[Senate Report 116-172]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 323
116th Congress }                                               { Report
                               SENATE 
 1st Session   }                                               { 116-172                        
             
_______________________________________________________________________



                      SPACE FRONTIER ACT OF 2019

                               __________

                              R E P O R T

                                of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

              
                                 S. 919

              
               [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 11, 2019.--Ordered to be printed
               
                              __________
                              
                  U.S. GOVERNMENT PUBLISHING OFFICE   
                  
99-010                   WASHINGTON : 2019
                              
              
               
               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
       
                     ONE HUNDRED SIXTEENTH CONGRESS
                     
                              FIRST SESSION

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director
               
               



                                                       Calendar No. 323
116th Congress }                                            { Report
                                 SENATE
 1st Session   }                                            { 116-172

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

 
                       SPACE FRONTIER ACT OF 2019

                                _______
                                

               December 11, 2019.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 919]

      [Including cost estimate of the Congressonal Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 919) to reduce regulatory 
burdens and streamline processes related to commercial space 
activities, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                          Purpose of the Bill

    The purpose of S. 919, the Space Frontier Act of 2019, is 
to reduce regulatory burdens and streamline processes related 
to commercial space activities, and for other purposes.

                          Background and Needs


                      COMMERCIAL SPACE LAUNCH ACT

    On January 25, 1984, President Reagan stated in his State 
of the Union address that the market for space transportation 
could surpass the Government's capacity to develop it, and that 
companies interested in putting payloads into space must have 
access to private sector launch services.\1\ President Reagan 
issued Executive Order 12465 that designated the Department of 
Transportation (DOT) to take the lead on encouraging and 
facilitating commercial space activities by the private 
sector.\2\
---------------------------------------------------------------------------
    \1\President Reagan State of the Union Address (https://
www.presidency.ucsb.edu/node/261634).
    \2\Executive Order 12465 (http://www.reagan.utexas.edu/archives/
speeches/1984/22484b.htm).
---------------------------------------------------------------------------
    Soon thereafter, Congress passed the Commercial Space 
Launch Act of 1984 (CSLA),\3\ which designated 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, should an accident occur. The CSLA has 
been amended several times, most notably in 1988,\4\ 2004,\5\ 
and 2015.\6\
---------------------------------------------------------------------------
    \3\CSLA 1984, Public Law 98-575 (https://www.princeton.edu/ota/
disk2/1985/8513/851316.PDF).
    \4\Commercial Space Launch Act Amendments of 1988 (Pub. L. 100-657) 
(http://www.gpo.gov/fdsys/pkg/STATUTE-102/pdf/STATUTE-102-Pg3900.pdf).
    \5\CSLA Amendments of 2004. (Pub. 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 of 2015 (Pub. 
L. 114-90) (https://www.gpo.gov/fdsys/pkg/PLAW-114publ90/pdf/PLAW-
114publ90.pdf).
---------------------------------------------------------------------------

            U.S. COMMERCIAL SPACE LAUNCH COMPETITIVENESS ACT

    The U.S. Commercial Space Launch Competitiveness Act 
(CSLCA) was signed into law in November 2015. The CSLCA 
included several provisions that provided necessary updates to 
the CSLA to ensure stability for the continued development of a 
growing U.S. commercial space industry. For example, the CSLCA 
extended the existing liability indemnification regime for the 
commercial space transportation industry through September 30, 
2025. The CSLCA also extended the existing industry learning 
period (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 included the 
following: the extension of the International Space Station 
(ISS) until 2024; a definition of 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 to 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 those agencies, 
including the National Aeronautics and Space Administration 
(NASA) and the Department of Defense (DOD).\7\ Other agencies, 
such as the Department of Commerce (DOC) and the Federal 
Communications Commission (FCC), oversee compliance with 
regulatory functions within their agencies' expertise (i.e., 
licensure of spectrum frequencies (FCC) and Earth imaging 
satellites (DOC)). The CSLCA required several reports to 
examine whether these roles and responsibilities could be 
consolidated, restructured, or managed more efficiently.
---------------------------------------------------------------------------
    \7\Congressional Research Service, ``Commercial Space Industry 
Launches a New 
Phase.'' December 2016 (http://www.crs.gov/Reports/
R44708?source=search&guid=
de8947bbe5b24c9f8ca7dbe08f95f87e&index=1).
---------------------------------------------------------------------------
    The Office of Commercial Space Transportation (or AST, 
which is its current internal designation as a component of the 
FAA) was first established by the CSLA of 1984 as part of the 
Office of the Secretary of Transportation. In 1995, 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 protect public health and 
safety, and the national security and foreign policy interests 
of the United States.\8\ In furtherance of this mission, AST 
issues licenses and permits for commercial launch and reentry 
activities within the United States or as carried out by U.S. 
citizens in other countries, as well as the operation of launch 
and reentry sites within the United States. By contrast, while 
NASA has funded some development of commercial space vehicles, 
it does not act as a regulatory agency with respect to 
commercial space launch activities.
---------------------------------------------------------------------------
    \8\FAA Office of Commercial Space (http://www.faa.gov/about/
office_org/
headquarters_offices/ast/).
---------------------------------------------------------------------------
    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 are delayed in an 
ineffective interagency consultation process, which has in turn 
caused the DOC to often fail in meeting its statutory 
requirement to act within 120 days on Earth observation 
satellite license applications.
---------------------------------------------------------------------------
    \9\Department of Commerce, Office of Space Commerce (http://
www.space.commerce.gov/about/mission/).
---------------------------------------------------------------------------

