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

114th CONGRESS
  1st Session
                                H. R. 2262

_______________________________________________________________________

                                 AN ACT

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Spurring Private 
Aerospace Competitiveness and Entrepreneurship Act of 2015'' or the 
``SPACE Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--COMMERCIAL SPACE LAUNCH

Sec. 101. Consensus standards.
Sec. 102. International launch competitiveness.
Sec. 103. Launch license flexibility.
Sec. 104. Government astronauts.
Sec. 105. Indemnification for space flight participants.
Sec. 106. Independent study of indemnification for space flight 
                            participants.
Sec. 107. Federal jurisdiction.
Sec. 108. Cross-waivers.
Sec. 109. Orbital traffic management.
Sec. 110. State commercial launch facilities.
Sec. 111. Space support vehicles study.
Sec. 112. Streamline commercial space launch activities.
Sec. 113. Space Launch System update.
          TITLE II--SPACE RESOURCE EXPLORATION AND UTILIZATION

Sec. 201. Short title.
Sec. 202. Title 51 amendment.
                  TITLE III--COMMERCIAL REMOTE SENSING

Sec. 301. Annual reporting.
Sec. 302. Statutory update report.
                   TITLE IV--OFFICE OF SPACE COMMERCE

Sec. 401. Renaming of Office of Space Commercialization.
Sec. 402. Functions of the Office of Space Commerce.

                    TITLE I--COMMERCIAL SPACE LAUNCH

SEC. 101. 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, December 31, 2020, and 
        December 31, 2022. 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 by transmitted to such committees no later than December 
        31, 2018, December 31, 2020, and December 31, 2022. 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, 2023, 
        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 (3); 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, 2025, 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. 102. 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, 2025''.

SEC. 103. LAUNCH LICENSE FLEXIBILITY.

    Section 50906 of title 51, United States Code, is amended--
            (1) in subsection (d), by striking ``that will be launched 
        or reentered'' and inserting ``or reusable launch vehicles that 
        will be launched into a suborbital trajectory or reentered 
        under that permit'';
            (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)--
                    (A) by striking ``prior to obtaining a license''; 
                and
                    (B) by inserting ``or vehicle'' after ``design of 
                the rocket'';
            (4) in subsection (e)(1), by striking ``suborbital rocket 
        design'' and inserting ``suborbital rocket or rocket design, or 
        for a particular reusable launch vehicle or reusable launch 
        vehicle design,'';
            (5) in subsection (e)(2), by inserting ``or launch 
        vehicle'' after ``the suborbital rocket'';
            (6) 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.''; and
            (7) in subsection (h), by inserting ``or reusable launch 
        vehicle'' after ``suborbital rocket''.

SEC. 104. 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. 105. 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. 106. INDEPENDENT STUDY OF INDEMNIFICATION FOR SPACE FLIGHT 
              PARTICIPANTS.

    Not later than 1 year after the date of enactment of this Act, 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 a report detailing 
the results of a study of the issues associated with space flight 
participants and potential third party claims that could arise from a 
potential accident of a commercial licensed launch vehicle or reentry 
vehicle that is carrying space flight participants. The study shall--
            (1) identify the issues associated with space flight 
        participants and third party liability;
            (2) identify options for addressing the issues;
            (3) identify any potential unintended consequences and 
        issues associated with each of the options; and
            (4) identify any potential costs to the Federal Government 
        for each of the options.

SEC. 107. 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.''.

SEC. 108. 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. 109. 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, in consultation with the Federal Aviation 
Administration, the Federal Communications Commission, the National 
Oceanic and Atmospheric Administration, and the Department of Defense, 
shall enter into an arrangement with an independent, nonprofit, 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. 110. STATE COMMERCIAL LAUNCH FACILITIES.

    (a) Sense of Congress.--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.
    (b) Report Required.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit 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 report on the potential inclusion of all 
government property, including State and municipal property, in the 
existing indemnification regime established under section 50914 of 
title 51, United States Code.

SEC. 111. SPACE SUPPORT VEHICLES STUDY.

