,in the ,senate of the ,united ,states1 ,november #aj1 #bjae4 ,amendment3 ,that the bill from the ,house of ,representatives 7,h4,r4 #bbfb7 entitled ,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 conditions1 and for other purposes41 do pass with the following ,strike all after the enacting clause and insert the following3 #a4 ,short title2 table of contents2 references 7a7 ,short title ,this ,act may be cited as the ,u4,s4 ,commercial ,space ,launch ,competitiveness ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 references4,,title ,i--,spurring private aerospace competitiveness and entrepreneurship,sec4 #aja4 ,short title4,sec4 #ajb4 ,international launch competitiveness4,sec4 #ajc4 ,indemnification for space flight participants4,sec4 #ajd4 ,launch license flexibility4,sec4 #aje4 ,licensing report4,sec4 #ajf4 ,federal jurisdiction4,sec4 #ajg4 ,cross waivers4,sec4 #ajh4 ,space authority4,sec4 #aji4 ,orbital traffic management4,sec4 #aaj4 ,space surveillance and situational awareness data4,sec4 #aaa4 ,consensus standards and extension of certain safety regulation requirements4,sec4 #aab4 ,government astronauts4,sec4 #aac4 ,streamline commercial space launch activities4,sec4 #aad4 ,operation and utilization of the ,,iss4,sec4 #aae4 ,state commercial launch facilities4,sec4 #aaf4 ,space support vehicles study4,sec4 #aag4 ,space launch system update4,,title ,,ii--,commercial remote sensing,sec4 #bja4 ,annual reports4,sec4 #bjb4 ,statutory update report4,,title ,,iii--,office of space commerce,sec4 #cja4 ,renaming of office of space commercialization4,sec4 #cjb4 ,functions of the office of space commerce4,,title ,,iv--,space resource exploration and utilization,sec4 #dja4 ,short title4,sec4 #djb4 ,title #ea amendment4,sec4 #djc4 ,disclaimer of extraterritorial sovereignty4 7c7 ,references to title #ea1 ,united ,states ,code ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #ea1 ,united ,states ,code4 ,i ,spurring private aerospace competitiveness and entrepreneurship #aja4 ,short title ,this title may be cited as the ,spurring ,private ,aerospace ,competitiveness and ,entrepreneurship ,act of #bjae or ,,space ,act of #bjae4 #ajb4 ,international launch competitiveness 7a7 ,sense of ,congress ,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 claims under section #ejiad of title #ea1 ,united ,states ,code1 with a validated risk profile approach in order to consistently compute valid and reasonable maximum probable loss values4 7b7 ,implementation ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the commercial space sector and insurance providers1 shall-- 7#a7 evaluate the methodology used to calculate the maximum probable loss from claims under section #ejiad of title #ea1 ,united ,states ,code1 and1 if necessary1 develop a plan to update that methodology2 7#b7 in evaluating or developing a plan under paragraph 7#a7-- 7,a7 ensure that the ,federal ,government is not exposed to greater costs than intended and that launch companies are not required to purchase more insurance coverage than necessary2 and 7,b7 consider the impact of the cost to both the industry and the ,government of implementing an updated methodology2 and 7#c7 submit the evaluation1 and any plan1 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4 7c7 ,independent assessment ,not later than #bgj days after the date the evaluation is submitted under subsection 7b77#c71 the ,comptroller ,general shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives an assessment of-- 7#a7 the analysis and conclusions provided by the ,secretary of ,transportation in the evaluation1 and any plan1 under subsection 7b72 7#b7 the implementation schedule proposed by the ,secretary in the plan described in paragraph 7#a72 7#c7 the suitability of the plan described in paragraph 7#a7 for implementation2 and 7#d7 any further actions needed to implement the plan described in paragraph 7#a7 or otherwise accomplish the purpose of this section4 7d7 ,launch liability extension ,section #ejiae7;f7 is amended by striking ,december #ca1 #bjaf and inserting ,september #cj1 #bjbe4 #ajc4 ,indemnification for space flight participants 7a7 ,in general ,chapter #eji is amended-- 7#a7 in section #ejiad7;a7-- 7,a7 in paragraph 7#d71 by adding at the end the following3 7,e7 space flight participants4 2 and 7,b7 by adding at the end the following3 7#e7 ,subparagraph 7,e7 of paragraph 7#d7 ceases to be effective ,september #cj1 #bjbe4 2 and 7#b7 in section #ejiae7;a7-- 7,a7 in paragraph 7#a71 by striking a licensee or transferee under this chapter1 a contractor1 subcontractor1 or customer of the licensee or transferee1 or a contractor or subcontractor of a customer1 but not against a space flight participant1 and inserting a person described in paragraph 7#c77;,a72 and 7,b7 by adding at the end the following3 7#c7 7,a7 ,a person described in this subparagraph is-- 7i7 a licensee or transferee under this chapter2 7ii7 a contractor1 subcontractor1 or customer of the licensee or transferee2 7iii7 a contractor or subcontractor of a customer2 or 7iv7 a space flight participant4 7,b7 ,clause 7iv7 of subparagraph 7,a7 ceases to be effective ,september #cj1 #bjbe4 4 #ajd4 ,launch license flexibility ,section #ejijf is amended-- 7#a7 in subsection 7d7-- 7,a7 in the matter preceding paragraph 7#a71 by striking that will be launched or reentered and inserting or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit2 7,b7 by amending paragraph 7#a7 to read as follows3 7#a7 research and development to test design concepts1 equipment1 or operating techniques2 2 and 7,c7 in paragraph 7#c7-- 7i7 by striking prior to obtaining a license2 and 7ii7 by inserting or vehicle after design of the rocket2 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking suborbital