[Senate Report 114-88]
[From the U.S. Government Publishing Office]
114th Congress ] [ REPORT
1st Session ] SENATE [ 114-88
_______________________________________________________________________
. Calendar No. 159
U.S. COMMERCIAL SPACE LAUNCH
COMPETITIVENESS ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1297
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 22, 2015.--Ordered to be printed
___________
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON :
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
David Schwietert, Staff Director
Nick Rossi, Deputy Staff Director
Rebecca Seidel, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 159
114th Congress Report
SENATE
1st Session 114-88
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U.S. COMMERCIAL SPACE LAUNCH COMPETITIVENESS ACT
_______
July 22, 2015.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1297]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1297) to update the Commercial
Space Launch Act by amending title 51, United States Code, to
promote competitiveness of the U.S. commercial space sector,
and for other purposes, having considered the same, reports
favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1297, the U.S. Commercial Space Launch
Competitiveness Act of 2015, as reported, is to update the
Commercial Space Launch Act by amending title 51, United States
Code, to promote competitiveness of the U.S. commercial space
sector, and for other purposes.
Background and Needs
On January 25, 1984, President Reagan stated in his State
of the Union address that the market for space transportation
could surpass our capacity to develop it, and that companies
interested in putting payloads into space must have access to
private sector launch services. President Reagan issued
Executive Order 12465, which designated the Department of
Transportation (DOT) to take the lead on encouraging and
facilitating commercial space activities by the private sector.
Soon thereafter, Congress passed the Commercial Space Launch
Act of 1984 (CSLA) (P.L. 98-575). The CSLA has been amended
several times, most notably in 1988 and 2004, with the creation
of an indemnification risk sharing regime and a learning period
allowing the industry time to mature before additional
regulations could be imposed. In addition to laying out the
licensure process to ensure the safety of launches, the CSLA
provides authority to the Secretary of Transportation
(Secretary) to indemnify a launch provider from third-party
claims, subject to additional appropriations and after the
provider's insurance is exhausted, should an accident occur.
S. 1297 would provide necessary updates to the CSLA that
reflect the needs of a growing U.S. commercial human space
flight industry that is continuing to develop and mature. The
bill would encourage the competitiveness of the U.S. commercial
space industry in the global commercial space marketplace.
The U.S. commercial human space flight industry continues
to work toward a future of providing safe trips to and from
space for paying customers on a regular basis. In many cases,
launch vehicles that could transport humans could have other
commercial applications, such as the transportation of cargo,
commercial remote sensing, microgravity research, and
atmospheric research. The industry has made much progress over
the last decade, from flight tests to regular cargo resupply
missions to the International Space Station (ISS).
The Office of Commercial Space Transportation was first
established by the CSLA as part of the Office of the Secretary
of Transportation. In 1995, the office was transferred to the
Federal Aviation Administration (FAA), laying the groundwork
for a regulatory regime for FAA-licensed commercial space
launches. Now known by the acronym ``AST,'' derived from the
Associate Administrator for Commercial Space Transportation,
the purpose of the office is to regulate the U.S. commercial
space transportation industry, ensure compliance with
applicable international obligations of the United States, and
to protect the public health, safety, safety of property, and
national security and foreign policy interests of the United
States. In doing so, AST issues licenses and permits for
commercial launch and reentry activities, as well as the
operation of launch and reentry sites within the United States
or as carried out by U.S. citizens. By contrast, the National
Aeronautics and Space Administration (NASA) is not a regulatory
agency; so, while NASA has funded some development of
commercial space vehicles, the FAA (as designated by the
Secretary) is the regulatory authority for licensure of
commercial space launch activities.
As activity in the commercial launch industry has increased
in recent years, the FAA has started to consider the potential
for an expansion of its licensing and regulatory activities
regarding commercial space flights. Under current law, however,
the FAA is constrained from proposing or implementing new
regulations governing commercial space flight that would affect
the operations of the crew transportation capabilities
currently under development. The moratorium on such regulations
during the industry's ``learning period'' was first enacted
under section 2(c) of the CSLA Amendments of 2004 (118 Stat.
3977), and in 2012 was extended through September 30, 2015 (51
U.S.C. 50905(c)), with the rationale that FAA regulatory
burdens on the relatively new and rapidly evolving commercial
space launch industry could slow innovation, particularly when
it remains to be clear which areas the FAA should regulate.
Congress has indicated it wants the FAA to be in discussions
with industry regarding safety, and excepted from this
regulatory moratorium are potential new regulations on vehicle
design or operation that stem from design issues that have
contributed to a serious or fatal accident. Additionally, space
flight participants participate under an informed consent risk
regime. Current restrictions on FAA regulation authority apply
only to those regulations intended to protect the safety of
crew and spaceflight participants, and this legislation would
add government astronauts. There are no such restrictions on
regulations protecting the safety of the uninvolved public.
The current commercial space launch indemnification for
third-party losses resulting from launch-related activities
dates back to 1988. Congress has extended the indemnification
authority seven times since the original enactment. To date,
this indemnification risk sharing regime has never been
activated. The current extension expires on December 31, 2016
(51 U.S.C. 50915(f)). Other countries with launch activities
provide similar launch indemnity programs. However, according
to the Government Accountability Office testimony before the
Subcommittee on Space of the Committee on Science, Space, and
Technology of the House of Representative on February 4, 2014,
as of July 2012, the United States provided less third party
liability coverage than China, France, or Russia, the primary
countries that have conducted commercial space launches in the
last 5 years. These countries each had an indemnification
regime in which the government states that it would assume an
even greater share of the risk compared to that of the United
States because each country had a two-tiered system with no
limit on the amount of government indemnification.
Under the current risk mitigation regime, the operator is
responsible for damage to: (1) third parties, which Congress
has defined as persons not involved in the launch or reentry;
and (2) damage to Government property. Operators must maintain
minimum levels of financial responsibility by insurance or
otherwise in an amount that would cover the maximum probable
loss (MPL) from third-party claims as calculated by the FAA.
The FAA's regulations define the MPL (the first tier of risk)
to mean the greatest dollar amount of loss for bodily injury or
property damage that is reasonably expected to result from a
licensed or permitted activity. An operator's responsibility
for the risk of the MPL is limited to no more than $500 million
for potential third party liability and no more than $100
million for damage to government property. Indemnified damages
above the MPL would be covered only by additional
appropriations. The Government's liability for third party
claims above the MPL amount is capped at $1.5 billion in 1989
dollars, adjusted for inflation. Claims above this threshold
revert back to the licensee.
