U.S. Commercial Space Launch Competitiveness Act

Bill: 114-hr-2262
Sponsor: Rep. McCarthy, Kevin [R-CA-23]
Introduced: 2015-05-12 in the House
Policy area: Science, Technology, Communications
Subjects: Administrative law and regulatory procedures
Congressional oversight
Department of Commerce
Department of Transportation
Executive agency funding and structure
Government employee pay, benefits, personnel management
Government liability
Government studies and investigations
Licensing and registrations
Life, casualty, property insurance
National Aeronautics and Space Administration
Public-private cooperation
Research and development
Space flight and exploration
Spacecraft and satellites
Technology transfer and commercialization
Trade agreements and negotiations
Transportation safety and security

Summary:
action_date: 2015-05-12
text: 

Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015 or the SPACE Act of 2015 

 
 This bill requires the Department of Transportation (DOT) to report to specified congressional committees on: (1) the progress of the commercial space transportation industry in developing voluntary consensus standards or any other construction that promotes best practices, and (2) 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.
 
An independent, private systems engineering and technical assistance organization or standards development organization shall assess the readiness of the industry and the federal government to transition to a safety framework that may include regulations. 
 
DOT shall provide the committees a plan to update the methodology used to calculate maximum probable loss from claims with respect to commercially licensed space launch liability insurance and financial responsibility requirements through the use of a validated risk profile approach. The Government Accountability Office shall assess the plan. 
 
The liability coverage of licensees subject to third-party claims exceeding the amount of insurance or demonstration of financial responsibility is extended through December 31, 2023.
 
Certain time constraints of commercial space launch and reentry experimental permit requirements are repealed and rockets as well as rocket designs are covered. DOT may issue an experimental launch or reentry permit notwithstanding the issuance of any launch or reentry license. 
 
Commercial space launch requirements apply to newly defined government astronauts. 
 
Liability insurance and financial responsibility and reciprocal waiver of claims requirements shall now cover space flight participants. 
 
Federal courts shall have sole jurisdiction of any action or tort arising from a licensed launch or reentry, which shall be decided under federal law. 
 
The National Aeronautics and Space Administration (NASA) shall arrange with an independent, private systems engineering and technical assistance organization to study frameworks for the management of space traffic and orbital activities.
 
The sense of Congress is expressed about state commercial launch facilities.

action_date: 2015-05-18
text: 

Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015 or the SPACE Act of 2015 

 
 (Sec. 2) The Department of Transportation (DOT) shall report periodically to specified congressional committees on the progress of the commercial space transportation industry in developing voluntary consensus standards or any other construction that promotes best practices.
 
DOT shall also report to Congress on the status of the knowledge and operational experience acquired by the commercial space transportation industry while providing flight services for compensation or hire to support the development of a safety framework.
 
An independent, private systems engineering and technical assistance organization or standards development organization contracted by DOT shall assess the readiness of the industry and the federal government to transition to a safety framework that may include regulations.
 
The contracted organization, as part of such review, must evaluate: (1) the progress of the commercial space industry in adopting industry voluntary standards or any other construction as reported by DOT in the interim assessments in the knowledge and operational report; and (2) the knowledge and operational experience obtained by the commercial space industry while providing services for compensation or hire. 
 
Beginning on December 31, 2025, DOT may propose new regulations pursuant to this section. 
 
(Sec. 3) DOT shall provide the committees a plan to update the methodology used to calculate maximum probable loss from claims with respect to commercially licensed space launch liability insurance and financial responsibility requirements through the use of a validated risk profile approach. The Government Accountability Office (GAO) shall assess the plan.
 
The liability coverage of licensees subject to third-party claims exceeding the amount of insurance or demonstration of financial responsibility is extended through December 31, 2025.
 
(Sec. 4) Certain time constraints of requirements for commercial space launch and reentry experimental permits are repealed and rockets as well as rocket designs are covered. DOT may issue an experimental launch or reentry permit notwithstanding the issuance of any launch or reentry license. Neither shall the issuance of such a license invalidate an experimental permit.
 
DOT may now issue an experimental permit for reusable suborbital rockets that will be launched or reentered solely for crew training regardless of whether the crew trains before or after obtaining a license. 
Experimental permits may also authorize an unlimited number of launches and reentries for a particular suborbital rocket or rocket design (currently, only for a rocket design). 
(Sec. 5) Commercial space launch requirements now apply to government astronauts, who are any NASA designees who are employees of the U.S. or any foreign government meeting certain criteria who are carried within a launch or reentry vehicle in the course of their employment.
 
(Sec. 6) Liability insurance and financial responsibility and reciprocal waiver of claims requirements shall now cover space flight participants.
 
(Sec. 7) Federal courts shall have sole jurisdiction of any action or tort arising from a licensed launch or reentry, which shall be decided under federal law.
 