rocket design and inserting suborbital rocket or suborbital rocket design1 or for a particular reusable launch vehicle or reusable launch vehicle design12 and 7,b7 in paragraph 7#b71 by inserting or launch vehicle after the suborbital rocket2 7#c7 by amending subsection 7g7 to read as follows3 7g7 ,the ,secretary may issue a permit under this section notwithstanding any license issued under this chapter4 ,the issuance of a license under this chapter may not invalidate a permit issued under this section4 2 and 7#d7 in subsection 7h71 by inserting or reusable launch vehicle after suborbital rocket4 #aje4 ,licensing report ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on approaches for streamlining the licensing and permitting process of launch vehicles1 reentry vehicles1 or components of launch or reentry vehicles1 to enable non-launch flight operations related to space transportation4 ,the report shall include approaches to improve efficiency1 reduce unnecessary costs1 resolve inconsistencies1 remove duplication1 and minimize unwarranted constraints4 ,the report shall also include an assessment of existing private and government infrastructure1 as appropriate1 in future licensing activities4 #ajf4 ,federal jurisdiction ,section #ejiad is amended by adding at the end the following3 7g7 ,federal jurisdiction ,any claim by a third party or space flight participant for death1 bodily injury1 or property damage or loss resulting from an activity carried out under the license shall be the exclusive jurisdiction of the ,federal courts4 4 #ajg4 ,cross waivers ,section #ejiad7;b77#a7 is amended to read as follows3 7#a7 7,a7 ,a launch or reentry license issued or transferred under this chapter shall contain a provision requiring the licensee or transferee to make a reciprocal waiver of claims with applicable parties involved in launch services or reentry services under which each party to the waiver agrees to be responsible for personal injury to1 death of1 or property damage or loss sustained by it or its own employees resulting from an activity carried out under the applicable license4 7,b7 ,in this paragraph1 the term applicable parties means-- 7i7 contractors1 subcontractors1 and customers of the licensee or transferee2 7ii7 contractors and subcontractors of the customers2 and 7iii7 space flight participants4 7,c7 ,clause 7iii7 of subparagraph 7,b7 ceases to be effective ,september #cj1 #bjbe4 4 #ajh4 ,space authority 7a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,director of the ,office of ,science and ,technology ,policy1 in consultation with the ,secretary of ,state1 the ,secretary of ,transportation1 the ,administrator of the ,national ,aeronautics and ,space ,administration1 the heads of other relevant ,federal agencies1 and the commercial space sector1 shall-- 7#a7 assess current1 and proposed near-term1 commercial non-governmental activities conducted in space2 7#b7 identify appropriate authorization and supervision authorities for the activities described in paragraph 7#a72 7#c7 recommend an authorization and supervision approach that would prioritize safety1 utilize existing authorities1 minimize burdens to the industry1 promote the ,u4,s4 commercial space sector1 and meet the ,united ,states obligations under international treaties2 and 7#d7 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on the activities described in paragraphs 7#a71 7#b71 and 7#c74 7b7 ,exception ,nothing in this section shall apply to the activities of the ,,iss national laboratory as described in section #ejd of the ,national ,aeronautics and ,space ,administration ,authorization ,act of #bjaj 7#db ,u4,s4,c4 #ahced71 including any research or development projects utilizing the ,,iss national laboratory4 #aji4 ,orbital traffic management 7a7 ,sense of ,congress ,it is the sense of the ,congress that an improved framework may be necessary for space traffic management of ,united ,states ,government assets and ,united ,states private sector assets in outer space and orbital debris mitigation4 7b7 ,study ,not later than #ij days after the date of enactment of this ,act1 the ,administrator of the ,national ,aeronautics and ,space ,administration1 in consultation with the ,secretary of ,transportation1 the ,chair of the ,federal ,communications ,commission1 the ,secretary of ,commerce1 and the ,secretary of ,defense1 shall enter into an arrangement with an independent systems engineering and technical assistance organization to study alternate frameworks for the management of space traffic and orbital activities4 7c7 ,contents ,the study shall include the following3 7#a7 ,an assessment of current regulations1 best practices1 and industry standards that apply to space traffic management and orbital debris mitigation4 7#b7 ,an assessment of current statutory authorities granted to the ,federal ,communications ,commission1 the ,department of ,transportation1 and the ,department of ,commerce that apply to space traffic management and orbital debris mitigation and how those agencies utilize and coordinate those authorities4 7#c7 ,a review of all space traffic management and orbital debris requirements under treaties and other international agreements to which the ,united ,states is a signatory1 and other nonbinding international arrangements in which the ,united ,states participates1 and the manner and extent to which the ,federal ,government complies with those requirements and arrangements4 7#d7 ,an assessment of existing ,federal ,government assets used to conduct space traffic management and space situational awareness4 7#e7 ,an assessment of the risk to space traffic management associated with smallsats and any necessary ,government coordination for their launch and utilization to avoid congestion of