Summary of Provisions
S. 1297 would extend the existing liability indemnification
regime for the commercial space transportation industry for a
period of four years through 2020. The bill also would require
the Secretary, in consultation with the commercial space sector
and insurance providers, to evaluate the methodology used to
calculate the MPL and, if necessary, develop a plan to update
the methodology.
S. 1297 also would extend the regulatory moratorium
(existing industry ``learning period'') for a period of five
years. The bill would provide statutory construction to clarify
that the Secretary is authorized to discuss potential
regulatory approaches with the commercial space sector during
the learning period prior to issuance of any proposed rules
when authorized. It is the intent of the Committee that the
commercial space industry continue to develop voluntary
consensus standards even before regulatory authority is vested
to the Secretary and, as such, the bill would direct the
Secretary to facilitate such voluntary consensus standards
development as the commercial space sector continues to mature.
The Committee recognizes that while Congress can, from time
to time, extend the learning period, there may be objective
metrics that would indicate a proper level of maturity for the
commercial space industry to be fit for regulation. S. 1297
would direct the Secretary, in consultation with the commercial
space sector, to submit to the appropriate committees of
Congress a report specifying such metrics for consideration.
The Committee also recognizes that the FAA has not been
clear about which areas the agency should regulate first if it
had more authority. To prevent regulatory uncertainty, and to
provide Congress with foresight as to what the FAA would do
with more regulatory authority, the bill would direct the
Secretary to report every two years to the appropriate
committees of Congress the commercial space activities most
appropriate for regulatory action, if any, and a proposed
transition plan for such regulations. At least two such reports
would be produced within the window of the extended learning
period to inform Congress as to the appropriateness of any
disposition of the learning period in the future.
S. 1297 also would require the Secretary to submit a report
to Congress for streamlining the licensing and permitting of
hybrid rocket systems. Further, the bill would amend current
law to ensure that an experimental permit for a suborbital
rocket or suborbital rocket design would not be automatically
invalidated when a license is issued for launch or reentry of
that same design.
In addition, the bill would direct the White House Office
of Science and Technology Policy (OSTP) to recommend approaches
for oversight of commercial non-governmental activities
conducted in space. The bill also would require the Secretary,
in concurrence with the Secretary of Defense, to report on the
feasibility of processing and releasing space situational
awareness data.
Further, the bill would define government astronauts as a
separate class of individuals that includes certain government
employees or an international partner astronaut, who are
carried within a launch vehicle or reentry vehicle. The bill
also would require the Secretary to report to Congress on
recommendations to streamline regulations for commercial launch
and reentry operations. Finally, the bill would authorize NASA
to extend the operation of the ISS through at least 2024.
Legislative History
Senator Ted Cruz (R-TX), the chairman of the Space,
Science, and Competitiveness Subcommittee of the Committee on
Commerce, Science, and Transportation of the Senate introduced
S. 1297 on May 12, 2015. The bill's original co-sponsors
included Ranking Member Bill Nelson (D-FL) and Senators Gary
Peters (D-MI), Marco Rubio (R-FL), and Cory Gardner (R-CO). The
bill is also cosponsored by Senator Tom Udall (D-NM). S. 1297
was referred to the Committee on May 12, 2015.
On February 24, 2015, Senator Cruz, as chairman of the
subcommittee, held a hearing entitled, ``U.S. Human Exploration
Goals and Commercial Space Competitiveness.'' At the hearing
the subcommittee examined, among other issues, the role of the
commercial space industry and its contributions to U.S. global
competitiveness, as well as necessary updates to the CSLA.
On May 20, 2015, the Committee met in open Executive
Session and by voice vote ordered S. 1297 to be reported
favorably with an amendment in the nature of a substitute. An
amendment submitted by Senator Wicker was accepted by voice
vote. That amendment would insert at the end of section 6 of
the Act language directing that the report required by the
section also include an assessment of the use of existing
private and government test infrastructure, as appropriate, in
future licensing activities,
The Majority Leader of the House of Representatives Kevin
McCarthy (R-CA), along with Science, Space, and Technology
Committee of the House of Representatives Chairman Lamar Smith
(R-TX), Representatives Steven Palazzo (R-MS), and ten
additional cosponsors, introduced H.R. 2262, the Spurring
Private Aerospace Competitiveness and Entrepreneurship Act
(SPACE Act) of 2015 on May 12, 2015, which includes some
similar provisions as S. 1297. The legislation was reported
favorably by the Science, Space, and Technology Committee of
the House of Representatives by a vote of 18 to 13 on May 13,
2015. The introduced version of the SPACE Act would have
extended the regulatory moratorium (existing industry
``learning period'') through 2023; however, an amendment
offered at markup by Representative Steve Knight (R-CA) was
accepted by a vote of 18 to 12 that would further extend the
learning period through 2025. On May 18, 2015, the Rules
Committee of the House of Representative attached to the SPACE
Act three other commercial space related bills (H.R. 1508, H.R.
2261, and H.R. 2263) that also passed the Science, Space and
Technology Committee of the House of Representatives on May 13,
2015. On May 21, 2015, the House of Representatives approved by
a vote of 284 to 133 the SPACE Act, which included the
additional three bills as one combined package, and then the
bill was referred to the Senate.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1297--U.S. Commercial Space Launch Competitiveness Act
S. 1297 would authorize the National Aeronautics and Space
Administration (NASA) to continue to maintain and operate the
International Space Station (ISS) through 2024. Currently, NASA
is authorized to engage in those activities through 2020. The
legislation would require the Department of Transportation
(DOT) and NASA to submit various reports to the Congress
regarding commercial space operations and services, industry
practices, as well as to assess potential liabilities
associated with commercial space launches. In addition, the
legislation would allow greater flexibility to private firms
seeking launch licenses from DOT and it would encourage
advances in launch safety regulations.
CBO estimates that implementing S. 1297 would cost less
than $500,000 over the 2016-2020 period and about $14.3 billion
over the 2016-2025 period, assuming appropriation of the
necessary amounts. Enacting S. 1297 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
S. 1297 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effects of S. 1297 are shown in the following table.
The costs of this legislation fall within budget function 250
(general science, space, and technology).
