[Congressional Record Volume 164, Number 201 (Thursday, December 20, 2018)]
[Senate]
[Pages S7966-S7971]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       SPACE FRONTIER ACT OF 2018

  Mr. CRUZ. Mr. President, for over half a century, the United States 
has been the global leader in space. In that time, we have not only 
watched as NASA has sent humans farther than they had ever gone before, 
but we have also witnessed a new and growing commercial space sector 
that has pushed the bounds of what we thought possible.
  As a nation, we can't simply rest on our laurels and take our 
leadership for granted. That is why I was proud to be joined by 
Senators Bill Nelson and Ed Markey in introducing the Space Frontier 
Act, which passed out of the Senate Commerce Committee by voice vote on 
August 1, thanks to the leadership of Chairman John Thune, who helped 
make space issues a priority for the committee.
  The Space Frontier Act builds upon the U.S. Commercial Space Launch 
Competitiveness Act that I was proud to work hand in hand with Senator 
Nelson as well, that was passed by Congress and signed into law by 
President Obama in 2015.
  The United States has the potential to grow an incredibly vibrant and 
competitive commercial space industry. The FAA reported in 2009 that 
commercial space transportation and enabled industries generated $208.3 
billion in economic activity.
  While the commercial space industry is continuing to grow, it has 
been unable to meet its full potential due to outdated regulations and 
policies that have the potential to stifle innovation, to restrict 
investment, and to drive the American launch sector and nontraditional 
space activities to foreign countries abroad.
  The Space Frontier Act seeks to address these challenges by reducing 
the regulatory barriers that are facing our Nation's commercial space 
sector so we can allow companies to continue to grow and establish 
U.S.-led commercial economy in space.
  The Space Frontier Act also takes the critical step of continuing the 
operations and utilization of the International Space Station through 
the year 2030; ensures that the United States will not cede low-Earth 
orbit to China; it enacts meaningful reforms to modernize our Nation's 
launch and reentry regulations; and it streamlines nongovernmental 
Earth observation regulations. The bill also ensures that both the 
Department of Commerce and the Department of Transportation will take 
leading roles in promoting and helping to grow our Nation's commercial 
space sector.
  I am proud to work hand in hand with my friend and colleague, 
Democratic Senator Bill Nelson, in seeing bipartisan agreement continue 
in support of America's leadership in space.
  I yield the floor to Senator Nelson.
  Mr. NELSON. Mr. President, I join our colleague from Texas in asking 
the Senate to take up and pass the Space Frontier Act of 2019. We are 
asking to expedite consideration of this bill in order to allow for the 
House to take it up and pass it tonight.
  I thank Senator Cruz, Senator Markey, and the chairman of the 
Commerce Committee, Senator Thune, for working with all of us on this 
bipartisan issue.
  It updates the commercial launch and Earth observation regulations. 
It extends the International Space Station through 2030. This is no 
minor task to get that national laboratory that is orbiting high above 
the Earth--six human beings are on board right now doing research. All 
the people participating, including the commercial sector, know they 
will have that national laboratory all the way to the end of the decade 
of the 2020s, which is going to allow them to plan and invest. Who 
knows what discoveries they will make in this unique environment of 
zero gravity.
  The act also expands opportunities for partnerships with NASA under 
the Agency's enhanced use authority.
  Reforms in this bill will help commercial space companies, very 
likely in the near future, to have two launches a day. As a result, 
jobs will continue to soar as the rockets soar off the launchpads. 
Extending the life of the station well through the next decade, as this 
bill does, will also ensure that America remains a leader in space 
exploration.
  Now, we know our goal is to go to Mars with humans, and what this 
bill does today furthers that goal by giving us a research outpost in 
zero gravity--the International Space Station--by continuing to improve 
and perfect America's launch capability.
  I remind you, it was only a few years ago that we only had about one-
third of the world's launches each year. The United States only had 
one-third. We now have upward of two-thirds. A lot of this is occurring 
right at Cape Canaveral and the Kennedy Space Center.

  So as we set our sights on Mars with the way station at the Moon and 
build the technologies and the systems in order to carry humans all the 
way to Mars, land, and to return them safely, this bill is another 
step, building on the NASA Authorization Act that we passed 1 year ago.
  So indeed it is my privilege to be here and to be a part of the 
passage of this legislation.
  Mr. CRUZ. I thank my friend, the senior Senator from Florida, for his 
leadership and congratulate him on our success in bringing this body 
together and getting this bill passed.
  I hope the House will join us and pass it into law later today.
  Mr. President, I ask unanimous consent that the Senate proceed to the 
immediate consideration of Calendar No. 686, S. 3277.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3277) to reduce regulatory burdens and 
     streamline processes related to commercial space activities, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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.

[[Page S7967]]

  


    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

[[Page S7968]]

     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.

[[Page S7969]]

  


     ``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

[[Page S7970]]

     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.

  Mr. CRUZ. Mr. President, I ask unanimous consent that the committee-
reported substitute amendment be withdrawn, the Cruz substitute 
amendment at the desk be considered and agreed to, the bill, as 
amended, be considered read a third time and passed, and the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 4176), in the nature of a substitute, was agreed 
to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 3277), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  Mr. CRUZ. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.

[[Page S7971]]

  

  Mr. CASEY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________