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

<DOC>





                                                       Calendar No. 686
115th CONGRESS
  2d Session
                                S. 3277

                          [Report No. 115-397]

   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

                           November 29, 2018

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

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

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

<DELETED>Sec. 201. Nongovernmental Earth observation activities.
                   <DELETED>TITLE III--MISCELLANEOUS

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

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

    <DELETED>TITLE I--STREAMLINING OVERSIGHT OF LAUNCH AND REENTRY 
                          ACTIVITIES</DELETED>

<DELETED>SEC. 101. OVERSIGHT OF NONGOVERNMENTAL SPACE 
              ACTIVITIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of Congress that--
</DELETED>
        <DELETED>    (1) increased activity and new applications in 
        space could grow the space economy;</DELETED>
        <DELETED>    (2) it is in the national interest of the United 
        States--</DELETED>
                <DELETED>    (A) to encourage and promote new and 
                existing nongovernmental space activities; 
                and</DELETED>
                <DELETED>    (B) to provide authorization and 
                continuing supervision of those activities through a 
                process that is efficient, transparent, minimally 
                burdensome, and generally permissive; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 102. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.</DELETED>

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

<DELETED>SEC. 103. USE OF EXISTING AUTHORITIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) License Applications and Requirements.--Section 50905 
of title 51, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``subsection (b)(2)(D)'' each place it appears and 
                inserting ``subsection (b)(2)(E)''; and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by inserting ``software,'' 
                        after ``services,''; and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following: ``Such safety approvals may be 
                        issued simultaneously with a license under this 
                        chapter.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(e) Use of Existing Authorities.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Definitions.--Section 50902 of title 51, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (21) through (25) 
        as paragraphs (24) through (28), respectively;</DELETED>
        <DELETED>    (2) by redesignating paragraph (20) as paragraph 
        (22);</DELETED>
        <DELETED>    (3) by redesignating paragraphs (12) through (19) 
        as paragraphs (13) through (20), respectively;</DELETED>
        <DELETED>    (4) by inserting after paragraph (11) the 
        following:</DELETED>
        <DELETED>    ``(12) `nongovernmental space activity' means a 
        space activity of a person other than--</DELETED>
                <DELETED>    ``(A) the United States Government; 
                or</DELETED>
                <DELETED>    ``(B) a Government contractor or 
                subcontractor if the Government contractor or 
                subcontractor is performing the space activity for the 
                Government.'';</DELETED>
        <DELETED>    (5) by inserting after paragraph (20), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(21) `space activity' has the meaning given the 
        term in section 60101 of this title.''; and</DELETED>
        <DELETED>    (6) by inserting after paragraph (22), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(23) `space object' has the meaning given the 
        term in section 60101 of this title.''.</DELETED>
<DELETED>    (d) Restrictions on Launches, Operations, and Reentries.--
Section 50904 of title 51, United States Code, is amended by adding at 
the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 104. EXPERIMENTAL PERMITS.</DELETED>

<DELETED>    Section 50906 of title 51, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(j) Use of Existing Authorities.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 105. SPACE-RELATED ADVISORY RULEMAKING 
              COMMITTEES.</DELETED>

<DELETED>    Section 50903 of title 51, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 106. GOVERNMENT-DEVELOPED SPACE TECHNOLOGY.</DELETED>

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

<DELETED>SEC. 107. REGULATORY REFORM.</DELETED>

<DELETED>    (a) Definitions.--The definitions set forth in section 
50902 of title 51, United States Code, shall apply to this 
section.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Regulatory Improvements for Commercial Space Launch 
Activities.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) creates, to the extent practicable, 
                requirements applicable both to expendable launch and 
                reentry vehicles and to reusable launch and reentry 
                vehicles;</DELETED>
                <DELETED>    (B) is neutral with regard to the specific 
                technology utilized in a launch, a reentry, or an 
                associated safety system;</DELETED>
                <DELETED>    (C) protects the health and safety of the 
                public;</DELETED>
                <DELETED>    (D) establishes clear, high-level 
                performance requirements;</DELETED>
                <DELETED>    (E) encourages voluntary, industry 
                technical standards that complement the high-level 
                performance requirements established under subparagraph 
                (D); and</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (d) Consultation.--In revising the regulations under 
subsection (c), the Secretary of Transportation shall consult with the 
following:</DELETED>
        <DELETED>    (1) Secretary of Defense.</DELETED>
        <DELETED>    (2) Administrator of NASA.</DELETED>
        <DELETED>    (3) Such members of the commercial space launch 
        and reentry sector as the Secretary of Transportation considers 
        appropriate to ensure adequate representation across 
        industry.</DELETED>
<DELETED>    (e) Report.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Contents.--The report shall include--
        </DELETED>
                <DELETED>    (A) milestones and a schedule to meet the 
                objective of this section;</DELETED>
                <DELETED>    (B) a description of any Federal agency 
                resources necessary to meet the objective of this 
                section;</DELETED>
                <DELETED>    (C) recommendations for legislation that 
                would expedite or improve the outcomes under subsection 
                (c); and</DELETED>
                <DELETED>    (D) a plan for ongoing consultation with 
                the persons described in subsection (d).</DELETED>

