[Senate Report 115-397]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 686
115th Congress     }                         {                 Report
                                 SENATE
 2d Session        }                         {                 115-397
_______________________________________________________________________

                                     
                                                                                                          

                                                       

                       SPACE FRONTIER ACT OF 2018

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3277
                                
                                
                                
                                
                                
                                

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]








               November 29, 2018.--Ordered to be printed
                                   ______

                      U.S. GOVERNMENT PUBLISHING OFFICE 

89-010                        WASHINGTON : 2018





               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred fifteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi         BILL NELSON, Florida
ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada                  TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma            GARY C. PETERS, Michigan
MIKE LEE, Utah                       TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin               TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia  MARGARETWOODHASSAN,NewHampshire
CORY GARDNER, Colorado               CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana               JON TESTER, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director








                                                     Calendar No. 686
115th Congress       }                        {               Report
                                 SENATE
 2d Session          }                        {               115-397

======================================================================



 
                       SPACE FRONTIER ACT OF 2018

                                _______
                                

               November 29, 2018.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3277]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 3277) to reduce regulatory 
burdens and streamline processes related to commercial space 
activities, and for other purposes, having considered the same, 
reports favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 3277, the Space Frontier Act of 2018, is 
to reduce regulatory burdens and streamline processes related 
to commercial space activities, and for other purposes.

                          Background and Needs


                      COMMERCIAL SPACE LAUNCH ACT

    On January 25, 1984, President Reagan stated in his State 
of the Union address that the market for space transportation 
could surpass the Government's capacity to develop it, and that 
companies interested in putting payloads into space must have 
access to private sector launch services.\1\ President Reagan 
issued Executive Order 12465 that designated the Department of 
Transportation (DOT) to take the lead on encouraging and 
facilitating commercial space activities by the private 
sector.\2\
---------------------------------------------------------------------------
    \1\President Reagan's State of the Union address, January 25, 1984 
(http://www.presidency.ucsb.edu/ws/?pid=40205).
    \2\Executive Order 12465 (https://www.archives.gov/federal-
register/codification/executive-order/12465.html).
---------------------------------------------------------------------------
    Soon thereafter, Congress passed the Commercial Space 
Launch Act in 1984 (CSLA),\3\ which designates the DOT to 
oversee commercial space activities, issue launch licenses for 
such activities, and encourage the commercialization of space 
by the private sector. In addition to codifying the DOT's role 
and laying out the licensure process to ensure the safety of 
launches, the CSLA provides authority for the Government to 
indemnify launch providers from third-party claims, subject to 
additional appropriations and after a launch provider's 
insurance is exhausted, if an accident occurs. The CSLA has 
been amended several times, most notably in 1988,\4\ 2004,\5\ 
and 2015.\6\
---------------------------------------------------------------------------
    \3\Commercial Space Launch Act (P.L. 98-575) (https://
www.princeton.edu/-ota/disk2/1985/8513/851316.PDF).
    \4\Commercial Space Launch Act Amendments of 1988 (P.L. 100-657) 
(http://www.gpo.gov/fdsys/pkg/STATUTE-102/pdf/STATUTE-102-Pg3900.pdf).
    \5\Commercial Space Launch Amendments Act of 2004 (P.L. 108-492) 
(https://www.faa.gov/about/office_org/headquarters_offices/ast/media/
PL108-492.pdf).
    \6\U.S. Commercial Space Launch Competitiveness Act (P.L. 114-90) 
(https://www.gpo.gov/fdsys/pkg/PLAW-114publ90/pdf/PLAW-114publ90.pdf).
---------------------------------------------------------------------------

            U.S. COMMERCIAL SPACE LAUNCH COMPETITIVENESS ACT

    The U.S. Commercial Space Launch Competitiveness Act 
(CSLCA) was enacted in November 2015. The CSLCA includes 
several provisions that provide necessary updates to the CSLA 
to ensure stability for the continued development of a growing 
U.S. commercial space industry. For example, the CSLCA extends 
the existing liability indemnification regime for the 
commercial space transportation industry through September 30, 
2025. The CSLCA also extends the existing industry learning 
period for human spaceflight (i.e., a regulatory moratorium to 
allow the industry time to mature before additional regulations 
can be imposed) through October 1, 2023. Other notable 
provisions include the following: extending of the 
International Space Station (ISS) until 2024; defining 
Government Astronaut; streamlining the Federal Aviation 
Administration (FAA) launch licensure process; clarifying 
asteroid resource and space resource rights; and requiring 
several reports to find solutions on a number of related 
commercial space issues.

                       ROLES OF FEDERAL AGENCIES

    The commercial space industry interfaces with several 
Federal agencies with diverse roles. The Federal regulation of 
commercial launch licensing is primarily the responsibility of 
the DOT, but as companies sell capacity to Government 
customers, they engage the requirements of several Federal 
agencies, including the National Aeronautics and Space 
Administration (NASA) and the Department of Defense (DOD).\7\ 
Other Federal agencies, such as the Department of Commerce 
(DOC) and the Federal Communications Commission (FCC), oversee 
compliance with regulatory functions within those agencies' 
expertise (i.e., Earth imaging satellites and licensure of 
spectrum frequencies, respectively). The CSLCA requires several 
reports to examine whether these roles and responsibilities 
could be consolidated, restructured, or managed more 
efficiently.
---------------------------------------------------------------------------
    \7\ Congressional Research Service, ``Commercial Space Industry 
Launches a New Phase.'' December 2016. (http://www.crs.gov/Reports/
R44708?source=search&guid=de8947bbe5b24 c9f8ca7dbe08f95f87e&index=1)
---------------------------------------------------------------------------
    The Office of Commercial Space Transportation (or AST, 
which is its current internal designation as a component of the 
FAA) was established by the CSLA as part of the Office of the 
Secretary of Transportation. In 1995, the AST was transferred 
to the FAA as a space-only line of business with responsibility 
for licensing commercial space launches in a way that would 
ensure compliance with applicable international obligations of 
the United States, and to protect public health and safety, and 
the national security and foreign policy interests of the 
United States.\8\ In furtherance of this mission, the AST 
issues licenses and permits for commercial launch and reentry 
activities within the United States or as carried out by U.S. 
citizens in other countries, as well as the operation of launch 
and reentry sites within the United States. By contrast, while 
NASA has funded some development of commercial space vehicles, 
it does not act as a regulatory agency with respect to 
commercial space launch activities.
---------------------------------------------------------------------------
    \8\51 U.S.C.50901.
---------------------------------------------------------------------------
    The DOC oversees the Office of Space Commerce, which 
promotes the U.S. commercial space industry's economic growth 
and technological advancement, and focuses on various sectors 
of the space commerce industry, including satellite navigation 
and various entrepreneurial activities.\9\ The DOC (through the 
National Oceanic and Atmospheric Administration) is also 
responsible for licensing commercial remote sensing activities 
(e.g., for imaging satellites). An increase in commercial 
remote sensing license applications (a result of a quickly 
maturing industry) has led to lengthy delays with processing 
such licenses. Applications frequently get stuck in an 
ineffective interagency consultation process, which has in turn 
caused the DOC to often fail to meet its statutory requirement 
to act within 120 days on Earth observation satellite license 
applications.
---------------------------------------------------------------------------
    \9\Department of Commerce, Office of Space Commerce (http://
www.space.commerce.gov/about/mission/).
---------------------------------------------------------------------------

                         THE OUTER SPACE TREATY

    The Treaty on Principles Governing the Activities of States 
in the Exploration and Use of Outer Space, Including the Moon 
and Other Celestial Bodies, also known as the Outer Space 
Treaty (Treaty),\10\ celebrated its 50th anniversary in 2017. 
The United States signed the Treaty on January 27, 1967. The 
purpose of the Treaty is to establish general principles for 
the peaceful exploration and use of outer space, including the 
Moon and other celestial bodies, but it grants State Parties 
significant discretion as to the implementation of its 
obligations. There has been ongoing debate about how various 
articles of the Treaty should be interpreted regarding U.S. 
compliance with international obligations. Specifically, as 
innovative, non-traditional commercial space activity grows, 
including satellite servicing, space resources mining, 
commercial habitats, on-orbit manufacturing, and lunar 
exploration and development, there is much discussion on 
Article VI of the Treaty, which requires governments to 
authorize and continually supervise the activities of 
nongovernmental entities.\11\ At the time the Treaty was 
drafted, most activities in space were conceived of as only 
State actions. Yet, under Article VI of the Treaty, 
nongovernmental space activities are permitted, and each State 
Party to the Treaty is responsible for authorization and 
continuing supervision of all of its national space activities, 
including those of both governmental and nongovernmental 
entities.
---------------------------------------------------------------------------
    \10\The Treaty on Principles Governing the Activities of States in 
the Exploration and Use of Outer Space, Including the Moon and Other 
Celestial Bodies, signed at Washington, London, Moscow January 27, 1967 
(18 U.S.T. 2410).
    \11\Article VI of Outer Space Treaty available at (https://
www.state.gov/t/isn/5181.htm#treaty)
---------------------------------------------------------------------------

                        SPACE POLICY DIRECTIVE-2

    On May 24, 2018, President Trump signed Space Policy 
Directive-2 (SPD-2), Streamlining Regulations on Commercial Use 
of Space.\12\ SPD-2 sets forth Executive branch policy on 
commercial space regulations. SPD-2 directs the DOT to update 
its regulatory system for managing launch and reentry activity 
and replace prescriptive requirements with performance-based 
criteria; requires the DOC to review and streamline commercial 
remote sensing regulations and create a ``one-stop shop'' for 
administering and regulating commercial space flight 
activities; requires Federal agencies to report on improving 
U.S. global competitiveness through space radio frequency 
spectrum policies, regulation, and activities at the 
International Telecommunication Union and other multilateral 
forums; and requires the National Space Council\13\ to review 
export licensing regulations affecting commercial space flight 
activity and deliver recommendations to the President.
---------------------------------------------------------------------------
    \12\The White House, Space Policy Directive	2, Streamlining 
Regulations on Commercial Use of Space (https://www.whitehouse.gov/
presidential-actions/space-policy-directive-2-streamlining-regulations-
commercial-use-space/).
    \13\The National Space Council is a body within the Executive 
Office of the President of the United States that is tasked with 
advising and assisting the President regarding national space policy 
and strategy.
---------------------------------------------------------------------------

                         Summary of Provisions

    S. 3277 would build upon the CSLCA by streamlining and 
reforming the regulatory framework for commercial space launch 
and nongovernmental Earth observation operations. The intent of 
this measure is to provide stability and clarity to the 
commercial space sector in order to promote the industry and 
maintain U.S. leadership in space.
    If enacted, S. 3277 would do the following:
     Streamline launch and reentry regulations at the 
            DOT by requiring the DOT to issue a notice of 
            proposed rulemaking, by February 1, 2019, creating 
            technology-neutral performance requirements that 
            apply to both expendable and reusable launch and 
            reentry vehicles.
     Repeal the existing legal framework for 
            nongovernmental Earth observation regulations 
            (formerly commercial remote sensing) and create a 
            new, more transparent framework at the DOC that 
            would focus on managing risk to national security, 
            preventing harmful interference to other space 
            activities, and promoting the leadership, 
            industrial innovation, and international 
            competitiveness of the United States.
     Authorize the DOT, in the absence of comprehensive 
            regulatory reform, to continue to use the launch 
            and reentry payload review process to authorize 
            nongovernmental space activities that are related 
            to an application for launch or reentry, but not 
            subject to authorization under other Federal law.
     Change the reporting structure at the AST by 
            creating a new position of Assistant Secretary for 
            Commercial Space Transportation at the DOT, who 
            also shall serve as the Associate Administrator for 
            Commercial Space Transportation at the FAA.
     Extend authorization for full and complete 
            utilization of the ISS through at least 2030 
            (current law states 2024) and support maintaining a 
            National Laboratory in space to benefit the 
            scientific community and promote space commerce.
     Direct NASA to designate an official at each NASA 
            Center to serve as an advocate for small business 
            and provide guidance to small businesses on how to 
            participate in public-private opportunities with 
            NASA.
     Broaden public-private partnership opportunities 
            by allowing NASA to accept in-kind contributions 
            toward certain types of property lease payments 
            related to space sector infrastructure development 
            and by extending NASA's enhanced use lease 
            authority.

