[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4945 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 4945

 To permanently secure the United States as the preeminent spacefaring 
                    nation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 2016

Mr. Bridenstine (for himself and Mr. Lamborn) introduced the following 
   bill; which was referred to the Committee on Science, Space, and 
Technology, and in addition to the Committees on Armed Services, Select 
Intelligence (Permanent Select), Rules, Ways and Means, Transportation 
  and Infrastructure, Energy and Commerce, and Foreign Affairs, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To permanently secure the United States as the preeminent spacefaring 
                    nation, 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 ``American Space 
Renaissance Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                       TITLE I--NATIONAL SECURITY

Sec. 101. Space doctrine, organization, acquisition, and architecture 
                            development.
Sec. 102. Satellite communications.
Sec. 103. Positioning, navigation, and timing.
Sec. 104. Weather.
Sec. 105. Space situational awareness.
Sec. 106. Launch services.
Sec. 107. Air Force Satellite Control Network.
Sec. 108. Remote sensing.
Sec. 109. Congressional defense committees defined.
                            TITLE II--CIVIL

Sec. 201. Definitions.
Sec. 202. National Aeronautics and Space Administration.
Sec. 203. Human mission to Mars.
Sec. 204. Human presence in low-Earth orbit.
Sec. 205. Space debris remediation.
Sec. 206. GAO report on insuring NASA Class C and Class D payloads and 
                            cargo.
                         TITLE III--COMMERCIAL

Sec. 301. Office of Commercial Space Transportation.
Sec. 302. Office of Spaceports.
Sec. 303. Situational awareness of objects in Earth orbit.
Sec. 304. Space traffic management.
Sec. 305. Space-based data.
Sec. 306. Department of Commerce space-related activities.
Sec. 307. Commercial remote sensing licensing reform.
Sec. 308. Weather.
Sec. 309. American space competitiveness.
Sec. 310. Space training aircraft.
Sec. 311. Workforce enhancement.

                       TITLE I--NATIONAL SECURITY

SEC. 101. SPACE DOCTRINE, ORGANIZATION, ACQUISITION, AND ARCHITECTURE 
              DEVELOPMENT.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) national security space capabilities play a critical 
        strategic role to help ensure economic prosperity, military 
        deterrence, and power projection; and
            (2) civil and commercial space capabilities are critical 
        for, and increasingly contribute to, national security 
        missions.
    (b) National Security Doctrine on Space.--Not later than one year 
after the date of the enactment of this Act, the President, in 
consultation with the Secretary of Defense and the Director of National 
Intelligence, shall develop--
            (1) doctrine for the Armed Forces and the intelligence 
        community (as defined in section 3 of the National Security Act 
        of 1947 (50 U.S.C. 3001)) governing the response of the United 
        States to efforts by state and nonstate actors to 
        deliberately--
                    (A) deny the United States or allies or partners of 
                the United States access to space or space operations; 
                or
                    (B) degrade or destroy Government or commercial 
                space assets of the United States or allies or partners 
                of the United States; and
            (2) doctrine for the Armed Forces with respect to the rules 
        of engagement for space forces.
    (c) Principal Department of Defense Space Advisor.--
            (1) In general.--Chapter 135 of title 10 is amended by 
        adding at the end the following new section:
``Sec. 2279d. Principal Defense Space Advisor
    ``(a) In General.--The Secretary of Defense shall designate an 
official of the Department to be the Principal Defense Space Advisor, 
who, in addition to the other duties of such official, shall act as the 
principal advisor to the Secretary on all space matters.
    ``(b) Responsibilities.--The Principal Defense Space Advisor shall 
be responsible for the following:
            ``(1) Serving as the principal advisor to the Secretary of 
        Defense, the Deputy Secretary of Defense, the Joint Chiefs of 
        Staff, the Joint Requirements Oversight Council, the Deputy's 
        Management Action Group, and the Defense Acquisition Board on 
        all space matters.
            ``(2) Serving as the Principal Advisor on Space Control 
        under section 2279a of this title.
            ``(3) Overseeing the entire space enterprise of the 
        Department of Defense by reviewing all policies, strategies, 
        plans, programming, and architecture assessments relating to 
        space.
            ``(4) Conducting annual Defense-wide space strategic 
        portfolio reviews in coordination with the Defense Space 
        Council and the Director of Cost Assessment and Program 
        Evaluation.
            ``(5) Chairing the Defense Space Council.
            ``(6) Providing the Deputy's Management Action Group with 
        independent assessments and recommendations, as requested by 
        the Deputy Secretary, in cases where members of the Defense 
        Space Council are unable to reach consensus.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 2279c the following new item:

``2279d. Principal Defense Space Advisor.''.
            (3) Replacement of executive agent.--The position in the 
        Department of Defense of the Principal Defense Space Advisor 
        designated under section 2279d of title 10, United States Code, 
        as added by paragraph (1), supersedes the position in the 
        Department of Defense Executive Agent for Space.
            (4) Conforming amendments.--Title 10, United States Code, 
        is amended--
                    (A) in section 2279a(a), by striking ``The 
                Secretary of Defense'' and all that follows through 
                ``such senior official,'' and inserting ``The Principal 
                Defense Space Advisor established by section 2279d of 
                this title shall also serve as the Principal Advisor on 
                Space Control and''; and
                    (B) by striking ``Department of Defense Executive 
                Agent for Space'' and inserting ``Principal Defense 
                Space Advisor'' each place it appears.
    (d) Sharing of Cyber and Space Situational Awareness Information.--
            (1) Strategy.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        develop and commence the implementation of a strategy to 
        increase interoperability between systems that electronically 
        share cyberspace situational awareness and space situational 
        awareness data and information across the space and cyberspace 
        enterprises of the Department of Defense, including among 
        space, cyberspace, and air operations centers.
            (2) Submission of strategy.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary shall 
        submit to the congressional defense committees the strategy 
        developed under paragraph (1), including--
                    (A) a plan to carry out the increased operability 
                between space systems described in such paragraph;
                    (B) a description of current and future initiatives 
                to increase automated data transfer;
                    (C) cost estimates for developing, procuring, 
                installing and sustaining the systems described in such 
                paragraph; and
                    (D) a description of any regulatory or legislative 
                actions required to fully implement the strategy.
    (e) Integrated Major Space Program Acquisition.--
            (1) Limitation.--Of the funds authorized to be appropriated 
        or otherwise made available for fiscal year 2017 for the Under 
        Secretary of Defense for Acquisition, Technology, and 
        Logistics, not more than 50 percent may be obligated or 
        expended until the date on which the Under Secretary certifies 
        to the congressional defense committees that the Under 
        Secretary is compliant with the assessment, reporting, and 
        notification requirements under section 2275 of title 10, 
        United States Code.
            (2) Annual certifications.--Section 2275 of title 10, 
        United States Code, is amended--
                    (A) by redesignating subsection (g) as subsection 
                (h);
                    (B) by inserting after subsection (f) the following 
                new subsection (g):
    ``(g) Certification of Integrated Programs.--(1) During each of 
fiscal years 2018 through 2027, the Secretary of Defense shall certify 
to the congressional defense committees that each major satellite 
acquisition program that has received Milestone B approval is an 
integrated program with respect to acquisition and delivery of segments 
of the program.
    ``(2) A major satellite acquisition program may not receive 
Milestone C approval if the Secretary has not made a certification 
under paragraph (1) with respect to such program.
    ``(3) For each major satellite acquisition program that the 
Secretary does not make a certification under paragraph (1), the 
Secretary shall provide the congressional defense committees a briefing 
explaining why such certification may not be made, including a 
discussion of the matters described in subsection (e)(2).''; and
                    (C) in subsection (h), as redesignated by 
                subparagraph (A), by adding at the end the following 
                new paragraph:
            ``(5) Milestone c approval.--The term `Milestone C 
        approval' has the meaning given that term in section 2366(e) of 
        this title.''.
    (f) Hosted Payloads.--
            (1) In general.--Section 2273 of title 10, United States 
        Code, is amended by adding at the end the following new 
        subsection:
    ``(d) Hosted Payloads.--(1) To the extent practical, the Secretary 
shall ensure that any space architecture of the Department of Defense 
uses hosted payloads.
    ``(2) Beginning January 1, 2026, the Secretary shall give 
preference to launching hosted payloads on launch vehicles owned and 
operated by companies domiciled in the United States.
    ``(3) For each space program of the Department requiring the launch 
of assets into space, the Secretary shall ensure that any analysis of 
alternatives conducted for the program considers alternatives with 
hosted payloads and commercial services.''.
            (2) Plan.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense, in 
        consultation with the Director of the Space and Missile Systems 
        Center and the Principal Defense Space Advisor designated under 
        section 2279d of title 10, United States Code, as added by 
        subsection (c)(1), shall submit to the congressional defense 
        committees a plan to increase the use of hosted payloads. The 
        plan shall include the following elements:
                    (A) An analysis of how the Secretary can increase 
                the use of the Hosted Payload Solutions program, 
                including identification of planned missions over the 
                next five fiscal years which may use hosted payloads.
                    (B) Criteria and standards necessary for new 
                entrants to qualify for Hosted Payload Solutions 
                program certification.
    (g) Protection Capabilities.--
            (1) Assessment.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Defense, in 
        consultation with the Principal Defense Space Advisor 
        designated under section 2279d of title 10, United States Code, 
        as added by subsection (c)(1), shall submit to the 
        congressional defense committees an assessment of desirable 
        protection capabilities that would enhance the integration of 
        commercial space systems into national security space 
        architectures.
            (2) Elements.--The assessment under paragraph (1) shall 
        include the following:
                    (A) A prioritized list by space mission area of 
                protection capabilities that could improve the 
                resilience of commercial space systems.
                    (B) The estimated costs for commercial operators to 
                integrate the highest priority protection capabilities 
                into commercial systems.
                    (C) An examination of any issues associated with 
                the quality, integrity, security, reliability, and 
                continuity of commercial space data.
            (3) Consultation.--Before submitting the assessment under 
        paragraph (1), the Secretary shall consult with appropriate 
        representatives from the commercial space industry with respect 
        to the initial findings and recommendations of the Secretary 
        developed under such paragraph.
    (h) Sense of Congress.--It is the sense of Congress that--
            (1) the Department of Defense should thoroughly examine the 
        opportunities offered by high-volume satellite manufacturing as 
        the capability for such manufacturing emerges; and
            (2) high-volume satellite manufacturing could dramatically 
        lower costs through leveraging economies of scale and also 
        contribute to resiliency through proliferated constellations.