                         THE OUTER SPACE TREATY

    The Treaty on Principles Governing the Activities of States 
in the Exploration and Use of Outer Space, Including the Moon 
and Other Celestial Bodies, also known as the Outer Space 
Treaty (Treaty), 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 meeting 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\10\ of the Treaty, which requires governments to 
authorize and continually supervise the activities of non-
government entities. At the time the Treaty was drafted, most 
activities in space were conceived of as only State actions. 
Yet, under Article VI of the Treaty, nongovernmental space 
activities are permitted, and each State Party to the Treaty is 
responsible for authorization and continuing supervision of all 
of its national space activities, including those of both 
governmental and nongovernmental entities.
---------------------------------------------------------------------------
    \10\Article VI: States shall be responsible for national space 
activities whether carried out by governmental or non-governmental 
entities, and activities of non-governmental entities in outer space, 
including the Moon and other celestial bodies, shall require 
authorization and continuing supervision by the appropriate State Party 
to the Treaty.
---------------------------------------------------------------------------

                        SPACE POLICY DIRECTIVE 2

    On May 24, 2018, President Trump signed Space Policy 
Directive 2 (SPD-2), Streamlining Regulations on Commercial Use 
of Space.\11\ SPD-2 set 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\12\ to review 
export licensing regulations affecting commercial space flight 
activity and deliver recommendations to the President.
---------------------------------------------------------------------------
    \11\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/).
    \12\The National Space Council is a body within the Executive 
Office of the President of the United States that is tasked with 
advising and assisting the President regarding national space policy 
and strategy.
---------------------------------------------------------------------------

                         Summary of Provisions

    The Space Frontier Act of 2019 streamlines and reforms the 
regulatory frameworks for commercial space launches and 
reentries and nongovernmental Earth observation operations. 
This bill intends 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, the Space Frontier Act would do the following:
   Streamline launch and reentry regulations at DOT, by 
        requiring it to issue a final rule, by February 1, 
        2020, 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 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.
   Change the reporting structure at the Office of 
        Commercial Space Transportation at the FAA by creating 
        a new Assistant Secretary for Commercial Space 
        Transportation at the DOT, who shall also 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 Lab 
        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.

                          Legislative History

    S. 919, the Space Frontier Act of 2019, was introduced on 
March 27, 2019, by Senator Cruz (for himself and Senators 
Sinema, Markey, and Wicker) and was referred to the Committee 
on Commerce, Science, and Transportation. Senators Peters and 
Scott are additional cosponsors. On April 3, 2019, the 
Committee met in open Executive Session and, by voice vote, 
ordered S. 919 reported favorably without amendment.
    The Committee held one hearing during the 116th Congress to 
examine some of the key issues addressed in this legislation: 
The New Space Race: Ensuring U.S. Global Leadership on the 
Final Frontier (March 13, 2019).
    During the 115th Congress, S. 3277, the Space Frontier Act 
of 2018, 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. 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). On December 20, 
2018, S. 3277 passed the Senate with an amendment by unanimous 
consent. On December 21, 2018, S. 3277 failed to garner the 
required supermajority to pass by a suspension of the rules in 
the House.

                          RELATED LEGISLATION

    On February 27, 2019, S. 584, the Advancing Human 
Spaceflight Act, was introduced by Senator Cornyn (for himself 
and Senator Peters) and was referred to the Committee on 
Commerce, Science, and Transportation. If enacted, this bill 
would extend direct NASA funding for ISS until 2030 and 
commission a report on NASA's plans to transition to a future 
platform. The bill also directs NASA to establish a program to 
develop advanced space suits and codifies human settlement in 
space as a national goal.

                            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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The bill would
           Authorize the appropriation of $150 million 
        in 2020 for a National Aeronautics and Space 
        Administration (NASA) program promoting the commercial 
        use of the low-Earth orbit
           Redesignate the Office of Space Commerce as 
        the Bureau of Space Commerce and authorize the 
        appropriation of $10 million annually over the 2020-
        2024 period for the bureau
           Require entities that launch and operate 
        Earth observation satellites to submit technical and 
        safety information with license applications submitted 
        to the National Oceanic and Atmospheric Administration 
        (NOAA)
    Estimated budgetary effects would primarily stem from
           Spending of appropriations authorized for 
        NASA and the Bureau of Space Commerce
           Requirements for the Department of 
        Transportation and NOAA to streamline certain 
        permitting and licensing processes
    Bill summary: S. 919 would authorize appropriations for the 
National Aeronautics and Space Administration to promote 
commercial use of the low-Earth orbit and for the Department of 
Commerce to carry out space commerce activities. (Low-Earth 
orbit is an Earth centered orbit with an altitude of about 
1,200 miles or less.) The bill also would require the 
Department of Transportation (DOT) and the National Oceanic and 
Atmospheric Administration to streamline permitting for 
commercial space transportation and Earth observation. CBO 
estimates implementing S. 919 would cost $232 million over the 
2019-2024 period, assuming appropriation of the authorized and 
necessary amounts.
    Estimated Federal cost: The estimated budgetary effect of 
S. 919 is shown in Table 1. The costs of the legislation fall 
within budget functions 250 (general science, space, and 
technology), 300 (natural resources and environment), 370 
(commerce and housing credit), and 400 (transportation).

