[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 919 Reported in Senate (RS)]
<DOC>
Calendar No. 323
116th CONGRESS
1st Session
S. 919
[Report No. 116-172]
To reduce regulatory burdens and streamline processes related to
commercial space activities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2019
Mr. Cruz (for himself, Ms. Sinema, Mr. Markey, Mr. Wicker, Mr. Peters,
and Mr. Scott of Florida) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
December 11, 2019
Reported by Mr. Wicker, without amendment
_______________________________________________________________________
A BILL
To reduce regulatory burdens and streamline processes related to
commercial space activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Space Frontier Act
of 2019''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--STREAMLINING OVERSIGHT OF LAUNCH AND REENTRY ACTIVITIES
Sec. 101. Office of Commercial Space Transportation.
Sec. 102. Use of existing authorities.
Sec. 103. Experimental permits.
Sec. 104. Government-developed space technology.
Sec. 105. Regulatory reform.
Sec. 106. Secretary of Transportation oversight and coordination of
commercial launch and reentry operations.
Sec. 107. Study on joint use of spaceports.
Sec. 108. Airspace integration report.
TITLE II--STREAMLINING OVERSIGHT OF NONGOVERNMENTAL EARTH OBSERVATION
ACTIVITIES
Sec. 201. Nongovernmental Earth observation activities.
Sec. 202. Radio-frequency mapping report.
TITLE III--MISCELLANEOUS
Sec. 301. Promoting fairness and competitiveness for NASA partnership
opportunities.
Sec. 302. Maintaining a national laboratory in space.
Sec. 303. Presence in low-Earth orbit.
Sec. 304. Continuation of the ISS.
Sec. 305. United States policy on orbital debris.
Sec. 306. Low-Earth orbit commercialization program.
Sec. 307. Bureau of Space Commerce.
SEC. 2. DEFINITIONS.
In this Act:
(1) ISS.--The term ``ISS'' means the International Space
Station.
(2) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(3) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
TITLE I--STREAMLINING OVERSIGHT OF LAUNCH AND REENTRY ACTIVITIES
SEC. 101. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.
(a) In General.--Section 50921 of title 51, United States Code, is
amended--
(1) by inserting ``(b) Authorization of Appropriations.--''
before ``There'' and indenting appropriately; and
(2) by inserting before subsection (b), the following:
``(a) Associate Administrator for Commercial Space
Transportation.--The Assistant Secretary for Commercial Space
Transportation shall serve as the Associate Administrator for
Commercial Space Transportation.''.
(b) Establishment of Assistant Secretary for Commercial Space
Transportation.--Section 102(e)(1) of title 49, United States Code, is
amended--
(1) in the matter preceding subparagraph (A), by striking
``6'' and inserting ``7''; and
(2) in subparagraph (A), by inserting ``an Assistant
Secretary for Commercial Space Transportation,'' after
``Assistant Secretary for Research and Technology,''.
SEC. 102. USE OF EXISTING AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Transportation should make use of existing authorities,
including waivers and safety approvals, as appropriate, to protect the
public, make more efficient use of resources, reduce the regulatory
burden for an applicant for a commercial space launch or reentry
license or experimental permit, and promote commercial space launch and
reentry.
(b) License Applications and Requirements.--Section 50905 of title
51, United States Code, is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Applications.--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.
``(B) Decisions.--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 the applicable deadline
described in subparagraph (C), 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.
``(C) Applicable deadline.--The applicable deadline
described in this subparagraph shall be--
``(i) for an applicant that was or is a
holder of any license under this chapter, not
later than 90 days after accepting an
application in accordance with criteria
established pursuant to subsection (b)(2)(E);
and
``(ii) for a new applicant, not later than
180 days after accepting an application in
accordance with criteria established pursuant
to subsection (b)(2)(E).
``(D) Notice to applicants.--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--
``(i) for an applicant described in
subparagraph (C)(i), 60 days after accepting an
application in accordance with criteria
established pursuant to subsection (b)(2)(E);
and
``(ii) for an applicant described in
subparagraph (C)(ii), 120 days after accepting
an application in accordance with criteria
established pursuant to subsection (b)(2)(E).
``(E) Notice to congress.--The Secretary shall
transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives a written notice not later than 30 days
after any occurrence when the Secretary has not taken
action on a license application within an applicable
deadline established by this subsection.''; and
(B) in paragraph (2)--
(i) by inserting ``Procedures for safety
approvals.--'' before ``In carrying out'';
(ii) by inserting ``software,'' after
``services,''; and
(iii) by adding at the end the following:
``Such safety approvals may be issued
simultaneously with a license under this
chapter.''; and
(2) by adding at the end the following:
``(e) Use of Existing Authorities.--
``(1) In general.--The Secretary shall use existing
authorities, including waivers and safety approvals, as
appropriate, to make more efficient use of resources, reduce
the regulatory burden for an applicant under this section, and
promote commercial space launch and reentry.
``(2) Expediting safety approvals.--The Secretary shall
expedite the processing of safety approvals that would reduce
risks to health or safety during launch and reentry.''.
(c) Restrictions on Launches, Operations, and Reentries.--Section
50904 of title 51, United States Code, is amended by adding at the end
the following:
``(e) Multiple Sites.--The Secretary may issue a single license or
permit for an operator to conduct launch services and reentry services
at multiple launch sites or reentry sites.''.
SEC. 103. EXPERIMENTAL PERMITS.