SEC. 102. SATELLITE COMMUNICATIONS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) current and future satellite communications 
        architectures of the Department of Defense should be resilient 
        and integrated; and
            (2) to achieve these goals, such architectures should 
        include an enterprise-level situational awareness network and 
        capabilities to dynamically, efficiently, and seamlessly 
        allocate satellite communications capacity and shift between 
        frequencies and levels of protection.
    (b) Analysis of Alternatives.--
            (1) Matters considered.--Section 1611(a) of the National 
        Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
        92) is amended by adding at the end the following new 
        sentences: ``Such analysis of alternatives shall provide 
        detailed assumptions with respect to a comparison between the 
        full life-cycle associated costs for military and commercial 
        satellite communications, including estimates for military and 
        personnel costs associated with operating and maintaining 
        Government-owned, Government-operated systems and other costs, 
        including with respect to military construction. Such analysis 
        of alternatives shall also consider technology development of 
        commercial satellite communications, including high throughput 
        capacity satellites, commercial investment, technology 
        insertion plans, and upgrades. Such analysis of alternatives 
        shall also include available data and the results of the 
        Pathfinder program of the Air Force Space and Missile Systems 
        Center and the Defense Information Systems Agency.''.
            (2) Independent review.--Such section is further amended by 
        adding at the end the following new subsection:
    ``(c) Independent Review.--
            ``(1) Comptroller general.--Not later than 90 days after 
        the date on which the Secretary completes the analysis of 
        alternatives under subsection (a), and prior to submitting the 
        report under subsection (b), the Comptroller General of the 
        United States shall review such analysis. In addition to any 
        other matters the Comptroller considers appropriate, the review 
        shall assess whether such analysis meets the requirements of 
        subsection (a).
            ``(2) Submission.--The Secretary shall submit to the 
        congressional defense committees the review required under 
        paragraph (1) along with the analysis of alternatives conducted 
        under section 1611(a) of the National Defense Authorization Act 
        for Fiscal Year 2016 (Public Law 114-92).''.
    (c) Terminals.--
            (1) Multiband.--With respect to any satellite 
        communications terminal acquisition program of the Department 
        beginning on or after the date of the enactment of this Act, 
        the Secretary of Defense shall ensure that--
                    (A) such program will field multiband terminals;
                    (B) any requirements developed in support of such 
                program, including through the Joint Requirements 
                Oversight Council or the Requirements Oversight 
                Councils of the military departments, take into 
                consideration the terminal user preferences. the ease 
                of platform integration into space system design 
                requirements, and the total cost of ownership, 
                including sustainment costs; and
                    (C) the Secretary--
                            (i) approves any exceptions to 
                        subparagraphs (A) and (B); and
                            (ii) not later than 60 days after such 
                        approval, notifies the congressional defense 
                        committees of such exceptions.
            (2) Strategy.--
                    (A) Not later than one year after the date of the 
                enactment of this Act, the Secretary of Defense, in 
                consultation with the Under Secretary of Defense for 
                Acquisition, Technology, and Logistics, Principal 
                Defense Space Advisor designated under section 2279d of 
                title 10, United States Code, as added by section 
                101(c)(1), and the acquisition executives of the 
                military departments, shall develop a strategy to 
                recapitalize legacy non-multiband satellite 
                communications terminals to multiband satellite 
                communications terminals.
                    (B) The strategy under subparagraph (A) shall 
                include the following:
                            (i) A comprehensive recapitalization 
                        schedule for all platforms in the Department of 
                        Defense using satellite communications 
                        terminals.
                            (ii) A comprehensive list of all types of 
                        fielded non-multiband satellite communications 
                        terminals, the number of terminals currently in 
                        service, and the projected schedule for 
                        recapitalizing the terminals.
                            (iii) The priority, by military department, 
                        of terminal recapitalization.
                            (iv) Options for migrating the highest 
                        priority terminals in each military department 
                        to multiband terminals.
            (3) Briefing.--Not later than one year after the date of 
        the enactment of this Act, the Secretary shall provide the 
        congressional defense committees a briefing on the strategy 
        developed under paragraph (2).
    (d) Space Modernization Initiative Protected Tactical Service 
Funding.--In addition to any other amounts authorized to be 
appropriated to the Secretary of the Air Force for fiscal year 2017 for 
research, development, test, and evaluation, Air Force, there is 
authorized to be appropriated to the Secretary $150,700,000 for the 
Space Modernization Initiative activities related to Protected Tactical 
Service development and demonstration, including for the Protected 
Tactical Enterprise Service initiative.
    (e) Pathfinder Funding.--Of the amounts authorized to be 
appropriated to the Secretary of the Air Force for fiscal year 2017 for 
procurement, Air Force, there is authorized to be appropriated to the 
Secretary $30,000,000 for the Space and Missile Systems Center 
Satellite Communications Pathfinder program.
    (f) Pilot Program Funding.--In addition to any other amounts 
authorized to be appropriated to the Secretary of the Air Force for any 
of fiscal years 2017 through 2021 for operation and maintenance, Air 
Force, there is authorized to be appropriated to the Secretary 
$50,000,000 for each of fiscal years 2017 through 2021 to carry out the 
pilot program for the acquisition of commercial satellite communication 
services and enterprise-level ground integration efforts under section 
1605 of the Carl Levin and Howard P. ``Buck'' McKeon National Defense 
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 
2208 note), as amended by section 1612 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114-92).
    (g) Briefing.--On a biannual basis, the Secretary of Defense shall 
provide the congressional defense committees a briefing on the progress 
of the following:
            (1) Satellite communications Pathfinder activities.
            (2) The pilot program under section 1603 of the National 
        Defense Authorization Act of 2014 (Public Law 113-66; 10 U.S.C. 
        2359 note).
            (3) Protected Tactical Service.
            (4) Any initiative regarding enterprise-level ground 
        architecture or any other initiative the Secretary determines 
        appropriate.
    (h) DHS Study.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of Defense, shall submit to the 
congressional defense committees a report on leveraging underused 
Mobile User Objective System satellite communications capacities of the 
Department of Defense, or other narrowband communication systems, to 
complement the communications and command-and-control systems of the 
Department of Homeland Security. Such report shall include an 
assessment of critical command-and-control requirements and 
connectivity requirements and existing capability shortfalls.
    (i) Preservation of Electromagnetic Access.--The Federal 
Communications Commission--
            (1) shall ensure that commercial satellites operating in 
        geostationary and non-geostationary orbit have primary status 
        for access to the electromagnetic spectrum in the 27.5-28.35 
        gigahertz band for current and future deployments of 
        individually licensed earth stations; and
            (2) may not require commercial satellite entities to secure 
        primary access to such band through participation in an auction 
        or through secondary market procedures.

SEC. 103. POSITIONING, NAVIGATION, AND TIMING.

    (a) Sense of Congress.--It is the sense of Congress that the 
importance of positioning, navigation, and timing for national security 
and economic prosperity requires highly reliable and secure 
positioning, navigation, and timing systems, such as the Global 
Positioning System, to support commercial, civil, and national security 
programs.
    (b) Strategy on PNT Signals.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees a strategy to 
        ensure that positioning, navigation, and timing receivers of 
        the Department of Defense best leverage the global availability 
        of positioning, navigation, and timing signals from the Global 
        Positioning System, the Galileo system, and other positioning, 
        navigation, and timing systems, including commercial 
        positioning, navigation, and timing solutions that use 
        commercial satellite constellations.
            (2) Elements.--The strategy under paragraph (1) shall 
        address the following:
                    (A) Issues associated with monitoring and 
                verification of the accuracy, integrity, availability, 
                and security of foreign and commercial positioning, 
                navigation, and timing signals.
                    (B) Mechanisms for timely notification to military 
                users of the current and projected reliability of such 
                foreign and commercial systems.
                    (C) Methods for sharing information across the 
                Global Positioning System, the Galileo system, and 
                other positioning, navigation, and timing systems to 
                improve the interoperability and effectiveness of the 
                systems for military users.

SEC. 104. WEATHER.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) commercial space-based weather satellite data and 
        services that meet rigorous standards for quality, security, 
        and reliability can help mitigate gaps in coverage of critical 
        weather requirements, increase resilience of the overall 
        weather satellite architecture, and augment Government weather 
        systems to create more and better data at lower costs to the 
        taxpayer;
            (2) the Department of Defense should incorporate commercial 
        space-based weather satellite data into its weather modeling 
        products; and
            (3) the Department of Defense should maximize the use of, 
        and incentivizes the growth of, commercial weather data and 
        services of the United States and ensure that such data and 
        services are secure, reliable, and enhance military 
        effectiveness.
    (b) National Executive Committee on Weather.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the President shall establish a 
        National Executive Committee on Weather to coordinate weather-
        related matters across the departments and agencies of the 
        Federal Government. The President shall base the National 
        Executive Committee on Weather on the National Space-Based 
        Positioning, Navigation, and Timing Executive Committee.
            (2) Co-chairs; members.--The President shall appoint the 
        Deputy Secretary of Defense and the Deputy Administrator of the 
        National Oceanic and Atmospheric Administration to serve as co-
        chairs of the National Executive Committee on Weather. The 
        President shall appoint such other officials of the Federal 
        Government to serve on the National Executive Committee on 
        Weather as the President determines appropriate.
            (3) Organization.--The National Executive Committee on 
        Weather shall include--
                    (A) a permanent national coordination office 
                secretariat;
                    (B) an international working group; and
                    (C) an engineering working group.
    (c) Commercial Weather Data Quality, Security, and Reliability 
Standards.--Not later than one year after the date of the enactment of 
this Act, the Secretary of Defense shall develop and certify quality, 
security, and reliability standards, including cybersecurity standards, 
for weather data and systems to facilitate the use of commercial 
weather data and services by the Armed Forces.
    (d) Space Survivability and Surveillance Funding.--Of the amounts 
authorized to be appropriated to the Secretary of the Air Force for 
fiscal year 2017 for research, development, test, and evaluation, Air 
Force, there is authorized to be appropriated to the Secretary 
$40,000,000 for space survivability and surveillance.
    (e) Geomagnetic Storm Warning Capability.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Defense, in 
        coordination with the Administrator of the National Oceanic and 
        Atmospheric Administration and the Administrator of the 
        National Aeronautics and Space Administration, shall commence 
        the development of a follow-on geomagnetic storm warning 
        capability that includes--
                    (A) the ability to forecast, detect, and issue 
                warnings of electromagnetic pulse events, solar radio 
                bursts, and energetic particles; and
                    (B) a timely notification and warning mechanism for 
                governmental entities and private sector entities.
            (2) Commercial capabilities.--In carrying out paragraph 
        (1), the Secretary shall take into full consideration 
        commercial capabilities.
    (f) Limitation on Availability of Funds for Air Force Weather 
Agency.--
            (1) Certification.--Of the funds authorized to be 
        appropriated or otherwise made available for fiscal year 2016 
        for the Air Force for weather model forecasting (including with 
        respect to operation and maintenance of the Air Force Weather 
        Agency), not more than 10 percent may be obligated or expended 
        until the date on which the Secretary of the Air Force 
        certifies to the congressional defense committees that the 
        Secretary has initiated a full and open competition to award a 
        contract for the weather forecasting model used by the Air 
        Force Weather Agency.
            (2) Competition.--In carrying out the full and open 
        competition for the weather forecasting model described in 
        paragraph (1), Secretary shall establish the technical 
        standards required for commercial weather forecasting models to 
        integrate into weather forecasting and data assimilation 
        systems of the Department of Defense, including information 
        assurance and security classification requirements.
    (g) Commercial Weather Data Pilot Program.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall carry 
        out a pilot program under which the Secretary shall award not 
        fewer than one contract, using full and open competition, to 
        assess the potential viability of using commercial weather data 
        in the weather modeling and forecasting of the Department of 
        Defense. The pilot program shall be conducted consistent with 
        data standards established under subsection (c).
            (2) Funding.--There is authorized to be appropriated to the 
        Secretary of Defense for fiscal year 2017 not less than 
        $10,000,000 to carry out the pilot program under paragraph (1) 
        by purchasing, evaluating, and calibrating commercial weather 
        data that meets the standards and specifications set by the 
        Secretary for purposes of the pilot program.
            (3) Briefing.--Not later than 60 days after the date of the 
        enactment of this Act, the Secretary of Defense shall provide 
        to the congressional defense committees a briefing 
        demonstrating how the Secretary plans to implement the pilot 
        program under paragraph (1).
    (h) Space Based Infrared System Weather Applications.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) the Space Based Infrared System has attributes 
                including certain sensor capabilities, revisit rates, 
                and polar reach which could enhance weather prediction 
                capability, in addition to weather data collected by 
                the Department of Department, in support of meeting 
                validated weather requirements; and
                    (B) the Secretary of Defense should fully examine 
                and exploit the weather capabilities of such system.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the Committees on Armed Services of the House of 
        Representatives and the Senate a report examining the potential 
        of the Space Based Infrared System to generate useful weather 
        data in support of numerical weather models and validated 
        weather requirements of the Department of Defense.
    (i) Weather Requirements Gap Mitigation.--
            (1) Sense of congress.--It is the sense of Congress that 
        the Department of Defense can leverage Defense Meteorological 
        Satellite Program payloads, including the Special Sensor 
        Microwave Imager/Sounder, to help mitigate gaps in critical 
        validated weather requirements.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the Committees on Armed Services of the House of 
        Representatives and the Senate a report on using Defense 
        Meteorological Satellite Program payloads to mitigate gaps in 
        validated Department of Defense weather requirements, such as 
        cloud characterization, theater weather imagery, ocean wind 
        vectors, tropical cyclone intensity, snow depth, and sea ice 
        weather requirements.
    (j) Prohibition on Reliance on Foreign Countries for Space-Based 
Weather Data.--
            (1) Prohibition.--The Secretary of Defense shall ensure 
        that the Department of Defense does not plan to rely on space-
        based weather data for cloud characterization and theater 
        weather imagery provided by foreign governments.
            (2) Certification.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        congressional defense committees a certification that the 
        Secretary is in compliance with the prohibition under paragraph 
        (1).
            (3) Briefing.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall provide to the 
        congressional defense committees a briefing on how the 
        Department of Defense plans to comply with the prohibition 
        under paragraph (1).

SEC. 105. SPACE SITUATIONAL AWARENESS.