(Sec. 8) Financial responsibility and reciprocal waiver of claims requirements now apply to space flight participants. 
 
(Sec. 9) The bill expresses the sense of Congress concerning orbital traffic management. 
 
The National Aeronautics and Space Administration (NASA) shall arrange with an independent, private systems engineering and technical assistance organization to study frameworks for the management of space traffic and orbital activities.
 
Congress recognizes the vital and unique role played by the Department of Defense in the protection of national security assets in space. 
 
(Sec. 10) The sense of Congress is expressed concerning state commercial launch facilities. 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.
 
(Sec. 11) GAO shall report to Congress on the use of space support vehicle services in the commercial space industry. 
 
(Sec. 12) The sense of Congress is expressed concerning the elimination of duplicative requirements and approvals for commercial launch and reentry operations.
 
This bill reaffirms that DOT, in overseeing and coordinating commercial launch and reentry operations, should:
 
 
promote commercial space launches and reentries by the private sector;
 
facilitate government, state, and private sector involvement in enhancing U.S. launch sites and facilities;
 
protect public health and safety, safety of property, national security interests, and foreign policy interests of the United States; and
 
consult with another executive agency, including the Department of Defense (DOD) or NASA, as necessary to provide consistent application of commercial space launch licensing requirements. 
 
 
DOT must consult with DOD, NASA, and other executive agencies to identify and evaluate all requirements imposed to protect 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:
 
 
determine whether the satisfaction of a requirement of one agency could result in the satisfaction of a requirement of another agency, and
 
resolve any inconsistencies and remove any outmoded or duplicative federal requirements or approvals.
 
 
DOT shall report annually to Congress on these efforts until no outmoded or duplicative federal requirements or approvals exist. 
 
(Sec. 13) References to the space shuttle in certain current federal law with respect to commercial space flight are changed to Space Launch System.

action_date: 2015-05-21
text: 

Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015 or the SPACE Act of 2015 

 
TITLE I--COMMERCIAL SPACE LAUNCH
 
 (Sec. 101) This bill directs the Department of Transportation (DOT) to report periodically to specified congressional committees on the progress of the commercial space transportation industry in developing voluntary consensus standards or any other construction that promotes best practices.
 
DOT shall also report to Congress on the status of the knowledge and operational experience acquired by the commercial space transportation industry while providing flight services for compensation or hire to support the development of a safety framework. 
 
An independent, private systems engineering and technical assistance organization or standards development organization contracted by DOT shall assess the readiness of the industry and the federal government to transition to a safety framework that may include regulations.
 
The contracted organization, as part of such review, must evaluate: (1) the progress of the commercial space industry in adopting industry voluntary standards or any other construction as reported by DOT in the interim assessments in the knowledge and operational report; and (2) the knowledge and operational experience obtained by the commercial space industry while providing services for compensation or hire. 
 
Beginning on December 31, 2025, DOT may propose new regulations pursuant to this section. 
 
 (Sec. 102) DOT shall provide the committees a plan to update the methodology used to calculate maximum probable loss from claims with respect to commercially licensed space launch liability insurance and financial responsibility requirements through the use of a validated risk profile approach. The Government Accountability Office (GAO) shall assess the plan.
 
The liability coverage of licensees subject to third-party claims exceeding the amount of insurance or demonstration of financial responsibility is extended through December 31, 2025.
 
 (Sec. 103) Certain time constraints of requirements for commercial space launch and reentry experimental permits are repealed. Rockets, reusable launch vehicles that will be launched into a suborbital trajectory, and designs for such vehicles as well as rocket designs are covered. DOT may issue an experimental launch or reentry permit notwithstanding the issuance of any launch or reentry license. Neither shall the issuance of such a license invalidate an experimental permit.
 
DOT may issue an experimental permit for reusable suborbital rockets or reusable launch vehicles that will be launched into a suborbital trajectory or reentered solely for crew training regardless of whether the crew trains before or after obtaining a license. 
Experimental permits may also authorize an unlimited number of launches and reentries for a particular suborbital rocket or reusable launch vehicle or reusable launch vehicle design (currently, only for a suborbital rocket design). 
Prohibits any person from operating a reusable launch vehicle (as well as, currently, a reusable suborbital rocket) under an experimental permit for carrying any property or human being for compensation or hire. 
 (Sec. 104) Commercial space launch requirements will apply to government astronauts, who are any National Aeronautics and Space Administration (NASA) designees who are employees of the U.S. or any foreign government meeting certain criteria who are carried within a launch or reentry vehicle in the course of their employment.
 
 (Sec. 105) Liability insurance and financial responsibility shall cover space flight participants.
 
(Sec. 106) The GAO shall study 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 carrying those participants. 
 
 (Sec. 107) Federal courts shall have sole jurisdiction of any action or tort arising from a licensed launch or reentry.
 