                          Legislative History

    S. 3277 was introduced on July 25, 2018, by Senator Cruz 
(for himself and Senators Nelson and Markey) and was referred 
to the Committee on Commerce, Science, and Transportation of 
the Senate. On August 1, 2018, the Committee met in open 
Executive Session and, by voice vote, ordered S. 3277 reported 
favorably with an amendment (in the nature of a substitute).
    The Subcommittee on Space, Science, and Competitiveness has 
held three hearings in the 115th Congress examining key issues 
addressed in the legislation as follows:
     Reopening the American Frontier: Reducing 
            Regulatory Barriers and Expanding American Free 
            Enterprise in Space (April 26, 2017).
     Reopening the American Frontier: Exploring How the 
            Outer Space Treaty Will Impact American Commerce 
            and Settlement in Space (May 23, 2017).
     Reopening the American Frontier: Promoting 
            Partnerships Between Commercial Space and the U.S. 
            Government to Advance Exploration and Settlement 
            (July 13, 2017).

                          RELATED LEGISLATION

    On June 7, 2017, similar legislation to S. 3277, H.R. 2809, 
the American Space Commerce Free Enterprise Act, was introduced 
by Representative Smith of Texas (for himself and 
Representatives Babin, Bridenstine, Perlmutter, Rohrabacher, 
Hultgren, Weber, Higgins, and Kilmer). Representatives Lamborn, 
Dunn, Calvert, Coffman, Soto, McCarthy, and Bera are also 
cosponsors of that bill. The purpose of that bill is to provide 
for the authorization and supervision of nongovernmental space 
activities by expanding the authorities of the Office of Space 
Commerce within the DOC to include supervision of commercial 
space activity. That bill was referred to the Committee on 
Science, Space, and Technology of the House of Representatives, 
which marked up that bill on June 8, 2017. On April 24, 2018, 
that bill was reported and immediately placed on the House of 
Representatives calendar, and on a motion to suspend the rules, 
H.R. 2809 passed in the House of Representatives via voice 
vote.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 3277--Space Frontier Act of 2018

    Summary: S. 3277 would direct the Department of 
Transportation (DOT) and the National Oceanic and Atmospheric 
Administration (NOAA) to streamline the permitting processes 
for commercial space transportation and commercial activities 
for observing the earth. The bill also would require the 
National Aeronautics and Space Administration (NASA) to 
continue operations of the International Space Station (ISS) 
through 2030. CBO estimates that implementing S. 3277 would 
cost $34 million over the 2019-2023 period, assuming 
appropriation of the necessary amounts.
    Enacting S. 3277 would affect direct spending by extending 
NASA's authority to enter into enhanced-use lease agreements; 
therefore, pay-as-you-go procedures apply. CBO expects NASA 
would use that extension to enter into agreements with third 
parties to construct and renovate energy production, launch, 
and other specialized facilities. CBO estimates that enacting 
the bill would increase direct spending by $30 million over the 
2019-2028 period. The bill would not affect revenues.
    CBO estimates that enacting S. 3277 would not increase net 
direct spending by more than $2.5 billion or on-budget deficits 
by more than $5 billion in any of the four consecutive 10-year 
periods beginning in 2029.
    S. 3277 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA). CBO estimates that the total cost of complying with the 
mandates would fall well below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($80 million and $160 million in 2018, respectively, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 3277 is shown in the following table. 
The costs of the legislation fall within budget functions 250 
(general science, space, and technology), 300 (natural 
resources and environment), and 400 (transportation).

----------------------------------------------------------------------------------------------------------------
                                                                By fiscal year, in millions of dollars--
                                                      ----------------------------------------------------------
                                                        2018    2019    2020    2021    2022    2023   2019-2023
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Regulation of Commercial Space Transportation:
    Estimated Authorization Level....................       0       6       6       6       6       7        31
    Estimated Outlays................................       0       4       6       6       6       7        29
Regulation of Earth Observation Activities:
    Estimated Authorization Level....................       0       1       1       1       1       1         5
    Estimated Outlays................................       0       1       1       1       1       1         5
    Total:
        Estimated Authorization Level................       0       7       7       7       7       8        36
        Estimated Outlays............................       0       5       7       7       7       8        34
 
                                          INCREASES IN DIRECT SPENDING
 
Estimated Budget Authority...........................       0       1       2       3       4       4         4
Estimated Outlaysa...................................       0       *       1       2       3       3         9
----------------------------------------------------------------------------------------------------------------
* = less than $500,000
a. CBO estimates that enacting S. 3277 would increase direct spending by $30 million over the 2019-2028 period

    Basis of estimate: For this estimate, CBO assumes that S. 
3277 will be enacted in 2019 and that the necessary amounts 
will be appropriated each year. Estimated outlays are based on 
historical spending patterns for the affected activities.

Spending subject to appropriation

    In total, CBO estimates that implementing the bill would 
cost $34 million over the 2019-2023 period.
    Regulation of Commercial Space Transportation. DOT 
regulates activities related to commercial space transportation 
by issuing permits and licenses to entities that launch or 
reenter commercial space vehicles or that operate related 
facilities and by overseeing the safety of those activities.
    Title I would require DOT to streamline and expedite those 
regulatory activities. In particular, the bill would reduce, 
from 180 days to 90 days, the timeframe for reviewing 
applications for permits or licenses submitted by existing 
permittees or licensees. The bill also would direct DOT to 
issue, by February 1, 2019, a draft rule to revise existing 
regulations and to establish, in consultation with the 
Department of Defense and NASA, a streamlined regulatory regime 
for commercial space transportation. Title I also would specify 
a variety of administrative and reporting requirements.
    Using information from the DOT, CBO estimates that 
implementing title I would cost $29 million over the 2019-2023 
period, primarily for additional staff and computer systems 
that would be needed to meet the bill's requirement to complete 
reviews of certain applications for permits and licenses in 
half the amount of time currently allowed. That estimate 
reflects an annual increase of about 25 percent over the amount 
of funding provided in 2018 for those purposes ($22 million, 
which supports about 100 full time staff).
    Regulation of Earth Observation Activities. Title II would 
change how NOAA oversees the licensing of private entities that 
collect data from space to be processed into imagery of the 
earth. The bill would add technical requirements to the 
licensing process, shorten the timeline for NOAA's license 
review, and require NOAA to notify the Congress within one 
business day if it fails to respond to a license applicant 
within 120 days. NOAA also would be required to promulgate new 
regulations to implement those changes.
    Using information from NOAA and because of the expedited 
timeline and technical nature of the licensing review process 
under the bill, CBO expects NOAA would need four new employees 
with specialized technical capabilities to implement title II 
as well as additional resources to promulgate the required 
regulations. Those employees would help meet the expedited 
timeline under the bill for processing license applications and 
the requirement for more technical reviews of those 
applications. Therefore, CBO estimates that implementing title 
II would cost $1 million a year, or $5 million over the 2019-
2023 period. In 2018, NOAA allocated about $1 million to such 
licensing activities.
    Other Costs. Title III would direct NASA to conduct various 
activities to promote public-private partnership opportunities 
with small businesses. Using information on existing activities 
under the agency's Office of Small Business Programs, and based 
on the costs of similar tasks, CBO estimates implementing that 
provision would cost less than $500,000 over the 2019-2023 
period.
    Current law requires NASA to operate the International 
Space Station through 2024. The bill would extend that 
authorization through 2030. Based on the costs to operate the 
ISS in recent years, CBO estimates that continuing those 
operations would cost about $4 billion annually beyond 2024, 
assuming the appropriation of the necessary amounts.

Direct spending

    Current law authorizes NASA to lease its underused property 
to nonfederal entities and to retain and spend any payments 
from those lease agreements for property maintenance and 
capital improvements without further appropriation. The 
authority for NASA to enter into such enhanced-use lease (EUL) 
agreements expires on December 31, 2018. S. 3277 would extend 
that authority through December 31, 2020. The bill also would 
permit NASA to accept in-kind consideration under EUL 
agreements in the form of industrial infrastructure and 
business facilities for civil space and national security 
purposes. (Under current law, NASA's authority to accept in-
kind consideration is limited to facilities for producing 
renewable energy.)
    In the past, NASA has used its EUL authority to lease out 
buildings and land for nonfederal purposes-for example, 
providing office space to entities with educational or research 
missions. In some cases, NASA has allowed limited reuse or 
redevelopment of those properties; those arrangements result in 
no significant net costs to the agency.\1\ CBO expects that 
some of the EUL agreements NASA would enter into over the 2019-
2020 period would be similar in nature to those previous 
transactions. Based on NASA's leasing activity in recent years, 
CBO estimates that the agency would enter into eight additional 
EUL agreements over the 2019-2020 period with average annual 
payments to the federal government totaling $225,000 per lease. 
CBO expects that those lease payments, which would be recorded 
in the budget as reductions in direct spending, would be offset 
by an expenditure soon thereafter, so that there would be no 
net effect on the deficit.
---------------------------------------------------------------------------
    \1\More information on NASA's current lease agreements is included 
in National Aeronautics and Space Administration, Report on NASA's 
Enhanced Use Leasing for Fiscal Year 2017 (May 2018).
---------------------------------------------------------------------------
    In addition, CBO expects that some of those agreements 
would contain terms for third parties to construct and renovate 
energy production, launch, and other specialized facilities.\2\ 
While NASA could use other authorities to enter into similar 
agreements with third parties, CBO expects the EUL extension 
and expansion of in-kind consideration under S. 3277 would 
accelerate and increase the likelihood of such transactions. 
CBO also expects that some of those projects would be 
governmental in nature because they would be located on federal 
land and subject to NASA control, and because NASA or other 
federal agencies such as the Department of Defense would be 
major users of the services supported by those facilities. 
Thus, in CBO's view, the costs of developing and constructing 
facilities in that manner are governmental transactions that 
should be recorded in the budget.\3\
---------------------------------------------------------------------------
    \2\NASA recently announced plans to use its EUL authority to enter 
into an agreement with SpaceX to construct launch support facilities. 
For more information, see National Aeronautics and Space 
Administration, ``NEPA Documents,'' Draft Environmental Assessment for 
Space Exploration Technologies Operations Area on Kennedy Space Center 
(April 11, 2018), https://go usa.gov/xPxpx.
    \3\For more information on the criteria for identifying 
governmental activities, see Congressional Budget Office, How CBO 
Determines Whether to Classify an Activity as Governmental When 
Estimating Its Budgetary Effects (June 2017), www.cbo.gov/publication/
52803.
---------------------------------------------------------------------------
    Based on proposed leasing plans and costs for similar 
facilities, CBO estimates that under EUL agreements that would 
be finalized over the 2019-2020 period, third parties would 
invest a total of about $200 million in energy production, 
launch, and other specialized facilities. The budgetary effects 
of governmental transactions financed by third parties would 
depend on the extent and nature of federal support. In CBO's 
view, transactions supported entirely with equity from private 
entities should have no net effect on the federal budget 
because the cost of those activities would be fully offset by 
income from nonfederal sources.
    However, CBO expects that some of those third parties would 
recover at least a portion of their investments in specialized 
facilities that are used by NASA or other federal agencies 
through contracts with the federal government--for example, to 
launch satellites or other federal payloads into space. In 
addition, based on the experience of NASA and other agencies 
that have the authority to accept certain forms of in-kind 
consideration under EUL agreements, CBO expects that expanding 
allowable in-kind consideration could result in the renovation 
or construction of facilities for exclusive use by the federal 
government. CBO considers such financing on behalf of the 
federal government for government activities to be similar to 
an agency using federal borrowing authority to improve its 
physical infrastructure and treats the costs of such 
transactions as direct spending. As such, the full cost of such 
long-term commitments that obligate the government to make 
payments in future years should be recorded in the budget 
upfront.\4\
---------------------------------------------------------------------------
    \4\For more information on the budgetary treatment of third-party 
financing, see Congressional Budget Office, Third-Party Financing of 
Federal Projects (June 2005), www.cbo.gov/publication/16554.
---------------------------------------------------------------------------
    In 2016, NASA reported a backlog of about $1.6 billion 
worth of maintenance and improvement projects across five 
locations where it currently leases out space.\5\ CBO expects 
that NASA would use its EUL authority to facilitate such 
transactions over the 2019-2020 period. Based on the federal 
government's potential share of benefits from any new projects 
(which CBO estimates would average 30 percent over the lifetime 
of those projects), we estimate that NASA would use the EUL 
authority under S. 3277 to finance the construction of 
facilities valued at about $35 million--equivalent to roughly 
2.5 percent of its maintenance backlog at those locations. 
Based on historical spending patterns for similar activities, 
CBO estimates that direct spending would increase by $30 
million over the 2019-2028 period for those projects.
---------------------------------------------------------------------------
    \5\National Aeronautics and Space Administration, Deferred 
Maintenance Assessment Report FY16 NASA-Wide Standardized Deferred 
Maintenance Parametric Estimate (September 30, 2016), https://
go.usa.gov/xPxd2 (PDF, 1.8 MB).
---------------------------------------------------------------------------