<DELETED>SEC. 108. SECRETARY OF TRANSPORTATION OVERSIGHT AND 
              COORDINATION OF COMMERCIAL LAUNCH AND REENTRY 
              OPERATIONS.</DELETED>

<DELETED>    (a) Oversight and Coordination.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Certification.--Not later than 45 days after 
        the effective date of this subsection, the President shall 
        certify in writing to Congress that--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Chapter 509.--</DELETED>
                <DELETED>    (A) Purposes.--Section 50901 of title 51, 
                United States Code, is amended by inserting ``all'' 
                before ``commercial launch and reentry 
                operations''.</DELETED>
                <DELETED>    (B) General authority.--Section 50903(b) 
                of title 51, United States Code, is amended--</DELETED>
                        <DELETED>    (i) by redesignating paragraphs 
                        (1) and (2) as paragraphs (2) and (3), 
                        respectively; and</DELETED>
                        <DELETED>    (ii) by inserting before paragraph 
                        (2), as redesignated, the following:</DELETED>
        <DELETED>    ``(1) oversee and coordinate the conduct of all 
        commercial launch and reentry operations, including any 
        commercial launch or commercial reentry at a Federal 
        range;''.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

  <DELETED>TITLE II--STREAMLINING OVERSIGHT OF NONGOVERNMENTAL EARTH 
                    OBSERVATION ACTIVITIES</DELETED>

<DELETED>SEC. 201. NONGOVERNMENTAL EARTH OBSERVATION 
              ACTIVITIES.</DELETED>

<DELETED>    (a) Licensing of Nongovernmental Earth Observation 
Activities.--Chapter 601 of title 51, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in section 60101--</DELETED>
                <DELETED>    (A) by amending paragraph (12) to read as 
                follows:</DELETED>
        <DELETED>    ``(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.'';</DELETED>
                <DELETED>    (B) by redesignating paragraphs (12) and 
                (13) as paragraphs (18) and (19), 
                respectively;</DELETED>
                <DELETED>    (C) by redesignating paragraph (11) as 
                paragraph (15);</DELETED>
                <DELETED>    (D) by redesignating paragraphs (4) 
                through (10) as paragraphs (5) through (11), 
                respectively;</DELETED>
                <DELETED>    (E) by inserting after paragraph (3), the 
                following:</DELETED>
        <DELETED>    ``(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.'';</DELETED>
                <DELETED>    (F) by inserting after paragraph (11), as 
                redesignated, the following:</DELETED>
        <DELETED>    ``(12) Nongovernmental earth observation 
        activity.--The term `nongovernmental Earth observation 
        activity' means an Earth observation activity of a person other 
        than--</DELETED>
                <DELETED>    ``(A) the United States Government; 
                or</DELETED>
                <DELETED>    ``(B) a Government contractor or 
                subcontractor if the Government contractor or 
                subcontractor is performing the activity for the 
                Government.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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</DELETED>
                <DELETED>    (G) by inserting after paragraph (15), as 
                redesignated, the following:</DELETED>
        <DELETED>    ``(16) Space activity.--</DELETED>
                <DELETED>    ``(A) In general.--The term `space 
                activity' means any activity that is conducted in 
                space.</DELETED>
                <DELETED>    ``(B) Inclusions.--The term `space 
                activity' includes any activity conducted on a 
                celestial body, including the Moon.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) by amending subchapter III to read as 
        follows:</DELETED>

