[Congressional Record Volume 164, Number 201 (Thursday, December 20, 2018)]
[Senate]
[Pages S7991-S8002]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4175. Mr. SULLIVAN (for Mr. Barrasso) proposed an amendment to the 
bill S. 512, to modernize the regulation of nuclear energy; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Nuclear 
     Energy Innovation and Modernization Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.

            TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES

Sec. 101. Nuclear Regulatory Commission user fees and annual charges 
              through fiscal year 2020.
Sec. 102. Nuclear Regulatory Commission user fees and annual charges 
              for fiscal year 2021 and each fiscal year thereafter.
Sec. 103. Advanced nuclear reactor program.
Sec. 104. Baffle-former bolt guidance.
Sec. 105. Evacuation report.
Sec. 106. Encouraging private investment in research and test reactors.
Sec. 107. Commission report on accident tolerant fuel.
Sec. 108. Report identifying best practices for establishment and 
              operation of local community advisory boards.
Sec. 109. Report on study recommendations.

                           TITLE II--URANIUM

Sec. 201. Uranium recovery report.
Sec. 202. Pilot program for uranium recovery fees.

     SEC. 2. PURPOSE.

       The purpose of this Act is to provide--
       (1) a program to develop the expertise and regulatory 
     processes necessary to allow innovation and the 
     commercialization of advanced nuclear reactors;
       (2) a revised fee recovery structure to ensure the 
     availability of resources to meet industry needs without 
     burdening existing licensees unfairly for inaccurate workload 
     projections or premature existing reactor closures; and
       (3) more efficient regulation of uranium recovery.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Advanced nuclear reactor.--The term ``advanced nuclear 
     reactor'' means a nuclear fission or fusion reactor, 
     including a prototype plant (as defined in sections 50.2 and 
     52.1 of title 10, Code of Federal Regulations (as in effect 
     on the date of enactment of this Act)), with significant 
     improvements compared to commercial nuclear reactors under 
     construction as of the date of enactment of this Act, 
     including improvements such as--
       (A) additional inherent safety features;
       (B) significantly lower levelized cost of electricity;
       (C) lower waste yields;
       (D) greater fuel utilization;
       (E) enhanced reliability;
       (F) increased proliferation resistance;
       (G) increased thermal efficiency; or
       (H) ability to integrate into electric and nonelectric 
     applications.
       (2) Advanced nuclear reactor fuel.--The term ``advanced 
     nuclear reactor fuel'' means fuel for use in an advanced 
     nuclear reactor or a research and test reactor, including 
     fuel with a low uranium enrichment level of not greater than 
     20 percent.
       (3) Agreement state.--The term ``Agreement State'' means 
     any State with which the Commission has entered into an 
     effective agreement under section 274 b. of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2021(b)).
       (4) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives.
       (5) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (6) Conceptual design assessment.--The term ``conceptual 
     design assessment'' means an early-stage review by the 
     Commission that--
       (A) assesses preliminary design information for consistency 
     with applicable regulatory requirements of the Commission;
       (B) is performed on a set of topic areas agreed to in the 
     licensing project plan; and
       (C) is performed at a cost and schedule agreed to in the 
     licensing project plan.
       (7) Corporate support costs.--The term ``corporate support 
     costs'' means expenditures for acquisitions, administrative 
     services, financial management, human resource management, 
     information management, information technology, policy 
     support, outreach, and training, as those categories are 
     described and calculated in Appendix A of the Congressional 
     Budget Justification for Fiscal Year 2018 of the Commission.
       (8) Licensing project plan.--The term ``licensing project 
     plan'' means a plan that describes--
       (A) the interactions between an applicant and the 
     Commission; and
       (B) project schedules and deliverables in specific detail 
     to support long-range resource planning undertaken by the 
     Commission and an applicant.
       (9) Regulatory framework.--The term ``regulatory 
     framework'' means the framework for reviewing requests for 
     certifications, permits, approvals, and licenses for nuclear 
     reactors.
       (10) Requested activity of the commission.--The term 
     ``requested activity of the Commission'' means--
       (A) the processing of applications for--
       (i) design certifications or approvals;
       (ii) licenses;
       (iii) permits;
       (iv) license amendments;
       (v) license renewals;
       (vi) certificates of compliance; and
       (vii) power uprates; and
       (B) any other activity requested by a licensee or 
     applicant.
       (11) Research and test reactor.--
       (A) In general.--The term ``research and test reactor'' 
     means a reactor that--
       (i) falls within the licensing and related regulatory 
     authority of the Commission under section 202 of the Energy 
     Reorganization Act of 1974 (42 U.S.C. 5842); and
       (ii) is useful in the conduct of research and development 
     activities as licensed under section 104 c. of the Atomic 
     Energy Act (42 U.S.C. 2134(c)).
       (B) Exclusion.--The term ``research and test reactor'' does 
     not include a commercial nuclear reactor.
       (12) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (13) Standard design approval.--The term ``standard design 
     approval'' means the approval of a final standard design or a 
     major portion of a final design standard as described in 
     subpart E of part 52 of title 10, Code of Federal Regulations 
     (as in effect on the date of enactment of this Act).
       (14) Technology-inclusive regulatory framework.--The term 
     ``technology-inclusive regulatory framework'' means a 
     regulatory framework developed using methods of evaluation 
     that are flexible and practicable for application to a 
     variety of reactor technologies, including, where 
     appropriate, the use of risk-informed and performance-based 
     techniques and other tools and methods.
       (15) Topical report.--The term ``topical report'' means a 
     document submitted to the Commission that addresses a 
     technical topic related to nuclear reactor safety or design.

            TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES

     SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL 
                   CHARGES THROUGH FISCAL YEAR 2020.

       (a) In General.--Section 6101(c)(2)(A) of the Omnibus 
     Budget Reconciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) 
     is amended--
       (1) in clause (iii), by striking ``and'' at the end;
       (2) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(v) amounts appropriated to the Commission for the fiscal 
     year for activities related to the development of regulatory 
     infrastructure for advanced nuclear reactor technologies, 
     including activities required under section 103 of the 
     Nuclear Energy Innovation and Modernization Act.''.
       (b) Repeal.--Effective October 1, 2020, section 6101 of the 
     Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is 
     repealed.

     SEC. 102. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL 
                   CHARGES FOR FISCAL YEAR 2021 AND EACH FISCAL 
                   YEAR THEREAFTER.

       (a) Annual Budget Justification.--
       (1) In general.--In the annual budget justification 
     submitted by the Commission to Congress, the Commission shall 
     expressly identify anticipated expenditures necessary for 
     completion of the requested activities of the Commission 
     anticipated to occur during the applicable fiscal year.

[[Page S7992]]

       (2) Restriction.--Budget authority granted to the 
     Commission for purposes of the requested activities of the 
     Commission shall be used, to the maximum extent practicable, 
     solely for conducting requested activities of the Commission.
       (3) Limitation on corporate support costs.--With respect to 
     the annual budget justification submitted to Congress, 
     corporate support costs, to the maximum extent practicable, 
     shall not exceed the following percentages of the total 
     budget authority of the Commission requested in the annual 
     budget justification:
       (A) 30 percent for each of fiscal years 2021 and 2022.
       (B) 29 percent for each of fiscal years 2023 and 2024.
       (C) 28 percent for fiscal year 2025 and each fiscal year 
     thereafter.
       (b) Fees and Charges.--
       (1) Annual assessment.--
       (A) In general.--Each fiscal year, the Commission shall 
     assess and collect fees and charges in accordance with 
     paragraphs (2) and (3) in a manner that ensures that, to the 
     maximum extent practicable, the amount assessed and collected 
     is equal to an amount that approximates--
       (i) the total budget authority of the Commission for that 
     fiscal year; less
       (ii) the budget authority of the Commission for the 
     activities described in subparagraph (B).
       (B) Excluded activities described.--The activities referred 
     to in subparagraph (A)(ii) are the following:
       (i) Any fee relief activity, as identified by the 
     Commission.
       (ii) Amounts appropriated for a fiscal year to the 
     Commission--

       (I) from the Nuclear Waste Fund established under section 
     302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10222(c));
       (II) for implementation of section 3116 of the Ronald W. 
     Reagan National Defense Authorization Act for Fiscal Year 
     2005 (50 U.S.C. 2601 note; Public Law 108-375);
       (III) for the homeland security activities of the 
     Commission (other than for the costs of fingerprinting and 
     background checks required under section 149 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2169) and the costs of 
     conducting security inspections);
       (IV) for the Inspector General services of the Commission 
     provided to the Defense Nuclear Facilities Safety Board;
       (V) for research and development at universities in areas 
     relevant to the mission of the Commission; and
       (VI) for a nuclear science and engineering grant program 
     that will support multiyear projects that do not align with 
     programmatic missions but are critical to maintaining the 
     discipline of nuclear science and engineering.