Uncertainty

    CBO aims to produce estimates that generally reflect the 
middle of a range of the most likely budgetary outcomes that 
would result if the legislation was enacted.
    For legislation that would direct agencies to carry out 
certain activities, CBO's estimate of spending subject to 
appropriation is based on costs and historical spending 
patterns for similar activities. CBO cannot foresee with 
certainty the amount of additional resources DOT, NOAA, and 
NASA would require to modify and expand existing activities 
under the bill. CBO also cannot predict potential shifts in 
NASA's projects, priorities, and timelines or major 
infrastructure needs for the ISS that may affect the amount and 
pace of future spending for ISS operations.
    In addition, if enacted, direct spending under S. 3277 
could be higher or lower than CBO's estimate because of the 
following three sources of uncertainty.
     First, CBO cannot precisely predict the extent to 
which the agency would use the EUL extension under S. 3277 
instead of its other alternative financing and leasing 
authorities to facilitate the construction of specialized 
facilities. In such cases, CBO has adopted a convention of 
assuming a 50 percent chance of an agency using its discretion 
under the bill.
     Second, CBO cannot foresee with certainty the 
value of third parties' investments in such facilities. 
Generally, investments of higher value would increase the 
potential for direct spending.
     Finally, CBO cannot predict with certainty whether 
or how the federal government would use facilities constructed 
by third parties under EUL agreements. If the federal 
government is the primary user of the services provided by 
those facilities, and thus, serves as the main source from 
which third parties recover their investments, the government's 
share of indirect financing for and benefits from those 
projects would be higher, resulting in greater direct spending. 
However, if the federal government makes little or no use of 
the services provided by such facilities, the resulting net 
effect on direct spending could be insignificant or negligible. 
CBO expects that expanding NASA's authority to accept in-kind 
consideration could increase the potential for projects where 
the government is a primary or exclusive user.
    Because of those uncertainties, the budgetary effects of 
enacting S. 3277 could differ significantly from those provided 
in CBO's cost estimate.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

  CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3277, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON AUGUST 1,
                                                                          2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2018   2019   2020   2021   2022   2023   2024   2025   2025   2027   2028  2018-2023  2018-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact.......................      0      0      1      2      3      3      4      4      4      4      5         9         30
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: CBO 
estimates that enacting S. 3277 would not increase net direct 
spending by more than $2.5 billion or on-budget deficits by 
more than $5 billion in any of the four consecutive 10-year 
periods beginning in 2029.
    Mandates: S. 3277 would impose intergovernmental and 
private-sector mandates, as defined in UMRA. The bill would 
require entities that launch and operate earth observation 
satellites to submit technical information about their 
satellites, including plans to mitigate orbital debris, to NOAA 
when applying for licenses. The requirements would affect both 
private space companies, such as Space X, as well as public 
entities, such as universities that conduct research. Using 
information from NOAA and companies in the space industry about 
the costs of complying with current regulations, CBO estimates 
that the incremental cost of complying with the mandates in the 
bill in total would fall well below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($80 million and $160 million in 2018, respectively, 
adjusted annually for inflation).
    Previous CBO Estimate: On September 7, 2018, CBO 
transmitted a cost estimate for H.R. 5503, the National 
Aeronautics and Space Administration Authorization Act of 2018, 
as ordered reported by the House Committee on Science, Space, 
and Technology on April 13, 2018. CBO estimates that 
implementing H.R. 5503 would increase direct spending by $25 
million over the 2019-2028 period and spending subject to 
appropriation by $21.1 billion over the 2019-2023 period. H.R. 
5503 would authorize the appropriation of funds in 2019 for 
NASA activities. Both bills would extend NASA's authority to 
enter into EUL agreements; however, S. 3277 also would expand 
NASA's authority to accept in-kind consideration under such 
agreements. CBO estimates that provision would increase the 
potential for direct spending; accordingly, the estimates of 
direct spending under the two pieces of legislation differ.
    Estimate prepared by: Federal Costs: Janani Shankaran 
(National Aeronautics and Space Administration), Megan Carroll 
(Department of Transportation), Robert Reese (National Oceanic 
and Atmospheric Administration); Mandates: Jon Sperl.
    Estimate Reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; Susan Willie, Chief, 
Public and Private Mandates; H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis; Theresa Gullo, 
Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    The bill would cover a person that applies for a commercial 
space launch or reentry license or experimental permit with the 
DOT; a person that applies for a license to conduct 
nongovernmental Earth observation activities with the DOC; and 
a person interested in conducting nongovernmental space 
activities that are related to an application for a license or 
permit with the DOT, but are not subject to authorization under 
other Federal law. Most all of these persons are already 
subject to governmental regulations of some type in relation to 
the covered activities.

                            economic impact

    The bill is intended to have a positive economic impact 
with respect to the commercial space launch and reentry sector, 
the nongovernmental Earth observation sector, and the emerging 
nongovernmental space activity sector. Specifically, this bill 
is intended to streamline and reduce the requirements and time 
necessary for an applicant to obtain a launch or reentry 
license or experimental permit from the DOT, a license to 
conduct nongovernmental Earth observation activities from the 
DOC, or authorization to conduct a nongovernmental space 
activity. By updating and reforming these processes, the intent 
of this bill is to provide clarity and stability to the 
commercial space sector and to promote the industry.

                                privacy

    The bill would not impact the personal privacy of 
individuals since the bill affects private companies and the 
Federal Government.

                               paperwork

    The bill is intended to decrease the amount of paperwork 
requirements for the following: applicants for commercial space 
launch or reentry licenses or experimental permits with the 
DOT; applicants who apply for licenses to conduct 
nongovernmental Earth observation activities with the DOC; and 
private companies interested in conducting nongovernmental 
space activities that are related to applications for licenses 
or permits with the DOT and are not subject to authorization 
under other Federal law. Under the bill, the regulatory regime 
for commercial space launch activities and nongovernmental 
Earth observation activities would be updated and streamlined, 
thus reducing the amount of paperwork required by applicants 
for licenses.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title; table of contents.

    This section would provide that the bill may be cited as 
the ``Space Frontier Act of 2018.'' This section also would 
provide a table of contents for the bill.

Section 2. Definitions.

    This section would provide definitions for key terms used 
throughout the legislation.

    TITLE I--STREAMLINING OVERSIGHT OF LAUNCH AND REENTRY ACTIVITIES

Section 101. Oversight of nongovernmental space activities.

    This section would state that it is the policy of the 
United States to provide oversight and continuing supervision 
of nongovernmental space activities in a manner that encourages 
the fullest commercial use of space. Further, this section 
would state that it is the sense of Congress that it is in the 
national interest of the United States to have increased 
activity and new applications of technology that could help 
grow the space economy, to promote nongovernmental activities 
and supervise those activities through light-touch regulation, 
and to conduct these activities in a manner that fully protects 
U.S. national security assets, NASA human spaceflight and 
exploration systems, U.S. Government satellites, and other 
Federal assets that serve the public interest.

Section 102. Office of Commercial Space Transportation.

    This section would create the position of Assistant 
Secretary for Commercial Space Transportation at the DOT, who 
also would serve as the Associate Administrator for Commercial 
Space Transportation at the FAA. The Assistant Secretary for 
Commercial Space Transportation would report directly to the 
Secretary of Transportation. This would ensure that the 
Secretary of Transportation has a clear connection to the 
Office of Commercial Space Transportation and can prioritize 
the needs of that office appropriately. While it is the 
Committee's intent to elevate the visibility and importance of 
commercial space functions within the DOT, the Committee notes 
that, beyond the establishment of the new Assistant Secretary 
position, the section places no additional requirements on the 
Secretary of Transportation pertaining to the organization of 
commercial space functions within the DOT.

Section 103. Use of existing authorities.

    This section would direct the DOT to use all existing 
authorities, including waivers and safety approvals, to promote 
the efficient use of resources and reduce the regulatory burden 
for commercial space launch or reentry license or experimental 
permit applicants while still prioritizing public health and 
safety. The Committee notes that in some instances the use of 
such authorities may reduce risks to public health and safety 
and directs the Secretary of Transportation to expedite 
approvals in those instances. The Committee encourages the DOT 
to make use of other existing tools, such as FAA Guidance or 
Advisory Circulars, if those tools would further reduce the 
regulatory burden for commercial space launch or reentry 
license or experimental permit applicants. While the Committee 
is committed to comprehensive regulatory reform, in the 
interim, this section would provide assurance for the 
commercial space sector by providing for the DOT to continue to 
use the launch and reentry payload review process to authorize 
nongovernmental space activities that are related to an 
application for a license or permit under chapter 509 of title 
51, United States Code, and are not subject to authorization 
under other Federal law. It is not the Committee's intent with 
this section to broaden the DOT's authority; rather, the 
Committee encourages the Secretary of Transportation to 
continue the existing practice of using the payload review 
process to coordinate an intergovernmental review of proposed 
commercial space activities that fall outside other 
authorization regimes. The Committee notes that this approach, 
while likely not a permanent solution to the issue of providing 
authorization and supervision of nongovernmental activities in 
space, has been successful in past cases and should continue to 
provide at least one avenue for U.S. Government approval of 
nongovernmental space activities while Congress and the 
administration continue to evaluate the need for any expansion 
of agency authorities.
    Additionally, this section would reduce the period of time 
the DOT has to issue a license for previously licensed or 
currently licensed applicants from 180 days to 90 days. The 
existing period of 180 days would continue to apply for an 
applicant who does not currently hold a license or has never 
held one.
    This section also would define ``nongovernmental space 
activity'' as a space activity conducted by a person other than 
an employee of the U.S. Government or a Government contractor 
or subcontractor performing the space activity for the 
Government. Finally, this section would make improvements to 
the process for issuing safety approvals and would allow for 
the DOT to issue a single license or permit for an operator to 
conduct launch and reentry activities at multiple launch or 
reentry sites.

Section 104. Experimental permits.

    This section would direct the DOT to use all existing 
authorities, including waivers and safety approvals, to 
expedite the processing of licensing approvals for experimental 
and reentry launch permits while still prioritizing public 
health and safety.

Section 105. Space-related advisory rulemaking committees.

    This section would state that the Federal Advisory 
Committee Act does not apply to such space-related rulemaking 
committees under the DOT's jurisdiction as the Secretary of 
Transportation designates. This would provide the same 
flexibility to space-related rulemaking committees that 
aviation rulemaking committees have, which may expedite 
rulemakings for which there is stakeholder consensus.

Section 106. Government-developed space technology.

    This section would strike conflicting language in law 
stating that the DOT must encourage the use of Government-
developed space technology in its promotion of the U.S. private 
sector to provide launch vehicles, reentry vehicles, and 
associated services. The Committee recognizes that the DOT 
cannot establish technology-neutral launch and reentry 
regulations while, at the same time, promoting the use of 
Government-developed space technology. This section would 
express that the appropriate role of the Government is to 
facilitate the use of Government-developed space technology by 
the private sector, but not penalize potential licensees who 
choose not to utilize Government-developed space technology. It 
is not the intent of the Committee to limit the use of any 
Government-developed space technology.

Section 107. Regulatory reform.

    This section would state that Congress finds that the 
regulatory environment faced by the commercial space launch 
sector has been an impediment to innovation in small-class 
launch technologies, reusable launch and reentry vehicles, and 
other launch and reentry technologies. Further, the section 
would direct the DOT to issue a notice of proposed rulemaking, 
by February 1, 2019, to establish requirements that do the 
following: apply to both expendable and reusable launch and 
reentry vehicles; are neutral with regard to specific launch 
and reentry technologies; protect the safety of the public; 
establish high-level performance requirements and encourage 
industry technical standards that conform to the same; and 
encourage collaboration between the commercial launch and 
reentry sector and the DOT regarding establishment of these 
rules. The Committee notes the rulemaking deadline is 
consistent with ongoing administration efforts to reform launch 
and reentry regulations. The section would require the DOT to 
consult with the DOD, NASA, and appropriate members of the 
commercial space launch and reentry sector when conducting the 
rulemaking. Finally, this section would require the DOT to 
submit a report within 60 days of the date of enactment to the 
appropriate committees of Congress detailing the progress made 
toward the requirements of this section.

