II 

Calendar No. 323 

116TH CONGRESS 

1ST SESSION S. 919 

[Report No. 116–172] 

To reduce regulatory burdens and streamline processes related to commercial 

space activities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2019 

Mr. CRUZ (for himself, Ms. SINEMA, Mr. MARKEY, Mr. WICKER, Mr. PETERS, 

and Mr. SCOTT of Florida) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

DECEMBER 11, 2019 

Reported by Mr. WICKER, without amendment 

A BILL 

To reduce regulatory burdens and streamline processes 

related to commercial space activities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Space Frontier Act of 2019’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—STREAMLINING OVERSIGHT OF LAUNCH AND REENTRY 

ACTIVITIES 

Sec. 101. Office of Commercial Space Transportation. 

Sec. 102. Use of existing authorities. 

Sec. 103. Experimental permits. 

Sec. 104. Government-developed space technology. 

Sec. 105. Regulatory reform. 

Sec. 106. Secretary of Transportation oversight and coordination of commercial 

launch and reentry operations. 

Sec. 107. Study on joint use of spaceports. 

Sec. 108. Airspace integration report. 

TITLE II—STREAMLINING OVERSIGHT OF NONGOVERNMENTAL 

EARTH OBSERVATION ACTIVITIES 

Sec. 201. Nongovernmental Earth observation activities. 

Sec. 202. Radio-frequency mapping report. 

TITLE III—MISCELLANEOUS 

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

Sec. 302. Maintaining a national laboratory in space. 

Sec. 303. Presence in low-Earth orbit. 

Sec. 304. Continuation of the ISS. 

Sec. 305. United States policy on orbital debris. 

Sec. 306. Low-Earth orbit commercialization program. 

Sec. 307. Bureau of Space Commerce. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) ISS.—The term ‘‘ISS’’ means the Inter6 national Space Station. 

7 (2) NASA.—The term ‘‘NASA’’ means the Na8 tional Aeronautics and Space Administration. 

9 (3) NOAA.—The term ‘‘NOAA’’ means the Na10 tional Oceanic and Atmospheric Administration. 


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1 TITLE I—STREAMLINING OVER2 SIGHT OF LAUNCH AND RE3 ENTRY ACTIVITIES 

4 SEC. 101. OFFICE OF COMMERCIAL SPACE TRANSPOR5 TATION. 

6 (a) IN GENERAL.—Section 50921 of title 51, United 

7 States Code, is amended— 

8 (1) by inserting ‘‘(b) AUTHORIZATION OF AP9 PROPRIATIONS.—’’ before ‘‘There’’ and indenting 

10 appropriately; and 

11 (2) by inserting before subsection (b), the fol12 lowing: 

13 ‘‘(a) ASSOCIATE ADMINISTRATOR FOR COMMERCIAL

14 SPACE TRANSPORTATION.—The Assistant Secretary for 

15 Commercial Space Transportation shall serve as the Asso16 ciate Administrator for Commercial Space Transpor17 tation.’’. 

18 (b) ESTABLISHMENT OF ASSISTANT SECRETARY FOR

19 COMMERCIAL SPACE TRANSPORTATION.—Section 

20 102(e)(1) of title 49, United States Code, is amended— 

21 (1) in the matter preceding subparagraph (A), 

22 by striking ‘‘6’’ and inserting ‘‘7’’; and 

23 (2) in subparagraph (A), by inserting ‘‘an As24 sistant Secretary for Commercial Space TransporVerDate Sep 11 2014 22:10 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S919.RS S919

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1 tation,’’ after ‘‘Assistant Secretary for Research and 

2 Technology,’’. 

3 SEC. 102. USE OF EXISTING AUTHORITIES. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the Secretary of Transportation should make 

6 use of existing authorities, including waivers and safety 

7 approvals, as appropriate, to protect the public, make 

8 more efficient use of resources, reduce the regulatory bur9 den for an applicant for a commercial space launch or re10 entry license or experimental permit, and promote com11 mercial space launch and reentry. 

12 (b) LICENSE APPLICATIONS AND REQUIREMENTS.— 

13 Section 50905 of title 51, United States Code, is amend14 ed— 

15 (1) in subsection (a)— 

16 (A) by amending paragraph (1) to read as 

17 follows: 

18 ‘‘(1) IN GENERAL.— 

19 ‘‘(A) APPLICATIONS.—A person may apply 

20 to the Secretary of Transportation for a license 

21 or transfer of a license under this chapter in 

22 the form and way the Secretary prescribes. 

23 ‘‘(B) DECISIONS.—Consistent with the 

24 public health and safety, safety of property, and 

25 national security and foreign policy interests of 


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1 the United States, the Secretary, not later than 

2 the applicable deadline described in subpara3 graph (C), shall issue or transfer a license if 

4 the Secretary decides in writing that the appli5 cant complies, and will continue to comply, with 

6 this chapter and regulations prescribed under 

7 this chapter. 

8 ‘‘(C) APPLICABLE DEADLINE.—The appli9 cable deadline described in this subparagraph 

10 shall be— 

11 ‘‘(i) for an applicant that was or is a 

12 holder of any license under this chapter, 

13 not later than 90 days after accepting an 

14 application in accordance with criteria es15 tablished pursuant to subsection (b)(2)(E); 

16 and 

17 ‘‘(ii) for a new applicant, not later 

18 than 180 days after accepting an applica19 tion in accordance with criteria established 

20 pursuant to subsection (b)(2)(E). 

21 ‘‘(D) NOTICE TO APPLICANTS.—The Sec22 retary shall inform the applicant of any pending 

23 issue and action required to resolve the issue if 

24 the Secretary has not made a decision not later 

25 than— 


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1 ‘‘(i) for an applicant described in sub2 paragraph (C)(i), 60 days after accepting 

3 an application in accordance with criteria 

4 established pursuant to subsection 

5 (b)(2)(E); and 

6 ‘‘(ii) for an applicant described in sub7 paragraph (C)(ii), 120 days after accepting 

8 an application in accordance with criteria 

9 established pursuant to subsection 

10 (b)(2)(E). 

11 ‘‘(E) NOTICE TO CONGRESS.—The Sec12 retary shall transmit to the Committee on Com13 merce, Science, and Transportation of the Sen14 ate and the Committee on Science, Space, and 

15 Technology of the House of Representatives a 

16 written notice not later than 30 days after any 

17 occurrence when the Secretary has not taken 

18 action on a license application within an appli19 cable deadline established by this subsection.’’; 

20 and 

21 (B) in paragraph (2)— 

22 (i) by inserting ‘‘PROCEDURES FOR

23 SAFETY APPROVALS.—’’ before ‘‘In car24 rying out’’; 


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1 (ii) by inserting ‘‘software,’’ after 

2 ‘‘services,’’; and 

3 (iii) by adding at the end the fol4 lowing: ‘‘Such safety approvals may be 

5 issued simultaneously with a license under 

6 this chapter.’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(e) USE OF EXISTING AUTHORITIES.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall use ex10 isting authorities, including waivers and safety ap11 provals, as appropriate, to make more efficient use 

12 of resources, reduce the regulatory burden for an ap13 plicant under this section, and promote commercial 

14 space launch and reentry. 

15 ‘‘(2) EXPEDITING SAFETY APPROVALS.—The 

16 Secretary shall expedite the processing of safety ap17 provals that would reduce risks to health or safety 

18 during launch and reentry.’’. 