    Not less than 1 year after the date of enactment of this Act, the 
Comptroller General shall submit 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 report on the 
use of space support vehicle services in the commercial space industry. 
This report shall include--
            (1) the extent to which launch providers rely on such 
        services as part of their business models;
            (2) the statutory, regulatory, and market barriers to the 
        use of such services; and
            (3) recommendations for legislative or regulatory action 
        that may be needed to ensure reduced barriers to the use of 
        such services if such use is a requirement of the industry.

SEC. 112. STREAMLINE COMMERCIAL SPACE LAUNCH ACTIVITIES.

    (a) Sense of Congress.--It is the sense of Congress that 
eliminating duplicative requirements and approvals for commercial 
launch and reentry operations will promote and encourage the 
development of the commercial space sector.
    (b) Reaffirmation of Policy.--Congress reaffirms that the Secretary 
of Transportation, in overseeing and coordinating commercial launch and 
reentry operations, should--
            (1) promote commercial space launches and reentries by the 
        private sector;
            (2) facilitate Government, State, and private sector 
        involvement in enhancing U.S. launch sites and facilities;
            (3) protect public health and safety, safety of property, 
        national security interests, and foreign policy interests of 
        the United States; and
            (4) consult with the head of another executive agency, 
        including the Secretary of Defense or the Administrator of the 
        National Aeronautics and Space Administration, as necessary to 
        provide consistent application of licensing requirements under 
        chapter 509 of title 51, United States Code.
    (c) Requirements.--
            (1) In general.--The Secretary of Transportation under 
        section 50918 of title 51, United States Code, and subject to 
        section 50905(b)(2)(C) of that title, shall consult with the 
        Secretary of Defense, the Administrator of the National 
        Aeronautics and Space Administration, and the heads of other 
        executive agencies, as appropriate--
                    (A) to identify all requirements that are imposed 
                to protect the public health and safety, safety of 
                property, national security interests, and foreign 
                policy interests of the United States relevant to any 
                commercial launch of a launch vehicle or commercial 
                reentry of a reentry vehicle; and
                    (B) to evaluate the requirements identified in 
                subparagraph (A) and, in coordination with the licensee 
                or transferee and the heads of the relevant executive 
                agencies--
                            (i) determine whether the satisfaction of a 
                        requirement of one agency could result in the 
                        satisfaction of a requirement of another 
                        agency; and
                            (ii) resolve any inconsistencies and remove 
                        any outmoded or duplicative requirements or 
                        approvals of the Federal Government relevant to 
                        any commercial launch of a launch vehicle or 
                        commercial reentry of a reentry vehicle.
            (2) Reports.--Not later than 180 days after the date of 
        enactment of this Act, and annually thereafter until the 
        Secretary of Transportation determines no outmoded or 
        duplicative requirements or approvals of the Federal Government 
        exist, the Secretary of Transportation, in consultation with 
        the Secretary of Defense, the Administrator of the National 
        Aeronautics and Space Administration, the commercial space 
        sector, and the heads of other executive agencies, as 
        appropriate, shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate, the Committee on 
        Science, Space, and Technology of the House of Representatives, 
        and the congressional defense committees a report that includes 
        the following:
                    (A) A description of the process for the 
                application for and approval of a permit or license 
                under chapter 509 of title 51, United States Code, for 
                the commercial launch of a launch vehicle or commercial 
                reentry of a reentry vehicle, including the 
                identification of--
                            (i) any unique requirements for operating 
                        on a United States Government launch site, 
                        reentry site, or launch property; and
                            (ii) any inconsistent, outmoded, or 
                        duplicative requirements or approvals.
                    (B) A description of current efforts, if any, to 
                coordinate and work across executive agencies to define 
                interagency processes and procedures for sharing 
                information, avoiding duplication of effort, and 
                resolving common agency requirements.
                    (C) Recommendations for legislation that may 
                further--
                            (i) streamline requirements in order to 
                        improve efficiency, reduce unnecessary costs, 
                        resolve inconsistencies, remove duplication, 
                        and minimize unwarranted constraints;
                            (ii) consolidate or modify requirements 
                        across affected agencies into a single 
                        application set that satisfies the requirements 
                        identified in paragraph (1)(A);
                            (iii) facilitate outreach to minority- and 
                        women-owned businesses on business 
                        opportunities in the commercial space industry; 
                        and
                            (iv) facilitate the participation of the 
                        Emerging Researchers National Conference in 
                        STEM, American Association for the Advancement 
                        of Science, Louis Stokes Alliances for Minority 
                        Participation Program (LAMP), Historically 
                        Black Colleges and Universities Undergraduate 
                        Program (HBCU-UP) of the National Science 
                        Foundation, Emerging Researchers National 
                        Conference in Science, Technology, Engineering 
                        and Mathematics, the University of Florida's 
                        Institute for African-American Mentoring in 
                        Computing Sciences, the Hispanic Association of 
                        Colleges and Universities, the National Indian 
                        Education Association, and other institutions, 
                        organizations, or associations as the Secretary 
                        of Transportation determines to be useful in 
                        investigating the feasibility of developing 
                        programs for fellowships, work-study, and 
                        employment opportunities for undergraduate and 
                        graduate students.
            (3) Definitions.--For purposes of this subsection--
                    (A) any applicable definitions set forth in section 
                50902 of title 51, United States Code, shall apply;
                    (B) the terms ``launch'', ``reenter'', and 
                ``reentry'' include landing of a launch vehicle or 
                reentry vehicle; and
                    (C) the terms ``United States Government launch 
                site'' and ``United States Government reentry site'' 
                include any necessary facility, at that location, that 
                is commercially operated on United States Government 
                property.

