[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\
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\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).
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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\
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\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).
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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.
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\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)
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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.
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\8\51 U.S.C.50901.
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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.
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\9\Department of Commerce, Office of Space Commerce (http://
www.space.commerce.gov/about/mission/).
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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.
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\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)
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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.
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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--
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2018 2019 2020 2021 2022 2023 2019-2023
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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
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* = 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.
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\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).
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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\
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\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.
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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\
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\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.
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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.
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\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).
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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
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By fiscal year, in millions of dollars--
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2018 2019 2020 2021 2022 2023 2024 2025 2025 2027 2028 2018-2023 2018-2028
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NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 0 1 2 3 3 4 4 4 4 5 9 30
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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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