the orbital environment and improve space situational awareness4 7#f7 ,an assessment of existing private sector information sharing activities associated with space situational awareness and space traffic management4 7#g7 ,recommendations related to the appropriate framework for the protection of the health1 safety1 and welfare of the public and economic vitality of the space industry4 7d7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives the study required in subsection 7b74 7e7 ,department of ,defense authorities 7#a7 ,sense of ,congress ,it is the sense of ,congress that the ,department of ,defense plays a vital and unique role in protecting national security assets in space4 7#b7 ,rule of construction ,nothing in this section may be construed to affect the authority of the ,secretary of ,defense as it relates to safeguarding the national security4 #aaj4 ,space surveillance and situational awareness data ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,transportation in concurrence with the ,secretary of ,defense shall-- 7#a7 in consultation with the heads of other relevant ,federal agencies1 study the feasibility of processing and releasing safety-related space situational awareness data and information to any entity consistent with national security interests and public safety obligations of the ,united ,states2 and 7#b7 submit a report on the feasibility study to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4 #aaa4 ,consensus standards and extension of certain safety regulation requirements ,section #ejije7;c7 is amended-- 7#a7 in paragraph 7#a71 by inserting ,in general4-- before ,the ,secretary2 7#b7 in paragraph 7#b71 by inserting ,regulations4-- before ,regulations2 7#c7 by striking paragraph 7#c72 7#d7 by redesignating paragraph 7#d7 as paragraph 7#aj72 7#e7 by inserting after paragraph 7#b7 the following3 7#c7 ,facilitation of standards ,the ,secretary shall continue to work with the commercial space sector1 including the ,commercial ,space ,transportation ,advisory ,committee1 or its successor organization1 to facilitate the development of voluntary industry consensus standards based on recommended best practices to improve the safety of crew1 government astronauts1 and space flight participants as the commercial space sector continues to mature4 7#d7 ,communication and transparency ,nothing in this subsection shall be construed to limit the authority of the ,secretary to discuss potential regulatory approaches1 potential performance standards1 or any other topic related to this subsection with the commercial space industry1 including observations1 findings1 and recommendations from the ,commercial ,space ,transportation ,advisory ,committee1 or its successor organization1 prior to the issuance of a notice of proposed rulemaking4 ,such discussions shall not be construed to permit the ,secretary to promulgate industry regulations except as otherwise provided in this section4 7#e7 ,interim voluntary industry consensus standards reports 7,a7 ,in general ,not later than ,december #ca1 #bjaf1 and every #cj months thereafter until ,december #ca1 #bjba1 the ,secretary1 in consultation and coordination with the commercial space sector1 including the ,commercial ,space ,transportation ,advisory ,committee1 or its successor organization1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on the progress of the commercial space transportation industry in developing voluntary industry consensus standards that promote best practices to improve industry safety4 7,b7 ,contents ,the report shall include1 at a minimum-- 7i7 any voluntary industry consensus standards that have been accepted by the industry at large2 7ii7 the identification of areas that have the potential to become voluntary industry consensus standards that are currently under consideration by the industry at large2 7iii7 an assessment from the ,secretary on the general progress of the industry in adopting voluntary industry consensus standards2 7iv7 any lessons learned about voluntary industry consensus standards1 best practices1 and commercial space launch operations2 7v7 any lessons learned associated with the development1 potential application1 and acceptance of voluntary industry consensus standards1 best practices1 and commercial space launch operations2 and 7vi7 recommendations1 findings1 or observations from the ,commercial ,space ,transportation ,advisory ,committee1 or its successor organization1 on the progress of the industry in developing voluntary industry consensus standards that promote best practices to improve industry safety4 7#f7 ,report ,not later than #bgj days after the date of enactment of the ,,space ,act of #bjae1 the ,secretary1 in consultation and coordination with the commercial space sector1 including the ,commercial ,space ,transportation ,advisory ,committee1 or its successor organization1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report specifying key industry metrics that might indicate readiness of the commercial space sector and the ,department of ,transportation to transition to a safety framework that may include regulations under paragraph 7#i7 that considers space flight participant1 government astronaut1 and crew safety4 7#g7 ,reports ,not later than ,march #ca of each of #bjah and #bjbb1 the ,secretary1 in consultation and coordination with the commercial space sector1 including the ,commercial ,space ,transportation ,advisory ,committee1 or its successor organization1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that identifies the activities1 described in this subsection and subsection 7d7 most appropriate for a new safety framework that may include regulatory action1 if any1 and a proposed transition plan for such safety framework4 7#h7 ,independent