SEC. 113. SPACE LAUNCH SYSTEM UPDATE.

    (a) Chapter 701.--
            (1) Amendment.--The chapter heading of chapter 701 of title 
        51, United States Code, is amended by striking ``SPACE 
        SHUTTLE'' and inserting ``SPACE LAUNCH SYSTEM''.
            (2) Conforming amendment.--The item relating to chapter 701 
        in the table of chapters of title 51, United States Code, is 
        amended by striking ``Space Shuttle'' and inserting ``Space 
        Launch System''.
    (b) Section 70101.--
            (1) Amendments.--Section 70101 of title 51, United States 
        Code, is amended--
                    (A) in the section heading, by striking ``space 
                shuttle'' and inserting ``Space Launch System''; and
                    (B) by striking ``space shuttle'' and inserting 
                ``Space Launch System''.
            (2) Conforming amendment.--The item relating section 70101 
        in the table of sections for chapter 701 of title 51, United 
        States Code is amended by striking ``space shuttle'' and 
        inserting ``Space Launch System''.
    (c) Section 70102.--
            (1) Amendments.--Section 70102 of title 51, United States 
        Code, is amended--
                    (A) in the section heading, by striking ``Space 
                shuttle'' and inserting ``Space Launch System'';
                    (B) in subsection (a)(1)(A), by striking ``space 
                shuttle'' both places it appears and inserting ``Space 
                Launch System'';
                    (C) in subsection (a)(1)(A)(i), by inserting 
                ``directly to cis-lunar space and the regions of space 
                beyond low-Earth orbit'' after ``human presence'';
                    (D) in subsection (a)(1)(B), by striking ``a 
                shuttle launch'' and inserting ``a launch of the Space 
                Launch System'';
                    (E) in subsection (a)(2), by striking ``a space 
                shuttle mission'' and inserting ``a mission of the 
                Space Launch System'';
                    (F) in subsection (b)--
                            (i) by striking ``space shuttle'' each 
                        place it appears and inserting ``Space Launch 
                        System''; and
                            (ii) by striking ``from the shuttle'' and 
                        inserting ``from the Space Launch System'';
                    (G) in subsection (c), by striking ``space 
                shuttle'' and inserting ``Space Launch System''; and
                    (H) by adding at the end the following new 
                subsection:
    ``(d) Definition.--In this section, the term `Space Launch System' 
means the Space Launch System authorized under section 302 of the 
National Aeronautics and Space Administration Authorization Act of 
2010.''.
            (2) Conforming amendment.--The item relating section 70102 
        in the table of sections for chapter 701 of title 51, United 
        States Code is amended by striking ``Space shuttle'' and 
        inserting ``Space Launch System''.
    (d) Section 70103.--
            (1) Amendments.--Section 70103 of title 51, United States 
        Code, is amended--
                    (A) in the section heading, by striking ``space 
                shuttle'' and inserting ``Space Launch System''; and
                    (B) by striking ``space shuttle'' each place it 
                appears and inserting ``Space Launch System''.
            (2) Conforming amendment.--The item relating section 70103 
        in the table of sections for chapter 701 of title 51, United 
        States Code is amended by striking ``space shuttle'' and 
        inserting ``Space Launch System''.

