U.S. Commercial Space Launch Competitiveness Act
Sec. 2
Consensus standards
Section 50905(c) of title 51, United States Code, is amended—
(1)
by striking paragraph (3);
(2)
by redesignating paragraph (4) as paragraph (8); and
(3)
by inserting after paragraph (2) the following:
“(3) Interim Industry Voluntary Consensus Standards Report—The Secretary, in consultation with the Commercial Space Transportation Advisory Committee, or its successor organization, shall provide a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress of the commercial space transportation industry in developing voluntary consensus standards or any other construction that promotes best practices to improve the industry. Such report shall include, at a minimum—
“(A) any voluntary industry consensus standards or any other construction that have been accepted by the industry at large;
“(B) the identification of areas that have the potential to become voluntary industry consensus standards or another potential construction that are currently under consideration by the industry at large;
“(C) an assessment from the Secretary on the general progress of the industry in adopting voluntary consensus standards or any other construction;
“(D) lessons learned about voluntary industry consensus standards or any other construction, best practices, and commercial space launch operations;
“(E) any lessons learned associated with the development, potential application, and acceptance of voluntary industry consensus standards or any other construction, best practices, and commercial space launch operations; and
“(F) recommendations, findings, or observations from the Commercial Space Transportation Advisory Committee, or its successor organization, on the progress of the industry in developing industry consensus standards or any other construction.
changed
“(4) Interim Report on Knowledge and Operational Experience—The Secretary shall provide a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the of the Senate on the status of the knowledge and operational experience acquired by the industry while providing flight services for compensation or hire to support the development of a safety framework. Interim reports shall be by transmitted to such committees no later than December 31, 2018, December 31, 2020, and December 31, 2020. 2022. Each report shall describe and assess the progress achieved as of 6 months prior to the specified transmittal date.
changed
“(5) Independent Review—No later than December 31, 2021, 2023, an independent, private systems engineering and technical assistance organization or standards development organization contracted by the Secretary shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an assessment of the readiness of the commercial space industry and the Federal Government to transition to a safety framework that may include regulations. As part of the review, the contracted organization shall evaluate—
“(A) the progress of the commercial space industry in adopting industry voluntary standards or any other construction as reported by the Secretary in the interim assessments included in reports provided under paragraph (4); and
“(B) the knowledge and operational experience obtained by the commercial space industry while providing services for compensation or hire as reported by the Secretary in the interim knowledge and operational reports provided under paragraph (4).
changed
“(6) Learning Period—Beginning on December 31, 2023, 2025, the Secretary may propose regulations under this subsection without regard to paragraph (2)(C) and (D). The development of any such regulations shall take into consideration the evolving standards of the commercial space flight industry as identified through the reports published under paragraphs (3) and (4).
“(7) Communication and Transparency—Nothing in this subsection shall be construed to limit the authority of the Secretary of Transportation to discuss potential approaches, potential performance standards, or any other topic related to this subsection with the commercial space industry including observations, findings, and recommendations from the Commercial Space Transportation Advisory Committee, or its successor organization, prior to the issuance of a notice of proposed rulemaking. Such discussions shall not be construed to permit the Secretary to promulgate industry regulations except as otherwise provided in this section.”
Sec. 3
International launch competitiveness
(a)
Purpose— The purpose of this section is to provide for updating the methodology used to calculate the maximum probable loss from claims under section 50914 of title 51, United States Code, with a validated risk profile approach to provide reasonable maximum probable loss values associated with potential third party losses from commercially licensed launches. An appropriately updated methodology will help ensure that the Federal Government is not exposed to greater financial risks than intended and that launch companies are not required to purchase more insurance coverage than necessary.
(b)
Maximum probable loss plan— Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to update the methodology used to calculate maximum probable loss from claims under section 50914 of title 51, United States Code, through the use of a validated risk profile approach. Such plan shall include, at a minimum—
(1)
an evaluation of the reasonableness of the current single casualty estimate and, if needed, the steps the Secretary will take to update such estimate;
(2)
an evaluation, in consultation with the Administrator of the National Aeronautics and Space Administration and the heads of other relevant executive agencies, of the reasonableness of the dollar value of the insurance requirement required by the Secretary for launch providers to cover damage to Government property resulting from a commercially licensed space launch activity, and recommendations as to a reasonable calculation if, as determined by the Secretary, the current statutory threshold is insufficient;
(3)
a schedule of when updates to the methodology and calculations for the totality of the Maximum Probable Loss will be implemented, and a detailed explanation of any changes to the current calculation; and
(4)
consideration of the impact of the cost of its implementation on the licensing process, both in terms of the cost to industry of collecting and providing the requisite data and cost to the Government of analyzing the data.
(c)
Independent assessment— Not later than 270 days after transmittal of the plan under subsection (b), the Comptroller General shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an assessment of—
(1)
the conclusions and analysis provided by the Secretary of Transportation in the plan required under subsection (b);
(2)
the implementation schedule proposed by the Secretary in such plan;
(3)
the suitability of the plan for implementation; and
(4)
any further actions needed to implement the plan or otherwise accomplish the purpose of this section.
(d)
changed
Launch liability extension— Section 50915(f) of title 51, United States Code, is amended by striking “December 31, 2016” and inserting “December 31, 2023”.2025”.
Sec. 12
Streamline commercial space launch activities
added
(a)
added
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 sector.
