IIB 

114TH CONGRESS 

1ST SESSION H. R. 2262 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2015 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Spurring Private Aerospace Competitiveness and Entre4 preneurship Act of 2015’’ or the ‘‘SPACE Act of 2015’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 

7 TITLE I—COMMERCIAL SPACE 

8 LAUNCH 

9 SEC. 101. CONSENSUS STANDARDS. 

10 Section 50905(c) of title 51, United States Code, is 

11 amended— 


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1 (1) by striking paragraph (3); 

2 (2) by redesignating paragraph (4) as para3 graph (8); and 

4 (3) by inserting after paragraph (2) the fol5 lowing: 

6 ‘‘(3) INTERIM INDUSTRY VOLUNTARY CON7 SENSUS STANDARDS REPORT.—The Secretary, in 

8 consultation with the Commercial Space Transpor9 tation Advisory Committee, or its successor organi10 zation, shall provide a report to the Committee on 

11 Science, Space, and Technology of the House of 

12 Representatives and the Committee on Commerce, 

13 Science, and Transportation of the Senate on the 

14 progress of the commercial space transportation in15 dustry in developing voluntary consensus standards 

16 or any other construction that promotes best prac17 tices to improve the industry. Such report shall in18 clude, at a minimum— 

19 ‘‘(A) any voluntary industry consensus 

20 standards or any other construction that have 

21 been accepted by the industry at large; 

22 ‘‘(B) the identification of areas that have 

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1 tion that are currently under consideration by 

2 the industry at large; 

3 ‘‘(C) an assessment from the Secretary on 

4 the general progress of the industry in adopting 

5 voluntary consensus standards or any other 

6 construction; 

7 ‘‘(D) lessons learned about voluntary in8 dustry consensus standards or any other con9 struction, best practices, and commercial space 

10 launch operations; 

11 ‘‘(E) any lessons learned associated with 

12 the development, potential application, and ac13 ceptance of voluntary industry consensus stand14 ards or any other construction, best practices, 

15 and commercial space launch operations; and 

16 ‘‘(F) recommendations, findings, or obser17 vations from the Commercial Space Transpor18 tation Advisory Committee, or its successor or19 ganization, on the progress of the industry in 

20 developing industry consensus standards or any 

21 other construction. 

22 This report, with the appropriate updates in the in23 tervening periods, shall be transmitted to such com24 mittees no later than December 31, 2016, December 

25 31, 2018, December 31, 2020, and December 31, 


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1 2022. Each report shall describe and assess the 

2 progress achieved as of 6 months prior to the speci3 fied transmittal date. 

4 ‘‘(4) INTERIM REPORT ON KNOWLEDGE AND

5 OPERATIONAL EXPERIENCE.—The Secretary shall 

6 provide a report to the Committee on Science, 

7 Space, and Technology of the House of Representa8 tives and the Committee on Commerce, Science, and 

9 Transportation of the of the Senate on the status of 

10 the knowledge and operational experience acquired 

11 by the industry while providing flight services for 

12 compensation or hire to support the development of 

13 a safety framework. Interim reports shall by trans14 mitted to such committees no later than December 

15 31, 2018, December 31, 2020, and December 31, 

16 2022. Each report shall describe and assess the 

17 progress achieved as of 6 months prior to the speci18 fied transmittal date. 

19 ‘‘(5) INDEPENDENT REVIEW.—No later than 

20 December 31, 2023, an independent, private systems 

21 engineering and technical assistance organization or 

22 standards development organization contracted by 

23 the Secretary shall provide to the Committee on 

24 Science, Space, and Technology of the House of 

25 Representatives and the Committee on Commerce, 


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1 Science, and Transportation of the Senate an assess2 ment of the readiness of the commercial space indus3 try and the Federal Government to transition to a 

4 safety framework that may include regulations. As 

5 part of the review, the contracted organization shall 

6 evaluate— 

7 ‘‘(A) the progress of the commercial space 

8 industry in adopting industry voluntary stand9 ards or any other construction as reported by 

10 the Secretary in the interim assessments in11 cluded in reports provided under paragraph (3); 

12 and 

13 ‘‘(B) the knowledge and operational experi14 ence obtained by the commercial space industry 

15 while providing services for compensation or 

16 hire as reported by the Secretary in the interim 

17 knowledge and operational reports provided 

18 under paragraph (4). 

19 ‘‘(6) LEARNING PERIOD.—Beginning on De20 cember 31, 2025, the Secretary may propose regula21 tions under this subsection without regard to para22 graph (2)(C) and (D). The development of any such 

23 regulations shall take into consideration the evolving 

24 standards of the commercial space flight industry as 


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1 identified through the reports published under para2 graphs (3) and (4). 

3 ‘‘(7) COMMUNICATION AND TRANSPARENCY.— 

4 Nothing in this subsection shall be construed to limit 

5 the authority of the Secretary of Transportation to 

6 discuss potential approaches, potential performance 

7 standards, or any other topic related to this sub8 section with the commercial space industry including 

9 observations, findings, and recommendations from 

10 the Commercial Space Transportation Advisory 

11 Committee, or its successor organization, prior to 

12 the issuance of a notice of proposed rulemaking. 