       (iii) Costs for activities related to the development of 
     regulatory infrastructure for advanced nuclear reactor 
     technologies, including activities required under section 
     103.
       (C) Exception.--The exclusion described in subparagraph 
     (B)(iii) shall cease to be effective on January 1, 2031.
       (D) Report.--Not later than December 31, 2029, the 
     Commission shall submit to the Committee on Appropriations 
     and the Committee on Environment and Public Works of the 
     Senate and the Committee on Appropriations and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report describing the views of the Commission on the 
     continued appropriateness and necessity of the funding 
     described in subparagraph (B)(iii).
       (2) Fees for service or thing of value.--In accordance with 
     section 9701 of title 31, United States Code, the Commission 
     shall assess and collect fees from any person who receives a 
     service or thing of value from the Commission to cover the 
     costs to the Commission of providing the service or thing of 
     value.
       (3) Annual charges.--
       (A) In general.--Subject to subparagraph (B) and except as 
     provided in subparagraph (D), the Commission may charge to 
     any licensee or certificate holder of the Commission an 
     annual charge in addition to the fees assessed and collected 
     under paragraph (2).
       (B) Cap on annual charges of certain licensees.--
       (i) Operating reactors.--The annual charge under 
     subparagraph (A) charged to an operating reactor licensee, to 
     the maximum extent practicable, shall not exceed the annual 
     fee amount per operating reactor licensee established in the 
     final rule of the Commission entitled ``Revision of Fee 
     Schedules; Fee Recovery for Fiscal Year 2015'' (80 Fed. Reg. 
     37432 (June 30, 2015)), as may be adjusted annually by the 
     Commission to reflect changes in the Consumer Price Index 
     published by the Bureau of Labor Statistics of the Department 
     of Labor.
       (ii) Waiver.--The Commission may waive, for a period of 1 
     year, the cap on annual charges described in clause (i) if 
     the Commission submits to the Committee on Appropriations and 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Appropriations and the Committee on 
     Energy and Commerce of the House of Representatives a written 
     determination that the cap on annual charges may compromise 
     the safety and security mission of the Commission.
       (C) Amount per licensee.--
       (i) In general.--The Commission shall establish by rule a 
     schedule of annual charges fairly and equitably allocating 
     the aggregate amount of charges described in subparagraph (A) 
     among licensees and certificate holders.
       (ii) Requirement.--The schedule of annual charges under 
     clause (i)--

       (I) to the maximum extent practicable, shall be reasonably 
     related to the cost of providing regulatory services; and
       (II) may be based on the allocation of the resources of the 
     Commission among licensees or certificate holders or classes 
     of licensees or certificate holders.

       (D) Exemption.--
       (i) Definition of research reactor.--In this subparagraph, 
     the term ``research reactor'' means a nuclear reactor that--

       (I) is licensed by the Commission under section 104 c. of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) for 
     operation at a thermal power level of not more than 10 
     megawatts; and
       (II) if licensed under subclause (I) for operation at a 
     thermal power level of more than 1 megawatt, does not 
     contain--

       (aa) a circulating loop through the core in which the 
     licensee conducts fuel experiments;
       (bb) a liquid fuel loading; or
       (cc) an experimental facility in the core in excess of 16 
     square inches in cross-section.
       (ii) Exemption.--Subparagraph (A) shall not apply to the 
     holder of any license for a federally owned research reactor 
     used primarily for educational training and academic research 
     purposes.
       (c) Performance and Reporting.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall develop for the 
     requested activities of the Commission--
       (A) performance metrics; and
       (B) milestone schedules.
       (2) Delays in issuance of final safety evaluation.--The 
     Executive Director for Operations of the Commission shall 
     inform the Commission of a delay in issuance of the final 
     safety evaluation for a requested activity of the Commission 
     by the completion date required by the performance metrics or 
     milestone schedule under paragraph (1) by not later than 30 
     days after the completion date.
       (3) Delays in issuance of final safety evaluation exceeding 
     180 days.--If the final safety evaluation for the requested 
     activity of the Commission described in paragraph (2) is not 
     completed by the date that is 180 days after the completion 
     date required by the performance metrics or milestone 
     schedule under paragraph (1), the Commission shall submit to 
     the appropriate congressional committees a timely report 
     describing the delay, including a detailed explanation 
     accounting for the delay and a plan for timely completion of 
     the final safety evaluation.
       (d) Accurate Invoicing.--With respect to invoices for fees 
     described in subsection (b)(2), the Commission shall--
       (1) ensure appropriate review and approval prior to the 
     issuance of invoices;
       (2) develop and implement processes to audit invoices to 
     ensure accuracy, transparency, and fairness; and
       (3) modify regulations to ensure fair and appropriate 
     processes to provide licensees and applicants an opportunity 
     to efficiently dispute or otherwise seek review and 
     correction of errors in invoices for those fees.
       (e) Report.--Not later than September 30, 2021, the 
     Commission shall submit to the Committee on Appropriations 
     and the Committee on Environment and Public Works of the 
     Senate and the Committee on Appropriations and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report describing the implementation of this section, 
     including any impacts and recommendations for improvement.
       (f) Effective Date.--Except as provided in subsection (c), 
     this section takes effect on October 1, 2020.

     SEC. 103. ADVANCED NUCLEAR REACTOR PROGRAM.

       (a) Licensing.--
       (1) Staged licensing.--For the purpose of predictable, 
     efficient, and timely reviews, not later than 270 days after 
     the date of enactment of this Act, the Commission shall 
     develop and implement, within the existing regulatory 
     framework, strategies for--
       (A) establishing stages in the licensing process for 
     commercial advanced nuclear reactors; and
       (B) developing procedures and processes for--
       (i) using a licensing project plan; and
       (ii) optional use of a conceptual design assessment.
       (2) Risk-informed licensing.--Not later than 2 years after 
     the date of enactment of this Act, the Commission shall 
     develop and implement, where appropriate, strategies for the 
     increased use of risk-informed, performance-based licensing 
     evaluation techniques and guidance for commercial advanced 
     nuclear reactors within the existing regulatory framework, 
     including evaluation techniques and guidance for the 
     resolution of the following:
       (A) Applicable policy issues identified during the course 
     of review by the Commission of a commercial advanced nuclear 
     reactor licensing application.
       (B) The issues described in SECY-93-092 and SECY-15-077, 
     including--
       (i) licensing basis event selection and evaluation;
       (ii) source terms;
       (iii) containment performance; and
       (iv) emergency preparedness.
       (3) Research and test reactor licensing.--For the purpose 
     of predictable, efficient, and timely reviews, not later than 
     2 years after the date of enactment of this

[[Page S7993]]

     Act, the Commission shall develop and implement strategies 
     within the existing regulatory framework for licensing 
     research and test reactors, including the issuance of 
     guidance.
       (4) Technology-inclusive regulatory framework.--Not later 
     than December 31, 2027, the Commission shall complete a 
     rulemaking to establish a technology-inclusive, regulatory 
     framework for optional use by commercial advanced nuclear 
     reactor applicants for new reactor license applications.
       (5) Training and expertise.--As soon as practicable after 
     the date of enactment of this Act, the Commission shall 
     provide for staff training or the hiring of experts, as 
     necessary--
       (A) to support the activities described in paragraphs (1) 
     through (4); and
       (B) to support preparations--
       (i) to conduct pre-application interactions; and
       (ii) to review commercial advanced nuclear reactor license 
     applications.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to the Commission to carry out this 
     subsection $14,420,000 for each of fiscal years 2020 through 
     2024.
       (b) Report To Establish Stages in the Commercial Advanced 
     Nuclear Reactor Licensing Process.--
       (1) Report required.--Not later than 180 days after the 
     date of enactment of this Act, the Commission shall submit to 
     the appropriate congressional committees a report for 
     expediting and establishing stages in the licensing process 
     for commercial advanced nuclear reactors that will allow 
     implementation of the licensing process by not later than 2 
     years after the date of enactment of this Act (referred to in 
     this subsection as the ``report'').
       (2) Coordination and stakeholder input.--In developing the 
     report, the Commission shall seek input from the Secretary, 
     the nuclear energy industry, a diverse set of technology 
     developers, and other public stakeholders.
       (3) Cost and schedule estimates.--The report shall include 
     proposed cost estimates, budgets, and timeframes for 
     implementing strategies to establish stages in the licensing 
     process for commercial advanced nuclear reactor technologies.
       (4) Required evaluations.--Consistent with the role of the 
     Commission in protecting public health and safety and common 
     defense and security, the report shall evaluate--
       (A)(i) the unique aspects of commercial advanced nuclear 
     reactor licensing, including the use of alternative coolants, 
     operation at or near atmospheric pressure, and the use of 
     passive safety strategies;
       (ii) strategies for the qualification of advanced nuclear 
     reactor fuel, including the use of computer modeling and 
     simulation and experimental validation; and
       (iii) for the purposes of predictable, efficient, and 
     timely reviews, any associated legal, regulatory, and policy 
     issues the Commission should address with regard to the 
     licensing of commercial advanced nuclear reactor 
     technologies;
       (B) options for licensing commercial advanced nuclear 
     reactors under the regulations of the Commission contained in 
     title 10, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act), including--
       (i) the development and use under the regulatory framework 
     of the Commission in effect on the date of enactment of this 
     Act of a licensing project plan that could establish--

