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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2262 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2262

 To facilitate a pro-growth environment for the developing commercial 
 space industry by encouraging private sector investment and creating 
   more stable and predictable regulatory conditions, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2015

    Mr. McCarthy (for himself, Mr. Smith of Texas, Mr. Palazzo, Mr. 
 Rohrabacher, Mr. Lucas, Mr. McCaul, Mr. Posey, Mr. Knight, Mr. Babin, 
 Mr. Hultgren, Mr. Bridenstine, Mr. Weber of Texas, and Mr. Moolenaar) 
 introduced the following bill; which was referred to the Committee on 
                     Science, Space, and Technology

_______________________________________________________________________

                                 A BILL

 
 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.

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

SEC. 2. CONSENSUS STANDARDS.

    Section 50905(c) of title 51, United States Code, is amended--
            (1) by striking paragraph (3);
            (2) by redesignating paragraph (4) as paragraph (8); and
            (3) by inserting after paragraph (2) the following:
            ``(3) Interim industry voluntary consensus standards 
        report.--The Secretary, in consultation with the Commercial 
        Space Transportation Advisory Committee, or its successor 
        organization, shall provide a report to the Committee on 
        Science, Space, and Technology of the House of Representatives 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate on the progress of the commercial space 
        transportation industry in developing voluntary consensus 
        standards or any other construction that promotes best 
        practices to improve the industry. Such report shall include, 
        at a minimum--
                    ``(A) any voluntary industry consensus standards or 
                any other construction that have been accepted by the 
                industry at large;
                    ``(B) the identification of areas that have the 
                potential to become voluntary industry consensus 
                standards or another potential construction that are 
                currently under consideration by the industry at large;
                    ``(C) an assessment from the Secretary on the 
                general progress of the industry in adopting voluntary 
                consensus standards or any other construction;
                    ``(D) lessons learned about voluntary industry 
                consensus standards or any other construction, best 
                practices, and commercial space launch operations;
                    ``(E) any lessons learned associated with the 
                development, potential application, and acceptance of 
                voluntary industry consensus standards or any other 
                construction, best practices, and commercial space 
                launch operations; and
                    ``(F) recommendations, findings, or observations 
                from the Commercial Space Transportation Advisory 
                Committee, or its successor organization, on the 
                progress of the industry in developing industry 
                consensus standards or any other construction.
        This report, with the appropriate updates in the intervening 
        periods, shall be transmitted to such committees no later than 
        December 31, 2016, December 31, 2018, and December 31, 2020. 
        Each report shall describe and assess the progress achieved as 
        of 6 months prior to the specified transmittal date.
            ``(4) Interim report on knowledge and operational 
        experience.--The Secretary shall provide a report to the 
        Committee on Science, Space, and Technology of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the of the Senate on the status of the 
        knowledge and operational experience acquired by the industry 
        while providing flight services for compensation or hire to 
        support the development of a safety framework. Interim reports 
        shall be transmitted to such committees no later than December 
        31, 2018, and December 31, 2020. Each report shall describe and 
        assess the progress achieved as of 6 months prior to the 
        specified transmittal date.
            ``(5) Independent review.--No later than December 31, 2021, 
        an independent, private systems engineering and technical 
        assistance organization or standards development organization 
        contracted by the Secretary shall provide to the Committee on 
        Science, Space, and Technology of the House of Representatives 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate an assessment of the readiness of the commercial 
        space industry and the Federal Government to transition to a 
        safety framework that may include regulations. As part of the 
        review, the contracted organization shall evaluate--
                    ``(A) the progress of the commercial space industry 
                in adopting industry voluntary standards or any other 
                construction as reported by the Secretary in the 
                interim assessments included in reports provided under 
                paragraph (4); and
                    ``(B) the knowledge and operational experience 
                obtained by the commercial space industry while 
                providing services for compensation or hire as reported 
                by the Secretary in the interim knowledge and 
                operational reports provided under paragraph (4).
            ``(6) Learning period.--Beginning on December 31, 2023, the 
        Secretary may propose regulations under this subsection without 
        regard to paragraph (2)(C) and (D). The development of any such 
        regulations shall take into consideration the evolving 
        standards of the commercial space flight industry as identified 
        through the reports published under paragraphs (3) and (4).
            ``(7) Communication and transparency.--Nothing in this 
        subsection shall be construed to limit the authority of the 
        Secretary of Transportation to discuss potential approaches, 
        potential performance standards, or any other topic related to 
        this subsection with the commercial space industry including 
        observations, findings, and recommendations from the Commercial 
        Space Transportation Advisory Committee, or its successor 
        organization, prior to the issuance of a notice of proposed 
        rulemaking. Such discussions shall not be construed to permit 
        the Secretary to promulgate industry regulations except as 
        otherwise provided in this section.''.