   <DELETED>``SUBCHAPTER III--AUTHORIZATION OF NONGOVERNMENTAL EARTH 
                    OBSERVATION ACTIVITIES</DELETED>

<DELETED>``Sec. 60121. Purposes</DELETED>
<DELETED>    ``The purposes of this subchapter are--</DELETED>
        <DELETED>    ``(1) to prevent, to the extent practicable, 
        harmful interference to space activities by nongovernmental 
        Earth observation activities;</DELETED>
        <DELETED>    ``(2) to manage risk and prevent harm to United 
        States national security; and</DELETED>
        <DELETED>    ``(3) to promote the leadership, industrial 
        innovation, and international competitiveness of the United 
        States.</DELETED>
<DELETED>``Sec. 60122. General authority</DELETED>
<DELETED>    ``(a) In General.--The Secretary shall carry out this 
subchapter.</DELETED>
<DELETED>    ``(b) Functions.--In carrying out this subchapter, the 
Secretary shall consult with--</DELETED>
        <DELETED>    ``(1) the Secretary of Defense;</DELETED>
        <DELETED>    ``(2) the Secretary of State;</DELETED>
        <DELETED>    ``(3) the Director of National Intelligence; 
        and</DELETED>
        <DELETED>    ``(4) the head of such other Federal department or 
        agency as the Secretary considers necessary.</DELETED>
<DELETED>``Sec. 60123. Administrative authority of Secretary</DELETED>
<DELETED>    ``(a) Functions.--In order to carry out the 
responsibilities specified in this subchapter, the Secretary may--
</DELETED>
        <DELETED>    ``(1) grant, condition, or transfer licenses under 
        this chapter;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(4) compromise, modify, or remit any such civil 
        penalty;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 60124. Authorization to conduct nongovernmental Earth 
              observation activities</DELETED>
<DELETED>    ``(a) Requirement.--No person may conduct any 
nongovernmental Earth observation activity without an authorization 
issued under this subchapter.</DELETED>
<DELETED>    ``(b) Waivers.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Application.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) a description of the proposed Earth 
                observation activity, including--</DELETED>
                        <DELETED>    ``(i) a physical and functional 
                        description of each space object;</DELETED>
                        <DELETED>    ``(ii) the orbital characteristics 
                        of each space object, including altitude, 
                        inclination, orbital period, and estimated 
                        operational lifetime; and</DELETED>
                        <DELETED>    ``(iii) a list of the names of all 
                        persons that have or will have direct 
                        operational or financial control of the Earth 
                        observation activity;</DELETED>
                <DELETED>    ``(B) a plan to prevent orbital debris 
                consistent with the 2001 United States Orbital Debris 
                Mitigation Standard Practices or any subsequent 
                revision thereof; and</DELETED>
                <DELETED>    ``(C) a description of the capabilities of 
                each instrument to be used to observe the Earth in the 
                conduct of the Earth observation activity.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Review.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Approvals.--The Secretary shall approve an 
        application under this subsection if the Secretary determines 
        that--</DELETED>
                <DELETED>    ``(A) the Earth observation activity is 
                consistent with the purposes described in section 
                60121; and</DELETED>
                <DELETED>    ``(B) the applicant is in compliance, and 
                will continue to comply, with this subchapter, 
                including regulations.</DELETED>
        <DELETED>    ``(3) Denials.--</DELETED>
                <DELETED>    ``(A) In general.--If an application under 
                this subsection is denied, the Secretary--</DELETED>
                        <DELETED>    ``(i) shall include in the 
                        notification under paragraph (1)--</DELETED>
                                <DELETED>    ``(I) a reason for the 
                                denial; and</DELETED>
                                <DELETED>    ``(II) a description of 
                                each deficiency, including guidance on 
                                how to correct the 
                                deficiency;</DELETED>
                        <DELETED>    ``(ii) shall sign the notification 
                        under paragraph (1);</DELETED>
                        <DELETED>    ``(iii) may not delegate the duty 
                        under clause (ii); and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) that head of another Federal 
                        department or agency--</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(II) shall sign the 
                                notification under subclause (I); 
                                and</DELETED>
                                <DELETED>    ``(III) may not delegate 
                                the duty under subclause (II); 
                                and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Deficiencies.--The Secretary shall--
                </DELETED>
                        <DELETED>    ``(i) provide each applicant under 
                        this paragraph with a reasonable opportunity--
                        </DELETED>
                                <DELETED>    ``(I) to correct each 
                                deficiency identified under 
                                subparagraph (A)(i)(II); and</DELETED>
                                <DELETED>    ``(II) to resubmit a 
                                corrected application for 
                                reconsideration; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Improper basis for denial.--
                </DELETED>
                        <DELETED>    ``(i) Competition.--The Secretary 
                        shall not deny an application under this 
                        subsection in order to protect any existing 
                        Earth observation activity from 
                        competition.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Additional Requirements.--An authorization issued 
under this subchapter shall require the authorized person--</DELETED>
        <DELETED>    ``(1) to be in compliance with this 
        subchapter;</DELETED>
        <DELETED>    ``(2) to notify the Secretary of any significant 
        change in the information contained in the application; 
        and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 60125. Annual reports</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) a list of all applications received or 
        pending in the previous calendar year and the status of each 
        such application;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) a description of all actions taken by the 
        Secretary under the administrative authority granted under 
        section 60123.</DELETED>
<DELETED>    ``(b) Classified Annexes.--Each report under subsection 
(a) may include classified annexes as necessary to protect the 
disclosure of sensitive or classified information.</DELETED>
<DELETED>    ``(c) Cessation of Effectiveness.--This section ceases to 
be effective September 30, 2021.</DELETED>
<DELETED>``Sec. 60126. Regulations</DELETED>
<DELETED>    ``The Secretary shall promulgate regulations to implement 
this subchapter.</DELETED>
<DELETED>``Sec. 60127. Relationship to other executive agencies and 
              laws</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Rule of Construction.--This subchapter does not 
affect the authority of--</DELETED>
        <DELETED>    ``(1) the Federal Communications Commission under 
        the Communications Act of 1934 (47 U.S.C. 151 et seq.); 
        or</DELETED>
        <DELETED>    ``(2) the Secretary of Transportation under 
        chapter 509 of this title.</DELETED>
<DELETED>    ``(c) Nonapplication.--This subchapter does not apply to 
any space activity the United States Government carries out for the 
Government.''; and</DELETED>
        <DELETED>    (3) by amending section 60147 to read as 
        follows:</DELETED>
<DELETED>``Sec. 60147. Consultation</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Consultation With Secretary of State.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