13 Such discussions shall not be construed to permit 

14 the Secretary to promulgate industry regulations ex15 cept as otherwise provided in this section.’’. 

16 SEC. 102. INTERNATIONAL LAUNCH COMPETITIVENESS. 

17 (a) PURPOSE.—The purpose of this section is to pro18 vide for updating the methodology used to calculate the 

19 maximum probable loss from claims under section 50914 

20 of title 51, United States Code, with a validated risk pro21 file approach to provide reasonable maximum probable 

22 loss values associated with potential third party losses 

23 from commercially licensed launches. An appropriately up24 dated methodology will help ensure that the Federal Gov25 ernment is not exposed to greater financial risks than inVerDate Sep 11 2014 05:11 May 23, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.RFS H2262

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1 tended and that launch companies are not required to pur2 chase more insurance coverage than necessary. 

3 (b) MAXIMUM PROBABLE LOSS PLAN.—Not later 

4 than 180 days after the date of enactment of this Act, 

5 the Secretary of Transportation shall provide to the Com6 mittee on Science, Space, and Technology of the House 

7 of Representatives and the Committee on Commerce, 

8 Science, and Transportation of the Senate a plan to up9 date the methodology used to calculate maximum probable 

10 loss from claims under section 50914 of title 51, United 

11 States Code, through the use of a validated risk profile 

12 approach. Such plan shall include, at a minimum— 

13 (1) an evaluation of the reasonableness of the 

14 current single casualty estimate and, if needed, the 

15 steps the Secretary will take to update such esti16 mate; 

17 (2) an evaluation, in consultation with the Ad18 ministrator of the National Aeronautics and Space 

19 Administration and the heads of other relevant exec20 utive agencies, of the reasonableness of the dollar 

21 value of the insurance requirement required by the 

22 Secretary for launch providers to cover damage to 

23 Government property resulting from a commercially 

24 licensed space launch activity, and recommendations 

25 as to a reasonable calculation if, as determined by 


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1 the Secretary, the current statutory threshold is in2 sufficient; 

3 (3) a schedule of when updates to the method4 ology and calculations for the totality of the Max5 imum Probable Loss will be implemented, and a de6 tailed explanation of any changes to the current cal7 culation; and 

8 (4) consideration of the impact of the cost of its 

9 implementation on the licensing process, both in 

10 terms of the cost to industry of collecting and pro11 viding the requisite data and cost to the Government 

12 of analyzing the data. 

13 (c) INDEPENDENT ASSESSMENT.—Not later than 

14 270 days after transmittal of the plan under subsection 

15 (b), the Comptroller General shall provide to the Com16 mittee on Science, Space, and Technology of the House 

17 of Representatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate an assessment 

19 of— 

20 (1) the conclusions and analysis provided by the 

21 Secretary of Transportation in the plan required 

22 under subsection (b); 

23 (2) the implementation schedule proposed by 

24 the Secretary in such plan; 


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1 (3) the suitability of the plan for implementa2 tion; and 

3 (4) any further actions needed to implement the 

4 plan or otherwise accomplish the purpose of this sec5 tion. 

6 (d) LAUNCH LIABILITY EXTENSION.—Section 

7 50915(f) of title 51, United States Code, is amended by 

8 striking ‘‘December 31, 2016’’ and inserting ‘‘December 

9 31, 2025’’. 

10 SEC. 103. LAUNCH LICENSE FLEXIBILITY. 

11 Section 50906 of title 51, United States Code, is 

12 amended— 

13 (1) in subsection (d), by striking ‘‘that will be 

14 launched or reentered’’ and inserting ‘‘or reusable 

15 launch vehicles that will be launched into a sub16 orbital trajectory or reentered under that permit’’; 

17 (2) by amending subsection (d)(1) to read as 

18 follows: 

19 ‘‘(1) research and development to test design 

20 concepts, equipment, or operating techniques;’’; 

21 (3) in subsection (d)(3)— 

22 (A) by striking ‘‘prior to obtaining a li23 cense’’; and 

24 (B) by inserting ‘‘or vehicle’’ after ‘‘design 

25 of the rocket’’; 


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1 (4) in subsection (e)(1), by striking ‘‘suborbital 

2 rocket design’’ and inserting ‘‘suborbital rocket or 

3 rocket design, or for a particular reusable launch ve4 hicle or reusable launch vehicle design,’’; 

5 (5) in subsection (e)(2), by inserting ‘‘or launch 

6 vehicle’’ after ‘‘the suborbital rocket’’; 

7 (6) by amending subsection (g) to read as fol8 lows: 

9 ‘‘(g) The Secretary may issue a permit under this sec10 tion notwithstanding any license issued under this chapter. 

11 The issuance of a license under this chapter shall not in12 validate a permit under this section.’’; and 

13 (7) in subsection (h), by inserting ‘‘or reusable 

14 launch vehicle’’ after ‘‘suborbital rocket’’. 