review ,not later than ,december #ca1 #bjbb1 an independent systems engineering and technical assistance organization or standards development organization contracted by the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives an assessment of the readiness of the commercial space industry and the ,federal ,government to transition to a safety framework that may include regulations4 ,as part of the review1 the contracted organization shall evaluate-- 7,a7 the progress of the commercial space industry in adopting voluntary industry consensus standards as reported by the ,secretary in the interim assessments included in the reports under paragraph 7#e72 7,b7 the progress of the commercial space industry toward meeting the key industry metrics identified by the report under paragraph 7#f71 including the knowledge and operational experience obtained by the commercial space industry while providing services for compensation or hire2 and 7,c7 whether the areas identified in the reports under paragraph 7#e7 are appropriate for regulatory action1 or further development of voluntary industry consensus standards1 considering the progress evaluated in subparagraphs 7,a7 and 7,b7 of this paragraph4 7#i7 ,learning period ,beginning on ,october #a1 #bjbc1 the ,secretary may propose regulations under this subsection without regard to subparagraphs 7,c7 and 7,d7 of paragraph 7#b74 ,the development of any such regulations shall take into consideration the evolving standards of the commercial space flight industry as identified in the reports published under paragraphs 7#e71 7#f71 and 7#g74 2 and 7#f7 in paragraph 7#aj71 as redesignated1 by inserting ,rule of construction4-- before ,nothing4 #aab4 ,government astronauts 7a7 ,findings and purpose ,section #ejija7ae7 is amended by inserting 1 government astronauts1 after crew each place it appears4 7b7 ,sense of ,congress ,the ,national ,aeronautics and ,space ,administration has a need to fly government astronauts 7as defined in section #ejijb of title #ea1 ,united ,states ,code1 as amended7 within commercial launch vehicles and reentry vehicles under chapter #eji of that title4 ,this need was identified by the ,secretary of ,transportation and the ,administrator of the ,national ,aeronautics and ,space ,administration due to the intended use of commercial launch vehicles and reentry vehicles developed under the ,commercial ,crew ,development ,program1 authorized in section #djb of the ,national ,aeronautics and ,space ,administration ,authorization ,act of #bjaj 7#abd ,stat4 #bhbj2 ,public ,law #aaa-bfg74 ,it is the sense of ,congress that the authority delegated to the ,administration by the amendment made by subsection 7d7 of this section should be used for that purpose4 7c7 ,definition of government astronaut ,section #ejijb is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#bb7 as paragraphs 7#g7 through 7#be71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 government astronaut means an individual who-- 7,a7 is designated by the ,national ,aeronautics and ,space ,administration under section #bjaac7n72 7,b7 is carried within a launch vehicle or reentry vehicle in the course of his or her employment1 which may include performance of activities directly relating to the launch1 reentry1 or other operation of the launch vehicle or reentry vehicle2 and 7,c7 is either-- 7i7 an employee of the ,united ,states ,government1 including the uniformed services1 engaged in the performance of a ,federal function under authority of law or an ,executive act2 or 7ii7 an international partner astronaut4 7#e7 international partner astronaut means an individual designated under ,article #aa of the ,international ,space ,station ,intergovernmental ,agreement1 by a partner to that agreement other than the ,united ,states1 as qualified to serve as an ,international ,space ,station crew member4 7#f7 ,international ,space ,station ,intergovernmental ,agreement means the ,agreement ,concerning ,cooperation on the ,international ,space ,station1 signed at ,washington ,january #bi1 #aiih 7,,tias #abibg74 4 7d7 ,powers of the ,national ,aeronautics and ,space ,administration in performance of functions ,section #bjaac is amended by adding at the end the following3 7n7 ,identification of government astronauts ,for purposes of a license issued or transferred by the ,secretary of ,transportation under chapter #eji to launch a launch vehicle or to reenter a reentry vehicle carrying a government astronaut 7as defined in section #ejijb71 the ,administration shall designate a government astronaut in accordance with requirements prescribed by the ,administration4 4 7e7 ,definition of launch ,paragraph 7#g7 of section #ejijb1 as redesignated1 is amended by striking and any payload1 crew1 or space flight participant and inserting and any payload or human being4 7f7 ,definition of launch services ,paragraph 7#i7 of section #ejijb1 as redesignated1 is amended by striking payload1 crew 7including crew training71 or space flight participant and inserting payload1 crew 7including crew training71 government astronaut1 or space flight participant4 7g7 ,definition of reenter and reentry ,paragraph 7#af7 of section #ejijb1 as redesignated1 is amended by striking and its payload1 crew1 or space flight participants1 if any1 and inserting and its payload or human beings1 if any14 7h7 ,definition of reentry services ,paragraph 7#ag7 of section #ejijb1 as redesignated1 is amended by striking payload1 crew 7including crew training71 or space flight participant1 if any1 and inserting payload1 crew 7including crew training71 government astronaut1 or space flight participant1 if any14 7i7 ,definition of space flight participant ,paragraph 7#bj7 of section #ejijb1 as redesignated1 is amended to read