[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3277 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3277

   To reduce regulatory burdens and streamline processes related to 
          commercial space activities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2018

   Mr. Cruz (for himself, Mr. Nelson, and Mr. Markey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To reduce regulatory burdens and streamline processes related to 
          commercial space activities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Space Frontier Act 
of 2018''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
    TITLE I--STREAMLINING OVERSIGHT OF LAUNCH AND REENTRY ACTIVITIES

Sec. 101. Oversight of nongovernmental space activities.
Sec. 102. Office of Commercial Space Transportation.
Sec. 103. Use of existing authorities.
Sec. 104. Experimental permits.
Sec. 105. Space-related advisory rulemaking committees.
Sec. 106. Government-developed space technology.
Sec. 107. Regulatory reform.
Sec. 108. Secretary of Transportation oversight and coordination of 
                            commercial launch and reentry operations.
 TITLE II--STREAMLINING OVERSIGHT OF NONGOVERNMENTAL EARTH OBSERVATION 
                               ACTIVITIES

Sec. 201. Nongovernmental Earth observation activities.
                        TITLE III--MISCELLANEOUS

Sec. 301. Promoting fairness and competitiveness for NASA partnership 
                            opportunities.
Sec. 302. Lease of non-excess property.
Sec. 303. Sense of Congress on maintaining a national laboratory in 
                            space.
Sec. 304. Continuation of the ISS.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) ISS.--The term ``ISS'' means the International Space 
        Station.
            (2) NASA.--The term ``NASA'' means the National Aeronautics 
        and Space Administration.
            (3) NOAA.--The term ``NOAA'' means the National Oceanic and 
        Atmospheric Administration.

    TITLE I--STREAMLINING OVERSIGHT OF LAUNCH AND REENTRY ACTIVITIES

SEC. 101. OVERSIGHT OF NONGOVERNMENTAL SPACE ACTIVITIES.

    (a) Policy.--It is the policy of the United States to provide 
oversight and continuing supervision of nongovernmental space 
activities in a manner that encourages the fullest commercial use of 
space, consistent with section 20102(c) of title 51, United States 
Code.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) increased activity and new applications in space could 
        grow the space economy;
            (2) it is in the national interest of the United States--
                    (A) to encourage and promote new and existing 
                nongovernmental space activities; and
                    (B) to provide authorization and continuing 
                supervision of those activities through a process that 
                is efficient, transparent, minimally burdensome, and 
                generally permissive; and
            (3) to conduct those activities in a manner that fully 
        protects United States national security assets, NASA human 
        spaceflight and exploration systems, NASA and NOAA satellites, 
        and other Federal assets that serve the public interest.

SEC. 102. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.

    (a) In General.--Section 50921 of title 51, United States Code, is 
amended--
            (1) by inserting ``(b) Authorization of Appropriations.--'' 
        before ``There'' and indenting appropriately; and
            (2) by inserting before subsection (b), the following:
    ``(b) Associate Administrator for Commercial Space 
Transportation.--The Assistant Secretary for Commercial Space 
Transportation shall serve as the Associate Administrator for 
Commercial Space Transportation.''.
    (b) Establishment of Assistant Secretary for Commercial Space 
Transportation.--Section 102(e)(1) of title 49, United States Code, is 
amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``6'' and inserting ``7''; and
            (2) in subparagraph (A), by inserting ``Assistant Secretary 
        for Commercial Space Transportation,'' after ``Assistant 
        Secretary for Research and Technology,''.

SEC. 103. USE OF EXISTING AUTHORITIES.