15 SEC. 104. GOVERNMENT ASTRONAUTS. 

16 (a) DEFINITIONS.—Section 50902 of title 51, United 

17 States Code, is amended— 

18 (1) by redesignating paragraphs (4) through 

19 (22) as paragraphs (5) through (23), respectively; 

20 (2) by inserting after paragraph (3) the fol21 lowing new paragraph: 

22 ‘‘(4) ‘government astronaut’ means an indi23 vidual designated as such by the Administrator of 

24 the National Aeronautics and Space Administration, 


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1 pursuant requirements established by the Adminis2 trator, who— 

3 ‘‘(A) is an employee of— 

4 ‘‘(i) the United States Government, 

5 including the United States Armed Forces; 

6 or 

7 ‘‘(ii) a foreign government that is a 

8 party to the Intergovernmental Agreement 

9 Among the Government of Canada, Gov10 ernments of Member States of the Euro11 pean Space Agency, the Government of 

12 Japan, the Government of the Russian 

13 Federation, and the Government of the 

14 United States of America Concerning Co15 operation on the Civil International Space 

16 Station, signed on January 29, 1998; and 

17 ‘‘(B) is carried within a launch vehicle or 

18 reentry vehicle in the course of his or her em19 ployment, which may include performance of ac20 tivities directly relating to the launch, reentry, 

21 or other operation of the launch vehicle or re22 entry vehicle.’’; 

23 (3) in paragraph (5), as so redesignated by 

24 paragraph (1) of this subsection, by inserting ‘‘gov25 ernment astronaut,’’ after ‘‘crew,’’; 


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1 (4) in paragraph (7)(A), as so redesignated by 

2 paragraph (1) of this subsection, by inserting ‘‘gov3 ernment astronaut,’’ after ‘‘(including crew train4 ing),’’; 

5 (5) in paragraph (14), as so redesignated by 

6 paragraph (1) of this subsection, by inserting ‘‘gov7 ernment astronauts,’’ after ‘‘crew,’’; 

8 (6) in paragraph (15)(A), as so redesignated by 

9 paragraph (1) of this subsection, by inserting ‘‘gov10 ernment astronaut,’’ after ‘‘(including crew train11 ing),’’; 

12 (7) by amending paragraph (18), as so redesig13 nated by paragraph (1) of this subsection, to read 

14 as follows: 

15 ‘‘(18) ‘space flight participant’ means an indi16 vidual, who is not crew or a government astronaut, 

17 carried within a launch vehicle or reentry vehicle.’’; 

18 and 

19 (8) in paragraph (22)(E), as so redesignated by 

20 paragraph (1) of this subsection, by inserting ‘‘, gov21 ernment astronauts,’’ after ‘‘crew’’. 

22 (b) RESTRICTIONS ON LAUNCHES, OPERATIONS, AND

23 REENTRIES; SINGLE LICENSE OR PERMIT.—Section 

24 50904(d) of title 51, United States Code, is amended by 

25 inserting ‘‘, government astronauts,’’ after ‘‘crew’’. 


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1 (c) LICENSE APPLICATIONS AND REQUIREMENTS; 

2 APPLICATIONS.—Section 50905 of title 51, United States 

3 Code, is amended— 

4 (1) in subsection (a)(2), by striking ‘‘crews and 

5 space flight participants’’ and inserting ‘‘crew, gov6 ernment astronauts, and space flight participants’’; 

7 (2) in subsection (b)(2)(D), by inserting ‘‘, gov8 ernment astronauts,’’ after ‘‘crew’’; and 

9 (3) in subsection (c)— 

10 (A) in paragraph (1), by inserting ‘‘, gov11 ernment astronauts,’’ after ‘‘crew’’; and 

12 (B) in paragraph (2), by striking ‘‘to crew 

13 or space flight participants’’ each place it ap14 pears and inserting ‘‘to crew, government astro15 nauts, or space flight participants’’. 

16 (d) MONITORING ACTIVITIES.—Section 50907(a) of 

17 title 51, United States Code, is amended by striking ‘‘crew 

18 or space flight participant training’’ and inserting ‘‘crew, 

19 government astronaut, or space flight participant train20 ing’’. 

21 (e) ADDITIONAL SUSPENSIONS.—Section 

22 50908(d)(1) of title 51, United States Code, is amended 

23 by striking ‘‘to crew or space flight participants’’ each 

24 place it appears and inserting ‘‘to crew, government astro25 nauts, or space flight participants’’. 


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1 SEC. 105. INDEMNIFICATION FOR SPACE FLIGHT PARTICI2 PANTS. 

3 Chapter 509 of title 51, United States Code, is 

4 amended— 

5 (1) in section 50914(a)(4), by adding at the 

6 end the following: 

7 ‘‘(E) space flight participants.’’; and 

8 (2) in section 50915(a)(1)— 

9 (A) by striking ‘‘or a contractor’’ and in10 serting ‘‘a contractor’’; and 

11 (B) by striking ‘‘but not against’’ and in12 serting ‘‘or’’. 