       (I) milestones that--

       (aa) correspond to stages of a licensing process for the 
     specific situation of a commercial advanced nuclear reactor 
     project; and
       (bb) use knowledge of the ability of the Commission to 
     review certain design aspects; and

       (II) guidelines defining the roles and responsibilities 
     between the Commission and the applicant at the onset of the 
     interaction--

       (aa) to provide the foundation for effective communication 
     and effective project management; and
       (bb) to ensure efficient progress;
       (ii) the use of topical reports, standard design approval, 
     and other appropriate mechanisms as tools to introduce stages 
     into the commercial advanced nuclear reactor licensing 
     process, including how the licensing project plan might 
     structure the use of those mechanisms;
       (iii) collaboration with standards-setting organizations to 
     identify specific technical areas for which new or updated 
     standards are needed and providing assistance if appropriate 
     to ensure the new or updated standards are developed and 
     finalized in a timely fashion;
       (iv) the incorporation of consensus-based codes and 
     standards developed under clause (iii) into the regulatory 
     framework--

       (I) to provide predictability for the regulatory processes 
     of the Commission; and
       (II) to ensure timely completion of specific licensing 
     actions;

       (v) the development of a process for, and the use of, 
     conceptual design assessments; and
       (vi) identification of any policies and guidance for staff 
     that will be needed to implement clauses (i) and (ii);
       (C) options for improving the efficiency, timeliness, and 
     cost-effectiveness of licensing reviews of commercial 
     advanced nuclear reactors, including opportunities to 
     minimize the delays that may result from any necessary 
     amendment or supplement to an application;
       (D) options for improving the predictability of the 
     commercial advanced nuclear reactor licensing process, 
     including the evaluation of opportunities to improve the 
     process by which application review milestones are 
     established and met; and
       (E) the extent to which Commission action or modification 
     of policy is needed to implement any part of the report.
       (c) Report To Increase the Use of Risk-Informed and 
     Performance-Based Evaluation Techniques and Regulatory 
     Guidance.--
       (1) Report required.--Not later than 180 days after the 
     date of enactment of this Act, the Commission shall submit to 
     the appropriate congressional committees a report for 
     increasing, where appropriate, the use of risk-informed and 
     performance-based evaluation techniques and regulatory 
     guidance in licensing commercial advanced nuclear reactors 
     within the existing regulatory framework (referred to in this 
     subsection as the ``report'').
       (2) Coordination and stakeholder input.--In developing the 
     report, the Commission shall seek input from the Secretary, 
     the nuclear energy industry, technology developers, and other 
     public stakeholders.
       (3) Cost and schedule estimate.--The report shall include 
     proposed cost estimates, budgets, and timeframes for 
     implementing a strategy to increase the use of risk-informed 
     and performance-based evaluation techniques and regulatory 
     guidance in licensing commercial advanced nuclear reactors.
       (4) Required evaluations.--Consistent with the role of the 
     Commission in protecting public health and safety and common 
     defense and security, the report shall evaluate--
       (A) the ability of the Commission to develop and implement, 
     where appropriate, risk-informed and performance-based 
     licensing evaluation techniques and guidance for commercial 
     advanced nuclear reactors within existing regulatory 
     frameworks not later than 2 years after the date of enactment 
     of this Act, including policies and guidance for the 
     resolution of--
       (i) issues relating to--

       (I) licensing basis event selection and evaluation;
       (II) use of mechanistic source terms;
       (III) containment performance;
       (IV) emergency preparedness; and
       (V) the qualification of advanced nuclear reactor fuel; and

       (ii) other policy issues previously identified; and
       (B) the extent to which Commission action is needed to 
     implement any part of the report.
       (d) Report To Prepare the Research and Test Reactor 
     Licensing Process.--
       (1) Report required.--Not later than 1 year after the date 
     of enactment of this Act, the Commission shall submit to the 
     appropriate congressional committees a report for preparing 
     the licensing process for research and test reactors within 
     the existing regulatory framework (referred to in this 
     subsection as the ``report'').
       (2) Coordination and stakeholder input.--In developing the 
     report, the Commission shall seek input from the Secretary, 
     the nuclear energy industry, a diverse set of technology 
     developers, and other public stakeholders.
       (3) Cost and schedule estimates.--The report shall include 
     proposed cost estimates, budgets, and timeframes for 
     preparing the licensing process for research and test 
     reactors.
       (4) Required evaluations.--Consistent with the role of the 
     Commission in protecting public health and safety and common 
     defense and security, the report shall evaluate--
       (A) the unique aspects of research and test reactor 
     licensing and any associated legal, regulatory, and policy 
     issues the Commission should address to prepare the licensing 
     process for research and test reactors;
       (B) the feasibility of developing guidelines for advanced 
     reactor demonstrations and prototypes to support the review 
     process for advanced reactors designs, including designs that 
     use alternative coolants or alternative fuels, operate at or 
     near atmospheric pressure, and use passive safety strategies; 
     and
       (C) the extent to which Commission action or modification 
     of policy is needed to implement any part of the report.
       (e) Report To Complete a Rulemaking To Establish a 
     Technology-Inclusive Regulatory Framework for Optional Use by 
     Commercial Advanced Nuclear Reactor Technologies in New 
     Reactor License Applications and To Enhance Commission 
     Expertise Relating to Advanced Nuclear Reactor 
     Technologies.--
       (1) Report required.--Not later than 30 months after the 
     date of enactment of this Act, the Commission shall submit to 
     the appropriate congressional committees a report (referred 
     to in this subsection as the ``report'') for--
       (A) completing a rulemaking to establish a technology-
     inclusive regulatory framework for optional use by applicants 
     in licensing commercial advanced nuclear reactor technologies 
     in new reactor license applications; and
       (B) ensuring that the Commission has adequate expertise, 
     modeling, and simulation capabilities, or access to those 
     capabilities,

[[Page S7994]]

     to support the evaluation of commercial advanced reactor 
     license applications, including the qualification of advanced 
     nuclear reactor fuel.
       (2) Coordination and stakeholder input.--In developing the 
     report, the Commission shall seek input from the Secretary, 
     the nuclear energy industry, a diverse set of technology 
     developers, and other public stakeholders.
       (3) Cost and schedule estimate.--The report shall include 
     proposed cost estimates, budgets, and timeframes for 
     developing and implementing a technology-inclusive regulatory 
     framework for licensing commercial advanced nuclear reactor 
     technologies, including completion of a rulemaking.
       (4) Required evaluations.--Consistent with the role of the 
     Commission in protecting public health and safety and common 
     defense and security, the report shall evaluate--
       (A) the ability of the Commission to complete a rulemaking 
     to establish a technology-inclusive regulatory framework for 
     licensing commercial advanced nuclear reactor technologies by 
     December 31, 2027;
       (B) the extent to which additional legislation, or 
     Commission action or modification of policy, is needed to 
     implement any part of the new regulatory framework;
       (C) the need for additional Commission expertise, modeling, 
     and simulation capabilities, or access to those capabilities, 
     to support the evaluation of licensing applications for 
     commercial advanced nuclear reactors and research and test 
     reactors, including applications that use alternative 
     coolants or alternative fuels, operate at or near atmospheric 
     pressure, and use passive safety strategies; and
       (D) the budgets and timeframes for acquiring or accessing 
     the necessary expertise to support the evaluation of license 
     applications for commercial advanced nuclear reactors and 
     research and test reactors.

     SEC. 104. BAFFLE-FORMER BOLT GUIDANCE.

       (a) Revisions to Guidance.--Not later than 90 days after 
     the date of enactment of this Act, the Commission shall 
     publish any necessary revisions to the guidance on the 
     baseline examination schedule and subsequent examination 
     frequency for baffle-former bolts in pressurized water 
     reactors with down-flow configurations.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate congressional committees--
       (1) a report explaining any revisions made to the guidance 
     described in subsection (a); or
       (2) if no revisions were made, a report explaining why the 
     guidance, as in effect on the date of submission of the 
     report, is sufficient.