    (a) Funding.--In addition to any other amounts authorized to be 
appropriated to the Secretary of the Air Force for fiscal year 2017 for 
research, development, test, and evaluation, Air Force, and operation 
and maintenance, Air Force, there is authorized to be appropriated to 
the Secretary $30,200,000 for the operations and activities of the 
Joint Interagency Combined Space Operations Center.
    (b) Commercial Integration Cell.--Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense, in 
consultation with the Commander of United States Strategic Command, 
shall provide a briefing to the Committees on Armed Services of the 
House of Representatives and the Senate on making permanent the 
commercial integration cell pilot program conducted by the Joint Space 
Operations Center.
    (c) Report on Commercial Satellites.--Not later than one year after 
the date of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the House of 
Representatives and the Senate a report that--
            (1) identifies space situational awareness sensors 
        desirable for commercial satellite operators and other non-
        Federal Government operators to integrate into the systems of 
        the operators prior to launch to provide space situational 
        awareness data; and
            (2) addresses issues associated with the quality, security, 
        and reliability of the data derived from such commercial 
        sensors.

SEC. 106. LAUNCH SERVICES.

    (a) Priority for United States Engines.--
            (1) In general.--Beginning January 1, 2023, in awarding a 
        contract for the procurement of property or services for space 
        launch activities, the Secretary of Defense shall treat any 
        offer that proposes the use of a rocket engine described in 
        paragraph (2) as costing the Federal Government 25 percent less 
        than the price listed in the offer.
            (2) Engine described.--A rocket engine described in this 
        paragraph is a rocket engine that uses articles, materials, and 
        supplies that are allowable under section 8302(a)(1) of title 
        41, United States Code, in an acquisition for public use and 
        are not subject to an exception under chapter 83 of such title 
        (popularly known as the ``Buy American Act'').
    (b) Venture-Class Launch Services.--
            (1) Program.--Not later than one year after the date of the 
        enactment of this Act, the Secretary of Defense, in 
        consultation with the Principal Defense Space Advisor 
        designated under section 2279d of title 10, United States Code, 
        as added by section 101(c)(1), and the Director of the Space 
        Test Program, shall establish a program to competitively award 
        not fewer than four launch services contracts for venture-class 
        launch missions.
            (2) Funding.--Of the funds authorized to be appropriated by 
        this Act or otherwise made available for fiscal year 2017 to 
        the Secretary of the Air Force, not less than $27,600,000 shall 
        be obligated or expended to carry out the program established 
        under subsection (a).
    (c) Operationally Responsive Space.--
            (1) Prioritization.--Section 2273a(c) of title 10, United 
        States Code, is amended--
                    (A) by striking ``The mission'' and inserting ``(1) 
                In accordance with paragraph (2), the mission'';
                    (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively; and
                    (C) by adding at the end the following new 
                paragraph (2):
            ``(2)(A) The head of the Office shall ensure that, in 
        developing the capabilities for operationally responsive space, 
        the Office prioritizes market research and the identification 
        of commercial capabilities and services.
            ``(B) Before commencing the development of any program, the 
        head of the Office shall certify to the congressional defense 
        committees that no commercial capability or service, with or 
        without minor modifications, can meet the requirements for 
        which such program is being developed.''.
            (2) Briefing.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of the Office of 
        Operationally Responsive Space shall provide to the 
        congressional defense committees a briefing outlining any rapid 
        acquisition authority available to any other official of the 
        Department of Defense that is not also available to the 
        Director.
    (d) Evaluation of Launch Services Backup.--Of the funds authorized 
to be appropriated by this Act or otherwise made available for fiscal 
year 2017 for the Air Force for foreign comparative testing, not less 
than $4,000,000 shall be obligated or expended to conduct studies on 
the potential for non-domestic launch services providers domiciled on 
the territory of allies of the United States to serve as a backup to 
perform national security missions.

SEC. 107. AIR FORCE SATELLITE CONTROL NETWORK.

    (a) Air Force Satellite Control Network.--Not later than January 1, 
2018, the Secretary of the Air Force shall enter into a contract with a 
private entity to fully carry out the day-to-day operations of the 
Satellite Control Network of the Air Force.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees a report that includes--
            (1) the detailed strategy of the Secretary to carry out 
        subsection (a); and
            (2) an assessment of the use of a private entity to conduct 
        all day-to-day constellation operations, not including mission 
        planning and warfighting operations.
    (c) Briefings.--Not later than 180 days after the date on which the 
Secretary submits the report under subsection (b), and every 180 days 
thereafter through January 1, 2020, the Secretary shall provide 
Congress with a briefing on carrying out subsection (a).

SEC. 108. REMOTE SENSING.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the National Geospatial-Intelligence Agency and 
        National Reconnaissance Office should continue efforts to 
        implement innovative technology upgrades, flexible licensing 
        and sharing policies, analytic capability, cross-training, 
        content-in-the-open, and use of international standards, such 
        as the Open Geospatial Consortium; and
            (2) the National Geospatial-Intelligence Agency should 
        expand the use of open-source methods and data to effectively 
        answer intelligence questions.
    (b) Briefing.--Not later than 180 days after the date of the 
enactment of this Act, the Director of the National Geospatial-
Intelligence Agency shall provide to the congressional defense 
committees a briefing on funding requirements and any new acquisition 
authorities necessary to accelerate the programs and initiatives 
outlined in the Commercial Geospatial Intelligence Strategy of the 
National Geospatial-Intelligence Agency.

SEC. 109. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    In this title, the term ``congressional defense committees'' has 
the meaning given that term in section 101(a)(16) of title 10, United 
States Code.

                            TITLE II--CIVIL

SEC. 201. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of NASA.
            (2) NASA.--The term ``NASA'' means the National Aeronautics 
        and Space Administration.