 (Sec. 108) Financial responsibility and reciprocal waiver of claims requirements now apply to space flight participants. 
 
 (Sec. 109) The bill expresses the sense of Congress concerning orbital traffic management. 
 
NASA shall arrange with an independent, nonprofit, private systems engineering and technical assistance organization to study frameworks for the management of space traffic and orbital activities.
 
Congress recognizes the vital and unique role played by the Department of Defense (DOD) in the protection of national security assets in space. 
 
 (Sec. 110) The sense of Congress is expressed concerning state commercial launch facilities. 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. 
 
The GAO shall report to Congress on the potential inclusion of all government property, including state and municipal property, in the existing indemnification regime. 
 
 (Sec. 111) The GAO shall report to Congress on the use of space support vehicle services in the commercial space industry. 
 
 (Sec. 112) The sense of Congress is expressed concerning the elimination of duplicative requirements and approvals for commercial launch and reentry operations.
 
This bill reaffirms that DOT, in overseeing and coordinating commercial launch and reentry operations, should:
 
 
promote commercial space launches and reentries by the private sector;
 
facilitate government, state, and private sector involvement in enhancing U.S. launch sites and facilities;
 
protect public health and safety, safety of property, national security interests, and foreign policy interests of the United States; and
 
consult with another executive agency, including DOD or NASA, as necessary to provide consistent application of commercial space launch licensing requirements. 
 
 
DOT must consult with DOD, NASA, and other executive agencies to identify and evaluate all requirements imposed to protect 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:
 
 
determine whether the satisfaction of a requirement of one agency could result in the satisfaction of a requirement of another agency, and
 
resolve any inconsistencies and remove any outmoded or duplicative federal requirements or approvals.
 
 
DOT shall report annually to Congress on these efforts until no outmoded or duplicative federal requirements or approvals exist. 
 
 (Sec. 113) References to the space shuttle in certain current federal law with respect to commercial space flight are changed to Space Launch System.
 
TITLE II--SPACE RESOURCE EXPLORATION AND UTILIZATION
 

Space Resource Exploration and Utilization Act of 2015

 
(Sec. 202) This bill directs the President, acting through appropriate federal agencies, to: 
 
 
facilitate the commercial exploration and utilization of space resources to meet national needs;
 
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
 
promote the right of U.S. commercial entities to explore outer space and utilize space resources, in accordance with such obligations, free from harmful interference, and to transfer or sell such resources. 
 
 
The President shall make recommendations to Congress 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 U.S. international obligations with respect to such exploration and resource utilization.
 
Any asteroid resources obtained in outer space are the property of the entity that obtained them, which shall be entitled to all property rights to them, consistent with applicable federal law and existing international obligations. 
 
A U.S. commercial space resource utilization entity:
 
 
shall avoid causing harmful interference in outer space, and
 
may bring a civil action in a U.S. district court for any action by another entity subject to U.S. jurisdiction causing harmful interference to its operations with respect to an asteroid resource utilization activity in outer space. 
 
 
TITLE III--COMMERCIAL REMOTE SENSING
 
(Sec. 301) The Department of Commerce shall report annually to Congress on the implementation of its authority to license private sector parties to operate private remote sensing space systems. 
 
Such reports may include classified annexes necessary to protect the disclosure of sensitive or classified information.
 
(Sec. 302) Commerce shall report to Congress on the statutory updates necessary to protect national security, protect privacy, protect the U.S. industrial base, and reflect state of the art remote sensing systems, instruments, or technologies. 
 
TITLE IV--OFFICE OF SPACE COMMERCE
 
(Sec. 401) This bill renames the Office of Space Commercialization as the Office of Space Commerce. 
 
The Office of Space Commerce shall: 
 
 
foster the conditions for the economic growth and technological advancement of the U.S. space commerce industry; 
 
coordinate space commerce policy issues and actions within Commerce;
 
 represent Commerce in the development of U.S. policies and in negotiations with foreign countries to promote U.S. space commerce; 
 
promote the advancement of U.S. geospatial technologies related to space commerce in cooperation with relevant interagency working groups; and 
 
support federal government organizations working on Space-Based Positioning, Navigation, and Timing policy.
 

action_date: 2015-11-10
text: 

U.S. Commercial Space Launch Competitiveness Act

 TITLE I--SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND ENTREPRENEURSHIP 

Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015 or the SPACE Act of 2015

 
 (Sec. 102) It is the sense of Congress that it is in the public interest to update the methodology used to calculate the maximum probable loss from commercial space launch liability claims with a validated risk profile approach in order to consistently compute valid and reasonable maximum probable loss values. 
 
The Department of Transportation (DOT) shall: (1) evaluate and, if necessary, develop a plan to update, the methodology used to calculate the maximum probable loss from commercial space launch liability claims; and (2) meet specified criteria in evaluating or developing the plan.
 