Section 50906 of title 51, United States Code, is amended by adding
at the end the following:
``(j) Use of Existing Authorities.--
``(1) In general.--The Secretary shall use existing
authorities, including waivers and safety approvals, as
appropriate, to make more efficient use of resources, reduce
the regulatory burden for an applicant under this section, and
promote commercial space launch and reentry.
``(2) Expediting safety approvals.--The Secretary shall
expedite the processing of safety approvals that would reduce
risks to health or safety during launch and reentry.''.
SEC. 104. GOVERNMENT-DEVELOPED SPACE TECHNOLOGY.
Section 50901(b)(2)(B) of title 51, United States Code, is amended
by striking ``and encouraging''.
SEC. 105. REGULATORY REFORM.
(a) Definitions.--The definitions set forth in section 50902 of
title 51, United States Code, shall apply to this section.
(b) Findings.--Congress finds that the commercial space launch
regulatory environment has at times impeded the United States
commercial space launch sector in its innovation of launch
technologies, reusable launch and reentry vehicles, and other areas
related to commercial launches and reentries.
(c) Regulatory Improvements for Commercial Space Launch
Activities.--
(1) In general.--Not later than February 1, 2020, the
Secretary of Transportation shall issue a final rule to revise
any regulations under chapter 509, United States Code, as the
Secretary considers necessary to meet the objective of this
section.
(2) Objective.--The objective of this section is to
establish, consistent with the purposes described in section
50901(b) of title 51, United States Code, a regulatory regime
for commercial space launch activities under chapter 509 that--
(A) creates, to the extent practicable,
requirements applicable both to expendable launch and
reentry vehicles and to reusable launch and reentry
vehicles;
(B) is neutral with regard to the specific
technology utilized in a launch, a reentry, or an
associated safety system;
(C) protects the health and safety of the public;
(D) establishes clear, high-level performance
requirements;
(E) encourages voluntary, industry technical
standards that complement the high-level performance
requirements established under subparagraph (D); and
(F) facilitates and encourages appropriate
collaboration between the commercial space launch and
reentry sector and the Department of Transportation
with respect to the requirements under subparagraph (D)
and the standards under subparagraph (E).
(d) Consultation.--In revising the regulations under subsection
(c), the Secretary of Transportation shall consult with the following:
(1) The Secretary of Defense.
(2) The Administrator of NASA.
(3) Such members of the commercial space launch and reentry
sector as the Secretary of Transportation considers appropriate
to ensure adequate representation across industry.
(e) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Transportation, in
consultation with the persons described in subsection (d),
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
progress in carrying out this section.
(2) Contents.--The report shall include--
(A) milestones and a schedule to meet the objective
of this section;
(B) a description of any Federal agency resources
necessary to meet the objective of this section;
(C) recommendations for legislation that would
expedite or improve the outcomes under subsection (c);
and
(D) a plan for ongoing consultation with the
persons described in subsection (d).
SEC. 106. SECRETARY OF TRANSPORTATION OVERSIGHT AND COORDINATION OF
COMMERCIAL LAUNCH AND REENTRY OPERATIONS.
(a) Oversight and Coordination.--
(1) In general.--The Secretary of Transportation, in
accordance with the findings under section 1617 of the National
Defense Authorization Act for Fiscal Year 2016 (51 U.S.C. 50918
note) and subject to section 50905(b)(2)(C) of title 51, United
States Code, shall take such action as may be necessary to
consolidate or modify the requirements across Federal agencies
identified in section 1617(c)(1)(A) of that Act into a single
application set that satisfies those requirements and expedites
the coordination of commercial launch and reentry services.
(2) Chapter 509.--
(A) Purposes.--Section 50901(b)(3) of title 51,
United States Code, is amended by inserting ``all''
before ``commercial launch and reentry operations''.
(B) General authority.--Section 50903(b) of title
51, United States Code, is amended--
(i) by redesignating paragraphs (1) and (2)
as paragraphs (3) and (4), respectively; and
(ii) by inserting before paragraph (3), as
redesignated, the following:
``(1) consistent with this chapter, authorize, license, and
oversee the conduct of all commercial launch and reentry
operations, including any commercial launch or commercial
reentry at a Federal range;
``(2) if an application for a license or permit under this
chapter includes launch or reentry at a Defense range,
coordinate with the Secretary of Defense, or designee, to
protect any national security interest relevant to such
activity, including any necessary mitigation measure to protect
Department of Defense property and personnel;''.
(3) Effective date.--This subsection takes effect on the
date on which the final rule under section 105(c) is published
in the Federal Register.
(b) Rules of Construction.--Nothing in this Act, or the amendments
made by this Act, may be construed to affect--
(1) section 1617 of the National Defense Authorization Act
for Fiscal Year 2016 (51 U.S.C. 50918 note); or
(2) the authority of the Secretary of Defense as it relates
to safety and security related to launch or reentry at a
Defense range.
(c) Technical Amendment; Repeal Redundant Law.--Section 113 of the
U.S. Commercial Space Launch Competitiveness Act (Public Law 114-90;
129 Stat. 704; 51 U.S.C. 50918 note) and the item relating to that
section in the table of contents under section 1(b) of that Act are
repealed.