19 (c) RESTRICTIONS ON LAUNCHES, OPERATIONS, AND

20 REENTRIES.—Section 50904 of title 51, United States 

21 Code, is amended by adding at the end the following: 

22 ‘‘(e) MULTIPLE SITES.—The Secretary may issue a 

23 single license or permit for an operator to conduct launch 

24 services and reentry services at multiple launch sites or 

25 reentry sites.’’. 


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1 SEC. 103. EXPERIMENTAL PERMITS. 

2 Section 50906 of title 51, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(j) USE OF EXISTING AUTHORITIES.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall use ex6 isting authorities, including waivers and safety ap7 provals, as appropriate, to make more efficient use 

8 of resources, reduce the regulatory burden for an ap9 plicant under this section, and promote commercial 

10 space launch and reentry. 

11 ‘‘(2) EXPEDITING SAFETY APPROVALS.—The 

12 Secretary shall expedite the processing of safety ap13 provals that would reduce risks to health or safety 

14 during launch and reentry.’’. 

15 SEC. 104. GOVERNMENT-DEVELOPED SPACE TECHNOLOGY. 

16 Section 50901(b)(2)(B) of title 51, United States 

17 Code, is amended by striking ‘‘and encouraging’’. 

18 SEC. 105. REGULATORY REFORM. 

19 (a) DEFINITIONS.—The definitions set forth in sec20 tion 50902 of title 51, United States Code, shall apply 

21 to this section. 

22 (b) FINDINGS.—Congress finds that the commercial 

23 space launch regulatory environment has at times impeded 

24 the United States commercial space launch sector in its 

25 innovation of launch technologies, reusable launch and reVerDate Sep 11 2014 22:10 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S919.RS S919

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1 entry vehicles, and other areas related to commercial 

2 launches and reentries. 

3 (c) REGULATORY IMPROVEMENTS FOR COMMERCIAL

4 SPACE LAUNCH ACTIVITIES.— 

5 (1) IN GENERAL.—Not later than February 1, 

6 2020, the Secretary of Transportation shall issue a 

7 final rule to revise any regulations under chapter 

8 509, United States Code, as the Secretary considers 

9 necessary to meet the objective of this section. 

10 (2) OBJECTIVE.—The objective of this section 

11 is to establish, consistent with the purposes de12 scribed in section 50901(b) of title 51, United States 

13 Code, a regulatory regime for commercial space 

14 launch activities under chapter 509 that— 

15 (A) creates, to the extent practicable, re16 quirements applicable both to expendable 

17 launch and reentry vehicles and to reusable 

18 launch and reentry vehicles; 

19 (B) is neutral with regard to the specific 

20 technology utilized in a launch, a reentry, or an 

21 associated safety system; 

22 (C) protects the health and safety of the 

23 public; 

24 (D) establishes clear, high-level perform25 ance requirements; 


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1 (E) encourages voluntary, industry tech2 nical standards that complement the high-level 

3 performance requirements established under 

4 subparagraph (D); and 

5 (F) facilitates and encourages appropriate 

6 collaboration between the commercial space 

7 launch and reentry sector and the Department 

8 of Transportation with respect to the require9 ments under subparagraph (D) and the stand10 ards under subparagraph (E). 

11 (d) CONSULTATION.—In revising the regulations 

12 under subsection (c), the Secretary of Transportation shall 

13 consult with the following: 

14 (1) The Secretary of Defense. 

15 (2) The Administrator of NASA. 

16 (3) Such members of the commercial space 

17 launch and reentry sector as the Secretary of Trans18 portation considers appropriate to ensure adequate 

19 representation across industry. 

20 (e) REPORT.— 

21 (1) IN GENERAL.—Not later than 60 days after 

22 the date of the enactment of this Act, the Secretary 

23 of Transportation, in consultation with the persons 

24 described in subsection (d), shall submit to the Com25 mittee on Commerce, Science, and Transportation of 


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1 the Senate and the Committee on Science, Space, 

2 and Technology and the Committee on Transpor3 tation and Infrastructure of the House of Represent4 atives a report on the progress in carrying out this 

5 section. 

6 (2) CONTENTS.—The report shall include— 

7 (A) milestones and a schedule to meet the 

8 objective of this section; 

9 (B) a description of any Federal agency re10 sources necessary to meet the objective of this 

11 section; 

12 (C) recommendations for legislation that 

13 would expedite or improve the outcomes under 

14 subsection (c); and 

15 (D) a plan for ongoing consultation with 

16 the persons described in subsection (d). 

17 SEC. 106. SECRETARY OF TRANSPORTATION OVERSIGHT 

18 AND COORDINATION OF COMMERCIAL 

19 LAUNCH AND REENTRY OPERATIONS. 

20 (a) OVERSIGHT AND COORDINATION.— 

21 (1) IN GENERAL.—The Secretary of Transpor22 tation, in accordance with the findings under section 

23 1617 of the National Defense Authorization Act for 

24 Fiscal Year 2016 (51 U.S.C. 50918 note) and sub25 ject to section 50905(b)(2)(C) of title 51, United 


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1 States Code, shall take such action as may be nec2 essary to consolidate or modify the requirements 

3 across Federal agencies identified in section 

4 1617(c)(1)(A) of that Act into a single application 

5 set that satisfies those requirements and expedites 

6 the coordination of commercial launch and reentry 

7 services. 

8 (2) CHAPTER 509.— 

9 (A) PURPOSES.—Section 50901(b)(3) of 

10 title 51, United States Code, is amended by in11 serting ‘‘all’’ before ‘‘commercial launch and re12 entry operations’’. 

13 (B) GENERAL AUTHORITY.—Section 

14 50903(b) of title 51, United States Code, is 

15 amended— 

16 (i) by redesignating paragraphs (1) 

17 and (2) as paragraphs (3) and (4), respec18 tively; and 

19 (ii) by inserting before paragraph (3), 

20 as redesignated, the following: 

21 ‘‘(1) consistent with this chapter, authorize, li22 cense, and oversee the conduct of all commercial 

23 launch and reentry operations, including any com24 mercial launch or commercial reentry at a Federal 

25 range; 


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1 ‘‘(2) if an application for a license or permit 

2 under this chapter includes launch or reentry at a 

3 Defense range, coordinate with the Secretary of De4 fense, or designee, to protect any national security 

5 interest relevant to such activity, including any nec6 essary mitigation measure to protect Department of 

7 Defense property and personnel;’’. 

8 (3) EFFECTIVE DATE.—This subsection takes 

9 effect on the date on which the final rule under sec10 tion 105(c) is published in the Federal Register. 

11 (b) RULES OF CONSTRUCTION.—Nothing in this Act, 

12 or the amendments made by this Act, may be construed 

13 to affect— 

14 (1) section 1617 of the National Defense Au15 thorization Act for Fiscal Year 2016 (51 U.S.C. 

16 50918 note); or 

17 (2) the authority of the Secretary of Defense as 

18 it relates to safety and security related to launch or 

19 reentry at a Defense range. 