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By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2016-2020 2016-2025
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NET CHANGES IN SPENDING SUBJECT TO APROPRIATION
Estimated Authorization Level........................... * 0 0 0 0 3,470 3,549 3,627 3,710 0 0 14,356
Estimated Outlays....................................... * 0 0 0 0 2,568 3,459 3,605 3,687 963 0 14,282
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Note: * = Less than $500,000.
Basis of estimate: S. 1297 would authorize NASA to continue
the ISS program during the 2020-2024 period. In 2014, NASA
spent about $3 billion on ISS operations. CBO's estimate of the
cost to continue ISS operations are based on historical funding
and spending patterns, including an adjustment for anticipated
inflation. Currently, NASA is authorized to fund the ISS
through FY 2020; therefore additional spending by the federal
government for that program would begin in FY 2021, assuming
appropriation of necessary amounts. CBO estimates that
preparing the additional reports to the Congress would cost
less than $500,000 in 2016. Enacting S. 1297 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
Pay-As-You-Go considerations: None.
Estimated intergovernmental and private-sector impact: S.
1297 contains no intergovernmental or private-sector mandates
as defined in UMRA and would impose no costs on state, local,
or tribal governments.
Estimate prepared by: Federal costs: Marin Burnett; Impact
on state, local, and tribal governments: Jon Sperl; Impact on
the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Assistant Director for
Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 1297 would update, extend, and streamline existing
activities of the FAA AST. Accordingly, the number of persons
covered should be largely consistent with the current levels of
individuals and businesses covered by the provisions of law
addressed in the bill.
economic impact
S. 1297 would not authorize any new direct spending and is
therefore not expected to have an inflationary or adverse
economic impact on the Nation. It is anticipated that there
would be a positive economic impact from the bill since the
language would promote competitiveness of a growing U.S.
commercial space sector and prevent unnecessary regulatory
burdens.
privacy
S. 1297 would not have an adverse impact on the personal
privacy of individuals affected.
paperwork
The reporting requirements in S. 1297 are not expected to
significantly increase the paperwork requirements for private
individuals or businesses since the bill would only impact
businesses already subject to FAA's permitting and licensing
requirements. Indeed, it is anticipated that the streamlining
provisions of the bill may reduce paperwork requirements for
regulated businesses. The bill would require the Federal
Government to produce six reports within one year. In addition,
there are two Government reports that would be due beginning on
December 31, 2016, and biennially thereafter.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would designate the short title of this bill
as the ``U.S. Commercial Space Launch Competitiveness Act.''
Section 2. References to title 51, United States Code.
This section would clarify that any amendments to or
repeals of a section or provision are to title 51 of the United
States Code, unless otherwise stated.
Section 3. Liability insurance and financial responsibility
requirements.
This section would require the Secretary, in consultation
with the commercial space sector and insurance providers, to
evaluate and, if necessary, develop a plan to update the
methodology used to calculate the MPL from third party claims.
The Secretary would be required to submit the evaluation, and
any plan, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives by
September 30, 2015. It is the intent of the Committee to
prevent the Government from requiring launch companies to
purchase more insurance coverage than is necessary.
Section 4. Launch liability extension.
This section would extend liability insurance and financial
responsibility requirements under section 50915 of title 51 of
the United States Code, for licensed commercial launch and
reentry activities, subject to MPL insurance requirements, from
December 31, 2016, through December 31, 2020. The Committee has
received compelling testimony that a stable, long-term, third
party liability risk-sharing regime between the Government and
licensees is important to the international competitiveness of
the U.S. commercial space transportation industry.
Section 5. Commercial space launch licensing and experimental permits.
This section would amend current law to ensure that an
experimental permit for a suborbital rocket or suborbital
rocket design would not be automatically invalidated when a
license is issued for launch or reentry of that same design.
Allowable testing under an experimental permit would be
broadened to include research and development for existing -
rather than solely for new - design concepts, equipment, or
operating techniques. This section is based upon S. 592, a bill
sponsored by Senator Rubio (R-FL) with Senators Martin Heinrich
(D-NM) and Tom Udall (D-NM) that was introduced on February 26,
2015. A similar bill was approved by the Committee in the 113th
Congress but had no further action in the Senate.
Section 6. Licensing report.
This section would require the Secretary to submit a report
to Congress, no later than 120 days after the date of
enactment, on approaches for streamlining the licensing and
permitting process for hybrid rocket systems that use a carrier
aircraft (non-launch) to carry the suborbital vehicle (for
launch) to a certain altitude where it will be released. It is
the intent of the Committee that any proposed approaches for
streamlining for the licensing and permitting processes would
not authorize substitution of space launch certification for
the regulatory requirements for space flight participants that
would otherwise assure safety for regulated airspace passengers
under the certification under part 121 of title 14 of the Code
of Federal Regulations.
Additionally, this section also would require the report to
include an assessment of existing private and Federal
Government test infrastructure. It is the intent of the
Committee that the commercial space sector should have the
option to choose between utilizing private or Federal
Government test infrastructure to collect data that may inform
future launch licensing or permitting activities.
Section 7. Space authority.
This section would require the OSTP to consult with the
DOT, State Department, NASA, and other relevant Federal
agencies, as necessary, to submit an assessment and recommended
approaches for oversight of commercial non-governmental
activities conducted in space that would prioritize safety,
utilize existing authorities, minimize burdens, promote the
U.S. commercial space sector, and meet U.S. obligations under
international treaties. The report to Congress would be
required no later than 120 days after the date of enactment. It
is the intent of the Committee that the assessment conducted by
OSTP of current and proposed near-term, commercial non-
governmental activities conducted in space also would include
activities on, or making use of, other celestial bodies, such
as asteroids or the moon. The report should examine and provide
recommendations to address issues related to resource
utilization, property rights, and non-interference that might
arise from such activities.
Section 8. Space surveillance and situational awareness data.
This section would require the Secretary, in concurrence
with the Secretary of Defense, to consult with other relevant
Federal agencies as necessary to submit a report to Congress,
no later than 120 days after the date of enactment, on the
feasibility of processing and releasing safety-related space
situational awareness data to any entity (consistent with
national security interests and public safety obligations of
the United States) on the position and trajectories of objects
in space.
