I 
114TH CONGRESS 
1ST SESSION H. R. 2262 
To facilitate a pro-growth environment for the developing commercial space 
industry by encouraging private sector investment and creating more 
stable and predictable regulatory conditions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2015 
Mr. MCCARTHY (for himself, Mr. SMITH of Texas, Mr. PALAZZO, Mr. ROHR-
ABACHER, Mr. LUCAS, Mr. MCCAUL, Mr. POSEY, Mr. KNIGHT, Mr. 
BABIN, Mr. HULTGREN, Mr. BRIDENSTINE, Mr. WEBER of Texas, and 
Mr. MOOLENAAR) introduced the following bill; which was referred to the 
Committee on Science, Space, and Technology 
A BILL 
To facilitate a pro-growth environment for the developing 
commercial space industry by encouraging private sector 
investment and creating more stable and predictable reg-
ulatory conditions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Spurring Private Aero-
space Competitiveness and Entrepreneurship Act of 2015’’ 
or the ‘‘SPACE Act of 2015’’. 
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SEC. 2. CONSENSUS STANDARDS. 
Section 50905(c) of title 51, United States Code, is 
amended— 
(1) by striking paragraph (3); 
(2) by redesignating paragraph (4) as para-
graph (8); and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) INTERIM
INDUSTRY
VOLUNTARY
CON-
SENSUS
STANDARDS
REPORT.—The Secretary, in 
consultation with the Commercial Space Transpor-
tation Advisory Committee, or its successor organi-
zation, 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 in-
dustry in developing voluntary consensus standards 
or any other construction that promotes best prac-
tices to improve the industry. Such report shall in-
clude, 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 con-
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sensus standards or another potential construc-
tion 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 in-
dustry consensus standards or any other con-
struction, best practices, and commercial space 
launch operations; 
‘‘(E) any lessons learned associated with 
the development, potential application, and ac-
ceptance of voluntary industry consensus stand-
ards or any other construction, best practices, 
and commercial space launch operations; and 
‘‘(F) recommendations, findings, or obser-
vations from the Commercial Space Transpor-
tation Advisory Committee, or its successor or-
ganization, on the progress of the industry in 
developing industry consensus standards or any 
other construction. 
This report, with the appropriate updates in the in-
tervening periods, shall be transmitted to such com-
mittees no later than December 31, 2016, December 
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ment of the readiness of the commercial space indus-
try 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 stand-
ards or any other construction as reported by 
the Secretary in the interim assessments in-
cluded in reports provided under paragraph (4); 
and 
‘‘(B) the knowledge and operational experi-
ence 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 De-
cember 31, 2023, the Secretary may propose regula-
tions under this subsection without regard to para-
graph (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 para-
graphs (3) and (4). 
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‘‘(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 sub-
section 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 ex-
cept as otherwise provided in this section.’’. 
SEC. 3. INTERNATIONAL LAUNCH COMPETITIVENESS. 
(a) PURPOSE.—The purpose of this section is to pro-
vide 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 pro-
file approach to provide reasonable maximum probable 
loss values associated with potential third party losses 
from commercially licensed launches. An appropriately up-
dated methodology will help ensure that the Federal Gov-
ernment is not exposed to greater financial risks than in-
tended and that launch companies are not required to pur-
chase more insurance coverage than necessary. 
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(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 Com-
mittee on Science, Space, and Technology of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a plan to up-
date 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 esti-
mate; 
(2) an evaluation, in consultation with the Ad-
ministrator of the National Aeronautics and Space 
Administration and the heads of other relevant exec-
utive 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 in-
sufficient; 
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(3) a schedule of when updates to the method-
ology and calculations for the totality of the Max-
imum Probable Loss will be implemented, and a de-
tailed explanation of any changes to the current cal-
culation; 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 pro-
viding 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 Com-
mittee 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 implementa-
tion; and 
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(4) any further actions needed to implement the 
plan or otherwise accomplish the purpose of this sec-
tion. 
(d) 
LAUNCH
LIABILITY
EXTENSION.—Section 
50915(f) of title 51, United States Code, is amended by 
striking ‘‘December 31, 2016’’ and inserting ‘‘December 
31, 2023’’. 
SEC. 4. LAUNCH LICENSE FLEXIBILITY. 