20 (c) TECHNICAL AMENDMENT; REPEAL REDUNDANT

21 LAW.—Section 113 of the U.S. Commercial Space Launch 

22 Competitiveness Act (Public Law 114–90; 129 Stat. 704; 

23 51 U.S.C. 50918 note) and the item relating to that sec24 tion in the table of contents under section 1(b) of that 

25 Act are repealed. 


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1 SEC. 107. STUDY ON JOINT USE OF SPACEPORTS. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of the enactment of this Act— 

4 (1) the Secretary of Transportation shall, in 

5 consultation with the Secretary of Defense, conduct 

6 a study on the current process the Government uses 

7 to provide or permit the joint use of United States 

8 military installations for licensed nongovernmental 

9 space launch and reentry activities, space-related ac10 tivities, and space transportation services by United 

11 States commercial providers; and 

12 (2) submit the results of the study to the Com13 mittee on Commerce, Science, and Transportation 

14 and the Committee on Armed Services of the Senate 

15 and the Committee on Science, Space, and Tech16 nology and the Committee on Armed Services of the 

17 House of Representatives. 

18 (b) CONSIDERATIONS.—In conducting the study re19 quired by subsection (a), the Secretary of Transportation 

20 shall consider the following: 

21 (1) Improvements that could be made to the 

22 current process the Government uses to provide or 

23 permit the joint use of United States military instal24 lations for licensed nongovernmental space launch 

25 and reentry activities, space-related activities, and 


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1 space transportation services by United States com2 mercial providers. 

3 (2) Means to facilitate the ability for a military 

4 installation to request that the Secretary of Trans5 portation consider the military installation as a site 

6 to provide or permit the licensed nongovernmental 

7 space launch and reentry activities, space-related ac8 tivities, and space transportation services by United 

9 States commercial providers. 

10 (3) The feasibility of increasing the number of 

11 military installations that provide or are permitted 

12 to be utilized for licensed nongovernmental space 

13 launch and reentry activities, space-related activities, 

14 and space transportation services by United States 

15 commercial providers. 

16 (4) The importance of the use of safety approv17 als of launch vehicles, reentry vehicles, space trans18 portation vehicles, safety systems, processes, serv19 ices, or personnel (including approval procedures for 

20 the purpose of protecting the health and safety of 

21 crew, Government astronauts, and space flight par22 ticipants), to the extent permitted that may be used 

23 in conducting licensed commercial space launch, re24 entry activities, and space transportation services at 

25 installations. 


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1 SEC. 108. AIRSPACE INTEGRATION REPORT. 

2 (a) IN GENERAL.—Not later than 90 days after the 

3 date of the enactment of this Act, the Secretary of Trans4 portation shall— 

5 (1) identify and review the current policies and 

6 tools used to integrate launch and reentry (as those 

7 terms are defined in section 50902 of title 51, 

8 United States Code) into the national airspace sys9 tem; 

10 (2) consider whether the policies and tools iden11 tified in paragraph (1) need to be updated to more 

12 efficiently and safely manage the national airspace 

13 system; and 

14 (3) submit to the appropriate committees of 

15 Congress a report on the findings under paragraphs 

16 (1) and (2), including recommendations for how to 

17 more efficiently and safely manage the national air18 space system. 

19 (b) CONSULTATION.—In conducting the review under 

20 subsection (a), the Secretary shall consult with such mem21 bers of the commercial space launch and reentry sector 

22 and commercial aviation sector as the Secretary considers 

23 appropriate to ensure adequate representation across 

24 those industries. 


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1 (c) DEFINITION OF APPROPRIATE COMMITTEES OF

2 CONGRESS.—In this section, the term ‘‘appropriate com3 mittees of Congress’’ means— 

4 (1) the Committee on Commerce, Science, and 

5 Transportation of the Senate; 

6 (2) the Committee on Science, Space, and 

7 Technology of the House of Representatives; and 

8 (3) the Committee on Transportation and In9 frastructure of the House of Representatives. 

10 TITLE II—STREAMLINING OVER11 SIGHT OF NONGOVERNMENT12 AL EARTH OBSERVATION AC13 TIVITIES 

14 SEC. 201. NONGOVERNMENTAL EARTH OBSERVATION AC15 TIVITIES. 

16 (a) LICENSING OF NONGOVERNMENTAL EARTH OB17 SERVATION ACTIVITIES.—Chapter 601 of title 51, United 

18 States Code, is amended— 

19 (1) in section 60101— 

20 (A) by amending paragraph (12) to read 

21 as follows: 

22 ‘‘(12) UNENHANCED DATA.—The term ‘unen23 hanced data’ means signals or imagery products 

24 from Earth observation activities that are unproc25 essed or subject only to data preprocessing.’’; 


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1 (B) by redesignating paragraphs (11), 

2 (12), and (13) as paragraphs (15), (18), and 

3 (19), respectively, and moving the paragraphs 

4 so as to appear in numerical order; 

5 (C) by redesignating paragraphs (4) 

6 through (10) as paragraphs (5) through (11), 

7 respectively; 

8 (D) by inserting after paragraph (3), the 

9 following: 

10 ‘‘(4) EARTH OBSERVATION ACTIVITY.—The 

11 term ‘Earth observation activity’ means a space ac12 tivity the primary purpose of which is to collect data 

13 that can be processed into imagery of the Earth or 

14 of man-made objects orbiting the Earth.’’; 

15 (E) by inserting after paragraph (11), as 

16 redesignated, the following: 

17 ‘‘(12) NONGOVERNMENTAL EARTH OBSERVA18 TION ACTIVITY.—The term ‘nongovernmental Earth 

19 observation activity’ means an Earth observation ac20 tivity of a person other than— 

21 ‘‘(A) the United States Government; or 

22 ‘‘(B) a Government contractor or subcon23 tractor if the Government contractor or subcon24 tractor is performing the activity for the Gov25 ernment. 


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1 ‘‘(13) ORBITAL DEBRIS.—The term ‘orbital de2 bris’ means any space object that is placed in space 

3 or derives from a space object placed in space by a 

4 person, remains in orbit, and no longer serves any 

5 useful function or purpose. 

6 ‘‘(14) PERSON.—The term ‘person’ means a 

7 person (as defined in section 1 of title 1) subject to 

8 the jurisdiction or control of the United States.’’; 

9 and 

10 (F) by inserting after paragraph (15), as 

11 redesignated, the following: 

12 ‘‘(16) SPACE ACTIVITY.— 

13 ‘‘(A) IN GENERAL.—The term ‘space activ14 ity’ means any activity that is conducted in 

15 space. 

16 ‘‘(B) INCLUSIONS.—The term ‘space activ17 ity’ includes any activity conducted on a celes18 tial body, including the Moon. 

19 ‘‘(C) EXCLUSIONS.—The term ‘space activ20 ity’ does not include any activity that is con21 ducted entirely on board or within a space ob22 ject and does not affect another space object. 

23 ‘‘(17) SPACE OBJECT.—The term ‘space object’ 

24 means any object, including any component of that 

25 object, that is launched into space or constructed in 


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1 space, including any object landed or constructed on 

2 a celestial body, including the Moon.’’; 

3 (2) by amending subchapter III to read as fol4 lows: 

5 ‘‘SUBCHAPTER III—AUTHORIZATION OF NON6 GOVERNMENTAL EARTH OBSERVATION AC7 TIVITIES 

8 ‘‘§ 60121. Purposes 

9 ‘‘The purposes of this subchapter are— 

10 ‘‘(1) to prevent, to the extent practicable, harm11 ful interference to space activities by nongovern12 mental Earth observation activities; 

13 ‘‘(2) to manage risk and prevent harm to 

14 United States national security; 

15 ‘‘(3) to ensure consistency with international 

16 obligations of the United States; and 

17 ‘‘(4) to promote the leadership, industrial inno18 vation, and international competitiveness of the 

19 United States. 

20 ‘‘§ 60122. General authority 

21 ‘‘(a) IN GENERAL.—The Secretary shall carry out 

22 this subchapter. 