   <DELETED>``subchapter iii--authorization of nongovernmental earth 
                         observation activities

<DELETED>``60121. Purposes.
<DELETED>``60122. General authority.
<DELETED>``60123. Administrative authority of Secretary.
<DELETED>``60124. Authorization to conduct nongovernmental Earth 
                            observation activities.
<DELETED>``60125. Annual reports.
<DELETED>``60126. Regulations.
<DELETED>``60127. Relationship to other executive agencies and laws.''.
<DELETED>    (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.</DELETED>

              <DELETED>TITLE III--MISCELLANEOUS</DELETED>

<DELETED>SEC. 301. PROMOTING FAIRNESS AND COMPETITIVENESS FOR NASA 
              PARTNERSHIP OPPORTUNITIES.</DELETED>

<DELETED>    (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) NASA should continue to promote small business 
        awareness and participation through advocacy and collaborative 
        efforts with internal and external partners, stakeholders, and 
        academia.</DELETED>
<DELETED>    (b) Guidance for Small Business Participation.--The 
Administrator of NASA shall--</DELETED>
        <DELETED>    (1) provide opportunities for the consideration of 
        small business concerns during public-private partnership 
        planning processes and in public-private partnership 
        plans;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) not later than 90 days after the date of 
        enactment of this Act--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) make the list under subparagraph (A) 
                available on NASA's website, in a searchable 
                format;</DELETED>
        <DELETED>    (4) periodically as needed, but not less than once 
        per year, update the list and website under paragraph (3); 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) to serve as an advocate for small businesses 
        within the office that manages partnerships at each Center; 
        and</DELETED>
        <DELETED>    (2) to provide guidance to small businesses on how 
        to participate in public-private partnership opportunities with 
        NASA.</DELETED>

<DELETED>SEC. 302. LEASE OF NON-EXCESS PROPERTY.</DELETED>

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

<DELETED>SEC. 303. SENSE OF CONGRESS ON MAINTAINING A NATIONAL 
              LABORATORY IN SPACE.</DELETED>

<DELETED>    It is the sense of Congress that--</DELETED>
        <DELETED>    (1) the United States segment of the ISS 
        (designated a national laboratory under section 70905 of title 
        51, United States Code)--</DELETED>
                <DELETED>    (A) benefits the scientific community and 
                promotes commerce in space;</DELETED>
                <DELETED>    (B) fosters stronger relationships among 
                NASA and other Federal agencies, the private sector, 
                and research groups and universities;</DELETED>
                <DELETED>    (C) advances science, technology, 
                engineering, and mathematics education through 
                utilization of the unique microgravity environment; 
                and</DELETED>
                <DELETED>    (D) advances human knowledge and 
                international cooperation;</DELETED>
        <DELETED>    (2) after the ISS is decommissioned, the United 
        States should maintain a national laboratory in 
        space;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) NASA should continue to support fundamental 
        science research on future platforms in low-Earth orbit and 
        cis-lunar space.</DELETED>

<DELETED>SEC. 304. CONTINUATION OF THE ISS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>

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.
Sec. 109. Study on joint use of spaceports.