SEC. 202. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) lack of consistency in leadership along with budget 
        uncertainty in out-years makes it extremely difficult for NASA 
        to have a clear purpose or mission; and
            (2) NASA should undergo reorganization, altering its 
        mission with a clearer focus, ridding itself of extraneous 
        responsibilities handled elsewhere within the Federal 
        Government or private industry, and standardizing activities 
        across the whole of NASA.
    (b) Purpose.--The purpose of this title is to provide NASA with 
clearer congressional intent, budget clarity, and stability in 
leadership.
    (c) Pioneering Doctrine.--
            (1) In general.--Title 51, United States Code, is amended--
                    (A) in section 20102--
                            (i) in subsection (d)--
                                    (I) by striking paragraphs (4), 
                                (5), and (9);
                                    (II) by redesignating paragraphs 
                                (6), (7), and (8) as paragraphs (4), 
                                (5), and (6), respectively; and
                                    (III) by amending paragraphs (1) 
                                through (3) to read as follows:
            ``(1) The expansion of the human sphere of influence 
        throughout the Solar System.
            ``(2) To be among those who first arrive at a destination 
        in space and to open it for subsequent use and development by 
        others.
            ``(3) To create and prepare infrastructure precursors in 
        support of the future use and development of space by 
        others.'';
                            (ii) by amending subsection (e) to read as 
                        follows:
    ``(e) Pioneering Doctrine.--Congress declares that the general 
welfare of the United States requires that the unique competence in 
scientific and engineering systems of the Administration also be 
directed toward the pioneering of space. The objectives of such 
pioneering shall be to increase access to destinations in space, 
explore the possible options for development at these destinations, 
demonstrate the engineering feasibility of such development, and 
transition those activities to Federal agencies outside of the 
Administration or persons or entities outside of the Federal 
Government.'';
                            (iii) by striking subsection (f) and 
                        redesignating subsections (g) and (h) as 
                        subsections (f) and (g), respectively; and
                            (iv) in subsection (g) (as so 
                        redesignated), by striking ``(g)'' and 
                        inserting ``(f)'';
                    (B) in section 20103--
                            (i) by amending paragraph (1) to read as 
                        follows:
            ``(1) Aeronautical and space activities.--The term 
        `aeronautical and space activities' means--
                    ``(A) research into, and the solution of, problems 
                of flight--
                            ``(i) within the Earth's atmosphere;
                            ``(ii) to or from space through the Earth's 
                        atmosphere; and
                            ``(iii) beyond the Earth's atmosphere;
                    ``(B) the development, construction, testing, and 
                operation for pioneering purposes of aeronautical and 
                space vehicles; and
                    ``(C) such other activities as may be required for 
                the pioneering of space.''; and
                            (ii) by adding at the end the following:
            ``(3) Space.--The term `space' means the domain beyond the 
        Earth's atmosphere.''; and
                    (C) in section 20112--
                            (i) by striking subsection (b);
                            (ii) by striking ``(a) Planning, Directing, 
                        and Conducting Aeronautical and Space 
                        Activities.--''; and
                            (iii) in paragraph (2), by striking ``the 
                        scientific community in planning scientific 
                        measurements'' and inserting ``future utilizers 
                        of space destinations, including commercial 
                        entities, the scientific community, and 
                        academia, in planning for measurements''.
            (2) Report.--
                    (A) In general.--Not later than 90 days after the 
                date of enactment of this Act, the Administrator shall 
                enter into an agreement with an independent entity 
                outside of NASA to prepare a report that--
                            (i) identifies activities and assets of 
                        NASA that are consistent with the Pioneering 
                        Doctrine described in section 20102(e), United 
                        States Code, that should be consolidated or 
                        downsized; and
                            (ii) identifies activities and assets of 
                        NASA that are inconsistent with such Pioneering 
                        Doctrine and identifies which such activities 
                        or assets should be--
                                    (I) transferred to other Federal 
                                agencies;
                                    (II) privatized or otherwise 
                                transferred to commercial entities; or
                                    (III) otherwise eliminated.
                    (B) Report to congress.--Not later than 1 year 
                after the date of enactment of this Act, the 
                Administrator shall submit to Congress the report 
                described in subparagraph (A).
                    (C) Action by administrator.--It is the sense of 
                Congress that, not later than 30 days after submitting 
                the report described in subparagraph (A), the 
                Administrator should implement any recommendations of 
                the report that the Administrator is permitted by law 
                to implement.
                    (D) Congressional action.--It is the sense of 
                Congress that, not later than 90 days after receiving 
                the report described in subparagraph (A), Congress 
                should consider legislation that is necessary to 
                implement all appropriate recommendations of such 
                report.
    (d) Ensuring Continuity in NASA Leadership.--
            (1) Administrator.--Section 20111 of title 51, United 
        States Code, is amended--
                    (A) in subsection (a)--
                            (i) by striking ``Administrator.--There is 
                        established'' and inserting ``Administrator.--
            ``(1) In general.--There is established'';
                            (ii) in paragraph (1) (as designated by 
                        clause (i) of this subparagraph)--
                                    (I) by inserting ``, pursuant to 
                                paragraph (2),'' after ``who shall be 
                                appointed''; and
                                    (II) by inserting ``The term of the 
                                Administrator shall be 5 years.'' after 
                                ``and activities thereof.''; and
                            (iii) by adding at the end the following:
            ``(2) Nominations.--The President shall appoint the 
        Administrator pursuant to paragraph (1), from among the list of 
        nominees provided by the vacating Administrator and the 
        commission established in section 202(d)(2) of the American 
        Space Renaissance Act.''.
            (2) Commission.--
                    (A) Establishment.--There is established a standing 
                commission to be known as the NASA Leadership and 
                Advising Commission (in this paragraph referred to as 
                the ``Commission'').
                    (B) Duties.--The Commission shall--
                            (i) provide to the President 
                        recommendations for nominees to serve as 
                        Administrator of NASA each time there is a 
                        vacancy in the office, in accordance with 
                        section 20111(a) of title 51, United States 
                        Code;
                            (ii) provide to Congress, NASA, the Office 
                        of Management and Budget, and the Office of 
                        Science and Technology Policy, an analysis of, 
                        and recommendations for changes to, each long-
                        term plan submitted by the Administrator 
                        pursuant to subsection (e)(4); and
                            (iii) provide to Congress an annual 
                        analysis of the President's annual budget 
                        request for NASA.
                    (C) Membership.--The Commission shall consist of 21 
                members, including a Chairperson. The members other 
                than the Chairperson shall be appointed as follows:
                            (i) Four members shall be appointed by the 
                        President.
                            (ii) Four members shall be appointed by the 
                        Speaker of the House of Representatives.
                            (iii) Four members shall be appointed by 
                        the minority leader of the House of 
                        Representatives.
                            (iv) Four members shall be appointed by the 
                        majority leader of the Senate.
                            (v) Four members shall be appointed by the 
                        minority leader of the Senate.
                    (D) Chairperson.--If practicable and appropriate, 
                the Chairperson of the Commission shall be a former 
                Administrator or Deputy Administrator of NASA selected 
                by the other members of the Commission. If the other 
                members determine that it is not practicable or 
                appropriate, the members shall appoint an appropriate 
                alternative.
                    (E) Terms.--
                            (i) In general.--Except as provided in 
                        clauses (ii) and (iii), each member, including 
                        the Chairperson, shall be appointed for a term 
                        of 5 years that is renewable without 
                        limitation.
                            (ii) Terms of initial appointees.--Of the 4 
                        initial members appointed by each of the 
                        officials listed in clauses (i) through (v) of 
                        subparagraph (C)--
                                    (I) one shall be appointed for a 
                                term of 2 years;
                                    (II) one shall be appointed for a 
                                term of 3 years;
                                    (III) one shall be appointed for a 
                                term of 4 years; and
                                    (IV) one shall be appointed for a 
                                term of 5 years.
                            (iii) Vacancies.--Any member appointed to 
                        fill a vacancy occurring before the expiration 
                        of the term for which the member's predecessor 
                        was appointed shall be appointed only for the 
                        remainder of that term. A member may serve 
                        after the expiration of that member's term 
                        until a successor has taken office. A vacancy 
                        in the Commission shall be filled in the manner 
                        in which the original appointment was made.
                    (F) Qualifications.--The members of the Commission 
                shall include a variety of space and aerospace policy, 
                engineering, technical, science, legal, and finance 
                professionals.
                    (G) Powers.--
                            (i) Hearings and sessions.--The Commission 
                        may, for the purpose of carrying out this 
                        paragraph, hold hearings, sit and act at times 
                        and places, take testimony, and receive 
                        evidence as the Commission considers 
                        appropriate.
                            (ii) Obtaining official data.--The 
                        Commission may secure directly from any 
                        employee or officer of NASA information 
                        necessary to enable the Commission to carry out 
                        this paragraph. Upon request of the Commission, 
                        and unless otherwise prohibited by law, such 
                        employee or officer shall furnish such 
                        information to the Commission.
                            (iii) Subpoena power.--The Commission may 
                        issue subpoenas requiring the attendance and 
                        testimony of any witness and the production of 
                        any evidence relating to any matter which the 
                        Commission is empowered to investigate under 
                        this paragraph.
                    (H) Prohibition on compensation.--Members of the 
                Commission may not receive additional pay, allowances, 
                or benefits by reason of their service on the 
                Commission.
                    (I) Travel expenses.--Each member shall receive 
                travel expenses, including per diem in lieu of 
                subsistence, in accordance with applicable provisions 
                under subchapter I of chapter 57 of title 5, United 
                States Code.
                    (J) Meetings.--
                            (i) Initial meeting.--The first meeting of 
                        the Commission shall occur not later than 30 
                        days after a quorum of members has been 
                        appointed.
                            (ii) Subsequent meetings.--The Commission 
                        shall meet--
                                    (I) not less than once per quarter;
                                    (II) not less than 30 days after 
                                the date on which the Commission 
                                receives each long-term plan submitted 
                                to the Commission pursuant to 
                                subsection (e)(4); and
                                    (III) at the call of the 
                                Chairperson.
                    (K) Quorum.--11 members of the Commission shall 
                constitute a quorum.
                    (L) Director and staff.--To the extent provided for 
                in advance in appropriations Acts, the Commission may 
                appoint and fix the pay rate of a Director, a Press 
                Secretary, and not more than 5 additional staff 
                members, to support the duties of the Commission under 
                this paragraph.
    (e) Long-Term Plans.--
            (1) In general.--The Administrator shall develop a 10-year 
        plan and a 20-year plan in accordance with this subsection.
            (2) 20-year plan.--The 20-year plan required under this 
        subsection shall outline broad goals for NASA for the 20-year 
        period beginning with the year in which the plan is developed.
            (3) 10-year plan.--The 10-year plan required under this 
        subsection shall provide specific objectives and budget 
        profiles, based on the broad goals outlined in the 20-year 
        plan, for the 10-year period beginning with the year in which 
        the plan is developed.
            (4) Report.--Not later than 1 year after the date of 
        enactment of this Act, and every 5 years thereafter, the 
        Administrator shall submit to Congress and to the NASA 
        Leadership and Advising Commission the most recent 10-year plan 
        and 20-year plan developed under this subsection.
    (f) Multi-Year Funding.--
            (1) Budget submission.--Beginning with the annual budget 
        submission for fiscal year 2018 and for each fiscal year 
        thereafter the Administrator shall submit a multi-year budget 
        request for NASA.
            (2) Rules on appropriations.--
                    (A) In general.--Notwithstanding any other 
                provision of law, beginning in fiscal year 2018, any 
                amounts made available for NASA shall be multi-year 
                appropriations or no-year appropriations.
                    (B) Point of order.--In the House of 
                Representatives, it shall not be in order to consider 
                any provision of a general appropriations Act, or any 
                amendment thereto or conference report thereon, 
                providing appropriations for NASA unless the funds 
                appropriated therein are multi-year or no-year 
                appropriations. The point of order provided under the 
                previous sentence may be waived if the Chairperson of 
                the Committee on Science, Space, and Technology files a 
                statement with the Speaker that the one-year funding is 
                appropriate for that reason.
            (3) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated to NASA, to remain available for 
                obligation until expended, for the purposes described 
                in subparagraph (B)--
                            (i) for fiscal year 2017, $250,000,000; and
                            (ii) for each fiscal year thereafter, such 
                        sums as are necessary so that the amount 
                        available to the Administrator for such fiscal 
                        year under this paragraph is a total of 
                        $250,000,000.
                    (B) Purposes.--The Administrator may use amounts 
                appropriated under subparagraph (A) to supplement 
                spending for--
                            (i) NASA aeronautics and exploration 
                        programs, projects, or activities subject to 
                        development challenges; and
                            (ii) NASA infrastructure repair, 
                        maintenance, and upgrades.
    (g) Accountability.--
            (1) Programs that exceed cost projections.--
                    (A) Congressional oversight.--The directorate head 
                of any program of NASA, or the head of any program of 
                another agency for which NASA is the acquisition or 
                procurement agent, that exceeds program life cost 
                projections by less than 30 percent but not less than 
                15 percent shall, for each such fiscal year--
                            (i) be available to testify not less than 
                        once before the Committee on Science, Space, 
                        and Technology of the House of Representatives 
                        and once before the Committee on Commerce, 
                        Science, and Transportation of the Senate, if 
                        requested to do so by such committees; and
                            (ii) ensure that staff of such program are 
                        available to update the staff of such 
                        committees on the status of the program not 
                        less than once during each fiscal quarter.
                    (B) Cancellation.--Any program of NASA that exceeds 
                program life cost projections by not less than 30 
                percent shall be cancelled and the Administrator shall 
                not expend any additional funds on the program, other 
                than termination costs, unless Congress authorizes 
                continuation of the program by law not later than 6 
                months after the end of the first fiscal year in which 
                the program first began to exceed such cost projections 
                by such percentage.
            (2) Automatic removal of administrator.--
                    (A) NASA inspector general report.--Not later than 
                6 months after the date of enactment of this Act, the 
                NASA Inspector General shall submit to the Committee on 
                Science, Space, and Technology of the House of 
                Representatives, the Committee on Commerce, Science, 
                and Transportation of the Senate, the President, the 
                NASA Leadership and Advising Commission, and the 
                Administrator a report recommending a mechanism for the 
                automatic removal of an Administrator who has failed to 
                achieve certain goals, which shall take into account--
                            (i) the number of programs of NASA that 
                        exceed cost projections during the tenure of 
                        the Administrator;
                            (ii) the number of programs of NASA 
                        experiencing significant delays with respect to 
                        targeted milestones, launches, or deployments 
                        during the tenure of the Administrator; and
                            (iii) lack of adherence to, or failure to 
                        complete, benchmarks in the long-term plans 
                        developed by the Administrator pursuant to 
                        subsection (e).
                    (B) Implementation.--Not later than 60 days after 
                receipt by the Administrator of the report required 
                under subparagraph (A), NASA shall implement the 
                mechanism outlined in the report.
            (3) Cost projection.--For purposes of this subsection, the 
        term ``cost projection'' means, with respect to a program of 
        NASA, the cost commitment of such program as outlined in the 
        Program Memorandum officially documenting the outcome of Key 
        Decision Point A, and for the purposes of this subsection 
        subject to the concurrence of the Committee on Appropriations 
        and the Committee on Science, Space, and Technology of the 
        House of Representatives and the Committee on Appropriations 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate.
    (h) Transition of Technologies and Capabilities.--NASA shall, 
whenever practicable and appropriate, transition technologies and 
capabilities to actors outside of NASA, including individuals, 
corporations, academic institutions, and nonprofit organizations, to 
the extent that doing so will not threaten national security. Such 
transfers shall be conducted in a transparent manner, and no such 
transfer shall infringe on intellectual property rights or other such 
clauses in NASA contracts.
    (i) Liability Insurance and Financial Responsibility 
Requirements.--
            (1) Amendment.--Section 20138 of title 51, United States 
        Code, is amended by adding at the end the following:
    ``(g) Launch Services Program.--
            ``(1) Liability insurance and financial responsibility 
        requirements.--
                    ``(A) General requirements.--A provider that enters 
                into a contract with NASA for a launch or reentry under 
                the NASA Launch Services Program shall obtain liability 
                insurance or demonstrate financial responsibility in 
                amounts to compensate for the maximum probable loss 
                from claims by--
                            ``(i) a third party for death, bodily 
                        injury, or property damage or loss resulting 
                        from an activity carried out during launch or 
                        reentry; and
                            ``(ii) a Federal, State, or local 
                        government against a person for damage or loss 
                        to Federal, State, or local government property 
                        resulting from an activity carried out during 
                        launch or reentry.
                    ``(B) Amounts.--The Administrator shall determine 
                the amounts required under subparagraph (A) of this 
                paragraph.
                    ``(C) Total claims.--For the total claims related 
                to one launch or reentry, a provider is not required to 
                obtain insurance or demonstrate financial 
                responsibility of more than the lesser of--
                            ``(i) for a claim described in--
                                    ``(I) subparagraph (A)(i), 
                                $500,000,000; or
                                    ``(II) subparagraph (A)(ii), 
                                $100,000,000; or
                            ``(ii) the maximum liability insurance 
                        available on the world market at reasonable 
                        cost.
                    ``(D) Coverage.--An insurance policy or 
                demonstration of financial responsibility under this 
                paragraph shall protect the following, to the extent of 
                their potential liability for involvement in launch 
                services or reentry services, at no cost to the 
                Government:
                            ``(i) The Government and personnel, 
                        contractors, and subcontractors of the 
                        Government.
                            ``(ii) Contractors, subcontractors, and 
                        customers of the provider.
                            ``(iii) Contractors and subcontractors of 
                        the customer.
                            ``(iv) Government astronauts.
            ``(2) Determination of maximum probable losses.--The 
        Administrator shall determine the maximum probable losses under 
        paragraph (1)(A)(i) and (ii) of this subsection associated with 
        an activity under a contract described in this subsection not 
        later than 90 days after a provider requires a determination 
        and submits all information the Administrator requires. The 
        Administrator shall amend the determination as warranted by new 
        information.
            ``(3) Annual report.--
                    ``(A) Determinations.--Not later than November 15 
                of each year, the Administrator shall submit 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 report on 
                current determinations made under paragraph (2) of this 
                subsection related to all contracts described in this 
                subsection and the reasons for the determinations.
                    ``(B) Adjustments.--Not later than May 15 of each 
                year, the Administrator shall review the amounts 
                specified in paragraph (1)(C)(i) of this subsection and 
                submit a report to Congress that contains proposed 
                adjustments in the amounts to conform with changed 
                liability expectations and availability of insurance on 
                the world market. The proposed adjustment takes effect 
                30 days after a report is submitted.
            ``(4) Collection and crediting payments.--The Administrator 
        shall collect a payment owed for damage or loss to Government 
        property under NASA jurisdiction or control resulting from an 
        activity carried out under a contract described in this 
        subsection. The payment shall be credited to the current 
        applicable appropriation, fund, or account of NASA.
            ``(5) Federal jurisdiction.--Any claim by a third party or 
        space flight participant for death, bodily injury, or property 
        damage or loss resulting from an activity carried out under a 
        contract described in this subsection shall be the exclusive 
        jurisdiction of the Federal courts.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on October 1, 2019.

SEC. 203. HUMAN MISSION TO MARS.