23 ‘‘(b) FUNCTIONS.—In carrying out this subchapter, 

24 the Secretary shall consult with— 

25 ‘‘(1) the Secretary of Defense; 


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1 ‘‘(2) the Director of National Intelligence; and 

2 ‘‘(3) the head of such other Federal department 

3 or agency as the Secretary considers necessary. 

4 ‘‘§ 60123. Administrative authority of Secretary 

5 ‘‘(a) FUNCTIONS.—In order to carry out the respon6 sibilities specified in this subchapter, the Secretary may— 

7 ‘‘(1) grant, condition, or transfer licenses under 

8 this chapter; 

9 ‘‘(2) seek an order of injunction or similar judi10 cial determination from a district court of the 

11 United States with personal jurisdiction over the li12 censee to terminate, modify, or suspend licenses 

13 under this subchapter and to terminate licensed op14 erations on an immediate basis, if the Secretary de15 termines that the licensee has substantially failed to 

16 comply with any provisions of this chapter, with any 

17 terms, conditions, or restrictions of such license, or 

18 with any international obligations or national secu19 rity concerns of the United States; 

20 ‘‘(3) provide penalties for noncompliance with 

21 the requirements of licenses or regulations issued 

22 under this subchapter, including civil penalties not 

23 to exceed $10,000 (each day of operation in violation 

24 of such licenses or regulations constituting a sepa25 rate violation); 


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1 ‘‘(4) compromise, modify, or remit any such 

2 civil penalty; 

3 ‘‘(5) issue subpoenas for any materials, docu4 ments, or records, or for the attendance and testi5 mony of witnesses for the purpose of conducting a 

6 hearing under this section; 

7 ‘‘(6) seize any object, record, or report pursuant 

8 to a warrant from a magistrate based on a showing 

9 of probable cause to believe that such object, record, 

10 or report was used, is being used, or is likely to be 

11 used in violation of this chapter or the requirements 

12 of a license or regulation issued thereunder; and 

13 ‘‘(7) make investigations and inquiries and ad14 minister to or take from any person an oath, affir15 mation, or affidavit concerning any matter relating 

16 to the enforcement of this chapter. 

17 ‘‘(b) REVIEW OF AGENCY ACTION.—Any applicant or 

18 licensee that makes a timely request for review of an ad19 verse action pursuant to paragraph (1), (3), (5), or (6) 

20 of subsection (a) shall be entitled to adjudication by the 

21 Secretary on the record after an opportunity for any agen22 cy hearing with respect to such adverse action. Any final 

23 action by the Secretary under this subsection shall be sub24 ject to judicial review under chapter 7 of title 5. 


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1 ‘‘§ 60124. Authorization to conduct nongovernmental 

2 Earth observation activities 

3 ‘‘(a) REQUIREMENT.—No person may conduct any 

4 nongovernmental Earth observation activity without an 

5 authorization issued under this subchapter. 

6 ‘‘(b) WAIVERS.— 

7 ‘‘(1) IN GENERAL.—The Secretary, in consulta8 tion with the Secretary of Defense, the Director of 

9 National Intelligence, and the head of such other 

10 Federal agency as the Secretary considers appro11 priate, may waive a requirement under this sub12 chapter for a nongovernmental Earth observation ac13 tivity, or for a type or class of nongovernmental 

14 Earth observation activities, if the Secretary decides 

15 that granting a waiver is consistent with section 

16 60121. 

17 ‘‘(2) STANDARDS.—Not later than 120 days 

18 after the date of the enactment of the Space Fron19 tier Act of 2019, the Secretary shall establish stand20 ards, in consultation with the Secretary of Defense 

21 and the head of such other Federal agency as the 

22 Secretary considers appropriate, for determining de 

23 minimis Earth observation activities that would be 

24 eligible for a waiver under paragraph (1). 


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1 ‘‘(c) COVERAGE OF AUTHORIZATION.—The Secretary 

2 shall, to the maximum extent practicable, require a single 

3 authorization for a person— 

4 ‘‘(1) to conduct multiple Earth observation ac5 tivities using a single space object; 

6 ‘‘(2) to operate multiple space objects carrying 

7 out substantially similar Earth observation activities; 

8 or 

9 ‘‘(3) to use multiple space objects to carry out 

10 a single Earth observation activity. 

11 ‘‘(d) APPLICATION.— 

12 ‘‘(1) IN GENERAL.—A person seeking an au13 thorization under this subchapter shall submit an 

14 application to the Secretary at such time, in such 

15 manner, and containing such information as the Sec16 retary may require for the purposes described in sec17 tion 60121, including— 

18 ‘‘(A) a description of the proposed Earth 

19 observation activity, including— 

20 ‘‘(i) a physical and functional descrip21 tion of each space object; 

22 ‘‘(ii) the orbital characteristics of each 

23 space object, including altitude, inclination, 

24 orbital period, and estimated operational 

25 lifetime; and 


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1 ‘‘(iii) a list of the names of all persons 

2 that have or will have direct operational or 

3 financial control of the Earth observation 

4 activity; 

5 ‘‘(B) a plan to prevent orbital debris con6 sistent with the 2001 United States Orbital De7 bris Mitigation Standard Practices or any sub8 sequent revision thereof; and 

9 ‘‘(C) a description of the capabilities of 

10 each instrument to be used to observe the 

11 Earth in the conduct of the Earth observation 

12 activity. 

13 ‘‘(2) APPLICATION STATUS.—Not later than 14 

14 days after the date on which an application is re15 ceived, the Secretary shall make a determination 

16 whether the application is complete or incomplete 

17 and notify the applicant of that determination, in18 cluding, if incomplete, the reason the application is 

19 incomplete. 

20 ‘‘(e) REVIEW.— 

21 ‘‘(1) IN GENERAL.—Not later than 90 days 

22 after the date on which the Secretary makes a deter23 mination under subsection (d)(2) that an application 

24 is complete, the Secretary shall review all informa25 tion provided in that application and, subject to the 


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1 provisions of this subsection, notify the applicant in 

2 writing whether the application was approved, with 

3 or without conditions, or denied. 

4 ‘‘(2) APPROVALS.—The Secretary shall approve 

5 an application under this subsection if the Secretary 

6 determines that— 

7 ‘‘(A) the Earth observation activity is con8 sistent with the purposes described in section 

9 60121; and 

10 ‘‘(B) the applicant is in compliance, and 

11 will continue to comply, with this subchapter, 

12 including regulations. 