          TITLE II--SPACE RESOURCE EXPLORATION AND UTILIZATION

SEC. 201. SHORT TITLE.

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

SEC. 202. TITLE 51 AMENDMENT.

    (a) In General.--Subtitle V of title 51, United States Code, is 
amended by adding at the end the following new chapter:

       ``CHAPTER 513--SPACE RESOURCE EXPLORATION AND UTILIZATION

``Sec.
``51301. Definitions.
``51302. Commercialization of space resource exploration and 
                            utilization.
``51303. Legal framework.
``Sec. 51301. Definitions
    ``In this chapter:
            ``(1) Space resource.--The term `space resource' means a 
        natural resource of any kind found in situ in outer space.
            ``(2) Asteroid resource.--The term `asteroid resource' 
        means a space resource found on or within a single asteroid.
            ``(3) State.--The term `State' means any of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        commonwealth, territory, or possession of the United States.
            ``(4) United states commercial space resource utilization 
        entity.--The term `United States commercial space resource 
        utilization entity' means an entity providing space resource 
        exploration or utilization services, the control of which is 
        held by persons other than a Federal, State, local, or foreign 
        government, and that is--
                    ``(A) duly organized under the laws of a State;
                    ``(B) subject to the subject matter and personal 
                jurisdiction of the courts of the United States; or
                    ``(C) a foreign entity that has voluntarily 
                submitted to the subject matter and personal 
                jurisdiction of the courts of the United States.
``Sec. 51302. Commercialization of space resource exploration and 
              utilization
    ``(a) In General.--The President, acting through appropriate 
Federal agencies, shall--
            ``(1) facilitate the commercial exploration and utilization 
        of space resources to meet national needs;
            ``(2) discourage government barriers to the development of 
        economically viable, safe, and stable industries for the 
        exploration and utilization of space resources in manners 
        consistent with the existing international obligations of the 
        United States; and
            ``(3) promote the right of United States commercial 
        entities to explore outer space and utilize space resources, in 
        accordance with the existing international obligations of the 
        United States, free from harmful interference, and to transfer 
        or sell such resources.
    ``(b) Report Required.--Not later than 180 days after the date of 
the enactment of this section, the President shall submit to Congress a 
report that contains recommendations for--
            ``(1) the allocation of responsibilities relating to the 
        exploration and utilization of space resources among Federal 
        agencies; and
            ``(2) any authorities necessary to meet the international 
        obligations of the United States with respect to the 
        exploration and utilization of space resources.
``Sec. 51303. Legal framework
    ``(a) Property Rights.--Any asteroid resources obtained in outer 
space are the property of the entity that obtained such resources, 
which shall be entitled to all property rights thereto, consistent with 
applicable provisions of Federal law and existing international 
obligations.
    ``(b) Safety of Operations.--A United States commercial space 
resource utilization entity shall avoid causing harmful interference in 
outer space.
    ``(c) Civil Action for Relief From Harmful Interference.--A United 
States commercial space resource utilization entity may bring a civil 
action for appropriate legal or equitable relief, or both, under this 
chapter for any action by another entity subject to United States 
jurisdiction causing harmful interference to its operations with 
respect to an asteroid resource utilization activity in outer space.
    ``(d) Rule of Decision.--In a civil action brought pursuant to 
subsection (c) with respect to an asteroid resource utilization 
activity in outer space, a court shall enter judgment in favor of the 
plaintiff if the court finds--
            ``(1) the plaintiff--
                    ``(A) acted in accordance with all existing 
                international obligations of the United States; and
                    ``(B) was first in time to conduct the activity; 
                and
            ``(2) the activity is reasonable for the exploration and 
        utilization of asteroid resources.
    ``(e) Exclusive Jurisdiction.--The district courts of the United 
States shall have original jurisdiction over an action under this 
chapter without regard to the amount in controversy.''.
    (b) Clerical Amendment.--The table of chapters for title 51, United 
States Code, is amended by adding at the end of the items for subtitle 
V the following:

``513. Space resource exploration and utilization...........   51301''.

