[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Page S3299]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1896. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

       After section 2645, insert the following:

     SEC. 2645A. ESTABLISHMENT OF COMMERCIAL SMALLSAT DATA 
                   PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) Section 60501 of title 51, United States Code, states 
     that the goal of the Administration's Earth science program 
     is ``to pursue a program of Earth observations, research, and 
     applications activities to better understand the Earth, how 
     it supports life, and how human activities affect its ability 
     to do so in the future''.
       (2) Section 50115 title 51, United States Code, directs the 
     Administrator to acquire space-based and airborne Earth 
     remote sensing data, services, distribution, and applications 
     from a commercial provider.
       (3) In 2019, the Administrator established the Commercial 
     SmallSat Data Acquisition Pilot Program to identify, 
     evaluate, and acquire data from commercial sources that 
     support NASA's Earth science research and application goals, 
     and NASA has--
       (A) determined, in its 2020 final evaluation entitled 
     ``Commercial SmallSat Data Acquisition Program Pilot 
     Evaluation Report'', that the program has been a success;
       (B) expanded its procurement arrangements with commercial 
     vendors to provide Earth remote sensing data and imagery to 
     NASA-funded scientists; and
       (C) sought to increase the number of commercial vendors, 
     expand acquisition of commercial data products, and broaden 
     user access despite a lack of corresponding growth in the 
     program's budget.
       (b) Establishment of Commercial SmallSat Data Program.--
       (1) In general.--Chapter 603 of title 51, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 60307. Commercial SmallSat Data program

       ``(a) Establishment.--Not later than 90 days after the date 
     of the enactment of this section, the Administrator shall 
     establish within the Earth Science Division of the Science 
     Mission Directorate a program, to be known as the `Commercial 
     SmallSat Data Program' (referred to in this section as the 
     `Program'), to procure and disseminate commercial Earth 
     observation data and imagery.
       ``(b) Data Publication and Transparency.--The terms and 
     conditions of commercial remote sensing data acquisitions 
     under the Program may not prevent the publication of--
       ``(1) data for scientific purposes; or
       ``(2) information that enhances the original data of a 
     vendor.
       ``(c) Funding.--The Administrator may obligate such sums as 
     necessary--
       ``(1) to procure from commercial vendors the remote sensing 
     data and imagery necessary to advance NASA scientific 
     research and applications; and
       ``(2) to establish or modify end-use license terms and 
     conditions to allow individuals other than NASA-funded users 
     to use such procured data and imagery.
       ``(d) Report.--Not later than 180 days after the date of 
     the enactment of this section, and annually thereafter, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report that includes the following:
       ``(1) A list of all vendors that provide remote sensing 
     data and imagery to NASA.
       ``(2) The end-use license terms and conditions for each 
     such vendor.
       ``(3) A description of the manner in which each such vendor 
     is advancing scientific research and applications, including 
     the priorities recommended in the decadal surveys of the 
     National Academies of Sciences, Engineering, and Medicine.
       ``(4) A determination as to whether the Administrator has 
     entered into any agreement with a commercial vendor or any 
     other civilian agency that permits the use of data and 
     imagery by Federal Government employees, contractors, or non-
     Federal users.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 603 of title 51, United States Code, is amended by 
     inserting after the item relating to section 60306 the 
     following:
``60307. Commercial SmallSat Data program.''.
                                 ______