13 ‘‘(3) DENIALS.— 

14 ‘‘(A) IN GENERAL.—If an application 

15 under this subsection is denied, the Secretary— 

16 ‘‘(i) shall include in the notification 

17 under paragraph (1)— 

18 ‘‘(I) a reason for the denial; and 

19 ‘‘(II) a description of each defi20 ciency, including guidance on how to 

21 correct the deficiency; 

22 ‘‘(ii) shall sign the notification under 

23 paragraph (1); 

24 ‘‘(iii) may not delegate the duty under 

25 clause (ii); and 


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1 ‘‘(iv) shall submit to the Committee 

2 on Commerce, Science, and Transportation 

3 of the Senate and the Committee on 

4 Science, Space, and Technology of the 

5 House of Representatives a copy of the no6 tification. 

7 ‘‘(B) INTERAGENCY REVIEW.—Not later 

8 than 3 days after the date on which the Sec9 retary makes a determination under subsection 

10 (d)(2) that an application is complete, the Sec11 retary shall consult with the head of each Fed12 eral department and agency described in section 

13 60122(b) and if any head of such Federal de14 partment or agency does not support approving 

15 the application— 

16 ‘‘(i) that head of another Federal de17 partment or agency— 

18 ‘‘(I) not later than 60 days after 

19 the date on which such consultation 

20 occurs, shall notify the Secretary, in 

21 writing, of the reason for withholding 

22 support, including a description of 

23 each deficiency and guidance on how 

24 to correct the deficiency; 


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1 ‘‘(II) shall sign the notification 

2 under subclause (I); and 

3 ‘‘(III) may not delegate the duty 

4 under subclause (II), except the Sec5 retary of Defense may delegate the 

6 duty under subclause (II) to an Under 

7 Secretary of Defense; and 

8 ‘‘(ii) subject to all applicable laws, the 

9 Secretary shall include the notification 

10 under clause (i) in the notification under 

11 paragraph (1), including classified infor12 mation if— 

13 ‘‘(I) the Secretary of Defense or 

14 the Director of National Intelligence, 

15 as appropriate, determines that disclo16 sure of the classified information is 

17 appropriate; and 

18 ‘‘(II) the applicant has the re19 quired security clearance for the clas20 sified information. 

21 ‘‘(C) INTERAGENCY ASSENTS.—If the head 

22 of another Federal department or agency does 

23 not notify the Secretary under subparagraph 

24 (B)(i)(I) within the time specified in that sub25 paragraph, that head of another Federal deVerDate Sep 11 2014 22:10 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S919.RS S919

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1 partment or agency shall be deemed to have as2 sented to the application. 

3 ‘‘(D) INTERAGENCY DISSENTS.—If, during 

4 the review of an application under paragraph 

5 (1), a head of a Federal department or agency 

6 described in subparagraph (B) disagrees with 

7 the Secretary or the head of another Federal 

8 department or agency described in subpara9 graph (B) with respect to a deficiency under 

10 this subsection, the Secretary shall submit the 

11 matter to the President, who shall resolve the 

12 dispute before the applicable deadline under 

13 paragraph (1). 

14 ‘‘(E) DEFICIENCIES.—The Secretary 

15 shall— 

16 ‘‘(i) provide each applicant under this 

17 paragraph with a reasonable opportunity— 

18 ‘‘(I) to correct each deficiency 

19 identified under subparagraph 

20 (A)(i)(II); and 

21 ‘‘(II) to resubmit a corrected ap22 plication for reconsideration; and 

23 ‘‘(ii) not later than 30 days after the 

24 date of on which a corrected application 

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1 termination whether to approve the appli2 cation or not, in consultation with— 

3 ‘‘(I) each head of another Fed4 eral department or agency that sub5 mitted a notification under subpara6 graph (B); and 

7 ‘‘(II) the head of such other Fed8 eral department or agency as the Sec9 retary considers necessary. 

10 ‘‘(F) IMPROPER BASIS FOR DENIAL.— 

11 ‘‘(i) COMPETITION.—The Secretary 

12 shall not deny an application under this 

13 subsection in order to protect any existing 

14 Earth observation activity from competi15 tion. 

16 ‘‘(ii) CAPABILITIES.—The Secretary 

17 shall not, to the maximum extent prac18 ticable, deny an application under this sub19 section based solely on the capabilities of 

20 the Earth observation activity if those ca21 pabilities— 

22 ‘‘(I) are commercially available; 

23 or 

24 ‘‘(II) are reasonably expected to 

25 be made commercially available, not 


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1 later than 3 years after the date of 

2 the application, in the international or 

3 domestic marketplace. 

4 ‘‘(iii) APPLICABILITY.—The prohibi5 tion under clause (ii)(II) shall apply wheth6 er the marketplace products and services 

7 originate from the operation of aircraft, 

8 uncrewed aircraft, or other platforms or 

9 technical means or are assimilated from a 

10 variety of data sources. 

11 ‘‘(4) DEADLINE.—If the Secretary does not no12 tify an applicant in writing before the applicable 

13 deadline under paragraph (1), the Secretary shall, 

14 not later than 1 business day after the date of the 

15 applicable deadline, notify the Committee on Com16 merce, Science, and Transportation of the Senate 

17 and the Committee on Science, Space, and Tech18 nology of the House of Representatives of the status 

19 of the application, including the reason the deadline 

20 was not met. 

21 ‘‘(5) EXPEDITED REVIEW PROCESS.—Subject to 

22 paragraph (2) and section 60122(b), the Secretary 

23 may modify the requirements under this subsection, 

24 as the Secretary considers appropriate, to expedite 

25 the review of an application that seeks to conduct an 


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1 Earth observation activity that is substantially simi2 lar to an Earth observation activity already licensed 

3 under this subchapter. 

4 ‘‘(f) ADDITIONAL REQUIREMENTS.—An authoriza5 tion issued under this subchapter shall require the author6 ized person— 

7 ‘‘(1) to be in compliance with this subchapter; 

8 ‘‘(2) to notify the Secretary of any significant 

9 change in the information contained in the applica10 tion; and 

11 ‘‘(3) to make available to the government of 

12 any country, including the United States, unen13 hanced data collected by the Earth observation sys14 tem concerning the territory under the jurisdiction 

15 of that government as soon as such data are avail16 able and on reasonable commercial terms and condi17 tions. 

18 ‘‘(g) PROHIBITION ON RETROACTIVE CONDITIONS.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (3), the Secretary may not modify any condi21 tion on, or add any condition to, an authorization 

22 under this subchapter after the date of the author23 ization. 

24 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

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1 retary from removing a condition on an authoriza2 tion under this subchapter. 

3 ‘‘(3) INTERAGENCY REVIEW.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graphs (B) and (E), the Secretary or the head 

6 of a Federal department or agency described in 

7 section 60122(b) may, without delegation, pro8 pose the modification or addition of a condition 

9 to an authorization under this subchapter after 

10 the date of the authorization. 

11 ‘‘(B) CONSULTATION REQUIREMENT.— 

12 Prior to making the modification or addition 

13 under subparagraph (A), the Secretary or the 

14 applicable head of the Federal department or 

15 agency shall consult with the head of each of 

16 the other Federal departments and agencies de17 scribed in section 60122(b) and if any head of 

18 such Federal department or agency does not 

19 support such modification or addition that head 

20 of another Federal department or agency— 

21 ‘‘(i) not later than 60 days after the 

22 date on which the consultation occurs, 

23 shall notify the Secretary, in writing, of 

24 the reason for withholding support; 


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1 ‘‘(ii) shall sign the notification under 

2 clause (i); and 

3 ‘‘(iii) may not delegate the duty under 

4 clause (ii). 

5 ‘‘(C) INTERAGENCY ASSENTS.—If the head 

6 of another Federal department or agency does 

7 not notify the Secretary under subparagraph 

8 (B)(i) within the time specified in that subpara9 graph, that head of another Federal department 

10 or agency shall be deemed to have assented to 

11 the modification or addition under subpara12 graph (A). 