Section 9. Extension of certain safety regulation requirements.
This section would extend the time that the Secretary has
to issue a final rule for certain regulations on the commercial
space flight industry, also known as the learning period, from
October 1, 2015, to October 1, 2020. This section also would
codify a construction clarifying that the DOT may discuss
potential regulatory approaches with the commercial space
sector prior to the issuance of a notice of proposed
rulemaking. This section also would direct the DOT to report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives, no later than 270 days after the
date of enactment, on the identification of key industry
metrics that may indicate readiness of the commercial space
sector and the DOT to transition to a regulatory approach.
Further, this section would require that the Secretary to
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives beginning
on December 31, 2016, and biennially thereafter, identifying
the activities most appropriate for regulatory action, if any,
and a proposed transition plan for such regulations.
Section 10. Industry voluntary consensus standards.
This section would require the Secretary to continue work
with the commercial space sector, including the Commercial
Space Transportation Advisory Committee, to facilitate the
development of voluntary consensus standards based on
recommended best practices as the commercial space sector
continues to mature. Further, this section would require that
the Secretary, in consultation with the commercial space
sector, report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives beginning
on December 31, 2016, and biennially thereafter, detailing the
progress the commercial space sector has made with the
development of industry voluntary consensus standards.
Section 11. Government astronauts.
This section would establish ``government astronaut'' as a
separate class of individuals from crew and space flight
participants to reflect the status of certain government
employees or an international partner astronaut carried within
a launch vehicle or reentry vehicle. The addition of government
astronaut as a distinct category would allow the DOT and NASA
to exclude government astronauts from commercial license
requirements that should not be applicable to certain
government employees.
Section 12. Streamline commercial space launch activities.
This section would require the Secretary, in overseeing and
coordinating commercial launch and reentry operations, to
consult with the Secretary of Defense, NASA Administrator, and
other Federal agencies, as appropriate, to work together to
reduce the regulatory burden on the commercial space industry
launching from federally-owned installations. The section also
would require the Secretary to report on unnecessary
requirements and approvals, any existing efforts for working
across Federal agencies to resolve such issues, and
recommendations for further streamlining commercial launch and
reentry operations among multiple Federal agencies.
Section 13. Operation and utilization of the ISS.
This section would extend the operation and utilization of
the ISS through at least 2024 by directing the NASA
Administrator to take all the necessary steps to ensure the ISS
remains a viable and productive facility capable of
utilization, including its use for scientific research and
commercial applications. This section would not authorize
appropriations for such activities.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 51. NATIONAL AND COMMERCIAL SPACE PROGRAMS
SUBTITLE V. PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES
CHAPTER 509. COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 50901. Findings and purposes
(a) Findings.--Congress finds that--
(1) the peaceful uses of outer space continue to be
of great value and to offer benefits to all mankind;
(2) private applications of space technology have
achieved a significant level of commercial and economic
activity and offer the potential for growth in the
future, particularly in the United States;
(3) new and innovative equipment and services are
being sought, produced, and offered by entrepreneurs in
telecommunications, information services, microgravity
research, human space flight, and remote sensing
technologies;
(4) the private sector in the United States has the
capability of developing and providing private
launching, reentry, and associated services that would
complement the launching, reentry, and associated
capabilities of the United States Government;
(5) the development of commercial launch vehicles,
reentry vehicles, and associated services would enable
the United States to retain its competitive position
internationally, contributing to the national interest
and economic well-being of the United States;
(6) providing launch services and reentry services by
the private sector is consistent with the national
security and foreign policy interests of the United
States and would be facilitated by stable, minimal, and
appropriate regulatory guidelines that are fairly and
expeditiously applied;
(7) the United States should encourage private sector
launches, reentries, and associated services and, only
to the extent necessary, regulate those launches,
reentries, and services to ensure compliance with
international obligations of the United States and to
protect the public health and safety, safety of
property, and national security and foreign policy
interests of the United States;
(8) space transportation, including the establishment
and operation of launch sites, reentry sites, and
complementary facilities, the providing of launch
services and reentry services, the establishment of
support facilities, and the providing of support
services, is an important element of the transportation
system of the United States, and in connection with the
commerce of the United States there is a need to
develop a strong space transportation infrastructure
with significant private sector involvement;
(9) the participation of State governments in
encouraging and facilitating private sector involvement
in space-related activity, particularly through the
establishment of a space transportation-related
infrastructure, including launch sites, reentry sites,
complementary facilities, and launch site and reentry
site support facilities, is in the national interest
and is of significant public benefit;
(10) the goal of safely opening space to the American
people and their private commercial, scientific, and
cultural enterprises should guide Federal space
investments, policies, and regulations;
(11) private industry has begun to develop commercial
launch vehicles capable of carrying human beings into
space and greater private investment in these efforts
will stimulate the Nation's commercial space
transportation industry as a whole;
(12) space transportation is inherently risky, and
the future of the commercial human space flight
industry will depend on its ability to continually
improve its safety performance;
(13) a critical area of responsibility for the
Department of Transportation is to regulate the
operations and safety of the emerging commercial human
space flight industry;
(14) the public interest is served by creating a
clear legal, regulatory, and safety regime for
commercial human space flight; and
(15) the regulatory standards governing human space
flight must evolve as the industry matures so that
regulations neither stifle technology development nor
expose crew, government astronauts, or space flight
participants to avoidable risks as the public comes to
expect greater safety for crew, government astronauts,
and space flight participants from the industry.
* * * * * * *
Sec. 50902. Definitions
In this chapter--
(1) ``citizen of the United States'' means--
(A) an individual who is a citizen of the
United States;
(B) an entity organized or existing under the
laws of the United States or a State; or
(C) an entity organized or existing under the
laws of a foreign country if the controlling
interest (as defined by the Secretary of
Transportation) is held by an individual or
entity described in subclause (A) or (B) of
this clause.
(2) ``crew'' means any employee of a licensee or
transferee, or of a contractor or subcontractor of a
licensee or transferee, who performs activities in the
course of that employment directly relating to the
launch, reentry, or other operation of or in a launch
vehicle or reentry vehicle that carries human beings.
(3) ``executive agency'' has the same meaning given
that term in section 105 of title 5.