     SEC. 105. EVACUATION REPORT.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate congressional committees a report describing the 
     actions the Commission has taken, or plans to take, to 
     consider lessons learned since September 11, 2001, Superstorm 
     Sandy, Fukushima, and other recent natural disasters 
     regarding directed or spontaneous evacuations in densely 
     populated urban and suburban areas.
       (b) Inclusions.--The report under subsection (a) shall--
       (1) describe the actions of the Commission--
       (A) to consider the results from--
       (i) the State-of-the-Art Reactor Consequence Analyses 
     project; and
       (ii) the current examination by the Commission of emergency 
     planning zones for small modular reactors and advanced 
     nuclear reactors; and
       (B) to monitor international reviews, including reviews 
     conducted by--
       (i) the United Nations Scientific Committee on the Effects 
     of Atomic Radiation;
       (ii) the World Health Organization; and
       (iii) the Fukushima Health Management Survey; and
       (2) with respect to a disaster similar to a disaster 
     described in subsection (a), include information about--
       (A) potential shadow evacuations in response to the 
     disaster; and
       (B) what levels of self-evacuation should be expected 
     during the disaster, including outside the 10-mile evacuation 
     zone.
       (c) Consultation Required.--The report under subsection (a) 
     shall be prepared after consultation with--
       (1) the Federal Radiological Preparedness Coordinating 
     Committee;
       (2) State emergency planning officials from States that the 
     Commission determines to be relevant to the report; and
       (3) experts in analyzing human behavior and probable 
     responses to a radiological emission event.

     SEC. 106. ENCOURAGING PRIVATE INVESTMENT IN RESEARCH AND TEST 
                   REACTORS.

       (a) Purpose.--The purpose of this section is to encourage 
     private investment in research and test reactors.
       (b) Research and Development Activities.--Section 104 c. of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) is 
     amended--
       (1) in the first sentence, by striking ``and which are not 
     facilities of the type specified in subsection 104 b.'' and 
     inserting a period; and
       (2) by adding at the end the following: ``The Commission is 
     authorized to issue licenses under this section for 
     utilization facilities useful in the conduct of research and 
     development activities of the types specified in section 31 
     in which the licensee sells research and testing services and 
     energy to others, subject to the condition that the licensee 
     shall recover not more than 75 percent of the annual costs to 
     the licensee of owning and operating the facility through 
     sales of nonenergy services, energy, or both, other than 
     research and development or education and training, of which 
     not more than 50 percent may be through sales of energy.''.

     SEC. 107. COMMISSION REPORT ON ACCIDENT TOLERANT FUEL.

       (a) Definition of Accident Tolerant Fuel.--In this section, 
     the term ``accident tolerant fuel'' means a new technology 
     that--
       (1) makes an existing commercial nuclear reactor more 
     resistant to a nuclear incident (as defined in section 11 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2014)); and
       (2) lowers the cost of electricity over the licensed 
     lifetime of an existing commercial nuclear reactor.
       (b) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Commission shall submit to 
     Congress a report describing the status of the licensing 
     process of the Commission for accident tolerant fuel.

     SEC. 108. REPORT IDENTIFYING BEST PRACTICES FOR ESTABLISHMENT 
                   AND OPERATION OF LOCAL COMMUNITY ADVISORY 
                   BOARDS.

       (a) Best Practices Report.--Not later than 18 months after 
     the date of enactment of this Act, the Commission shall 
     submit to Congress, and make publicly available, a report 
     identifying best practices with respect to the establishment 
     and operation of a local community advisory board to foster 
     communication and information exchange between a licensee 
     planning for and involved in decommissioning activities and 
     members of the community that decommissioning activities may 
     affect, including lessons learned from any such board in 
     existence before the date of enactment of this Act.
       (b) Contents.--The report described in subsection (a) shall 
     include--
       (1) a description of--
       (A) the topics that could be brought before a local 
     community advisory board;
       (B) how such a board's input could be used to inform the 
     decision-making processes of stakeholders for various 
     decommissioning activities;
       (C) what interactions such a board could have with the 
     Commission and other Federal regulatory bodies to support the 
     board members' overall understanding of the decommissioning 
     process and promote dialogue between the affected 
     stakeholders and the licensee involved in decommissioning 
     activities; and
       (D) how such a board could offer opportunities for public 
     engagement throughout all phases of the decommissioning 
     process;
       (2) a discussion of the composition of a local community 
     advisory board; and
       (3) best practices relating to the establishment and 
     operation of a local community advisory board, including--
       (A) the time of establishment of such a board;
       (B) the frequency of meetings of such a board;
       (C) the selection of board members;
       (D) the term of board members;
       (E) the responsibility for logistics required to support 
     such a board's meetings and other routine activities; and
       (F) any other best practices relating to such a local 
     community advisory board that are identified by the 
     Commission.
       (c) Consultation.--In developing the report described under 
     subsection (a), the Commission shall consult with any host 
     State, any community within the emergency planning zone of an 
     applicable nuclear power reactor, and any existing local 
     community advisory board.
       (d) Public Meetings.--
       (1) In general.--The consultation required under subsection 
     (c) shall include public meetings.
       (2) Public participation.--The public meetings under 
     paragraph (1) shall be conducted under the requirements 
     applicable to category 3 meetings under the policy statement 
     of the Commission entitled ``Enhancing Public Participation 
     in NRC Meetings; Policy Statement'' (67 Fed. Reg. 36920 (May 
     28, 2002)) (or a successor policy statement).
       (3) Number of meetings.--
       (A) In general.--The Commission shall conduct not less than 
     10 public meetings under paragraph (1) in locations that 
     ensure geographic diversity across the United States.
       (B) Priority.--In determining locations in which to conduct 
     a public meeting under subparagraph (A), the Commission shall 
     give priority to States that--
       (i) have a nuclear power reactor currently undergoing the 
     decommissioning process; and
       (ii) request a public meeting under this paragraph.
       (4) Written summary.--The report under subsection (a) shall 
     include a written summary of the public meetings conducted 
     under paragraph (1).

     SEC. 109. REPORT ON STUDY RECOMMENDATIONS.

       Not later than 90 days after the date of enactment of this 
     Act, the Commission shall submit to Congress a report 
     describing the status of addressing and implementing the 
     recommendations contained in the memorandum of the Executive 
     Director of Operations of the Commission entitled ``Tasking

[[Page S7995]]

     in Response to the Assessment of the Considerations 
     Identified in a `Study of Reprisal and Chilling Effect for 
     Raising Mission-Related Concerns and Differing Views at the 
     Nuclear Regulatory Commission' '' and dated June 19, 2018 
     (ADAMS Accession No.: ML18165A296).

                           TITLE II--URANIUM

     SEC. 201. URANIUM RECOVERY REPORT.

       Not later than 90 days after the date of enactment of this 
     Act, the Commission shall submit to the appropriate 
     congressional committees a report describing--
       (1) the duration of uranium recovery license issuance and 
     amendment reviews; and
       (2) recommendations to improve efficiency and transparency 
     of uranium recovery license issuance and amendment reviews.

     SEC. 202. PILOT PROGRAM FOR URANIUM RECOVERY FEES.

       Not later than 1 year after the date of enactment of this 
     Act, the Commission shall--
       (1) complete a voluntary pilot initiative to determine the 
     feasibility of the establishment of a flat fee structure for 
     routine licensing matters relating to uranium recovery; and
       (2) provide to the appropriate congressional committees a 
     report describing the results of the pilot initiative under 
     paragraph (1).
                                 ______
                                 
  SA 4176. Mr. CRUZ (for himself, Mr. Nelson, and Mr. Markey) proposed 
an amendment to the bill S. 3277, to reduce regulatory burdens and 
streamline processes related to commercial space activities, and for 
other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Space 
     Frontier Act of 2019''.
       (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. Office of Commercial Space Transportation.
Sec. 102. Use of existing authorities.
Sec. 103. Experimental permits.
Sec. 104. Space-related advisory rulemaking committees.
Sec. 105. Government-developed space technology.
Sec. 106. Regulatory reform.
Sec. 107. Secretary of Transportation oversight and coordination of 
              commercial launch and reentry operations.
Sec. 108. Study on joint use of spaceports.
Sec. 109. Airspace integration report.

 TITLE II--STREAMLINING OVERSIGHT OF NONGOVERNMENTAL EARTH OBSERVATION 
                               ACTIVITIES

Sec. 201. Nongovernmental Earth observation activities.
Sec. 202. Radio-frequency mapping report.

                        TITLE III--MISCELLANEOUS

Sec. 301. Promoting fairness and competitiveness for NASA partnership 
              opportunities.
Sec. 302. Lease of non-excess property.
Sec. 303. Maintaining a national laboratory in space.
Sec. 304. Presence in low-Earth orbit.
Sec. 305. Continuation of the ISS.
Sec. 306. United States policy on orbital debris.
Sec. 307. Low-Earth orbit commercialization program.
Sec. 308. Bureau of Space Commerce.