 The Government Accountability Office (GAO) shall assess the evaluation and any plan.
 
The liability coverage of licensees subject to third-party claims exceeding the amount of insurance or demonstration of financial responsibility shall be extended through FY2025.
 
(Sec. 103) Liability insurance and financial responsibility requirements shall cover space flight participants through FY2025. 
 
(Sec. 104) Certain time constraints in requirements for commercial space launch and reentry experimental permits are repealed. Rockets, reusable launch vehicles that will be launched into a suborbital trajectory, and designs for such vehicles as well as rocket designs shall be covered. DOT may issue an experimental launch or reentry permit notwithstanding the issuance of any launch or reentry license. Neither shall the issuance of such a license invalidate an experimental permit. 
DOT may issue an experimental permit for reusable suborbital rockets or reusable launch vehicles that will be launched into a suborbital trajectory or reentered solely for crew training regardless of whether the crew trains before or after obtaining a license. 
Experimental permits may also authorize an unlimited number of launches and reentries for a particular suborbital rocket or reusable launch vehicle or reusable launch vehicle design (currently, only for a suborbital rocket design). 
No person may operate a reusable launch vehicle (or, as currently, a reusable suborbital rocket) under an experimental permit for carrying any property or human being for compensation or hire.
 (Sec. 105) DOT shall report to Congress on approaches for streamlining the licensing and permitting process of launch vehicles, reentry vehicles, or their components, to enable non-launch flight operations related to space transportation. 
 (Sec. 106) Federal courts shall have exclusive jurisdiction of any claim by a third party or space flight participant for death, bodily injury, or property damage or loss resulting from an activity carried out under the commercial space launch or reentry license. 
 
 (Sec. 107) Reciprocal waiver of claims requirements shall apply to space flight participants through FY2025. 
 
 (Sec. 108) The Office of Science and Technology Policy shall:
 
 
assess current, and proposed near-term, commercial non-governmental activities conducted in space;
 
identify appropriate authorization and supervision authorities for such activities; and
 
recommend to Congress an authorization and supervision approach that would prioritize safety, utilize existing authorities, minimize burdens to the commercial space transportation industry, promote the U.S. commercial space sector, and meet U.S. obligations under international treaties. 
 
 
These requirements shall not apply to the International Space Station (ISS) or any research or development projects using the ISS national laboratory.
 
(Sec. 109) The bill expresses the sense of Congress concerning space traffic management of federal assets and U.S. private assets in outer space and orbital debris mitigation. 
 
The National Aeronautics and Space Administration (NASA) shall arrange with an independent systems engineering and technical assistance organization to study alternate frameworks for the management of space traffic and orbital activities.
 
It is the sense of Congress that the Department of Defense (DOD) plays a vital and unique role in the protection of national security assets in space. 
 
 (Sec. 110) DOT, in concurrence with DOD, shall study the feasibility of processing and releasing to any entity safety-related space situational awareness data and information consistent with national security interests and U.S. public safety obligations. 
 
 (Sec. 111) DOT shall continue to work with the commercial space sector, including the Commercial Space Transportation Advisory Committee (or its successor organization), to facilitate the development of voluntary consensus standards based on recommended best practices to improve the safety of crew, government astronauts, and space flight participants as that sector continues to mature. 
 
DOT shall also report periodically to specified congressional committees on the progress of the commercial space transportation industry in developing voluntary consensus standards that promote best practices to improve industry safety. 
 
DOT must report to Congress key industry metrics that might indicate readiness of the commercial space sector and DOT to transition to a safety framework that considers space flight participant, government astronaut, and crew safety. 
 
An independent systems engineering and technical assistance organization or standards development organization contracted by DOT shall assess the readiness of the commercial space industry and the federal government to transition to a safety framework that may include regulations. 
 
 (Sec. 112) Certain commercial space launch requirements shall apply to government astronauts, defined as any NASA designees who are U.S. government employees or international partner astronauts carried within a launch or reentry vehicle in the course of their employment. 
 
 (Sec. 113) The sense of Congress is expressed favoring the elimination of duplicative requirements and approvals for commercial launch and reentry operations.
 
This bill reaffirms that DOT, in overseeing and coordinating commercial launch and reentry operations, should:
 
 
promote commercial space launches and reentries by the private sector;
 
facilitate government, state, and private sector involvement in enhancing U.S. launch sites and facilities;
 
protect public health and safety, safety of property, national security interests, and foreign policy interests of the United States; and
 
consult with another executive agency, including DOD or NASA, as necessary to provide consistent application of commercial space launch licensing requirements. 
 
 
DOT must consult with DOD, NASA, and other executive agencies to identify and evaluate all requirements imposed to protect 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:
 
 
determine whether the satisfaction of a requirement of one agency could result in the satisfaction of a requirement of another agency, and
 
resolve any inconsistencies and remove any outmoded or duplicative federal requirements or approvals.
 