(4) ``government astronaut'' means an individual
who--
(A) is either--
(i) an employee of the United States
Government, including the uniformed
services, engaged in the performance of
a Federal function under authority of
law or an Executive act; or
(ii) an international partner
astronaut;
(B) is identified by the Administrator of the
National Aeronautics and Space Administration;
(C) is carried within a launch vehicle or
reentry vehicle; and
(D) may perform or may not perform activities
directly relating to the launch, reentry, or
other operation of the launch vehicle or
reentry vehicle.
(5) ``international partner astronaut'' means an
individual designated under Article 11 of the
International Space Station Intergovernmental
Agreement, by a partner to that agreement other than
the United States, as qualified to serve as an
International Space Station crew [member.
(6) ``International Space Station Intergovernmental
Agreement'' means the Agreement Concerning Cooperation
on the International Space Station, signed at
Washington January 29, 1998 (TIAS 12927).
[(4)] (7) ``launch'' means to place or try to place a
launch vehicle or reentry vehicle [and any payload,
crew, or space flight participant] and any payload or
human being from Earth--
(A) in a suborbital trajectory;
(B) in Earth orbit in outer space; or
(C) otherwise in outer space,
including activities involved in the preparation of a
launch vehicle or payload for launch, when those
activities take place at a launch site in the United
States.
[(5)] (8) ``launch property'' means an item built
for, or used in, the launch preparation or launch of a
launch vehicle.
[(6)](9) ``launch services'' means--
(A) activities involved in the preparation of
a launch vehicle, [payload, crew (including
crew training), or space flight participant]
payload, crew (including crew training),
government astronaut, or space flight
participant for launch; and
(B) the conduct of a launch.
[(7)](10) ``launch site'' means the location on Earth
from which a launch takes place (as defined in a
license the Secretary issues or transfers under this
chapter) and necessary facilities at that location.
[(8)](11) ``launch vehicle'' means--
(A) a vehicle built to operate in, or place a
payload or human beings in, outer space; and
(B) a suborbital rocket.
[(9)](12) ``obtrusive space advertising'' means
advertising in outer space that is capable of being
recognized by a human being on the surface of the Earth
without the aid of a telescope or other technological
device.
[(10)](13) ``payload'' means an object that a person
undertakes to place in outer space by means of a launch
vehicle or reentry vehicle, including components of the
vehicle specifically designed or adapted for that
object.
[(11)](14) except in section 50904(c), ``permit''
means an experimental permit issued under section
50906.
[(12)](15) ``person'' means an individual and an
entity organized or existing under the laws of a State
or country.
[(13)](16) ``reenter'' and ``reentry'' mean to return
or attempt to return, purposefully, a reentry vehicle
[and its payload, crew, or space flight participants,
if any,] and its payload or human beings, if any, from
Earth orbit or from outer space to Earth.
[(14)](17) ``reentry services'' means--
(A) activities involved in the preparation of
a reentry vehicle and [payload, crew (including
crew training), or space flight participant, if
any,] payload, crew (including crew training),
government astronaut, or space flight
participant, if any, for reentry; and
(B) the conduct of a reentry.
[(15)](18) ``reentry site'' means the location on
Earth to which a reentry vehicle is intended to return
(as defined in a license the Secretary issues or
transfers under this chapter).
[(16)](19) ``reentry vehicle'' means a vehicle
designed to return from Earth orbit or outer space to
Earth, or a reusable launch vehicle designed to return
from Earth orbit or outer space to Earth, substantially
intact.
[(17)](20) [``space flight participant'' means an
individual, who is not crew, carried within a launch
vehicle or reentry vehicle.]
(20) ``space flight participant'' means an
individual, who is not crew or a government astronaut,
carried within a launch vehicle or reentry vehicle.
[(18)](21) ``State'' means a State of the United
States, the District of Columbia, and a territory or
possession of the United States.
[(19)](22) unless and until regulations take effect
under section 50922(c)(2), ``suborbital rocket'' means
a vehicle, rocket-propelled in whole or in part,
intended for flight on a suborbital trajectory, and the
thrust of which is greater than its lift for the
majority of the rocket-powered portion of its ascent.
[(20)](23) ``suborbital trajectory'' means the
intentional flight path of a launch vehicle, reentry
vehicle, or any portion thereof, whose vacuum
instantaneous impact point does not leave the surface
of the Earth.
[(21)](24) ``third party'' means a person except--
(A) the United States Government or the
Government's contractors or subcontractors
involved in launch services or reentry
services;
(B) a licensee or transferee under this
chapter;
(C) a licensee's or transferee's contractors,
subcontractors, or customers involved in launch
services or reentry services;
(D) the customer's contractors or
subcontractors involved in launch services or
reentry services; or
(E) crew, government astronauts, or space
flight participants.
[(22)](25) ``United States'' means the States of the
United States, the District of Columbia, and the
territories and possessions of the United States.
Sec. 50904. Restrictions on launches, operations, and reentries
(d) Single License or Permit.--The Secretary of
Transportation shall ensure that only 1 license or permit is
required from the Department of Transportation to conduct
[activities involving crew or space flight participants]
activities involving crew, government astronauts, or space
flight participants, including launch and reentry, for which a
license or permit is required under this chapter. The Secretary
shall ensure that all Department of Transportation regulations
relevant to the licensed or permitted activity are satisfied.
Sec. 50905. License applications and requirements
(a) Applications.--
(1) A person may apply to the Secretary of
Transportation for a license or transfer of a license
under this chapter in the form and way the Secretary
prescribes. Consistent with the public health and
safety, safety of property, and national security and
foreign policy interests of the United States, the
Secretary, not later than 180 days after accepting an
application in accordance with criteria established
pursuant to subsection (b)(2)(D), shall issue or
transfer a license if the Secretary decides in writing
that the applicant complies, and will continue to
comply, with this chapter and regulations prescribed
under this chapter. The Secretary shall inform the
applicant of any pending issue and action required to
resolve the issue if the Secretary has not made a
decision not later than 120 days after accepting an
application in accordance with criteria established
pursuant to subsection (b)(2)(D). The Secretary shall
transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a written notice not
later than 30 days after any occurrence when the
Secretary has not taken action on a license application
within the deadline established by this subsection.