as follows3 7#bj7 space flight participant means an individual1 who is not crew or a government astronaut1 carried within a launch vehicle or reentry vehicle4 4 7j7 ,definition of third party ,paragraph 7#bd77;,e7 of section #ejijb1 as redesignated1 is amended by inserting 1 government astronauts1 after crew4 7k7 ,restrictions on launches1 operations1 and reentries2 single license or permit ,section #ejijd7;d7 is amended by striking activities involving crew or space flight participants and inserting activities involving crew1 government astronauts1 or space flight participants4 7l7 ,license applications and requirements2 applications ,section #ejije is amended-- 7#a7 in subsection 7a77#b71 by striking crews and space flight participants and inserting crew1 government astronauts1 and space flight participants2 7#b7 in subsection 7b77#b77;,d71 by striking crew or space flight participants and inserting crew1 government astronauts1 or space flight participants2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking crew and space flight participants and inserting crew1 government astronauts1 and space flight participants2 and 7,b7 in paragraph 7#b71 by striking to crew or space flight participants each place it appears and inserting to crew1 government astronauts1 or space flight participants4 7m7 ,monitoring activities ,section #ejijg7;a7 is amended by striking at a site used for crew or space flight participant training and inserting at a site not owned or operated by the ,federal ,government or a foreign government used for crew1 government astronaut1 or space flight participant training4 7n7 ,additional suspensions ,section #ejijh7;d77#a7 is amended by striking to crew or space flight participants each place it appears and inserting to any human being4 7o7 ,relationship to other executive agencies1 laws1 and international obligations2 nonapplication ,section #ejiai7;g7 is amended to read as follows3 7g7 ,nonapplication 7#a7 ,in general ,this chapter does not apply to-- 7,a7 a launch1 reentry1 operation of a launch vehicle or reentry vehicle1 operation of a launch site or reentry site1 or other space activity the ,government carries out for the ,government2 or 7,b7 planning or policies related to the launch1 reentry1 operation1 or activity under subparagraph 7,a74 7#b7 ,rule of construction ,the following activities are not space activities the ,government carries out for the ,government under paragraph 7#a73 7,a7 ,a government astronaut being carried within a launch vehicle or reentry vehicle under this chapter4 7,b7 ,a government astronaut performing activities directly relating to the launch1 reentry1 or other operation of the launch vehicle or reentry vehicle under this chapter4 4 #aac4 ,streamline commercial space launch activities 7a7 ,sense of ,congress ,it is the sense of ,congress that eliminating duplicative requirements and approvals for commercial launch and reentry operations will promote and encourage the development of the commercial space sector4 7b7 ,reaffirmation of policy ,congress reaffirms that the ,secretary of ,transportation1 in overseeing and coordinating commercial launch and reentry operations1 should-- 7#a7 promote commercial space launches and reentries by the private sector2 7#b7 facilitate ,government1 ,state1 and private sector involvement in enhancing ,u4,s4 launch sites and facilities2 7#c7 protect public health and safety1 safety of property1 national security interests1 and foreign policy interests of the ,united ,states2 and 7#d7 consult with the head of another executive agency1 including the ,secretary of ,defense or the ,administrator of the ,national ,aeronautics and ,space ,administration1 as necessary to provide consistent application of licensing requirements under chapter #eji of title #ea1 ,united ,states ,code4 7c7 ,requirements 7#a7 ,in general ,the ,secretary of ,transportation under section #ejiah of title #ea1 ,united ,states ,code1 and subject to section #ejije7;b77#b77;,c7 of that title1 shall consult with the ,secretary of ,defense1 the ,administrator of the ,national ,aeronautics and ,space ,administration1 and the heads of other executive agencies1 as appropriate-- 7,a7 to identify all requirements that are imposed to protect the public health and safety1 safety of property1 national security interests1 and foreign policy interests of the ,united ,states relevant to any commercial launch of a launch vehicle or commercial reentry of a reentry vehicle2 and 7,b7 to evaluate the requirements identified in subparagraph 7,a7 and1 in coordination with the licensee or transferee and the heads of the relevant executive agencies-- 7i7 determine whether the satisfaction of a requirement of one agency could result in the satisfaction of a requirement of another agency2 and 7ii7 resolve any inconsistencies and remove any outmoded or duplicative requirements or approvals of the ,federal ,government relevant to any commercial launch of a launch vehicle or commercial reentry of a reentry vehicle4 7#b7 ,reports ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter until the ,secretary of ,transportation determines no outmoded or duplicative requirements or approvals of the ,federal ,government exist1 the ,secretary of ,transportation1 in consultation with the ,secretary of ,defense1 the ,administrator of the ,national ,aeronautics and ,space ,administration1 the commercial space sector1 and the heads of other executive agencies1 as appropriate1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the congressional defense committees a report that includes the following3 7,a7 ,a description of the process for the application for and approval of a permit or license under chapter #eji of title #ea1 ,united ,states ,code1 for the commercial launch of