SEC. 107. STUDY ON JOINT USE OF SPACEPORTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act--
(1) the Secretary of Transportation shall, in consultation
with the Secretary of Defense, conduct a study on the current
process the Government uses to provide or permit the joint use
of United States military installations for licensed
nongovernmental space launch and reentry activities, space-
related activities, and space transportation services by United
States commercial providers; and
(2) submit the results of the study to the Committee on
Commerce, Science, and Transportation and the Committee on
Armed Services of the Senate and the Committee on Science,
Space, and Technology and the Committee on Armed Services of
the House of Representatives.
(b) Considerations.--In conducting the study required by subsection
(a), the Secretary of Transportation shall consider the following:
(1) Improvements that could be made to the current process
the Government uses to provide or permit the joint use of
United States military installations for licensed
nongovernmental space launch and reentry activities, space-
related activities, and space transportation services by United
States commercial providers.
(2) Means to facilitate the ability for a military
installation to request that the Secretary of Transportation
consider the military installation as a site to provide or
permit the licensed nongovernmental space launch and reentry
activities, space-related activities, and space transportation
services by United States commercial providers.
(3) The feasibility of increasing the number of military
installations that provide or are permitted to be utilized for
licensed nongovernmental space launch and reentry activities,
space-related activities, and space transportation services by
United States commercial providers.
(4) The importance of the use of safety approvals of launch
vehicles, reentry vehicles, space transportation vehicles,
safety systems, processes, services, or personnel (including
approval procedures for the purpose of protecting the health
and safety of crew, Government astronauts, and space flight
participants), to the extent permitted that may be used in
conducting licensed commercial space launch, reentry
activities, and space transportation services at installations.
SEC. 108. AIRSPACE INTEGRATION REPORT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Transportation shall--
(1) identify and review the current policies and tools used
to integrate launch and reentry (as those terms are defined in
section 50902 of title 51, United States Code) into the
national airspace system;
(2) consider whether the policies and tools identified in
paragraph (1) need to be updated to more efficiently and safely
manage the national airspace system; and
(3) submit to the appropriate committees of Congress a
report on the findings under paragraphs (1) and (2), including
recommendations for how to more efficiently and safely manage
the national airspace system.
(b) Consultation.--In conducting the review under subsection (a),
the Secretary shall consult with such members of the commercial space
launch and reentry sector and commercial aviation sector as the
Secretary considers appropriate to ensure adequate representation
across those industries.
(c) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Science, Space, and Technology of the
House of Representatives; and
(3) the Committee on Transportation and Infrastructure of
the House of Representatives.
TITLE II--STREAMLINING OVERSIGHT OF NONGOVERNMENTAL EARTH OBSERVATION
ACTIVITIES
SEC. 201. NONGOVERNMENTAL EARTH OBSERVATION ACTIVITIES.
(a) Licensing of Nongovernmental Earth Observation Activities.--
Chapter 601 of title 51, United States Code, is amended--
(1) in section 60101--
(A) by amending paragraph (12) to read as follows:
``(12) Unenhanced data.--The term `unenhanced data' means
signals or imagery products from Earth observation activities
that are unprocessed or subject only to data preprocessing.'';
(B) by redesignating paragraphs (11), (12), and
(13) as paragraphs (15), (18), and (19), respectively,
and moving the paragraphs so as to appear in numerical
order;
(C) by redesignating paragraphs (4) through (10) as
paragraphs (5) through (11), respectively;
(D) by inserting after paragraph (3), the
following:
``(4) Earth observation activity.--The term `Earth
observation activity' means a space activity the primary
purpose of which is to collect data that can be processed into
imagery of the Earth or of man-made objects orbiting the
Earth.'';
(E) by inserting after paragraph (11), as
redesignated, the following:
``(12) Nongovernmental earth observation activity.--The
term `nongovernmental Earth observation activity' means an
Earth observation activity of a person other than--
``(A) the United States Government; or
``(B) a Government contractor or subcontractor if
the Government contractor or subcontractor is
performing the activity for the Government.
``(13) Orbital debris.--The term `orbital debris' means any
space object that is placed in space or derives from a space
object placed in space by a person, remains in orbit, and no
longer serves any useful function or purpose.
``(14) Person.--The term `person' means a person (as
defined in section 1 of title 1) subject to the jurisdiction or
control of the United States.''; and
(F) by inserting after paragraph (15), as
redesignated, the following:
``(16) Space activity.--
``(A) In general.--The term `space activity' means
any activity that is conducted in space.
``(B) Inclusions.--The term `space activity'
includes any activity conducted on a celestial body,
including the Moon.
``(C) Exclusions.--The term `space activity' does
not include any activity that is conducted entirely on
board or within a space object and does not affect
another space object.
``(17) Space object.--The term `space object' means any
object, including any component of that object, that is
launched into space or constructed in space, including any
object landed or constructed on a celestial body, including the
Moon.'';
(2) by amending subchapter III to read as follows:
``SUBCHAPTER III--AUTHORIZATION OF NONGOVERNMENTAL EARTH OBSERVATION
ACTIVITIES
``Sec. 60121. Purposes
``The purposes of this subchapter are--
``(1) to prevent, to the extent practicable, harmful
interference to space activities by nongovernmental Earth
observation activities;
``(2) to manage risk and prevent harm to United States
national security;
``(3) to ensure consistency with international obligations
of the United States; and
``(4) to promote the leadership, industrial innovation, and
international competitiveness of the United States.
``Sec. 60122. General authority
``(a) In General.--The Secretary shall carry out this subchapter.