    (a) Sense of Congress.--It is the sense of Congress that, in the 
absence of comprehensive regulatory reform, the Secretary of 
Transportation should make use of existing authorities, including 
waivers and safety approvals, as appropriate, to protect the public, 
make more efficient use of resources, and reduce the regulatory burden 
for an applicant for a commercial space launch or reentry license or 
experimental permit.
    (b) License Applications and Requirements.--Section 50905 of title 
51, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``subsection 
                (b)(2)(D)'' each place it appears and inserting 
                ``subsection (b)(2)(E)''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``software,'' after 
                        ``services,''; and
                            (ii) by adding at the end the following: 
                        ``Such safety approvals may be issued 
                        simultaneously with a license under this 
                        chapter.''; and
            (2) by adding at the end the following:
    ``(e) Use of Existing Authorities.--
            ``(1) In general.--The Secretary--
                    ``(A) shall use existing authorities, including 
                waivers and safety approvals, as appropriate, to make 
                more efficient use of resources and reduce the 
                regulatory burden for an applicant under this section; 
                and
                    ``(B) may use the launch and reentry payload review 
                process to authorize nongovernmental space activities 
                that are related to an application for a license or 
                permit under this chapter and are not subject to 
                authorization under other Federal law.
            ``(2) Expediting safety approvals.--The Secretary shall 
        expedite the processing of safety approvals that would reduce 
        risks to health or safety during launch and reentry.''.
    (c) Definitions.--Section 50902 of title 51, United States Code, is 
amended--
            (1) by redesignating paragraphs (21) through (25) as 
        paragraphs (24) through (28), respectively;
            (2) by redesignating paragraph (20) as paragraph (22);
            (3) by redesignating paragraphs (12) through (19) as 
        paragraphs (13) through (20), respectively;
            (4) by inserting after paragraph (11) the following:
            ``(12) `nongovernmental space activity' means a space 
        activity of a person other than--
                    ``(A) the United States Government; or
                    ``(B) a Government contractor or subcontractor if 
                the Government contractor or subcontractor is 
                performing the space activity for the Government.'';
            (5) by inserting after paragraph (20), as redesignated, the 
        following:
            ``(21) `space activity' has the meaning given the term in 
        section 60101 of this title.''; and
            (6) by inserting after paragraph (22), as redesignated, the 
        following:
            ``(23) `space object' has the meaning given the term in 
        section 60101 of this title.''.
    (d) Restrictions on Launches, Operations, and Reentries.--Section 
50904 of title 51, United States Code, is amended by adding at the end 
the following:
    ``(e) Multiple Sites.--The Secretary may issue a single license or 
permit for an operator to conduct launch services and reentry services 
at multiple launch sites or reentry sites.''.

SEC. 104. EXPERIMENTAL PERMITS.

    Section 50906 of title 51, United States Code, is amended by adding 
at the end the following:
    ``(j) Use of Existing Authorities.--
            ``(1) In general.--The Secretary shall use existing 
        authorities, including waivers and safety approvals, as 
        appropriate, to make more efficient use of resources and reduce 
        the regulatory burden for an applicant under this section.
            ``(2) Expediting safety approvals.--The Secretary shall 
        expedite the processing of safety approvals that would reduce 
        risks to health or safety during launch and reentry.''.

SEC. 105. SPACE-RELATED ADVISORY RULEMAKING COMMITTEES.

    Section 50903 of title 51, United States Code, is amended by adding 
at the end the following:
    ``(e) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) 
does not apply to such space-related rulemaking committees under the 
Secretary's jurisdiction as the Secretary shall designate.''.

SEC. 106. GOVERNMENT-DEVELOPED SPACE TECHNOLOGY.

    Section 50901(b)(2)(B) of title 51, United States Code, is amended 
by striking ``and encouraging''.

SEC. 107. REGULATORY REFORM.