13 SEC. 106. INDEPENDENT STUDY OF INDEMNIFICATION FOR 

14 SPACE FLIGHT PARTICIPANTS. 

15 Not later than 1 year after the date of enactment 

16 of this Act, the Comptroller General shall provide to the 

17 Committee on Science, Space, and Technology of the 

18 House of Representatives and the Committee on Com19 merce, Science, and Transportation of the Senate a report 

20 detailing the results of a study of the issues associated 

21 with space flight participants and potential third party 

22 claims that could arise from a potential accident of a com23 mercial licensed launch vehicle or reentry vehicle that is 

24 carrying space flight participants. The study shall— 

25 (1) identify the issues associated with space 

26 flight participants and third party liability; 


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1 (2) identify options for addressing the issues; 

2 (3) identify any potential unintended con3 sequences and issues associated with each of the op4 tions; and 

5 (4) identify any potential costs to the Federal 

6 Government for each of the options. 

7 SEC. 107. FEDERAL JURISDICTION. 

8 Section 50914 of title 51, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(g) FEDERAL JURISDICTION.—Any action or tort 

11 arising from a licensed launch or reentry shall be the sole 

12 jurisdiction of the Federal courts.’’. 

13 SEC. 108. CROSS-WAIVERS. 

14 Section 50914(b)(1) of title 51, United States Code, 

15 is amended to read as follows: ‘‘(1) A launch or reentry 

16 license issued or transferred under this chapter shall con17 tain a provision requiring the licensee or transferee to 

18 make a reciprocal waiver of claims with its contractors, 

19 subcontractors, and customers, the contractors and sub20 contractors of the customers, and any space flight partici21 pants, involved in launch services or reentry services or 

22 participating in a flight under which each party to the 

23 waiver agrees to be responsible for property damage or 

24 loss it or they sustain, or for personal injury to, death 

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1 ployees resulting from an activity carried out under the 

2 applicable license.’’. 

3 SEC. 109. ORBITAL TRAFFIC MANAGEMENT. 

4 (a) SENSE OF CONGRESS.—It is the sense of the Con5 gress that, as none currently exists, there may be a need 

6 for a framework that addresses space traffic management 

7 of United States Government assets and United States 

8 private sector assets to minimize the proliferation of debris 

9 and decrease the congestion of the orbital environment. 

10 (b) STUDY REQUIRED.—Not later than 90 days after 

11 the date of enactment of this Act, the Administrator of 

12 the National Aeronautics and Space Administration, in 

13 consultation with the Federal Aviation Administration, the 

14 Federal Communications Commission, the National Oce15 anic and Atmospheric Administration, and the Depart16 ment of Defense, shall enter into an arrangement with an 

17 independent, nonprofit, private systems engineering and 

18 technical assistance organization to study frameworks for 

19 the management of space traffic and orbital activities. The 

20 study shall include the following: 

21 (1) An assessment of current regulations, Gov22 ernment best practices, and industry standards that 

23 apply to space traffic management and orbital debris 

24 mitigation. 


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1 (2) An assessment of current statutory author2 ity granted to the Federal Communications Commis3 sion, the Federal Aviation Administration, and the 

4 National Oceanic and Atmospheric Administration 

5 and how those agencies utilize and coordinate those 

6 authorities. 

7 (3) A review of all space traffic management 

8 and orbital debris requirements under treaties and 

9 other international agreements to which the United 

10 States is a signatory, and other nonbinding inter11 national arrangements in which the United States 

12 participates, and the manner in which the Federal 

13 Government complies with those requirements. 

14 (4) An assessment of existing Federal Govern15 ment assets used to conduct space traffic manage16 ment and space situational awareness. 

17 (5) An assessment of the risk associated with 

18 smallsats as well as any necessary Government co19 ordination for their launch and utilization. 

20 (6) An assessment of existing private sector in21 formation sharing activities associated with space 

22 situational awareness and space traffic management. 

23 (7) Recommendations related to the framework 

24 for the protection of the health, safety, and welfare 


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1 of the public and economic vitality of the space in2 dustry. 

3 (c) REPORT TO CONGRESS.—Not later than 1 year 

4 after the date of enactment of this Act, the Administrator 

5 shall provide to the Committee on Science, Space, and 

6 Technology of the House of Representatives and the Com7 mittee on Commerce, Science, and Transportation of the 

8 Senate the report required in subsection (b). 

9 (d) DEPARTMENT OF DEFENSE AUTHORITIES.— 

10 Congress recognizes the vital and unique role played by 

11 the Department of Defense in protecting national security 

12 assets in space. Nothing in this section shall be construed 

13 to amend authorities granted to the Department of De14 fense to safeguard the national security. 

15 SEC. 110. STATE COMMERCIAL LAUNCH FACILITIES. 

16 (a) SENSE OF CONGRESS.—It is the Sense of Con17 gress that State involvement, development, ownership, and 

18 operation of launch facilities can help enable growth of 

19 the Nation’s commercial suborbital and orbital space en20 deavors and support both commercial and Government 

21 space programs. It is further the sense of Congress that 

22 State launch facilities and the people and property within 

23 the affected launch areas of those State facilities are sub24 ject to risks if the commercial launch vehicle fails or expe25 riences an anomaly. To ensure the success of the commerVerDate Sep 11 2014 05:11 May 23, 2015 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.RFS H2262

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1 cial launch industry and the safety of the people and prop2 erty in the affected launch areas, it is the further sense 

3 of Congress that States and State launch facilities should 

4 seek to take proper measures to secure their investments 

5 and the safety of third parties from potential damages 

6 that could be suffered from commercial launch activities. 