``(b) Functions.--In carrying out this subchapter, the Secretary
shall consult with--
``(1) the Secretary of Defense;
``(2) the Director of National Intelligence; and
``(3) the head of such other Federal department or agency
as the Secretary considers necessary.
``Sec. 60123. Administrative authority of Secretary
``(a) Functions.--In order to carry out the responsibilities
specified in this subchapter, the Secretary may--
``(1) grant, condition, or transfer licenses under this
chapter;
``(2) seek an order of injunction or similar judicial
determination from a district court of the United States with
personal jurisdiction over the licensee to terminate, modify,
or suspend licenses under this subchapter and to terminate
licensed operations on an immediate basis, if the Secretary
determines that the licensee has substantially failed to comply
with any provisions of this chapter, with any terms,
conditions, or restrictions of such license, or with any
international obligations or national security concerns of the
United States;
``(3) provide penalties for noncompliance with the
requirements of licenses or regulations issued under this
subchapter, including civil penalties not to exceed $10,000
(each day of operation in violation of such licenses or
regulations constituting a separate violation);
``(4) compromise, modify, or remit any such civil penalty;
``(5) issue subpoenas for any materials, documents, or
records, or for the attendance and testimony of witnesses for
the purpose of conducting a hearing under this section;
``(6) seize any object, record, or report pursuant to a
warrant from a magistrate based on a showing of probable cause
to believe that such object, record, or report was used, is
being used, or is likely to be used in violation of this
chapter or the requirements of a license or regulation issued
thereunder; and
``(7) make investigations and inquiries and administer to
or take from any person an oath, affirmation, or affidavit
concerning any matter relating to the enforcement of this
chapter.
``(b) Review of Agency Action.--Any applicant or licensee that
makes a timely request for review of an adverse action pursuant to
paragraph (1), (3), (5), or (6) of subsection (a) shall be entitled to
adjudication by the Secretary on the record after an opportunity for
any agency hearing with respect to such adverse action. Any final
action by the Secretary under this subsection shall be subject to
judicial review under chapter 7 of title 5.
``Sec. 60124. Authorization to conduct nongovernmental Earth
observation activities
``(a) Requirement.--No person may conduct any nongovernmental Earth
observation activity without an authorization issued under this
subchapter.
``(b) Waivers.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Defense, the Director of National Intelligence,
and the head of such other Federal agency as the Secretary
considers appropriate, may waive a requirement under this
subchapter for a nongovernmental Earth observation activity, or
for a type or class of nongovernmental Earth observation
activities, if the Secretary decides that granting a waiver is
consistent with section 60121.
``(2) Standards.--Not later than 120 days after the date of
the enactment of the Space Frontier Act of 2019, the Secretary
shall establish standards, in consultation with the Secretary
of Defense and the head of such other Federal agency as the
Secretary considers appropriate, for determining de minimis
Earth observation activities that would be eligible for a
waiver under paragraph (1).
``(c) Coverage of Authorization.--The Secretary shall, to the
maximum extent practicable, require a single authorization for a
person--
``(1) to conduct multiple Earth observation activities
using a single space object;
``(2) to operate multiple space objects carrying out
substantially similar Earth observation activities; or
``(3) to use multiple space objects to carry out a single
Earth observation activity.
``(d) Application.--
``(1) In general.--A person seeking an authorization under
this subchapter shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may require for the purposes described in section
60121, including--
``(A) a description of the proposed Earth
observation activity, including--
``(i) a physical and functional description
of each space object;
``(ii) the orbital characteristics of each
space object, including altitude, inclination,
orbital period, and estimated operational
lifetime; and
``(iii) a list of the names of all persons
that have or will have direct operational or
financial control of the Earth observation
activity;
``(B) a plan to prevent orbital debris consistent
with the 2001 United States Orbital Debris Mitigation
Standard Practices or any subsequent revision thereof;
and
``(C) a description of the capabilities of each
instrument to be used to observe the Earth in the
conduct of the Earth observation activity.
``(2) Application status.--Not later than 14 days after the
date on which an application is received, the Secretary shall
make a determination whether the application is complete or
incomplete and notify the applicant of that determination,
including, if incomplete, the reason the application is
incomplete.
``(e) Review.--
``(1) In general.--Not later than 90 days after the date on
which the Secretary makes a determination under subsection
(d)(2) that an application is complete, the Secretary shall
review all information provided in that application and,
subject to the provisions of this subsection, notify the
applicant in writing whether the application was approved, with
or without conditions, or denied.
``(2) Approvals.--The Secretary shall approve an
application under this subsection if the Secretary determines
that--
``(A) the Earth observation activity is consistent
with the purposes described in section 60121; and
``(B) the applicant is in compliance, and will
continue to comply, with this subchapter, including
regulations.
``(3) Denials.--
``(A) In general.--If an application under this
subsection is denied, the Secretary--
``(i) shall include in the notification
under paragraph (1)--
``(I) a reason for the denial; and
``(II) a description of each
deficiency, including guidance on how
to correct the deficiency;
``(ii) shall sign the notification under
paragraph (1);
``(iii) may not delegate the duty under
clause (ii); and
``(iv) shall submit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and
Technology of the House of Representatives a
copy of the notification.