(b)
added
Reaffirmation of policy— Congress reaffirms that the Secretary of Transportation, in overseeing and coordinating commercial launch and reentry operations, should—
(1)
added
promote commercial space launches and reentries by the private sector;
(2)
added
facilitate Government, State, and private sector involvement in enhancing U.S. launch sites and facilities;
(3)
added
protect public health and safety, safety of property, national security interests, and foreign policy interests of the United States; and
(4)
added
consult with the head of another executive agency, including the Secretary of Defense or the Administrator of the National Aeronautics and Space Administration, as necessary to provide consistent application of licensing requirements under chapter 509 of title 51, United States Code.
(1)
added
In general— The Secretary of Transportation under section 50918 of title 51, United States Code, and subject to section 50905(b)(2)(C) of that title, shall consult with the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, and the heads of other executive agencies, as appropriate—
(A)
added
to identify all requirements that are imposed to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States relevant to any commercial launch of a launch vehicle or commercial reentry of a reentry vehicle; and
(B)
added
to evaluate the requirements identified in subparagraph (A) and, in coordination with the licensee or transferee and the heads of the relevant executive agencies—
(i)
added
determine whether the satisfaction of a requirement of one agency could result in the satisfaction of a requirement of another agency; and
(ii)
added
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 vehicle.
(2)
added
Reports— Not later than 180 days after the date of enactment of this Act, and annually thereafter until the Secretary of Transportation determines no outmoded or duplicative requirements or approvals of the Federal Government exist, the Secretary of Transportation, in consultation with the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the commercial space sector, and the heads of other executive agencies, as appropriate, shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the congressional defense committees a report that includes the following:
(A)
added
A description of the process for the application for and approval of a permit or license under chapter 509 of title 51, United States Code, for the commercial launch of a launch vehicle or commercial reentry of a reentry vehicle, including the identification of—
(i)
added
any unique requirements for operating on a United States Government launch site, reentry site, or launch property; and
(ii)
added
any inconsistent, outmoded, or duplicative requirements or approvals.
(B)
added
A description of current efforts, if any, to coordinate and work across executive agencies to define interagency processes and procedures for sharing information, avoiding duplication of effort, and resolving common agency requirements.
(C)
added
Recommendations for legislation that may further—
(i)
added
streamline requirements in order to improve efficiency, reduce unnecessary costs, resolve inconsistencies, remove duplication, and minimize unwarranted constraints; and
(ii)
added
consolidate or modify requirements across affected agencies into a single application set that satisfies the requirements identified in paragraph (1)(A).
(3)
added
Definitions— For purposes of this subsection—
(A)
added
any applicable definitions set forth in section 50902 of title 51, United States Code, shall apply;
(B)
added
the terms “launch”, “reenter”, and “reentry” include landing of a launch vehicle or reentry vehicle; and
(C)
added
the terms “United States Government launch site” and “United States Government reentry site” include any necessary facility, at that location, that is commercially operated on United States Government property.
Sec. 13
Space Launch System update
added
(1)
added
Amendment— The chapter heading of chapter 701 of title 51, United States Code, is amended by striking “Space Shuttle” and inserting “Space Launch System”.
(2)
added
Conforming amendment— The item relating to chapter 701 in the table of chapters at the beginning of title 51, United States Code, is amended by striking “Space Shuttle” and inserting “Space Launch System”.
(1)
added
Amendments— Section 70101 of title 51, United States Code, is amended—
(A)
added
in the section heading, by striking “space shuttle” and inserting “Space Launch System”; and
(B)
added
by striking “space shuttle” and inserting “Space Launch System”.
(2)
added
Conforming amendment— The item relating section 70101 in the table of sections for chapter 701 of title 51, United States Code is amended by striking “space shuttle” and inserting “Space Launch System”.
(1)
added
Amendments— Section 70102 of title 51, United States Code, is amended—
(A)
added
in the section heading, by striking “Space shuttle” and inserting “Space Launch System”;
(B)
added
in subsection (a)(1)(A), by striking “space shuttle” both places it appears and inserting “Space Launch System”;
(C)
added
in subsection (a)(1)(A)(i), by inserting “directly to cis-lunar space and the regions of space beyond low-Earth orbit” after “human presence”;
(D)
added
in subsection (a)(1)(B), by striking “a shuttle launch” and inserting “a launch of the Space Launch System”;
(E)
added
in subsection (a)(2), by striking “a space shuttle mission” and inserting “a mission of the Space Launch System”;
(F)
added
in subsection (b)—
(i)
added
by striking “space shuttle” each place it appears and inserting “Space Launch System”; and
(ii)
added
by striking “from the shuttle” and inserting “from the Space Launch System”;
(G)
added
in subsection (c), by striking “space shuttle” and inserting “Space Launch System”; and
(H)
added
by adding at the end the following new subsection:
added
“(d) Definition—In this section, the term “Space Launch System” means the Space Launch System authorized under section 302 of the National Aeronautics and Space Administration Authorization Act of 2010.”
(2)
added
Conforming amendment— The item relating section 70102 in the table of sections for chapter 701 of title 51, United States Code is amended by striking “Space shuttle” and inserting “Space Launch System”.
(1)
added
Amendments— Section 70103 of title 51, United States Code, is amended—
(A)
added
in the section heading, by striking “space shuttle” and inserting “Space Launch System”; and
(B)
added
by striking “space shuttle” each place it appears and inserting “Space Launch System”.
(2)
added
Conforming amendment— The item relating section 70103 in the table of sections for chapter 701 of title 51, United States Code is amended by striking “space shuttle” and inserting “Space Launch System”.