Section 108. Secretary of Transportation oversight and coordination of 
        commercial launch and reentry operations.

    This section would direct the DOT to consolidate or modify 
requirements for launch and reentry licensing across all 
Federal agencies into a single application set that satisfies 
those requirements and expedites the coordination of commercial 
launch and reentry services. The Committee remains concerned 
with overlap and duplication of requirements between the DOD 
and FAA for commercial launch operations occurring from Federal 
ranges, despite the direction given in section 1617 of the 
National Defense Authorization Act for Fiscal Year 2016\14\ to 
eliminate such duplicative requirements. The Committee further 
notes that section 1606 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019\15\ prohibits the 
Secretary of Defense from imposing requirements on a launch 
licensee that overlap with or duplicate the requirements of the 
Secretary of Transportation. The Committee understands and 
appreciates the role of the Secretary of Defense in protecting 
the safety and security of defense installations, including 
those that support commercial launch activity, and encourages 
the Secretary of Defense and Secretary of Transportation to 
continue to work diligently to harmonize and consolidate their 
requirements into a single set of non-duplicative requirements 
for launch licensees. This section would also repeal section 
113 of the CSLCA,\16\ which is redundant law.
---------------------------------------------------------------------------
    \14\51 U.S.C. 50918 note.
    \15\P.L. 115-232; 132 Stat. 1636.
    \16\P.L. 114-90; 129 Stat. 704.
---------------------------------------------------------------------------

Section 109. Study on joint use of spaceports.

    This section would direct the DOT, in consultation with the 
DOD, to conduct a study of the current Federal process to 
provide or permit the joint use of U.S. military installations 
for licensed nongovernmental space launch and reentry 
activities, space-related activities, and space transportation 
services by U.S. commercial providers. In conducting this 
study, the DOT would be directed to specifically take into 
account improvements that could be made to the current process, 
means to facilitate the ability for a military installation to 
request that the DOT consider that military installation for 
nongovernmental activities, the feasibility of increasing the 
number of military installations that can provide or permit 
nongovernmental space-related activities, and the importance of 
the use of safety approvals at these sites.

 TITLE II--STREAMLINING OVERSIGHT OF NONGOVERNMENTAL EARTH OBSERVATION 
                               ACTIVITIES

Section 201. Nongovernmental Earth observation activities.

    This section would repeal the existing legal framework for 
nongovernmental Earth observation regulations (formerly private 
remote sensing) and create a new, more transparent, framework 
at DOC that focuses on managing risk to national security, 
preventing harmful interference to other space activities, and 
promoting the leadership, industrial innovation, and 
international competitiveness of the United States. This 
section would direct the DOC to issue or deny a license for 
nongovernmental Earth observation activities with 120 days of 
receipt of a complete application. The section also would 
direct the DOC to submit a copy of any notification of denial 
to the appropriate committees of Congress. Further, this 
section would provide for a streamlined 90-day process for 
other Federal agencies to review applications, as appropriate, 
and would state that non-responsiveness by another Federal 
agency would be treated as that agency's assent to the 
application. Non-concurrence by a Federal agency or department 
would have to be signed by the head of the non-concurring 
agency or department. The Committee notes that the DOC is not 
authorized to overrule another Federal agency or department as 
it pertains to interagency consultations on licensing 
decisions. Rather, if the heads of any two agencies disagree 
over a determination, the disagreement would be adjudicated by 
the President. This section would prohibit the DOC from denying 
an application in order to protect any existing Earth 
observation activity from competition or denying an application 
based solely on the technology's capabilities if those 
capabilities are already commercially available.
    This section also would authorize the DOC to waive 
requirements for a nongovernmental Earth observation activity, 
or for a type or class of nongovernmental Earth observation 
activity, if the DOC decides that granting a waiver is 
consistent with the purposes of the chapter. The Committee 
notes that the definition of ``Earth observation activity'' in 
this chapter would exclude imaging devices intended for 
purposes other than Earth observation, such as cameras on 
launch or reentry vehicles or spacecraft that are intended to 
view separation events or other vehicle functions. This section 
also would direct the DOC to establish standards for 
determining the de minimis Earth observation activities that 
would be eligible for a waiver not later than 120 days after 
the date of enactment of the Act. The Committee intends for the 
Secretary of Transportation to define classes of missions and 
capabilities that pose little risk and therefore could qualify 
for a waiver of some or all requirements under this chapter. 
Examples could include devices only capable of imaging the 
Earth at low resolutions, or certain classes of university or 
student missions.
    Finally, this section would require the DOC to report to 
Congress on the progress in implementing this section, 
including a list of all applications received or pending in the 
previous calendar year, the status of the applications, a list 
of all applications for which the DOC missed relevant 
deadlines, and a description of all actions taken by the 
Secretary of Transportation under the administrative authority 
granted in this section.

                       TITLE III--MISCELLANENOUS

Section 301. Promoting fairness and competitiveness for NASA 
        partnership opportunities.

    This section would state that it is the sense of Congress 
that equitable access to NASA assets and services on a 
reimbursable and noninterference basis is advantageous in 
enabling the U.S. commercial space industry. This section also 
would direct NASA to provide opportunities for the 
participation of small businesses in planning public-private 
partnerships, and within 90 days of the date of enactment, make 
public a list of all NASA assets, services, and capabilities 
that are or will be available for public-private partnership 
opportunities.

Section 302. Lease of non-excess property.

    This section would grant NASA the authority to accept in-
kind consideration toward enhanced use lease payments for the 
purposes of developing space sector industrial infrastructure 
and business facilities that NASA determines would advance 
national security interests or civil space capabilities. 
Currently, NASA may only accept in-kind contributions toward 
leases of NASA property for the purposes of developing 
renewable energy facilities. This section would also extend the 
current sunset date for NASA's authority to enter into enhanced 
use leases from December 31, 2018, to December 31, 2020.

Section 303. Sense of Congress on maintaining a National Laboratory in 
        space.

    This section would state that it is the sense of Congress 
that the ISS benefits the scientific community; promotes 
commerce in space; fosters stronger relationships between NASA, 
other Federal agencies, the private sector, and academia; 
advances science, technology, engineering, and mathematics 
education; and advances human knowledge and international 
cooperation. This section also would express the sense of 
Congress that, after the ISS is decommissioned, the United 
States should maintain a National Laboratory in space, using 
appropriate accommodations for different types of ownership and 
operational structures. This section also would state that NASA 
should continue to support fundamental science research on 
future platforms.

Section 304. Continuation of the ISS.

    This section would amend U.S. policy so that ISS operations 
are supported through 2030.

Section 305. United States policy on orbital debris.

    This section would express the sense of Congress that 
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 that 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. This section would also state that 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 protect the following: public health and safety; 
humans in space; the national security interests of the United 
States; the safety of property; space objects from 
interference; and the foreign policy interests of the United 
States.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                        TITLE 49. TRANSPORTATION


                SUBTITLE I. DEPARTMENT OF TRANSPORTATION

                        CHAPTER 1. ORGANIZATION.

Sec. 102. Department of Transportation

  (a) The Department of Transportation is an executive 
department of the United States Government at the seat of 
Government.
  (b) The head of the Department is the Secretary of 
Transportation. The Secretary is appointed by the President, by 
and with the advice and consent of the Senate.
  (c) The Department has a Deputy Secretary of Transportation 
appointed by the President, by and with the advice and consent 
of the Senate. The Deputy Secretary--
          (1) shall carry out duties and powers prescribed by 
        the Secretary; and
          (2) acts for the Secretary when the Secretary is 
        absent or unable to serve or when the office of 
        Secretary is vacant.
  (d) The Department has an Under Secretary of Transportation 
for Policy appointed by the President, by and with the advice 
and consent of the Senate. The Under Secretary shall provide 
leadership in the development of policy for the Department, 
supervise the policy activities of Assistant Secretaries with 
primary responsibility for aviation, international, and other 
transportation policy development and carry out other powers 
and duties prescribed by the Secretary. The Under Secretary 
acts for the Secretary when the Secretary and the Deputy 
Secretary are absent or unable to serve, or when the offices of 
Secretary and Deputy Secretary are vacant.
  (e) Assistant Secretaries; General Counsel.--
          (1) Appointment.--The Department has [6] 7 Assistant 
        Secretaries and a General Counsel, including--
                  (A) an Assistant Secretary for Aviation and 
                International Affairs, an Assistant Secretary 
                for Governmental Affairs, an Assistant 
                Secretary for Research and Technology, 
                Assistant Secretary for Commercial Space 
                Transportation, and an Assistant Secretary for 
                Transportation Policy, who shall each be 
                appointed by the President, with the advice and 
                consent of the Senate;
                  (B) an Assistant Secretary for Budget and 
                Programs who shall be appointed by the 
                President;
                  (C) an Assistant Secretary for 
                Administration, who shall be appointed by the 
                Secretary, with the approval of the President; 
                and
                  (D) a General Counsel, who shall be appointed 
                by the President, with the advice and consent 
                of the Senate.
          (2) Duties and powers.--The officers set forth in 
        paragraph (1) shall carry out duties and powers 
        prescribed by the Secretary. An Assistant Secretary or 
        the General Counsel, in the order prescribed by the 
        Secretary, acts for the Secretary when the Secretary, 
        Deputy Secretary, and Under Secretary of Transportation 
        for Policy are absent or unable to serve, or when the 
        offices of the Secretary, Deputy Secretary, and Under 
        Secretary of Transportation for Policy are vacant.

           *       *       *       *       *       *       *


           SUBTITLE II. GENERAL PROGRAM AND POLICY PROVISIONS

           CHAPTER 201. NATIONAL AERONAUTICS AND SPACE PROGRAM

            SUBCHAPTER III. GENERAL ADMINISTRATIVE PROVISIONS

Sec. 20145. Lease of non-excess property

  (a) In General.--The Administrator may enter into a lease 
under this section with any person or entity (including another 
department or agency of the Federal Government or an entity of 
a State or local government) with regard to any non-excess real 
property and related personal property under the jurisdiction 
of the Administrator.
  (b) [Cash Consideration] Consideration.--
          (1) Fair market value.--
                  (A) In general.--A person or entity entering 
                into a lease under this section shall provide 
                cash consideration for the lease at fair market 
                value as determined by the Administrator.
                  [(B) Notwithstanding subparagraph (A), the 
                Administrator may accept in-kind consideration 
                for leases entered into for the purpose of 
                developing renewable energy production 
                facilities.]
                  (B) In-kind consideration.--Notwithstanding 
                subparagraph (A), the Administrator may accept 
                in-kind consideration for leases entered into 
                for the purpose of developing--
                          (i) renewable energy production 
                        facilities; and
                          (ii) space sector industrial 
                        infrastructure and business facilities 
                        that the Administrator determines would 
                        advance national security interests or 
                        civil space capabilities.
          (2) Utilization.--
                  (A) In general.--The Administrator may 
                utilize amounts of cash consideration received 
                under this subsection for a lease entered into 
                under this section to cover the full costs to 
                the Administration in connection with the 
                lease. These funds shall remain available until 
                expended.
                  (B) Capital revitalization and 
                improvements.--Of any amounts of cash 
                consideration received under this subsection 
                that are not utilized in accordance with 
                subparagraph (A)--
                          (i) 35 percent shall be deposited in 
                        a capital asset account to be 
                        established by the Administrator, shall 
                        be available for maintenance, capital 
                        revitalization, and improvements of the 
                        real property assets and related 
                        personal property under the 
                        jurisdiction of the Administrator, and 
                        shall remain available until expended; 
                        and
                          (ii) the remaining 65 percent shall 
                        be available to the respective center 
                        or facility of the Administration 
                        engaged in the lease of nonexcess real 
                        property, and shall remain available 
                        until expended for maintenance, capital 
                        revitalization, and improvements of the 
                        real property assets and related 
                        personal property at the respective 
                        center or facility subject to the 
                        concurrence of the Administrator.
                  (C) No utilization for daily operating 
                costs.--Amounts utilized under subparagraph (B) 
                may not be utilized for daily operating costs.
  (c) Additional Terms and Conditions.--The Administrator may 
require such terms and conditions in connection with a lease 
under this section as the Administrator considers appropriate 
to protect the interests of the United States.
  (d) Relationship to Other Lease Authority.--The authority 
under this section to lease property of the Administration is 
in addition to any other authority to lease property of the 
Administration under law.
  (e) Lease Restrictions.--
          (1) No lease back or other contract.--The 
        Administration is not authorized to lease back property 
        under this section during the term of the out-lease or 
        enter into other contracts with the lessee respecting 
        the property.
          (2) Certification that out-lease will not have 
        negative impact on mission.--The Administration is not 
        authorized to enter into an out-lease under this 
        section unless the Administrator certifies that the 
        out-lease will not have a negative impact on the 
        mission of the Administration.
  (f) Reporting Requirements.--The Administrator shall submit 
an annual report by January 31st of each year. The report shall 
include the following:
          (1) Value of arrangements and expenditures of 
        revenues.--Information that identifies and quantifies 
        the value of the arrangements and expenditures of 
        revenues received under this section.
          (2) Availability and use of funds for operating 
        plan.--The availability and use of funds received under 
        this section for the Administration's operating plan.
  (g) Sunset.--The authority to enter into leases under this 
section shall expire [December 31, 2018] December 31, 2020. The 
expiration under this subsection of authority to enter into 
leases under this section shall not affect the validity or term 
of leases or the Administration's retention of proceeds from 
leases entered into under this section before the expiration of 
the authority.