                 TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 919
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2019     2020     2021     2022     2023     2024   2019-2024
----------------------------------------------------------------------------------------------------------------
Low-Earth Commercialization Program
    Authorization..............................        0      150        0        0        0        0        150
    Estimated Outlays..........................        0       10       20       35       45       40        150
Bureau of Space Commerce
    Authorization..............................        0       10       10       10       10       10         50
    Estimated Outlays..........................        0        8       10       10       10       10         48
Regulation of Commercial Space Transportation
    Estimated Authorization....................        0        6        6        6        6        7         31
    Estimated Outlays..........................        0        4        6        6        6        7         29
Regulation of Earth Observation Activities
    Estimated Authorization....................        0        1        1        1        1        1          5
    Estimated Outlays..........................        0        1        1        1        1        1          5
Total Changes
    Estimated Authorization....................        0      167       17       17       17       18        236
    Estimated Outlays..........................        0       23       37       52       62       58        232
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
919 will be enacted in late 2019 and that the authorized and 
necessary amounts will be appropriated each year. Estimated 
outlays are based on historical spending patterns for similar 
activities.
    Low-Earth commercialization program: S. 919 would authorize 
the appropriation of $150 million in 2020 for NASA to promote 
commercial use of the low-Earth orbit. Using information from 
NASA, CBO expects that under the bill, the agency would study 
potential launch destinations in the low-Earth orbit, conduct 
market surveys and workshops, promote private-sector use of the 
International Space Station (ISS), and provide financial 
support to industry partners for related research and 
development. In 2019, NASA allocated $40 million for such 
activities. CBO estimates that implementing the provision would 
cost $150 million over the 2020-2024 period.
    Bureau of Space Commerce: S. 919 would redesignate the 
Office of Space Commerce, which oversees space commerce policy 
within the Department of Commerce, as the Bureau of Space 
Commerce and would direct the bureau to coordinate interagency 
commercial space activities. The bill would authorize the 
appropriation of $10 million annually over the 2020-2024 period 
for that bureau. CBO expects that most of those amounts would 
be for additional staff. In 2019, NOAA allocated $2 million for 
the Office of Space Commerce. CBO estimates that implementing 
that provision would cost $48 million over the 2020-2024 
period.
    Regulation of commercial space transportation: DOT 
regulates commercial space transportation by issuing permits 
and licenses to entities that launch commercial space vehicles 
or operate related facilities. The agency also oversees the 
safety of such activities.
    Title I of S. 919 would require DOT to streamline and 
expedite its regulatory activities. In particular, DOT would be 
required to reduce from 180 days to 90 days the review period 
for permit and license applications submitted by existing 
permit or license holders. By February 1, 2020, DOT also would 
be required to issue a draft rule to revise existing 
regulations and to streamline regulations for commercial space 
transportation. Title I also would impose additional 
administrative and reporting requirements.
    Using information from DOT, CBO estimates that implementing 
title I would cost $29 million over the 2020-2024 period, 
primarily to add around 20 new staff members and to purchase 
computer systems needed to complete reviews of certain 
applications under the new schedule. That estimate reflects an 
annual increase of $6 million, or about 25 percent, over 2019 
funding for those purposes.
    Regulation of Earth observation activities: Title II would 
change NOAA's licensing of private entities that collect Earth-
imaging data from space. The bill would add technical 
requirements and shorten the timeline for NOAA's license 
review. NOAA also would be required to issue new regulations 
for implementing those changes and to report to the Congress.
    Using information from NOAA and considering the timeline 
and technical aspects of the new review process, CBO estimates 
that NOAA would need four additional employees with specialized 
technical abilities to implement title II and additional 
resources to issue the required regulations. Therefore, CBO 
estimates that implementing title II would cost $1 million a 
year, or $5 million over the 2020-2024 period. In 2019, NOAA 
allocated about $2 million to such licensing activities.
    Other costs: Title III would direct NASA to promote public-
private partnerships with small businesses and to report to the 
Congress on the feasibility of establishing a microgravity 
national laboratory. Using information on existing activities 
under the agency's Office of Small Business Programs, and based 
on the costs of similar tasks, CBO estimates that implementing 
those provisions would cost less than $500,000 over the 2020-
2024 period.
    Current law requires NASA to operate the ISS through 2024. 
The bill would extend that authorization through 2030. Based on 
information for recent years, CBO estimates that after 2024, 
those operations would cost about $4 billion annually, assuming 
the appropriation of the necessary amounts.
    Pay-As-You-Go considerations: None.
    Increase in long-term deficits: None.
    Mandates: S. 919 would impose intergovernmental and 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA) by requiring entities that launch and operate 
Earth observation satellites to submit technical and safety 
information to NOAA with their satellite-licensing 
applications. Those requirements would affect private space 
companies, such as Space X, and publicly funded entities, such 
as research universities. Using information from NOAA and 
companies in the space industry about the costs of complying 
with current regulations, CBO estimates that the incremental 
costs of complying with the bill would fall well below the 
annual thresholds established in UMRA for intergovernmental and 
private-sector mandates ($82 million and $164 million in 2019, 
respectively, adjusted annually for inflation).
    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, 
Mandates Unit; Therese 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 private companies who apply for a 
commercial space launch or reentry license or experimental 
permit with the DOT; private companies who apply for a license 
to conduct nongovernmental Earth observation activities with 
the DOC; and private companies 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 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 
intends to streamline and shorten the requirements and time 
necessary for applicants 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 intention 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 applicants for commercial space launch, 
reentry licenses, or experimental permits with the DOT; 
applicants who apply for a license to conduct nongovernmental 
Earth observation activities with the DOC; and private 
companies interested in conducting nongovernmental space 
activities that are related to an application for a license or 
permit 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 required to 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 2019.'' 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. Office of Commercial Space Transportation.

