THE DAILY WHIP: THURSDAY, MAY 21, 2015

Complete Consideration of H.R. 2262 – SPACE Act of 2015 (Rep. McCarthy (CA) – Science, Space, and Technology) (One Hour of Debate). This bill is a combination of numerous provisions related to the commercial U.S. space industry. It would extend through 2025 the general moratorium on the FAA’s ability to issue certain crew safety rules (the so-called "learning period") but allow industry-supported voluntary standards to be implemented in the interim. The bill would also extend through 2025 federal indemnification of commercial space launch companies against third-party claims associated with launch accidents.

The bill also would expand existing liability protections, including requiring any commercial space related lawsuit be heard only in U.S. federal courts, eliminating any state or common law remedies. It would require that the base insurance policy for launch providers and government indemnification cover paying passengers on commercial spacecraft and government astronauts, and it requires all participants in a launch to waive liability claims against one another in the event of an accident or other mishap.

The bill would require the President to promote the commercial exploration and utilization of space resources – including resources in or on asteroids – and establish a legal framework for such activities. The bill would also require the Commerce Department to file an annual report on private remote sensing space systems licensing.

The Rule, which was adopted yesterday, makes in order 6 amendments, each debatable for 10 minutes, equally divided between the offeror and an opponent and 1 amendment in the nature of a substitute, debatable for 20 minutes, equally divided between the offeror and an opponent. The amendments are:

Smith (TX) Manager’s Amendment. Makes technical corrections and requires a GAO report on state and municipal spaceports in the existing indemnification regime.
Grijalva Amendment. Broadens the coverage of experimental permits to include suborbital launch vehicles to allow for nonrevenue testing.
Rohrabacher Amendment. Creates an independent study regarding indemnification for spaceflight participants including options, unintended consequences, and potential costs.
Castro Amendment. Ensures the Orbital Traffic Management study includes input from nonprofit organizations that conduct research in space traffic and orbital activities.
Jackson-Lee Amendment #5. Facilitates outreach to minority- and women owned businesses on business opportunities in the commercial space industry.
Jackson-Lee Amendment #6. Facilitates the participation of Historically Black Colleges and Universities, Hispanic Serving Institutions; National Indian institutions, in fellowships, work-study and employment opportunities in the emerging commercial space industry
Edwards Amendment in the Nature of a Substitute. Substitutes the text of S. 1297, a Senate bill similar to the SPACE Act that was drafted in a bipartisan manner.

Bill Text for H.R. 2262:
PDF Version

Background for H.R. 2262:
House Report (HTML Version)
House Report (PDF Version)

Postponed Vote (1 vote)

1. H.Res. 274 – Rule providing for consideration of H.R. 1335 – Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management (Rep. Byrne – Rules) Members are urged to VOTE NO.