     SEC. 2. DEFINITIONS.

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

    TITLE I--STREAMLINING OVERSIGHT OF LAUNCH AND REENTRY ACTIVITIES

     SEC. 101. 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. 102. USE OF EXISTING AUTHORITIES.

       (a) Sense of Congress.--It is the sense of Congress that 
     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, reduce the regulatory burden for an applicant 
     for a commercial space launch or reentry license or 
     experimental permit, and promote commercial space launch and 
     reentry.
       (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 shall use existing 
     authorities, including waivers and safety approvals, as 
     appropriate, to make more efficient use of resources, reduce 
     the regulatory burden for an applicant under this section, 
     and promote commercial space launch and reentry.
       ``(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) 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. 103. 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, reduce 
     the regulatory burden for an applicant under this section, 
     and promote commercial space launch and reentry.
       ``(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. 104. 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. 105. GOVERNMENT-DEVELOPED SPACE TECHNOLOGY.

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

     SEC. 106. 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

[[Page S7996]]

     commercial space launch sector in its innovation of launch 
     technologies, reusable launch and reentry vehicles, and other 
     areas related to commercial launches and reentries.
       (c) Regulatory Improvements for Commercial Space Launch 
     Activities.--
       (1) In general.--Not later than February 1, 2019, the 
     Secretary of Transportation shall issue a notice of proposed 
     rulemaking to revise any regulations under chapter 509, 
     United States Code, as the Secretary considers necessary to 
     meet the objective of this section.
       (2) Objective.--The objective of this section is to 
     establish, consistent with the purposes described in section 
     50901(b) of title 51, United States Code, a regulatory regime 
     for commercial space launch activities under chapter 509 
     that--
       (A) creates, to the extent practicable, requirements 
     applicable both to expendable launch and reentry vehicles and 
     to reusable launch and reentry vehicles;
       (B) is neutral with regard to the specific technology 
     utilized in a launch, a reentry, or an associated safety 
     system;
       (C) protects the health and safety of the public;
       (D) establishes clear, high-level performance requirements;
       (E) encourages voluntary, industry technical standards that 
     complement the high-level performance requirements 
     established under subparagraph (D); and
       (F) facilitates and encourages appropriate collaboration 
     between the commercial space launch and reentry sector and 
     the Department of Transportation with respect to the 
     requirements under subparagraph (D) and the standards under 
     subparagraph (E).
       (d) Consultation.--In revising the regulations under 
     subsection (c), the Secretary of Transportation shall consult 
     with the following:
       (1) Secretary of Defense.
       (2) Administrator of NASA.
       (3) Such members of the commercial space launch and reentry 
     sector as the Secretary of Transportation considers 
     appropriate to ensure adequate representation across 
     industry.
       (e) Report.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Transportation, in 
     consultation with the persons described in subsection (d), 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Science, 
     Space, and Technology and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the progress in carrying out this section.
       (2) Contents.--The report shall include--
       (A) milestones and a schedule to meet the objective of this 
     section;
       (B) a description of any Federal agency resources necessary 
     to meet the objective of this section;
       (C) recommendations for legislation that would expedite or 
     improve the outcomes under subsection (c); and
       (D) a plan for ongoing consultation with the persons 
     described in subsection (d).

     SEC. 107. 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 
     (3) and (4), respectively; and
       (ii) by inserting before paragraph (3), 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;
       ``(2) if an application for a license or permit under this 
     chapter includes launch or reentry at a Defense range, 
     coordinate with the Secretary of Defense, or designee, to 
     protect any national security interest relevant to such 
     activity, including any necessary mitigation measure to 
     protect Department of Defense property and personnel;''.
       (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) Rules of Construction.--Nothing in this Act, or the 
     amendments made by this Act, may be construed to affect--
       (1) section 1617 of the National Defense Authorization Act 
     for Fiscal Year 2016 (51 U.S.C. 50918 note); or
       (2) the authority of the Secretary of Defense as it relates 
     to safety and security related to launch or reentry at a 
     Defense range.
       (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. 108. STUDY ON JOINT USE OF SPACEPORTS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act--
       (1) 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; and
       (2) submit the results of the study to the Committee on 
     Commerce, Science, and Transportation and the Committee on 
     Armed Services of the Senate and the Committee on Science, 
     Space, and Technology and the Committee on Armed Services of 
     the House of Representatives.
       (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.

     SEC. 109. AIRSPACE INTEGRATION REPORT.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Transportation 
     shall--
       (1) identify and review the current policies and tools used 
     to integrate launch and reentry (as those terms are defined 
     in section 50902 of title 51, United States Code) into the 
     national airspace system;
       (2) consider whether the policies and tools identified in 
     paragraph (1) need to be updated to more efficiently and 
     safely manage the national airspace system; and
       (3) submit to the appropriate committees of Congress a 
     report on the findings under paragraphs (1) and (2), 
     including recommendations for how to more efficiently and 
     safely manage the national airspace system.
       (b) Consultation.--In conducting the review under 
     subsection (a), the Secretary shall consult with such members 
     of the commercial space launch and reentry sector and 
     commercial aviation sector as the Secretary considers 
     appropriate to ensure adequate representation across those 
     industries.
       (c) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (2) the Committee on Science, Space, and Technology of the 
     House of Representatives; and
       (3) the Committee on Transportation and Infrastructure of 
     the House of Representatives.

 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

[[Page S7997]]

     is to collect data that can be processed into imagery of the 
     Earth or of man-made objects orbiting 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;
       ``(3) to ensure consistency with international obligations 
     of the United States; and
       ``(4) 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 Director of National Intelligence; and
       ``(3) the head of such other Federal department or agency 
     as the Secretary considers necessary.

     ``Sec. 60123. Administrative authority of Secretary

       ``(a) Functions.--In order to carry out the 
     responsibilities specified in this subchapter, the Secretary 
     may--
       ``(1) grant, condition, or transfer licenses under this 
     chapter;
       ``(2) seek an order of injunction or similar judicial 
     determination from a district court of the United States with 
     personal jurisdiction over the licensee to terminate, modify, 
     or suspend licenses under this subchapter and to terminate 
     licensed operations on an immediate basis, if the Secretary 
     determines that the licensee has substantially failed to 
     comply with any provisions of this chapter, with any terms, 
     conditions, or restrictions of such license, or with any 
     international obligations or national security concerns of 
     the United States;
       ``(3) provide penalties for noncompliance with the 
     requirements of licenses or regulations issued under this 
     subchapter, including civil penalties not to exceed $10,000 
     (each day of operation in violation of such licenses or 
     regulations constituting a separate violation);
       ``(4) compromise, modify, or remit any such civil penalty;
       ``(5) issue subpoenas for any materials, documents, or 
     records, or for the attendance and testimony of witnesses for 
     the purpose of conducting a hearing under this section;
       ``(6) seize any object, record, or report pursuant to a 
     warrant from a magistrate based on a showing of probable 
     cause to believe that such object, record, or report was 
     used, is being used, or is likely to be used in violation of 
     this chapter or the requirements of a license or regulation 
     issued thereunder; and
       ``(7) make investigations and inquiries and administer to 
     or take from any person an oath, affirmation, or affidavit 
     concerning any matter relating to the enforcement of this 
     chapter.
       ``(b) Review of Agency Action.--Any applicant or licensee 
     that makes a timely request for review of an adverse action 
     pursuant to paragraph (1), (3), (5), or (6) of subsection (a) 
     shall be entitled to adjudication by the Secretary on the 
     record after an opportunity for any agency hearing with 
     respect to such adverse action. Any final action by the 
     Secretary under this subsection shall be subject to judicial 
     review under chapter 7 of title 5.

