[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.
____________________