 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. 305. United States policy on orbital debris.

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:
    ``(a) Associate Administrator for Commercial Space 
Transportation.--The Assistant Secretary for Commercial Space 
Transportation shall serve as the Associate Administrator for 
Commercial Space Transportation.''.
    (b) Establishment of Assistant Secretary for Commercial Space 
Transportation.--Section 102(e)(1) of title 49, United States Code, is 
amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``6'' and inserting ``7''; and
            (2) in subparagraph (A), by inserting ``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) by amending paragraph (1) to read as follows:
            ``(1) In general.--
                    ``(A) Applications.--A person may apply to the 
                Secretary of Transportation for a license or transfer 
                of a license under this chapter in the form and way the 
                Secretary prescribes.
                    ``(B) Decisions.--Consistent with the public health 
                and safety, safety of property, and national security 
                and foreign policy interests of the United States, the 
                Secretary, not later than the applicable deadline 
                described in subparagraph (C), shall issue or transfer 
                a license if the Secretary decides in writing that the 
                applicant complies, and will continue to comply, with 
                this chapter and regulations prescribed under this 
                chapter.
                    ``(C) Applicable deadline.--The applicable deadline 
                described in this subparagraph shall be--
                            ``(i) for an applicant that was or is a 
                        holder of any license under this chapter, not 
                        later than 90 days after accepting an 
                        application in accordance with criteria 
                        established pursuant to subsection (b)(2)(E); 
                        and
                            ``(ii) for a new applicant, not later than 
                        180 days after accepting an application in 
                        accordance with criteria established pursuant 
                        to subsection (b)(2)(E).
                    ``(D) Notice to applicants.--The Secretary shall 
                inform the applicant of any pending issue and action 
                required to resolve the issue if the Secretary has not 
                made a decision not later than--
                            ``(i) for an applicant described in 
                        subparagraph (C)(i), 60 days after accepting an 
                        application in accordance with criteria 
                        established pursuant to subsection (b)(2)(E); 
                        and
                            ``(ii) for an applicant described in 
                        subparagraph (C)(ii), 120 days after accepting 
                        an application in accordance with criteria 
                        established pursuant to subsection (b)(2)(E).
                    ``(E) Notice to congress.--The Secretary shall 
                transmit to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Science, Space, and Technology of the House of 
                Representatives a written notice not later than 30 days 
                after any occurrence when the Secretary has not taken 
                action on a license application within an applicable 
                deadline established by this subsection.''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``Procedures for safety 
                        approvals.--'' before ``In carrying out'';
                            (ii) by inserting ``software,'' after 
                        ``services,''; and
                            (iii) by adding at the end the following: 
                        ``Such safety approvals may be issued 
                        simultaneously with a license under this 
                        chapter.''; and
            (2) by adding at the end the following:
    ``(e) Use of Existing Authorities.--
            ``(1) In general.--The Secretary--
                    ``(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 60 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) 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) consistent with this chapter, authorize, license, and 
        oversee the conduct of all commercial launch and reentry 
        operations, including any commercial launch or commercial 
        reentry at a Federal range;''.
            (3) 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.

SEC. 109. STUDY ON JOINT USE OF SPACEPORTS.

    (a) In General.--The Secretary of Transportation shall, in 
consultation with the Secretary of Defense, conduct a study of the 
current process the Government uses to provide or permit the joint use 
of United States military installations for licensed nongovernmental 
space launch and reentry activities, space-related activities, and 
space transportation services by United States commercial providers. 
The study shall be completed by not later than 180 days after the date 
of the enactment of this Act.
    (b) Considerations.--In conducting the study required by subsection 
(a), the Secretary of Transportation shall consider the following:
            (1) Improvements that could be made to the current process 
        the Government uses to provide or permit the joint use of 
        United States military installations for licensed 
        nongovernmental space launch and reentry activities, space-
        related activities, and space transportation services by United 
        States commercial providers.
            (2) Means to facilitate the ability for a military 
        installation to request that the Secretary of Transportation 
        consider the military installation as a site to provide or 
        permit the licensed nongovernmental space launch and reentry 
        activities, space-related activities, and space transportation 
        services by United States commercial providers.
            (3) The feasibility of increasing the number of military 
        installations that provide or are permitted to be utilized for 
        licensed nongovernmental space launch and reentry activities, 
        space-related activities, and space transportation services by 
        United States commercial providers.
            (4) The importance of the use of safety approvals of launch 
        vehicles, reentry vehicles, space transportation vehicles, 
        safety systems, processes, services, or personnel (including 
        approval procedures for the purpose of protecting the health 
        and safety of crew, Government astronauts, and space flight 
        participants), to the extent permitted that may be used in 
        conducting licensed commercial space launch, reentry 
        activities, and space transportation services at installations.