     ``Sec. 60124. Authorization to conduct nongovernmental Earth 
       observation activities

       ``(a) Requirement.--No person may conduct any 
     nongovernmental Earth observation activity without an 
     authorization issued under this subchapter.
       ``(b) Waivers.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Defense, the Director of National Intelligence, 
     and the head of such other Federal agency as the Secretary 
     considers appropriate, 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 2019, the Secretary 
     shall establish standards, in consultation with the Secretary 
     of Defense and the head of such other Federal agency as the 
     Secretary considers appropriate, for determining de minimis 
     Earth observation activities that would be eligible for a 
     waiver under paragraph (1).
       ``(c) Coverage of Authorization.--The Secretary shall, to 
     the maximum extent practicable, require a single 
     authorization for a person--
       ``(1) to conduct multiple Earth observation activities 
     using a single space object;
       ``(2) to operate multiple space objects carrying out 
     substantially similar Earth observation activities; or
       ``(3) to use multiple space objects to carry out a single 
     Earth observation activity.
       ``(d) 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.
       ``(e) Review.--
       ``(1) In general.--Not later than 90 days after the date 
     that the Secretary makes a determination under subsection 
     (d)(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, 
     with or without conditions, 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.--Not later than 3 days after the 
     date that the Secretary makes a determination under 
     subsection (d)(2) that an application is complete, the 
     Secretary shall consult with the head of each Federal 
     department and agency described in section 60122(b) and if 
     any head of such Federal department or agency does not 
     support approving the application--
       ``(i) that head of another Federal department or agency--

       ``(I) not later than 60 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

[[Page S7998]]

       ``(III) may not delegate the duty under subclause (II), 
     except the Secretary of Defense may delegate the duty under 
     subclause (II) to an Under Secretary of Defense; and

       ``(ii) subject to all applicable laws, the Secretary shall 
     include the notification under clause (i) in the notification 
     under paragraph (1), including classified information if--

       ``(I) the Secretary of Defense or Director of National 
     Intelligence, as appropriate, determines that disclosure of 
     the classified information is appropriate; and
       ``(II) 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 whether to approve the application or not, in 
     consultation with--

       ``(I) each head of another Federal department or agency 
     that submitted a notification under subparagraph (B); and
       ``(II) the head of such other Federal department or agency 
     as the Secretary considers necessary.

       ``(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--

       ``(I) are commercially available; or
       ``(II) are reasonably expected to be made commercially 
     available, not later than 3 years after the date of the 
     application, in the international or domestic marketplace.

       ``(iii) Applicability.--The prohibition under clause 
     (ii)(II) shall apply whether the marketplace products and 
     services originate from the operation of aircraft, uncrewed 
     aircraft, or other platforms or technical means or are 
     assimilated from a variety of data sources.
       ``(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) 
     of this section and section 60122(b), 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.
       ``(f) 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.
       ``(g) Prohibition on Retroactive Conditions.--
       ``(1) In general.--Except as provided in paragraph (3), the 
     Secretary may not modify any condition on, or add any 
     condition to, an authorization under this subchapter after 
     the date of the authorization.
       ``(2) Rule of construction.--Nothing in this section shall 
     be constructed to prohibit the Secretary from removing a 
     condition on an authorization under this subchapter.
       ``(3) Interagency review.--
       ``(A) In general.--Subject to subparagraphs (B) and (E), 
     the Secretary or the head of a Federal department or agency 
     described in section 60122(b) may, without delegation, 
     propose the modification or addition of a condition to an 
     authorization under this subchapter after the date of the 
     authorization.
       ``(B) Consultation requirement.--Prior to making the 
     modification or addition under subparagraph (A), the 
     Secretary or the applicable head of the Federal department or 
     agency shall consult with the head of each of the other 
     Federal departments and agencies described in section 
     60122(b) and if any head of such Federal department or agency 
     does not support such modification or addition that head of 
     another Federal department or agency--
       ``(i) not later than 60 days after the date of the 
     consultation, shall notify the Secretary, in writing, of the 
     reason for withholding support;
       ``(ii) shall sign the notification under clause (i); and
       ``(iii) may not delegate the duty under clause (ii).
       ``(C) Interagency assents.--If the head of another Federal 
     department or agency does not notify the Secretary under 
     subparagraph (B)(i) within the time specified in that 
     subparagraph, that head of another Federal department or 
     agency shall be deemed to have assented to the modification 
     or addition under subparagraph (A).
       ``(D) Interagency dissents.--If the head of a Federal 
     department or agency described in subparagraph (A) disagrees 
     with the Secretary or the head of another Federal department 
     or agency described in subparagraph (A) with respect to such 
     modification or addition under this paragraph, the Secretary 
     shall submit the matter to the President, who shall resolve 
     the dispute.
       ``(E) Notice.--Prior to making a modification or addition 
     under subparagraph (A), the Secretary or the head of the 
     Federal department or agency, as applicable, shall--
       ``(i) provide notice to the licensee of the reason for the 
     proposed modification or addition, including, if applicable, 
     a description of any deficiency and guidance on how to 
     correct the deficiency; and
       ``(ii) provide the licensee a reasonable opportunity to 
     correct a deficiency identified in clause (i).

     ``Sec. 60125. Annual reports

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of the Space Frontier Act of 2019, 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(e), 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 may promulgate regulations to implement 
     this subchapter.

     ``Sec. 60127. Relationship to other executive agencies and 
       laws

       ``(a) Executive Agencies.--Except as provided in this 
     subchapter or chapter 509, or any activity regulated by the 
     Federal Communications Commission under the Communications 
     Act of 1934 (47 U.S.C. 151 et seq.), a person is not required 
     to obtain from an executive agency a license, approval, 
     waiver, or exemption to conduct a nongovernmental Earth 
     observation activity.
       ``(b) Rule of Construction.--This subchapter does not 
     affect the authority of--
       ``(1) the Federal Communications Commission under the 
     Communications Act of 1934 (47 U.S.C. 151 et seq.); or
       ``(2) the Secretary of Transportation under chapter 509 of 
     this title.
       ``(c) Nonapplication.--This subchapter does not apply to 
     any space activity the United States Government carries out 
     for the Government.''; and
       (3) by amending section 60147 to read as follows:

     ``Sec. 60147. Consultation

       ``(a) Consultation With Secretary of Defense.--The Landsat 
     Program Management shall consult with the Secretary of 
     Defense on all matters relating to the Landsat Program under 
     this chapter that affect national security. The Secretary of 
     Defense shall be responsible for determining those 
     conditions, consistent with this chapter, necessary to meet 
     national security concerns of the United States and for 
     notifying the Landsat Program Management of such conditions.
       ``(b) Consultation With Secretary of State.--
       ``(1) In general.--The Landsat Program Management shall 
     consult with the Secretary of State on all matters relating 
     to the Landsat Program under this chapter that affect 
     international obligations. The Secretary of State shall be 
     responsible for determining those conditions, consistent with 
     this chapter, necessary to meet international obligations and 
     policies of the United States and for notifying the Landsat 
     Program Management of such conditions.
       ``(2) International aid.--Appropriate United States 
     Government agencies are authorized and encouraged to provide 
     remote sensing data, technology, and training to developing 
     nations as a component of programs of international aid.

[[Page S7999]]

       ``(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).

     SEC. 202. RADIO-FREQUENCY MAPPING REPORT.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Commerce, in 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, shall complete and submit a report 
     on space-based radio-frequency mapping to--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (2) the Select Committee on Intelligence of the Senate;
       (3) the Committee on Armed Services of the Senate;
       (4) the Committee on Science, Space, and Technology of the 
     House of Representatives;
       (5) the Permanent Select Committee on Intelligence of the 
     House of Representatives; and
       (6) the Committee on Armed Services of the House of 
     Representatives.
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) a discussion of whether a need exists to regulate 
     space-based radio-frequency mapping;
       (2) a description of any immitigable impacts of space-based 
     radio-frequency mapping on national security, United States 
     competitiveness and space leadership, or Constitutional 
     rights;
       (3) any recommendations for additional regulatory action 
     regarding space-based radio-frequency mapping;
       (4) a detailed description of the costs and benefits of the 
     recommendations described in paragraph (3); and
       (5) an evaluation of--
       (A) whether the development of voluntary consensus industry 
     standards in coordination with the Department of Defense is 
     more appropriate than issuing regulations with respect to 
     space-based radio-frequency mapping; and
       (B) whether existing law, including regulations and 
     policies, could be applied in a manner that prevents the need 
     for additional regulation of space-based radio-frequency 
     mapping.
       (c) Form.--The report under subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

                        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(g) of title 51, United States Code, is 
     amended by striking ``December 31, 2018'' and inserting 
     ``December 31, 2019''.

     SEC. 303. MAINTAINING A NATIONAL LABORATORY IN SPACE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States national laboratory in space, which 
     currently consists of 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 microgravity laboratory in space;
       (3) in maintaining a national microgravity 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 microgravity 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, short duration suborbital flights, drop towers, and 
     other microgravity testing environments.
       (b) Report.--The Administrator of NASA shall produce, in 
     coordination with the National Space Council and other 
     Federal agencies as the Administrator deems relevant, a 
     report detailing the feasibility of establishing a 
     microgravity national laboratory Federally Funded Research 
     and Development Center to undertake the work related to the 
     study and utilization of in-space conditions.