(2) In carrying out paragraph (1), the Secretary may
establish procedures for safety approvals of launch
vehicles, reentry vehicles, safety systems, processes,
services, or personnel (including approval procedures
for the purpose of protecting the health and safety of
[crews and space flight participants] crew, government
astronauts, and space flight participants, to the
extent permitted by subsections (b) and (c)) that may
be used in conducting licensed commercial space launch
or reentry activities.
(b) Requirements.--
(1) Except as provided in this subsection, all
requirements of the laws of the United States
applicable to the launch of a launch vehicle or the
operation of a launch site or a reentry site, or the
reentry of a reentry vehicle, are requirements for a
license or permit under this chapter.
(2) The Secretary may prescribe--
(A) any term necessary to ensure compliance
with this chapter, including on-site
verification that a launch, operation, or
reentry complies with representations stated in
the application;
(B) any additional requirement necessary to
protect the public health and safety, safety of
property, national security interests, and
foreign policy interests of the United States;
(C) by regulation that a requirement of a law
of the United States not be a requirement for a
license or permit if the Secretary, after
consulting with the head of the appropriate
executive agency, decides that the requirement
is not necessary to protect the public health
and safety, safety of property, and national
security and foreign policy interests of the
United States;
(D) additional license requirements, for a
launch vehicle carrying a human being for
compensation or hire, necessary to protect the
health and safety of [crew or space flight
participants] crew, government astronauts, or
space flight participants, only if such
requirements are imposed pursuant to final
regulations issued in accordance with
subsection (c); and
(E) regulations establishing criteria for
accepting or rejecting an application for a
license or permit under this chapter within 60
days after receipt of such application.
(3) The Secretary may waive a requirement, including
the requirement to obtain a license, for an individual
applicant if the Secretary decides that the waiver is
in the public interest and will not jeopardize the
public health and safety, safety of property, and
national security and foreign policy interests of the
United States. The Secretary may not grant a waiver
under this paragraph that would permit the launch or
reentry of a launch vehicle or a reentry vehicle
without a license or permit if a human being will be on
board.
(4) The holder of a license or a permit under this
chapter may launch or reenter crew only if--
(A) the crew has received training and has
satisfied medical or other standards specified
in the license or permit in accordance with
regulations promulgated by the Secretary;
(B) the holder of the license or permit has
informed any individual serving as crew in
writing, prior to executing any contract or
other arrangement to employ that individual
(or, in the case of an individual already
employed as of the date of enactment of the
Commercial Space Launch Amendments Act of 2004,
as early as possible, but in any event prior to
any launch in which the individual will
participate as crew), that the United States
Government has not certified the launch vehicle
as safe for carrying crew or space flight
participants; and
(C) the holder of the license or permit and
crew have complied with all requirements of the
laws of the United States that apply to crew.
(5) The holder of a license or a permit under this
chapter may launch or reenter a space flight
participant only if--
(A) in accordance with regulations
promulgated by the Secretary, the holder of the
license or permit has informed the space flight
participant in writing about the risks of the
launch and reentry, including the safety record
of the launch or reentry vehicle type, and the
Secretary has informed the space flight
participant in writing of any relevant
information related to risk or probable loss
during each phase of flight gathered by the
Secretary in making the determination required
by section 50914(a)(2) and (c);
(B) the holder of the license or permit has
informed any space flight participant in
writing, prior to receiving any compensation
from that space flight participant or (in the
case of a space flight participant not
providing compensation) otherwise concluding
any agreement to fly that space flight
participant, that the United States Government
has not certified the launch vehicle as safe
for carrying crew or space flight participants;
(C) in accordance with regulations
promulgated by the Secretary, the space flight
participant has provided written informed
consent to participate in the launch and
reentry and written certification of compliance
with any regulations promulgated under
paragraph (6)(A); and
(D) the holder of the license or permit has
complied with any regulations promulgated by
the Secretary pursuant to paragraph (6).
(6)(A) The Secretary may issue regulations requiring
space flight participants to undergo an appropriate
physical examination prior to a launch or reentry under
this chapter. This subparagraph shall cease to be in
effect three years after the date of enactment of the
Commercial Space Launch Amendments Act of 2004.
(B) The Secretary may issue additional
regulations setting reasonable requirements for
space flight participants, including medical
and training requirements. Such regulations
shall not be effective before the expiration of
3 years after the date of enactment of the
Commercial Space Launch Amendments Act of 2004.
(c) Safety Regulations.--
(1) The Secretary may issue regulations governing the
design or operation of a launch vehicle to protect the
health and safety of [crew and space flight
participants] crew, government astronauts, and space
flight participants.
(2) Regulations issued under this subsection shall--
(A) describe how such regulations would be
applied when the Secretary is determining
whether to issue a license under this chapter;
(B) apply only to launches in which a vehicle
will be carrying a human being for compensation
or hire;
(C) be limited to restricting or prohibiting
design features or operating practices that--
(i) have resulted in a serious or
fatal injury (as defined in 49 CFR 830,
as in effect on November 10, 2004) [to
crew or space flight participants] to
crew, government astronauts, or space
flight participants during a licensed
or permitted commercial human space
flight; or
(ii) contributed to an unplanned
event or series of events during a
licensed or permitted commercial human
space flight that posed a high risk of
causing a serious or fatal injury (as
defined in 49 CFR 830, as in effect on
November 10, 2004) [to crew or space
flight participants] to crew,
government astronauts, or space flight
participants; and
(D) be issued with a description of the
instance or instances when the design feature
or operating practice being restricted or
prohibited contributed to a result or event
described in subparagraph (C).
(3) [Beginning on October 1, 2015] Beginning on
October 1, 2020, the Secretary may propose regulations
under this subsection without regard to paragraph
(2)(C) and (D). Any such regulations shall take into
consideration the evolving standards of safety in the
commercial space flight industry.
(4) Nothing in this subsection shall be construed to
limit the authority of the Secretary to issue
requirements or regulations to protect the public
health and safety, safety of property, national
security interests, and foreign policy interests of the
United States.
(5) Nothing in this subsection shall be construed to
limit the authority of the Secretary to discuss
potential regulatory approaches with the commercial
space sector, including observations, findings, and
recommendations from the Commercial Space
Transportation Advisory Committee, prior to the
issuance of a notice of proposed rulemaking.
(6) The Secretary shall continue to work with the
commercial space sector, including the Commercial Space
Transportation Advisory Committee, 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 the commercial space sector continues
to mature.