7 (b) REPORT REQUIRED.—Not later than 1 year after 

8 the date of enactment of this Act, the Comptroller General 

9 shall submit to the Committee on Science, Space, and 

10 Technology of the House of Representatives and the Com11 mittee on Commerce, Science, and Transportation of the 

12 Senate a report on the potential inclusion of all govern13 ment property, including State and municipal property, in 

14 the existing indemnification regime established under sec15 tion 50914 of title 51, United States Code. 

16 SEC. 111. SPACE SUPPORT VEHICLES STUDY. 

17 Not less than 1 year after the date of enactment of 

18 this Act, the Comptroller General shall submit to the Com19 mittee on Science, Space, and Technology of the House 

20 of Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate, a report on 

22 the use of space support vehicle services in the commercial 

23 space industry. This report shall include— 

24 (1) the extent to which launch providers rely on 

25 such services as part of their business models; 


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1 (2) the statutory, regulatory, and market bar2 riers to the use of such services; and 

3 (3) recommendations for legislative or regu4 latory action that may be needed to ensure reduced 

5 barriers to the use of such services if such use is a 

6 requirement of the industry. 

7 SEC. 112. STREAMLINE COMMERCIAL SPACE LAUNCH AC8 TIVITIES. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that eliminating duplicative requirements and ap11 provals for commercial launch and reentry operations will 

12 promote and encourage the development of the commercial 

13 space sector. 

14 (b) REAFFIRMATION OF POLICY.—Congress reaf15 firms that the Secretary of Transportation, in overseeing 

16 and coordinating commercial launch and reentry oper17 ations, should— 

18 (1) promote commercial space launches and re19 entries by the private sector; 

20 (2) facilitate Government, State, and private 

21 sector involvement in enhancing U.S. launch sites 

22 and facilities; 

23 (3) protect public health and safety, safety of 

24 property, national security interests, and foreign pol25 icy interests of the United States; and 


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1 (4) consult with the head of another executive 

2 agency, including the Secretary of Defense or the 

3 Administrator of the National Aeronautics and 

4 Space Administration, as necessary to provide con5 sistent application of licensing requirements under 

6 chapter 509 of title 51, United States Code. 

7 (c) REQUIREMENTS.— 

8 (1) IN GENERAL.—The Secretary of Transpor9 tation under section 50918 of title 51, United States 

10 Code, and subject to section 50905(b)(2)(C) of that 

11 title, shall consult with the Secretary of Defense, the 

12 Administrator of the National Aeronautics and 

13 Space Administration, and the heads of other execu14 tive agencies, as appropriate— 

15 (A) to identify all requirements that are 

16 imposed to protect the public health and safety, 

17 safety of property, national security interests, 

18 and foreign policy interests of the United States 

19 relevant to any commercial launch of a launch 

20 vehicle or commercial reentry of a reentry vehi21 cle; and 

22 (B) to evaluate the requirements identified 

23 in subparagraph (A) and, in coordination with 

24 the licensee or transferee and the heads of the 

25 relevant executive agencies— 


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1 (i) determine whether the satisfaction 

2 of a requirement of one agency could result 

3 in the satisfaction of a requirement of an4 other agency; and 

5 (ii) resolve any inconsistencies and re6 move any outmoded or duplicative require7 ments or approvals of the Federal Govern8 ment relevant to any commercial launch of 

9 a launch vehicle or commercial reentry of 

10 a reentry vehicle. 

11 (2) REPORTS.—Not later than 180 days after 

12 the date of enactment of this Act, and annually 

13 thereafter until the Secretary of Transportation de14 termines no outmoded or duplicative requirements or 

15 approvals of the Federal Government exist, the Sec16 retary of Transportation, in consultation with the 

17 Secretary of Defense, the Administrator of the Na18 tional Aeronautics and Space Administration, the 

19 commercial space sector, and the heads of other ex20 ecutive agencies, as appropriate, shall submit to the 

21 Committee on Commerce, Science, and Transpor22 tation of the Senate, the Committee on Science, 

23 Space, and Technology of the House of Representa24 tives, and the congressional defense committees a re25 port that includes the following: 


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1 (A) A description of the process for the ap2 plication for and approval of a permit or license 

3 under chapter 509 of title 51, United States 

4 Code, for the commercial launch of a launch ve5 hicle or commercial reentry of a reentry vehicle, 

6 including the identification of— 

7 (i) any unique requirements for oper8 ating on a United States Government 

9 launch site, reentry site, or launch prop10 erty; and 

11 (ii) any inconsistent, outmoded, or du12 plicative requirements or approvals. 

13 (B) A description of current efforts, if any, 

14 to coordinate and work across executive agen15 cies to define interagency processes and proce16 dures for sharing information, avoiding duplica17 tion of effort, and resolving common agency re18 quirements. 