``(B) Interagency review.--Not later than 3 days
after the date on which the Secretary makes a
determination under subsection (d)(2) that an
application is complete, the Secretary shall consult
with the head of each Federal department and agency
described in section 60122(b) and if any head of such
Federal department or agency does not support approving
the application--
``(i) that head of another Federal
department or agency--
``(I) not later than 60 days after
the date on which such consultation
occurs, shall notify the Secretary, in
writing, of the reason for withholding
support, including a description of
each deficiency and guidance on how to
correct the deficiency;
``(II) shall sign the notification
under subclause (I); and
``(III) may not delegate the duty
under subclause (II), except the
Secretary of Defense may delegate the
duty under subclause (II) to an Under
Secretary of Defense; and
``(ii) subject to all applicable laws, the
Secretary shall include the notification under
clause (i) in the notification under paragraph
(1), including classified information if--
``(I) the Secretary of Defense or
the Director of National Intelligence,
as appropriate, determines that
disclosure of the classified
information is appropriate; and
``(II) the applicant has the
required security clearance for the
classified information.
``(C) Interagency assents.--If the head of another
Federal department or agency does not notify the
Secretary under subparagraph (B)(i)(I) within the time
specified in that subparagraph, that head of another
Federal department or agency shall be deemed to have
assented to the application.
``(D) Interagency dissents.--If, during the review
of an application under paragraph (1), a head of a
Federal department or agency described in subparagraph
(B) disagrees with the Secretary or the head of another
Federal department or agency described in subparagraph
(B) with respect to a deficiency under this subsection,
the Secretary shall submit the matter to the President,
who shall resolve the dispute before the applicable
deadline under paragraph (1).
``(E) Deficiencies.--The Secretary shall--
``(i) provide each applicant under this
paragraph with a reasonable opportunity--
``(I) to correct each deficiency
identified under subparagraph
(A)(i)(II); and
``(II) to resubmit a corrected
application for reconsideration; and
``(ii) not later than 30 days after the
date of on which a corrected application under
clause (i)(II) is received, make a
determination whether to approve the
application or not, in consultation with--
``(I) each head of another Federal
department or agency that submitted a
notification under subparagraph (B);
and
``(II) the head of such other
Federal department or agency as the
Secretary considers necessary.
``(F) Improper basis for denial.--
``(i) Competition.--The Secretary shall not
deny an application under this subsection in
order to protect any existing Earth observation
activity from competition.
``(ii) Capabilities.--The Secretary shall
not, to the maximum extent practicable, deny an
application under this subsection based solely
on the capabilities of the Earth observation
activity if those capabilities--
``(I) are commercially available;
or
``(II) are reasonably expected to
be made commercially available, not
later than 3 years after the date of
the application, in the international
or domestic marketplace.
``(iii) Applicability.--The prohibition
under clause (ii)(II) shall apply whether the
marketplace products and services originate
from the operation of aircraft, uncrewed
aircraft, or other platforms or technical means
or are assimilated from a variety of data
sources.
``(4) Deadline.--If the Secretary does not notify an
applicant in writing before the applicable deadline under
paragraph (1), the Secretary shall, not later than 1 business
day after the date of the applicable deadline, notify the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives of the status of the application,
including the reason the deadline was not met.
``(5) Expedited review process.--Subject to paragraph (2)
and section 60122(b), the Secretary may modify the requirements
under this subsection, as the Secretary considers appropriate,
to expedite the review of an application that seeks to conduct
an Earth observation activity that is substantially similar to
an Earth observation activity already licensed under this
subchapter.
``(f) Additional Requirements.--An authorization issued under this
subchapter shall require the authorized person--
``(1) to be in compliance with this subchapter;
``(2) to notify the Secretary of any significant change in
the information contained in the application; and
``(3) to make available to the government of any country,
including the United States, unenhanced data collected by the
Earth observation system concerning the territory under the
jurisdiction of that government as soon as such data are
available and on reasonable commercial terms and conditions.
``(g) Prohibition on Retroactive Conditions.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary may not modify any condition on, or add any condition
to, an authorization under this subchapter after the date of
the authorization.
``(2) Rule of construction.--Nothing in this section shall
be constructed to prohibit the Secretary from removing a
condition on an authorization under this subchapter.
``(3) Interagency review.--
``(A) In general.--Subject to subparagraphs (B) and
(E), the Secretary or the head of a Federal department
or agency described in section 60122(b) may, without
delegation, propose the modification or addition of a
condition to an authorization under this subchapter
after the date of the authorization.
``(B) Consultation requirement.--Prior to making
the modification or addition under subparagraph (A),
the Secretary or the applicable head of the Federal
department or agency shall consult with the head of
each of the other Federal departments and agencies
described in section 60122(b) and if any head of such
Federal department or agency does not support such
modification or addition that head of another Federal
department or agency--
``(i) not later than 60 days after the date
on which the consultation occurs, shall notify
the Secretary, in writing, of the reason for
withholding support;
``(ii) shall sign the notification under
clause (i); and
``(iii) may not delegate the duty under
clause (ii).
``(C) Interagency assents.--If the head of another
Federal department or agency does not notify the
Secretary under subparagraph (B)(i) within the time
specified in that subparagraph, that head of another
Federal department or agency shall be deemed to have
assented to the modification or addition under
subparagraph (A).
``(D) Interagency dissents.--If the head of a
Federal department or agency described in subparagraph
(A) disagrees with the Secretary or the head of another
Federal department or agency described in subparagraph
(A) with respect to such modification or addition under
this paragraph, the Secretary shall submit the matter
to the President, who shall resolve the dispute.