    (a) Findings.--Congress finds the following:
            (1) In section 204 of the National Aeronautics and Space 
        Administration Authorization Act of 2010 (42 U.S.C. 18301 et 
        seq.), Congress required NASA to contract with the National 
        Academies to perform a study of human spaceflight.
            (2) The National Research Council of the National Academies 
        released a report entitled ``Pathways to Exploration: 
        Rationales and Approaches for a U.S. Program of Human Space 
        Exploration'' in June of 2014. The report called for Mars to be 
        the ``horizon goal'' for human space exploration.
            (3) NASA continues to request funding levels, follow 
        strategies, and pursue missions that the National Research 
        Council report identified as problematic.
            (4) NASA has yet to provide adequate details or funding 
        requests for a plan to successfully send American astronauts to 
        Mars.
            (5) Billions of dollars have been invested in the Space 
        Launch System and Orion capsule, which represent core elements 
        of deep space exploration systems farthest along in 
        development.
    (b) Sense of Congress.--The following is the sense of Congress:
            (1) NASA should request budget levels, and Congress should 
        continue to appropriate funds and carry out stringent oversight 
        necessary to keep the Space Launch System and Orion capsule on 
        track and on budget.
            (2) Congress should prioritize funding within NASA to meet 
        the budget requirements of sending American astronauts to Mars.
            (3) NASA should utilize the Moon and cislunar space in 
        order to accomplish the goal of sending American astronauts to 
        Mars.
            (4) NASA should utilize commercial assets, when practicable 
        and available, to support exploration beyond Earth orbit, 
        including to Mars.
    (c) Mission to Mars.--Until Americans land on Mars, NASA's main 
human spaceflight priority shall be to land Americans on Mars.
    (d) Activities Related to Mission.--Whenever possible, NASA 
aeronautics and exploration directorates shall seek to avoid developing 
technologies and capabilities that do not have applicability across 
multiple directorates, programs, or activities, including missions to 
Mars.
    (e) International Partnerships.--NASA shall, whenever practicable 
and not restricted by law--
            (1) seek to secure specific investments in capabilities and 
        technologies needed for deep space exploration; and
            (2) clearly communicate what capabilities and technologies 
        are being pursued through international partnerships.
    (f) Strategic Planning.--
            (1) Landing on mars.--The first 20-year plan required under 
        section 202(e)(1) shall designate a 5-year range by which NASA 
        intends for American astronauts to land on the surface of Mars. 
        NASA shall include an update of this range in any subsequent 
        20-year plan developed before such landing occurs.
            (2) National research council concerns.--The first 10-year 
        plan required under section 202(e)(1) shall address the 
        concerns raised by the National Research Council report 
        described in subsection (a)(3), including concerns regarding 
        budget projections, the launch frequency of the Space Launch 
        System, and the efficacy of the Asteroid Redirect Mission. 
        Specifically, the plan shall--
                    (A) provide for the cancellation of the Asteroid 
                Redirect Mission, unless NASA can compellingly 
                demonstrate the mission's utility;
                    (B) explain how NASA intends to avoid missions that 
                lead to dead end technologies; and
                    (C) explain how NASA will look at all options to 
                maximize the utility of early launches of the Space 
                Launch System, including payloads (such as pressurized 
                habitable modules) and experiments.
            (3) Continuous presence beyond low-earth orbit.--Each 10-
        year plan and 20-year plan required under section 202(e)(1) 
        shall specify how NASA intends to maintain a permanent human 
        presence beyond low-Earth orbit.
    (g) Rule of Construction.--Nothing in this section shall be 
construed to supersede NASA's long-term goal of human space flight and 
exploration, as provided in section 202(a) of the National Aeronautics 
and Space Administration Authorization Act of 2010 (42 U.S.C. 
18312(a)), to expand permanent human presence beyond low-Earth orbit 
and to do so, where practical, in a manner involving international 
partners.

SEC. 204. HUMAN PRESENCE IN LOW-EARTH ORBIT.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should maintain a continuous human 
        presence in low-Earth orbit; and
            (2) activities related to the transport of cargo and crew, 
        development operations, and on-orbit habitats necessary for the 
        purpose of housing Government astronauts and science 
        experiments, should, to the maximum extent practicable, be the 
        purview of the commercial sector.
    (b) International Space Station.--
            (1) Plan.--NASA shall formulate a plan for the remaining 
        life of the International Space Station and continued human 
        presence in low-Earth orbit, which shall be included in the 
        first 10-year plan required under section 202(e)(1) and any 
        subsequent 10-year plans as necessary. The plan required under 
        this paragraph shall--
                    (A) describe how NASA intends to maximize the 
                scientific utilization of the International Space 
                Station;
                    (B) include specific objectives, such as astronaut 
                missions and science experiments, to be carried out 
                during the remaining life of the International Space 
                Station;
                    (C) explore options for turning over the 
                International Space Station to commercial operators;
                    (D) identify a transition strategy for the end of 
                the United States commitment to the International Space 
                Station;
                    (E) be coordinated in conjunction with all 
                countries partner to the International Space Station;
                    (F) explore options for NASA's continued 
                involvement in the International Space Station in the 
                event it is turned over to commercial operators; and
                    (G) seek to ensure a return on investment to United 
                States taxpayers.
            (2) Funding.--It is the sense of Congress that the 
        International Space Station should be fully funded in 
        accordance with the President's annual budget request for the 
        remainder of its needed life.
            (3) Transition strategy.--NASA shall implement a transition 
        strategy for continued human presence in low-Earth orbit 
        identified in the plan pursuant to paragraph (1)(D) as soon as 
        NASA determines that commercial habitats meet the requirements 
        published pursuant to subsection (c)(1) and a demonstration has 
        been successfully completed pursuant to subsection (c)(2).
    (c) Commercial Habitats.--
            (1) Publication of requirements.--Not later than 1 year 
        after the date of enactment of this Act, NASA shall, in 
        coordination with the Commercial Space Transportation Advisory 
        Committee, develop and publish the requirements it considers 
        necessary for commercial contractors to provide on-orbit 
        habitats to meet the human exploration and science missions of 
        NASA, including housing Government astronauts and conducting 
        scientific experiments.
            (2) Pilot program.--Not later than December 31, 2018, NASA 
        shall establish a Commercial Habitat Pilot Program to 
        demonstrate the viability of using commercially built on-orbit 
        habitats that meet the requirements published pursuant to 
        paragraph (1). Under the Pilot Program, NASA shall enter into 
        not less than 1 competitively bid agreement with a private 
        sector entity to demonstrate the viability and capabilities of 
        crewed commercial low Earth orbit platforms. Any such an 
        agreement shall include a commitment by the commercial partner 
        to fund the development and construction of the private sector 
        low-Earth orbit platform. If the private sector entity is 
        successful in funding the fabrication of such a platform, the 
        agreement with NASA shall--
                    (A) provide for the launch of the platform via the 
                addition of a launch to the Commercial Resupply 
                Services program; and
                    (B) include a contingent contract for NASA to 
                utilize no less than 50 percent of the volume of the 
                low-Earth orbit platform for an initial 3-year term.
    (d) Commercial Partnerships for Resupply and Crew of the 
International Space Station and Future Low-Earth Orbit Platforms.--
            (1) In general.--NASA shall continue to utilize 
        partnerships with commercial entities for resupply and crew 
        movement for as long as the United States maintains a human 
        presence in low-Earth orbit.
            (2) Funding.--It is the sense of Congress that NASA should 
        request budget levels, and Congress should continue to 
        appropriate funds and carry out stringent oversight, necessary 
        to keep the Commercial Crew and Commercial Resupply programs on 
        track and on budget.
    (e) Priority for United States Engines.--
            (1) In general.--For any mission for which NASA solicits 
        bids for launch providers beginning after December 31, 2022, 
        NASA shall consider any such bid that proposes to use an engine 
        built in the United States as 25 percent less than the total 
        cost of the bid.
            (2) Definition.--For purposes of this subsection, the term 
        ``engine built in the United States'' means an engine which 
        meets the requirements of the Buy American Act (41 U.S.C. 8301 
        et seq.).
    (f) International Partnerships.--Nothing in this section shall be 
construed to limit NASA's ability to enter into and utilize 
international partnerships for space exploration beyond low-Earth 
orbit.
    (g) Space Act Agreements.--NASA shall, when practicable and not 
restricted by law, continue to enter into and utilize Space Act 
Agreements or other mechanisms for partnering with the commercial space 
sector.

SEC. 205. SPACE DEBRIS REMEDIATION.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the growing population of orbital space debris poses a 
        significant threat to the safety and cost-effectiveness of 
        future civil, commercial, and national security space 
        activities in critical regions of Earth orbit;
            (2) scientific research conducted by NASA and other 
        international space agencies concludes that the amount of 
        orbital space debris will continue to grow at an accelerating 
        rate unless steps are taken to remediate at least some of the 
        existing orbital space debris; and
            (3) the United States Government does not currently have a 
        coherent plan for developing the capabilities for space debris 
        remediation.
    (b) Space Debris Remediation.--Not later than 1 year after the date 
of enactment of this Act, the Administrator, working in collaboration 
with the Department of Defense, the National Oceanic and Atmospheric 
Administration, and the Federal Aviation Administration, shall submit 
to Congress a report on the feasibility of remediating orbital space 
debris to reduce the collision risk for future space activities. The 
report shall address factors that include--
            (1) an assessment of the types of orbital space debris and 
        orbital altitudes that are the highest priority for 
        remediation;
            (2) a cost-benefit analysis of remediating the high 
        priority space debris objects;
            (3) an assessment of the available technologies and 
        policies to perform such remediation and any gaps that need to 
        be addressed;
            (4) the feasibility of conducting a competitive bid process 
        or prize competition to develop private sector space debris 
        remediation services that can be purchased by the United States 
        Government; and
            (5) an assessment of Federal agency roles and 
        responsibilities to provide oversight of remediation 
        activities.

SEC. 206. GAO REPORT ON INSURING NASA CLASS C AND CLASS D PAYLOADS AND 
              CARGO.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General shall submit 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 report on the 
feasibility of NASA insuring its Class C and Class D payloads and 
cargo, including--
            (1) the feasibility of insuring such payloads for a period 
        of time that begins at the time of ignition and ends--
                    (A) at the time when the payload is deployed into 
                its intended orbit; or
                    (B) 1 year after the date on which the payload is 
                deployed into its intended orbit;
            (2) any risk such insurance will place on United States 
        taxpayers;
            (3) any effect of such insurance on launch prices; and
            (4) the feasibility of requiring launch providers to 
        include in launch bids the cost of providing first party 
        insurance of such payloads.

                         TITLE III--COMMERCIAL

SEC. 301. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.

    (a) Findings.--Congress finds the following:
            (1) The commercial space industry is rapidly expanding and 
        holds enormous potential for innovation and economic growth for 
        the United States.
            (2) The Office of Commercial Space Transportation of the 
        Federal Aviation Administration plays a critical role in 
        facilitating commercial space activities, and inadequate 
        funding could hinder the industry.
    (b) Reauthorization.--Section 50921 of title 51, United States 
Code, is amended--
            (1) by striking paragraphs (1) through (5) and inserting 
        the following:
            ``(1) $43,200,000 for fiscal year 2017;
            ``(2) $55,500,000 for fiscal year 2018;
            ``(3) $66,000,000 for fiscal year 2019;
            ``(4) $80,500,000 for fiscal year 2020; and
            ``(5) $99,000,000 for fiscal year 2021.'';
            (2) by striking ``There are'' and inserting ``(a) There 
        are''; and
            (3) by adding at the end the following:
    ``(b) The Assistant Secretary for Commercial Space Transportation 
shall serve as the Associate Administrator for Commercial Space 
Transportation.''.
    (c) Establishment of Assistant Secretary for Commercial Space 
Transportation.--Section 102(e) of title 49, United States Code, is 
amended--
            (1) in paragraph (1) by striking ``6'' and inserting ``7''; 
        and
            (2) in paragraph (1)(A) by inserting ``an Assistant 
        Secretary for Commercial Space Transportation,'' after ``an 
        Assistant Secretary for Research and Technology,''.
    (d) Workload Metric.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Assistant Secretary for Commercial 
        Space Transportation shall develop a metric for the workload of 
        the Office.
            (2) Contents of metric.--In developing the metric required 
        under paragraph (1), the Assistant Secretary shall take into 
        consideration the conclusions and recommendations contained in 
        the report by the Government Accountability Office entitled 
        ``Federal Aviation Administration: Commercial Space Launch 
        Industry Developments Present Multiple Challenges'' published 
        in August 2015.
            (3) Report to congress.--Section 50923 of title 51, United 
        States Code, is amended--
                    (A) in paragraph (1) by striking ``and'' at the 
                end;
                    (B) in paragraph (2) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) uses the workload metric developed under section 
        301(c) of the American Space Renaissance Act.''.
    (e) Regulations Required.--
            (1) Not later than 1 year after the date of enactment of 
        this Act, the Assistant Secretary shall issue a notice of 
        proposed rulemaking to--
                    (A) update the regulations that are under the 
                authority of the Office contained in part 400 of title 
                14, Code of Federal Regulations, prioritizing the 
                regulations in subchapter C of such part, to move to a 
                performance-based approach to regulating the United 
                States commercial space industry; and
                    (B) carry out this Act and the amendments made by 
                this Act.
            (2) Not later than 3 years after the Secretary issues the 
        regulations under paragraph (1), and every 3 years thereafter, 
        the Secretary shall review all regulations under the authority 
        of the Office and update such regulations as necessary.