                  TITLE III--COMMERCIAL REMOTE SENSING

SEC. 301. ANNUAL REPORTING.

    (a) In General.--Subchapter III of chapter 601 of title 51, United 
States Code, is amended by adding at the end the following:
``Sec. 60126. Annual reporting
    ``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 Senate not later than 
180 days after the date of enactment of the SPACE Act of 2015 and 
annually thereafter on--
            ``(1) the Secretary's implementation of section 60121, 
        including--
                    ``(A) a list of all applications received in the 
                previous calendar year;
                    ``(B) a list of all applications approved;
                    ``(C) a list of all applications denied and an 
                explanation of why each application was denied, 
                including any information relevant to the interagency 
                adjudication process of a licensing request;
                    ``(D) a list of all applications that required 
                additional information; and
                    ``(E) a list of all applications whose disposition 
                exceeded the 120 day deadline established in section 
                60121(c), the total days overdue for applications that 
                exceeded such deadline, and an explanation for the 
                delay;
            ``(2) all notifications and information provided to the 
        Secretary pursuant to section 60122; and
            ``(3) all actions taken by the Secretary under the 
        administrative authority granted by section 60123(a)(4), (5), 
        and (6).
Such report may include classified annexes as necessary to protect the 
disclosure of sensitive or classified information.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 601 of such title is amended by inserting after the item 
relating to section 60125 the following new item:

``60126. Annual reporting.''.

SEC. 302. STATUTORY UPDATE REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary, in consultation with other appropriate Federal agencies and 
the National Oceanic and Atmospheric Administration's Advisory 
Committee on Commercial Remote Sensing, shall 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 
statutory updates necessary to protect national security, protect 
privacy (which is not to be taken as altering any condition or 
standards for licensing), protect the United States industrial base, 
and reflect the current state of the art of remote sensing systems, 
instruments, or technologies.

                   TITLE IV--OFFICE OF SPACE COMMERCE

SEC. 401. RENAMING OF OFFICE OF SPACE COMMERCIALIZATION.

    (a) Chapter Heading.--
            (1) Amendment.--The chapter heading for chapter 507 of 
        title 51, United States Code, is amended by striking 
        ``COMMERCIALIZATION'' and inserting ``Commerce''.
            (2) Conforming amendment.--The item relating to chapter 507 
        in the table chapters for title 51, United States Code, is 
        amended by striking ``Commercialization'' and inserting 
        ``Commerce''.
    (b) Definition of Office.-- Section 50701 of title 51, United 
States Code, is amended by striking ``Commercialization'' and inserting 
``Commerce''.
    (c) Renaming.--Section 50702(a) of title 51, United States Code, is 
amended by striking ``Commercialization'' and inserting ``Commerce''.

SEC. 402. FUNCTIONS OF THE OFFICE OF SPACE COMMERCE.

     Section 50702(c) of title 51, United States Code, is amended by 
striking ``Commerce.'' and inserting ``Commerce, including to--
            ``(1) foster the conditions for the economic growth and 
        technological advancement of the United States space commerce 
        industry;
            ``(2) coordinate space commerce policy issues and actions 
        within the Department of Commerce;
            ``(3) represent the Department of Commerce in the 
        development of United States policies and in negotiations with 
        foreign countries to promote United States space commerce;
            ``(4) promote the advancement of United States geospatial 
        technologies related to space commerce, in cooperation with 
        relevant interagency working groups; and
            ``(5) provide support to Federal Government organizations 
        working on Space-Based Positioning Navigation, and Timing 
        policy, including the National Coordination Office for Space-
        Based Position, Navigation, and Timing.''.

            Passed the House of Representatives May 21, 2015.

            Attest:

                                                                 Clerk.
114th CONGRESS

  1st Session

                               H. R. 2262

_______________________________________________________________________

                                 AN ACT

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