     SEC. 304. PRESENCE IN LOW-EARTH ORBIT.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) it is in the national and economic security interests 
     of the United States to maintain a continuous human presence 
     in low-Earth orbit; and
       (2) low-Earth orbit should be utilized as a testbed to 
     advance human space exploration, scientific discoveries, and 
     United States economic competitiveness and commercial 
     participation.
       (b) Human Presence Requirement.--NASA shall continuously 
     maintain the capability for a continuous human presence in 
     low-Earth orbit through and beyond the useful life of the 
     ISS.

     SEC. 305. 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''.

[[Page S8000]]

       (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. 306. 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.

     SEC. 307. LOW-EARTH ORBIT COMMERCIALIZATION PROGRAM.

       (a) Program Authorization.--The Administrator of NASA may 
     establish a low-Earth orbit commercialization program to 
     encourage the fullest commercial use and development of space 
     by the private sector of the United States.
       (b) Contents.--The program under subsection (a) may 
     include--
       (1) activities to stimulate demand for human space flight 
     products and services in low-Earth orbit;
       (2) activities to improve the capability of the ISS to 
     accommodate commercial users; and
       (3) subject to subsection (c), activities to accelerate the 
     development of commercial space stations or commercial space 
     habitats.
       (c) Conditions.--
       (1) Cost share.--The Administrator shall give priority to 
     an activity under subsection (b)(3) in which the private 
     sector entity conducting the activity provides a share of the 
     coast o develop and operate the activity.
       (2) Commercial space habitat.--The Administration may not 
     engage in an activity under subsection (b)(3) until after the 
     date that the Administrator of NASA awards a contract for the 
     use of a docking port on the ISS.
       (d) Reports.--Not later than 30 days after the date that an 
     award or agreement is made under subsection (b)(3), the 
     Administrator of NASA 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 development of the commercial 
     space station or commercial space habitat, as applicable, 
     including a business plan for how the activity will--
       (1) meet NASA's future requirements for low-Earth orbit 
     human space flight services; and
       (2) satisfy the non-Federal funding requirement under 
     subsection (c)(1).
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator of NASA to carry out 
     a low-Earth commercialization program under this section 
     $150,000,000 for fiscal year 2020.

     SEC. 308. BUREAU OF SPACE COMMERCE.

       (a) In General.--Chapter 507 of title 51, United States 
     Code, is amended--
       (1) in the heading, by striking ``OFFICE'' and inserting 
     ``BUREAU'';
       (2) by amending section 50701 to read as follows:

     ``Sec. 50701. Definition of Bureau

       ``In this chapter, the term `Bureau' means the Bureau of 
     Space Commerce established in section 50702 of this title.'';
       (3) in section 50702--
       (A) by amending subsection (a) to read as follows:
       ``(a) In General.--There is established within the 
     Department of Commerce a Bureau of Space Commerce.'';
       (B) by amending subsection (b) to read as follows:
       ``(b) Assistant Secretary.--The Bureau shall be headed by 
     an Assistant Secretary for Space Commerce, to be appointed by 
     the President with the advice and consent of the Senate and 
     compensated at level II or III of the Executive Schedule, as 
     determined by the Secretary of Commerce. The Assistant 
     Secretary shall report directly to the Secretary of 
     Commerce.'';
       (C) in subsection (c)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Office'' and inserting ``Bureau'';
       (ii) in paragraph (2), by inserting ``, including 
     activities licensed under chapter 601 of this title'' before 
     the semicolon; and
       (iii) in paragraph (5), by striking ``Position,'' and 
     inserting ``Positioning,''; and
       (D) in subsection (d)--
       (i) in the heading, by striking ``Director'' and inserting 
     ``Assistant Secretary'';
       (ii) in the matter preceding paragraph (1)--

       (I) by striking ``Director'' and inserting ``Assistant 
     Secretary''; and
       (II) by striking ``Office shall'' and inserting ``Bureau 
     shall, under the direction and supervision of the 
     Secretary,'';

       (iii) by redesignating paragraphs (1) through (7) as 
     paragraphs (3) through (9), respectively; and
       (iv) by inserting before paragraph (3), as redesignated, 
     the following:
       ``(1) to oversee the issuing of licenses under chapter 601 
     of this title;
       ``(2) coordinating Department policy impacting commercial 
     space activities and working with other executive agencies to 
     promote policies that advance commercial space activities;''; 
     and
       (v) in paragraph (8), as redesignated, by inserting ``, 
     consistent with the international obligations, foreign 
     policy, and national security interests of the United 
     States'' before the semicolon;
       (4) in section 50703--
       (A) by striking ``Office'' and inserting ``Bureau''; and
       (B) by striking ``Committee on Science and Technology of 
     the House of Representatives'' and inserting ``Committee on 
     Science, Space, and Technology of the House of 
     Representatives''; and
       (5) by adding at the end the following:

     ``Sec. 50704. Authorization of appropriations

       ``There is authorized to be appropriated to the Secretary 
     of Commerce to carry out this chapter $10,000,000 for each of 
     fiscal years 2020 through 2024.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents of chapter 
     507 of title 51, United States Code, is amended--
       (A) in the item relating to section 50701, by striking 
     ``Office'' and inserting ``Bureau''; and
       (B) by adding after the item relating to section 50703 the 
     following:

``50704. Authorization of appropriations.''.

       (2) Table of chapters.--The table of chapters of title 51, 
     United States Code, is amended in the item relating to 
     chapter 507 by striking ``Office'' and inserting ``Bureau''.
       (3) Cooperation with former soviet republics.--Section 218 
     of the National Aeronautics and Space Administration 
     Authorization Act, Fiscal Year 1993 (51 U.S.C. 50702 note) is 
     amended by striking ``Office'' each place it appears and 
     inserting ``Bureau''.

                                 ______
                                 
  SA 4177. Mr. McCONNELL (for Mr. Booker) proposed an amendment to the 
bill H.R. 6287, to provide competitive grants for the operation, 
security, and maintenance of certain memorials to victims of the 
terrorist attacks of September 11, 2001; as follows:

       On page 2, lines 5 and 6, strike ``, the Pentagon, and 
     United Airlines Flight 93'' and insert ``and the Pentagon''.
                                 ______
                                 
  SA 4178. Mr. McCONNELL (for Mr. Young) proposed an amendment to the 
bill S. 2432, to amend the charter of the Future Farmers of America, 
and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National FFA Organization's 
     Federal Charter Amendments Act''.

     SEC. 2. ORGANIZATION.

       Section 70901 of title 36, United States Code, is amended--
       (1) in subsection (a), by striking ``corporation'' and 
     inserting ``FFA''; and
       (2) in subsection (b), by striking ``corporation'' and 
     inserting ``FFA''.

     SEC. 3. PURPOSES OF THE CORPORATION.

       Section 70902 of title 36, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``corporation'' and inserting ``FFA'';
       (2) by redesignating paragraphs (1) and (2) as paragraphs 
     (7) and (8), respectively;
       (3) by striking paragraphs (3), (4), (6), and (7);
       (4) by redesignating paragraph (5) as paragraph (11);
       (5) by redesignating paragraphs (8) and (9) as paragraphs 
     (12) and (13), respectively;
       (6) by inserting before paragraph (7), as redesignated by 
     paragraph (2), the following:
       ``(1) to be an integral component of instruction in 
     agricultural education, including instruction relating to 
     agriculture, food, and natural resources;
       ``(2) to advance comprehensive agricultural education in 
     the United States, including in public schools, by supporting 
     contextual classroom and laboratory instruction and work-
     based experiential learning;
       ``(3) to prepare students for successful entry into 
     productive careers in fields relating to agriculture, food, 
     and natural resources, including by connecting students to 
     relevant postsecondary educational pathways and focusing on 
     the complete delivery of classroom and laboratory 
     instruction, work-based experiential learning, and leadership 
     development;
       ``(4) to be a resource and support organization that does 
     not select, control, or supervise State association, local 
     chapter, or individual member activities;

[[Page S8001]]

       ``(5) to develop educational materials, programs, services, 
     and events as a service to State and local agricultural 
     education agencies;
       ``(6) to seek and promote inclusion and diversity in its 
     membership, leadership, and staff to reflect the belief of 
     the FFA in the value of all human beings;'';
       (7) in paragraph (7), as redesignated by paragraph (2)--
       (A) by striking ``composed of students and former students 
     of vocational agriculture in public schools qualifying for 
     Federal reimbursement under the Smith-Hughes Vocational 
     Education Act (20 U.S.C. 11-15, 16-28''; and
       (B) by inserting ``as such chapters and associations carry 
     out agricultural education programs that are approved by 
     States, territories, or possessions'' after ``United 
     States'';
       (8) in paragraph (8), as redesignated by paragraph (2)--
       (A) by striking ``to develop'' and inserting ``to build'';
       (B) by striking ``train for useful citizenship, and foster 
     patriotism, and thereby'' and inserting ``and''; and
       (C) by striking ``aggressive rural and'' and inserting 
     ``assertive'';
       (9) by inserting after paragraph (8), as redesignated by 
     paragraph (2), the following:
       ``(9) to increase awareness of the global and technological 
     importance of agriculture, food, and natural resources, and 
     the way agriculture contributes to our well-being;
       ``(10) to promote the intelligent choice and establishment 
     of a career in fields relating to agriculture, food, and 
     natural resources;'';
       (10) in paragraph (11), as redesignated by paragraph (4)--
       (A) by striking ``to procure for and distribute to State'' 
     and inserting ``to make available to State'';
       (B) by inserting ``, programs, services,'' before ``and 
     equipment''; and
       (C) by striking ``corporation'' and inserting ``FFA'';
       (11) in paragraph (12), as redesignated by paragraph (5), 
     by striking ``State boards for vocational'' and inserting 
     ``State boards and officials for career and technical''; and
       (12) in paragraph (13), as redesignated by paragraph (5), 
     by striking ``corporation'' and inserting ``FFA''.