``(E) Notice.--Prior to making a modification or
addition under subparagraph (A), the Secretary or the
head of the Federal department or agency, as
applicable, shall--
``(i) provide notice to the licensee of the
reason for the proposed modification or
addition, including, if applicable, a
description of any deficiency and guidance on
how to correct the deficiency; and
``(ii) provide the licensee a reasonable
opportunity to correct a deficiency identified
in clause (i).
``Sec. 60125. Annual reports
``(a) In General.--Not later than 180 days after the date of the
enactment of the Space Frontier Act of 2019, and annually thereafter,
the Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a report on the progress in
implementing this subchapter, including--
``(1) a list of all applications received or pending in the
previous calendar year and the status of each such application;
``(2) notwithstanding paragraph (4) of section 60124(e), a
list of all applications, in the previous calendar year, for
which the Secretary missed the deadline under paragraph (1) of
that section, including the reasons the deadline was not met;
and
``(3) a description of all actions taken by the Secretary
under the administrative authority granted under section 60123.
``(b) Classified Annexes.--Each report under subsection (a) may
include classified annexes as necessary to protect the disclosure of
sensitive or classified information.
``(c) Cessation of Effectiveness.--This section ceases to be
effective September 30, 2021.
``Sec. 60126. Regulations
``The Secretary may promulgate regulations to implement this
subchapter.
``Sec. 60127. Relationship to other executive agencies and laws
``(a) Executive Agencies.--Except as provided in this subchapter or
chapter 509, or any activity regulated by the Federal Communications
Commission under the Communications Act of 1934 (47 U.S.C. 151 et
seq.), a person is not required to obtain from an executive agency a
license, approval, waiver, or exemption to conduct a nongovernmental
Earth observation activity.
``(b) Rule of Construction.--This subchapter does not affect the
authority of--
``(1) the Federal Communications Commission under the
Communications Act of 1934 (47 U.S.C. 151 et seq.); or
``(2) the Secretary of Transportation under chapter 509.
``(c) Nonapplication.--This subchapter does not apply to any space
activity the United States Government carries out for the
Government.''; and
(3) by amending section 60147 to read as follows:
``Sec. 60147. Consultation
``(a) Consultation With Secretary of Defense.--The Landsat Program
Management shall consult with the Secretary of Defense on all matters
relating to the Landsat Program under this chapter that affect national
security. The Secretary of Defense shall be responsible for determining
those conditions, consistent with this chapter, necessary to meet
national security concerns of the United States and for notifying the
Landsat Program Management of such conditions.
``(b) Consultation With Secretary of State.--
``(1) In general.--The Landsat Program Management shall
consult with the Secretary of State on all matters relating to
the Landsat Program under this chapter that affect
international obligations. The Secretary of State shall be
responsible for determining those conditions, consistent with
this chapter, necessary to meet international obligations and
policies of the United States and for notifying the Landsat
Program Management of such conditions.
``(2) International aid.--Appropriate United States
Government agencies are authorized and encouraged to provide
remote sensing data, technology, and training to developing
nations as a component of programs of international aid.
``(3) Reporting discriminatory distribution.--The Secretary
of State shall promptly report to the Landsat Program
Management any instances outside the United States of
discriminatory distribution of Landsat data.
``(c) Status Report.--The Landsat Program Management shall, as
often as necessary, provide to Congress complete and updated
information about the status of ongoing operations of the Landsat
system, including timely notification of decisions made with respect to
the Landsat system in order to meet national security concerns and
international obligations and policies of the United States
Government.''.
(b) Table of Contents.--The table of contents of chapter 601 of
title 51, United States Code, is amended by striking the items relating
to subchapter III and inserting the following:
``subchapter iii--authorization of nongovernmental earth observation
activities
``60121. Purposes.
``60122. General authority.
``60123. Administrative authority of Secretary.
``60124. Authorization to conduct nongovernmental Earth observation
activities.
``60125. Annual reports.
``60126. Regulations.
``60127. Relationship to other executive agencies and laws.''.
(c) Rules of Construction.--
(1) Nothing in this section or the amendments made by this
section shall affect any license, or application for a license,
to operate a private remote sensing space system that was made
under subchapter III of chapter 601 of title 51, United States
Code (as in effect before the date of the enactment of this
Act), before the date of the enactment of this Act. Such
license shall continue to be subject to the requirements to
which such license was subject under that chapter as in effect
on the day before the date of the enactment of this Act.
(2) Nothing in this section or the amendments made by this
section shall affect the prohibition on the collection and
release of detailed satellite imagery relating to Israel under
section 1064 of the National Defense Authorization Act for
Fiscal Year 1997 (51 U.S.C. 60121 note).
SEC. 202. RADIO-FREQUENCY MAPPING REPORT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce, in consultation with
the Secretary of Defense and the Director of National Intelligence,
shall complete and submit a report on space-based radio-frequency
mapping to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Armed Services of the Senate;
(4) the Committee on Science, Space, and Technology of the
House of Representatives;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(6) the Committee on Armed Services of the House of
Representatives.