    (a) Definitions.--The definitions set forth in section 50902 of 
title 51, United States Code, shall apply to this section.
    (b) Findings.--Congress finds that the commercial space launch 
regulatory environment has at times impeded the United States 
commercial space launch sector in its innovation of small-class launch 
technologies, reusable launch and reentry vehicles, and other areas 
related to commercial launches and reentries.
    (c) Regulatory Improvements for Commercial Space Launch 
Activities.--
            (1) In general.--Not later than February 1, 2019, the 
        Secretary of Transportation shall issue a notice of proposed 
        rulemaking to revise any regulations under chapter 509, United 
        States Code, as the Secretary considers necessary to meet the 
        objective of this section.
            (2) Objective.--The objective of this section is to 
        establish, consistent with the purposes described in section 
        50901(b) of title 51, United States Code, a regulatory regime 
        for commercial space launch activities under chapter 509 that--
                    (A) creates, to the extent practicable, 
                requirements applicable both to expendable launch and 
                reentry vehicles and to reusable launch and reentry 
                vehicles;
                    (B) is neutral with regard to the specific 
                technology utilized in a launch, a reentry, or an 
                associated safety system;
                    (C) protects the health and safety of the public;
                    (D) establishes clear, high-level performance 
                requirements;
                    (E) encourages voluntary, industry technical 
                standards that complement the high-level performance 
                requirements established under subparagraph (D); and
                    (F) facilitates and encourages appropriate 
                collaboration between the commercial space launch and 
                reentry sector and the Department of Transportation 
                with respect to the requirements under subparagraph (D) 
                and the standards under subparagraph (E).
    (d) Consultation.--In revising the regulations under subsection 
(c), the Secretary of Transportation shall consult with the following:
            (1) Secretary of Defense.
            (2) Administrator of NASA.
            (3) Such members of the commercial space launch and reentry 
        sector as the Secretary of Transportation considers appropriate 
        to ensure adequate representation across industry.
    (e) Report.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary of Transportation, in 
        consultation with the persons described in subsection (d), 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science, 
        Space, and Technology and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report on the 
        progress in carrying out this section.
            (2) Contents.--The report shall include--
                    (A) milestones and a schedule to meet the objective 
                of this section;
                    (B) a description of any Federal agency resources 
                necessary to meet the objective of this section;
                    (C) recommendations for legislation that would 
                expedite or improve the outcomes under subsection (c); 
                and
                    (D) a plan for ongoing consultation with the 
                persons described in subsection (d).

SEC. 108. SECRETARY OF TRANSPORTATION OVERSIGHT AND COORDINATION OF 
              COMMERCIAL LAUNCH AND REENTRY OPERATIONS.

    (a) Oversight and Coordination.--
            (1) In general.--The Secretary of Transportation, in 
        accordance with the findings under section 1617 of the National 
        Defense Authorization Act for Fiscal Year 2016 (51 U.S.C. 50918 
        note) and subject to section 50905(b)(2)(C) of title 51, United 
        States Code, shall take such action as may be necessary to 
        consolidate or modify the requirements across Federal agencies 
        identified in section 1617(c)(1)(A) of that Act into a single 
        application set that satisfies those requirements and expedites 
        the coordination of commercial launch and reentry services.
            (2) Certification.--Not later than 45 days after the 
        effective date of this subsection, the President shall certify 
        in writing to Congress that--
                    (A) the Secretary of Transportation is the only 
                authority for authorizing commercial launch and reentry 
                operations, including at a Federal range, under chapter 
                509 of title 51, United States Code; and
                    (B) consistent with section 50918 of title 51, 
                United States Code, all matters under that chapter 
                affecting national security or foreign policy, and such 
                other matters under that chapter in the interest of the 
                United States, are coordinated through the Secretary of 
                Transportation.
            (3) Chapter 509.--
                    (A) Purposes.--Section 50901 of title 51, United 
                States Code, is amended by inserting ``all'' before 
                ``commercial launch and reentry operations''.
                    (B) General authority.--Section 50903(b) of title 
                51, United States Code, is amended--
                            (i) by redesignating paragraphs (1) and (2) 
                        as paragraphs (2) and (3), respectively; and
                            (ii) by inserting before paragraph (2), as 
                        redesignated, the following:
            ``(1) oversee and coordinate the conduct of all commercial 
        launch and reentry operations, including any commercial launch 
        or commercial reentry at a Federal range;''.
            (4) Effective date.--This subsection takes effect on the 
        date the final rule under section 107(c) of this Act is 
        published in the Federal Register.
    (b) Rule of Construction.--Nothing in this Act, or the amendments 
made by this Act, may be construed to affect section 1617 of the 
National Defense Authorization Act for Fiscal Year 2016 (51 U.S.C. 
50918 note).
    (c) Technical Amendment; Repeal Redundant Law.--Section 113 of the 
U.S. Commercial Space Launch Competitiveness Act (Public Law 114-90; 
129 Stat. 704) and the item relating to that section in the table of 
contents under section 1(b) of that Act are repealed.

 TITLE II--STREAMLINING OVERSIGHT OF NONGOVERNMENTAL EARTH OBSERVATION 
                               ACTIVITIES

SEC. 201. NONGOVERNMENTAL EARTH OBSERVATION ACTIVITIES.