SEC. 3. INTERNATIONAL LAUNCH COMPETITIVENESS.

    (a) Purpose.--The purpose of this section is to provide for 
updating 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 to provide reasonable maximum probable 
loss values associated with potential third party losses from 
commercially licensed launches. An appropriately updated methodology 
will help ensure that the Federal Government is not exposed to greater 
financial risks than intended and that launch companies are not 
required to purchase more insurance coverage than necessary.
    (b) Maximum Probable Loss Plan.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transportation shall 
provide to the Committee on Science, Space, and Technology of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a plan to update the methodology used to 
calculate maximum probable loss from claims under section 50914 of 
title 51, United States Code, through the use of a validated risk 
profile approach. Such plan shall include, at a minimum--
            (1) an evaluation of the reasonableness of the current 
        single casualty estimate and, if needed, the steps the 
        Secretary will take to update such estimate;
            (2) an evaluation, in consultation with the Administrator 
        of the National Aeronautics and Space Administration and the 
        heads of other relevant executive agencies, of the 
        reasonableness of the dollar value of the insurance requirement 
        required by the Secretary for launch providers to cover damage 
        to Government property resulting from a commercially licensed 
        space launch activity, and recommendations as to a reasonable 
        calculation if, as determined by the Secretary, the current 
        statutory threshold is insufficient;
            (3) a schedule of when updates to the methodology and 
        calculations for the totality of the Maximum Probable Loss will 
        be implemented, and a detailed explanation of any changes to 
        the current calculation; and
            (4) consideration of the impact of the cost of its 
        implementation on the licensing process, both in terms of the 
        cost to industry of collecting and providing the requisite data 
        and cost to the Government of analyzing the data.
    (c) Independent Assessment.--Not later than 270 days after 
transmittal of the plan under subsection (b), the Comptroller General 
shall provide to the Committee on Science, Space, and Technology of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate an assessment of--
            (1) the conclusions and analysis provided by the Secretary 
        of Transportation in the plan required under subsection (b);
            (2) the implementation schedule proposed by the Secretary 
        in such plan;
            (3) the suitability of the plan for implementation; and
            (4) any further actions needed to implement the plan or 
        otherwise accomplish the purpose of this section.
    (d) Launch Liability Extension.--Section 50915(f) of title 51, 
United States Code, is amended by striking ``December 31, 2016'' and 
inserting ``December 31, 2023''.

SEC. 4. LAUNCH LICENSE FLEXIBILITY.

    Section 50906 of title 51, United States Code, is amended--
            (1) in subsection (d), by striking ``launched or 
        reentered'' and inserting ``launched or reentered under that 
        permit'';
            (2) by amending subsection (d)(1) to read as follows:
            ``(1) research and development to test design concepts, 
        equipment, or operating techniques;'';
            (3) in subsection (d)(3), by striking ``prior to obtaining 
        a license'';
            (4) in subsection (e)(1), by striking ``suborbital rocket 
        design'' and inserting ``suborbital rocket or rocket design''; 
        and
            (5) by amending subsection (g) to read as follows:
    ``(g) The Secretary may issue a permit under this section 
notwithstanding any license issued under this chapter. The issuance of 
a license under this chapter shall not invalidate a permit under this 
section.''.