13 ‘‘(D) INTERAGENCY DISSENTS.—If the 

14 head of a Federal department or agency de15 scribed in subparagraph (A) disagrees with the 

16 Secretary or the head of another Federal de17 partment or agency described in subparagraph 

18 (A) with respect to such modification or addi19 tion under this paragraph, the Secretary shall 

20 submit the matter to the President, who shall 

21 resolve the dispute. 

22 ‘‘(E) NOTICE.—Prior to making a modi23 fication or addition under subparagraph (A), 

24 the Secretary or the head of the Federal de25 partment or agency, as applicable, shall— 


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1 ‘‘(i) provide notice to the licensee of 

2 the reason for the proposed modification or 

3 addition, including, if applicable, a descrip4 tion of any deficiency and guidance on how 

5 to correct the deficiency; and 

6 ‘‘(ii) provide the licensee a reasonable 

7 opportunity to correct a deficiency identi8 fied in clause (i). 

9 ‘‘§ 60125. Annual reports 

10 ‘‘(a) IN GENERAL.—Not later than 180 days after 

11 the date of the enactment of the Space Frontier Act of 

12 2019, and annually thereafter, the Secretary shall submit 

13 to the Committee on Commerce, Science, and Transpor14 tation of the Senate and the Committee on Science, Space, 

15 and Technology of the House of Representatives a report 

16 on the progress in implementing this subchapter, includ17 ing— 

18 ‘‘(1) a list of all applications received or pend19 ing in the previous calendar year and the status of 

20 each such application; 

21 ‘‘(2) notwithstanding paragraph (4) of section 

22 60124(e), a list of all applications, in the previous 

23 calendar year, for which the Secretary missed the 

24 deadline under paragraph (1) of that section, includ25 ing the reasons the deadline was not met; and 


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1 ‘‘(3) a description of all actions taken by the 

2 Secretary under the administrative authority grant3 ed under section 60123. 

4 ‘‘(b) CLASSIFIED ANNEXES.—Each report under sub5 section (a) may include classified annexes as necessary to 

6 protect the disclosure of sensitive or classified information. 

7 ‘‘(c) CESSATION OF EFFECTIVENESS.—This section 

8 ceases to be effective September 30, 2021. 

9 ‘‘§ 60126. Regulations 

10 ‘‘The Secretary may promulgate regulations to imple11 ment this subchapter. 

12 ‘‘§ 60127. Relationship to other executive agencies 

13 and laws 

14 ‘‘(a) EXECUTIVE AGENCIES.—Except as provided in 

15 this subchapter or chapter 509, or any activity regulated 

16 by the Federal Communications Commission under the 

17 Communications Act of 1934 (47 U.S.C. 151 et seq.), a 

18 person is not required to obtain from an executive agency 

19 a license, approval, waiver, or exemption to conduct a non20 governmental Earth observation activity. 

21 ‘‘(b) RULE OF CONSTRUCTION.—This subchapter 

22 does not affect the authority of— 

23 ‘‘(1) the Federal Communications Commission 

24 under the Communications Act of 1934 (47 U.S.C. 

25 151 et seq.); or 


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1 ‘‘(2) the Secretary of Transportation under 

2 chapter 509. 

3 ‘‘(c) NONAPPLICATION.—This subchapter does not 

4 apply to any space activity the United States Government 

5 carries out for the Government.’’; and 

6 (3) by amending section 60147 to read as fol7 lows: 

8 ‘‘§ 60147. Consultation 

9 ‘‘(a) CONSULTATION WITH SECRETARY OF DE10 FENSE.—The Landsat Program Management shall con11 sult with the Secretary of Defense on all matters relating 

12 to the Landsat Program under this chapter that affect na13 tional security. The Secretary of Defense shall be respon14 sible for determining those conditions, consistent with this 

15 chapter, necessary to meet national security concerns of 

16 the United States and for notifying the Landsat Program 

17 Management of such conditions. 

18 ‘‘(b) CONSULTATION WITH SECRETARY OF STATE.— 

19 ‘‘(1) IN GENERAL.—The Landsat Program 

20 Management shall consult with the Secretary of 

21 State on all matters relating to the Landsat Pro22 gram under this chapter that affect international ob23 ligations. The Secretary of State shall be responsible 

24 for determining those conditions, consistent with this 

25 chapter, necessary to meet international obligations 


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1 and policies of the United States and for notifying 

2 the Landsat Program Management of such condi3 tions. 

4 ‘‘(2) INTERNATIONAL AID.—Appropriate United 

5 States Government agencies are authorized and en6 couraged to provide remote sensing data, technology, 

7 and training to developing nations as a component 

8 of programs of international aid. 

9 ‘‘(3) REPORTING DISCRIMINATORY DISTRIBU10 TION.—The Secretary of State shall promptly report 

11 to the Landsat Program Management any instances 

12 outside the United States of discriminatory distribu13 tion of Landsat data. 

14 ‘‘(c) STATUS REPORT.—The Landsat Program Man15 agement shall, as often as necessary, provide to Congress 

16 complete and updated information about the status of on17 going operations of the Landsat system, including timely 

18 notification of decisions made with respect to the Landsat 

19 system in order to meet national security concerns and 

20 international obligations and policies of the United States 

21 Government.’’. 

22 (b) TABLE OF CONTENTS.—The table of contents of 

23 chapter 601 of title 51, United States Code, is amended 

24 by striking the items relating to subchapter III and insert25 ing the following: 


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‘‘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.’’. 

1 (c) RULES OF CONSTRUCTION.— 

2 (1) Nothing in this section or the amendments 

3 made by this section shall affect any license, or ap4 plication for a license, to operate a private remote 

5 sensing space system that was made under sub6 chapter III of chapter 601 of title 51, United States 

7 Code (as in effect before the date of the enactment 

8 of this Act), before the date of the enactment of this 

9 Act. Such license shall continue to be subject to the 

10 requirements to which such license was subject 

11 under that chapter as in effect on the day before the 

12 date of the enactment of this Act. 

13 (2) Nothing in this section or the amendments 

14 made by this section shall affect the prohibition on 

15 the collection and release of detailed satellite im16 agery relating to Israel under section 1064 of the 

17 National Defense Authorization Act for Fiscal Year 

18 1997 (51 U.S.C. 60121 note). 

19 SEC. 202. RADIO-FREQUENCY MAPPING REPORT. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of the enactment of this Act, the Secretary of ComVerDate Sep 11 2014 22:10 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S919.RS S919

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1 merce, in consultation with the Secretary of Defense and 

2 the Director of National Intelligence, shall complete and 

3 submit a report on space-based radio-frequency mapping 

4 to— 

5 (1) the Committee on Commerce, Science, and 

6 Transportation of the Senate; 

7 (2) the Select Committee on Intelligence of the 

8 Senate; 

9 (3) the Committee on Armed Services of the 

10 Senate; 

11 (4) the Committee on Science, Space, and 

12 Technology of the House of Representatives; 

13 (5) the Permanent Select Committee on Intel14 ligence of the House of Representatives; and 

15 (6) the Committee on Armed Services of the 

16 House of Representatives. 

17 (b) CONTENTS.—The report under subsection (a) 

18 shall include— 

19 (1) a discussion of whether a need exists to reg20 ulate space-based radio-frequency mapping; 

21 (2) a description of any immitigable impacts of 

22 space-based radio-frequency mapping on national se23 curity, United States competitiveness and space 

24 leadership, or Constitutional rights; 


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1 (3) any recommendations for additional regu2 latory action regarding space-based radio-frequency 

3 mapping; 

4 (4) a detailed description of the costs and bene5 fits of the recommendations described in paragraph 

6 (3); and 

7 (5) an evaluation of— 

8 (A) whether the development of voluntary 

9 consensus industry standards in coordination 

10 with the Department of Defense is more appro11 priate than issuing regulations with respect to 

12 space-based radio-frequency mapping; and 

13 (B) whether existing law, including regula14 tions and policies, could be applied in a manner 

15 that prevents the need for additional regulation 

16 of space-based radio-frequency mapping. 