         SUBTITLE V. PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES

             CHAPTER 509. COMMERCIAL SPACE LAUNCH ACTIVITIES

Sec. 50901. Findings and purposes

  (a) * * *
  (b) Purposes.--The purposes of this chapter are--
          (1) to promote economic growth and entrepreneurial 
        activity through use of the space environment for 
        peaceful purposes;
          (2) to encourage the United States private sector to 
        provide launch vehicles, reentry vehicles, and 
        associated services by--
                  (A) simplifying and expediting the issuance 
                and transfer of commercial licenses;
                  (B) facilitating [and encouraging] the use of 
                Government-developed space technology; and
                  (C) promoting the continuous improvement of 
                the safety of launch vehicles designed to carry 
                humans, including through the issuance of 
                regulations, to the extent permitted by this 
                chapter;
          (3) to provide that the Secretary of Transportation 
        is to oversee and coordinate the conduct of all 
        commercial launch and reentry operations, issue permits 
        and commercial licenses and transfer commercial 
        licenses authorizing those operations, and protect the 
        public health and safety, safety of property, and 
        national security and foreign policy interests of the 
        United States; and
          (4) to facilitate the strengthening and expansion of 
        the United States space transportation infrastructure, 
        including the enhancement of United States launch sites 
        and launch-site support facilities, and development of 
        reentry sites, with Government, State, and private 
        sector involvement, to support the full range of United 
        States space-related activities.

Sec. 50902. Definitions

  In this chapter--
          (1) ``citizen of the United States'' means--
                  (A) an individual who is a citizen of the 
                United States;
                  (B) an entity organized or existing under the 
                laws of the United States or a State; or
                  (C) an entity organized or existing under the 
                laws of a foreign country if the controlling 
                interest (as defined by the Secretary of 
                Transportation) is held by an individual or 
                entity described in subclause (A) or (B) of 
                this clause.
          (2) ``crew'' means any employee of a licensee or 
        transferee, or of a contractor or subcontractor of a 
        licensee or transferee, who performs activities in the 
        course of that employment directly relating to the 
        launch, reentry, or other operation of or in a launch 
        vehicle or reentry vehicle that carries human beings.
          (3) ``executive agency'' has the same meaning given 
        that term in section 105 of title 5.
          (4) ``government astronaut'' means an individual 
        who--
                  (A) is designated by the National Aeronautics 
                and Space Administration under section 
                20113(n);
                  (B) is carried within a launch vehicle or 
                reentry vehicle in the course of his or her 
                employment, which may include performance of 
                activities directly relating to the launch, 
                reentry, or other operation of the launch 
                vehicle or reentry vehicle; and
                  (C) is either--
                          (i) an employee of the United States 
                        Government, including the uniformed 
                        services, engaged in the performance of 
                        a Federal function under authority of 
                        law or an Executive act; or
                          (ii) an international partner 
                        astronaut.
          (5) ``international partner astronaut'' means an 
        individual designated under Article 11 of the 
        International Space Station Intergovernmental 
        Agreement, by a partner to that agreement other than 
        the United States, as qualified to serve as an 
        International Space Station crew member.
          (6) ``International Space Station Intergovernmental 
        Agreement'' means the Agreement Concerning Cooperation 
        on the International Space Station, signed at 
        Washington January 29, 1998 (TIAS 12927).
          (7) ``launch'' means to place or try to place a 
        launch vehicle or reentry vehicle and any payload or 
        human being from Earth--
                  (A) in a suborbital trajectory;
                  (B) in Earth orbit in outer space; or
                  (C) otherwise in outer space,
          including activities involved in the preparation of a 
        launch vehicle or payload for launch, when those 
        activities take place at a launch site in the United 
        States.
          (8) ``launch property'' means an item built for, or 
        used in, the launch preparation or launch of a launch 
        vehicle.
          (9) ``launch services'' means--
                  (A) activities involved in the preparation of 
                a launch vehicle, payload, crew (including crew 
                training), government astronaut, or space 
                flight participant for launch; and
                  (B) the conduct of a launch.
          (10) ``launch site'' means the location on Earth from 
        which a launch takes place (as defined in a license the 
        Secretary issues or transfers under this chapter) and 
        necessary facilities at that location.
          (11) ``launch vehicle'' means--
                  (A) a vehicle built to operate in, or place a 
                payload or human beings in, outer space; and
                  (B) a suborbital rocket.
          (12) ``nongovernmental space activity'' means a space 
        activity of a person other than--
                  (A) the United States Government; or
                  (B) a Government contractor or subcontractor 
                if the Government contractor or subcontractor 
                is performing the space activity for the 
                Government.
          [(12)](13) ``obtrusive space advertising'' means 
        advertising in outer space that is capable of being 
        recognized by a human being on the surface of the Earth 
        without the aid of a telescope or other technological 
        device.
          [(13)](14) ``payload'' means an object that a person 
        undertakes to place in outer space by means of a launch 
        vehicle or reentry vehicle, including components of the 
        vehicle specifically designed or adapted for that 
        object.
          [(14)](15) except in section 50904(c), ``permit'' 
        means an experimental permit issued under section 
        50906.
          [(15)](16) ``person'' means an individual and an 
        entity organized or existing under the laws of a State 
        or country.
          [(16)](17) ``reenter'' and ``reentry'' mean to return 
        or attempt to return, purposefully, a reentry vehicle 
        and its payload or human beings, if any, from Earth 
        orbit or from outer space to Earth.
          [(17)](18) ``reentry services'' means--
                  (A) activities involved in the preparation of 
                a reentry vehicle and payload, crew (including 
                crew training), government astronaut, or space 
                flight participant, if any, for reentry; and
                  (B) the conduct of a reentry.
          [(18)](19) ``reentry site'' means the location on 
        Earth to which a reentry vehicle is intended to return 
        (as defined in a license the Secretary issues or 
        transfers under this chapter).
          [(19)](20) ``reentry vehicle'' means a vehicle 
        designed to return from Earth orbit or outer space to 
        Earth, or a reusable launch vehicle designed to return 
        from Earth orbit or outer space to Earth, substantially 
        intact.
          (21) ``space activity'' has the meaning given the 
        term in section 60101 of this title.
          [(20)](22) ``space flight participant'' means an 
        individual, who is not crew or a government astronaut, 
        carried within a launch vehicle or reentry vehicle.
          (23) ``space object'' has the meaning given the term 
        in section 60101 of this title.
          [(21)](24) ``State'' means a State of the United 
        States, the District of Columbia, and a territory or 
        possession of the United States.
          [(22)](25) unless and until regulations take effect 
        under section 50922(c)(2), ``suborbital rocket'' means 
        a vehicle, rocket-propelled in whole or in part, 
        intended for flight on a suborbital trajectory, and the 
        thrust of which is greater than its lift for the 
        majority of the rocket-powered portion of its ascent.
          [(23)](26) ``suborbital trajectory'' means the 
        intentional flight path of a launch vehicle, reentry 
        vehicle, or any portion thereof, whose vacuum 
        instantaneous impact point does not leave the surface 
        of the Earth.
          [(24)](27) ``third party'' means a person except--
                  (A) the United States Government or the 
                Government's contractors or subcontractors 
                involved in launch services or reentry 
                services;
                  (B) a licensee or transferee under this 
                chapter;
                  (C) a licensee's or transferee's contractors, 
                subcontractors, or customers involved in launch 
                services or reentry services;
                  (D) the customer's contractors or 
                subcontractors involved in launch services or 
                reentry services; or
                  (E) crew, government astronauts, or space 
                flight participants.
          [(25)](28) ``United States'' means the States of the 
        United States, the District of Columbia, and the 
        territories and possessions of the United States.

Sec. 50903. General authority

  (a) General.--The Secretary of Transportation shall carry out 
this chapter.
  (b) Facilitating Commercial Launches and Reentries.--In 
carrying out this chapter, the Secretary shall--
          (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;
          [(1)](2) encourage, facilitate, and promote 
        commercial space launches and reentries by the private 
        sector, including those involving space flight 
        participants; and
          [(2)](3) take actions to facilitate private sector 
        involvement in commercial space transportation 
        activity, and to promote public-private partnerships 
        involving the United States Government, State 
        governments, and the private sector to build, expand, 
        modernize, or operate a space launch and reentry 
        infrastructure.
  (c) Safety.--In carrying out the responsibilities under 
subsection (b), the Secretary shall encourage, facilitate, and 
promote the continuous improvement of the safety of launch 
vehicles designed to carry humans, and the Secretary may, 
consistent with this chapter, promulgate regulations to carry 
out this subsection.
  (d) Executive Agency Assistance.--When necessary, the head of 
an executive agency shall assist the Secretary in carrying out 
this chapter.
  (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. 50904. Restrictions on launches, operations, and reentries

  (a) Requirement.--A license issued or transferred under this 
chapter, or a permit, is required for the following:
          (1) for a person to launch a launch vehicle or to 
        operate a launch site or reentry site, or to reenter a 
        reentry vehicle, in the United States.
          (2) for a citizen of the United States (as defined in 
        section 50902(1)(A) or (B) of this title) to launch a 
        launch vehicle or to operate a launch site or reentry 
        site, or to reenter a reentry vehicle, outside the 
        United States.
          (3) for a citizen of the United States (as defined in 
        section 50902(1)(C) of this title) to launch a launch 
        vehicle or to operate a launch site or reentry site, or 
        to reenter a reentry vehicle, outside the United States 
        and outside the territory of a foreign country unless 
        there is an agreement between the United States 
        Government and the government of the foreign country 
        providing that the government of the foreign country 
        has jurisdiction over the launch or operation or 
        reentry.
          (4) for a citizen of the United States (as defined in 
        section 50902(1)(C) of this title) to launch a launch 
        vehicle or to operate a launch site or reentry site, or 
        to reenter a reentry vehicle, in the territory of a 
        foreign country if there is an agreement between the 
        United States Government and the government of the 
        foreign country providing that the United States 
        Government has jurisdiction over the launch or 
        operation or reentry.
          (1) Notwithstanding this subsection, a permit shall 
        not authorize a person to operate a launch site or 
        reentry site.
  (b) Compliance With Payload Requirements.--The holder of a 
license or permit under this chapter may launch or reenter a 
payload only if the payload complies with all requirements of 
the laws of the United States related to launching or 
reentering a payload.
  (c) Preventing Launches and Reentries.--The Secretary of 
Transportation shall establish whether all required licenses, 
authorizations, and permits required for a payload have been 
obtained. If no license, authorization, or permit is required, 
the Secretary may prevent the launch or reentry if the 
Secretary decides the launch or reentry would jeopardize the 
public health and safety, safety of property, or national 
security or foreign policy interest of the United States.
  (d) Single License or Permit.--The Secretary of 
Transportation shall ensure that only 1 license or permit is 
required from the Department of Transportation to conduct 
activities involving crew, government astronauts, or space 
flight participants, including launch and reentry, for which a 
license or permit is required under this chapter. The Secretary 
shall ensure that all Department of Transportation regulations 
relevant to the licensed or permitted activity are satisfied.
  (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. 50905. License applications and requirements

  (a) Applications.--
          [(1) 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. 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 180 days after accepting an 
        application in accordance with criteria established 
        pursuant to subsection (b)(2)(D), 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. 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 120 days after accepting an 
        application in accordance with criteria established 
        pursuant to subsection (b)(2)(D). The Secretary shall 
        transmit to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate a written notice not 
        later than 30 days after any occurrence when the 
        Secretary has not taken action on a license application 
        within the deadline established by this subsection.]
          (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.
          (2) Procedures for safety approvals.--In carrying out 
        paragraph (1), the Secretary may establish procedures 
        for safety approvals of launch vehicles, reentry 
        vehicles, safety systems, processes, services, 
        software, 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 by subsections 
        (b) and (c)) that may be used in conducting licensed 
        commercial space launch or reentry activities. Such 
        safety approvals may be issued simultaneously with a 
        license under this chapter.

