[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been unable to meet its full potential due to outdated regulations and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
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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.
____________________