(d) Procedures and Timetables.--The Secretary shall establish
procedures and timetables that expedite review of a license or
permit application and reduce the regulatory burden for an
applicant.
Sec. 50906. Experimental permits
(a) A person may apply to the Secretary of Transportation for
an experimental permit under this section in the form and
manner the Secretary prescribes. Consistent with the protection
of the public health and safety, safety of property, and
national security and foreign policy interests of the United
States, the Secretary, not later than 120 days after receiving
an application pursuant to this section, shall issue a permit
if the Secretary decides in writing that the applicant
complies, and will continue to comply, with this chapter and
regulations prescribed under this chapter. The Secretary shall
inform the applicant of any pending issue and action required
to resolve the issue if the Secretary has not made a decision
not later than 90 days after receiving an application. The
Secretary shall transmit to the Committee on Science of the
House of Representatives and Committee on Commerce, Science,
and Transportation of the Senate a written notice not later
than 15 days after any occurrence when the Secretary has failed
to act on a permit within the deadline established by this
section.
(b) In carrying out subsection (a), the Secretary may
establish procedures for safety approvals of launch vehicles,
reentry vehicles, safety systems, processes, services, or
personnel that may be used in conducting commercial space
launch or reentry activities pursuant to a permit.
(c) In order to encourage the development of a commercial
space flight industry, the Secretary may when issuing permits
use the authority granted under section 50905(b)(2)(C).
(d) The Secretary may issue a permit only for reusable
suborbital rockets that will be [launched or reentered]
launched or reentered under that permit solely for--
[(1) research and development to test new design
concepts, new equipment, or new operating techniques;]
(1) research and development to test design concepts,
equipment, or operating techniques;
(2) showing compliance with requirements as part of
the process for obtaining a license under this chapter;
or
(3) crew training [prior to obtaining a license] for
a launch or reentry using the design of the rocket for
which the permit would be issued.
(e) Permits issued under this section shall--
(1) authorize an unlimited number of launches and
reentries for a particular [suborbital rocket design]
suborbital rocket or suborbital rocket design for the
uses described in subsection (d); and
(2) specify the type of modifications that may be
made to the suborbital rocket without changing the
design to an extent that would invalidate the permit.
(f) Permits shall not be transferable.
[(g) A permit may not be issued for, and a permit that has
already been issued shall cease to be valid for, a particular
design for a reusable suborbital rocket after a license has
been issued for the launch or reentry of a rocket of that
design.]
(g) The Secretary may issue a permit under this section
notwithstanding any license issued under this chapter. The
issuance of a license under this chapter may not invalidate a
permit issued under this section.
(h) No person may operate a reusable suborbital rocket under
a permit for carrying any property or human being for
compensation or hire.
(i) For the purposes of sections 50907, 50908, 50909, 50910,
50912, 50914, 50917, 50918, 50919, and 50923 of this chapter--
(1) a permit shall be considered a license;
(2) the holder of a permit shall be considered a
licensee;
(3) a vehicle operating under a permit shall be
considered to be licensed; and
(4) the issuance of a permit shall be considered
licensing.
This subsection shall not be construed to allow the
transfer of a permit.
Sec. 50907. Monitoring activities
(a) General Requirements.--A licensee under this chapter must
allow the Secretary of Transportation to place an officer or
employee of the United States Government or another individual
as an observer at a launch site or reentry site the licensee
uses, at a production facility or assembly site a contractor of
the licensee uses to produce or assemble a launch vehicle or
reentry vehicle, at a site used for [crew or space flight
participant training] crew, government astronaut, or space
flight participant training, or at a site at which a payload is
integrated with a launch vehicle or reentry vehicle. The
observer will monitor the activity of the licensee or
contractor at the time and to the extent the Secretary
considers reasonable to ensure compliance with the license or
to carry out the duties of the Secretary under sections
50904(c), 50905, and 50906 of this title. A licensee must
cooperate with an observer carrying out this subsection.
* * * * * * *
Sec. 50908. Effective periods, and modifications, suspensions, and
revocations, of licenses
* * * * * * *
(d) Additional Suspensions.--
(1) The Secretary may suspend a license when a
previous launch or reentry under the license has
resulted in a serious or fatal injury (as defined in 49
CFR 830, as in effect on November 10, 2004) [to crew or
space flight participants] to any human being and the
Secretary has determined that continued operations
under the license are likely to cause additional
serious or fatal injury (as defined in 49 CFR 830, as
in effect on November 10, 2004) [to crew or space
flight participants] to any human being.
(2) Any suspension imposed under this subsection
shall be for as brief a period as possible and, in any
event, shall cease when the Secretary--
(A) has determined that the licensee has
taken sufficient steps to reduce the likelihood
of a recurrence of the serious or fatal injury;
or
(B) has modified the license pursuant to
subsection (b) to sufficiently reduce the
likelihood of a recurrence of the serious or
fatal injury.
(3) This subsection shall not apply to permits.
(e) Effective Periods of Modifications, Suspensions, and
Revocations.--Unless the Secretary specifies otherwise, a
modification, suspension, or revocation under this section
takes effect immediately and remains in effect during a review
under section 50912 of this title.
(f) Notification.--The Secretary shall notify the licensee in
writing of the decision of the Secretary under this section and
any action the Secretary takes or proposes to take based on the
decision.
Sec. 50915. Paying claims exceeding liability insurance and financial
responsibility requirements
* * * * * * *
(f) Application.--This section applies to a license issued or
transferred under this chapter for which the Secretary receives
a complete and valid application not later than [December 31,
2016] December 31, 2020. This section does not apply to
permits.
Sec. 50917. Enforcement and penalty
* * * * * * *
(b) General Authority.--
(1) In carrying out this chapter, the Secretary of
Transportation may--
(A) conduct investigations and inquiries;
(B) administer oaths;
(C) take affidavits; and
(D) under lawful process--
(i) enter at a reasonable time a
launch site, reentry site, production
facility, assembly site of a launch
vehicle or reentry vehicle, [crew or
space flight participant training
site,] crew, government astronaut, or
space flight participant training site,
or site at which a payload is
integrated with a launch vehicle or
reentry vehicle to inspect an object to
which this chapter applies or a record
or report the Secretary requires be
made or kept under this chapter; and
(ii) seize the object, record, or
report when there is probable cause to
believe the object, record, or report
was used, is being used, or likely will
be used in violation of this chapter.