17 (c) FORM.—The report under subsection (a) shall be 

18 submitted in unclassified form, but may include a classi19 fied annex. 

20 TITLE III—MISCELLANEOUS 

21 SEC. 301. PROMOTING FAIRNESS AND COMPETITIVENESS 

22 FOR NASA PARTNERSHIP OPPORTUNITIES. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that— 


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1 (1) fair access to available NASA assets and 

2 services on a reimbursable, noninterference, equi3 table, and predictable basis is advantageous in ena4 bling the United States commercial space industry; 

5 (2) NASA should continue to promote fairness 

6 to all parties and ensure best value to the Federal 

7 Government in granting use of NASA assets, serv8 ices, and capabilities in a manner that contributes to 

9 NASA’s missions and objectives; and 

10 (3) NASA should continue to promote small 

11 business awareness and participation through advo12 cacy and collaborative efforts with internal and ex13 ternal partners, stakeholders, and academia. 

14 (b) GUIDANCE FOR SMALL BUSINESS PARTICIPA15 TION.—The Administrator of NASA shall— 

16 (1) provide opportunities for the consideration 

17 of small business concerns during public-private 

18 partnership planning processes and in public-private 

19 partnership plans; 

20 (2) invite the participation of each relevant di21 rector of an Office of Small and Disadvantaged 

22 Business Utilization under section 15(k) of the 

23 Small Business Act 915 U.S.C. 644(k) in public-pri24 vate partnership planning processes and provide the 

25 director access to public-private partnership plans; 


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1 (3) not later than 90 days after the date of the 

2 enactment of this Act— 

3 (A) identify and establish a list of all 

4 NASA assets, services, and capabilities that are 

5 available, or will be available, for public-private 

6 partnership opportunities; and 

7 (B) make the list under subparagraph (A) 

8 available on NASA’s website, in a searchable 

9 format; 

10 (4) periodically as needed, but not less fre11 quently than annually, update the list and website 

12 under paragraph (3); and 

13 (5) not later than 180 days after the date of 

14 the enactment of this Act, develop a policy and issue 

15 guidance for a consistent, fair, and equitable method 

16 for scheduling and establishing priority of use of the 

17 NASA assets, services, and capabilities identified 

18 under this subsection. 

19 (c) STRENGTHENING SMALL BUSINESS AWARE20 NESS.—Not later than 180 days after the date of the en21 actment of this Act, the Administrator of NASA shall des22 ignate an official at each NASA Center— 

23 (1) to serve as an advocate for small businesses 

24 within the office that manages partnerships at each 

25 Center; and 


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1 (2) to provide guidance to small businesses on 

2 how to participate in public-private partnership op3 portunities with NASA. 

4 SEC. 302. MAINTAINING A NATIONAL LABORATORY IN 

5 SPACE. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the United States national laboratory in 

9 space, which currently consists of the United States 

10 segment of the ISS (designated a national laboratory 

11 under section 70905 of title 51, United States 

12 Code)— 

13 (A) benefits the scientific community and 

14 promotes commerce in space; 

15 (B) fosters stronger relationships among 

16 NASA and other Federal agencies, the private 

17 sector, and research groups and universities; 

18 (C) advances science, technology, engineer19 ing, and mathematics education through utiliza20 tion of the unique microgravity environment; 

21 and 

22 (D) advances human knowledge and inter23 national cooperation; 


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1 (2) after the ISS is decommissioned, the United 

2 States should maintain a national microgravity lab3 oratory in space; 

4 (3) in maintaining a national microgravity lab5 oratory described in paragraph (2), the United 

6 States should make appropriate accommodations for 

7 different types of ownership and operational struc8 tures for the ISS and future space stations; 

9 (4) the national microgravity laboratory de10 scribed in paragraph (2) should be maintained be11 yond the date on which the ISS is decommissioned 

12 and, if possible, in cooperation with international 

13 space partners to the extent practicable; and 

14 (5) NASA should continue to support funda15 mental science research on future platforms in low16 Earth orbit and cis-lunar space, short duration sub17 orbital flights, drop towers, and other microgravity 

18 testing environments. 

19 (b) REPORT.—The Administrator of NASA shall 

20 produce, in coordination with the National Space Council 

21 and other Federal agencies as the Administrator considers 

22 relevant, a report detailing the feasibility of establishing 

23 a microgravity national laboratory Federally Funded Re24 search and Development Center to undertake the work re25 lated to the study and utilization of in-space conditions. 


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1 SEC. 303. PRESENCE IN LOW-EARTH ORBIT. 

2 (a) SENSE OF CONGRESS.—It is the sense of Con3 gress that— 

4 (1) it is in the national and economic security 

5 interests of the United States to maintain a contin6 uous human presence in low-Earth orbit; and 

7 (2) low-Earth orbit should be utilized as a 

8 testbed to advance human space exploration, sci9 entific discoveries, and United States economic com10 petitiveness and commercial participation. 

11 (b) HUMAN PRESENCE REQUIREMENT.—NASA shall 

12 continuously maintain the capability for a continuous 

13 human presence in low-Earth orbit through and beyond 

14 the useful life of the ISS. 

15 SEC. 304. CONTINUATION OF THE ISS. 

16 (a) CONTINUATION OF THE INTERNATIONAL SPACE

17 STATION.—Section 501(a) of the National Aeronautics 

18 and Space Administration Authorization Act of 2010 (42 

19 U.S.C. 18351(a)) is amended by striking ‘‘2024’’ and in20 serting ‘‘2030’’. 

21 (b) MAINTENANCE OF THE UNITED STATES SEG22 MENT AND ASSURANCE OF CONTINUED OPERATIONS OF

23 THE INTERNATIONAL SPACE STATION.—Section 503(a) of 

24 the National Aeronautics and Space Administration Au25 thorization Act of 2010 (42 U.S.C. 18353(a)) is amended 

26 by striking ‘‘2024’’ and inserting ‘‘2030’’. 


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1 (c) RESEARCH CAPACITY ALLOCATION AND INTE2 GRATION OF RESEARCH PAYLOADS.—Section 504(d) of 

3 the National Aeronautics and Space Administration Au4 thorization Act of 2010 (42 U.S.C. 18354(d)) is amended 

5 by striking ‘‘2024’’ each place it appears and inserting 

6 ‘‘2030’’. 

7 (d) MAINTAINING USE THROUGH AT LEAST 2030.— 

8 Section 70907 of title 51, United States Code, is amend9 ed— 

10 (1) in the section heading, by striking ‘‘2024’’ 

11 and inserting ‘‘2030’’; and 

12 (2) by striking ‘‘2024’’ each place it appears 

13 and inserting ‘‘2030’’. 

14 SEC. 305. UNITED STATES POLICY ON ORBITAL DEBRIS. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) existing guidelines for the mitigation of or18 bital debris may not be adequate to ensure long-term 

19 usability of the space environment for all users; and 

20 (2) the United States should continue to exer21 cise a leadership role in developing orbital debris 

22 prevention standards that may be used by all space23 faring nations. 