    This section would create an Assistant Secretary for 
Commercial Space Transportation at DOT, who would also 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 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 102. Use of existing authorities.

    This section would state that it is the sense of Congress 
that, absent other comprehensive regulatory reform, the DOT 
should use all current 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. 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.
    Further, this section would shorten the timeframe the DOT 
has to issue a license for previously licensed or currently 
licensed applicants from the current 180 days to 90 days. The 
existing period of 180 days would continue to apply for 
applicants who do not currently hold a license or have not held 
one in the past. This section would also make improvements to 
the process for issuing safety approvals and 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.
    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.

Section 103. Experimental permits.

    This section would direct the DOT to use all existing 
authorities, including waivers and safety approvals, to promote 
efficiency and reduce regulatory burden. This section would 
also direct DOT to expedite the processing of safety approvals 
that would reduce risks to health or safety during launch and 
reentry.

Section 104. Government-developed space technology.

    This section would strike conflicting language in law 
stating that the Government 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. Therefore, this 
section would in effect 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 105. 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 final rule, by February 1, 
2020, to create requirements that 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 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 to the relevant committees of Congress detailing 
the progress made towards the requirements of this section.

Section 106. 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\13\ 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\14\ 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,\15\ which is redundant law.
---------------------------------------------------------------------------
    \13\51 U.S.C. 50918 note.
    \14\Public Law 115-232; 132 Stat. 1636.
    \15\Public Law 114-90; 129 Stat. 704.
---------------------------------------------------------------------------

Section 107. 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.

Section 108. Airspace integration report.

    This section would require the DOT to submit a report to 
Congress within 90 days reviewing current policies and tools 
used to integrate launch and reentry activities into the 
National Airspace System.

 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 
commercial 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 
would also direct the DOC to submit any denied applications to 
the relevant committees of Congress. Further, this section 
would provide for a streamlined 90-day process for other 
agencies to review applications, as appropriate, and would 
state that non-responsiveness by another Federal agency would 
be treated as assent to the application. Non-concurrence by 
another Federal agency 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 would also provide for 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 
would also direct the DOC to establish standards for 
determining de minimis Earth observation activities that would 
be eligible for a waiver not later than 120 days after 
enactment of the Act.
    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 under the administrative authority granted in this 
section.

Section 202. Radio-frequency mapping report.

    This section would require the DOC, in consultation with 
the DOD and the Director of National Intelligence, to submit a 
report within 180 days to the relevant committees of Congress 
discussing the necessity, or lack thereof, of regulations on 
space-based radio-frequency mapping. The report would also 
examine the impacts of radio-frequency mapping activities on 
national security, include recommendations for additional 
regulatory action, and include a cost/benefit analysis of such 
regulatory action. The report would evaluate whether the 
development of voluntary consensus industry standards outweighs 
the case for issuing regulations and whether existing law could 
be applied to prevent the need for additional regulation.

                        TITLE III--MISCELLANEOUS

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 would 
also direct NASA to provide opportunities for the participation 
of small businesses in planning public-private partnerships, 
and within 90 days, make public a list of all NASA assets, 
services, and capabilities that are or will be available for 
public-private partnership opportunities.

Section 302. 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 would also 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 states that NASA 
should continue to support fundamental science research on 
future platforms.

Section 303. Presence in low-Earth orbit.

    This section would state that it is the sense of Congress 
that a continuous human presence in low-Earth orbit is in the 
national and economic security interests of the United States 
and requires NASA to continuously maintain the capability for 
continuous human presence in low-Earth orbit beyond the useful 
life of the ISS.

Section 304. Continuation of the ISS.

    This section would support ISS operations 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.

Section 306. Low-Earth orbit commercialization program.

    This section would authorize NASA to establish a low-Earth 
orbit commercialization program to encourage the use and 
development of space by the private sector, including 
activities to stimulate demand for human spaceflight, 
improvements to the commercial capabilities of the ISS, and 
activities to accelerate the development of commercial space 
stations. This section would also authorize $150 million for 
fiscal year 2020 for this purpose.

Section 307. Bureau of Space Commerce.

    This section elevates the Office of Space Commerce to the 
Bureau of Space Commerce, headed by an Assistant Secretary for 
Space Commerce, and authorizes $10 million per year for the 
activities of the Bureau for fiscal years 2020 through 2024.

                        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) * * *
  (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, an 
                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.

           *       *       *       *       *       *       *


            TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS


        SUBTITLE V--PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES

             CHAPTER 507--[OFFICE]BUREAU OF SPACE COMMERCE

Sec.
50701. Definition of [Office] Bureau.
50702. Establishment.
50703. Annual report.
50704. Authorization of appropriations.