Section 50906 of title 51, United States Code, is 
amended— 
(1) in subsection (d), by striking ‘‘launched or 
reentered’’ and inserting ‘‘launched or reentered 
under that permit’’; 
(2) by amending subsection (d)(1) to read as 
follows: 
‘‘(1) research and development to test design 
concepts, equipment, or operating techniques;’’; 
(3) in subsection (d)(3), by striking ‘‘prior to 
obtaining a license’’; 
(4) in subsection (e)(1), by striking ‘‘suborbital 
rocket design’’ and inserting ‘‘suborbital rocket or 
rocket design’’; and 
(5) by amending subsection (g) to read as fol-
lows: 
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‘‘(g) The Secretary may issue a permit under this sec-
tion notwithstanding any license issued under this chapter. 
The issuance of a license under this chapter shall not in-
validate a permit under this section.’’. 
SEC. 5. GOVERNMENT ASTRONAUTS. 
(a) DEFINITIONS.—Section 50902 of title 51, United 
States Code, is amended— 
(1) by redesignating paragraphs (4) through 
(22) as paragraphs (5) through (23), respectively; 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) ‘government astronaut’ means an indi-
vidual designated as such by the Administrator of 
the National Aeronautics and Space Administration, 
pursuant requirements established by the Adminis-
trator, 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, Gov-
ernments of Member States of the Euro-
pean Space Agency, the Government of 
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(7) by amending paragraph (18), as so redesig-
nated by paragraph (1) of this subsection, to read 
as follows: 
‘‘(18) ‘space flight participant’ means an indi-
vidual, 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 ‘‘, gov-
ernment 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, gov-
ernment astronauts, and space flight participants’’; 
(2) in subsection (b)(2)(D), by inserting ‘‘, gov-
ernment astronauts,’’ after ‘‘crew’’; and 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘, gov-
ernment astronauts,’’ after ‘‘crew’’; and 
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(B) in paragraph (2), by striking ‘‘to crew 
or space flight participants’’ each place it ap-
pears and inserting ‘‘to crew, government astro-
nauts, 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 train-
ing’’. 
(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 astro-
nauts, or space flight participants’’. 
SEC. 6. INDEMNIFICATION FOR SPACE FLIGHT PARTICI-
PANTS. 
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 in-
serting ‘‘a contractor’’; and 
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(B) by striking ‘‘but not against’’ and in-
serting ‘‘or’’. 
SEC. 7. FEDERAL JURISDICTION. 
Section 50914 of title 51, United States Code, is 
amended by adding at the end the following: 
‘‘(g) FEDERAL JURISDICTION.—Any action or tort 
arising from a licensed launch or reentry shall be the sole 
jurisdiction of the Federal courts and shall be decided 
under Federal law.’’. 
SEC. 8. CROSS-WAIVERS. 
Section 50914(b)(1) of title 51, United States Code, 
is amended to read as follows: ‘‘(1) A launch or reentry 
license issued or transferred under this chapter shall con-
tain a provision requiring the licensee or transferee to 
make a reciprocal waiver of claims with its contractors, 
subcontractors, and customers, the contractors and sub-
contractors of the customers, and any space flight partici-
pants, 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 em-
ployees resulting from an activity carried out under the 
applicable license.’’. 
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SEC. 9. ORBITAL TRAFFIC MANAGEMENT. 
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that, as none currently exists, there may be a need 
for a framework that addresses space traffic management 
of United States Government assets and United States 
private sector assets to minimize the proliferation of debris 
and decrease the congestion of the orbital environment. 
(b) STUDY REQUIRED.—Not later than 90 days after 
the date of enactment of this Act, the Administrator of 
the National Aeronautics and Space Administration shall 
enter into an arrangement with an independent, private 
systems engineering and technical assistance organization 
to study frameworks for the management of space traffic 
and orbital activities. The study shall include the fol-
lowing: 
(1) An assessment of current regulations, Gov-
ernment best practices, and industry standards that 
apply to space traffic management and orbital debris 
mitigation. 
(2) An assessment of current statutory author-
ity granted to the Federal Communications Commis-
sion, the Federal Aviation Administration, and the 
National Oceanic and Atmospheric Administration 
and how those agencies utilize and coordinate those 
authorities. 
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(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 inter-
national 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 Govern-
ment assets used to conduct space traffic manage-
ment and space situational awareness. 
(5) An assessment of the risk associated with 
smallsats as well as any necessary Government co-
ordination for their launch and utilization. 
(6) An assessment of existing private sector in-
formation 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 in-
dustry. 
(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 Com-
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mittee 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 De-
fense to safeguard the national security. 
SEC. 10. STATE COMMERCIAL LAUNCH FACILITIES. 
It is the Sense of Congress that State involvement, 
development, ownership, and operation of launch facilities 
can help enable growth of the Nation’s commercial sub-
orbital and orbital space endeavors and support both com-
mercial and Government space programs. It is further the 
sense of Congress that State launch facilities and the peo-
ple 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 
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