SEC. 5. GOVERNMENT ASTRONAUTS.

    (a) Definitions.--Section 50902 of title 51, United States Code, is 
amended--
            (1) by redesignating paragraphs (4) through (22) as 
        paragraphs (5) through (23), respectively;
            (2) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) `government astronaut' means an individual designated 
        as such by the Administrator of the National Aeronautics and 
        Space Administration, pursuant requirements established by the 
        Administrator, who--
                    ``(A) is an employee of--
                            ``(i) the United States Government, 
                        including the United States Armed Forces; or
                            ``(ii) a foreign government that is a party 
                        to the Intergovernmental Agreement Among the 
                        Government of Canada, Governments of Member 
                        States of the European Space Agency, the 
                        Government of Japan, the Government of the 
                        Russian Federation, and the Government of the 
                        United States of America Concerning Cooperation 
                        on the Civil International Space Station, 
                        signed on January 29, 1998; and
                    ``(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.'';
            (3) in paragraph (5), as so redesignated by paragraph (1) 
        of this subsection, by inserting ``government astronaut,'' 
        after ``crew,'';
            (4) in paragraph (7)(A), as so redesignated by paragraph 
        (1) of this subsection, by inserting ``government astronaut,'' 
        after ``(including crew training),'';
            (5) in paragraph (14), as so redesignated by paragraph (1) 
        of this subsection, by inserting ``government astronauts,'' 
        after ``crew,'';
            (6) in paragraph (15)(A), as so redesignated by paragraph 
        (1) of this subsection, by inserting ``government astronaut,'' 
        after ``(including crew training),'';
            (7) by amending paragraph (18), as so redesignated by 
        paragraph (1) of this subsection, to read as follows:
            ``(18) `space flight participant' means an individual, who 
        is not crew or a government astronaut, carried within a launch 
        vehicle or reentry vehicle.''; and
            (8) in paragraph (22)(E), as so redesignated by paragraph 
        (1) of this subsection, by inserting ``, government 
        astronauts,'' after ``crew''.
    (b) Restrictions on Launches, Operations, and Reentries; Single 
License or Permit.--Section 50904(d) of title 51, United States Code, 
is amended by inserting ``, government astronauts,'' after ``crew''.
    (c) License Applications and Requirements; Applications.--Section 
50905 of title 51, United States Code, is amended--
            (1) in subsection (a)(2), by striking ``crews and space 
        flight participants'' and inserting ``crew, government 
        astronauts, and space flight participants'';
            (2) in subsection (b)(2)(D), by inserting ``, government 
        astronauts,'' after ``crew''; and
            (3) in subsection (c)--
                    (A) in paragraph (1), by inserting ``, government 
                astronauts,'' after ``crew''; and
                    (B) in paragraph (2), by striking ``to crew or 
                space flight participants'' each place it appears and 
                inserting ``to crew, government astronauts, or space 
                flight participants''.
    (d) Monitoring Activities.--Section 50907(a) of title 51, United 
States Code, is amended by striking ``crew or space flight participant 
training'' and inserting ``crew, government astronaut, or space flight 
participant training''.
    (e) Additional Suspensions.--Section 50908(d)(1) of title 51, 
United States Code, is amended by striking ``to crew or space flight 
participants'' each place it appears and inserting ``to crew, 
government astronauts, or space flight participants''.

SEC. 6. INDEMNIFICATION FOR SPACE FLIGHT PARTICIPANTS.

    Chapter 509 of title 51, United States Code, is amended--
            (1) in section 50914(a)(4), by adding at the end the 
        following:
                    ``(E) space flight participants.''; and
            (2) in section 50915(a)(1)--
                    (A) by striking ``or a contractor'' and inserting 
                ``a contractor''; and
                    (B) by striking ``but not against'' and inserting 
                ``or''.