Sec. 50701. Definition of [Office] Bureau

    In this chapter, the term [``Office''] ``Bureau'' means the 
[Office] Bureau of Space Commerce established in section 50702 
of this title.

Sec. 50702. Establishment

  (a) In General.--There is established within the Department 
of Commerce [an Office] a Bureau of Space Commerce.
  [(b) Director.--The Office shall be headed by a Director, who 
shall be a senior executive and shall be compensated at a level 
in the Senior Executive Service under section 5382 of title 5 
as determined by the Secretary of Commerce.]
  (b) Assistant Secretary.--The Bureau shall be headed by an 
Assistant Secretary for Space Commerce, to be appointed by the 
President with the advice and consent of the Senate and 
compensated at level II or III of the Executive Schedule, as 
determined by the Secretary of Commerce. The Assistant 
Secretary shall report directly to the Secretary of Commerce.
  (c) Functions of Office.--The [Office] Bureau shall be the 
principal unit for the coordination of space-related issues, 
programs, and initiatives within the Department of Commerce, 
including--
          (1) to foster the conditions for the economic growth 
        and technological advancement of the United States 
        space commerce industry;
          (2) to coordinate space commerce policy issues and 
        actions within the Department of Commerce, including 
        activities licensed under chapter 601 of this title;
          (3) to represent the Department of Commerce in the 
        development of United States policies and in 
        negotiations with foreign countries to promote United 
        States space commerce;
          (4) to promote the advancement of United States 
        geospatial technologies related to space commerce, in 
        cooperation with relevant interagency working groups; 
        and
          (5) to provide support to Federal Government 
        organizations working on Space-Based Positioning 
        Navigation, and Timing policy, including the National 
        Coordination Office for Space-Based [Position] 
        Positioning, Navigation, and Timing.
  (d) Duties of [Director] Assistant Secretary.--The primary 
responsibilities of the [Director] Assistant Secretary in 
carrying out the functions of the [Office shall] Bureau shall, 
under the direction and supervision of the Secretary, include--
          (1) to oversee the issuing of licenses under chapter 
        601 of this title;
          (2) coordinating Department policy impacting 
        commercial space activities and working with other 
        executive agencies to promote policies that advance 
        commercial space activities;
          [(1)] (3) promoting commercial provider investment in 
        space activities by collecting, analyzing, and 
        disseminating information on space markets, and 
        conducting workshops and seminars to increase awareness 
        of commercial space opportunities;
          [(2)] (4) assisting United States commercial 
        providers in the efforts of those providers to conduct 
        business with the United States Government;
          [(3)] (5) acting as an industry advocate within the 
        executive branch of the Federal Government to ensure 
        that the Federal Government meets the space-related 
        requirements of the Federal Government, to the fullest 
        extent feasible, using commercially available space 
        goods and services;
          [(4)] (6) ensuring that the United States Government 
        does not compete with United States commercial 
        providers in the provision of space hardware and 
        services otherwise available from United States 
        commercial providers;
          [(5)] (7) promoting the export of space-related goods 
        and services;
          [(6)] (8) representing the Department of Commerce in 
        the development of United States policies and in 
        negotiations with foreign countries to ensure free and 
        fair trade internationally in the area of space 
        commerce, consistent with the international 
        obligations, foreign policy, and national security 
        interests of the United States; and
          [(7)] (9) seeking the removal of legal, policy, and 
        institutional impediments to space commerce.

Sec. 50703. Annual report

    The Secretary of Commerce shall submit an annual report on 
the activities of the [Office] Bureau, including planned 
programs and expenditures, to the Committee on Commerce, 
Science, and Transportation of the Senate and the [Committee on 
Science and Technology of the House of Representatives] 
Committee on Science, Space, and Technology of the House of 
Representatives.

Sec. 50704. Authorization of appropriations

    There is authorized to be appropriated to the Secretary of 
Commerce to carry out this chapter $10,000,000 for each of 
fiscal years 2020 through 2024.

           *       *       *       *       *       *       *


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. 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;
          (2) if an application for a license or permit under 
        this chapter includes launch or reentry at a Defense 
        range, coordinate with the Secretary of Defense, or 
        designee, to protect any national security interest 
        relevant to such activity, including any necessary 
        mitigation measure to protect Department of Defense 
        property and personnel;
          [(1)] (3) encourage, facilitate, and promote 
        commercial space launches and reentries by the private 
        sector, including those involving space flight 
        participants; and
          [(2)] (4) 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.

           *       *       *       *       *       *       *


Sec. 50904. Restrictions on launches, operations, and reentries

  (a) * * *
  (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.
  (b) * * *
  (e) Use of Existing Authorities.--
          (1) In general.--The Secretary shall use existing 
        authorities, including waivers and safety approvals, as 
        appropriate, to make more efficient use of resources, 
        reduce the regulatory burden for an applicant under 
        this section, and promote commercial space launch and 
        reentry.
          (2) Expediting safety approvals.--The Secretary shall 
        expedite the processing of safety approvals that would 
        reduce risks to health or safety during launch and 
        reentry.