     SEC. 4. MEMBERSHIP.

       Section 70903(a) of title 36, United States Code, is 
     amended--
       (1) by striking ``corporation'' and inserting ``FFA''; and
       (2) by striking ``as provided in the bylaws'' and inserting 
     ``as provided in the constitution or bylaws of the FFA''.

     SEC. 5. GOVERNING BODY.

       Section 70904 of title 36, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``corporation'' and 
     inserting ``FFA'' each place the term appears;
       (B) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) The board--
       ``(A) shall consist of--
       ``(i) the Secretary of Education, or the Secretary of 
     Education's designee who has experience in agricultural 
     education, the FFA, or career and technical education; and
       ``(ii) other individuals--

       ``(I) representing the fields of education, agriculture, 
     food, and natural resources; or
       ``(II) with experience working closely with the FFA; and

       ``(B) shall not include any individual who is a current 
     employee of the National FFA Organization.
       ``(3) The number of directors, terms of office of the 
     directors, and the method of selecting the directors, are as 
     provided in the constitution or bylaws of the FFA.''; and
       (C) in paragraph (4)--
       (i) in the first sentence, by striking ``bylaws'' and 
     inserting ``constitution or bylaws of the FFA''; and
       (ii) in the third sentence, by striking ``chairman'' and 
     inserting ``chair'';
       (2) by striking subsection (b); and
       (3) by inserting after subsection (a) the following:
       ``(b) Officers.--The officers of the FFA, the terms of 
     officers, and the election of officers, are as provided in 
     the constitution or bylaws of the FFA, except that such 
     officers shall include--
       ``(1) a national advisor;
       ``(2) an executive secretary; and
       ``(3) a treasurer.
       ``(c) Governing Committee.--
       ``(1) The board may designate a governing committee. The 
     terms and method of selecting the governing committee members 
     are as provided in the constitution or bylaws of the FFA, 
     except that all members of the governing committee shall be 
     members of the board of directors and at all times the 
     governing committee shall be comprised of not less than 3 
     individuals.
       ``(2) When the board is not in session, the governing 
     committee has the powers of the board subject to the board's 
     direction and may authorize the seal of the FFA to be affixed 
     to all papers that require it
       ``(3) The board shall designate to such committee--
       ``(A) the chair of the board;
       ``(B) the executive secretary of the board; and
       ``(C) the treasurer of the board.''.

     SEC. 6. NATIONAL STUDENT OFFICERS.

       Section 70905 of title 36, United States Code, is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Composition.--There shall be not less than 6 national 
     student officers of the FFA, including a student president, 4 
     student vice presidents (each representing regions as 
     provided in the constitution or bylaws of the corporation), 
     and a student secretary.'';
       (2) by striking subsection (b); and
       (3) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively.

     SEC. 7. POWERS.

       Section 70906 of title 36, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``corporation'' and inserting ``FFA'';
       (2) in paragraph (2), by striking ``corporate'';
       (3) in paragraph (4), by striking ``corporation'' and 
     inserting ``FFA'';
       (4) in paragraph (6), by striking ``corporation'' and 
     inserting ``FFA'';
       (5) by amending paragraph (8) to read as follows:
       ``(8) use FFA funds to give prizes, awards, loans, and 
     grants to deserving members, local FFA chapters, and State 
     FFA associations to carry out the purposes of the FFA;'';
       (6) by amending paragraph (9) to read as follows:
       ``(9) produce publications, websites, and other media;'';
       (7) in paragraph (10)--
       (A) by striking ``procure for and distribute to State'' and 
     inserting ``make available to State''; and
       (B) by striking ``Future Farmers of America'' and inserting 
     ``FFA''; and
       (8) in paragraph (12), by striking ``corporation'' and 
     inserting ``FFA''.

     SEC. 8. NAME, SEALS, EMBLEMS, AND BADGES.

       Section 70907 of title 36, United States Code, is amended--
       (1) by striking ``corporation'' and inserting ``FFA'' each 
     place the term appears;
       (2) by striking ``name'' and inserting ``names'';
       (3) by striking `` `Future Farmers of America' '' and 
     inserting `` `Future Farmers of America' and `National FFA 
     Organization,' ''; and
       (4) by inserting ``education'' before ``membership''.

     SEC. 9. RESTRICTIONS.

       Section 70908 of title 36, United States Code, is amended--
       (1) in subsection (a), by striking ``corporation'' and 
     inserting ``FFA'';
       (2) in subsection (b), by striking ``corporation or a 
     director, officer, or member as such'' and inserting ``FFA or 
     a director, officer, or member acting on behalf of the FFA'';
       (3) in subsection (c), by striking ``corporation'' and 
     inserting ``FFA'' each place the term appears; and
       (4) in subsection (d), in the first sentence, by striking 
     ``corporation'' and inserting ``FFA''.

     SEC. 10. RELATIONSHIP TO FEDERAL AGENCIES.

       Section 70909 of title 36, United States Code, is amended 
     to read as follows:

     ``SEC. 70909. RELATIONSHIP TO FEDERAL AGENCIES.

       ``(a) In General.--On request of the board of directors, 
     the FFA may collaborate with Federal agencies, including the 
     Department of Education and the Department of Agriculture on 
     matters of mutual interest and benefit.
       ``(b) Agency Assistance.--Those Federal agencies may make 
     personnel, services, and facilities available to administer 
     or assist in the administration of the activities of the FFA.
       ``(c) Agency Compensation.--Personnel of the Federal 
     agencies may not receive compensation from the FFA for their 
     services, except that travel and other legitimate expenses as 
     defined by the Federal agencies and approved by the board may 
     be paid.
       ``(d) Cooperation With State Boards.--The Federal agencies 
     also may cooperate with State boards and other organizations 
     for career and technical education to assist in the promotion 
     of activities of the FFA.''.

     SEC. 11. HEADQUARTERS AND PRINCIPAL OFFICE.

       Section 70910 of title 36, United States Code, is amended 
     by striking ``of the corporation shall be in the District of 
     Columbia. However, the activities of the corporation are not 
     confined to the District of Columbia but'' and inserting ``of 
     the FFA shall be as provided in the constitution or bylaws of 
     the FFA. The activities of the FFA''.

     SEC. 12. RECORDS AND INSPECTION.

       Section 709011 of title 36, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``corporation'' and 
     inserting ``FFA''; and
       (B) in paragraph (3), by striking ``entitled to vote''; and
       (2) in subsection (b), by striking ``corporation'' and 
     inserting ``FFA''.

     SEC. 13. SERVICE OF PROCESS.

       Section 70912 of title 36, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``District of Columbia'' and inserting ``In 
     General'';
       (B) by striking ``corporation'' and inserting ``FFA'' each 
     place the term appears;
       (C) by striking ``in the District of Columbia'' before ``to 
     receive''; and
       (D) by striking ``Designation of the agent shall be filed 
     in the office of the clerk of the United States District 
     Court for the District of Columbia''; and

[[Page S8002]]

       (2) in subsection (b)--
       (A) by striking ``corporation'' and inserting ``FFA'' each 
     place the term appears; and
       (B) by inserting ``of the FFA'' after ``association or 
     chapter''.

     SEC. 14. LIABILITY FOR ACTS OF OFFICERS OR AGENTS.

       Section 70913 of title 36, United States Code, is amended 
     by striking ``corporation'' and inserting ``FFA''.

     SEC. 15. DISTRIBUTION OF ASSETS IN DISSOLUTION OR FINAL 
                   LIQUIDATION.

       Section 70914 of title 36, United States Code, is amended--
       (1) by striking ``corporation'' and inserting ``FFA''; and
       (2) by striking ``vocational agriculture'' and inserting 
     ``agricultural education''.
  The PRESIDING OFFICER. The majority leader.

                          ____________________