    (a) Licensing of Nongovernmental Earth Observation Activities.--
Chapter 601 of title 51, United States Code, is amended--
            (1) in section 60101--
                    (A) by amending paragraph (12) to read as follows:
            ``(12) Unenhanced data.--The term `unenhanced data' means 
        signals or imagery products from Earth observation activities 
        that are unprocessed or subject only to data preprocessing.'';
                    (B) by redesignating paragraphs (12) and (13) as 
                paragraphs (18) and (19), respectively;
                    (C) by redesignating paragraph (11) as paragraph 
                (15);
                    (D) by redesignating paragraphs (4) through (10) as 
                paragraphs (5) through (11), respectively;
                    (E) by inserting after paragraph (3), the 
                following:
            ``(4) Earth observation activity.--The term `Earth 
        observation activity' means a space activity the primary 
        purpose of which is to collect data that can be processed into 
        imagery of the Earth.'';
                    (F) by inserting after paragraph (11), as 
                redesignated, the following:
            ``(12) Nongovernmental earth observation activity.--The 
        term `nongovernmental Earth observation activity' means an 
        Earth observation activity of a person other than--
                    ``(A) the United States Government; or
                    ``(B) a Government contractor or subcontractor if 
                the Government contractor or subcontractor is 
                performing the activity for the Government.
            ``(13) Orbital debris.--The term `orbital debris' means any 
        space object that is placed in space or derives from a space 
        object placed in space by a person, remains in orbit, and no 
        longer serves any useful function or purpose.
            ``(14) Person.--The term `person' means a person (as 
        defined in section 1 of title 1) subject to the jurisdiction or 
        control of the United States.''; and
                    (G) by inserting after paragraph (15), as 
                redesignated, the following:
            ``(16) Space activity.--
                    ``(A) In general.--The term `space activity' means 
                any activity that is conducted in space.
                    ``(B) Inclusions.--The term `space activity' 
                includes any activity conducted on a celestial body, 
                including the Moon.
                    ``(C) Exclusions.--The term `space activity' does 
                not include any activity that is conducted entirely on 
                board or within a space object and does not affect 
                another space object.
            ``(17) Space object.--The term `space object' means any 
        object, including any component of that object, that is 
        launched into space or constructed in space, including any 
        object landed or constructed on a celestial body, including the 
        Moon.'';
            (2) by amending subchapter III to read as follows:

 ``SUBCHAPTER III--AUTHORIZATION OF NONGOVERNMENTAL EARTH OBSERVATION 
                               ACTIVITIES

``Sec. 60121. Purposes
    ``The purposes of this subchapter are--
            ``(1) to prevent, to the extent practicable, harmful 
        interference to space activities by nongovernmental Earth 
        observation activities;
            ``(2) to manage risk and prevent harm to United States 
        national security; and
            ``(3) to promote the leadership, industrial innovation, and 
        international competitiveness of the United States.
``Sec. 60122. General authority
    ``(a) In General.--The Secretary shall carry out this subchapter.
    ``(b) Functions.--In carrying out this subchapter, the Secretary 
shall consult with--
            ``(1) the Secretary of Defense;
            ``(2) the Secretary of State;
            ``(3) the Director of National Intelligence; and
            ``(4) the head of such other Federal department or agency 
        as the Secretary considers necessary.
``Sec. 60123. Administrative authority of Secretary
    ``(a) Functions.--In order to carry out the responsibilities 
specified in this subchapter, the Secretary may--
            ``(1) grant, condition, or transfer licenses under this 
        chapter;
            ``(2) seek an order of injunction or similar judicial 
        determination from a district court of the United States with 
        personal jurisdiction over the licensee to terminate, modify, 
        or suspend licenses under this subchapter and to terminate 
        licensed operations on an immediate basis, if the Secretary 
        determines that the licensee has substantially failed to comply 
        with any provisions of this chapter, with any terms, 
        conditions, or restrictions of such license, or with any 
        international obligations or national security concerns of the 
        United States;
            ``(3) provide penalties for noncompliance with the 
        requirements of licenses or regulations issued under this 
        subchapter, including civil penalties not to exceed $10,000 
        (each day of operation in violation of such licenses or 
        regulations constituting a separate violation);
            ``(4) compromise, modify, or remit any such civil penalty;
            ``(5) issue subpoenas for any materials, documents, or 
        records, or for the attendance and testimony of witnesses for 
        the purpose of conducting a hearing under this section;
            ``(6) seize any object, record, or report pursuant to a 
        warrant from a magistrate based on a showing of probable cause 
        to believe that such object, record, or report was used, is 
        being used, or is likely to be used in violation of this 
        chapter or the requirements of a license or regulation issued 
        thereunder; and
            ``(7) make investigations and inquiries and administer to 
        or take from any person an oath, affirmation, or affidavit 
        concerning any matter relating to the enforcement of this 
        chapter.
    ``(b) Review of Agency Action.--Any applicant or licensee that 
makes a timely request for review of an adverse action pursuant to 
paragraph (1), (3), (5), or (6) of subsection (a) shall be entitled to 
adjudication by the Secretary on the record after an opportunity for 
any agency hearing with respect to such adverse action. Any final 
action by the Secretary under this subsection shall be subject to 
judicial review under chapter 7 of title 5.
``Sec. 60124. Authorization to conduct nongovernmental Earth 
              observation activities
    ``(a) Requirement.--No person may conduct any nongovernmental Earth 
observation activity without an authorization issued under this 
subchapter.
    ``(b) Waivers.--
            ``(1) In general.--The Secretary may waive a requirement 
        under this subchapter for a nongovernmental Earth observation 
        activity, or for a type or class of nongovernmental Earth 
        observation activities, if the Secretary decides that granting 
        a waiver is consistent with section 60121.
            ``(2) Standards.--Not later than 120 days after the date of 
        enactment of the Space Frontier Act of 2018, the Secretary 
        shall establish standards for determining the de minimis Earth 
        observation activities that would be eligible for a waiver 
        under paragraph (1).
    ``(c) Application.--
            ``(1) In general.--A person seeking an authorization under 
        this subchapter shall submit an application to the Secretary at 
        such time, in such manner, and containing such information as 
        the Secretary may require for the purposes described in section 
        60121, including--
                    ``(A) a description of the proposed Earth 
                observation activity, including--
                            ``(i) a physical and functional description 
                        of each space object;
                            ``(ii) the orbital characteristics of each 
                        space object, including altitude, inclination, 
                        orbital period, and estimated operational 
                        lifetime; and
                            ``(iii) a list of the names of all persons 
                        that have or will have direct operational or 
                        financial control of the Earth observation 
                        activity;
                    ``(B) a plan to prevent orbital debris consistent 
                with the 2001 United States Orbital Debris Mitigation 
                Standard Practices or any subsequent revision thereof; 
                and
                    ``(C) a description of the capabilities of each 
                instrument to be used to observe the Earth in the 
                conduct of the Earth observation activity.