           *       *       *       *       *       *       *

  (d) Procedures and Timetables.--The Secretary shall establish 
procedures and timetables that expedite review of a license or 
permit application and reduce the regulatory burden for an 
applicant.
  (e) Use of Existing Authorities.--
          (1) In general.--The Secretary--
                  (A) shall use existing authorities, including 
                waivers and safety approvals, as appropriate, 
                to make more efficient use of resources and 
                reduce the regulatory burden for an applicant 
                under this section; and
                  (B) may use the launch and reentry payload 
                review process to authorize nongovernmental 
                space activities that are related to an 
                application for a license or permit under this 
                chapter and are not subject to authorization 
                under other Federal law.
          (2) Expediting safety approvals.--The Secretary shall 
        expedite the processing of safety approvals that would 
        reduce risks to health or safety during launch and 
        reentry.

Sec. 50906. Experimental permits

  (a) A person may apply to the Secretary of Transportation for 
an experimental permit under this section in the form and 
manner the Secretary prescribes. Consistent with the protection 
of the public health and safety, safety of property, and 
national security and foreign policy interests of the United 
States, the Secretary, not later than 120 days after receiving 
an application pursuant to this section, shall issue a permit 
if the Secretary decides in writing that the applicant 
complies, and will continue to comply, with this chapter and 
regulations prescribed under this chapter. 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 90 days after receiving an application. The 
Secretary shall transmit to the Committee on Science of the 
House of Representatives and Committee on Commerce, Science, 
and Transportation of the Senate a written notice not later 
than 15 days after any occurrence when the Secretary has failed 
to act on a permit within the deadline established by this 
section.
  (b) In carrying out subsection (a), the Secretary may 
establish procedures for safety approvals of launch vehicles, 
reentry vehicles, safety systems, processes, services, or 
personnel that may be used in conducting commercial space 
launch or reentry activities pursuant to a permit.
  (c) In order to encourage the development of a commercial 
space flight industry, the Secretary may when issuing permits 
use the authority granted under section 50905(b)(2)(C).
  (d) The Secretary may issue a permit only for reusable 
suborbital rockets or reusable launch vehicles that will be 
launched into a suborbital trajectory or reentered under that 
permit solely for--
          (1) research and development to test design concepts, 
        equipment, or operating techniques;
          (2) showing compliance with requirements as part of 
        the process for obtaining a license under this chapter; 
        or
          (3) crew training for a launch or reentry using the 
        design of the rocket or vehicle for which the permit 
        would be issued.
  (e) Permits issued under this section shall--
          (1) authorize an unlimited number of launches and 
        reentries for a particular suborbital rocket or 
        suborbital rocket design, or for a particular reusable 
        launch vehicle or reusable launch vehicle design, for 
        the uses described in subsection (d); and
          (2) specify the type of modifications that may be 
        made to the suborbital rocket or launch vehicle without 
        changing the design to an extent that would invalidate 
        the permit.
  (f) Permits shall not be transferable.
  (g) The Secretary may issue a permit under this section 
notwithstanding any license issued under this chapter. The 
issuance of a license under this chapter may not invalidate a 
permit issued under this section.
  (h) No person may operate a reusable suborbital rocket or 
reusable launch vehicle under a permit for carrying any 
property or human being for compensation or hire.
  (i) For the purposes of sections 50907, 50908, 50909, 50910, 
50912, 50914, 50917, 50918, 50919, and 50923 of this chapter--
          (1) a permit shall be considered a license;
          (2) the holder of a permit shall be considered a 
        licensee;
          (3) a vehicle operating under a permit shall be 
        considered to be licensed; and
          (4) the issuance of a permit shall be considered 
        licensing.
          (1) This subsection shall not be construed to allow 
        the transfer of a permit.
  (j) Use of Existing Authorities.--
          (1) In general.--The Secretary shall use existing 
        authorities, including waivers and safety approvals, as 
        appropriate, to make more efficient use of resources 
        and reduce the regulatory burden for an applicant under 
        this section.
          (2) Expediting safety approvals.--The Secretary shall 
        expedite the processing of safety approvals that would 
        reduce risks to health or safety during launch and 
        reentry.

Sec. 50921. Office of Commercial Space Transportation

  (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) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary of Transportation for the 
activities of the Office of the Associate Administrator for 
Commercial Space Transportation--
          (1) $ 11,941,000 for fiscal year 2005;
          (2) $ 12,299,000 for fiscal year 2006;
          (3) $ 12,668,000 for fiscal year 2007;
          (4) $ 13,048,000 for fiscal year 2008; and
          (5) $ 13,440,000 for fiscal year 2009.

                     SUBTITLE VI. EARTH OBSERVATIONS

                 CHAPTER 601. LAND REMOTE SENSING POLICY

                          SUBCHAPTER I. GENERAL

Sec. 60101. Definitions

  In this chapter:
          (1) Cost of fulfilling user requests.--The term 
        ``cost of fulfilling user requests'' means the 
        incremental costs associated with providing product 
        generation, reproduction, and distribution of 
        unenhanced data in response to user requests and shall 
        not include any acquisition, amortization, or 
        depreciation of capital assets originally paid for by 
        the United States Government or other costs not 
        specifically attributable to fulfilling user requests.
          (2) Data continuity.--The term ``data continuity'' 
        means the continued acquisition and availability of 
        unenhanced data which are, from the point of view of 
        the user--
                  (A) sufficiently consistent (in terms of 
                acquisition geometry, coverage characteristics, 
                and spectral characteristics) with previous 
                Landsat data to allow comparisons for global 
                and regional change detection and 
                characterization; and
                  (B) compatible with such data and with 
                methods used to receive and process such data.
          (3) Data preprocessing.--The term ``data 
        preprocessing''--
                  (A) may include--
                          (i) rectification of system and 
                        sensor distortions in land remote 
                        sensing data as it is received directly 
                        from the satellite in preparation for 
                        delivery to a user;
                          (ii) registration of such data with 
                        respect to features of the Earth; and
                          (iii) calibration of spectral 
                        response with respect to such data; but
                  (B) does not include conclusions, 
                manipulations, or calculations derived from 
                such data, or a combination of such data with 
                other data.
          (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.
          [(4)](5) Land remote sensing.--The term ``land remote 
        sensing'' means the collection of data which can be 
        processed into imagery of surface features of the Earth 
        from an unclassified satellite or satellites, other 
        than an operational United States Government weather 
        satellite.
          [(5)](6) Landsat program management.--The term 
        ``Landsat Program Management'' means the integrated 
        program management structure--
                  (A) established by, and responsible to, the 
                Administrator and the Secretary of Defense 
                pursuant to section 60111(a) of this title; and
                  (B) consisting of appropriate officers and 
                employees of the Administration, the Department 
                of Defense, and any other United States 
                Government agencies the President designates as 
                responsible for the Landsat program.
          [(6)](7) Landsat system.--The term ``Landsat system'' 
        means Landsats 1, 2, 3, 4, 5, and 6, and any follow-on 
        land remote sensing system operated and owned by the 
        United States Government, along with any related ground 
        equipment, systems, and facilities owned by the United 
        States Government.
          [(7)](8) Landsat 6 contractor.--The term ``Landsat 6 
        contractor'' means the private sector entity which was 
        awarded the contract for spacecraft construction, 
        operations, and data marketing rights for the Landsat 6 
        spacecraft.
          [(8)](9) Landsat 7.--The term ``Landsat 7'' means the 
        follow-on satellite to Landsat 6.
          [(9)](10) National satellite land remote sensing data 
        archive.--The term ``National Satellite Land Remote 
        Sensing Data Archive'' means the archive established by 
        the Secretary of the Interior pursuant to the archival 
        responsibilities defined in section 60142 of this 
        title.
          [(10)](11) Noncommercial purposes.--The term 
        ``noncommercial purposes'' means activities undertaken 
        by individuals or entities on the condition, upon 
        receipt of unenhanced data, that--
                  (A) such data shall not be used in connection 
                with any bid for a commercial contract, 
                development of a commercial product, or any 
                other non-United States Government activity 
                that is expected, or has the potential, to be 
                profitmaking;
                  (B) the results of such activities are 
                disclosed in a timely and complete fashion in 
                the open technical literature or other method 
                of public release, except when such disclosure 
                by the United States Government or its 
                contractors would adversely affect the national 
                security or foreign policy of the United States 
                or violate a provision of law or regulation; 
                and
                  (C) such data shall not be distributed in 
                competition with unenhanced data provided by 
                the Landsat 6 contractor.
          (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.
          [(11)](15) Secretary.--The term ``Secretary'' means 
        the Secretary of Commerce.
          (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.
          [(12)](18) Unenhanced data.--The term ``unenhanced 
        data'' means land remote sensing signals or imagery 
        products that are unprocessed or subject only to data 
        preprocessing.
          (18) Unenhanced data.--The term ``unenhanced data'' 
        means signals or imagery products from Earth 
        observation activities that are unprocessed or subject 
        only to data preprocessing.
          [(13)](19) United states government and its 
        affiliated users.--The term ``United States Government 
        and its affiliated users'' means--
                  (A) United States Government agencies;
                  (B) researchers involved with the United 
                States Global Change Research Program and its 
                international counterpart programs; and
                  (C) other researchers and international 
                entities that have signed with the United 
                States Government a cooperative agreement 
                involving the use of Landsat data for 
                noncommercial purposes.

    SUBCHAPTER III. LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

[Sec. 60121. General licensing authority

  [(a) Licensing Authority of Secretary.--
          [(1) In general.--In consultation with other 
        appropriate United States Government agencies, the 
        Secretary is authorized to license private sector 
        parties to operate private remote sensing space systems 
        for such period as the Secretary may specify and in 
        accordance with the provisions of this subchapter.
          [(2) Limitation with respect to system used for other 
        purposes.--In the case of a private space system that 
        is used for remote sensing and other purposes, the 
        authority of the Secretary under this subchapter shall 
        be limited only to the remote sensing operations of 
        such space system.
  [(b) Compliance With Law, Regulations, International 
Obligations, and National Security.--
          [(1) In general.--No license shall be granted by the 
        Secretary unless the Secretary determines in writing 
        that the applicant will comply with the requirements of 
        this chapter, any regulations issued pursuant to this 
        chapter, and any applicable international obligations 
        and national security concerns of the United States.
          [(2) List of requirements for complete application.--
        The Secretary shall publish in the Federal Register a 
        complete and specific list of all information required 
        to comprise a complete application for a license under 
        this subchapter. An application shall be considered 
        complete when the applicant has provided all 
        information required by the list most recently 
        published in the Federal Register before the date the 
        application was first submitted. Unless the Secretary 
        has, within 30 days after receipt of an application, 
        notified the applicant of information necessary to 
        complete an application, the Secretary may not deny the 
        application on the basis of the absence of any such 
        information.
  [(c) Deadline for Action on Application.--The Secretary shall 
review any application and make a determination thereon within 
120 days of the receipt of such application. If final action 
has not occurred within such time, the Secretary shall inform 
the applicant of any pending issues and of actions required to 
resolve them.
  [(d) Improper Basis for Denial.--The Secretary shall not deny 
such license in order to protect any existing licensee from 
competition.
  [(e) Requirement to Provide Unenhanced Data.--
          [(1) Designation of data.--The Secretary, in 
        consultation with other appropriate United States 
        Government agencies and pursuant to paragraph (2), 
        shall designate in a license issued pursuant to this 
        subchapter any unenhanced data required to be provided 
        by the licensee under section 60122(b)(3) of this 
        title.
          [(2) Preliminary determination.--The Secretary shall 
        make a designation under paragraph (1) after 
        determining that--
                  [(A) such data are generated by a system for 
                which all or a substantial part of the 
                development, fabrication, launch, or operations 
                costs have been or will be directly funded by 
                the United States Government; or
                  [(B) it is in the interest of the United 
                States to require such data to be provided by 
                the licensee consistent with section 
                60122(b)(3) of this title, after considering 
                the impact on the licensee and the importance 
                of promoting widespread access to remote 
                sensing data from United States and foreign 
                systems.
          [(3) Consistency with contract or other 
        arrangement.--A designation made by the Secretary under 
        paragraph (1) shall not be inconsistent with any 
        contract or other arrangement entered into between a 
        United States Government agency and the licensee.]