a launch vehicle or commercial reentry of a reentry vehicle1 including the identification of-- 7i7 any unique requirements for operating on a ,united ,states ,government launch site1 reentry site1 or launch property2 and 7ii7 any inconsistent1 outmoded1 or duplicative requirements or approvals4 7,b7 ,a description of current efforts1 if any1 to coordinate and work across executive agencies to define interagency processes and procedures for sharing information1 avoiding duplication of effort1 and resolving common agency requirements4 7,c7 ,recommendations for legislation that may further-- 7i7 streamline requirements in order to improve efficiency1 reduce unnecessary costs1 resolve inconsistencies1 remove duplication1 and minimize unwarranted constraints2 and 7ii7 consolidate or modify requirements across affected agencies into a single application set that satisfies the requirements identified in paragraph 7#a77;,a74 7#c7 ,definitions ,for purposes of this subsection-- 7,a7 any applicable definitions set forth in section #ejijb of title #ea1 ,united ,states ,code1 shall apply2 7,b7 the terms launch1 reenter1 and reentry include landing of a launch vehicle or reentry vehicle2 and 7,c7 the terms ,united ,states ,government launch site and ,united ,states ,government reentry site include any necessary facility1 at that location1 that is commercially operated on ,united ,states ,government property4 #aad4 ,operation and utilization of the ,,iss 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 maximum utilization of partnerships1 scientific research1 commercial applications1 and exploration test bed capabilities of the ,,iss is essential to ensuring the greatest return on investments made by the ,united ,states and its international partners in the development1 assembly1 and operations of that unique facility2 and 7#b7 every effort should be made to ensure that decisions regarding the service life of the ,,iss are based on the station's projected capability to continue providing effective and productive research and exploration test bed capabilities4 7b7 ,continuation of the ,international ,space ,station 7#a7 ,in general ,section #eja of the ,national ,aeronautics and ,space ,administration ,authorization ,act of #bjaj 7#db ,u4,s4,c4 #ahcea7 is amended-- 7,a7 in the heading1 by striking through #bjbj2 and 7,b7 in subsection 7a71 by striking through at least #bjbj and inserting through at least #bjbd4 7#b7 ,maintenance of the ,united ,states segment and assurance of continued operations of the ,international ,space ,station ,section #ejc of the ,national ,aeronautics and ,space ,administration ,authorization ,act of #bjaj 7#db ,u4,s4,c4 #ahcec7 is amended-- 7,a7 in subsection 7a71 by striking through at least ,september #cj1 #bjbj and inserting through at least ,september #cj1 #bjbd2 and 7,b7 in subsection 7b77#a71 by striking ,in carrying out subsection 7a71 the ,administrator and inserting ,the ,administrator4 7#c7 ,research capacity allocation and integration of research payloads ,section #ejd7;d7 of the ,national ,aeronautics and ,space ,administration ,authorization ,act of #bjaj 7#db ,u4,s4,c4 #ahced7;d77 is amended by striking ,september #cj1 #bjbj each place it appears and inserting at least ,september #cj1 #bjbd4 7#d7 ,maintaining use through at least #bjbd ,section #gjijg is amended to read as follows3 #gjijg4 ,maintaining use through at least #bjbd 7a7 ,policy ,the ,administrator shall take all necessary steps to ensure that the ,international ,space ,station remains a viable and productive facility capable of potential ,united ,states utilization through at least ,september #cj1 #bjbd4 7b7 ,,nasa actions ,in furtherance of the policy under subsection 7a71 the ,administrator shall ensure1 to the extent practicable1 that the ,international ,space ,station1 as a designated national laboratory-- 7#a7 remains viable as an element of overall exploration and partnership strategies and approaches2 7#b7 is considered for use by all ,,nasa mission directorates1 as appropriate1 for technically appropriate scientific data gathering or technology risk reduction demonstrations2 and 7#c7 remains an effective1 functional vehicle providing research and test bed capabilities for the ,united ,states through at least ,september #cj1 #bjbd4 4 7#e7 ,technical and conforming amendments 7,a7 ,table of contents of #bjaj ,act ,the item relating to section #eja in the table of contents in section #a7;b7 of the ,national ,aeronautics and ,space ,administration ,authorization ,act of #bjaj 7#abd ,stat4 #bhjf7 is amended by striking through #bjbj4 7,b7 ,table of contents of chapter #gji ,the table of contents for chapter #gji is amended by amending the item relating to section #gjijg to read as follows3 #gjijg4 ,maintaining use through at least #bjbd4 4 #aae4 ,state commercial launch facilities 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ,state involvement1 development1 ownership1 and operation of launch facilities can enable growth of the ,nation's commercial suborbital and orbital space endeavors and support both commercial and ,government space programs2 7#b7 ,state launch facilities and the people and property in the affected launch areas of those facilities may be subject to risks resulting from an activity carried out under a license under chapter #eji of title #ea1 ,united ,states ,code2 and 7#c7 to ensure the success of the commercial launch industry and the safety of the people and property in the affected launch areas of those facilities1 ,states and ,state launch facilities should seek to take proper measures to protect themselves1 to the extent of their potential liability for involvement in launch services or reentry services1 and compensate third parties for possible death1 bodily injury1 