 
DOT shall report annually to Congress on these efforts until no outmoded or duplicative federal requirements or approvals exist. 
 
 (Sec. 114) The sense of Congress is expressed regarding operation and use of the ISS. 
 
NASA shall ensure that the ISS remains a viable and productive facility capable of potential U.S. utilization through at least FY2024 (currently, through FY2020).
 
NASA shall ensure that the ISS as a designated national laboratory:
 
 
remains viable as an element of overall exploration and partnership strategies and approaches; 
 
is considered for use by all NASA mission directorates for technically appropriate scientific data gathering or technology risk reduction demonstrations; and 
 
remains an effective, functional vehicle providing research and test bed capabilities for the United States through at least FY2024.
 
 
 (Sec. 115) The sense of Congress is expressed concerning state commercial launch facilities. States and state launch facilities should seek to take proper measures to protect themselves to the extent of their potential liability for involvement in launch services or reentry services, and to compensate third parties for possible death, bodily injury, or property damage or loss resulting from any licensed commercial space launch activity to which the state or state launch facility is involved in launch services or reentry services. 
 
The GAO shall report to Congress on the potential inclusion of all government property, including state and municipal property, in the existing indemnification regime.
 
 (Sec. 116) The GAO shall report to Congress on the use of space support vehicle services in the commercial space industry. 
 
 ( Sec. 117) The space shuttle program with respect to commercial space flight is replaced by a Space Launch System. 
 
The Space Launch System may be used for: 
 
 
payloads and missions that contribute to extending human presence beyond low-Earth orbit and substantially benefit from the System's unique capabilities; 
 
other payloads and missions that also benefit substantially from the System's unique capabilities;
 
federal government or educational payloads, on a space available basis, consistent with NASA's mission for exploration beyond low-Earth orbit; and 
 
compelling circumstances, as determined by NASA. 
 
 
NASA may plan, negotiate, or implement agreements with foreign entities for the launch of payloads for international collaborative efforts related to science and technology using the Space Launch System. 
 
In the case of a compelling circumstance, NASA shall notify Congress of its intent to select the Space Launch System for a specific mission, with a justification for that determination. 
 
TITLE II--COMMERCIAL REMOTE SENSING
 
 (Sec. 201) The Department of Commerce shall report annually to Congress on the implementation of its authority to license private sector parties to operate private remote sensing space systems. 
 
 Each such report may include classified annexes necessary to protect the disclosure of sensitive or classified information. 
 
 (Sec. 202) Commerce shall report to Congress on the statutory updates necessary to license private remote sensing space systems, taking into account the need to protect national security while maintaining U.S. private sector leadership in the field. 
 
TITLE III--OFFICE OF SPACE COMMERCE
 
 (Sec. 301) This bill renames the Office of Space Commercialization as the Office of Space Commerce. 
 
(Sec. 302) The Office of Space Commerce shall: 
 
 
foster the conditions for the economic growth and technological advancement of the U.S. space commerce industry; 
 
coordinate space commerce policy issues and actions within Commerce;
 
 represent Commerce in the development of U.S. policies and in negotiations with foreign countries to promote U.S. space commerce; 
 
promote the advancement of U.S. geospatial technologies related to space commerce in cooperation with relevant interagency working groups; and 
 
support federal government organizations working on Space-Based Positioning, Navigation, and Timing policy.
 
 
TITLE IV--SPACE RESOURCE EXPLORATION AND UTILIZATION
 

Space Resource Exploration and Utilization Act of 2015

 
(Sec. 402) The bill directs the President, acting through appropriate federal agencies, to: 
 
 
facilitate the commercial exploration for and commercial recovery of space resources by U.S. citizens;
 
discourage government barriers to the development of economically viable, safe, and stable industries for the commercial exploration for and commercial recovery of space resources in manners consistent with U.S. international obligations; and
 
promote the right of U.S. citizens to engage in commercial exploration for and commercial recovery of space resources free from harmful interference, in accordance with such obligations and subject to authorization and continuing supervision by the federal government. 
 
 
A U.S. citizen engaged in commercial recovery of an asteroid resource or a space resource shall be entitled to any asteroid resource or space resource obtained, including to possess, own, transport, use, and sell it according to applicable law, including U.S. international obligations. 
 
(Sec. 403) It is the sense of Congress that the United States does not, by enactment of this Act, assert sovereignty or sovereign or exclusive rights or jurisdiction over, or ownership of, any celestial body. 

action_date: 2015-11-25
text: 
(This measure has not been amended since it was passed by the Senate on November 10, 2015. The summary of that version is repeated here.)
 