(b) Contents.--The report under subsection (a) shall include--
(1) a discussion of whether a need exists to regulate
space-based radio-frequency mapping;
(2) a description of any immitigable impacts of space-based
radio-frequency mapping on national security, United States
competitiveness and space leadership, or Constitutional rights;
(3) any recommendations for additional regulatory action
regarding space-based radio-frequency mapping;
(4) a detailed description of the costs and benefits of the
recommendations described in paragraph (3); and
(5) an evaluation of--
(A) whether the development of voluntary consensus
industry standards in coordination with the Department
of Defense is more appropriate than issuing regulations
with respect to space-based radio-frequency mapping;
and
(B) whether existing law, including regulations and
policies, could be applied in a manner that prevents
the need for additional regulation of space-based
radio-frequency mapping.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
TITLE III--MISCELLANEOUS
SEC. 301. PROMOTING FAIRNESS AND COMPETITIVENESS FOR NASA PARTNERSHIP
OPPORTUNITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) fair access to available NASA assets and services on a
reimbursable, noninterference, equitable, and predictable basis
is advantageous in enabling the United States commercial space
industry;
(2) NASA should continue to promote fairness to all parties
and ensure best value to the Federal Government in granting use
of NASA assets, services, and capabilities in a manner that
contributes to NASA's missions and objectives; and
(3) NASA should continue to promote small business
awareness and participation through advocacy and collaborative
efforts with internal and external partners, stakeholders, and
academia.
(b) Guidance for Small Business Participation.--The Administrator
of NASA shall--
(1) provide opportunities for the consideration of small
business concerns during public-private partnership planning
processes and in public-private partnership plans;
(2) invite the participation of each relevant director of
an Office of Small and Disadvantaged Business Utilization under
section 15(k) of the Small Business Act 915 U.S.C. 644(k) in
public-private partnership planning processes and provide the
director access to public-private partnership plans;
(3) not later than 90 days after the date of the enactment
of this Act--
(A) identify and establish a list of all NASA
assets, services, and capabilities that are available,
or will be available, for public-private partnership
opportunities; and
(B) make the list under subparagraph (A) available
on NASA's website, in a searchable format;
(4) periodically as needed, but not less frequently than
annually, update the list and website under paragraph (3); and
(5) not later than 180 days after the date of the enactment
of this Act, develop a policy and issue guidance for a
consistent, fair, and equitable method for scheduling and
establishing priority of use of the NASA assets, services, and
capabilities identified under this subsection.
(c) Strengthening Small Business Awareness.--Not later than 180
days after the date of the enactment of this Act, the Administrator of
NASA shall designate an official at each NASA Center--
(1) to serve as an advocate for small businesses within the
office that manages partnerships at each Center; and
(2) to provide guidance to small businesses on how to
participate in public-private partnership opportunities with
NASA.
SEC. 302. MAINTAINING A NATIONAL LABORATORY IN SPACE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States national laboratory in space, which
currently consists of the United States segment of the ISS
(designated a national laboratory under section 70905 of title
51, United States Code)--
(A) benefits the scientific community and promotes
commerce in space;
(B) fosters stronger relationships among NASA and
other Federal agencies, the private sector, and
research groups and universities;
(C) advances science, technology, engineering, and
mathematics education through utilization of the unique
microgravity environment; and
(D) advances human knowledge and international
cooperation;
(2) after the ISS is decommissioned, the United States
should maintain a national microgravity laboratory in space;
(3) in maintaining a national microgravity laboratory
described in paragraph (2), the United States should make
appropriate accommodations for different types of ownership and
operational structures for the ISS and future space stations;
(4) the national microgravity laboratory described in
paragraph (2) should be maintained beyond the date on which the
ISS is decommissioned and, if possible, in cooperation with
international space partners to the extent practicable; and
(5) NASA should continue to support fundamental science
research on future platforms in low-Earth orbit and cis-lunar
space, short duration suborbital flights, drop towers, and
other microgravity testing environments.
(b) Report.--The Administrator of NASA shall produce, in
coordination with the National Space Council and other Federal agencies
as the Administrator considers relevant, a report detailing the
feasibility of establishing a microgravity national laboratory
Federally Funded Research and Development Center to undertake the work
related to the study and utilization of in-space conditions.
SEC. 303. PRESENCE IN LOW-EARTH ORBIT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national and economic security interests
of the United States to maintain a continuous human presence in
low-Earth orbit; and
(2) low-Earth orbit should be utilized as a testbed to
advance human space exploration, scientific discoveries, and
United States economic competitiveness and commercial
participation.
(b) Human Presence Requirement.--NASA shall continuously maintain
the capability for a continuous human presence in low-Earth orbit
through and beyond the useful life of the ISS.
SEC. 304. CONTINUATION OF THE ISS.
(a) Continuation of the International Space Station.--Section
501(a) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18351(a)) is amended by striking
``2024'' and inserting ``2030''.
(b) Maintenance of the United States Segment and Assurance of
Continued Operations of the International Space Station.--Section
503(a) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18353(a)) is amended by striking
``2024'' and inserting ``2030''.
(c) Research Capacity Allocation and Integration of Research
Payloads.--Section 504(d) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18354(d)) is
amended by striking ``2024'' each place it appears and inserting
``2030''.
(d) Maintaining Use Through at Least 2030.--Section 70907 of title
51, United States Code, is amended--
(1) in the section heading, by striking ``2024'' and
inserting ``2030''; and
(2) by striking ``2024'' each place it appears and
inserting ``2030''.
SEC. 305. UNITED STATES POLICY ON ORBITAL DEBRIS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) existing guidelines for the mitigation of orbital
debris may not be adequate to ensure long-term usability of the
space environment for all users; and
(2) the United States should continue to exercise a
leadership role in developing orbital debris prevention
standards that may be used by all space-faring nations.