SEC. 302. OFFICE OF SPACEPORTS.

    (a) In General.--Chapter 509 of title 51, United States Code, is 
amended--
            (1) in section 50902, by adding at the end the following 
        new paragraph:
            ``(26) `spaceport' means any facility directly related to 
        enabling spacecraft to launch or reentry, but only if such 
        facility is located at, or in close proximity to, a launch site 
        or reentry site that is a launch site operator licensed by the 
        Federal Aviation Administration.''; and
            (2) by adding at the end the following:
``Sec. 50924. Office of Spaceports
    ``(a) Finding.--Congress finds that a robust network of space 
transportation infrastructure, including commercial spaceports, is 
vital to the growth of the domestic commercial space industry.
    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish, within 
        the Office of Commercial Space Transportation, an Office of 
        Spaceports to support, promote, enable, establish, and oversee 
        domestic commercial spaceports.
            ``(2) Recognition.--In carrying out paragraph (1), the 
        Secretary shall recognize the unique needs and distinctions of 
        spaceports that launch to orbit and those that are involved in 
        suborbital launch activities.
    ``(c) Director.--The Assistant Secretary for Commercial Space 
Transportation shall designate a Director of the Office of 
Spaceports.''.
    (b) Space Transportation Infrastructure Matching Grants.--
            (1) Definition.--Section 51101 of title 51, United States 
        Code, is amended by adding at the end the following:
            ``(7) `Secretary of Transportation' and `Secretary' (as 
        used in reference to the Secretary of Transportation) mean the 
        Secretary of Transportation, acting through the Director of the 
        Office of Spaceports.''.
            (2) Funding.--Section 51102 of title 51, United States 
        Code, is amended by adding at the end the following:
    ``(c) Funding.--Of the amounts made available to the Secretary 
under section 48103 of title 49, one-half of 1 percent shall be set 
aside for project grants under this chapter.''.
    (c) Conforming Amendments.--
            (1) The analysis for chapter 509 of title 51, United States 
        Code, is amended by adding at the end the following:

``50924. Office of Spaceports.''.
    (d) GAO Study and Report.--
            (1) Study.--The Comptroller General of the United States 
        shall conduct a study regarding spaceport activities carried 
        out pursuant to chapter 509 of title 51, United States Code, 
        including--
                    (A) funding options such as establishing a common 
                user fee for launch providers or launch customers;
                    (B) the adaptation of compliance requirements of 
                the Airport Improvement Program for the unique 
                operation of spaceports; and
                    (C) any necessary changes to improve the spaceport 
                application review process.
            (2) User-funded spaceports.--In reviewing funding options 
        described under paragraph (1)(A), the Comptroller General shall 
        distinguish between spaceports that are user-funded and those 
        that are not.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        Congress a report containing the study required under paragraph 
        (1).
    (e) DOT Report.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Defense, the Administrator of the National Oceanic and Atmospheric 
Administration, and the Administrator of the National Aeronautics and 
Space Administration, shall submit to Congress a report that--
            (1) describes the demand for launches and ways to improve 
        and enhance space infrastructure;
            (2) analyzes whether additional domestic spaceports, 
        particularly spaceports capable of launch to polar orbits, are 
        necessary to satisfy some of the demand; and
            (3) outlines any potential locations for such spaceports.
    (f) Spaceport Development.--If the report under subsection (d) 
contains a recommendation of a potential location for a spaceport, the 
Assistant Secretary for Commercial Space Transportation may collaborate 
with the applicable State government, local government, or private 
industry representing the area identified to facilitate the 
establishment and licensing of a spaceport.

SEC. 303. SITUATIONAL AWARENESS OF OBJECTS IN EARTH ORBIT.

    (a) Findings.--Congress finds the following:
            (1) Earth's orbit contains spacecraft and debris that poses 
        a great danger to other objects on orbit.
            (2) The threat of collisions and increased space debris 
        will only increase as barriers to access to space become lower, 
        and the number and types of governmental, international, and 
        commercial space actors continue to grow.
            (3) High-fidelity situational awareness of actors and 
        objects in orbit is necessary to protect access to space and 
        prevent catastrophic collisions.
            (4) There are a growing number of commercial, academic, and 
        international sources of space situation awareness data and 
        analytical techniques that can significantly enhance the safety 
        and efficiency of on-orbit activities.
    (b) Amendment to Title 51.--
            (1) In general.--Chapter 509 of title 51, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 50925. Information and services for situation awareness of 
              objects in Earth orbit
    ``(a) In General.--The Secretary of Transportation--
            ``(1) may--
                    ``(A) obtain data and information from an entity 
                for situational awareness of an object in Earth orbit 
                and the state of the space environment; and
                    ``(B) provide information and services for 
                situational awareness of an object in Earth orbit and 
                the state of the space environment to an entity if the 
                Secretary determines that providing such information or 
                services contributes to the public health and safety, 
                the safety of property, or the safety of persons in 
                outer space and is consistent with the national 
                security and foreign policy interests of the United 
                States; and
            ``(2) shall establish a space situational awareness Space 
        Awareness Advisory Committee that consists of commercial, 
        academic, international, and government space situational 
        awareness data and analysis experts to advise the Secretary on 
        all matters related to obtaining, and disseminating to 
        stakeholders, data and information regarding objects in Earth 
        orbit and the state of the space environment, in order to 
        ensure the protection of sensitive national security 
        information and intellectual property while maximizing the 
        accuracy of data and information to improve safety, efficiency, 
        and innovation.
    ``(b) Entities.--The Secretary may provide information and services 
under subsection (a) to, and may obtain data and information under 
subsection (a) from, any entity, including any of the following:
            ``(1) A State.
            ``(2) A political subdivision of a State.
            ``(3) Any other entity of the United States Government.
            ``(4) The government of a foreign country.
            ``(5) A private or quasi-governmental entity organized 
        under the laws of the United States or a foreign country.
    ``(c) Agreement.--The Secretary may not provide information or 
services under subsection (a) to an entity, other than the United 
States Government or an agency or instrumentality thereof, unless the 
entity enters into an agreement with the Secretary under which the 
entity--
            ``(1) agrees not to transfer any data or technical 
        information received under the agreement, including the 
        analysis of data, to any other entity without the express 
        approval of the Secretary; and
            ``(2) agrees to any other terms and conditions considered 
        necessary by the Secretary.
    ``(d) Procedures.--The Secretary shall, in consultation with the 
Space Awareness Advisory Committee, establish procedures to carry out 
this section.
    ``(e) Contractor.--The Secretary shall, to the extent practicable, 
provide information or services under this section through a 
contractor.
    ``(f) Immunity.--The United States, any agencies and 
instrumentalities thereof, and any individuals, firms, corporations, 
and other persons acting for the United States, shall be immune from 
any suit in any court for any cause of action arising from the 
provision or receipt of space situational awareness information or 
services, whether or not provided in accordance with this section, or 
any related action or omission.
    ``(g) Nondisclosure.--Any information received under subsection 
(a), records of agreements entered into under subsection (c), or 
analyses or data provided as a part of the provision of services or 
information under this section shall be exempt from disclosure under 
section 552(b)(3) of title 5.
    ``(h) Implementation Plan.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this section, the Secretary of Transportation, 
        in coordination with the Secretary of Defense, the Secretary of 
        State, the Secretary of Commerce, the Administrator of the 
        National Aeronautics and Space Administration, the Director of 
        National Intelligence, and the heads of such other Government 
        departments and agencies as the Secretary considers 
        appropriate, shall develop an implementation plan to establish 
        the capability to provide information and services under 
        subsection (a).
            ``(2) Submission.--The Secretary shall submit the 
        implementation plan to the following congressional committees:
                    ``(A) The Select Committee on Intelligence of the 
                Senate.
                    ``(B) The Permanent Select Committee on 
                Intelligence of the House of Representatives.
                    ``(C) The Committee on Armed Services of the 
                Senate.
                    ``(D) The Committee on Armed Services of the House 
                of Representatives.
                    ``(E) The Committee on Commerce, Science, and 
                Transportation of the Senate.
                    ``(F) The Committee on Transportation and 
                Infrastructure of the House of Representatives.
                    ``(G) The Committee on Science, Space, and 
                Technology of the House of Representatives.
            ``(3) Execution.--Not later than 1 year after the 
        submission of the implementation plans under paragraph (2), the 
        Secretary of Transportation, in coordination with the Secretary 
        of Defense, the Secretary of State, the Secretary of Commerce, 
        the Administrator of the National Aeronautics and Space 
        Administration, the Director of National Intelligence, and the 
        heads of such other Government departments and agencies as the 
        Secretary considers appropriate, shall initiate the 
        implementation plan, including the testing of the capabilities 
        necessary to carry out the objectives in subsection (a)(1).''.
            (2) Conforming amendments.--
                    (A) The analysis for chapter 509 of title 51, 
                United States Code, is amended by adding at the end the 
                following:

``50925. Information and services for situation awareness of objects in 
                            Earth orbit.''.
                    (B) Section 50917(a) of such title is amended by 
                inserting ``or of an agreement described in section 
                50924(c)'' before the period at the end.

SEC. 304. SPACE TRAFFIC MANAGEMENT.

    (a) In General.--Chapter 509 of title 51, United States Code, is 
further amended--
            (1) in section 50902, by adding at the end the following 
        new paragraph:
            ``(27) `space traffic management' means a set of technical 
        and regulatory provisions and processes used to oversee, 
        coordinate, regulate, and promote safe and responsible space 
        activities.''; and
            (2) by adding at the end the following new section:
``Sec. 50926. Space traffic management
    ``(a) Designation.--Not later than September, 30, 2020, the 
Secretary of Transportation, in coordination with the Secretary of 
Defense, the Secretary of State, the Secretary of Commerce, the 
Administrator of the National Aeronautics and Space Administration, the 
Director of National Intelligence, and the heads of such other 
Government departments and agencies as the Secretary considers 
appropriate, shall designate a lead Government agency for space traffic 
management activities and services except for activities and services 
related to national security assets.
    ``(b) Activities.--In carrying out space traffic management 
activities and services, the lead agency designated under subsection 
(a)--
            ``(1) shall use the information and services for 
        situational awareness of objects in Earth orbit collected under 
        section 50925; and
            ``(2) may take such actions as are necessary to minimize 
        the collision of objects in Earth orbit that could jeopardize 
        the safety of individuals in space, degrade or destroy 
        functional satellites, or lead to the creation of significant 
        amounts of orbital debris.
    ``(c) Procedures.--Not later than September 30, 2020, the lead 
agency designated under subsection (a) shall, by performance-based 
regulation, establish procedures to prevent the collision of objects on 
orbit. Such procedures shall clearly define the rationales for actions 
taken by the lead agency under subsection (b) and the specific steps 
the lead agency will follow to reach any decisions. Such rationales and 
steps shall be clearly communicated to all affected actors. In 
developing such procedures, the head of the lead agency shall consider:
            ``(1) Compelling the movement of space objects.
            ``(2) Commenting on orbital regimes for non-governmental 
        space objects during the launch or mission licensing process.
            ``(3) Requiring the placement of tracking devices on all 
        objects launched into space.
            ``(4) Restricting unmaneuverable satellites from specific, 
        highly congested orbital regions.''.
    (b) Conforming Amendment.--The analysis for chapter 509 of title 
51, United States Code, is further amended by adding at the end the 
following:

``50926. Space traffic management.''.
    (c) Report on Adjudication Processes.--Not later than 1 year after 
the date of enactment of this Act, the Secretary of Transportation, in 
consultation with relevant departments and agencies, shall submit to 
Congress a report on adjudication processes for actors affected by 
section 50926 of title 51, United States Code (as added by subsection 
(a)). Such report shall contain statutory and regulatory 
recommendations.
    (d) Prohibition on Delegation of Authority.--No space traffic 
management activities described under section 50926 of title 51, United 
States Code (as added by subsection (a)), may be performed by the 
Federal Aviation Administration Office of Air Traffic Organization nor 
by any other entity with responsibility for air traffic control.
    (e) International Standards and Authorities.--Upon the issuance of 
the regulations containing the procedures required under section 
50925(c) of title 51, United States Code, the Secretary of State shall 
seek to enter into bi- and multi-lateral agreements with other 
spacefaring nations based upon such regulations in order to normalize 
standards and authorities amongst spacefaring nations.
    (f) Meeting of Nations.--
            (1) Meeting of nations.--The Secretary of State shall seek 
        to convene a meeting of nations to develop a unified 
        international space traffic management regime based on the 
        norms of behavior set by Federal law, regulation, and any bi- 
        or multi-lateral agreement in place.
            (2) Coordination.--In developing the regime under paragraph 
        (1), the Secretary of State shall--
                    (A) work in coordination with the Secretary of 
                Defense, the Secretary of Transportation, the Secretary 
                of Commerce, the Administrator of the National 
                Aeronautics and Space Administration, the Director of 
                National Intelligence, and the heads of such other 
                Government departments and agencies as the Secretary 
                determines appropriate; and
                    (B) when practicable, use existing multilateral 
                mechanisms such as the United Nations Committee on the 
                Peaceful Uses of Outer Space.