24 (b) POLICY OF THE UNITED STATES.—It is the pol25 icy of the United States to have consistent standards 


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1 across Federal agencies that minimize the risks from or2 bital debris in order to protect— 

3 (1) the public health and safety; 

4 (2) humans in space; 

5 (3) the national security interests of the United 

6 States; 

7 (4) the safety of property; 

8 (5) space objects from interference; and 

9 (6) the foreign policy interests of the United 

10 States. 

11 SEC. 306. LOW-EARTH ORBIT COMMERCIALIZATION PRO12 GRAM. 

13 (a) PROGRAM AUTHORIZATION.—The Administrator 

14 of NASA may establish a low-Earth orbit commercializa15 tion program to encourage the fullest commercial use and 

16 development of space by the private sector of the United 

17 States. 

18 (b) CONTENTS.—The program under subsection (a) 

19 may include— 

20 (1) activities to stimulate demand for human 

21 space flight products and services in low-Earth orbit; 

22 (2) activities to improve the capability of the 

23 ISS to accommodate commercial users; and 


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1 (3) subject to subsection (c), activities to accel2 erate the development of commercial space stations 

3 or commercial space habitats. 

4 (c) CONDITIONS.— 

5 (1) COST SHARE.—The Administrator shall give 

6 priority to an activity under subsection (b)(3) in 

7 which the private sector entity conducting the activ8 ity provides a share of the cost to develop and oper9 ate the activity. 

10 (2) COMMERCIAL SPACE HABITAT.—The Ad11 ministration may not engage in an activity under 

12 subsection (b)(3) until after the date on which the 

13 Administrator of NASA awards a contract for the 

14 use of a docking port on the ISS. 

15 (d) REPORTS.—Not later than 30 days after the date 

16 on which an award or agreement is made under subsection 

17 (b)(3), the Administrator of NASA shall submit to the 

18 Committee on Commerce, Science, and Transportation of 

19 the Senate and the Committee on Science, Space, and 

20 Technology of the House of Representatives a report on 

21 the development of the commercial space station or com22 mercial space habitat, as applicable, including a business 

23 plan for how the activity will— 

24 (1) meet NASA’s future requirements for low25 Earth orbit human space flight services; and 


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1 (2) satisfy the non-Federal funding requirement 

2 under subsection (c)(1). 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Administrator of 

5 NASA to carry out a low-Earth commercialization pro6 gram under this section $150,000,000 for fiscal year 

7 2020. 

8 SEC. 307. BUREAU OF SPACE COMMERCE. 

9 (a) IN GENERAL.—Chapter 507 of title 51, United 

10 States Code, is amended— 

11 (1) in the heading, by striking ‘‘OFFICE’’ and 

12 inserting ‘‘BUREAU’’; 

13 (2) by amending section 50701 to read as fol14 lows: 

15 ‘‘§ 50701. Definition of Bureau 

16 ‘‘In this chapter, the term ‘Bureau’ means the Bu17 reau of Space Commerce established in section 50702 of 

18 this title.’’; 

19 (3) in section 50702— 

20 (A) by amending subsection (a) to read as 

21 follows: 

22 ‘‘(a) IN GENERAL.—There is established within the 

23 Department of Commerce a Bureau of Space Commerce.’’; 

24 (B) by amending subsection (b) to read as 

25 follows: 


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1 ‘‘(b) ASSISTANT SECRETARY.—The Bureau shall be 

2 headed by an Assistant Secretary for Space Commerce, 

3 to be appointed by the President with the advice and con4 sent of the Senate and compensated at level II or III of 

5 the Executive Schedule, as determined by the Secretary 

6 of Commerce. The Assistant Secretary shall report directly 

7 to the Secretary of Commerce.’’; 

8 (C) in subsection (c)— 

9 (i) in the matter preceding paragraph 

10 (1), by striking ‘‘Office’’ and inserting 

11 ‘‘Bureau’’; 

12 (ii) in paragraph (2), by inserting ‘‘, 

13 including activities licensed under chapter 

14 601 of this title’’ before the semicolon; and 

15 (iii) in paragraph (5), by striking 

16 ‘‘Position,’’ and inserting ‘‘Positioning,’’; 

17 and 

18 (D) in subsection (d)— 

19 (i) in the heading, by striking ‘‘DI20 RECTOR’’ and inserting ‘‘ASSISTANT SEC21 RETARY’’; 

22 (ii) in the matter preceding paragraph 

23 (1)— 

24 (I) by striking ‘‘Director’’ and in25 serting ‘‘Assistant Secretary’’; and 


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1 (II) by striking ‘‘Office shall’’ 

2 and inserting ‘‘Bureau shall, under 

3 the direction and supervision of the 

4 Secretary,’’; 

5 (iii) by redesignating paragraphs (1) 

6 through (7) as paragraphs (3) through (9), 

7 respectively; and 

8 (iv) by inserting before paragraph (3), 

9 as redesignated, the following: 

10 ‘‘(1) to oversee the issuing of licenses under 

11 chapter 601 of this title; 

12 ‘‘(2) coordinating Department policy impacting 

13 commercial space activities and working with other 

14 executive agencies to promote policies that advance 

15 commercial space activities;’’; and 

16 (v) in paragraph (8), as redesignated, 

17 by inserting ‘‘, consistent with the inter18 national obligations, foreign policy, and na19 tional security interests of the United 

20 States’’ before the semicolon; 

21 (4) in section 50703— 

22 (A) by striking ‘‘Office’’ and inserting 

23 ‘‘Bureau’’; and 

24 (B) by striking ‘‘Committee on Science and 

25 Technology of the House of Representatives’’ 


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1 and inserting ‘‘Committee on Science, Space, 

2 and Technology of the House of Representa3 tives’’; and 

4 (5) by adding at the end the following: 

5 ‘‘§ 50704. Authorization of appropriations 

6 ‘‘There is authorized to be appropriated to the Sec7 retary of Commerce to carry out this chapter $10,000,000 

8 for each of fiscal years 2020 through 2024.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 (1) TABLE OF CONTENTS.—The table of con11 tents of chapter 507 of title 51, United States Code, 

12 is amended— 

13 (A) in the item relating to section 50701, 

14 by striking ‘‘Office’’ and inserting ‘‘Bureau’’; 

15 and 

16 (B) by adding after the item relating to 

17 section 50703 the following: 

‘‘50704. Authorization of appropriations.’’. 

18 (2) TABLE OF CHAPTERS.—The table of chap19 ters of title 51, United States Code, is amended in 

20 the item relating to chapter 507 by striking ‘‘Office’’ 

21 and inserting ‘‘Bureau’’. 

22 (3) COOPERATION WITH FORMER SOVIET RE23 PUBLICS.—Section 218 of the National Aeronautics 

24 and Space Administration Authorization Act, Fiscal 

25 Year 1993 (51 U.S.C. 50702 note) is amended by 


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1 striking ‘‘Office’’ each place it appears and inserting 

2 ‘‘Bureau’’. 


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Calendar No. 323 

116TH CONGRESS 

1ST SESSION S. 919 

[Report No. 116–172] 

A BILL 

To reduce regulatory burdens and streamline procfor other purposes. esses related to commercial space activities, and 

DECEMBER 11, 2019 

Reported without amendment 


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