#aadth ,,congress #ast ,session ,s4 #abig ,,an ,,act ,to update the ,commercial ,space ,launch ,act by amending title #ea1 ,united ,states ,code1 to promote competitiveness of the ,u4,s4 commercial space sector1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,u4,s4 ,commercial ,space ,launch ,competitiveness ,act4 #b4 ,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 #c4 ,liability insurance and financial responsibility requirements 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 ,september #cj1 #bjae1 the ,secretary of ,transportation1 in consultation with the commercial space sector and insurance providers1 shall-- 7#a7 evaluate and1 if necessary1 develop a plan to update the methodology used to calculate the maximum probable loss from claims under section #ejiad of title #ea1 ,united ,states ,code2 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 #d4 ,launch liability extension ,section #ejiae7;f7 is amended by striking ,december #ca1 #bjaf and inserting ,december #ca1 #bjbj4 #e4 ,commercial space launch licensing and experimental permits ,section #ejijf is amended-- 7#a7 in subsection 7d71 by striking launched or reentered and inserting launched or reentered under that permit2 7#b7 by amending subsection 7d77#a7 to read as follows3 7#a7 research and development to test design concepts1 equipment1 or operating techniques2 2 7#c7 in subsection 7d77#c7 by striking prior to obtaining a license2 7#d7 in subsection 7e77#a7 by striking suborbital rocket design and inserting suborbital rocket or suborbital rocket design2 and 7#e7 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 4 #f4 ,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 #g4 ,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 oversight authorities for the activities described in paragraph 7#a72 7#c7 recommend an oversight approach that would prioritize safety1 utilize existing authorities1 minimize burdens1 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 assessment and recommended approaches4 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 #h4 ,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 #i4 ,extension of certain safety regulation requirements 7a7 ,extension of certain safety regulation requirements ,section #ejije7;c77#c7 is amended by striking ,beginning on ,october #a1 #bjae and inserting ,beginning on ,october #a1 #bjbj4 7b7 ,construction ,section #ejije7;c7 is amended by adding at the end the following3 7#e7 ,nothing in this subsection shall be construed to limit the authority of the ,secretary to discuss potential regulatory approaches with the commercial space sector1 including observations1 findings1 and recommendations from the ,commercial ,space ,transportation ,advisory ,committee1 prior to the issuance of a notice of proposed rulemaking4 4 7c7 ,report ,not later than #bgj days after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the commercial space sector1 including the ,commercial ,space ,transportation ,advisory ,committee1 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 regulatory approach under section #ejije7;c77#c7 of title #ea1 ,united ,states ,code1 that considers space flight participant1 government astronaut1 and crew safety4 7d7 ,biennial report ,beginning on ,december #ca1 #bjaf1 and biennially thereafter1 the ,secretary of ,transportation1 in consultation and coordination with the commercial space sector1 including the ,commercial ,space ,transportation ,advisory ,committee1 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 subsections 7c7 and 7d7 of section #ejije of title #ea1 ,united ,states ,code1 most appropriate for regulatory action1 if any1 and a proposed transition plan for such regulations4 #aj4 ,industry voluntary consensus standards 7a7 ,industry voluntary consensus standards ,section #ejije7;c71 as amended in section #i of this ,act1 is further amended by adding at the end the following3 7#f7 ,the ,secretary shall continue to work with the commercial space sector1 including the ,commercial ,space ,transportation ,advisory ,committee1 to facilitate the development of voluntary 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 4 7b7 ,biennial report ,beginning on ,december #ca1 #bjaf1 and biennially thereafter1 the ,secretary of ,transportation1 in consultation and coordination with the commercial space sector1 including the ,commercial ,space ,transportation ,advisory ,committee1 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 detailing progress on the development of industry voluntary consensus standards under section #ejije7;c77#f7 of title #ea1 ,united ,states ,code4 #aa4 ,government astronauts 7a7 ,findings and purpose ,section #ejija7ae7 is amended by inserting 1 government astronauts1 after crew each place it appears4 7b7 ,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 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 astronaut2 7,b7 is identified by the ,administrator of the ,national ,aeronautics and ,space ,administration2 7,c7 is carried within a launch vehicle or reentry vehicle2 and 7,d7 may perform or may not perform activities directly relating to the launch1 reentry1 or other operation of the launch vehicle or reentry vehicle4 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 7c7 ,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 7d7 ,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 7e7 ,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 7f7 ,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 7g7 ,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 7h7 ,definition of third party ,paragraph 7#bd77;,e7 of section #ejijb1 as redesignated1 is amended by inserting 1 government astronauts1 after crew4 7i7 ,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 7j7 ,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 7k7 ,monitoring activities ,section #ejijg7;a7 is amended by striking crew or space flight participant training and inserting crew1 government astronaut1 or space flight participant training4 7l7 ,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 7m7 ,enforcement and penalty ,section #ejiag7;b77#a77;,d77i7 is amended by striking crew or space flight participant training site1 and inserting crew1 government astronaut1 or space flight participant training site14 7n7 ,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 7o7 ,rule of construction ,nothing in this ,act1 or the amendments made by this ,act1 may be construed to modify or affect any law relating to astronauts4 #ab4 ,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 #ac4 ,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 ,passed the ,senate ,august #d1 #bjae4,secretary