19 (C) Recommendations for legislation that 

20 may further— 

21 (i) streamline requirements in order 

22 to improve efficiency, reduce unnecessary 

23 costs, resolve inconsistencies, remove dupli24 cation, and minimize unwarranted con25 straints; 


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1 (ii) consolidate or modify require2 ments across affected agencies into a sin3 gle application set that satisfies the re4 quirements identified in paragraph (1)(A); 

5 (iii) facilitate outreach to minority6 and women-owned businesses on business 

7 opportunities in the commercial space in8 dustry; and 

9 (iv) facilitate the participation of the 

10 Emerging Researchers National Con11 ference in STEM, American Association 

12 for the Advancement of Science, Louis 

13 Stokes Alliances for Minority Participation 

14 Program (LAMP), Historically Black Col15 leges and Universities Undergraduate Pro16 gram (HBCU–UP) of the National Science 

17 Foundation, Emerging Researchers Na18 tional Conference in Science, Technology, 

19 Engineering and Mathematics, the Univer20 sity of Florida’s Institute for African21 American Mentoring in Computing 

22 Sciences, the Hispanic Association of Col23 leges and Universities, the National Indian 

24 Education Association, and other institu25 tions, organizations, or associations as the 


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1 Secretary of Transportation determines to 

2 be useful in investigating the feasibility of 

3 developing programs for fellowships, work4 study, and employment opportunities for 

5 undergraduate and graduate students. 

6 (3) DEFINITIONS.—For purposes of this sub7 section— 

8 (A) any applicable definitions set forth in 

9 section 50902 of title 51, United States Code, 

10 shall apply; 

11 (B) the terms ‘‘launch’’, ‘‘reenter’’, and 

12 ‘‘reentry’’ include landing of a launch vehicle or 

13 reentry vehicle; and 

14 (C) the terms ‘‘United States Government 

15 launch site’’ and ‘‘United States Government 

16 reentry site’’ include any necessary facility, at 

17 that location, that is commercially operated on 

18 United States Government property. 

19 SEC. 113. SPACE LAUNCH SYSTEM UPDATE. 

20 (a) CHAPTER 701.— 

21 (1) AMENDMENT.—The chapter heading of 

22 chapter 701 of title 51, United States Code, is 

23 amended by striking ‘‘SPACE SHUTTLE’’ and 

24 inserting ‘‘SPACE LAUNCH SYSTEM’’. 


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1 (2) CONFORMING AMENDMENT.—The item re2 lating to chapter 701 in the table of chapters of title 

3 51, United States Code, is amended by striking 

4 ‘‘Space Shuttle’’ and inserting ‘‘Space Launch Sys5 tem’’. 

6 (b) SECTION 70101.— 

7 (1) AMENDMENTS.—Section 70101 of title 51, 

8 United States Code, is amended— 

9 (A) in the section heading, by striking 

10 ‘‘space shuttle’’ and inserting ‘‘Space 

11 Launch System’’; and 

12 (B) by striking ‘‘space shuttle’’ and insert13 ing ‘‘Space Launch System’’. 

14 (2) CONFORMING AMENDMENT.—The item re15 lating section 70101 in the table of sections for 

16 chapter 701 of title 51, United States Code is 

17 amended by striking ‘‘space shuttle’’ and inserting 

18 ‘‘Space Launch System’’. 

19 (c) SECTION 70102.— 

20 (1) AMENDMENTS.—Section 70102 of title 51, 

21 United States Code, is amended— 

22 (A) in the section heading, by striking 

23 ‘‘Space shuttle’’ and inserting ‘‘Space 

24 Launch System’’; 


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1 (B) in subsection (a)(1)(A), by striking 

2 ‘‘space shuttle’’ both places it appears and in3 serting ‘‘Space Launch System’’; 

4 (C) in subsection (a)(1)(A)(i), by inserting 

5 ‘‘directly to cis-lunar space and the regions of 

6 space beyond low-Earth orbit’’ after ‘‘human 

7 presence’’; 

8 (D) in subsection (a)(1)(B), by striking ‘‘a 

9 shuttle launch’’ and inserting ‘‘a launch of the 

10 Space Launch System’’; 

11 (E) in subsection (a)(2), by striking ‘‘a 

12 space shuttle mission’’ and inserting ‘‘a mission 

13 of the Space Launch System’’; 

14 (F) in subsection (b)— 

15 (i) by striking ‘‘space shuttle’’ each 

16 place it appears and inserting ‘‘Space 

17 Launch System’’; and 

18 (ii) by striking ‘‘from the shuttle’’ and 

19 inserting ‘‘from the Space Launch Sys20 tem’’; 

21 (G) in subsection (c), by striking ‘‘space 

22 shuttle’’ and inserting ‘‘Space Launch System’’; 

23 and 

24 (H) by adding at the end the following new 

25 subsection: 


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1 ‘‘(d) DEFINITION.—In this section, the term ‘Space 

2 Launch System’ means the Space Launch System author3 ized under section 302 of the National Aeronautics and 

4 Space Administration Authorization Act of 2010.’’. 

5 (2) CONFORMING AMENDMENT.—The item re6 lating section 70102 in the table of sections for 

7 chapter 701 of title 51, United States Code is 

8 amended by striking ‘‘Space shuttle’’ and inserting 

9 ‘‘Space Launch System’’. 

10 (d) SECTION 70103.— 

11 (1) AMENDMENTS.—Section 70103 of title 51, 

12 United States Code, is amended— 

13 (A) in the section heading, by striking 

14 ‘‘space shuttle’’ and inserting ‘‘Space 

15 Launch System’’; and 

16 (B) by striking ‘‘space shuttle’’ each place 

17 it appears and inserting ‘‘Space Launch Sys18 tem’’. 