SEC. 305. SPACE-BASED DATA.

    (a) Findings.--Congress finds the following:
            (1) The pace of development of new commercial space 
        technologies and markets creates a beneficial opportunity for 
        improving all space programs sponsored by the United States 
        Government.
            (2) Industry is developing smaller, more affordable 
        satellites which can be deployed in distributed constellations 
        and enables cheaper launch services.
            (3) These investments from the private sector can address 
        critical Government needs in space.
    (b) Sense of Congress.--It is the sense of Congress that all 
appropriate Federal agencies should explore how to take immediate 
advantage of the continued growth of space technologies, data, 
products, infrastructure, and services made available for commercial, 
market driven purposes, and should further establish programs to 
encourage the emergence of new commercial capabilities.
    (c) Treatment of Commercial Space-Based Weather Data.--Not later 
than 90 days after the date of enactment of this Act, and consistent 
with United States law and the National Space Policy issued June 28, 
2010, the Administrator of the National Oceanic and Atmospheric 
Administration shall promulgate specific rules regarding the 
Administration's treatment of weather data acquired from commercial 
space-based systems with respect to Resolution 40 of the World 
Meteorological Organization. Such rules shall--
            (1) ensure that the National Oceanic and Atmospheric 
        Administration does not release more than the minimum amount of 
        data required under the Resolution; and
            (2) consider data release time delays, data tiers, and 
        Resolution restrictions.
    (d) Report on Earth Science Missions.--Not later than 270 days 
after the date of enactment of this Act, the Administrator of NASA, in 
consultation with the heads of other relevant Federal agencies, shall 
submit 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 report that includes--
            (1) an evaluation of how emerging capabilities in industry 
        can provide new or alternative architectures for Federal Earth 
        science missions that routinely collect data about atmospheric, 
        oceanic, or terrestrial phenomena;
            (2) an evaluation of how emerging capabilities in industry 
        can provide new in-space platforms and services for affordable 
        in-space technology demonstration, new sensor and instrument 
        development, and other applications; and
            (3) a strategy for implementing new Federal programs that 
        leverage such commercial capabilities, products, and services 
        more rapidly and efficiently.

SEC. 306. DEPARTMENT OF COMMERCE SPACE-RELATED ACTIVITIES.

    (a) Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Commerce shall provide 
        to Congress a report on feasibility and benefits of 
        reorganizing portions of the Department to better coordinate 
        and support its space-related economic and regulatory 
        activities.
            (2) Objectives.--Objectives of such reorganization 
        include--
                    (A) stronger Department of Commerce leadership in 
                interagency functions where space commerce activities 
                are either regulated or reviewed; and
                    (B) bringing the benefits of space-based economic 
                activities more directly to the attention of the 
                Secretary.
            (3) Offices.--Offices to be considered for this 
        reorganization are the Office of Commercial Remote Sensing 
        Regulatory Affairs, the Office of Space Commerce, those 
        portions of the International Trade Administration Bureau of 
        Industry and Security that may have unique space-related 
        functions, and other offices that the Secretary determines to 
        be appropriate.
    (b) Prior Comment.--Prior to the submission of the report to 
Congress, the Secretary shall allow for the Advisory Committee on 
Commercial Remote Sensing to comment on the draft report. Such comments 
shall be transmitted to Congress along with the report.

SEC. 307. COMMERCIAL REMOTE SENSING LICENSING REFORM.

    (a) Sense of Congress.--The following is the sense of Congress:
            (1) The process for licensing commercial remote sensing 
        under section 60121 of title 51, United States Code, should be 
        reformed to allow license applicants to understand the 
        legitimate and identifiable technical, national security, or 
        foreign policy issues being considered and which specific 
        department or agency is considering them, in an established, 
        responsive timeline.
            (2) In order to protect United States leadership and 
        commercial viability in remote sensing technologies, the 
        Federal Government should not limit commercial entities from 
        providing remote sensing capabilities or data products that are 
        already offered or available in the international marketplace.
            (3) Before the Director of Commercial Remote Sensing 
        Regulatory Affairs denies a license application for, or places 
        any restrictions on, a remote sensing license, the Director 
        should take into account mitigation procedures that are in 
        place under law, regulation, or contract to protect national 
        security.
    (b) Deadlines for License Applications and Reviews.--Section 
60121(c) of title 51, United States Code, is amended to read as 
follows:
    ``(c) Deadline for Action on Application.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        Secretary shall review any license application and make a 
        determination thereon within 60 days of the receipt of such 
        license application.
            ``(2) First extended review period.--If the Secretary 
        determines that additional time is necessary, the Secretary may 
        extend the 60-day review period for a license application by 
        not more than 30 days.
            ``(3) Second extended review period.--The Secretary may 
        extend the extended review period for a license application 
        provided in paragraph (2) by not more than an additional 30 
        days only if the Secretary of Defense or the Director of 
        National Intelligence determines that such an extension is 
        necessary due to national security concerns. The Secretary may 
        not extend the extended review period an additional 30 days if 
        the decision for extension is not made within 3 days of the 
        expiration of the review period described in paragraph (2).''.
    (c) Rationale for Denial.--Section 60121 of title 51, United States 
Code, is amended by adding at the end the following:
    ``(f) Rationale for Denial.--
            ``(1) Denial paperwork.--In any case in which the Secretary 
        denies a license under this subchapter, the Secretary shall 
        provide the applicant with a copy of the denial within 30 days 
        of the denial, which shall identify any other Federal entity 
        with which the Secretary consulted in making the decision. 
        Subject to paragraph (2), the copy of the denial shall include 
        a clearly articulated rationale for the denial.
            ``(2) Classified information.--If the rationale for a 
        denial described in paragraph (1) includes classified 
        information, the Secretary shall provide to the applicant all 
        such information for which the license applicant has the 
        required security clearance.
            ``(3) Submission to congress.--Not later than 30 days after 
        a license is denied under this subchapter, the Secretary shall 
        submit to Congress a copy of the denial and the clearly 
        articulated rationale for the denial, including all classified 
        information.''.
    (d) Retroactive Licensing Restrictions.--Commercial remote sensing 
licensing restrictions shall only be changed retroactively for national 
security issues certified by the Director of National Intelligence. 
Should a retroactive change occur, the affected actors shall be 
compensated for lost revenue from contracts signed based on services 
approved under the original license.
    (e) List of Approved Countries for Direct Downlink.--
            (1) In general.--The Secretary of Commerce, in consultation 
        with the Secretary of Defense and the Director of National 
        Intelligence, shall keep a list of nations with respect to 
        which United States commercial entities may receive expedited 
        licensing action approval to directly downlink raw remote 
        sensing data within resolution and license terms.
            (2) Considerations.--When determining the list described in 
        paragraph (1), the Secretary shall consider nations where a 
        valid export license can be obtained for space-related 
        technology.
            (3) Review.--The Secretary shall review the list described 
        in paragraph (1) once every 2 years and update as necessary.
    (f) Regulations.--
            (1) Notice of proposed rulemaking.--Not later than 3 months 
        after the date of enactment of this Act, the Secretary of 
        Commerce shall issue a Notice of Proposed Rulemaking to revise 
        regulations contained in part 960 of title 15, Code of Federal 
        Regulations, in order to create different categories of remote 
        sensing licenses, taking into consideration the national 
        security concerns of the United States as well as--
                    (A) the type of entity applying for a license, such 
                as an academic institution or commercial entity;
                    (B) the intended purpose of the license, such as 
                conducting research or developing operational 
                constellations; and
                    (C) whether the license is intended to be used for 
                a one-time payload.
            (2) Revision of regulations.--Not later than 1 year after 
        the date of enactment of this Act, the Secretary shall revise 
        the regulations described in paragraph (1) pursuant to such 
        paragraph.

SEC. 308. WEATHER.

    (a) Commercial Space-Based Data Buys.--Beginning in fiscal year 
2018 and each fiscal year thereafter, the Administrator of the National 
Oceanic and Atmospheric Administration shall include in its annual 
budget request a line item for commercial space-based data buys.
    (b) Commercial Solutions to Programs of Record.--When practicable, 
the National Oceanic and Atmospheric Administration shall incorporate 
commercial solutions, including purchases of commercial data streams, 
to update, augment, or serve as a follow-on to its existing programs of 
record, and shall seek to avoid starting new programs of record unless 
such commercial solutions have been exhausted. Before commencing the 
development of any program, the Administrator shall certify to Congress 
that no commercial capability or service, with or without reasonable 
modifications, can meet the requirements for which such program is 
being developed.
    (c) Authorization.--For the purposes of commercial space-based data 
buys to meet mission requirements of the National Environmental 
Satellite, Data, and Information Service, there are authorized to be 
appropriated--
            (1) $15,000,000 for fiscal year 2017;
            (2) $30,000,000 for fiscal year 2018;
            (3) $55,000,000 for fiscal year 2019;
            (4) $90,000,000 for fiscal year 2020; and
            (5) $130,000,000 for fiscal year 2021.

SEC. 309. AMERICAN SPACE COMPETITIVENESS.

    (a) Enhanced Payload Review and Determination.--
            (1) Sense of congress.--It is the sense of Congress that 
        section 50904 of title 51, United States Code, provides the 
        Secretary of Transportation with the authorities necessary to 
        meet the obligations of the United States under the Treaty on 
        Principles Governing the Activities of States in the 
        Exploration and Use of Outer Space, Including the Moon and 
        Other Celestial Bodies, done at Washington, London, and Moscow 
        on January 27, 1967, commonly known as the Outer Space Treaty 
        of 1967.
            (2) Regulations required.--Not later than 1 year after the 
        date of enactment of this Act, the Assistant Secretary for 
        Commercial Space Transportation shall issue such regulations as 
        are necessary to provide for an enhanced review and 
        determination process for payloads and associated activities 
        after deployment pursuant to a license issued under chapter 509 
        of title 51, United States Code. Such process shall provide for 
        the following:
                    (A) The Assistant Secretary for Commercial Space 
                Transportation shall act as the final issuer of a 
                launch or reentry license.
                    (B) Review and determination by the Assistant 
                Secretary, with enhanced appropriate coordination with 
                and participation by the Department of State, the 
                Department of Defense, the Department of Commerce, 
                NASA, the Office of the Director of National 
                Intelligence, and other Federal agencies, consistent 
                with applicable law.
                    (C) Evaluation of disclosures from a payload owner 
                or operator sufficient to determine if review and 
                determination is necessary for a specific payload or 
                payload class, and if review and determination is found 
                necessary--
                            (i) approval or denial of the planned 
                        activities associated with the deployed payload 
                        within 60 days after submission by the payload 
                        owner or operator, with approval deemed if the 
                        Assistant Secretary does not reach a decision 
                        before the end of such period;
                            (ii) establishment of specific conditions, 
                        if necessary, that ensure the deployment of the 
                        payload and associated activities--
                                    (I) are consistent with the 
                                international treaty obligations of the 
                                United States;
                                    (II) do not harm the national 
                                security interests of the United 
                                States;
                                    (III) do not result in harmful 
                                interference with approved and 
                                operating payloads and associated 
                                activities; and
                                    (IV) do not harm historic 
                                artifacts;
                            (iii) provision to the payload owner or 
                        operator of a clearly articulated rationale, in 
                        any case in which the Assistant Secretary for 
                        Commercial Space Transportation denies or 
                        intends to deny a launch or reentry license 
                        application due to the nature of the deployed 
                        payload and associated activities, that--
                                    (I) shall not prejudice the 
                                Assistant Secretary in a subsequent 
                                review of the submission with remedies 
                                addressing the rationale; and
                                    (II) allows the applicant to access 
                                all relevant classified information for 
                                which the applicant or its assignees 
                                have the required security clearance;
                            (iv) a requirement that the payload owner 
                        or operator--
                                    (I) inform the Assistant Secretary 
                                of any material changes to the payload 
                                or any associated activities prior to 
                                launch; and
                                    (II) report to the Assistant 
                                Secretary any material anomalies or 
                                departures from the submitted plan 
                                during the course of operations; and
                            (v) penalties for noncompliance with any 
                        conditions set forth in a license issued for 
                        the deployment of the payload and associated 
                        activities, which may include--
                                    (I) a maximum civil penalty of 
                                $1,000,000, that shall be adjudicated 
                                in district courts of the United 
                                States; and
                                    (II) the forfeiture of any current, 
                                or denial of future, launch or reentry 
                                licenses by or involving the payload 
                                owner or operator.
            (3) Exemptions.--The following payloads, or classes of 
        payload, and associated activities are exempt from any 
        regulations issued pursuant to this subsection:
                    (A) An activity subject to regulation by the 
                Federal Communications Commission under the 
                Communications Act of 1934 (47 U.S.C. 151 et seq.) or 
                by the Secretary of Commerce under chapter 601 of title 
                51, United States Code.
                    (B) A mission conducted for or with 1 or more 
                Federal agencies, and determined to be subject to 
                sufficient supervision by the enhanced interagency 
                review process established under paragraph (2)(B).
    (b) Exemption.--Chapter 509 of title 51, United States Code, is 
amended--
            (1) by adding at the end the following new section:
``Sec. 50924. Exemption from non-space transportation vehicle 
              regulations
    ``No vehicle design or mission holding a permit or license under 
this chapter for purposes of space transportation shall be subject to 
any regulations promulgated by the Federal Aviation Administration for 
purposes of regulating non-space transportation vehicles.''; and
            (2) in the analysis for such chapter, by adding at the end 
        the following new item:

``50924. Exemption from non-space transportation vehicle 
                            regulations.''.
    (c) Prize Account.--Chapter 505 of title 51, United States Code, is 
amended--
            (1) by adding at the end the following new section:
``Sec. 50507. Prize for commercial space activities
    ``(a) Establishment.--The Assistant Secretary for Commercial Space 
Transportation shall establish a prize for certain space-related 
activities carried out by a United States-owned commercial entity for 
activities under a license to operate space transportation under 
chapter 509 of this title.
    ``(b) Eligible Activities.--The activities for which an entity is 
eligible to receive a prize under this subsection shall include the 
following:
            ``(1) Operation of space stations beyond low-Earth orbit 
        housing space flight participants or scientific experiments.
            ``(2) Lunar missions.
            ``(3) Asteroid missions.
            ``(4) Mars missions.
            ``(5) Debris clean up and salvage.
            ``(6) Point-to-point missions on Earth.
    ``(c) Requirements.--The Assistant Secretary shall promulgate the 
requirements for qualification for a prize under this subsection, and 
the amount of such prize in relation to the activity accomplished.''; 
and
            (2) in the analysis for such chapter, by adding at the end 
        the following new item:

``50507. Prize for commercial space activities.''.
    (d) Liability Insurance and Financial Responsibility 
Requirements.--Section 50914 of title 51, United States Code, is 
amended--
            (1) in subsection (a)(1)--
                    (A) the matter preceding subparagraph (A) by 
                inserting ``and property'' after ``obtain liability''; 
                and
                    (B) in subparagraph (B)--
                            (i) by inserting ``, State, or municipal 
                        government'' after ``United States 
                        Government''; and
                            (ii) by striking ``Government property'' 
                        and inserting ``United States Government, 
                        State, or municipal property, as applicable,''; 
                        and
            (2) by striking subsection (e) and inserting the following:
    ``(e) Launches or Reentries Involving Government Facilities and 
Personnel.--The Secretary of Transportation shall establish 
requirements consistent with this chapter for proof of financial 
responsibility and other assurances necessary to protect Federal, 
State, and municipal governments and their executive agencies and 
personnel from liability, death, bodily injury, or property damage or 
loss as a result of a launch site or reentry site or a reentry 
involving a facility or personnel of a Federal, State, or municipal 
government. The Secretary may not relieve a Federal, State, or 
municipal government of liability under this subsection for death, 
bodily injury, or property damage or loss resulting from the willful 
misconduct of the Federal, State, or municipal government or its 
agents.''.
    (e) Credit for Payloads Launched by Domestic Launch Providers.--
            (1) In general.--Subpart D of part IV of subchapter A of 
        chapter 1 of the Internal Revenue Code of 1986 is amended by 
        adding at the end the following new section:

``SEC. 45S. SPACE PAYLOADS LAUNCHED BY DOMESTIC LAUNCH PROVIDERS.

    ``(a) In General.--For purposes of section 38, the space payload 
credit determined under this section for the taxable year is an amount 
equal to 10 percent of the sum of the insured value of all payloads of 
the taxpayer launched by a domestic launch provider, or on a launch 
vehicle that meets the requirements of the Buy American Act (41 U.S.C. 
8301 et seq.), during the taxable year.
    ``(b) Domestic Launch Provider.--The term `domestic launch 
provider' means a domestic C corporation or partnership in the trade or 
business of providing launch services for space transportation pursuant 
to a license or permit under chapter 509 of title 51, United States 
Code, to conduct launch activities.
    ``(c) Launch.--A space flight vehicle shall be treated as launched 
if the ignition of a main engine occurs on a launch pad, a spaceport 
runway, or when released from an airborne platform.''.
            (2) Credit made part of general business credit.--
        Subsection (b) of section 38 of such Code is amended by 
        striking ``plus'' at the end of paragraph (35), by striking the 
        period at the end of paragraph (36) and inserting ``, plus'', 
        and by adding at the end the following new paragraph:
            ``(37) the space payload credit determined under section 
        45S(a).''.
            (3) Clerical amendment.--The table of sections for subpart 
        D of part IV of subchapter A of chapter 1 of such Code is 
        amended by adding at the end the following new item:

``Sec. 45S. Space payloads launched by domestic launch providers.''.
            (4) Effective date.--The amendments made by this subsection 
        shall apply to taxable years beginning after the date of the 
        enactment of this Act.
    (f) Study on Lifting Certain Launch Restrictions.--
            (1) In general.--Prior to any decision by the United States 
        Trade Representative to lift a restriction on a commercial 
        company utilizing an Indian launch vehicle, the United States 
        Trade Representative shall--
                    (A) notify the Comptroller General of the United 
                States of the intent to lift such restriction; and
                    (B) allow for a public 30-day comment period, 
                beginning not earlier than the date of the submission 
                of the study under paragraph (2), on the proposed 
                decision and the results of such study.
            (2) Study.--Not later than 30 days after receiving a 
        notification under paragraph (1), the Comptroller General of 
        the United States shall submit to Congress and the United 
        States Trade Representative a study on the ramifications of 
        lifting such restriction on the domestic launch industry.
    (g) Loan Guarantee Program.--
            (1) Establishment.--The Secretary of Commerce shall 
        establish a program to make loan guarantees to eligible 
        entities to carry out eligible activities.
            (2) Objectives.--The objectives of the program established 
        under paragraph (1) are--
                    (A) to promote the creation of jobs in the United 
                States space sector, including in manufacturing, 
                operations, and construction; and
                    (B) to encourage startup companies.
            (3) Eligible activities.--
                    (A) In general.--The Secretary, in consultation 
                with the Secretary of Transportation, the Administrator 
                of the National Aeronautics and Space Administration, 
                the Director of National Intelligence, and the 
                Secretary of Defense, shall develop a list of 
                activities that may qualify for a loan guarantee under 
                this subsection.
                    (B) Considerations.--In developing the list of 
                activities under subparagraph (A), the Secretary shall 
                consider the following:
                            (i) Manufacturing--
                                    (I) satellites;
                                    (II) space transportation vehicles; 
                                and
                                    (III) habitats.
                            (ii) Hardware necessary for operations of 
                        satellites and other space vehicles, such as 
                        control centers and other ground stations.
                            (iii) Construction of, upgrades to, and 
                        maintenance of infrastructure necessary to 
                        support the space industry.
                            (iv) Technology research and development 
                        activities determined by the Secretary to have 
                        the potential to advance the state of space-
                        related technology in the United States.
            (4) Eligible entity defined.--The term ``eligible entity'' 
        means--
                    (A) a commercial entity that is domestically owned 
                or a domestic subsidiary; or
                    (B) an FAA-licensed spaceport.
            (5) Terms and conditions.--The Secretary shall ensure that 
        any guarantee made pursuant to this subsection is made in 
        accordance with the same or substantially similar terms and 
        conditions as contained in section 1702 of the Energy Policy 
        Act of 2005 (42 U.S.C. 16512).
    (h) Electromagnetic Spectrum for Commercial Space Launch 
Activities.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) commercial space launch services have expanded 
                over the past several years and are expected to 
                continue growing, to the benefit of national security 
                and civil space interests; and
                    (B) commercial space launch services will require 
                assured access to the appropriate electromagnetic 
                spectrum for their launch-related mission requirements.
            (2) Spectrum allocation and authorizations.--Not later than 
        180 days after the date of the enactment of this Act, the 
        Federal Communications Commission and the Assistant Secretary 
        of Commerce for Communications and Information, in order to 
        streamline the process for obtaining any necessary 
        authorization to use electromagnetic spectrum for commercial 
        space launch activities and thereby ensure certainty of access 
        to the spectrum required for a robust and active commercial 
        space launch services sector, shall take such actions as are 
        necessary to--
                    (A) ensure that the process for obtaining such an 
                authorization (including the application process and 
                the process for coordination between the Commission and 
                the Assistant Secretary and coordination between 
                commercial space launch companies and other users of 
                the spectrum) is standardized and clearly defined;
                    (B) minimize the number and complexity of such 
                authorizations required per launch mission, to the 
                extent practicable; and
                    (C) allocate electromagnetic spectrum for 
                commercial space launch activities on a co-primary, 
                interference-protected basis.

SEC. 310. SPACE TRAINING AIRCRAFT.

    (a) Establishment.--The Secretary of Transportation shall establish 
a program to allow commercial entities to operate space training 
flights using aircraft with valid airworthiness certificates, including 
those in an experimental category, issued by the Federal Aviation 
Administration.
    (b) Exemptions.--A space training flight operating under the 
program shall not be subject to--
            (1) the aircraft certification requirements of part 121 of 
        title 14, Code of Federal Regulations; and
            (2) the prohibition on the operation of aircraft with 
        experimental certificates carrying persons or property for 
        compensation or hire under part 91 of title 14, Code of Federal 
        Regulations.
    (c) Eligibility.--A space training flight is eligible for the 
exemptions under subsection (b) if--
            (1) such flight originates and terminates at an FAA-
        licensed spaceport;
            (2) the commercial entity operating the space training 
        flight provides written notification to all passengers 
        describing the exemptions such flight qualifies for under this 
        section; and
            (3) all passengers of the flight provide the commercial 
        entity with written consent.
    (d) Statutory Construction.--Nothing in this section shall be 
construed to prohibit a commercial entity from operating a flight using 
an experimental aircraft if such operation is otherwise permitted by 
law.

SEC. 311. WORKFORCE ENHANCEMENT.

    Section 83 of the Internal Revenue Code of 1986 is amended by 
adding at the end the following:
    ``(i) Stock or Option-Related Compensation Transferred by a Startup 
Domestic Commercial Space Company.--
            ``(1) In general.--Any person described in paragraph (2) 
        may elect to include in his gross income for the taxable year 
        in which such person sells or otherwise disposes of stock or 
        options described in paragraph (2) in an arm's length 
        transaction, the excess of--
                    ``(A) the fair market value of such property at the 
                time of such sale or disposition (determined without 
                regard to any restriction other than a restriction 
                which by its terms will never lapse), over
                    ``(B) the amount (if any) paid for such property.
        If such election is made, subsection (a) shall not apply with 
        respect to the transfer of such stock or option.
            ``(2) Person described.--A person is described in this 
        paragraph if the person--
                    ``(A) performs services in connection with which 
                stock or option-related compensation is transferred by 
                a domestic commercial space company during any taxable 
                year in which the company incurs start-up expenditures 
                (whether or not claimed by such company), and
                    ``(B) does not own or is considered as not owning 
                within the meaning of section 318--
                            ``(i) more than 1 percent of the 
                        outstanding stock of the corporation or stock 
                        possessing more than 1 percent of the total 
                        combined voting power of all stock of the 
                        corporation, or
                            ``(ii) if the employer is not a 
                        corporation, does not own more than 1 percent 
                        of the capital or profits interest in the 
                        employer.
            ``(3) Domestic commercial space company.--The term 
        `domestic commercial space company' means a company engaging in 
        a line of business unique to a space company, such as launch, 
        satellite operations, software development, satellite 
        manufacturing, spacecraft manufacturing, and space 
        transportation vehicle manufacturing, with operations and 
        employees based in the United States.
            ``(4) Start-up expenditures.--The term `start-up 
        expenditures' has the meaning given such term by section 
        195.''.
                                 <all>