[Sec. 60122. Conditions for operation

  [(a) License Required for Operation.--No person that is 
subject to the jurisdiction or control of the United States 
may, directly or through any subsidiary or affiliate, operate 
any private remote sensing space system without a license 
pursuant to section 60121 of this title.
  [(b) Licensing Requirements.--Any license issued pursuant to 
this subchapter shall specify that the licensee shall comply 
with all of the requirements of this chapter and shall--
          [(1) operate the system in such manner as to preserve 
        the national security of the United States and to 
        observe the international obligations of the United 
        States in accordance with section 60146 of this title;
          [(2) make available to the government of any country 
        (including the United States) unenhanced data collected 
        by the system concerning the territory under the 
        jurisdiction of such government as soon as such data 
        are available and on reasonable terms and conditions;
          [(3) make unenhanced data designated by the Secretary 
        in the license pursuant to section 60121(e) of this 
        title available in accordance with section 60141 of 
        this title;
          [(4) upon termination of operations under the 
        license, make disposition of any satellites in space in 
        a manner satisfactory to the President;
          [(5) furnish the Secretary with complete orbit and 
        data collection characteristics of the system, and 
        inform the Secretary immediately of any deviation; and
          [(6) notify the Secretary of any significant or 
        substantial agreement the licensee intends to enter 
        with a foreign nation, entity, or consortium involving 
        foreign nations or entities.
  [(c) Additional Licensing Requirements for Landsat 6 
Contractor.--In addition to the requirements of subsection (b), 
any license issued pursuant to this subchapter to the Landsat 6 
contractor shall specify that the Landsat 6 contractor shall--
          [(1) notify the Secretary of any value added 
        activities (as defined by the Secretary by regulation) 
        that will be conducted by the Landsat 6 contractor or 
        by a subsidiary or affiliate; and
          [(2) if such activities are to be conducted, provide 
        the Secretary with a plan for compliance with section 
        60141 of this title.]

[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. Regulatory authority of Secretary

  [The Secretary may issue regulations to carry out this 
subchapter. Such regulations shall be promulgated only after 
public notice and comment in accordance with the provisions of 
section 553 of title 5.]

[Sec. 60125. Agency activities

  [(a) License Application and Issuance.--A private sector 
party may apply for a license to operate a private remote 
sensing space system which utilizes, on a space-available 
basis, a civilian United States Government satellite or vehicle 
as a platform for such system. The Secretary, pursuant to this 
subchapter, may license such system if it meets all conditions 
of this subchapter and--
          [(1) the system operator agrees to reimburse the 
        Government in a timely manner for all related costs 
        incurred with respect to such utilization, including a 
        reasonable and proportionate share of fixed, platform, 
        data transmission, and launch costs; and
          [(2) such utilization would not interfere with or 
        otherwise compromise intended civilian Government 
        missions, as determined by the agency responsible for 
        such civilian platform.
  [(b) Assistance.--The Secretary may offer assistance to 
private sector parties in finding appropriate opportunities for 
such utilization.
  [(c) Agreements.--To the extent provided in advance by 
appropriation Acts, any United States Government agency may 
enter into agreements for such utilization if such agreements 
are consistent with such agency's mission and statutory 
authority, and if such remote sensing space system is licensed 
by the Secretary before commencing operation.
  [(d) Applicability.--This section does not apply to 
activities carried out under subchapter IV.
  [(e) Effect on FCC Authority.--Nothing in this subchapter 
shall affect the authority of the Federal Communications 
Commission pursuant to the Communications Act of 1934 (47 
U.S.C. 151 et seq.).]

[Sec. 60126. Annual reports

  [(a) In General.--The Secretary shall submit a report to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science, Space, and Technology of 
the House of Representatives not later than 180 days after the 
date of enactment of the U.S. Commercial Space Launch 
Competitiveness Act, and annually thereafter, on--
          [(1) the Secretary's implementation of section 60121, 
        including--
                  [(A) a list of all applications received in 
                the previous calendar year;
                  [(B) a list of all applications that resulted 
                in a license under section 60121;
                  [(C) a list of all applications denied and an 
                explanation of why each application was denied, 
                including any information relevant to the 
                interagency adjudication process of a licensing 
                request;
                  [(D) a list of all applications that required 
                additional information; and
                  [(E) a list of all applications whose 
                disposition exceeded the 120 day deadline 
                established in section 60121(c), the total days 
                overdue for each application that exceeded such 
                deadline, and an explanation for the delay;
          [(2) all notifications and information provided to 
        the Secretary under section 60122; and
          [(3) a description of all actions taken by the 
        Secretary under the administrative authority granted by 
        paragraphs (4), (5), and (6) of section 60123(a).
  [(b) Classified Annexes.--Each report under subsection (a) 
may include classified annexes as necessary to protect the 
disclosure of sensitive or classified information.
  [(c) Sunset.--The reporting requirement under this section 
terminates effective September 30, 2020.]

  SUBCHAPTER III--AUTHORIZATION OF NONGOVERNMENTAL EARTH OBSERVATION 
                               ACTIVITIES

Sec. 60121. Purposes

  The purposes of this subchapter are--
          (1) to prevent, to the extent practicable, harmful 
        interference to space activities by nongovernmental 
        Earth observation activities;
          (2) to manage risk and prevent harm to United States 
        national security; and
          (3) to promote the leadership, industrial innovation, 
        and international competitiveness of the United States.

Sec. 60122. General authority

  (a) In General.--The Secretary shall carry out this 
subchapter.
  (b) Functions.--In carrying out this subchapter, the 
Secretary shall consult with--
          (1) the Secretary of Defense;
          (2) the Secretary of State;
          (3) the Director of National Intelligence; and
          (4) the head of such other Federal department or 
        agency as the Secretary considers necessary.

Sec. 60123. Administrative authority of Secretary

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

Sec. 60124. Authorization to conduct nongovernmental Earth observation 
                    activities

  (a) Requirement.--No person may conduct any nongovernmental 
Earth observation activity without an authorization issued 
under this subchapter.
  (b) Waivers.--
          (1) In general.--The Secretary may waive a 
        requirement under this subchapter for a nongovernmental 
        Earth observation activity, or for a type or class of 
        nongovernmental Earth observation activities, if the 
        Secretary decides that granting a waiver is consistent 
        with section 60121.
          (2) Standards.--Not later than 120 days after the 
        date of enactment of the Space Frontier Act of 2018, 
        the Secretary shall establish standards for determining 
        the de minimis Earth observation activities that would 
        be eligible for a waiver under paragraph (1).
  (c) Application.--
          (1) In general.--A person seeking an authorization 
        under this subchapter shall submit an application to 
        the Secretary at such time, in such manner, and 
        containing such information as the Secretary may 
        require for the purposes described in section 60121, 
        including--
                  (A) a description of the proposed Earth 
                observation activity, including--
                          (i) a physical and functional 
                        description of each space object;
                          (ii) the orbital characteristics of 
                        each space object, including altitude, 
                        inclination, orbital period, and 
                        estimated operational lifetime; and
                          (iii) a list of the names of all 
                        persons that have or will have direct 
                        operational or financial control of the 
                        Earth observation activity;
                  (B) a plan to prevent orbital debris 
                consistent with the 2001 United States Orbital 
                Debris Mitigation Standard Practices or any 
                subsequent revision thereof; and
                  (C) a description of the capabilities of each 
                instrument to be used to observe the Earth in 
                the conduct of the Earth observation activity.
          (2) Application status.--Not later than 14 days after 
        the date of receipt of an application, the Secretary 
        shall make a determination whether the application is 
        complete or incomplete and notify the applicant of that 
        determination, including, if incomplete, the reason the 
        application is incomplete.
  (d) Review.--
          (1) In general.--Not later than 120 days after the 
        date that the Secretary makes a determination under 
        subsection (c)(2) that an application is complete, the 
        Secretary shall review all information provided in that 
        application and, subject to the provisions of this 
        subsection, notify the applicant in writing whether the 
        application was approved or denied.
          (2) Approvals.--The Secretary shall approve an 
        application under this subsection if the Secretary 
        determines that--
                  (A) the Earth observation activity is 
                consistent with the purposes described in 
                section 60121; and
                  (B) the applicant is in compliance, and will 
                continue to comply, with this subchapter, 
                including regulations.
          (3) Denials.--
                  (A) In general.--If an application under this 
                subsection is denied, the Secretary--
                          (i) shall include in the notification 
                        under paragraph (1)--
                                  (I) a reason for the denial; 
                                and
                                  (II) a description of each 
                                deficiency, including guidance 
                                on how to correct the 
                                deficiency;
                          (ii) shall sign the notification 
                        under paragraph (1);
                          (iii) may not delegate the duty under 
                        clause (ii); and
                          (iv) shall submit to the Committee on 
                        Commerce, Science, and Transportation 
                        of the Senate and the Committee on 
                        Science, Space, and Technology of the 
                        House of Representatives a copy of the 
                        notification.
                  (B) Interagency review.--If, during the 
                review of an application under paragraph (1), 
                the Secretary consults with the head of another 
                Federal department or agency and that head of 
                another Federal department or agency does not 
                support approving the application--
                          (i) that head of another Federal 
                        department or agency--
                                  (I) not later than 90 days 
                                after the date of the 
                                consultation, shall notify the 
                                Secretary, in writing, of the 
                                reason for withholding support, 
                                including a description of each 
                                deficiency and guidance on how 
                                to correct the deficiency;
                                  (II) shall sign the 
                                notification under subclause 
                                (I); and
                                  (III) may not delegate the 
                                duty under subclause (II); and
                          (ii) the Secretary shall include the 
                        notification under clause (i) in the 
                        notification under paragraph (1), 
                        including classified information if the 
                        applicant has the required security 
                        clearance for that classified 
                        information.
                  (C) Interagency assents.--If the head of 
                another Federal department or agency does not 
                notify the Secretary under subparagraph 
                (B)(i)(I) within the time specified in that 
                subparagraph, that head of another Federal 
                department or agency shall be deemed to have 
                assented to the application.
                  (D) Interagency dissents.--If, during the 
                review of an application under paragraph (1), a 
                head of a Federal department or agency 
                described in subparagraph (B) disagrees with 
                the Secretary or the head of another Federal 
                department or agency described in subparagraph 
                (B) with respect to a deficiency under this 
                subsection, the Secretary shall submit the 
                matter to the President, who shall resolve the 
                dispute before the applicable deadline under 
                paragraph (1).
                  (E) Deficiencies.--The Secretary shall--
                          (i) provide each applicant under this 
                        paragraph with a reasonable 
                        opportunity--
                                  (I) to correct each 
                                deficiency identified under 
                                subparagraph (A)(i)(II); and
                                  (II) to resubmit a corrected 
                                application for 
                                reconsideration; and
                          (ii) not later than 30 days after the 
                        date of receipt of a corrected 
                        application under clause (i)(II), make 
                        a determination, in consultation with 
                        each head of another Federal department 
                        or agency that submitted a notification 
                        under subparagraph (B), whether to 
                        approve the application or not.
                  (F) Improper basis for denial.--
                          (i) Competition.--The Secretary shall 
                        not deny an application under this 
                        subsection in order to protect any 
                        existing Earth observation activity 
                        from competition.
                          (ii) Capabilities.--The Secretary 
                        shall not, to the maximum extent 
                        practicable, deny an application under 
                        this subsection based solely on the 
                        capabilities of the Earth observation 
                        activity if those capabilities are 
                        commercially available.
          (4) Deadline.--If the Secretary does not notify an 
        applicant in writing before the applicable deadline 
        under paragraph (1), the Secretary shall, not later 
        than 1 business day after the date of the applicable 
        deadline, notify the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Science, Space, and Technology of the House of 
        Representatives of the status of the application, 
        including the reason the deadline was not met.
          (5) Expedited review process.--Subject to paragraph 
        (2), the Secretary may modify the requirements under 
        this subsection, as the Secretary considers 
        appropriate, to expedite the review of an application 
        that seeks to conduct an Earth observation activity 
        that is substantially similar to an Earth observation 
        activity already licensed under this subchapter.
  (e) Additional Requirements.--An authorization issued under 
this subchapter shall require the authorized person--
          (1) to be in compliance with this subchapter;
          (2) to notify the Secretary of any significant change 
        in the information contained in the application; and
          (3) to make available to the government of any 
        country, including the United States, unenhanced data 
        collected by the Earth observation system concerning 
        the territory under the jurisdiction of that government 
        as soon as such data are available and on reasonable 
        commercial terms and conditions.
  (f) Conditions.--Prior to making any change to a condition of 
an authorization under this subchapter, the Secretary shall--
          (1) provide notice of the reason for the change, 
        including, if applicable, a description of any 
        deficiency and guidance on how to correct the 
        deficiency; and
          (2) provide a reasonable opportunity to correct a 
        deficiency identified under paragraph (1).