(2) The Secretary may delegate a duty or power under
this chapter related to enforcement to an officer or
employee of another executive agency with the consent
of the head of the agency.
* * * * * * *
Sec. 50919. Relationship to other executive agencies, laws, and
international obligations
* * * * * * *
[(g) Nonapplication.--This chapter does not apply to--
[(1) a launch, reentry, operation of a launch vehicle
or reentry vehicle, operation of a launch site or
reentry site, or other space activity the Government
carries out for the Government; or
[(2) planning or policies related to the launch,
reentry, operation, or activity.]
(g) Nonapplication.--
(1) In general.--This chapter does not apply to--
(A) a launch, reentry, operation of a launch
vehicle or reentry vehicle, operation of a
launch site or reentry site, or other space
activity the Government carries out for the
Government; or
(B) planning or policies related to the
launch, reentry, operation, or activity under
subparagraph (A).
(2) Rule of construction.--The following activities
are not space activities the Government carries out for
the Government under paragraph (1):
(A) A government astronaut being carried
within a launch vehicle or reentry vehicle
under this chapter.
(B) A government astronaut performing
activities directly relating to the launch,
reentry, or other operation of the launch
vehicle or reentry vehicle under this chapter.
SUBTITLE VII. ACCESS TO SPACE
CHAPTER 709. INTERNATIONAL SPACE STATION
[Sec. 70907. Maintaining use through at least 2020
[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 2020 and shall take no steps that
would preclude its continued operation and utilization by the
United States after 2015.]
Sec. 70907. Maintaining use through at least 2024
(a) 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 30, 2024.
(b) NASA Actions.--In furtherance of the policy under
subsection (a), the Administrator shall ensure, to the extent
practicable, that the International Space Station, as a
designated national laboratory--
(1) remains viable as an element of overall
exploration and partnership strategies and approaches;
(2) is considered for use by all NASA mission
directorates, as appropriate, for technically
appropriate scientific data gathering or technology
risk reduction demonstrations; and
(3) remains an effective, functional vehicle
providing research and test bed capabilities for the
United States through at least September 30, 2024.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2010
[42 U.S.C. 18301 et seq.]
SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION [THROUGH
2020].
[42 U.S.C. 18351]
(a) Policy of the United States.--It shall be the policy of
the United States, in consultation with its international
partners in the ISS program, to support full and complete
utilization of the ISS [through at least 2020] through at least
2024.
(b) NASA Actions.--In furtherance of the policy set forth in
subsection (a), NASA shall pursue international, commercial,
and intragovernmental means to maximize ISS logistics supply,
maintenance, and operational capabilities, reduce risks to ISS
systems sustainability, and offset and minimize United States
operations costs relating to the ISS.
SEC. 503. MAINTENANCE OF THE UNITED STATES SEGMENT AND ASSURANCE OF
CONTINUED OPERATIONS OF THE INTERNATIONAL SPACE
STATION.
[42 U.S.C. 18353]
(a) In General.--The Administrator shall take all actions
necessary to ensure the safe and effective operation,
maintenance, and maximum utilization of the United States
segment of the ISS [through at least September 30, 2020]
through at least September 30, 2024.
(b) Vehicle and Component Review.--
(1) In general.--[In carrying out subsection (a), the
Administrator] The Administrator shall, as soon as is
practicable after the date of the enactment of this
Act, carry out a comprehensive assessment of the
essential modules, operational systems and components,
structural elements, and permanent scientific equipment
on board or planned for delivery and installation
aboard the ISS, including both United States and
international partner elements, for purposes of
identifying the spare or replacement modules, systems
and components, elements, and equipment that are
required to ensure complete, effective, and safe
functioning and full scientific utilization of the ISS
through September 30, 2020.
(2) Data.--In carrying out the assessment, the
Administrator shall assemble any existing data, and
provide for the development of any data or analysis not
currently available, that is necessary for purposes of
the assessment.
* * * * * * *
SEC. 504. MANAGEMENT OF THE ISS NATIONAL LABORATORY.
[42 U.S.C. 18354]
* * * * * * *
(d) Research Capacity Allocation and Integration of Research
Payloads.--
(1) Allocation of iss research capacity.--As soon as
practicable after the date of the enactment of this
Act, but not later than October 1, 2011, ISS national
laboratory managed experiments shall be guaranteed
access to, and utilization of, not less than 50 percent
of the United States research capacity allocation,
including power, cold stowage, and requisite crew time
onboard the ISS through [September 30, 2020] September
30, 2024. Access to the ISS research capacity includes
provision for the adequate upmass and downmass
capabilities to utilize the ISS research capacity, as
available. The Administrator may allocate additional
capacity to the ISS national laboratory should such
capacity be in excess of NASA research requirements.
(2) Additional research capabilities.--If any NASA
research plan is determined to require research
capacity onboard the ISS beyond the percentage
allocated under paragraph (1), such research plan shall
be prepared in the form of a requested research
opportunity to be submitted to the process established
under this section for the consideration of proposed
research within the capacity allocated to the ISS
national laboratory. A proposal for such a research
plan may include the establishment of partnerships with
non-NASA institutions eligible to propose research to
be conducted within the ISS national laboratory
capacity. Until [September 30, 2020] September 30,
2024, the official or employee designated under
subsection (b) may grant an exception to this
requirement in the case of a proposed experiment
considered essential for purposes of preparing for
exploration beyond low-Earth orbit, as determined by
joint agreement between the organization with which the
Administrator enters into a cooperative agreement under
subsection (a) and the official or employee designated
under subsection (b).
(3) Research priorities and enhanced capacity.--The
organization with which the Administrator enters into
the cooperative agreement shall consider
recommendations of the National Academies Decadal
Survey on Biological and Physical Sciences in Space in
establishing research priorities and in developing
proposed enhancements of research capacity and
opportunities for the ISS national laboratory.
(4) Responsibility for research payload.--NASA shall
retain its roles and responsibilities in providing
research payload physical, analytical, and operations
integration during pre-flight, post-flight,
transportation, and orbital phases essential to ensure
safe and effective flight readiness and vehicle
integration of research activities approved and
prioritized by the organization with which the
Administrator enters into the cooperative agreement and
the official or employee designated under subsection
(b).
[all]