Sec. 50906. Experimental permits

  (a) * * *
  (j) Use of Existing Authorities.--
          (1) In general.--The Secretary shall use existing 
        authorities, including waivers and safety approvals, as 
        appropriate, to make more efficient use of resources, 
        reduce the regulatory burden for an applicant under 
        this section, and promote commercial space launch and 
        reentry.
          (2) Expediting safety approvals.--The Secretary shall 
        expedite the processing of safety approvals that would 
        reduce risks to health or safety during launch and 
        reentry.

           *       *       *       *       *       *       *


Sec. 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.

                         subchapter ii--landsat

60111. Landsat Program Management.
60112. Transfer of Landsat 6 program responsibilities.
60113. Data policy for Landsat 7.

   [subchapter iii--licensing of private remote sensing space systems]

[60121. General licensing authority.]
[60122. Conditions for operation.]
[60123. Administrative authority of Secretary.]
[60124. Regulatory authority of Secretary.]
[60125. Agency activities.]
[60126. Annual reports.]

   subchapter iii--authorization of nongovernmental earth observation 
                               activities

60121. Purposes.
60122. General authority.
60123. Administrative authority of Secretary.
60124. Authorization to conduct nongovernmental Earth observation 
          activities.
60125. Annual reports.
60126. Regulations.
60127. Relationship to other executive agencies and laws.
     * * * * * * *

                         SUBCHAPTER I--GENERAL

Sec. 60101. Definitions

  In this chapter:
          (1) * * *
          (4) Earth observation activity.--The term ``Earth 
        observation activity'' means a space activity the 
        primary purpose of which is to collect data that can be 
        processed into imagery of the Earth or of man-made 
        objects orbiting the Earth.
          [(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 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;
          (3) to ensure consistency with international 
        obligations of the United States; and
          (4) to promote the leadership, industrial innovation, 
        and international competitiveness of the United States.

Sec. 60122. General authority

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

Sec. 60123. Administrative authority of Secretary

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

Sec. 60124. Authorization to conduct nongovernmental Earth observation 
                    activities