U.S. Commercial Space Launch Competitiveness Act

 TITLE I--SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND ENTREPRENEURSHIP 

Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015 or the SPACE Act of 2015

 
 (Sec. 102) It is the sense of Congress that it is in the public interest to update the methodology used to calculate the maximum probable loss from commercial space launch liability claims with a validated risk profile approach in order to consistently compute valid and reasonable maximum probable loss values. 
 
The Department of Transportation (DOT) shall: (1) evaluate and, if necessary, develop a plan to update, the methodology used to calculate the maximum probable loss from commercial space launch liability claims; and (2) meet specified criteria in evaluating or developing the plan.
 
 The Government Accountability Office (GAO) shall assess the evaluation and any plan.
 
The liability coverage of licensees subject to third-party claims exceeding the amount of insurance or demonstration of financial responsibility shall be extended through FY2025.
 
(Sec. 103) Liability insurance and financial responsibility requirements shall cover space flight participants through FY2025. 
 
(Sec. 104) Certain time constraints in requirements for commercial space launch and reentry experimental permits are repealed. Rockets, reusable launch vehicles that will be launched into a suborbital trajectory, and designs for such vehicles as well as rocket designs shall be covered. DOT may issue an experimental launch or reentry permit notwithstanding the issuance of any launch or reentry license. Neither shall the issuance of such a license invalidate an experimental permit. 
DOT may issue an experimental permit for reusable suborbital rockets or reusable launch vehicles that will be launched into a suborbital trajectory or reentered solely for crew training regardless of whether the crew trains before or after obtaining a license. 
Experimental permits may also authorize an unlimited number of launches and reentries for a particular suborbital rocket or reusable launch vehicle or reusable launch vehicle design (currently, only for a suborbital rocket design). 
No person may operate a reusable launch vehicle (or, as currently, a reusable suborbital rocket) under an experimental permit for carrying any property or human being for compensation or hire.
 (Sec. 105) DOT shall report to Congress on approaches for streamlining the licensing and permitting process of launch vehicles, reentry vehicles, or their components, to enable non-launch flight operations related to space transportation. 
 (Sec. 106) Federal courts shall have exclusive jurisdiction of any claim by a third party or space flight participant for death, bodily injury, or property damage or loss resulting from an activity carried out under the commercial space launch or reentry license. 
 
 (Sec. 107) Reciprocal waiver of claims requirements shall apply to space flight participants through FY2025. 
 
 (Sec. 108) The Office of Science and Technology Policy shall:
 
 
assess current, and proposed near-term, commercial non-governmental activities conducted in space;
 
identify appropriate authorization and supervision authorities for such activities; and
 
recommend to Congress an authorization and supervision approach that would prioritize safety, utilize existing authorities, minimize burdens to the commercial space transportation industry, promote the U.S. commercial space sector, and meet U.S. obligations under international treaties. 
 
 
These requirements shall not apply to the International Space Station (ISS) or any research or development projects using the ISS national laboratory.
 
(Sec. 109) The bill expresses the sense of Congress concerning space traffic management of federal assets and U.S. private assets in outer space and orbital debris mitigation. 
 
The National Aeronautics and Space Administration (NASA) shall arrange with an independent systems engineering and technical assistance organization to study alternate frameworks for the management of space traffic and orbital activities.
 
It is the sense of Congress that the Department of Defense (DOD) plays a vital and unique role in the protection of national security assets in space. 
 
 (Sec. 110) DOT, in concurrence with DOD, shall study the feasibility of processing and releasing to any entity safety-related space situational awareness data and information consistent with national security interests and U.S. public safety obligations. 
 
 (Sec. 111) DOT shall continue to work with the commercial space sector, including the Commercial Space Transportation Advisory Committee (or its successor organization), to facilitate the development of voluntary consensus standards based on recommended best practices to improve the safety of crew, government astronauts, and space flight participants as that sector continues to mature. 
 
DOT shall also report periodically to specified congressional committees on the progress of the commercial space transportation industry in developing voluntary consensus standards that promote best practices to improve industry safety. 
 
DOT must report to Congress key industry metrics that might indicate readiness of the commercial space sector and DOT to transition to a safety framework that considers space flight participant, government astronaut, and crew safety. 
 
An independent systems engineering and technical assistance organization or standards development organization contracted by DOT shall assess the readiness of the commercial space industry and the federal government to transition to a safety framework that may include regulations. 
 
 (Sec. 112) Certain commercial space launch requirements shall apply to government astronauts, defined as any NASA designees who are U.S. government employees or international partner astronauts carried within a launch or reentry vehicle in the course of their employment. 
 
 (Sec. 113) The sense of Congress is expressed favoring the elimination of duplicative requirements and approvals for commercial launch and reentry operations.
 
