[Congressional Record Volume 164, Number 202 (Friday, December 21, 2018)]
[House]
[Pages H10560-H10567]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       SPACE FRONTIER ACT OF 2019

  Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass 
the bill (S. 3277) to reduce regulatory burdens and streamline 
processes related to commercial space activities, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3277

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Space 
     Frontier Act of 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.

[[Page H10561]]

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 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

[[Page H10562]]

     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 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;

[[Page H10563]]

       ``(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
       ``(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.

[[Page H10564]]

       ``(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.
       ``(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

[[Page H10565]]

     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''.
       (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

[[Page H10566]]

       (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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Smith) and the gentlewoman from Texas (Ms. Eddie Bernice 
Johnson) each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
to include extraneous material on S. 3277, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the Space Frontier Act is a missed opportunity, despite 
months of negotiations. The House successfully added some positive 
provisions to the bill, including:
  Increased the stature of the Department of Commerce Office of Space 
Commerce to a Bureau of Space Commerce, led by a Senate-confirmed 
Assistant Secretary of Commerce;
  Reduced from 120 to 90 days a determination for remote sensing 
applications;
  Remote sensing applications cannot be denied if a product will be 
commercially available within 3 years;
  Enhanced deadline enforcement for remote sensing applications;
  Included a low-Earth orbit commercialization program authorized at 
the House Science, Space, and Technology Committee's NASA 
reauthorization level of $150 million.
  This bill contains some improvements over current commercial space 
law, but many bold reforms in the American Space Commerce Free 
Enterprise Act, which passed the House unanimously, were not included 
in this package.
  We have not done enough to encourage commercial space activity, which 
has the potential to transform research, development, discovery, and 
access to space.
  While remote sensing reform is marginally improved over current law 
in the original version of the Space Frontier Act, it doesn't go far 
enough. We set out to change how we think about remote sensing, a 
growing, constantly advancing, and increasingly commonplace industry 
that should be free to act unless there is a good reason to prevent 
that. Instead, this bill only tinkers around the edge of a three-decade 
out-of-date law.
  This legislation will keep the government in strict control of 
American companies' space access and actions, discouraging businesses, 
and damaging American competitiveness and leadership in space.
  Meanwhile, other countries are encouraging technology development in 
an effort to overtake us and grab market share from American companies. 
This represents a missed opportunity for American businesses that is 
being stifled by parochial government interests.
  In the bill before us, there is still room for government employees 
to ignore the deadline enforcement mechanisms and drag out decisions 
indefinitely. The bill also doesn't guarantee that remote sensing 
companies will be given all relevant information explaining why their 
applications were not approved.
  There is also less of an assumption of approval for a remote sensing 
license application than was included in my bill. Who knows what 
capability will be quashed because we didn't fully empower private 
industry. Congress must remain vigilant in its oversight of remote 
sensing licensing, and any abuse of the approval process should be 
challenged.
  My biggest disappointment is that this bill does not establish a 
self-certification regime for private space missions. American space 
companies are moving overseas because current laws here don't enable 
them to conduct business.
  The House-passed bill intentionally made it easier to approve private 
space missions. Regrettably, the Senate killed these provisions.
  The Bureau of Space Commerce created in this bill needs to use its 
authority to the maximum extent possible to

[[Page H10567]]

promote, support, and approve private space missions.
  Mr. Speaker, there is much work left to be done to bolster American 
competitiveness and foster innovation, and I hope Congress will act 
next year to continue our leadership in space.
  With this hope and expectation, I support this bill, and I reserve 
the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I rise in reluctant support of S. 3277, the Space 
Frontier Act of 2019.
  I say ``reluctant'' because the process that brought us to this point 
is extremely disappointing. Many of the provisions of this bill have 
not been seriously vetted by the Science, Space, and Technology 
Committee. I doubt very much whether they were at all vetted by anyone 
in the Senate. And this bill makes some potentially significant changes 
to space policy in the United States.

                              {time}  1145

  This is no way to legislate.
  However, there are some good things in the bill. I very much 
appreciate that the end date for the International Space Station is 
pushed back to 2030. Now, I don't know if that date is the proper one, 
but I do know that the arbitrary decision made by the Trump 
administration to end the International Space Station by 2024 was 
wrong. As we move into the next Congress, this is something that I hope 
to be looking into.
  I am also glad to see commercial remote sensing language that will 
help the industry grow, while still considering the government's 
legitimate security interests.
  In short, I will be voting for this bill, in part, because I support 
the development of commercial space activities and want them to 
flourish, while still protecting the public interest.
  However, as the presumptive chair of the Science, Space, and 
Technology Committee in the next Congress, I certainly will be 
revisiting some of the other items in the bill. For instance, this bill 
creates a $150 million office at NASA and doesn't specify where the 
money is to come from within NASA, or provide any real specifics to how 
it will be spent.
  I would also note that NASA's vital education programs receive less 
money than that, so this is a major new initiative and it is something 
that requires review.
  I could go on, but, unfortunately, it is clear that there is not 
going to be time today for a thoughtful discussion of any concerns with 
the bill or any opportunity to address them. That will have to wait 
until we have a new Congress.
  I plan to submit a longer statement in the Record which will 
highlight some of my concerns. For now, it is enough to say that I 
support NASA's mission and a robust U.S. space industry and, for that 
reason, I support this bill, in spite of the awful process that got us 
here.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I have no other requests for time on this side, so I am prepared to 
yield back if the gentlewoman from Texas is prepared to yield back.
  Before I do, I just want to thank the ranking member of the Science, 
Space, and Technology Committee, Eddie Bernice Johnson of Texas, who 
is, obviously, a Texas colleague and a longtime friend, for all of her 
good work on the Science, Space, and Technology Committee while I have 
been chairman of that committee. She has been instrumental in our 
taking to the House floor and having passed on the House floor 35 
bills. Of those 35 bills, 33 have been bipartisan, and that is largely 
due to her contributions and her efforts to try to make those bills 
bipartisan.
  So I do appreciate having worked with her for the last 6 years. I 
wish her well next year, and I want to congratulate her on being the 
next chairman of the Science, Space, and Technology Committee.
  Mr. Speaker, I reserve the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I have no further 
requests for time. But I would like to say, on behalf of my retiring 
chair, that it has been a challenge. I have learned a lot. I respect 
and like him. I wish him well for his future, and I hope that he will 
visit us now and then to see that we will have a little bit of a change 
in the committee.
  I hope that we will pass this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Smith) that the House suspend the rules and 
pass the bill, S. 3277.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MASSIE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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