  (a) Requirement.--No person may conduct any nongovernmental 
Earth observation activity without an authorization issued 
under this subchapter.
  (b) Waivers.--
          (1) In general.--The Secretary, in consultation with 
        the Secretary of Defense, the Director of National 
        Intelligence, and the head of such other Federal agency 
        as the Secretary considers appropriate, may waive a 
        requirement under this subchapter for a nongovernmental 
        Earth observation activity, or for a type or class of 
        nongovernmental Earth observation activities, if the 
        Secretary decides that granting a waiver is consistent 
        with section 60121.
          (2) Standards.--Not later than 120 days after the 
        date of the enactment of the Space Frontier Act of 
        2019, the Secretary shall establish standards, in 
        consultation with the Secretary of Defense and the head 
        of such other Federal agency as the Secretary considers 
        appropriate, for determining de minimis Earth 
        observation activities that would be eligible for a 
        waiver under paragraph (1).
  (c) Coverage of Authorization.--The Secretary shall, to the 
maximum extent practicable, require a single authorization for 
a person--
          (1) to conduct multiple Earth observation activities 
        using a single space object;
          (2) to operate multiple space objects carrying out 
        substantially similar Earth observation activities; or
          (3) to use multiple space objects to carry out a 
        single Earth observation activity.
  (d) Application.--
          (1) In general.--A person seeking an authorization 
        under this subchapter shall submit an application to 
        the Secretary at such time, in such manner, and 
        containing such information as the Secretary may 
        require for the purposes described in section 60121, 
        including--
                  (A) a description of the proposed Earth 
                observation activity, including--
                          (i) a physical and functional 
                        description of each space object;
                          (ii) the orbital characteristics of 
                        each space object, including altitude, 
                        inclination, orbital period, and 
                        estimated operational lifetime; and
                          (iii) a list of the names of all 
                        persons that have or will have direct 
                        operational or financial control of the 
                        Earth observation activity;
                  (B) a plan to prevent orbital debris 
                consistent with the 2001 United States Orbital 
                Debris Mitigation Standard Practices or any 
                subsequent revision thereof; and
                  (C) a description of the capabilities of each 
                instrument to be used to observe the Earth in 
                the conduct of the Earth observation activity.
          (2) Application status.--Not later than 14 days after 
        the date on which an application is received, the 
        Secretary shall make a determination whether the 
        application is complete or incomplete and notify the 
        applicant of that determination, including, if 
        incomplete, the reason the application is incomplete.
  (e) Review.--
          (1) In general.--Not later than 90 days after the 
        date on which the Secretary makes a determination under 
        subsection (d)(2) that an application is complete, the 
        Secretary shall review all information provided in that 
        application and, subject to the provisions of this 
        subsection, notify the applicant in writing whether the 
        application was approved, with or without conditions, 
        or denied.
          (2) Approvals.--The Secretary shall approve an 
        application under this subsection if the Secretary 
        determines that--
                  (A) the Earth observation activity is 
                consistent with the purposes described in 
                section 60121; and
                  (B) the applicant is in compliance, and will 
                continue to comply, with this subchapter, 
                including regulations.
          (3) Denials.--
                  (A) In general.--If an application under this 
                subsection is denied, the Secretary--
                          (i) shall include in the notification 
                        under paragraph (1)--
                                  (I) a reason for the denial; 
                                and
                                  (II) a description of each 
                                deficiency, including guidance 
                                on how to correct the 
                                deficiency;
                          (ii) shall sign the notification 
                        under paragraph (1);
                          (iii) may not delegate the duty under 
                        clause (ii); and
                          (iv) shall submit to the Committee on 
                        Commerce, Science, and Transportation 
                        of the Senate and the Committee on 
                        Science, Space, and Technology of the 
                        House of Representatives a copy of the 
                        notification.
                  (B) Interagency review.--Not later than 3 
                days after the date on which the Secretary 
                makes a determination under subsection (d)(2) 
                that an application is complete, the Secretary 
                shall consult with the head of each Federal 
                department and agency described in section 
                60122(b) and if any head of such Federal 
                department or agency does not support approving 
                the application--
                          (i) that head of another Federal 
                        department or agency--
                                  (I) not later than 60 days 
                                after the date on which such 
                                consultation occurs, shall 
                                notify the Secretary, in 
                                writing, of the reason for 
                                withholding support, including 
                                a description of each 
                                deficiency and guidance on how 
                                to correct the deficiency;
                                  (II) shall sign the 
                                notification under subclause 
                                (I); and
                                  (III) may not delegate the 
                                duty under subclause (II), 
                                except the Secretary of Defense 
                                may delegate the duty under 
                                subclause (II) to an Under 
                                Secretary of Defense; and
                          (ii) subject to all applicable laws, 
                        the Secretary shall include the 
                        notification under clause (i) in the 
                        notification under paragraph (1), 
                        including classified information if--
                                  (I) the Secretary of Defense 
                                or the Director of National 
                                Intelligence, as appropriate, 
                                determines that disclosure of 
                                the classified information is 
                                appropriate; and
                                  (II) the applicant has the 
                                required security clearance for 
                                the 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 on which a corrected 
                        application under clause (i)(II) is 
                        received, make a determination whether 
                        to approve the application or not, in 
                        consultation with--
                                  (I) each head of another 
                                Federal department or agency 
                                that submitted a notification 
                                under subparagraph (B); and
                                  (II) the head of such other 
                                Federal department or agency as 
                                the Secretary considers 
                                necessary.
                  (F) Improper basis for denial.--
                          (i) Competition.--The Secretary shall 
                        not deny an application under this 
                        subsection in order to protect any 
                        existing Earth observation activity 
                        from competition.
                          (ii) Capabilities.--The Secretary 
                        shall not, to the maximum extent 
                        practicable, deny an application under 
                        this subsection based solely on the 
                        capabilities of the Earth observation 
                        activity if those capabilities--
                                  (I) are commercially 
                                available; or
                                  (II) are reasonably expected 
                                to be made commercially 
                                available, not later than 3 
                                years after the date of the 
                                application, in the 
                                international or domestic 
                                marketplace.
                          (iii) Applicability.--The prohibition 
                        under clause (ii)(II) shall apply 
                        whether the marketplace products and 
                        services originate from the operation 
                        of aircraft, uncrewed aircraft, or 
                        other platforms or technical means or 
                        are assimilated from a variety of data 
                        sources.
          (4) Deadline.--If the Secretary does not notify an 
        applicant in writing before the applicable deadline 
        under paragraph (1), the Secretary shall, not later 
        than 1 business day after the date of the applicable 
        deadline, notify the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Science, Space, and Technology of the House of 
        Representatives of the status of the application, 
        including the reason the deadline was not met.
          (5) Expedited review process.--Subject to paragraph 
        (2) and section 60122(b), the Secretary may modify the 
        requirements under this subsection, as the Secretary 
        considers appropriate, to expedite the review of an 
        application that seeks to conduct an Earth observation 
        activity that is substantially similar to an Earth 
        observation activity already licensed under this 
        subchapter.
  (f) Additional Requirements.--An authorization issued under 
this subchapter shall require the authorized person--
          (1) to be in compliance with this subchapter;
          (2) to notify the Secretary of any significant change 
        in the information contained in the application; and
          (3) to make available to the government of any 
        country, including the United States, unenhanced data 
        collected by the Earth observation system concerning 
        the territory under the jurisdiction of that government 
        as soon as such data are available and on reasonable 
        commercial terms and conditions.
  (g) Prohibition on Retroactive Conditions.--
          (1) In general.--Except as provided in paragraph (3), 
        the Secretary may not modify any condition on, or add 
        any condition to, an authorization under this 
        subchapter after the date of the authorization.
          (2) Rule of construction.--Nothing in this section 
        shall be constructed to prohibit the Secretary from 
        removing a condition on an authorization under this 
        subchapter.
          (3) Interagency review.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (E), the Secretary or the head of a Federal 
                department or agency described in section 
                60122(b) may, without delegation, propose the 
                modification or addition of a condition to an 
                authorization under this subchapter after the 
                date of the authorization.
                  (B) Consultation requirement.--Prior to 
                making the modification or addition under 
                subparagraph (A), the Secretary or the 
                applicable head of the Federal department or 
                agency shall consult with the head of each of 
                the other Federal departments and agencies 
                described in section 60122(b) and if any head 
                of such Federal department or agency does not 
                support such modification or addition that head 
                of another Federal department or agency--
                          (i) not later than 60 days after the 
                        date on which the consultation occurs, 
                        shall notify the Secretary, in writing, 
                        of the reason for withholding support;
                          (ii) shall sign the notification 
                        under clause (i); and
                          (iii) may not delegate the duty under 
                        clause (ii).
                  (C) Interagency assents.--If the head of 
                another Federal department or agency does not 
                notify the Secretary under subparagraph (B)(i) 
                within the time specified in that subparagraph, 
                that head of another Federal department or 
                agency shall be deemed to have assented to the 
                modification or addition under subparagraph 
                (A).
                  (D) Interagency dissents.--If the head of a 
                Federal department or agency described in 
                subparagraph (A) disagrees with the Secretary 
                or the head of another Federal department or 
                agency described in subparagraph (A) with 
                respect to such modification or addition under 
                this paragraph, the Secretary shall submit the 
                matter to the President, who shall resolve the 
                dispute.
                  (E) Notice.--Prior to making a modification 
                or addition under subparagraph (A), the 
                Secretary or the head of the Federal department 
                or agency, as applicable, shall--
                          (i) provide notice to the licensee of 
                        the reason for the proposed 
                        modification or addition, including, if 
                        applicable, a description of any 
                        deficiency and guidance on how to 
                        correct the deficiency; and
                          (ii) provide the licensee a 
                        reasonable opportunity to correct a 
                        deficiency identified in clause (i).