(b) Policy of the United States.--It is the policy of the United
States to have consistent standards across Federal agencies that
minimize the risks from orbital debris in order to protect--
(1) the public health and safety;
(2) humans in space;
(3) the national security interests of the United States;
(4) the safety of property;
(5) space objects from interference; and
(6) the foreign policy interests of the United States.
SEC. 306. LOW-EARTH ORBIT COMMERCIALIZATION PROGRAM.
(a) Program Authorization.--The Administrator of NASA may establish
a low-Earth orbit commercialization program to encourage the fullest
commercial use and development of space by the private sector of the
United States.
(b) Contents.--The program under subsection (a) may include--
(1) activities to stimulate demand for human space flight
products and services in low-Earth orbit;
(2) activities to improve the capability of the ISS to
accommodate commercial users; and
(3) subject to subsection (c), activities to accelerate the
development of commercial space stations or commercial space
habitats.
(c) Conditions.--
(1) Cost share.--The Administrator shall give priority to
an activity under subsection (b)(3) in which the private sector
entity conducting the activity provides a share of the cost to
develop and operate the activity.
(2) Commercial space habitat.--The Administration may not
engage in an activity under subsection (b)(3) until after the
date on which the Administrator of NASA awards a contract for
the use of a docking port on the ISS.
(d) Reports.--Not later than 30 days after the date on which an
award or agreement is made under subsection (b)(3), the Administrator
of NASA shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a report on the development
of the commercial space station or commercial space habitat, as
applicable, including a business plan for how the activity will--
(1) meet NASA's future requirements for low-Earth orbit
human space flight services; and
(2) satisfy the non-Federal funding requirement under
subsection (c)(1).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator of NASA to carry out a low-Earth
commercialization program under this section $150,000,000 for fiscal
year 2020.
SEC. 307. BUREAU OF SPACE COMMERCE.
(a) In General.--Chapter 507 of title 51, United States Code, is
amended--
(1) in the heading, by striking ``OFFICE'' and inserting
``BUREAU'';
(2) by amending section 50701 to read as follows:
``Sec. 50701. Definition of Bureau
``In this chapter, the term `Bureau' means the Bureau of Space
Commerce established in section 50702 of this title.'';
(3) in section 50702--
(A) by amending subsection (a) to read as follows:
``(a) In General.--There is established within the Department of
Commerce a Bureau of Space Commerce.'';
(B) by amending subsection (b) to read as follows:
``(b) Assistant Secretary.--The Bureau shall be headed by an
Assistant Secretary for Space Commerce, to be appointed by the
President with the advice and consent of the Senate and compensated at
level II or III of the Executive Schedule, as determined by the
Secretary of Commerce. The Assistant Secretary shall report directly to
the Secretary of Commerce.'';
(C) in subsection (c)--
(i) in the matter preceding paragraph (1),
by striking ``Office'' and inserting
``Bureau'';
(ii) in paragraph (2), by inserting ``,
including activities licensed under chapter 601
of this title'' before the semicolon; and
(iii) in paragraph (5), by striking
``Position,'' and inserting ``Positioning,'';
and
(D) in subsection (d)--
(i) in the heading, by striking
``Director'' and inserting ``Assistant
Secretary'';
(ii) in the matter preceding paragraph
(1)--
(I) by striking ``Director'' and
inserting ``Assistant Secretary''; and
(II) by striking ``Office shall''
and inserting ``Bureau shall, under the
direction and supervision of the
Secretary,'';
(iii) by redesignating paragraphs (1)
through (7) as paragraphs (3) through (9),
respectively; and
(iv) by inserting before paragraph (3), as
redesignated, the following:
``(1) to oversee the issuing of licenses under chapter 601
of this title;
``(2) coordinating Department policy impacting commercial
space activities and working with other executive agencies to
promote policies that advance commercial space activities;'';
and
(v) in paragraph (8), as redesignated, by
inserting ``, consistent with the international
obligations, foreign policy, and national
security interests of the United States''
before the semicolon;
(4) in section 50703--
(A) by striking ``Office'' and inserting
``Bureau''; and
(B) by striking ``Committee on Science and
Technology of the House of Representatives'' and
inserting ``Committee on Science, Space, and Technology
of the House of Representatives''; and
(5) by adding at the end the following:
``Sec. 50704. Authorization of appropriations
``There is authorized to be appropriated to the Secretary of
Commerce to carry out this chapter $10,000,000 for each of fiscal years
2020 through 2024.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents of chapter
507 of title 51, United States Code, is amended--
(A) in the item relating to section 50701, by
striking ``Office'' and inserting ``Bureau''; and
(B) by adding after the item relating to section
50703 the following:
``50704. Authorization of appropriations.''.
(2) Table of chapters.--The table of chapters of title 51,
United States Code, is amended in the item relating to chapter
507 by striking ``Office'' and inserting ``Bureau''.
(3) Cooperation with former soviet republics.--Section 218
of the National Aeronautics and Space Administration
Authorization Act, Fiscal Year 1993 (51 U.S.C. 50702 note) is
amended by striking ``Office'' each place it appears and
inserting ``Bureau''.
Calendar No. 323
116th CONGRESS
1st Session
S. 919
[Report No. 116-172]
_______________________________________________________________________
A BILL
To reduce regulatory burdens and streamline processes related to
commercial space activities, and for other purposes.
_______________________________________________________________________
December 11, 2019
Reported without amendment