This bill reaffirms that DOT, in overseeing and coordinating commercial launch and reentry operations, should:
 
 
promote commercial space launches and reentries by the private sector;
 
facilitate government, state, and private sector involvement in enhancing U.S. launch sites and facilities;
 
protect public health and safety, safety of property, national security interests, and foreign policy interests of the United States; and
 
consult with another executive agency, including DOD or NASA, as necessary to provide consistent application of commercial space launch licensing requirements. 
 
 
DOT must consult with DOD, NASA, and other executive agencies to identify and evaluate all requirements imposed to protect 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:
 
 
determine whether the satisfaction of a requirement of one agency could result in the satisfaction of a requirement of another agency, and
 
resolve any inconsistencies and remove any outmoded or duplicative federal requirements or approvals.
 
 
DOT shall report annually to Congress on these efforts until no outmoded or duplicative federal requirements or approvals exist. 
 
 (Sec. 114) The sense of Congress is expressed regarding operation and use of the ISS. 
 
NASA shall ensure that the ISS remains a viable and productive facility capable of potential U.S. utilization through at least FY2024 (currently, through FY2020).
 
NASA shall ensure that the ISS as a designated national laboratory:
 
 
remains viable as an element of overall exploration and partnership strategies and approaches; 
 
is considered for use by all NASA mission directorates for technically appropriate scientific data gathering or technology risk reduction demonstrations; and 
 
remains an effective, functional vehicle providing research and test bed capabilities for the United States through at least FY2024.
 
 
 (Sec. 115) The sense of Congress is expressed concerning state commercial launch facilities. States and state launch facilities should seek to take proper measures to protect themselves to the extent of their potential liability for involvement in launch services or reentry services, and to compensate third parties for possible death, bodily injury, or property damage or loss resulting from any licensed commercial space launch activity to which the state or state launch facility is involved in launch services or reentry services. 
 
The GAO shall report to Congress on the potential inclusion of all government property, including state and municipal property, in the existing indemnification regime.
 
 (Sec. 116) The GAO shall report to Congress on the use of space support vehicle services in the commercial space industry. 
 
 ( Sec. 117) The space shuttle program with respect to commercial space flight is replaced by a Space Launch System. 
 
The Space Launch System may be used for: 
 
 
payloads and missions that contribute to extending human presence beyond low-Earth orbit and substantially benefit from the System's unique capabilities; 
 
other payloads and missions that also benefit substantially from the System's unique capabilities;
 
federal government or educational payloads, on a space available basis, consistent with NASA's mission for exploration beyond low-Earth orbit; and 
 
compelling circumstances, as determined by NASA. 
 
 
NASA may plan, negotiate, or implement agreements with foreign entities for the launch of payloads for international collaborative efforts related to science and technology using the Space Launch System. 
 
In the case of a compelling circumstance, NASA shall notify Congress of its intent to select the Space Launch System for a specific mission, with a justification for that determination. 
 
TITLE II--COMMERCIAL REMOTE SENSING
 
 (Sec. 201) The Department of Commerce shall report annually to Congress on the implementation of its authority to license private sector parties to operate private remote sensing space systems. 
 
 Each such report may include classified annexes necessary to protect the disclosure of sensitive or classified information. 
 
 (Sec. 202) Commerce shall report to Congress on the statutory updates necessary to license private remote sensing space systems, taking into account the need to protect national security while maintaining U.S. private sector leadership in the field. 
 
TITLE III--OFFICE OF SPACE COMMERCE
 
 (Sec. 301) This bill renames the Office of Space Commercialization as the Office of Space Commerce. 
 
(Sec. 302) The Office of Space Commerce shall: 
 
 
foster the conditions for the economic growth and technological advancement of the U.S. space commerce industry; 
 
coordinate space commerce policy issues and actions within Commerce;
 
 represent Commerce in the development of U.S. policies and in negotiations with foreign countries to promote U.S. space commerce; 
 
promote the advancement of U.S. geospatial technologies related to space commerce in cooperation with relevant interagency working groups; and 
 
support federal government organizations working on Space-Based Positioning, Navigation, and Timing policy.
 
 
TITLE IV--SPACE RESOURCE EXPLORATION AND UTILIZATION
 

Space Resource Exploration and Utilization Act of 2015

 
(Sec. 402) The bill directs the President, acting through appropriate federal agencies, to: 
 
 
facilitate the commercial exploration for and commercial recovery of space resources by U.S. citizens;
 
discourage government barriers to the development of economically viable, safe, and stable industries for the commercial exploration for and commercial recovery of space resources in manners consistent with U.S. international obligations; and
 
promote the right of U.S. citizens to engage in commercial exploration for and commercial recovery of space resources free from harmful interference, in accordance with such obligations and subject to authorization and continuing supervision by the federal government. 
 
 
A U.S. citizen engaged in commercial recovery of an asteroid resource or a space resource shall be entitled to any asteroid resource or space resource obtained, including to possess, own, transport, use, and sell it according to applicable law, including U.S. international obligations. 
 