Sec. 60125. Annual reports

  (a) In General.--Not later than 180 days after the date of 
enactment of the Space Frontier Act of 2018, and annually 
thereafter, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Science, Space, and Technology of the House of 
Representatives a report on the progress in implementing this 
subchapter, including--
          (1) a list of all applications received or pending in 
        the previous calendar year and the status of each such 
        application;
          (2) notwithstanding paragraph (4) of section 
        60124(d), a list of all applications, in the previous 
        calendar year, for which the Secretary missed the 
        deadline under paragraph (1) of that section, including 
        the reasons the deadline was not met; and
          (3) a description of all actions taken by the 
        Secretary under the administrative authority granted 
        under section 60123.
  (b) Classified Annexes.--Each report under subsection (a) may 
include classified annexes as necessary to protect the 
disclosure of sensitive or classified information.
  (c) Cessation of Effectiveness.--This section ceases to be 
effective September 30, 2021.

Sec. 60126. Regulations

  The Secretary shall promulgate regulations to implement this 
subchapter.

Sec. 60127. Relationship to other executive agencies and laws

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

                    SUBCHAPTER V. GENERAL PROVISIONS

[Sec. 60147. Consultation

  [(a) Consultation With Secretary of Defense.--The Secretary 
and the Landsat Program Management shall consult with the 
Secretary of Defense on all matters under this chapter 
affecting 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 Secretary and the 
Landsat Program Management promptly of such conditions.
  [(b) Consultation With Secretary of State.--
          [(1) In general.--The Secretary and the Landsat 
        Program Management shall consult with the Secretary of 
        State on all matters under this chapter affecting 
        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 promptly the Secretary and 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 
        Secretary and 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.
  [(d) Reimbursements.--If, as a result of technical 
modifications imposed on a licensee under subchapter III on the 
basis of national security concerns, the Secretary, in 
consultation with the Secretary of Defense or with other 
Federal agencies, determines that additional costs will be 
incurred by the licensee, or that past development costs 
(including the cost of capital) will not be recovered by the 
licensee, the Secretary may require the agency or agencies 
requesting such technical modifications to reimburse the 
licensee for such additional or development costs, but not for 
anticipated profits. Reimbursements may cover costs associated 
with required changes in system performance, but not costs 
ordinarily associated with doing business abroad.]

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.

 SUBTITLE VII. ACCESS TO SPACE CHAPTER 709. INTERNATIONAL SPACE STATION

Sec. 

   70907. Maintaining Use Through at Least [2024] 2030.--
  (a) Policy.--The Administrator shall take all necessary steps 
to ensure that the International Space Station remains a viable 
and productive facility capable of potential United States 
utilization through at least September 30, [2024] 2030.
  (b) NASA Actions.--In furtherance of the policy under 
subsection (a), the Administrator shall ensure, to the extent 
practicable, that the International Space Station, as a 
designated national laboratory--
          (1) remains viable as an element of overall 
        exploration and partnership strategies and approaches;
          (2) is considered for use by all NASA mission 
        directorates, as appropriate, for technically 
        appropriate scientific data gathering or technology 
        risk reduction demonstrations; and
          (3) remains an effective, functional vehicle 
        providing research and test bed capabilities for the 
        United States through at least September 30, [2024] 
        2030.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2010


                          [Public Law 111-267]

SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION.

                           [42 U.S.C. 18351]

  (a) Policy of the United States.--It shall be the policy of 
the United States, in consultation with its international 
partners in the ISS program, to support full and complete 
utilization of the ISS through at least [2024] 2030.
  (b) NASA Action.--In furtherance of the policy set forth in 
subsection (a), NASA shall--
          (1) pursue international, commercial, and 
        intragovernmental means to maximize ISS logistics 
        supply, maintenance, and operational capabilities, 
        reduce risks to ISS systems sustainability, and offset 
        and minimize United States operations costs relating to 
        the ISS;
          (2) utilize, to the extent practicable, the ISS for 
        the development of capabilities and technologies needed 
        for the future of human space exploration beyond low-
        Earth orbit; and
          (3) utilize, if practical and cost effective, the ISS 
        for Science Mission Directorate missions in low-Earth 
        orbit.

SEC. 503. MAINTENANCE OF THE UNITED STATES SEGMENT AND ASSURANCE OF 
                    CONTINUED OPERATIONS OF THE INTERNATIONAL SPACE 
                    STATION.

                           [42 U.S.C. 18353]

  (a) In General.--The Administrator shall take all actions 
necessary to ensure the safe and effective operation, 
maintenance, and maximum utilization of the United States 
segment of the ISS through at least September 30, [2024] 2030.

           *       *       *       *       *       *       *


SEC. 504. MANAGEMENT OF THE ISS NATIONAL LABORATORY.

                           [42 U.S.C. 18354]

  (a)

           *       *       *       *       *       *       *

  (d) Research Capacity Allocation and Integration of Research 
Payloads.--
          (1) Allocation of iss research capacity.--As soon as 
        practicable after the date of the enactment of this 
        Act, but not later than October 1, 2011, ISS national 
        laboratory managed experiments shall be guaranteed 
        access to, and utilization of, not less than 50 percent 
        of the United States research capacity allocation, 
        including power, cold stowage, and requisite crew time 
        onboard the ISS through at least September 30, [2024] 
        2030. Access to the ISS research capacity includes 
        provision for the adequate upmass and downmass 
        capabilities to utilize the ISS research capacity, as 
        available. The Administrator may allocate additional 
        capacity to the ISS national laboratory should such 
        capacity be in excess of NASA research requirements.
          (2) Additional research capabilities.--If any NASA 
        research plan is determined to require research 
        capacity onboard the ISS beyond the percentage 
        allocated under paragraph (1), such research plan shall 
        be prepared in the form of a requested research 
        opportunity to be submitted to the process established 
        under this section for the consideration of proposed 
        research within the capacity allocated to the ISS 
        national laboratory. A proposal for such a research 
        plan may include the establishment of partnerships with 
        non-NASA institutions eligible to propose research to 
        be conducted within the ISS national laboratory 
        capacity. Until at least September 30, [2024] 2030, the 
        official or employee designated under subsection (b) 
        may grant an exception to this requirement in the case 
        of a proposed experiment considered essential for 
        purposes of preparing for exploration beyond low-Earth 
        orbit, as determined by joint agreement between the 
        organization with which the Administrator enters into a 
        cooperative agreement under subsection (a) and the 
        official or employee designated under subsection (b).
          (3) Research priorities and enhanced capacity.--The 
        organization with which the Administrator enters into 
        the cooperative agreement shall consider 
        recommendations of the National Academies Decadal 
        Survey on Biological and Physical Sciences in Space in 
        establishing research priorities and in developing 
        proposed enhancements of research capacity and 
        opportunities for the ISS national laboratory.
          (4) Responsibility for research payload.--NASA shall 
        retain its roles and responsibilities in providing 
        research payload physical, analytical, and operations 
        integration during pre-flight, post-flight, 
        transportation, and orbital phases essential to ensure 
        safe and effective flight readiness and vehicle 
        integration of research activities approved and 
        prioritized by the organization with which the 
        Administrator enters into the cooperative agreement and 
        the official or employee designated under subsection 
        (b).

            U.S. COMMERCIAL SPACE LAUNCH COMPETITIVENESS ACT


                   [Public Law 114-90; 129 Stat. 704]

[SEC. 113. STREAMLINE COMMERCIAL SPACE LAUNCH ACTIVITIES.

  [(a) Sense of Congress.--It is the sense of Congress that 
eliminating duplicative requirements and approvals for 
commercial launch and reentry operations will promote and 
encourage the development of the commercial space sector.
  [(b) Reaffirmation of Policy.--Congress reaffirms that the 
Secretary of Transportation, in overseeing and coordinating 
commercial launch and reentry operations, should--
          [(1) promote commercial space launches and reentries 
        by the private sector;
          [(2) facilitate Government, State, and private sector 
        involvement in enhancing U.S. launch sites and 
        facilities;
          [(3) protect public health and safety, safety of 
        property, national security interests, and foreign 
        policy interests of the United States; and
          [(4) consult with the head of another executive 
        agency, including the Secretary of Defense or the 
        Administrator of the National Aeronautics and Space 
        Administration, as necessary to provide consistent 
        application of licensing requirements under chapter 509 
        of title 51, United States Code.
  [(c) Requirements.--
          [(1) In general.--The Secretary of Transportation 
        under section 50918 of title 51, United States Code, 
        and subject to section 50905(b)(2)(C) of that title, 
        shall consult with the Secretary of Defense, the 
        Administrator of the National Aeronautics and Space 
        Administration, and the heads of other executive 
        agencies, as appropriate--
                  [(A) to identify all requirements that are 
                imposed to protect the public health and 
                safety, safety of property, national security 
                interests, and foreign policy interests of the 
                United States relevant to any commercial launch 
                of a launch vehicle or commercial reentry of a 
                reentry vehicle; and
                  [(B) to evaluate the requirements identified 
                in subparagraph (A) and, in coordination with 
                the licensee or transferee and the heads of the 
                relevant executive agencies--
                          [(i) determine whether the 
                        satisfaction of a requirement of one 
                        agency could result in the satisfaction 
                        of a requirement of another agency; and
                          [(ii) resolve any inconsistencies and 
                        remove any outmoded or duplicative 
                        requirements or approvals of the 
                        Federal Government relevant to any 
                        commercial launch of a launch vehicle 
                        or commercial reentry of a reentry 
                        vehicle.
          [(2) Reports.--Not later than 180 days after the date 
        of enactment of this Act, and annually thereafter until 
        the Secretary of Transportation determines no outmoded 
        or duplicative requirements or approvals of the Federal 
        Government exist, the Secretary of Transportation, in 
        consultation with the Secretary of Defense, the 
        Administrator of the National Aeronautics and Space 
        Administration, the commercial space sector, and the 
        heads of other executive agencies, as appropriate, 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Science, 
        Space, and Technology of the House of Representatives, 
        and the congressional defense committees a report that 
        includes the following:
                  [(A) A description of the process for the 
                application for and approval of a permit or 
                license under chapter 509 of title 51, United 
                States Code, for the commercial launch of a 
                launch vehicle or commercial reentry of a 
                reentry vehicle, including the identification 
                of--
                          [(i) any unique requirements for 
                        operating on a United States Government 
                        launch site, reentry site, or launch 
                        property; and
                          [(ii) any inconsistent, outmoded, or 
                        duplicative requirements or approvals.
                  [(B) A description of current efforts, if 
                any, to coordinate and work across executive 
                agencies to define interagency processes and 
                procedures for sharing information, avoiding 
                duplication of effort, and resolving common 
                agency requirements.
                  [(C) Recommendations for legislation that may 
                further.--(i) streamline requirements in order 
                to improve efficiency, reduce unnecessary 
                costs, resolve inconsistencies, remove 
                duplication, and minimize unwarranted 
                constraints; and
                          [(ii) consolidate or modify 
                        requirements across affected agencies 
                        into a single application set that 
                        satisfies the requirements identified 
                        in paragraph (1)(A).
          [(3) Definitions.--For purposes of this subsection--
                  [(A) any applicable definitions set forth in 
                section 50902 of title 51, United States Code, 
                shall apply;
                  [(B) the terms ``launch'', ``reenter'', and 
                ``reentry'' include landing of a launch vehicle 
                or reentry vehicle; and
                  [(C) the terms ``United States Government 
                launch site'' and ``United States Government 
                reentry site'' include any necessary facility, 
                at that location, that is commercially operated 
                on United States Government property.]\17\
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    \17\This amendment repeals a redundant provision in the law. 
Nothing in this Act, or the amendments made by this Act, may be 
construed to affect section 1617 of the National Defense Authorization 
Act for Fiscal Year 2016 (51 U.S.C. 50918 note).
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