19 (2) CONFORMING AMENDMENT.—The item re20 lating section 70103 in the table of sections for 

21 chapter 701 of title 51, United States Code is 

22 amended by striking ‘‘space shuttle’’ and inserting 

23 ‘‘Space Launch System’’. 


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1 TITLE II—SPACE RESOURCE EX2 PLORATION AND UTILIZA3 TION 

4 SEC. 201. SHORT TITLE. 

5 This title may be cited as the ‘‘Space Resource Explo6 ration and Utilization Act of 2015’’. 

7 SEC. 202. TITLE 51 AMENDMENT. 

8 (a) IN GENERAL.—Subtitle V of title 51, United 

9 States Code, is amended by adding at the end the fol10 lowing new chapter: 

11 ‘‘CHAPTER 513—SPACE RESOURCE 

12 EXPLORATION AND UTILIZATION 

‘‘Sec. 

‘‘51301. Definitions. 

‘‘51302. Commercialization of space resource exploration and utilization. 

‘‘51303. Legal framework. 

13 ‘‘§ 51301. Definitions 

14 ‘‘In this chapter: 

15 ‘‘(1) SPACE RESOURCE.—The term ‘space re16 source’ means a natural resource of any kind found 

17 in situ in outer space. 

18 ‘‘(2) ASTEROID RESOURCE.—The term ‘asteroid 

19 resource’ means a space resource found on or within 

20 a single asteroid. 

21 ‘‘(3) STATE.—The term ‘State’ means any of 

22 the several States, the District of Columbia, the 

23 Commonwealth of Puerto Rico, the Virgin Islands, 


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1 Guam, American Samoa, the Commonwealth of the 

2 Northern Mariana Islands, and any other common3 wealth, territory, or possession of the United States. 

4 ‘‘(4) UNITED STATES COMMERCIAL SPACE RE5 SOURCE UTILIZATION ENTITY.—The term ‘United 

6 States commercial space resource utilization entity’ 

7 means an entity providing space resource exploration 

8 or utilization services, the control of which is held by 

9 persons other than a Federal, State, local, or foreign 

10 government, and that is— 

11 ‘‘(A) duly organized under the laws of a 

12 State; 

13 ‘‘(B) subject to the subject matter and per14 sonal jurisdiction of the courts of the United 

15 States; or 

16 ‘‘(C) a foreign entity that has voluntarily 

17 submitted to the subject matter and personal 

18 jurisdiction of the courts of the United States. 

19 ‘‘§ 51302. Commercialization of space resource explo20 ration and utilization 

21 ‘‘(a) IN GENERAL.—The President, acting through 

22 appropriate Federal agencies, shall— 

23 ‘‘(1) facilitate the commercial exploration and 

24 utilization of space resources to meet national needs; 


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1 ‘‘(2) discourage government barriers to the de2 velopment of economically viable, safe, and stable in3 dustries for the exploration and utilization of space 

4 resources in manners consistent with the existing 

5 international obligations of the United States; and 

6 ‘‘(3) promote the right of United States com7 mercial entities to explore outer space and utilize 

8 space resources, in accordance with the existing 

9 international obligations of the United States, free 

10 from harmful interference, and to transfer or sell 

11 such resources. 

12 ‘‘(b) REPORT REQUIRED.—Not later than 180 days 

13 after the date of the enactment of this section, the Presi14 dent shall submit to Congress a report that contains rec15 ommendations for— 

16 ‘‘(1) the allocation of responsibilities relating to 

17 the exploration and utilization of space resources 

18 among Federal agencies; and 

19 ‘‘(2) any authorities necessary to meet the 

20 international obligations of the United States with 

21 respect to the exploration and utilization of space re22 sources. 

23 ‘‘§ 51303. Legal framework 

24 ‘‘(a) PROPERTY RIGHTS.—Any asteroid resources ob25 tained in outer space are the property of the entity that 


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1 obtained such resources, which shall be entitled to all 

2 property rights thereto, consistent with applicable provi3 sions of Federal law and existing international obligations. 

4 ‘‘(b) SAFETY OF OPERATIONS.—A United States 

5 commercial space resource utilization entity shall avoid 

6 causing harmful interference in outer space. 

7 ‘‘(c) CIVIL ACTION FOR RELIEF FROM HARMFUL IN8 TERFERENCE.—A United States commercial space re9 source utilization entity may bring a civil action for appro10 priate legal or equitable relief, or both, under this chapter 

11 for any action by another entity subject to United States 

12 jurisdiction causing harmful interference to its operations 

13 with respect to an asteroid resource utilization activity in 

14 outer space. 

15 ‘‘(d) RULE OF DECISION.—In a civil action brought 

16 pursuant to subsection (c) with respect to an asteroid re17 source utilization activity in outer space, a court shall 

18 enter judgment in favor of the plaintiff if the court finds— 

19 ‘‘(1) the plaintiff— 

20 ‘‘(A) acted in accordance with all existing 

21 international obligations of the United States; 

22 and 

23 ‘‘(B) was first in time to conduct the activ24 ity; and 


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1 ‘‘(2) the activity is reasonable for the explo2 ration and utilization of asteroid resources. 