 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) Interagency dissents.--If, during the review 
                of an application under paragraph (1), a head of a 
                Federal department or agency described in subparagraph 
                (B) disagrees with the Secretary or the head of another 
                Federal department or agency described in subparagraph 
                (B) with respect to a deficiency under this subsection, 
                the Secretary shall submit the matter to the President, 
                who shall resolve the dispute before the applicable 
                deadline under paragraph (1).
                    ``(E) Deficiencies.--The Secretary shall--
                            ``(i) provide each applicant under this 
                        paragraph with a reasonable opportunity--
                                    ``(I) to correct each deficiency 
                                identified under subparagraph 
                                (A)(i)(II); and
                                    ``(II) to resubmit a corrected 
                                application for reconsideration; and
                            ``(ii) not later than 30 days after the 
                        date of 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.
                    ``(F) Improper basis for denial.--
                            ``(i) Competition.--The Secretary shall not 
                        deny an application under this subsection in 
                        order to protect any existing Earth observation 
                        activity from competition.
                            ``(ii) Capabilities.--The Secretary shall 
                        not, to the maximum extent practicable, deny an 
                        application under this subsection based solely 
                        on the capabilities of the Earth observation 
                        activity if those capabilities 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.
    ``(f) Conditions.--Prior to making any change to a condition of an 
authorization under this subchapter, the Secretary shall--
            ``(1) provide notice of the reason for the change, 
        including, if applicable, a description of any deficiency and 
        guidance on how to correct the deficiency; and
            ``(2) provide a reasonable opportunity to correct a 
        deficiency identified under paragraph (1).
``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) Rules of Construction.--
            (1) Nothing in this section or the amendments made by this 
        section shall affect any license, or application for a license, 
        to operate a private remote sensing space system that was made 
        under subchapter III of chapter 601 of title 51, United States 
        Code (as in effect before the date of 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.
            (2) Nothing in this section or the amendments made by this 
        section shall affect the prohibition on the collection and 
        release of detailed satellite imagery relating to Israel under 
        section 1064 of the National Defense Authorization Act for 
        Fiscal Year 1997 (51 U.S.C. 60121 note).

                        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 of title 51, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the heading, by striking ``Cash 
                Consideration'' and inserting ``Consideration''; and
                    (B) in paragraph (1)--
                            (i) in subparagraph (A), by inserting ``In 
                        general'' before ``A person''; and
                            (ii) 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.''; and
            (2) in subsection (g), by striking ``December 31, 2018'' 
        and inserting ``December 31, 2020''.

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 2030.--Section 70907 of title 
51, United States Code, is amended--
            (1) in the heading, by striking ``2024'' and inserting 
        ``2030''; and
            (2) by striking ``2024'' each place it appears and 
        inserting ``2030''.

SEC. 305. UNITED STATES POLICY ON ORBITAL DEBRIS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) existing guidelines for the mitigation of orbital 
        debris may not be adequate to ensure long term usability of the 
        space environment for all users; and
            (2) the United States should continue to exercise a 
        leadership role in developing orbital debris prevention 
        standards that can be used by all space-faring nations.
    (b) Policy of the United States.--It is the policy of the United 
States to have consistent standards across Federal agencies that 
minimize the risks from orbital debris in order to--
            (1) protect the public health and safety;
            (2) protect humans in space;
            (3) protect the national security interests of the United 
        States;
            (4) protect the safety of property;
            (5) protect space objects from interference; and
            (6) protect the foreign policy interests of the United 
        States.
                                                       Calendar No. 686

115th CONGRESS

  2d Session

                                S. 3277

                          [Report No. 115-397]

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                                 A BILL

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

_______________________________________________________________________

                           November 29, 2018

                       Reported with an amendment