            ``(2) Application status.--Not later than 14 days after the 
        date of receipt of an application, the Secretary shall make a 
        determination whether the application is complete or incomplete 
        and notify the applicant of that determination, including, if 
        incomplete, the reason the application is incomplete.
    ``(d) Review.--
            ``(1) In general.--Not later than 120 days after the date 
        that the Secretary makes a determination under subsection 
        (c)(2) that an application is complete, the Secretary shall 
        review all information provided in that application and, 
        subject to the provisions of this subsection, notify the 
        applicant in writing whether the application was approved or 
        denied.
            ``(2) Approvals.--The Secretary shall approve an 
        application under this subsection if the Secretary determines 
        that--
                    ``(A) the Earth observation activity is consistent 
                with the purposes described in section 60121; and
                    ``(B) the applicant is in compliance, and will 
                continue to comply, with this subchapter, including 
                regulations.
            ``(3) Denials.--
                    ``(A) In general.--If an application under this 
                subsection is denied, the Secretary--
                            ``(i) shall include in the notification 
                        under paragraph (1)--
                                    ``(I) a reason for the denial; and
                                    ``(II) a description of each 
                                deficiency, including guidance on how 
                                to correct the deficiency;
                            ``(ii) shall sign the notification under 
                        paragraph (1);
                            ``(iii) may not delegate the duty under 
                        clause (ii); and
                            ``(iv) shall submit to the Committee on 
                        Commerce, Science, and Transportation of the 
                        Senate and the Committee on Science, Space, and 
                        Technology of the House of Representatives a 
                        copy of the notification.
                    ``(B) Interagency review.--If, during the review of 
                an application under paragraph (1), the Secretary 
                consults with the head of another Federal department or 
                agency and that head of another Federal department or 
                agency does not support approving the application--
                            ``(i) that head of another Federal 
                        department or agency--
                                    ``(I) not later than 90 days after 
                                the date of the consultation, shall 
                                notify the Secretary, in writing, of 
                                the reason for withholding support, 
                                including a description of each 
                                deficiency and guidance on how to 
                                correct the deficiency;
                                    ``(II) shall sign the notification 
                                under subclause (I); and
                                    ``(III) may not delegate the duty 
                                under subclause (II); and
                            ``(ii) the Secretary shall include the 
                        notification under clause (i) in the 
                        notification under paragraph (1), including 
                        classified information if the applicant has the 
                        required security clearance for that classified 
                        information.
                    ``(C) Interagency assents.--If the head of another 
                Federal department or agency does not notify the 
                Secretary under subparagraph (B)(i)(I) within the time 
                specified in that subparagraph, that head of another 
                Federal department or agency shall be deemed to have 
                assented to the application.
                    ``(D) Deficiencies.--The Secretary shall--
                            ``(i) provide each applicant under this 
                        paragraph with a reasonable opportunity--
                                    ``(I) to correct each deficiency 
                                identified under subparagraph 
                                (A)(i)(II); and
                                    ``(II) to resubmit a corrected 
                                application for reconsideration; and
                            ``(ii) not later than 30 days after the 
                        date of receipt of a corrected application 
                        under clause (i)(II), make a determination, in 
                        consultation with each head of another Federal 
                        department or agency that submitted a 
                        notification under subparagraph (B), whether to 
                        approve the application or not.
                    ``(E) Improper basis for denial.--
                            ``(i) Competition.--The Secretary shall not 
                        deny an application under this subsection in 
                        order to protect any existing Earth observation 
                        activity from competition.
                            ``(ii) Capabilities.--The Secretary shall 
                        not, to the maximum extent practicable, deny an 
                        application under this subsection based solely 
                        on the capabilities of the Earth observation 
                        activity if those capabilities are commercially 
                        available.