SEC. 7. FEDERAL JURISDICTION.

    Section 50914 of title 51, United States Code, is amended by adding 
at the end the following:
    ``(g) Federal Jurisdiction.--Any action or tort arising from a 
licensed launch or reentry shall be the sole jurisdiction of the 
Federal courts and shall be decided under Federal law.''.

SEC. 8. CROSS-WAIVERS.

    Section 50914(b)(1) of title 51, United States Code, is amended to 
read as follows: ``(1) A launch or reentry license issued or 
transferred under this chapter shall contain a provision requiring the 
licensee or transferee to make a reciprocal waiver of claims with its 
contractors, subcontractors, and customers, the contractors and 
subcontractors of the customers, and any space flight participants, 
involved in launch services or reentry services or participating in a 
flight under which each party to the waiver agrees to be responsible 
for property damage or loss it or they sustain, or for personal injury 
to, death of, or property damage or loss sustained by its own employees 
resulting from an activity carried out under the applicable license.''.

SEC. 9. ORBITAL TRAFFIC MANAGEMENT.

    (a) Sense of Congress.--It is the sense of the Congress that, as 
none currently exists, there may be a need for a framework that 
addresses space traffic management of United States Government assets 
and United States private sector assets to minimize the proliferation 
of debris and decrease the congestion of the orbital environment.
    (b) Study Required.--Not later than 90 days after the date of 
enactment of this Act, the Administrator of the National Aeronautics 
and Space Administration shall enter into an arrangement with an 
independent, private systems engineering and technical assistance 
organization to study frameworks for the management of space traffic 
and orbital activities. The study shall include the following:
            (1) An assessment of current regulations, Government best 
        practices, and industry standards that apply to space traffic 
        management and orbital debris mitigation.
            (2) An assessment of current statutory authority granted to 
        the Federal Communications Commission, the Federal Aviation 
        Administration, and the National Oceanic and Atmospheric 
        Administration and how those agencies utilize and coordinate 
        those authorities.
            (3) A review of all space traffic management and orbital 
        debris requirements under treaties and other international 
        agreements to which the United States is a signatory, and other 
        nonbinding international arrangements in which the United 
        States participates, and the manner in which the Federal 
        Government complies with those requirements.
            (4) An assessment of existing Federal Government assets 
        used to conduct space traffic management and space situational 
        awareness.
            (5) An assessment of the risk associated with smallsats as 
        well as any necessary Government coordination for their launch 
        and utilization.
            (6) An assessment of existing private sector information 
        sharing activities associated with space situational awareness 
        and space traffic management.
            (7) Recommendations related to the framework for the 
        protection of the health, safety, and welfare of the public and 
        economic vitality of the space industry.
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall provide to the Committee 
on Science, Space, and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate 
the report required in subsection (b).
    (d) Department of Defense Authorities.--Congress recognizes the 
vital and unique role played by the Department of Defense in protecting 
national security assets in space. Nothing in this section shall be 
construed to amend authorities granted to the Department of Defense to 
safeguard the national security.

SEC. 10. STATE COMMERCIAL LAUNCH FACILITIES.

    It is the Sense of Congress that State involvement, development, 
ownership, and operation of launch facilities can help enable growth of 
the Nation's commercial suborbital and orbital space endeavors and 
support both commercial and Government space programs. It is further 
the sense of Congress that State launch facilities and the people and 
property within the affected launch areas of those State facilities are 
subject to risks if the commercial launch vehicle fails or experiences 
an anomaly. To ensure the success of the commercial launch industry and 
the safety of the people and property in the affected launch areas, it 
is the further sense of Congress that States and State launch 
facilities should seek to take proper measures to secure their 
investments and the safety of third parties from potential damages that 
could be suffered from commercial launch activities.
                                 <all>
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