SPACE Act of 2015 Dr. Sarah J. Nilsson, Esq. A 3 ir Conference January 2016

House Resolution (H.R.) 2262 Passed the House of Representatives- May 21, 2015 Currently in Senate After that, it still needs signature of President Then, finally it becomes law

House Resolution (H.R.) 2262

SPACE Act of 2015

Background

51 United States Code (U.S.C.) Subtitle V, Chapter 509 is formerly the Commercial Space Launch Act of 1984, as amended

Background

The Office of Commercial Space Transportation (AST) was established in 1984 as part of the Office of the Secretary of Transportation within the Department of Transportation (DOT). In November 1995, AST was transferred to the FAA as their only space-related line of business.

Background

“Our continuing mission is to provide the safest, most efficient aerospace system in the world.” Michael Huerta, Administrator

Background

The CSLAA prohibits the FAA from proposing regulations governing the design or operation of a launch vehicle to protect the health and safety of crew and space flight participants until October 2015, or until a design feature or operating practice has resulted in a serious or fatal injury, or contributed to an event that posed a high risk of causing a death or serious injury, to crew or space flight participants during a licensed or permitted commercial human space flight.

Background Until such time, the CSLAA only requires that a space flight participant be informed of the risks of taking a ride on a rocket. The FAA may also issue regulations setting reasonable requirements for space flight participants, including medical and training requirements.

Background The CSLAA mandates that any regulations governing the design or operation of a launch vehicle to protect the health and safety of crew and space flight participants must take into consideration the evolving standards of safety in the commercial space flight industry.

Background Limits in Regulatory Authority The U.S Congress has only incrementally expanded DOT/FAA authority over commercial space transportation 1984 – included launch authority 1998 – added reentry authority 2004 – added firm authority over commercial human space flight

Background

Background is over Now for the SPACE Act of 2015

SPACE Act of 2015 TITLE I – COMMERCIAL SPACE LAUNCH TITLE II – SPACE RESOURCE EXPLORATION AND UTILIZATION TITLE III – COMMERCIAL REMOTE SENSING TITLE IV – OFFICE OF SPACE COMMERCE

TITLE I - COMMERCIAL SPACE LAUNCH United States Code Title 51 – National and Commercial Space Programs Chapter 509 – Commercial Space Launch Activities Section – License applications and requirements

Section 101 – Consensus Standards

Section 102 – International Launch Competitiveness

Section 103 – Launch License Flexibility (Experimental Permits) -Amending and inserting language -Adding that Secretary may issue a permit under this section notwithstanding any license issued under this chapter -Adding that issuance of a license shall not invalidate a permit

Section 104 – Government Astronauts

Section 105 – Indemnification for Space Flight Participants (Liability Insurance and Financial Responsibility Requirements) -Amending some language

Section 106 – Independent Study of Indemnification for Space Flight Participants

Section 107 – Federal Jurisdiction

Section 108 –Cross-Waivers

Section 109 –Orbital Traffic Management

Section 110 –State Commercial Launch Facilities

-Report required: no later than 1 year after enactment -From Comptroller General -To Committee on Science, Space, and Technology of House of Representatives -And to Committee on Commerce, Science, and Transportation of Senate -Report on potential inclusion of all government property, including State and municipal property, in existing indemnification regime established above

Section 111 –Space Support Vehicles Study -No less than 1 year after enactment -From Comptroller General -To Committee on Science, Space, and Technology of House of Representatives -And to Committee on Commerce, Science, and Transportation of Senate -Report on use of space support vehicle services in the commercial space industry

Section 112 –Streamline Commercial Space Launch Activities

-Reaffirmation of Policy: Secretary of Transportation still to oversee and coordinate commercial launch and reentry -Secretary of Transportation shall consult with DoD, NASA, NOAA and heads of other executive agencies

Section 112 –Streamline Commercial Space Launch Activities -Reports: No later than 180 days after enactment -And annually thereafter -Definitions: some amendments – launch to U.S. government launch site and reenter to U.S. government reentry site

Section 113 –Space Launch System Update -Chapter 701 -Space Shuttle to Space Launch System

TITLE II - SPACE RESOURCE EXPLORATION AND UTILIZATION United States Code Title 51 – National and Commercial Space Programs Chapter 513 – Space Resource Exploration and Utilization

Section 201 –Short Title -Space Resource Exploration and Utilization Act of 2015

Section 202 –Title 51 Amendment -Chapter 513 – Space Resource Exploration and Utilization – definitions -Space Resource -Asteroid Resource -State -United States Commercial Space Resource Utilization Entity

Section 202 –Title 51 Amendment – Commercialization of space resource exploration and utilization -President acting through appropriate Federal agencies shall facilitate exploration, discourage government barriers, promote right of U.S. -Report required: no later than 180 days after enactment from President to Congress

Section 202 –Title 51 Amendment

TITLE III - COMMERCIAL REMOTE SENSING United States Code Title 51 – National and Commercial Space Programs Chapter 601 – Land Remote Sensing Policy

Section 301 –Annual Reporting – Annual Reporting -From Secretary -To Committee on Science, Space, and Technology of House of Representatives -And to Committee on Commerce, Science, and Transportation of Senate -No later than 180 days after enactment of SPACE Act of 2015

Section 302 –Statutory Update Report -No later than 1 year after enactment -From Secretary, in consultation with other Federal agencies, NOAA’s Committee on Commercial Remote Sensing -To Committee on Science, Space, and Technology of House of Representatives -And to Committee on Commerce, Science, and Transportation of Senate -On statutory updates to protect national security, privacy, protect U.S. industrial base, and reflect current state of the art of remote sensing, instruments, or technologies

TITLE IV - OFFICE OF SPACE COMMERCE United States Code Title 51 – National and Commercial Space Programs Chapter 507 – Office of Space Commercialization Commerce