3 ‘‘(e) EXCLUSIVE JURISDICTION.—The district courts 

4 of the United States shall have original jurisdiction over 

5 an action under this chapter without regard to the amount 

6 in controversy.’’. 

7 (b) CLERICAL AMENDMENT.—The table of chapters 

8 for title 51, United States Code, is amended by adding 

9 at the end of the items for subtitle V the following: 

‘‘513. Space resource exploration and utilization ................51301’’. 

10 TITLE III—COMMERCIAL 

11 REMOTE SENSING 

12 SEC. 301. ANNUAL REPORTING. 

13 (a) IN GENERAL.—Subchapter III of chapter 601 of 

14 title 51, United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘§ 60126. Annual reporting 

17 ‘‘The Secretary shall provide a report to the Com18 mittee on Science, Space, and Technology of the House 

19 of Representatives and the Committee on Commerce, 

20 Science, and Transportation of the Senate not later than 

21 180 days after the date of enactment of the SPACE Act 

22 of 2015 and annually thereafter on— 

23 ‘‘(1) the Secretary’s implementation of section 

24 60121, including— 


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1 ‘‘(A) a list of all applications received in 

2 the previous calendar year; 

3 ‘‘(B) a list of all applications approved; 

4 ‘‘(C) a list of all applications denied and 

5 an explanation of why each application was de6 nied, including any information relevant to the 

7 interagency adjudication process of a licensing 

8 request; 

9 ‘‘(D) a list of all applications that required 

10 additional information; and 

11 ‘‘(E) a list of all applications whose dis12 position exceeded the 120 day deadline estab13 lished in section 60121(c), the total days over14 due for applications that exceeded such dead15 line, and an explanation for the delay; 

16 ‘‘(2) all notifications and information provided 

17 to the Secretary pursuant to section 60122; and 

18 ‘‘(3) all actions taken by the Secretary under 

19 the administrative authority granted by section 

20 60123(a)(4), (5), and (6). 

21 Such report may include classified annexes as necessary 

22 to protect the disclosure of sensitive or classified informa23 tion.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of chapter 601 of such title is amended 


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1 by inserting after the item relating to section 60125 the 

2 following new item: 

‘‘60126. Annual reporting.’’. 

3 SEC. 302. STATUTORY UPDATE REPORT. 

4 Not later than 1 year after the date of enactment 

5 of this Act, the Secretary, in consultation with other ap6 propriate Federal agencies and the National Oceanic and 

7 Atmospheric Administration’s Advisory Committee on 

8 Commercial Remote Sensing, shall report to the Com9 mittee on Science, Space, and Technology of the House 

10 of Representatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate on statutory 

12 updates necessary to protect national security, protect pri13 vacy (which is not to be taken as altering any condition 

14 or standards for licensing), protect the United States in15 dustrial base, and reflect the current state of the art of 

16 remote sensing systems, instruments, or technologies. 

17 TITLE IV—OFFICE OF SPACE 

18 COMMERCE 

19 SEC. 401. RENAMING OF OFFICE OF SPACE COMMER20 CIALIZATION. 

21 (a) CHAPTER HEADING.— 

22 (1) AMENDMENT.—The chapter heading for 

23 chapter 507 of title 51, United States Code, is 

24 amended by striking ‘‘COMMERCIALIZA25 TION’’ and inserting ‘‘Commerce’’. 


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1 (2) CONFORMING AMENDMENT.—The item re2 lating to chapter 507 in the table chapters for title 

3 51, United States Code, is amended by striking 

4 ‘‘Commercialization’’ and inserting ‘‘Commerce’’. 

5 (b) DEFINITION OF OFFICE.— Section 50701 of title 

6 51, United States Code, is amended by striking ‘‘Commer7 cialization’’ and inserting ‘‘Commerce’’. 

8 (c) RENAMING.—Section 50702(a) of title 51, United 

9 States Code, is amended by striking ‘‘Commercialization’’ 

10 and inserting ‘‘Commerce’’. 

11 SEC. 402. FUNCTIONS OF THE OFFICE OF SPACE COM12 MERCE. 

13 Section 50702(c) of title 51, United States Code, is 

14 amended by striking ‘‘Commerce.’’ and inserting ‘‘Com15 merce, including to— 

16 ‘‘(1) foster the conditions for the economic 

17 growth and technological advancement of the United 

18 States space commerce industry; 

19 ‘‘(2) coordinate space commerce policy issues 

20 and actions within the Department of Commerce; 

21 ‘‘(3) represent the Department of Commerce in 

22 the development of United States policies and in ne23 gotiations with foreign countries to promote United 

24 States space commerce; 


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1 ‘‘(4) promote the advancement of United States 

2 geospatial technologies related to space commerce, in 

3 cooperation with relevant interagency working 

4 groups; and 

5 ‘‘(5) provide support to Federal Government or6 ganizations working on Space-Based Positioning 

7 Navigation, and Timing policy, including the Na8 tional Coordination Office for Space-Based Position, 

9 Navigation, and Timing.’’. 

Passed the House of Representatives May 21, 2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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