Sec. 60125. Annual reports

  (a) In General.--Not later than 180 days after the date of 
the enactment of the Space Frontier Act of 2019, and annually 
thereafter, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Science, Space, and Technology of the House of 
Representatives a report on the progress in implementing this 
subchapter, including--
          (1) a list of all applications received or pending in 
        the previous calendar year and the status of each such 
        application;
          (2) notwithstanding paragraph (4) of section 
        60124(e), a list of all applications, in the previous 
        calendar year, for which the Secretary missed the 
        deadline under paragraph (1) of that section, including 
        the reasons the deadline was not met; and
          (3) a description of all actions taken by the 
        Secretary under the administrative authority granted 
        under section 60123.
  (b) Classified Annexes.--Each report under subsection (a) may 
include classified annexes as necessary to protect the 
disclosure of sensitive or classified information.
  (c) Cessation of Effectiveness.--This section ceases to be 
effective September 30, 2021.

Sec. 60126. Regulations

  The Secretary may promulgate regulations to implement this 
subchapter.

Sec. 60127. Relationship to other executive agencies and laws

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

           *       *       *       *       *       *       *


[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.

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SUBTITLE VII--ACCESS TO SPACE

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CHAPTER 709--INTERNATIONAL SPACE STATION

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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.

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT, FISCAL 
                               YEAR 1993


                         [51 U.S.C. 50702 note]

SEC. 218. SPACE COOPERATION WITH THE FORMER SOVIET REPUBLICS.

  (a) * * *
  (c) Role of the [Office] Bureau of Space Commerce.--The 
[Office] Bureau of Space Commerce of the Department of Commerce 
is authorized and encouraged to conduct trade missions to 
appropriate independent states of the former Soviet Union for 
the purpose of familiarizing United States aerospace industry 
representatives with space hardware, space technologies, and 
space services that may be available from the independent 
states, and with the business practices and overall business 
climate in the independent states. The [Office] Bureau of Space 
Commerce shall also advise the Administrator as to the impact 
on United States industry of each potential acquisition of 
space hardware, space technology, or space services from the 
independent states of the former Soviet Union, specifically 
including any anticompetitive issues the [Office] Bureau may 
observe

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2010


                          [42 U.S.C. 18351(a)]

SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION.

  (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.

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

  (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.

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SEC. 504. MANAGEMENT OF THE ISS NATIONAL LABORATORY

  (a) * * *
  (d) Research Capacity Allocation and Integration of Research 
Payload.--
          (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 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 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 and the official or employee 
        designated under subsection (b).

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            U.S. COMMERCIAL SPACE LAUNCH COMPETITIVENESS ACT


        [Public Law 114-90; 129 Stat. 704; 51 U.S.C. 50918 note]

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

  (a) Short Title.--This Act may be cited as the ``U.S. 
Commercial Space Launch Competitiveness Act''.
  (b) Table of Contents.--The table of contents of this Act is 
as follows:
Sec. 1. Short title; table of contents; references.

         TITLE I--SPURRING PRIVATE AEROSPACE COMPETITIVENESS AND 
                            ENTREPRENEURSHIP

Sec. 101. Short title.
Sec. 102. International launch competitiveness.
Sec. 103. Indemnification for space flight participants.
Sec. 104. Launch license flexibility.
Sec. 105. Licensing report.
Sec. 106. Federal jurisdiction.
Sec. 107. Cross waivers.
Sec. 108. Space authority.
Sec. 109. Orbital traffic management.
Sec. 110. Space surveillance and situational awareness data.
Sec. 111. Consensus standards and extension of certain safety regulation 
          requirements.
Sec. 112. Government astronauts.
[Sec. 113. Streamline commercial space launch activities.]
Sec. 114. Operation and utilization of the ISS.
Sec. 115. State commercial launch facilities.
Sec. 116. Space support vehicles study.
Sec. 117. Space launch system update.

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[SEC. 113. STREAMLINE COMMERCIAL SPACE LAUNCH ACTIVITIES.

                         [51 U.S.C. 50918 note]

  [(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.]

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