch vehicle or reentry vehicle under this chapter. 

(B) A government astronaut performing activities directly 

relating to the launch, reentry, or other operation of the 

launch vehicle or reentry vehicle under this chapter. 

SUBTITLE VII. ACCESS TO SPACE

CHAPTER 709. INTERNATIONAL SPACE STATION

ø§ 70907. Maintaining use through at least 2020 

øThe 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 

2020 and shall take no steps that would preclude its continued operation and utilization by the United States after 2015.¿ 


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§ 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. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

AUTHORIZATION ACT OF 2010 

[42 U.S.C. 18301 et seq.] 

SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION 

øTHROUGH 2020¿. 

[42 U.S.C. 18351] 

(a) POLICY OF THE UNITED STATES.—It shall be the policy of the 

United States, in consultation with its international partners in the 

ISS program, to support full and complete utilization of the ISS 

øthrough at least 2020¿ through at least 2024. 

(b) NASA ACTIONS.—In furtherance of the policy set forth in subsection (a), NASA shall pursue international, commercial, and 

intragovernmental means to maximize ISS logistics supply, maintenance, and operational capabilities, reduce risks to ISS systems 

sustainability, and offset and minimize United States operations 

costs relating to the ISS. 

SEC. 503. MAINTENANCE OF THE UNITED STATES SEGMENT AND ASSURANCE OF CONTINUED OPERATIONS OF THE INTERNATIONAL SPACE STATION. 

[42 U.S.C. 18353] 

(a) IN GENERAL.—The Administrator shall take all actions necessary to ensure the safe and effective operation, maintenance, and 

maximum utilization of the United States segment of the ISS 

øthrough at least September 30, 2020¿ through at least September 

30, 2024. 

(b) VEHICLE AND COMPONENT REVIEW.— 

(1) IN GENERAL.—øIn carrying out subsection (a), the Administrator¿ The Administrator shall, as soon as is practicable 

after the date of the enactment of this Act, carry out a comprehensive assessment of the essential modules, operational 

systems and components, structural elements, and permanent 

scientific equipment on board or planned for delivery and installation aboard the ISS, including both United States and 

international partner elements, for purposes of identifying the 

spare or replacement modules, systems and components, elements, and equipment that are required to ensure complete, efVerDate Sep 11 2014 06:50 Jul 23, 2015 Jkt 049010 PO 00000 Frm 00024 Fmt 6659 Sfmt 6602 E:\HR\OC\SR088.XXX SR088

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fective, and safe functioning and full scientific utilization of the 

ISS through September 30, 2020. 

(2) DATA.—In carrying out the assessment, the Administrator shall assemble any existing data, and provide for the development of any data or analysis not currently available, that 

is necessary for purposes of the assessment. 

* * * * * * * 

SEC. 504. MANAGEMENT OF THE ISS NATIONAL LABORATORY. 

[42 U.S.C. 18354] 

* * * * * * * 

(d) RESEARCH CAPACITY ALLOCATION AND INTEGRATION OF RE- SEARCH PAYLOADS.— (1) ALLOCATION OF ISS RESEARCH CAPACITY.—As soon as 

practicable after the date of the enactment of this Act, but not 

later than October 1, 2011, ISS national laboratory managed 

experiments shall be guaranteed access to, and utilization of, 

not less than 50 percent of the United States research capacity 

allocation, including power, cold stowage, and requisite crew 

time onboard the ISS through øSeptember 30, 2020¿ September 30, 2024. Access to the ISS research capacity includes 

provision for the adequate upmass and downmass capabilities 

to utilize the ISS research capacity, as available. The Administrator may allocate additional capacity to the ISS national laboratory should such capacity be in excess of NASA research requirements. 

(2) ADDITIONAL RESEARCH CAPABILITIES.—If any NASA research plan is determined to require research capacity onboard 

the ISS beyond the percentage allocated under paragraph (1), 

such research plan shall be prepared in the form of a requested 

research opportunity to be submitted to the process established 

under this section for the consideration of proposed research 

within the capacity allocated to the ISS national laboratory. A 

proposal for such a research plan may include the establishment of partnerships with non-NASA institutions eligible to 

propose research to be conducted within the ISS national laboratory capacity. Until øSeptember 30, 2020¿ September 30, 

2024, the official or employee designated under subsection (b) 

may grant an exception to this requirement in the case of a 

proposed experiment considered essential for purposes of preparing for exploration beyond low-Earth orbit, as determined 

by joint agreement between the organization with which the 

Administrator enters into a cooperative agreement under subsection (a) and the official or employee designated under subsection (b). 

(3) RESEARCH PRIORITIES AND ENHANCED CAPACITY.—The organization with which the Administrator enters into the cooperative agreement shall consider recommendations of the National Academies Decadal Survey on Biological and Physical 

Sciences in Space in establishing research priorities and in developing proposed enhancements of research capacity and opportunities for the ISS national laboratory. 

(4) RESPONSIBILITY FOR RESEARCH PAYLOAD.—NASA shall retain its roles and responsibilities in providing research payload 


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physical, analytical, and operations integration during preflight, post-flight, transportation, and orbital phases essential 

to ensure safe and effective flight readiness and vehicle integration of research activities approved and prioritized by the 

organization with which the Administrator enters into the cooperative agreement and the official or employee designated 

under subsection (b). 

Æ 


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