(Sec. 403) It is the sense of Congress that the United States does not, by enactment of this Act, assert sovereignty or sovereign or exclusive rights or jurisdiction over, or ownership of, any celestial body. 


Legislative actions:
action_date: 2015-11-25
text: Became Public Law No: 114-90.
action_date: 2015-11-25
text: Became Public Law No: 114-90.
action_date: 2015-11-25
text: Signed by President.
action_date: 2015-11-25
text: Signed by President.
action_date: 2015-11-19
text: Presented to President.
action_date: 2015-11-19
text: Presented to President.
action_date: 2015-11-16
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2015-11-16
text: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (text as House agreed to Senate amendment: CR H8185-8190)
action_date: 2015-11-16
text: Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(text as House agreed to Senate amendment: CR H8185-8190)
action_date: 2015-11-16
text: DEBATE - The House proceeded with 40 minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 2262.
action_date: 2015-11-16
text: Mr. McCarthy moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H8185-8196)
action_date: 2015-11-16
text: Message on Senate action sent to the House.
action_date: 2015-11-10
text: Passed Senate with an amendment by Unanimous Consent. (text: CR S7954)
action_date: 2015-11-10
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S7954)
action_date: 2015-11-10
text: Measure laid before Senate by unanimous consent. (consideration: CR S7954)
action_date: 2015-11-10
text: Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent. (consideration: CR S7954)
action_date: 2015-11-10
text: Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.(consideration: CR S7954)
action_date: 2015-05-22
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2015-05-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2015-05-21
text: On passage Passed by the Yeas and Nays: 284 - 133 (Roll no. 262).
action_date: 2015-05-21
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 284 - 133 (Roll no. 262).
action_date: 2015-05-21
text: The previous question was ordered pursuant to the rule. (consideration: CR H3534)
action_date: 2015-05-21
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2262.
action_date: 2015-05-21
text: DEBATE - Pursuant to the provisions of H. Res. 273, the Committee of the Whole proceeded with 20 minutes of debate on the Edwards Part A amendment No. 7.
action_date: 2015-05-21
text: DEBATE - Pursuant to the provisions of H. Res. 273, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee Part A amendment No. 6.
action_date: 2015-05-21
text: DEBATE - Pursuant to the provisions of H. Res. 273, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee Part A amendment No. 5.
action_date: 2015-05-21
text: DEBATE - Pursuant to the provisions of H. Res. 273, the Committee of the Whole proceeded with 10 minutes of debate on the Castro (TX) Part A amendment No. 4.
action_date: 2015-05-21
text: DEBATE - Pursuant to the provisions of H. Res. 273, the Committee of the Whole proceeded with 10 minutes of debate on the Rohrabacher Part A amendment No. 3.
action_date: 2015-05-21
text: DEBATE - Pursuant to the provisions of H. Res. 273, the Committee of the Whole proceeded with 10 minutes of debate on the Grijalva Part A amendment No. 2.
action_date: 2015-05-21
text: DEBATE - Pursuant to the provisions of H. Res. 273, the Committee of the Whole proceeded with 10 minutes of debate on the Smith (TX) Part A amendment No. 1.
action_date: 2015-05-21
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2262.
action_date: 2015-05-21
text: The Speaker designated the Honorable Garret Graves to act as Chairman of the Committee.
action_date: 2015-05-21
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 273 and Rule XVIII.
action_date: 2015-05-21
text: The resolution provides for consideration of H.R. 2262 and H.R. 880. In addition, the resolution provides for consideration of motions to suspend the rules; and provides for proceedings during the period from May 22, 2015, through May 29, 2015.
action_date: 2015-05-21
text: Considered under the provisions of rule H. Res. 273. (consideration: CR H3511-3534; text of amendment in the nature of a substitute: CR H3521-3524)
action_date: 2015-05-19
text: Rules Committee Resolution H. Res. 273 Reported to House. The resolution provides for consideration of H.R. 2262 and H.R. 880. In addition, the resolution provides for consideration of motions to suspend the rules; and provides for proceedings during the period from May 22, 2015, through May 29, 2015.
action_date: 2015-05-18
text: Placed on the Union Calendar, Calendar No. 85.
action_date: 2015-05-18
text: Reported (Amended) by the Committee on Science, Space, and Technology. H. Rept. 114-119.
action_date: 2015-05-18
text: Reported (Amended) by the Committee on Science, Space, and Technology. H. Rept. 114-119.
action_date: 2015-05-13
text: Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 13.
action_date: 2015-05-13
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-05-12
text: Referred to the House Committee on Science, Space, and Technology.
action_date: 2015-05-12
text: Introduced in House
action_date: 2015-05-12
text: Introduced in House

Enacted as: number: 114-90