or property damage or loss resulting from an activity carried out under a license under chapter #eji of title #ea1 ,united ,states ,code1 to which the ,state or ,state launch facility is involved in the launch services or reentry services4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on the potential inclusion of all government property1 including ,state and municipal property1 in the existing indemnification regime established under section #ejiad of title #ea1 ,united ,states ,code4 #aaf4 ,space support vehicles study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on the use of space support vehicle services in the commercial space industry4 7b7 ,contents ,this report shall include-- 7#a7 the extent to which launch providers rely on such services as part of their business models2 7#b7 the statutory1 regulatory1 and market barriers to the use of such services2 and 7#c7 recommendations for legislative or regulatory action that may be needed to ensure reduced barriers to the use of such services if such use is a requirement of the industry4 #aag4 ,space launch system update 7a7 ,in general ,chapter #gja is amended-- 7#a7 in the heading by striking space shuttle and inserting space launch system2 7#b7 in section #gjaja-- 7,a7 in the heading1 by striking space shuttle and inserting space launch system2 and 7,b7 by striking space shuttle and inserting space launch system2 7#c7 by amending section #gjajb to read as follows3 #gjajb4 ,space launch system use policy 7a7 ,in general ,the ,space ,launch ,system may be used for the following circumstances3 7#a7 ,payloads and missions that contribute to extending human presence beyond low-,earth orbit and substantially benefit from the unique capabilities of the ,space ,launch ,system4 7#b7 ,other payloads and missions that substantially benefit from the unique capabilities of the ,space ,launch ,system4 7#c7 ,on a space available basis1 ,federal ,government or educational payloads that are consistent with ,,nasa's mission for exploration beyond low-,earth orbit4 7#d7 ,compelling circumstances1 as determined by the ,administrator4 7b7 ,agreements with foreign entities ,the ,administrator may plan1 negotiate1 or implement agreements with foreign entities for the launch of payloads for international collaborative efforts relating to science and technology using the ,space ,launch ,system4 7c7 ,compelling circumstances ,not later than #cj days after the date the ,administrator makes a determination under subsection 7a77#d71 the ,administrator shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science of the ,house of ,representatives written notification of the ,administrator's intent to select the ,space ,launch ,system for a specific mission under that subsection1 including justification for the determination4 2 7#d7 in section #gjajc-- 7,a7 in the heading1 by striking space shuttle and inserting space launch system2 and 7,b7 in subsection 7b71 by striking space shuttle each place it appears and inserting space launch system2 and 7#e7 by adding at the end the following3 #gjajd4 ,definition of ,space ,launch ,system ,in this chapter1 the term ,space ,launch ,system means the ,space ,launch ,system authorized under section #cjb of the ,national ,aeronautics and ,space ,administration ,authorization ,act of #bjaj 7#db ,u4,s4,c4 #ahcbb74 4 7b7 ,technical and conforming amendments 7#a7 ,table of chapters ,the table of chapters of title #ea is amended by amending the item relating to chapter #gja to read as follows3 #gja4 ,use of space launch system or alternatives#gjaja 4 7#b7 ,table of contents of chapter #gja ,the table of contents of chapter #gja is amended-- 7,a7 in the item relating to section #gjaja1 by striking space shuttle and inserting space launch system2 7,b7 in the item relating to section #gjajb1 by striking ,space shuttle and inserting ,space launch system2 7,c7 in the item relating to section #gjajc1 by striking space shuttle and inserting space launch system2 and 7,d7 by adding at the end the following3 #gjajd4 ,definition of ,space ,launch ,system4 4 7#c7 ,requirement to procure commercial space transportation services ,section #ejaca7;a7 of chapter #ea is amended by inserting or in section #gjajb after in this section4 ,,ii ,commercial remote sensing #bja4 ,annual reports 7a7 ,in general ,subchapter ,,iii of chapter #fja is amended by adding at the end the following3 #fjabf4 ,annual reports 7a7 ,in general ,the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives not later than #ahj days after the date of enactment of the ,u4,s4 ,commercial ,space ,launch ,competitiveness ,act1 and annually thereafter1 on-- 7#a7 the ,secretary's implementation of section #fjaba1 including-- 7,a7 a list of all applications received in the previous calendar year2 7,b7 a list of all applications that resulted in a license under section #fjaba2 7,c7 a list of all applications denied and an explanation of why each application was denied1 including any information relevant to the interagency adjudication process of a licensing request2 7,d7 a list of all applications that required additional information2 and 7,e7 a list of all applications whose disposition exceeded the #abj day deadline established in section #fjaba7;c71 the total days overdue for each application that exceeded such deadline1 and an explanation for the delay2 7#b7 all notifications and information provided to the ,secretary under section #fjabb2 and 7#c7 a description of all actions taken by the ,secretary under the administrative authority granted by paragraphs 7#d71 7#e71 and 7#f7 of section #fjabc7;a74 7b7 ,classified annexes ,each report under subsection 7a7 may include classified annexes as necessary to protect the disclosure of sensitive or classified information4 7c7 ,sunset ,the reporting requirement under this section terminates effective ,september #cj1 #bjbj4 4 7b7 ,table of contents ,the table of contents of chapter #fja is amended by inserting after the item relating to section #fjabe the following3 #fjabf4 ,annual reports4 4 #bjb4 ,statutory update report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,commerce1 in consultation with the heads of other appropriate ,federal agencies and the ,national ,oceanic and ,atmospheric ,administration's ,advisory ,committee on ,commercial ,remote ,sensing1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on statutory updates necessary to license private remote sensing space systems4 ,in preparing the report1 the ,secretary shall take into account the need to protect national security while maintaining ,united ,states private sector leadership in the field1 and reflect the current state of the art of remote sensing systems1 instruments1 or technologies4 ,,iii ,office of space commerce #cja4 ,renaming of office of space commercialization 7a7 ,chapter heading 7#a7 ,amendment ,the heading for chapter #ejg is amended by striking ,commercialization and inserting ,commerce4 7#b7 ,conforming amendment ,the item relating to chapter #ejg in the table of chapters for title #ea is amended by striking ,commercialization and inserting ,commerce4 7b7 ,definition of office ,section #ejgja is amended by striking ,commercialization and inserting ,commerce4 7c7 ,renaming ,section #ejgjb7;a7 is amended by striking ,commercialization and inserting ,commerce4 #cjb4 ,functions of the office of space commerce ,section #ejgjb7;c7 is amended by striking ,commerce4 and inserting ,commerce1 including-- 7#a7 to foster the conditions for the economic growth and technological advancement of the ,united ,states space commerce industry2 7#b7 to coordinate space commerce policy issues and actions within the ,department of ,commerce2 7#c7 to represent the ,department of ,commerce in the development of ,united ,states policies and in negotiations with foreign countries to promote ,united ,states space commerce2 7#d7 to promote the advancement of ,united ,states geospatial technologies related to space commerce1 in cooperation with relevant interagency working groups2 and 7#e7 to provide support to ,federal ,government organizations working on ,space-,based ,positioning ,navigation1 and ,timing policy1 including the ,national ,coordination ,office for ,space-,based ,position1 ,navigation1 and ,timing4 4 ,,iv ,space resource exploration and utilization #dja4 ,short title ,this title may be cited as the ,space ,resource ,exploration and ,utilization ,act of #bjae4 #djb4 ,title #ea amendment 7a7 ,in general ,subtitle ,v is amended by adding at the end the following3 #eac ,space resource commercial exploration and utilization ,sec4#eacja4 ,definitions4#eacjb4 ,commercial exploration and commercial recovery4#eacjc4 ,asteroid resource and space resource rights4 #eacja4 ,definitions ,in this chapter3 7#a7 ,asteroid resource ,the term asteroid resource means a space resource found on or within a single asteroid4 7#b7 ,space resource 7,a7 ,in general ,the term space resource means an abiotic resource in situ in outer space4 7,b7 ,inclusions ,the term space resource includes water and minerals4 7#c7 ,united ,states citizen ,the term ,united ,states citizen has the meaning given the term citizen of the ,united ,states in section #ejijb4 #eacjb4 ,commercial exploration and commercial recovery 7a7 ,in general ,the ,president1 acting through appropriate ,federal agencies1 shall-- 7#a7 facilitate commercial exploration for and commercial recovery of space resources by ,united ,states citizens2 7#b7 discourage government barriers to the development in the ,united ,states of economically viable1 safe1 and stable industries for commercial exploration for and commercial recovery of space resources in manners consistent with the international obligations of the ,united ,states2 and 7#c7 promote the right of ,united ,states citizens to engage in commercial exploration for and commercial recovery of space resources free from harmful interference1 in accordance with the international obligations of the ,united ,states and subject to authorization and continuing supervision by the ,federal ,government4 7b7 ,report ,not later than #ahj days after the date of enactment of this section1 the ,president shall submit to ,congress a report on commercial exploration for and commercial recovery of space resources by ,united ,states citizens that specifies-- 7#a7 the authorities necessary to meet the international obligations of the ,united ,states1 including authorization and continuing supervision by the ,federal ,government2 and 7#b7 recommendations for the allocation of responsibilities among ,federal agencies for the activities described in paragraph 7#a74 #eacjc4 ,asteroid resource and space resource rights ,a ,united ,states citizen engaged in commercial recovery of an asteroid resource or a space resource under this chapter shall be entitled to any asteroid resource or space resource obtained1 including to possess1 own1 transport1 use1 and sell the asteroid resource or space resource obtained in accordance with applicable law1 including the international obligations of the ,united ,states4 4 7b7 ,table of chapters ,the table of chapters for title #ea is amended by adding at the end of the items for subtitle ,v the following3 #eac4,space resource commercial exploration and utilization#eacja 4 #djc4 ,disclaimer of extraterritorial sovereignty ,it is the sense of ,congress that by the enactment of this ,act1 the ,united ,states does not thereby assert sovereignty or sovereign or exclusive rights or jurisdiction over1 or the ownership of1 any celestial body4 ,secretary