            ``(4) Deadline.--If the Secretary does not notify an 
        applicant in writing before the applicable deadline under 
        paragraph (1), the Secretary shall, not later than 1 business 
        day after the date of the applicable deadline, notify the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Science, Space, and Technology of 
        the House of Representatives of the status of the application, 
        including the reason the deadline was not met.
            ``(5) Expedited review process.--Subject to paragraph (2), 
        the Secretary may modify the requirements under this 
        subsection, as the Secretary considers appropriate, to expedite 
        the review of an application that seeks to conduct an Earth 
        observation activity that is substantially similar to an Earth 
        observation activity already licensed under this subchapter.
    ``(e) Additional Requirements.--An authorization issued under this 
subchapter shall require the authorized person--
            ``(1) to be in compliance with this subchapter;
            ``(2) to notify the Secretary of any significant change in 
        the information contained in the application; and
            ``(3) to make available to the government of any country, 
        including the United States, unenhanced data collected by the 
        Earth observation system concerning the territory under the 
        jurisdiction of that government as soon as such data are 
        available and on reasonable commercial terms and conditions.
``Sec. 60125. Annual reports
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Space Frontier Act of 2018, and annually thereafter, 
the Secretary shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science, Space, and 
Technology of the House of Representatives a report on the progress in 
implementing this subchapter, including--
            ``(1) a list of all applications received or pending in the 
        previous calendar year and the status of each such application;
            ``(2) notwithstanding paragraph (4) of section 60124(d), a 
        list of all applications, in the previous calendar year, for 
        which the Secretary missed the deadline under paragraph (1) of 
        that section, including the reasons the deadline was not met; 
        and
            ``(3) a description of all actions taken by the Secretary 
        under the administrative authority granted under section 60123.
    ``(b) Classified Annexes.--Each report under subsection (a) may 
include classified annexes as necessary to protect the disclosure of 
sensitive or classified information.
    ``(c) Cessation of Effectiveness.--This section ceases to be 
effective September 30, 2021.
``Sec. 60126. Regulations
    ``The Secretary shall promulgate regulations to implement this 
subchapter.
``Sec. 60127. Relationship to other executive agencies and laws
    ``(a) Executive Agencies.--Except as provided in this subchapter or 
chapter 509, or any activity regulated by the Federal Communications 
Commission under the Communications Act of 1934 (47 U.S.C. 151 et 
seq.), a person is not required to obtain from an executive agency a 
license, approval, waiver, or exemption to conduct a nongovernmental 
Earth observation activity.
    ``(b) Rule of Construction.--This subchapter does not affect the 
authority of--
            ``(1) the Federal Communications Commission under the 
        Communications Act of 1934 (47 U.S.C. 151 et seq.); or
            ``(2) the Secretary of Transportation under chapter 509 of 
        this title.
    ``(c) Nonapplication.--This subchapter does not apply to any space 
activity the United States Government carries out for the 
Government.''; and
            (3) by amending section 60147 to read as follows:
``Sec. 60147. Consultation
    ``(a) Consultation With Secretary of Defense.--The Landsat Program 
Management shall consult with the Secretary of Defense on all matters 
relating to the Landsat Program under this chapter that affect national 
security. The Secretary of Defense shall be responsible for determining 
those conditions, consistent with this chapter, necessary to meet 
national security concerns of the United States and for notifying the 
Landsat Program Management of such conditions.
    ``(b) Consultation With Secretary of State.--
            ``(1) In general.--The Landsat Program Management shall 
        consult with the Secretary of State on all matters relating to 
        the Landsat Program under this chapter that affect 
        international obligations. The Secretary of State shall be 
        responsible for determining those conditions, consistent with 
        this chapter, necessary to meet international obligations and 
        policies of the United States and for notifying the Landsat 
        Program Management of such conditions.
            ``(2) International aid.--Appropriate United States 
        Government agencies are authorized and encouraged to provide 
        remote sensing data, technology, and training to developing 
        nations as a component of programs of international aid.
            ``(3) Reporting discriminatory distribution.--The Secretary 
        of State shall promptly report to the Landsat Program 
        Management any instances outside the United States of 
        discriminatory distribution of Landsat data.
    ``(c) Status Report.--The Landsat Program Management shall, as 
often as necessary, provide to Congress complete and updated 
information about the status of ongoing operations of the Landsat 
system, including timely notification of decisions made with respect to 
the Landsat system in order to meet national security concerns and 
international obligations and policies of the United States 
Government.''.
    (b) Table of Contents.--The table of contents of chapter 601 of 
title 51, United States Code, is amended by striking the items relating 
to subchapter III and inserting the following:

 ``subchapter iii--authorization of nongovernmental earth observation 
                               activities

``60121. Purposes.
``60122. General authority.
``60123. Administrative authority of Secretary.
``60124. Authorization to conduct nongovernmental Earth observation 
                            activities.
``60125. Annual reports.
``60126. Regulations.
``60127. Relationship to other executive agencies and laws.''.
    (c) Rule of Construction.--Nothing in this section or the 
amendments made by this section shall affect any license, or 
application for a license, to operate a private remote sensing space 
system that was made under subchapter III of chapter 601 of title 51, 
United States Code (as in effect before the date of enactment of this 
Act), before the date of enactment of this Act. Such license shall 
continue to be subject to the requirements to which such license was 
subject under that chapter as in effect on the day before the date of 
enactment of this Act.

                        TITLE III--MISCELLANEOUS

SEC. 301. PROMOTING FAIRNESS AND COMPETITIVENESS FOR NASA PARTNERSHIP 
              OPPORTUNITIES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) fair access to available NASA assets and services on a 
        reimbursable, noninterference, equitable, and predictable basis 
        is advantageous in enabling the United States commercial space 
        industry;
            (2) NASA should continue to promote fairness to all parties 
        and ensure best value to the Federal Government in granting use 
        of NASA assets, services, and capabilities in a manner that 
        contributes to NASA's missions and objectives; and
            (3) NASA should continue to promote small business 
        awareness and participation through advocacy and collaborative 
        efforts with internal and external partners, stakeholders, and 
        academia.
    (b) Guidance for Small Business Participation.--The Administrator 
of NASA shall--
            (1) provide opportunities for the consideration of small 
        business concerns during public-private partnership planning 
        processes and in public-private partnership plans;
            (2) invite the participation of each relevant director of 
        an Office of Small and Disadvantaged Business Utilization under 
        section 15(k) of the Small Business Act 915 U.S.C. 644(k) in 
        public-private partnership planning processes and provide the 
        director access to public-private partnership plans;
            (3) not later than 90 days after the date of enactment of 
        this Act--
                    (A) identify and establish a list of all NASA 
                assets, services, and capabilities that are available, 
                or will be available, for public-private partnership 
                opportunities; and
                    (B) make the list under subparagraph (A) available 
                on NASA's website, in a searchable format;
            (4) periodically as needed, but not less than once per 
        year, update the list and website under paragraph (3); and
            (5) not later than 180 days after the date of enactment of 
        this Act, develop a policy and issue guidance for a consistent, 
        fair, and equitable method for scheduling and establishing 
        priority of use of the NASA assets, services, and capabilities 
        identified under this subsection.
    (c) Strengthening Small Business Awareness.--Not later than 180 
days after the date of enactment of this Act, the Administrator of NASA 
shall designate an official at each NASA Center--
            (1) to serve as an advocate for small businesses within the 
        office that manages partnerships at each Center; and
            (2) to provide guidance to small businesses on how to 
        participate in public-private partnership opportunities with 
        NASA.

SEC. 302. LEASE OF NON-EXCESS PROPERTY.

    Section 20145(b) of title 51, United States Code, is amended--
            (1) in the heading, by striking ``Cash Consideration'' and 
        inserting ``Consideration''; and
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``In 
                general'' before ``A person''; and
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) In-kind consideration.--Notwithstanding 
                subparagraph (A), the Administrator may accept in-kind 
                consideration for leases entered into for the purpose 
                of developing--
                            ``(i) renewable energy production 
                        facilities; and
                            ``(ii) space sector industrial 
                        infrastructure and business facilities that the 
                        Administrator determines would advance national 
                        security interests or civil space 
                        capabilities.''.

SEC. 303. SENSE OF CONGRESS ON MAINTAINING A NATIONAL LABORATORY IN 
              SPACE.

    It is the sense of Congress that--
            (1) the United States segment of the ISS (designated a 
        national laboratory under section 70905 of title 51, United 
        States Code)--
                    (A) benefits the scientific community and promotes 
                commerce in space;
                    (B) fosters stronger relationships among NASA and 
                other Federal agencies, the private sector, and 
                research groups and universities;
                    (C) advances science, technology, engineering, and 
                mathematics education through utilization of the unique 
                microgravity environment; and
                    (D) advances human knowledge and international 
                cooperation;
            (2) after the ISS is decommissioned, the United States 
        should maintain a national laboratory in space;
            (3) in maintaining a national laboratory described in 
        paragraph (2), the United States should make appropriate 
        accommodations for different types of ownership and operational 
        structures for the ISS and future space stations;
            (4) the national laboratory described in paragraph (2) 
        should be maintained beyond the date that the ISS is 
        decommissioned and, if possible, in cooperation with 
        international space partners to the extent practicable; and
            (5) NASA should continue to support fundamental science 
        research on future platforms in low-Earth orbit and cis-lunar 
        space.

SEC. 304. CONTINUATION OF THE ISS.

    (a) Continuation of the International Space Station.--Section 
501(a) of the National Aeronautics and Space Administration 
Authorization Act of 2010 (42 U.S.C. 18351(a)) is amended by striking 
``2024'' and inserting ``2030''.
    (b) Maintenance of the United States Segment and Assurance of 
Continued Operations of the International Space Station.--Section 
503(a) of the National Aeronautics and Space Administration 
Authorization Act of 2010 (42 U.S.C. 18353(a)) is amended by striking 
``2024'' and inserting ``2030''.
    (c) Research Capacity Allocation and Integration of Research 
Payloads.--Section 504(d) of the National Aeronautics and Space 
Administration Authorization Act of 2010 (42 U.S.C. 18354(d)) is 
amended by striking ``2024'' each place it appears and inserting 
``2030''.
    (d) Maintaining Use Through at Least 2028.--Section 70907 of title 
51, United States Code, is amended by striking ``2024'' each place it 
appears and inserting ``2030''.
                                 <all>